[Federal Register Volume 72, Number 221 (Friday, November 16, 2007)]
[Rules and Regulations]
[Pages 64860-64897]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-21814]



[[Page 64859]]

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Part III





Environmental Protection Agency





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40 CFR Parts 60 and 63



Standards of Performance for Equipment Leaks of VOC in the Synthetic 
Organic Chemicals Manufacturing Industry; Standards of Performance for 
Equipment Leaks of VOC in Petroleum Refineries; Final Rule

  Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / 
Rules and Regulations  

[[Page 64860]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 63

[EPA-HQ-OAR-2006-0699; FRL-8492-4]
RIN 2060-AN71


Standards of Performance for Equipment Leaks of VOC in the 
Synthetic Organic Chemicals Manufacturing Industry; Standards of 
Performance for Equipment Leaks of VOC in Petroleum Refineries

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is issuing final amendments to the standards of 
performance for equipment leaks of volatile organic compounds in the 
synthetic organic chemicals manufacturing industry and to the standards 
of performance for equipment leaks of volatile organic compounds in 
petroleum refineries. The amended standards for the synthetic organic 
chemicals manufacturing industry apply to affected facilities that are 
constructed, reconstructed, or modified after January 5, 1981, and on 
or before November 7, 2006. The amended standards for petroleum 
refineries apply to affected facilities that are constructed, 
reconstructed, or modified after January 4, 1983, and on or before 
November 7, 2006. In this action, EPA is also issuing new standards of 
performance for equipment leaks of volatile organic compounds in the 
synthetic organic chemicals manufacturing industry and for equipment 
leaks of volatile organic compounds in petroleum refineries which apply 
to affected facilities that are constructed, reconstructed, or modified 
after November 7, 2006. The final amendments and new standards are 
based on the results of our review of the existing regulations as 
required by section 111(b)(1)(B) of the Clean Air Act.

DATES: This final rule is effective on November 16, 2007. The 
incorporation by reference of certain publications listed in these 
rules is approved by the Director of the Federal Register as of 
November 16, 2007.

ADDRESSES: EPA has established a docket for this action under Docket ID 
No. EPA-HQ-OAR-2006-0699. All documents in the docket are listed in the 
Federal Docket Management System index at www.regulations.gov. Although 
listed in the index, some information is not publicly available, e.g., 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Certain other material, such as 
copyrighted material, is not placed on the Internet and will be 
publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through 
www.regulations.gov or in hard copy at the Air and Radiation Docket, 
EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington, 
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
Public Reading Room is (202) 566-1744, and the telephone number for the 
Air and Radiation Docket is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: For information concerning the final 
amendments and new standards, contact Ms. Karen Rackley, Coatings and 
Chemicals Group, Sector Policies and Programs Division, Office of Air 
Quality Planning and Standards (E143-01), Environmental Protection 
Agency, Research Triangle Park, North Carolina 27711; telephone number: 
(919) 541-0634; fax number: (919) 541-0246; e-mail address: 
[email protected]. For information concerning compliance and 
enforcement of the final amendments and new standards, contact Ms. 
Marcia Mia, Air Compliance Branch, Compliance Assessment and Media 
Programs Division, Office of Compliance (MC 2223A), Environmental 
Protection Agency, Washington, DC 20460; telephone number: (202) 564-
7042; fax number: (202) 564-0050; and e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:
    Regulated Entities. Categories and entities potentially regulated 
by this action include:

------------------------------------------------------------------------
                                                        Examples of
           Category               NAICS code\1\    potentially regulated
                                                          entities
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Industry......................  324110...........  Petroleum refiners.
                                Primarily 325110,  Synthetic organic
                                 325192, 325193,    chemical
                                 and 325199.        manufacturing
                                                    industry (SOCMI)
                                                    units, e.g.,
                                                    producers of
                                                    benzene, toluene, or
                                                    any other chemical
                                                    listed in 40 CFR
                                                    60.489.
------------------------------------------------------------------------
\1\ North American Industrial Classification Code.

    This table is not intended to be exhaustive, but rather provides a 
guide for readers regarding entities likely to be regulated by this 
action. To determine whether your facility is regulated by this action, 
you should examine the applicability criteria in 40 CFR 60.480, 60.590, 
60.480a, and 60.590a. If you have any questions regarding the 
applicability of the final amendments or new standards to a particular 
entity, contact the people listed in the preceding FOR FURTHER 
INFORMATION CONTACT section.
    Worldwide Web (WWW). In addition to being available in the docket, 
an electronic copy of the final rule is available on the WWW through 
the Technology Transfer Network (TTN). Following signature, EPA will 
post a copy of the final rule on the TTN's policy and guidance page for 
newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg. 
The TTN provides information and technology exchange in various areas 
of air pollution control.
    Judicial Review. Under section 307(b) of the Clean Air Act (CAA), 
judicial review of the final rule is available only by filing a 
petition for review in the United States Court of Appeals for the 
District of Columbia Circuit by January 15, 2008. Under section 
307(d)(7)(B) of the CAA, only an objection to the final rule that was 
raised with reasonable specificity during the period for pubic comment 
can be raised during judicial review. Moreover, under section 307(b)(2) 
of the CAA, the requirements established by this final rule may not be 
challenged separately in any civil or criminal proceedings brought by 
EPA to enforce these requirements.
    Section 307(d)(7)(B) of the CAA further provides that ``[O]nly an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review.'' This section also 
provides a mechanism for us to convene a proceeding for 
reconsideration, ``[i]f the person raising an objection can demonstrate 
to the EPA that is was impracticable to raise such objection within 
[the period for public comment] or if the grounds for such objection 
arose after the period for public comment (but within the time

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specified for judicial review) and if such objection is of central 
relevance to the outcome of the rule.'' Any person seeking to make such 
a demonstration to us should submit a Petition for Reconsideration to 
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios 
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a 
copy to both the person(s) listed in the preceding FOR FURTHER 
INFORMATION CONTACT section, and the Associate General Counsel for the 
Air and Radiation Law Office, Office of General Counsel (Mail Code 
2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    Outline. The information presented in this preamble is organized as 
follows:

I. Background Information
    A. What is the statutory authority for the final amendments and 
new standards?
    B. What are the current equipment leak NSPS?
    C. How were the final amendments developed?
II. Summary of the Final Amendments, New Standards, and Changes 
Since Proposal
    A. What are the final amendments to 40 CFR part 60, subpart VV?
    B. What are the final amendments to 40 CFR part 60, subpart GGG?
    C. What are the requirements of 40 CFR part 60, subpart VVa?
    D. What are the requirements of 40 CFR part 60, subpart GGGa?
III. Rationale for Changes Since Proposal
    A. How did EPA develop new standards for 40 CFR part 60, 
subparts VVa and GGGa?
    B. How did EPA develop the new compliance requirements in 40 CFR 
part 60, subparts VVa and GGGa?
    C. How did EPA develop the final amendments to 40 CFR part 60, 
subparts VV and GGG?
IV. Summary of Comments and Responses
    A. Applicability
    B. Standards
    C. Test Methods and Procedures
    D. Recordkeeping and Reporting
    E. Burden Estimates
V. Summary of Cost, Environmental, Energy, and Economic Impacts
    A. What are the impacts for SOCMI process units?
    B. What are the impacts for petroleum refining process units?
    C. What are the economic impacts?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

I. Background Information

A. What is the statutory authority for the final amendments and new 
standards?

    New source performance standards (NSPS) implement CAA section 111 
and are issued for categories of sources which cause, or contribute 
significantly to, air pollution which may reasonably be anticipated to 
endanger public health or welfare. The primary purpose of the NSPS are 
to attain and maintain ambient air quality by ensuring that the best 
demonstrated emission control technologies are installed as the 
industrial infrastructure is modernized. Since 1970, the NSPS have been 
successful in achieving long-term emissions reductions at numerous 
industries by assuring cost-effective controls are installed on new, 
reconstructed, or modified sources.
    Section 111 of the CAA requires that NSPS reflect the application 
of the best system of emission reductions which (taking into 
consideration the cost of achieving such emission reductions, any non-
air quality health and environmental impact and energy requirements) 
the Administrator determines has been adequately demonstrated. This 
level of control is commonly referred to as best demonstrated 
technology (BDT).
    Section 111(b)(1)(B) of the CAA requires that EPA periodically 
review and revise the standards of performance, as necessary, to 
reflect improvements in methods for reducing emissions. Based on the 
results of the review required by CAA section 111(b)(1)(B), we proposed 
amendments to the NSPS for equipment leaks of volatile organic 
compounds (VOC) in the synthetic organic chemicals manufacturing 
industry (SOCMI) and the petroleum refining industry on November 7, 
2006 (71 FR 65302). In this action, EPA is finalizing amendments to 40 
CFR part 60, subparts VV and GGG and issuing new standards of 
performance in 40 CFR part 60, subparts VVa and GGGa.

B. What are the current equipment leak NSPS?

    New source performance standards for equipment leaks of VOC have 
been developed for four source categories. Subpart VV of 40 CFR part 60 
applies to SOCMI process units. Subpart DDD of 40 CFR part 60, 
Standards of Performance for Volatile Organic Compound (VOC) Emissions 
from the Polymer Manufacturing Industry, applies to polypropylene, 
polyethylene, polystyrene, and poly (ethylene terephthalate) process 
units. Subpart GGG of 40 CFR part 60 applies to petroleum refining 
process units. Subpart KKK of 40 CFR part 60 applies to onshore natural 
gas processing plants. Subparts DDD, GGG, and KKK of 40 CFR part 60 
cross-reference the requirements in subpart VV, and they specify source 
category-specific definitions and exceptions to the requirements in 
subpart VV.
    The NSPS for equipment leaks of VOC in the SOCMI (40 CFR part 60, 
subpart VV) were originally promulgated on October 18, 1983 (48 FR 
48335) and apply to all equipment, as defined by the rule, within a 
process unit in the SOCMI that commenced construction, reconstruction, 
or modification after January 5, 1981. For the purpose of subpart VV, 
the SOCMI consists of process units producing any of the chemicals 
listed in 40 CFR 60.489 of subpart VV. The standards apply to pumps, 
compressors, pressure relief devices, sampling connection systems, 
open-ended valves or lines (OEL), valves, and flanges or other 
connectors in VOC service. Depending on the type of equipment, the 
standards require either periodic monitoring for and repair of leaks, 
the use of specified equipment to minimize leaks, or specified work 
practices. Monitoring for leaks must be conducted using EPA Method 21 
in appendix A-7 to 40 CFR part 60 or other approved equivalent 
monitoring techniques. Owners and operators must keep records that 
identify the equipment that is subject to the standards, identify 
equipment that is leaking, and document attempts at repair. Information 
related to leaks and repair attempts also must be included in 
semiannual reports. This subpart has been amended several times between 
1984 and 2000. Typically, these amendments added definitions, 
exemptions, alternative compliance options, and clarifications. For 
example, one amendment provides an option to comply with the equipment 
leak provisions in the Consolidated Federal Air Rule (CAR) (40 CFR part 
65, subpart F). None of these amendments increased the intended 
performance level of the standards.
    The NSPS for equipment leaks of VOC in petroleum refineries (40 CFR 
part 60, subpart GGG) apply to petroleum refining process units for 
which construction, reconstruction, or modification commenced after 
January

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4, 1983. Those standards were originally promulgated on May 30, 1984 
(49 FR 22606), and have been amended only once since the original 
promulgation (65 FR 61768, October 17, 2000) to update the American 
Society for Testing and Materials (ASTM) test method references.

C. How were the final amendments developed?

    We proposed amendments to 40 CFR part 60, subpart VV and 40 CFR 
part 60, subpart GGG on November 7, 2006 (71 FR 65302). The preamble 
for the proposed amendments described the rationale for the proposed 
amendments. Public comments were solicited at the time of proposal. The 
public comment period lasted from November 7, 2006, to February 8, 
2007. We offered at proposal the opportunity for a public hearing 
concerning the proposed amendments, but no hearing was requested. We 
also published a Notice of Additional Data Availability (NODA) on July 
9, 2007 (72 FR 37157). The NODA provided additional information 
regarding OEL. Public comments were solicited at the time of 
publication, and the public comment period lasted from July 9, 2007, to 
August 8, 2007.
    We received a total of 28 public comment letters during the comment 
periods, 23 on the proposed amendments and five on the NODA. Comments 
were submitted by industry trade associations and consultants, chemical 
companies and petroleum refineries, state regulatory agencies, local 
government agencies, and environmental groups. These final amendments 
reflect our consideration of all of the comments received during the 
comment periods. Major public comments on the proposed amendments, 
along with our responses to those comments, are summarized in this 
preamble.

II. Summary of the Final Amendments, New Standards, and Changes Since 
Proposal

    In response to public comments, we have revised the scope and 
applicability of the proposed amendments to the standards of 
performance for equipment leaks of VOC for SOCMI (40 CFR part 60, 
subpart VV) and petroleum refineries (40 CFR part 60, subpart GGG). As 
proposed, all of the amendments to subparts VV and GGG, except the 
change in leak definitions for pumps and valves, applied to affected 
facilities in these industries that commenced construction, 
reconstruction, or modification after January 5, 1981, (SOCMI) or 
January 4, 1983, (petroleum refineries). In addition, all of the 
proposed amendments, except the leak definition change, applied to 
affected facilities under all other NSPS that cross-reference subpart 
VV (i.e., 40 CFR part 60, subparts DDD and KKK).
    Based on the public comments, we decided to include only 
clarifications, changes that reduce burden, and additional compliance 
options in the final amendments to 40 CFR part 60, subparts VV and GGG. 
The final amendments to both subparts also limit which SOCMI and 
petroleum refinery affected sources are subject to the existing 
subparts. Specifically, the existing subparts only apply to those 
existing affected sources that commenced construction, reconstruction, 
or modification after January 5, 1981, (SOCMI) or January 4, 1983, 
(petroleum refineries) and on or before November 7, 2006. The final 
amendments to subpart VV also apply to affected sources under NSPS that 
cross-reference subpart VV (i.e., 40 CFR part 60, subparts DDD and 
KKK).
    In addition to amending 40 CFR part 60, subparts VV and GGG, we 
also decided to develop new standards in new subparts VVa and GGGa of 
40 CFR part 60 that apply only to SOCMI and petroleum refinery affected 
sources, respectively, that commence construction, reconstruction, or 
modification after November 7, 2006. These new standards parallel the 
standards in the amended subparts VV and GGG, but they also include 
different standards for pumps in light liquid service and valves in 
gas/vapor or light liquid service (i.e., lower leak definitions than in 
subparts VV and GGG), and they include additional recordkeeping and 
instrument calibration requirements. Furthermore, the new standards in 
40 CFR part 60, subpart VVa include monitoring and repair requirements 
for connectors. The new standards do not apply to affected sources 
under 40 CFR part 60, subparts DDD or KKK because we have not amended 
those subparts to reference the requirements in subpart VVa and we have 
not completed an analysis to determine if the new standards are BDT for 
subparts DDD and KKK.

A. What are the final amendments to 40 CFR part 60, subpart VV?

    The final amendments to 40 CFR part 60, subpart VV provide 
additional compliance options, clarify ambiguous provisions, and make 
technical corrections. These changes are summarized in Table 1 in 
section III.C of this preamble.
1. Applicability
    The owner or operator of an affected facility subject to 40 CFR 
part 60, subpart VV may choose to comply with the requirements in new 
40 CFR part 60, subpart VVa instead of the requirements in subpart VV.
2. Standards
    The final amendments simplify the compliance requirements for 
pumps. When indications of liquids dripping are observed during weekly 
inspections, 40 CFR part 60, subpart VV requires repair of the leak 
following the same procedures as if the leak were detected by 
monitoring. The final amendment in 40 CFR 60.482-2(b)(2) allows the 
owner or operator to either repair the leak by eliminating the 
indications of liquids dripping or determine if it is leaking based on 
the instrument reading obtained by monitoring the pump in accordance 
with EPA Method 21 (40 CFR part 60, appendix A-7) or other approved 
equivalent monitoring techniques. This amendment will focus the leak 
detection and repair (LDAR) program on finding and repairing VOC leaks.
    The final amendments also include an alternative compliance option 
that allows less frequent monitoring for pumps and valves in batch 
process units that operate part-time during the year. This alternative 
applies to currently required monthly, quarterly, and semiannual 
monitoring intervals; less frequent monitoring is not allowed for 
monitoring that is currently required on an annual or less frequent 
basis. For example, pumps in a process unit that operate 5,250 hours 
per year (about 60 percent of full-time operation) may be monitored 
every other month rather than monthly. This alternative will ensure 
that monitoring occurs consistently while the process unit is 
operating. The alternative monitoring schedule for batch processes was 
developed as part of the development of the hazardous organic national 
emission standards for hazardous air pollutants (NESHAP) (HON) (57 FR 
62680). This alternative has been determined to be comparable to the 
provisions for continuous processes. As the time in use increases, the 
monitoring frequencies are identical for both batch and continuous 
processes.
    In response to public comments, we have revised the proposed 
clarification to the initial monitoring requirements for pumps and 
valves (that all pumps and valves be monitored within the first month 
of operation after installation). The final amendments require the 
owner or operator to monitor all pumps

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on a monthly basis regardless of whether the pump is new or existing. 
The owner or operator of a new valve must monitor the valve for the 
first time within 30 days after being placed into service to ensure 
proper installation. Any valve for which a leak is not detected for 2 
successive months may be monitored the first month of every quarter, 
beginning with the next quarter, until a leak is detected. As an 
alternative to monitoring a new valve within 30 days, if the valves in 
the process unit are monitored under the alternative standards for 
valves that allow skip period leak detection and repair in 40 CFR 
60.483-2, the owner or operator must count the new valve as leaking 
when calculating the percentage of valves leaking. If less than 2.0 
percent of the valves are leaking for that process unit, the valve must 
be monitored for the first time during the next scheduled monitoring 
event for existing valves in the process unit or within 90 days, 
whichever comes first.
    As an alternative to monitoring all of the valves in the first 
month of a quarter, an owner or operator may elect to subdivide the 
process unit into two or three subgroups of valves and monitor each 
subgroup in a different month during the quarter, provided each 
subgroup is monitored every 3 months. The owner or operator must keep 
records of the valves assigned to each subgroup.
    The clarifications to the requirements for sampling connection 
systems in 40 CFR 60.482-5 have been revised since proposal to add 
additional destinations for purged process fluid. All containers must 
be covered when not being filled or emptied. The amendments also 
clarify what materials must be captured and returned to the process 
during sampling.
    In response to comments, we have revised the proposed option for 
delay of repair in 40 CFR 60.482-9. The proposed amendment would have 
allowed the owner or operator to discontinue monitoring for equipment 
on delay-of-repair. We have not included this in the final amendments 
and new standards because a leak may worsen while on delay-of-repair 
and require a more immediate shutdown. Therefore, all equipment on 
delay-of-repair must be monitored as scheduled. The option to consider 
equipment to be repaired if two consecutive readings are below the leak 
definition was not removed. If two consecutive readings are below the 
applicable leak definition, the owner or operator may remove the 
equipment from delay-of-repair.
3. Definitions
    Several amendments clarify the original intent of the definitions 
in 40 CFR part 60, subpart VV. These definitions include ``connector,'' 
``process unit,'' and ``sampling connection system.'' In addition, 
definitions of ``closed-loop system,'' ``closed-purge system,'' 
``storage vessel,'' and ``transfer rack'' were added to further clarify 
existing definitions. The definition of ``process unit'' is discussed 
in further detail in section IV.A.3 of this preamble. The rationale for 
revising and adding the other definitions is included in Docket ID No. 
EPA-HQ-OAR-2006-0699.
4. Miscellaneous Corrections
    Finally, the final amendments include a few technical corrections 
to fix references and other miscellaneous errors in 40 CFR part 60, 
subpart VV. No changes have been made to the proposed corrections, and 
a number of additional corrections are included in the final 
amendments. The technical corrections are identified in section III.A.3 
of the preamble to the proposed amendments (71 FR 65307-65308, November 
7, 2006) as well as Table 1 of this preamble.

B. What are the final amendments to 40 CFR part 60, subpart GGG?

    A few minor changes have been made to the 40 CFR part 60, subpart 
GGG amendments since proposal. The heading and 40 CFR 60.590(b) were 
revised to clarify that the subpart applies to sources that commence 
construction, reconstruction, or modification on or before November 7, 
2006, and 40 CFR 60.590(d) was revised to exclude facilities subject to 
40 CFR part 60, subpart VVa. Proposed revisions that remain in the 
final amendments to subpart GGG include a definition of ``asphalt'' and 
an exemption from the requirements for OEL in 40 CFR 60.482-6(a) 
through (c) for OEL containing asphalt. The definition of ``process 
unit'' is comparable to the definition in 40 CFR part 60, subpart VV.
    The final amendments also include a few technical corrections to 
fix references and other miscellaneous errors in 40 CFR part 60, 
subpart GGG. These changes are identified in section III.B.5 of the 
preamble to the proposed amendments (71 FR 65309, November 7, 2006). No 
changes have been made to these corrections since proposal.

C. What are the requirements of 40 CFR part 60, subpart VVa?

    40 CFR part 60, subpart VVa applies to affected facilities in the 
SOCMI that are constructed, reconstructed, or modified after November 
7, 2006. This new subpart includes all the requirements of 40 CFR part 
60, subpart VV, as amended, along with new provisions. The owner or 
operator of an affected facility subject to subpart VVa may elect to 
comply with the CAR at 40 CFR part 65, subpart F, or the HON at 40 CFR 
part 63, subpart H, instead of the requirements in subpart VVa, 
provided they still comply with the requirements in 40 CFR 60.482-6a.
    40 CFR part 60, subpart VVa includes lower leak definitions for 
pumps and valves than 40 CFR part 60, subpart VV. Under subpart VVa, 
the leak definition for pumps in light liquid service is 2,000 parts 
per million (ppm) (5,000 ppm for pumps handling polymerizing monomers) 
instead of 10,000 ppm. The leak definition for valves in gas/vapor 
service or light liquid service is 500 ppm instead of 10,000 ppm. 
Rationale for this new standard was provided in section III.A.1 of the 
preamble to the proposed amendments and is discussed further in section 
III.A.1 of this preamble.
    40 CFR part 60, subpart VVa also includes requirements for 
monitoring connectors. The owner or operator is required to monitor 
connectors at a leak definition of 500 ppm and at a frequency that is 
based on the percentage of connectors found to be leaking. The 
rationale supporting the LDAR provisions for connectors is located in 
section III.A.2 of this preamble.
    40 CFR part 60, subpart VVa includes additional recordkeeping 
requirements and quality assurance measures. Records must identify the 
monitoring instrument, operator, equipment, the date, and maximum 
instrument reading. A calibration drift assessment is required at the 
end of each day of monitoring and records of monitoring instrument 
calibrations are required. The calibration drift assessment 
requirements proposed for 40 CFR part 60, subpart VV were revised based 
on public comments. The requirements in the new standards include a 
requirement to remonitor equipment if the drift assessment shows 
positive drift. The requirements in the new standards provide for a 
less stringent remonitoring effort for drift assessments showing 
negative drift.

D. What are the requirements of 40 CFR part 60, subpart GGGa?

    40 CFR part 60, subpart GGGa applies to affected facilities at 
petroleum refineries that are constructed, reconstructed, or modified 
after November 7, 2006. New subpart GGGa

[[Page 64864]]

includes the requirements in 40 CFR part 60, subpart GGG, as amended. 
Affected facilities must comply with the requirements in new subpart 
VVa of 40 CFR part 60, except for the monitoring requirements 
applicable to connectors.

III. Rationale for Changes Since Proposal

A. How did EPA develop new standards for 40 CFR part 60, subparts VVa 
and GGGa?

    Five sources of information were considered in reviewing the 
appropriateness of the current NSPS requirements for new sources: (1) 
Applicable Federal regulations; (2) applicable state and local 
regulations; (3) data from National Enforcement Investigations Center 
(NEIC) inspections; (4) emissions data provided by industry 
representatives; and (5) petroleum refinery consent decrees. (A 
significant number of refineries, representing about 77 percent of the 
national refining capacity, are subject to consent decrees that limit 
the emissions from 40 CFR part 60, subpart GGG process units.) Once we 
identified leak definitions for various equipment types, we evaluated 
these leak definitions in conjunction with technical feasibility, 
costs, and emission reductions to determine BDT for each type of 
equipment.
    The cost methodology incorporates the calculation of annualized 
costs and emission reductions associated with each of the options 
presented. Cost-effectiveness is the annualized cost of control divided 
by the annual emission reductions achieved. For NSPS regulations, the 
standard metric for expressing costs and emission reductions is the 
impact on all affected facilities accumulated over the first 5 years of 
the regulation. Details of the calculations can be found in the public 
docket (EPA-OAR-HQ-2006-0699). Our BDT determinations took all relevant 
factors into account, including cost considerations.
    For each of the new standards, the predominant method used to 
reduce emissions from equipment leaks is the work practice of an LDAR 
program that includes periodic monitoring of equipment using EPA Method 
21. This method has been used for more than 20 years to detect leaks 
and is currently the most widely-used test method. However, other 
approved methods may be used to detect leaks.
    We also considered an equipment standard requiring installation of 
``leakless'' equipment. ``Leakless'' equipment, such as diaphragm 
valves, is less likely to leak than standard equipment, but leaks may 
still develop. Therefore, monitoring or other type of observation is 
appropriate to ensure that leaks are caught if they develop. In 
addition, these types of equipment may not be suitable for all possible 
process operating temperatures, pressures, and fluid types. We could 
not identify any new ``leakless'' technologies that could be applied in 
all applications. Therefore, requiring ``leakless'' equipment is not 
technically feasible and this option was not considered to be BDT for 
SOCMI or petroleum refining sources. We note that 40 CFR part 60, 
subpart VV does include provisions for equipment designed for no 
detectable emissions, so owners or operators that do replace existing 
equipment with ``leakless'' equipment have options for compliance.
1. Leak Definitions for Pumps and Valves
    We previously demonstrated that leak definitions of 2,000 ppm for 
pumps and 500 ppm for valves are BDT in the preamble to the proposed 
amendments to 40 CFR part 60, subparts VV and GGG (November 7, 2006, 71 
FR 65305, with additional discussion at 71 FR 65308). Since proposal, 
the cost-effectiveness values for this new requirement have changed 
slightly based on changes to the assumptions used to develop emission 
estimates; section V of this preamble includes details on the specific 
changes. For SOCMI, the estimated emission reductions are 94 tons of 
VOC per year at a cost savings of $380/ton. For petroleum refineries, 
the estimated emission reductions are 13 tons of VOC per year at a cost 
of $1,600/ton. The cost to achieve these emission reductions is still 
considered to be reasonable; therefore, we maintain our original 
conclusion that EPA Method 21 monitoring of pumps and valves and repair 
of leaks above 2,000 ppm for pumps and 500 ppm for valves is BDT.
    We have also evaluated the cost-effectiveness of lowering the leak 
definitions even further for valves because there are some state rules 
and petroleum refinery consent decrees at lower levels. The results of 
that analysis show that an LDAR program for valves at a leak definition 
lower than 500 ppm is not cost-effective. The analysis shows emission 
reductions of 26 tons of additional VOC per year at a cost-
effectiveness of $5,700/ton for SOCMI and emission reductions of 8 tons 
of additional VOC per year at a cost-effectiveness of $16,000/ton for 
refineries. The additional VOC emission reductions at a leak definition 
lower than 500 ppm is not cost-effective. The results of the impacts 
analysis is provided in the docket (Docket ID No. EPA-HQ-OAR-2006-
0699).
    We decided not to consider a lower leak definition for pumps 
because we do not have evidence that it will achieve significant 
emission reductions at reasonable cost and because such a requirement 
would impose an unwarranted increase in the compliance burden. No other 
Federal or state rules require repair of pumps with leaks below 2,000 
ppm, and concerns have been expressed in the past that repair of pumps 
with lower concentrations could result in significant and costly 
maintenance. We also cannot estimate the emission reductions because we 
are unsure how effective repairs will be for pumps with low leak 
concentrations. In addition, many facilities that will be subject to 
the new standards have other process units that are subject to other 
standards. Including a leak definition in the new standards that 
differs from the leak definitions in all other rules would make 
compliance more challenging at such facilities and unnecessarily 
increase the potential for inadvertent errors.
    We also did not consider increasing the number of times per year 
that valves and pumps must be monitored. Valves and pumps are already 
subject to monthly monitoring. The cost to monitor more frequently 
would outweigh the possible emission reductions. Additionally, pumps 
are subject to weekly inspections for indications of liquids dripping. 
Therefore, the monitoring frequency was not changed and is still 
considered BDT.
2. Other New Standards in 40 CFR Part 60, Subpart VVa
    Connector Monitoring. The current NSPS in 40 CFR part 60, subpart 
VV limits VOC emissions from connectors by specifying that if a 
potential leak is found by visual, audible, olfactory, or any other 
detection method, the owner or operator must eliminate the indications 
of the potential leak or monitor the connector to determine whether the 
potential leak is leaking VOC greater than 10,000 ppm. If the potential 
leak is actually a leak, it must be repaired. When the current NSPS 
were promulgated, we concluded that this procedure would reduce 
emissions by correcting major leaks.
    After consideration of current operating practices, we concluded 
that repairing connector leaks as they are discovered is still the 
predominant method for reduction of VOC from connectors. However, 
during our review of the current requirements, we found a

[[Page 64865]]

number of Federal and state regulations that require additional efforts 
to reduce emissions, including regular monitoring and repair. 
Therefore, we evaluated options to achieve further emission reductions 
from connectors. Federal rules in which connector monitoring and repair 
of leaks above 500 ppm is required include the National Emission 
Standards for Organic Hazardous Air Pollutants for Equipment Leaks 
(HON) in 40 CFR part 63, subpart H, the National Emission Standards for 
Equipment Leaks--Control Level 2 Standards (Generic MACT) in 40 CFR 
part 63, subpart UU, the National Emission Standards for Hazardous Air 
Pollutants for Source Categories: Generic Maximum Achievable Control 
Technology Standards (Ethylene NESHAP) in 40 CFR part 63, subpart YY, 
and the CAR. The National Emission Standards for Hazardous Air 
Pollutants: Miscellaneous Organic Chemical Manufacturing (MON) in 40 
CFR part 63, subpart FFFF also includes connector monitoring and repair 
of leaks above 500 ppm for new sources. In addition, the National 
Emission Standards for Hazardous Air Pollutants From Petroleum 
Refineries (Refinery NESHAP) in 40 CFR part 63, subpart CC provides a 
higher maximum value for percent of leaking valves under which an owner 
or operator may use the skip period provisions if connector monitoring 
is included in the LDAR program. Based on this information, we felt 
that additional VOC control could be achieved by requiring connector 
monitoring and repair, but we needed additional information to 
determine whether connector monitoring is BDT. As a result, we 
requested comment on whether we should require periodic monitoring and 
repair of connectors to ensure that any leaks are corrected more 
quickly.
    Upon consideration and review of the public comments, we evaluated 
whether the connector monitoring and repair provisions included in the 
Generic MACT are BDT for 40 CFR part 60, subparts VVa and GGGa. The 
Generic MACT provisions include a leak definition of 500 ppm and a 
monitoring frequency based on the number of connectors found to be 
leaking during the initial monitoring campaign.
    For SOCMI, the estimated emission reductions achieved by connector 
monitoring and repair of leaks above 500 ppm are 230 tons of VOC per 
year at a cost of $2,500/ton. For petroleum refineries, the estimated 
emission reductions are 92 tons of VOC per year at a cost of $20,000/
ton. The cost to achieve these emission reductions is considered to be 
reasonable for SOCMI sources but is not reasonable for petroleum 
refineries. Based on these impacts and consideration of current 
operating practices, we concluded that BDT for connectors at SOCMI 
sources is monitoring using EPA Method 21 or another approved 
alternative method at a frequency based on the number of connectors 
found leaking during initial monitoring and repair of leaks above 500 
ppm. We concluded that BDT for connectors at petroleum refineries is 
equivalent to the current 40 CFR part 60, subpart GGG requirements. 
Therefore, we are promulgating connector monitoring and repair 
standards consistent with this determination for SOCMI sources subject 
to 40 CFR part 60, subpart VVa that will not apply to petroleum 
refinery sources subject to 40 CFR part 60, subpart GGGa.

B. How did EPA develop the new compliance requirements in 40 CFR part 
60, subparts VVa and GGGa?

    The recordkeeping requirements in the final amendments and new 
standards are authorized by section 114 of the CAA. Section 114 of the 
CAA allows EPA to require one-time, periodic, or continuous records for 
the purpose of determining if the owner or operator is in compliance 
with the standard. The recordkeeping requirements in the final 
amendments are the minimum necessary for affected facilities to 
demonstrate compliance and for EPA to enforce the rule. The 
recordkeeping requirements in the new standards include a few 
requirements in addition to the requirements in the final amendments. 
Most of these requirements are associated with new monitoring and 
repair requirements; other additional requirements are minimal and are 
necessary for EPA to enforce the rule. Further rationale for the new 
requirements is available below and in section IV.D of this preamble.
    We have made significant changes to the proposed recordkeeping 
requirements as a result of the changes made to the scope and 
applicability of the standards. Because the final amendments to 40 CFR 
part 60, subparts VV and GGG include only clarifications to existing 
requirements, burden reducing provisions, and new compliance options, 
no changes or additions to the recordkeeping requirements in subpart VV 
or GGG are needed to document and/or enforce these amendments.
    Sources subject to the new standards in 40 CFR part 60, subpart VVa 
are required to keep records of the same information required by 40 CFR 
part 60, subpart VV and certain additional information described below. 
Sources subject to 40 CFR part 60, subpart GGGa must comply with the 
requirements in subpart VVa except for the monitoring requirements 
applicable to connectors (and the associated recordkeeping 
requirements). Facilities subject to 40 CFR part 60, subparts DDD, GGG, 
or KKK are excluded from the requirement to comply with the 
recordkeeping provisions of subpart VVa because these subparts are not 
being amended to reference the new standards in subpart VVa.
    The new recordkeeping provisions in 40 CFR part 60, subpart VVa 
require general identifying information for each monitoring activity 
required by the rule. As explained in the preamble to the proposed 
amendments (71 FR 65308, November 7, 2006), many facilities already 
record this information. This information requirement is consistent 
with other equipment leak standards and is needed by enforcement 
representatives to determine if the facility is complying with the 
standards. Specifically, EPA found that the results of the LDAR review 
demonstrated that the current requirements are not sufficient to verify 
that all monitoring requirements have been performed. For example, EPA 
enforcement initiatives have found missed monitoring (monitoring at an 
inappropriate interval, monitoring late, or not monitoring), 
understated leak rates, leaks not found or repaired, and monitoring 
records indicating that more equipment was monitored than physically 
possible given the time needed to meet EPA Method 21 requirements, 
among other issues. Since we cannot physically inspect every facility 
on the schedule required by the LDAR program, these additional records 
will provide safeguards that the program is being implemented as 
intended.
    Other new recordkeeping requirements include specific information 
that is necessary to demonstrate compliance with the new monitoring 
provisions for connectors and pumps in light liquid service (weekly 
visual inspections for indications of dripping liquids). Records are 
also required to demonstrate compliance with the requirement for a 
calibration drift assessment at the end of each day and comparison of 
the results of the assessment with the most recent calibration results. 
We eliminated the proposed requirement to keep records of information 
on bypass lines because the new subpart does not include the 
requirement to monitor bypass lines. In addition, records of 
information related to the proposed initial monitoring requirement for 
pumps and valves

[[Page 64866]]

added to a process unit are not required because this monitoring 
requirement was revised since proposal, making additional records 
unnecessary.
    We have reviewed the recordkeeping requirements and believe that 
these are the minimum needed to ensure compliance and that the 
requirements do not impose excessive costs. The costs of the 
recordkeeping requirements for 40 CFR part 60, subpart VVa, including 
the time required to enter and store additional information, are 
included in the information collection request (ICR) (see section V.B 
of this preamble).

C. How did EPA develop the final amendments to 40 CFR part 60, subparts 
VV and GGG?

    The amendments to 40 CFR part 60, subpart VV are listed in Table 1 
of this preamble. Most of the technical corrections for 40 CFR part 60, 
subparts VV and GGG were discussed in the preamble to the proposed 
amendments (71 FR 65302, November 7, 2006). Other technical corrections 
and amendments are the result of public comments, and these are 
discussed in detail in the responses to the applicable comments. For 
each amendment that is more significant than an editorial or 
grammatical correction, Table 1 to this preamble includes a reference 
to the rule language and a reference to the location of the detailed 
explanation.

 Table 1.--Summary of Final Amendments to 40 CFR Part 60, Subpart VV and
    Rationale for Clarifications, Additional Compliance Options, and
                          Technical Corrections
------------------------------------------------------------------------
                                  Explanation or
           Citation                location of           Amendment
                                  explanation\1\
------------------------------------------------------------------------
Heading.......................  .................  Revised to clarify
                                                    applicability of
                                                    subpart.
60.480(b).....................  .................  Revised to identify
                                                    applicability to
                                                    affected facilities
                                                    that were
                                                    constructed,
                                                    reconstructed, or
                                                    modified after
                                                    January 5, 1981 and
                                                    on or before
                                                    November 7, 2006.
60.480(d)(2)..................  .................  Clarified that design
                                                    capacity refers to a
                                                    chemical listed in
                                                    40 CFR 60.489.
60.480(d)(2)-(5)..............  .................  Revised reference to
                                                    nonexistent 40 CFR
                                                    60.482 to refer to
                                                    40 CFR 60.482-1
                                                    through 60.482-10.
60.480(e)(1)..................  .................  Renumbered paragraph
                                                    (e)(1) as (e)(1)(i)
                                                    and paragraph (e)(2)
                                                    as (e)(1)(ii);
                                                    changed reference to
                                                    paragraph (e)(2) to
                                                    (e)(1)(ii).
60.480(e)(2)..................  .................  Added paragraph that
                                                    allows owners or
                                                    operators to comply
                                                    with 40 CFR part 60,
                                                    subpart VVa as an
                                                    alternative to 40
                                                    CFR part 60, subpart
                                                    VV.
60.481........................  71 FR 65308,       Corrected editorial
                                 column 3.          errors in definition
                                                    of ``Capital
                                                    expenditures.''
60.481........................  71 FR 65307,       Added new definition
                                 column 2 and       for ``Closed-loop
                                 section 5.4.3 of   system.''
                                 RTC.
60.481........................  71 FR 65307,       Added new definition
                                 column 2 and       for ``Closed-purge
                                 section 5.4.3 of   system.''
                                 RTC.
60.481........................  Section 5.3.2 of   Revised definition of
                                 RTC.               ``Connector.''
60.481........................  Added missing      Revised definition of
                                 word ``the''       ``First attempt at
                                 before the word    repair.''
                                 ``atmosphere''
                                 and removed the
                                 word ``rapid''.
60.481........................  71 FR 65308,       Revised definition of
                                 column 3 and       ``Hard piping.''
                                 updated the
                                 mailing address
                                 for ASME.
60.481........................  Section IV.A.2 of  Revised definition of
                                 this preamble.     ``Process unit.''
60.481........................  Section 5.9.3 of   Revised definition of
                                 RTC.               ``Process unit
                                                    shutdown.''
60.481........................  71 FR 65308,       Revised definition of
                                 column 1.          ``Repaired.''
60.481........................  Section 3.2.1 of   Added new definition
                                 RTC.               for ``Storage
                                                    vessel.''
60.481........................  71 FR 65307,       Added new definition
                                 column 3.          for ``Transfer
                                                    rack.''
60.482-1(e)...................  Section 3.3 of     Added paragraph (e)
                                 RTC.               to address equipment
                                                    in service less than
                                                    300 hours per year.
60.482-1(f)...................  71 FR 65304,       Added paragraph (f)
                                 column 3 and       that allows less
                                 sections 5.6.1     frequent monitoring
                                 and 5.6.2 of RTC.  of pumps and valves
                                                    on batch process
                                                    units that operate
                                                    less than 365 days
                                                    per year.
60.482-1(g)...................  Section IV.A.2 of  Added paragraph that
                                 this preamble.     clarifies inclusion
                                                    of shared tanks in a
                                                    process unit subject
                                                    to this subpart.
60.482-2(a)(1)................  71 FR 65307,       Added clarification
                                 column 1, and      for pumps that begin
                                 section IV.B.1     operation in light
                                 of this preamble.  liquid service after
                                                    the initial startup
                                                    date for the process
                                                    unit.
60.482-2(a)(2)................  .................  Added reference to 40
                                                    CFR 60.482-1(f) as
                                                    an exception to the
                                                    requirement for
                                                    weekly visual
                                                    inspections of pumps
                                                    in light liquid
                                                    service.
60.482-2(b)(2)................  71 FR 65304,       Added monitoring and
                                 column 2, 71 FR    repair requirements
                                 65306, column 1,   if weekly visual
                                 and section        inspection of pumps
                                 5.2.2 of RTC.      in light liquid
                                                    service indicates
                                                    liquids dripping
                                                    from pump seal.
60.482-2(c)(2)................  71 FR 65307,       Added examples of
                                 column 1.          first attempt at
                                                    repair practices for
                                                    pumps in light
                                                    liquid service.
60.482-2(d)...................  .................  Editorial correction
                                                    and clarification to
                                                    address renumbering
                                                    of paragraphs (d)(1)
                                                    through (6).
60.482-2(d)(1)(ii)............  .................  Replaced first word
                                                    ``Equipment'' with
                                                    ``Equipped.''
60.482-2(d)(4)(i).............  .................  Renumbered paragraph
                                                    (d)(4) as (d)(4)(i).
60.482-2(d)(4)(ii)............  71 FR 65304,       Added monitoring and
                                 column 2, 71 FR    repair requirements
                                 65306, column 1,   if weekly visual
                                 and section        inspection of a pump
                                 5.2.2 of RTC.      equipped with dual
                                                    mechanical seals
                                                    indicates liquids
                                                    dripping from pump
                                                    seal.
60.482-2(d)(5)(i).............  .................  Removed ``and'' from
                                                    end of sentence.

[[Page 64867]]

 
60.482-2(d)(5)(iii)...........  .................  Added paragraph to
                                                    specify how a leak
                                                    is detected.
60.482-2(d)(6)................  71 FR 65304,       Revised to clarify
                                 column 2 and 71    procedure and time
                                 FR 65306, column   allowed for repair
                                 1.                 of leaks.
60.482-2(e)...................  .................  Revised to add ``s''
                                                    to the end of ``no
                                                    detectable
                                                    emission.''
60.482-3(a)...................  Section 5.3.5 of   Added reference to
                                 RTC.               exemption in 40 CFR
                                                    60.482-3(j).
60.482-3(j)...................  71 FR 65308,       Editorial
                                 column 3.          clarification of
                                                    section and
                                                    paragraph
                                                    references.
60.482-5(a) and (b)...........  71 FR 65307,       Rearranged paragraphs
                                 column 2 and       within these two
                                 section 5.3.5 of   paragraphs and made
                                 RTC.               editorial
                                                    corrections to
                                                    provide clarity.
60.482-5(b)(2)................  71 FR 65307,       Added provision that
                                 column 2, and      containers part of a
                                 section 5.4.3 of   closed-purge system
                                 RTC.               must be covered or
                                                    closed when not
                                                    being filled or
                                                    emptied.
60.482-5(b)(3)................  Section 5.4.1 of   Added provision that
                                 RTC.               gases remaining in
                                                    the tubing or other
                                                    apparatus once the
                                                    closed-purge system
                                                    valve(s) and sample
                                                    container valve(s)
                                                    are closed are not
                                                    required to be
                                                    collected or
                                                    captured.
60.482-5(b)(4)-(b)(4)(iv)(A)-(  Rearranged         Same as current
 C).                             paragraph          paragraph (b)(4)
                                 numbering and      except for editorial
                                 made a few         clarifications.
                                 editorial
                                 clarifications.
60.482-5(b)(4)(iv)(D).........  Section 5.4.2 of   Added provision for
                                 RTC.               use of a waste
                                                    management unit
                                                    meeting the
                                                    requirements of 40
                                                    CFR 61.348(a).
60.482-5(b)(4)(iv)(E).........  Section 5.4.2 of   Added provision for
                                 RTC.               use of a device used
                                                    to burn off-
                                                    specification used
                                                    fuel oil in
                                                    accordance with 40
                                                    CFR part 279,
                                                    subpart G.
60.482-6(a)(1)................  Section 5.3.5 of   Added reference to
                                 RTC.               exemptions in 40 CFR
                                                    60.482-6(d) and (e).
60.482-7(a)(1)................  Corrected section  Clarified current
                                 designations.      paragraph (a) to
                                                    specify that valves
                                                    must be monitored
                                                    monthly except as
                                                    provided in 40 CFR
                                                    60.482-7(f), (g),
                                                    and (h); 40 CFR
                                                    60.482-1(c) and (e);
                                                    and 40 CFR 60.483-1
                                                    and 2.
60.482-7(a)(2)(i) and (ii)....  71 FR 65307,       Added clarification
                                 column 1, and      for valves that
                                 section IV.B.1     begin operation in
                                 of this preamble.  light liquid service
                                                    after the initial
                                                    startup date for the
                                                    process unit.
60.482-7(c)(1)(i).............  .................  Paragraph (c)(1)
                                                    redesignated as
                                                    paragraph (c)(1)(i).
60.482-7(c)(1)(ii)............  71 FR 65307,       Added paragraph to
                                 column 3 through   allow an owner or
                                 71 FR 65308,       operator to
                                 column 1, and      subdivide valves in
                                 section 5.1.2 of   a process unit.
                                 RTC.
60.482-8(a)(2)................  Section 5.7 of     Added clarification
                                 RTC.               that audio visual
                                                    olfactory
                                                    indications of
                                                    potential leaks
                                                    should be eliminated
                                                    within 5 calendar
                                                    days of detection.
60.482-8(d)...................  71 FR 65307,       Revised to require
                                 column 1.          that first attempt
                                                    at repair of pumps
                                                    and valves in heavy
                                                    liquid service,
                                                    pressure relief
                                                    devices in light
                                                    liquid or heavy
                                                    liquid service, and
                                                    connectors must
                                                    include best
                                                    practices under 40
                                                    CFR 60.482-2(c)(2)
                                                    and 40 CFR 60.482-
                                                    7(e).
60.482-9(a)...................  Section 5.9.3 of   Clarified that for
                                 RTC.               repair that occurs
                                                    during a process
                                                    unit shutdown,
                                                    monitoring to verify
                                                    that repair must
                                                    occur within 15 days
                                                    after startup of the
                                                    process unit.
60.482-9(f)...................  Section 5.9.3 of   Added new paragraph
                                 RTC.               for a leaking pump
                                                    or valve for which a
                                                    delay in repair is
                                                    allowed.
60.483-1(d) and 60.483-2(b)(5)  .................  Added reference to
                                                    new 40 CFR 60.485(h)
                                                    that provides more
                                                    detailed explanation
                                                    for calculating the
                                                    percent of valves
                                                    leaking.
60.483-2(a)(7)................  71 FR 65307,       Added clarification
                                 column 1, and      for valves that
                                 section IV.B.1     begin operation in
                                 of this preamble.  light liquid service
                                                    after the initial
                                                    startup date for the
                                                    process unit.
60.483-2(b)(7)................  .................  Added paragraph to
                                                    specify that a new
                                                    valve must be
                                                    monitored according
                                                    to 40 CFR 60.482-
                                                    7(a)(2)(i) or (ii)
                                                    before the
                                                    provisions of 40 CFR
                                                    60.483-2 can be
                                                    applied to the
                                                    valve.
60.484(a).....................  71 FR 65308,       Editorial correction.
                                 column 3.
60.484(b)(2)..................  .................  Editorial
                                                    clarification.
60.485(b).....................  .................  Revised reference to
                                                    nonexistent 40 CFR
                                                    60.482 to refer to
                                                    40 CFR 60.482-1
                                                    through 40 CFR
                                                    60.482-10.
60.485(e).....................  71 FR 65308......  Clarified that the
                                                    requirements apply
                                                    to a piece of
                                                    equipment.
60.485(e)(1) and (2)..........  Section 6.3 of     Clarified to specify
                                 RTC.               that light liquids
                                                    are organic
                                                    compounds.
60.485(g)(4)..................  Corrected          Corrected equation
                                 exponents in       for the net heating
                                 equation.          value of the gas
                                                    being combusted in a
                                                    flare.
60.485(g)(5)..................  .................  Added ASTM D6420-99
                                                    as an alternative to
                                                    EPA Method 18.
60.485(h).....................  Section 5.1.4 of   Added equation and
                                 RTC.               clarifications for
                                                    calculating percent
                                                    of valves leaking.
60.486(e)(2)(ii)..............  Section 7.4 of     Revised to allow an
                                 RTC.               alternative to
                                                    requiring a
                                                    signature for the
                                                    list of equipment
                                                    with no detectable
                                                    emissions.
60.486(e)(6)..................  Section 3.3 of     Added recordkeeping
                                 RTC.               requirements for
                                                    equipment in VOC
                                                    service less than
                                                    300 hours per year.
60.487(c)(2)(i),                These changes are  Corrected references
 60.487(c)(2)(iii),              related to         to specific sections
 60.487(c)(2)(iv).               rearranging of     and other editorial
                                 paragraphs in      corrections.
                                 60.482-2.
------------------------------------------------------------------------
\1\ RTC refers to Standards of Performance for Equipment Leaks of VOC in
  the Synthetic Organic Chemicals Manufacturing Industry and Standards
  of Performance for Equipment Leaks of VOC in Petroleum Refineries.
  Background Information for Final Standards. Summary of Public Comments
  and Responses. See Docket ID No. EPA-HQ-OAR-2006-0699.


[[Page 64868]]

IV. Summary of Comments and Responses

    We proposed amendments to 40 CFR part 60, subpart VV and 40 CFR 
part 60, subpart GGG on November 7, 2006 (71 FR 65302). We published a 
NODA regarding OEL on July 9, 2007 (72 FR 37157). A total of 28 comment 
letters were received during the comment periods for the two notices. 
In response to these public comments, several changes were made in 
developing these final amendments and new standards. The major comments 
and our responses are summarized in the following sections. A summary 
of the remainder of the comments received during the comment period and 
responses thereto can be found in the docket for the final amendments 
and new standards (EPA-OAR-HQ-2006-0699).

A. Applicability

1. Affected Sources Under the Current NSPS
    Comment: Numerous commenters objected to the proposed application 
of substantive new requirements to affected sources that became subject 
to 40 CFR part 60, subpart VV (or any of the subparts that reference 
subpart VV) on or before November 7, 2006 (hereafter referred to as 
``subpart VV sources''). Proposed provisions that these commenters 
considered to be substantive are: (1) Changes to the definition of 
process unit; (2) annual EPA Method 21 monitoring of OEL; (3) bypass 
monitoring requirements for closed vent systems to control devices; (4) 
calibration drift assessments; (5) initial monitoring requirements for 
pumps and valves; and (6) maintaining records of all monitoring 
results. The commenters argued that applying the new provisions to 
subpart VV sources is unlawful.
    To address the issue of compliance dates, several commenters 
recommended that EPA amend 40 CFR part 60, subpart VV so that it 
applies only to existing sources and develop a new 40 CFR part 60, 
subpart VVa that applies to affected sources that commence 
construction, reconstruction, or modification after November 7, 2006.
    In contrast, two commenters urged EPA to apply the proposed 
requirements to all existing SOCMI and refinery process units, and a 
third commenter recommended applying the proposed leak definitions for 
pumps and valves to all SOCMI and refinery affected sources. All of 
these commenters noted that existing facilities are more likely than 
new sources to have problems with leaks and, thus, should receive extra 
scrutiny.
    Response: In this action, EPA has decided to include any new 
requirements in a new 40 CFR part 60, subpart VVa, consistent with the 
commenter's suggestions. The new standards in subpart VVa include lower 
leak definitions for pumps (2,000 ppm) and valves (500 ppm), monitoring 
of connectors, a calibration drift assessment, and expanded 
recordkeeping requirements. The proposed requirement to monitor bypass 
lines has not been included in the new standards because few facilities 
capture and vent equipment leak emissions to a control device. 
Additionally, most control devices would be subject to other standards. 
The proposed requirement to monitor OEL has not been included in the 
new standards because this requirement has been determined to not be 
cost-effective. The cost-effectiveness for SOCMI was found to be 
$3,800/ton for 25 tons/yr of VOC emission reductions. For petroleum 
refineries, the cost-effectiveness was found to be $14,700/ton for 2.4 
tons/yr of VOC emission reductions. Taking the low emission reductions 
into consideration, the Agency has determined that monitoring OEL is 
not BDT. As discussed in sections IV.B.1 and IV.A.2 of this preamble, 
the initial monitoring requirements for new pumps and valves and the 
changes to the definition of ``process unit'' are not new standards, 
and these changes are retained in the final amendments to 40 CFR part 
60, subpart VV as well as being included in the new subpart VVa.
    Instead of referencing 40 CFR part 60, subpart VVa from 40 CFR part 
60, subpart GGG, we decided to create a new 40 CFR part 60, subpart 
GGGa that applies to new petroleum refining affected sources. This new 
subpart GGGa references all of the new standards in subpart VVa except 
for the monitoring requirements for connectors. Reasons for the 
differences in standards between subparts VVa and GGGa are described 
elsewhere in this preamble.
    Sources subject to 40 CFR part 60, subpart DDD and 40 CFR part 60, 
subpart KKK, and sources subject to the Refinery NESHAP (40 CFR part 
63, subpart CC), but not subject to 40 CFR part 60, subparts VV or GGG, 
are not required to comply with 40 CFR part 60, subpart VVa at this 
time.
    While we understand there is a concern that existing sources are 
more likely to leak, there is no provision in section 111 of the CAA 
that allows us to retroactively apply new standards to sources already 
subject to the NSPS. EPA agrees with the statements made by the 
commenters that relate to the application of new requirements under 
NSPS to existing sources. Section 111 of the CAA does state that NSPS 
will apply only to new, reconstructed, or modified sources after the 
date of proposal. The authority to regulate existing sources under 
section 111(d) of the CAA does not authorize EPA to regulate criteria 
pollutants or precursors to such pollutants. Therefore, we have not 
included any new requirements for existing sources in the final 
amendments to 40 CFR part 60, subpart VV and subpart GGG. These 
requirements will apply only to sources that commence construction, 
reconstruction, or modification after the November 7, 2006 proposal 
date.
2. Definition of Process Unit
    Comment: Numerous commenters expressed concern that the revised 
definition of process unit is inconsistent with EPA's original intent 
when 40 CFR part 60, subpart VV was proposed (i.e., it expands the 
scope), that it complicates compliance, or that it creates additional 
confusion. One commenter stated that under the existing definition, a 
component is part of a process unit based on its function, not whether 
it is classified as a specific type of equipment. The commenter 
indicated that since 1981, sources and their regulators have decided 
what constitutes a process unit based on what equipment serves the 
functions described in the definition, and this process unit may be 
different from process units under other rules.
    After reading the preamble discussion of the proposed change, one 
commenter expressed concern that the proposed definition inadvertently 
includes valves and other equipment on storage tanks. Other commenters 
objected to the inclusion of all feed, intermediate, and product 
storage vessels and transfer operations in the definition because the 
following discussion from the original rulemaking notice for 40 CFR 
part 60, subpart VV (46 FR 1139, January 5, 1981) makes it clear that 
EPA's original intent was to include storage in the process unit only 
if it is within the battery limits of the process:
    ``A process unit is specifically defined as equipment assembled to 
produce one or more of the chemicals listed in proposed appendix E 
which can operate independently if supplied with sufficient feed or raw 
materials and sufficient storage facilities for the final product. A 
process unit includes intermediate storage or surge tanks and all fluid 
transport equipment connecting reaction, separation, and purification 
devices. All equipment within the battery limits is included. However,

[[Page 64869]]

offsite fluid transport and storage facilities are excluded.''
    Several commenters described ways the proposed change could 
complicate compliance. For example, two commenters indicated that it 
would increase the difficulty of tracking equipment, process units, and 
applicable requirements at refineries where the storage and transfer 
areas are consolidated into ``logistical process units'' that support 
numerous process units, particularly when storage tanks are shared by 
multiple process units. One commenter added that it may also either 
restrict the ability of a facility to use its tanks as needed, because 
they will have been forced into an arbitrary association with a given 
unit, or create a useless recordkeeping exercise each time a tank 
switches contents or services a different process. To avoid immediate 
compliance problems for affected sources that are currently subject to 
40 CFR part 60, subpart VV, a commenter requested that existing 
facilities be allowed 180 days after promulgation of the amendments so 
that they will have time to include the additional equipment in the 
applicable LDAR programs. Commenters also noted that the rule should 
clarify how to assign storage vessels and transfer racks that are 
shared by multiple processes; they suggested using language in the HON 
and the Refinery NESHAP as a guide. One commenter stated that EPA 
should clarify that a compressor is still a separate affected facility 
from the group of equipment in a refinery process unit under 40 CFR 
part 60, subpart GGG.
    Response: The first sentence in the definition of ``process unit'' 
in the final amendments and new standards includes the term 
``components'' as in the existing definition rather than ``equipment'' 
as in the proposed amendments. This correction distinguishes major 
process vessels such as reactors and distillation units (i.e., 
``components'') from pieces of equipment, as defined in the rule, that 
are subject to the LDAR standards. In addition, the last sentence of 
the proposed definition has been replaced to reference ``equipment'' as 
it is defined in the applicable subpart. This change should address 
concerns that compressors at petroleum refineries are separate affected 
sources. Otherwise, there are no differences between the proposed and 
final definitions.
    The amended definition of process unit clarifies EPA's original 
intent and is consistent with the language provided by the commenters 
from the January 1981 rulemaking. It is clear from the 1981 rulemaking 
that all equipment that is located within the battery limits is 
included as part of the process unit. Likewise, there is no question 
that any fluid transport and storage facilities located outside of the 
facility property are not included. However, the 1981 language also 
states that a process unit includes storage tanks and all fluid 
transport equipment. There is no specification that these components 
are only included if within the battery limits. There has been 
confusion in the past regarding the inclusion of components outside of 
the battery limits but within the property of the facility. To clarify 
this issue, EPA previously issued formal guidance (see April 6, 1994 
letter from John Rasnic to Raymond Hiley in Docket ID No. EPA-HQ--OAR-
2006-0699).
    We agree that the determination of whether a particular tank is a 
storage tank, feed tank, or intermediate tank and part of a process 
unit must be done on a site-specific basis, dependent on how the tank 
functions within a particular plant site. The physical proximity of the 
storage tank to the other processing equipment within a process unit is 
not a sole determinate in establishing whether a storage tank is part 
of the process or not.
    The final amendments and new standards include provisions for 
assigning a shared storage tank to a specific process unit for the 
purposes of an LDAR program. The owner or operator will need to 
determine what process units the storage tank is associated with. They 
will then determine which process unit, or combination of units subject 
to the same subpart, has the greatest annual quantity of stored 
materials in that tank. The subpart that the process unit (or 
combination of units subject to the same subpart) associated with the 
greatest use of that tank is subject to will be the applicable subpart 
for the tank. The process unit, which is subject to the same subpart as 
the tank, with the greatest annual quantity of stored materials in that 
tank will be the process unit the tank is assigned to. If a tank is 
shared equally between two process units that are subject to 40 CFR 
part 60 standards, the process unit with the most stringent 
requirements will be the unit the tank is assigned to. For example, if 
the predominant use of a storage tank is to service a process unit 
subject to 40 CFR part 60, subpart VV, that storage tank is a part of 
that process unit and subject to subpart VV and the equipment must be 
monitored at a leak definition of 10,000 ppm.
    Comment: Two commenters wondered how the change in the definition 
of ``process unit'' would affect modification and reconstruction 
determinations. One commenter expressed concern that it will make it 
easier for an owner or operator to add new equipment to an existing 
process unit without triggering the threshold that would make the 
process unit a new affected source. The second commenter noted that 
including feed tanks in the definition changes the basis for the 
modification and reconstruction cost test and asked how changes that 
have already occurred should be handled in this determination.
    Response: Since the amended definition is a clarification of our 
original intent with respect to applicability of 40 CFR part 60, 
subpart VV to equipment on storage tanks and lines between storage 
tanks and processing equipment, there will be no impact on modification 
or reconstruction determinations. If a facility believes that they have 
performed a previous modification or reconstruction determination in 
error, they should contact their delegated authority.

B. Standards

1. Initial Monitoring of Pumps and Valves
    Comment: Numerous commenters objected to the proposed 
clarifications for the initial monitoring of pumps and valves that are 
installed after the startup of the process unit. Several commenters 
stated that the proposed provisions are significant new requirements 
and cannot be finalized without demonstrating that they represent BDT 
and giving the public a chance to comment on the supporting analyses. 
Two commenters indicated that they are unaware of any SOCMI facilities 
that routinely monitor new pumps and valves within 1 month of startup, 
and the supporting documentation for the proposal contains no data from 
SOCMI sources. Several commenters requested that EPA allow at least 90 
or 180 days because complying within 1 month would be burdensome, 
particularly for facilities that use third party contracting for 
monitoring; 1 month is not enough time to integrate new equipment into 
the monitoring program; 40 CFR 60.8 of the General Provisions provides 
180 days for performance tests; and EPA has not explicitly stated how 
monitoring within 1 month will reduce emissions. Two commenters noted 
that EPA's justification of the requirement for valves is that it is 
needed to ensure that the valve does not leak until its first quarterly 
or annual monitoring, but no data were presented to show such leakage 
occurs or is a problem. The

[[Page 64870]]

commenters also requested that when establishing the final requirement 
for initial monitoring of pumps and valves, the timeframe be given in 
days, not months.
    In contrast with the above comments, three commenters supported the 
proposed language or more stringent requirements. One of these 
commenters recommended monitoring new pumps within 1 month after 
installation to minimize the time period for potential leaks. A second 
commenter recommended that monitoring be required even sooner after 
installation. This commenter also questioned why a clarification of the 
requirements for pumps was needed because the preamble to the proposed 
amendments did not explain how industry currently handles new pumps and 
why that practice is a problem. This commenter also objected to the 
second sentence in 40 CFR 60.482-7(a)(2) because it means valves added 
to a process would not have to be monitored for 2 consecutive months 
before implementing skip monitoring, which is less stringent than the 
requirements for valves in an entirely new process.
    Response: The language pertaining to the initial monitoring of new 
pumps and valves was added to the final amendments and new standards to 
clarify how new equipment should be handled in the existing monitoring 
schedule, but these are not new requirements. Under the current rule, 
pumps are to be monitored monthly whether they are newly installed or 
installed prior to the process unit becoming an affected source (40 CFR 
60.482-2(a)(1)). It is unclear to us how a facility is complying with 
the requirements for pumps if they are not being monitored monthly. 
Also under the current rule, all new valves are to be monitored monthly 
(i.e., base period) until two consecutive monthly readings are found 
below the applicable leak definition, at which point the valve may be 
monitored quarterly until a subsequent leak is found (40 CFR 60.482-
7(a)). Finding of a subsequent leak reverts the monitoring back to 
monthly until two consecutive monthly readings below the applicable 
leak definition is reestablished. The current rule also has an 
alternative standard for valves at 40 CFR 60.483-2 which allows for 
longer ``skip'' periods based on continued performance. Again, we are 
uncertain that a facility is complying with the requirements for these 
valves if they are not monitoring new valves within the first month of 
operation.
    However, to provide operational flexibility, we have decided to add 
an option for newly installed valves in the final amendments and new 
standards. If a new valve is placed into service during a skip period, 
the source has the option to either monitor the valve on the monthly 
schedule and establish the skip period for that valve, or count the 
valve as a leaker in the percent leaking calculation. If the result of 
the percent leaking calculation remains below 2.0 percent with the new 
valve counted as a leaker, the owner or operator must monitor the new 
valve by the next scheduled skip period or within 90 days, whichever 
comes first. We have stated the timeframe for these requirements in 
days instead of months in the final amendments and new standards (30 
days for pumps and either 30 or 90 days for valves, depending on 
whether the owner or operator is complying with the skip monitoring 
option).
    Comment: Three commenters requested clarification of the 
applicability of the proposed initial monitoring provision. Two 
commenters stated that the term ``placed in service'' clearly implies 
that pumps and valves should follow the initial monitoring schedule 
after they are initially installed. However, the term ``placed in 
service'' also implies that previously installed pumps and valves 
should be monitored after they have been placed back into service after 
maintenance, turnarounds, and repairs. Both commenters recommended 
changes to clarify that only newly installed or rebuilt pumps and 
valves should be monitored following the schedule for initial 
monitoring.
    Response: The initial monitoring requirement is for pumps and 
valves that come into VOC service through a process expansion or 
replacement not associated with a repair (e.g., preventative 
maintenance). These pumps and valves may be newly purchased or they may 
be equipment that was previously in service elsewhere in the process 
unit or facility. A newly purchased, rebuilt, repaired, or 
remanufactured pump or valve installed to repair a leaking pump or 
valve is not subject to the initial monitoring requirements. Instead, 
the pump or valve should be monitored to verify that there is no longer 
a leak (as required in the definition of ``repaired'') and may be 
subsequently monitored according to the schedule that applied to the 
previously leaking pump or valve.
    To further clarify this issue, we have revised 40 CFR 60.482-
2(a)(1), 40 CFR 60.482-7(a)(2), 40 CFR 60.483-2(b)(7), 40 CFR 60.482-
2a(a)(1), 40 CFR 60.482-7a(a)(2), and 40 CFR 60.483-2a(b)(7).
2. Weekly Pump Inspections
    Comment: Numerous commenters addressed the proposed changes to the 
requirements for weekly inspections of pumps. One commenter supported 
the proposed changes, including the changes to 40 CFR 60.482-
2(b)(2)(ii), which states that if a visible liquid leak is found, it 
may be repaired by removing the visible indication of the leak. Based 
on the commenter's experience, a visible leak does not always indicate 
a regulatory leak. Another commenter agreed with the clarification 
allowing facilities to determine if a leak is emitting VOC using EPA 
Method 21 because it will help to focus repairs on pumps leaking 
hydrocarbons.
    Three commenters did not support the proposed changes to the weekly 
inspection requirements. Two of these commenters disagreed with EPA's 
conclusion that the existing requirements are overly burdensome. 
According to one commenter, an operator should be required to make a 
showing of an undue burden; simply stating that an operator may have to 
conduct more inspections and repair more leaks than absolutely 
necessary does not demonstrate an undue burden. Two commenters noted 
that eliminating evidence of liquids dripping does not guarantee that 
the pump is no longer leaking VOC. As a result, these two commenters 
stated that monitoring should be required after eliminating evidence of 
liquids dripping to verify that repair was successful. Even if liquids 
dripping are not process fluid, one commenter noted that the liquid is 
probably either seal barrier fluids or condensate from a pump jacket 
used for temperature control. Regardless of the cause or fluid, one 
commenter noted that any liquid dripping may be a first sign of a 
potential maintenance problem that is best addressed as soon as 
possible as a matter of good operational practice as well as good 
environmental practice.
    Response: The aim of the LDAR program is to find and repair leaks 
of VOC. In some instances, the liquids found dripping from pumps are 
not VOC-containing liquids or otherwise would not meet the leak 
definition. In these cases, the pump would not be required to be 
repaired under the LDAR program. Adding the option to monitor allows 
the owner or operator to determine if the liquids dripping constitute a 
VOC leak, thus focusing their efforts on reducing VOC emissions. If the 
owner or operator chooses not to monitor the pump to determine if the 
liquids dripping are a VOC leak, the liquids dripping from the pump are

[[Page 64871]]

classified as a VOC leak. The leak must be repaired by eliminating 
indications of liquids dripping, and the appropriate recordkeeping and 
reporting requirements for leaks apply to that pump. We agree with the 
commenter that persistent liquids dripping may indicate an operation 
problem that should be addressed by maintenance. If indications of 
liquids dripping are noted for one pump during multiple weekly 
inspections, we encourage facilities to ensure that the pump is 
operating properly. We do not agree that more frequent EPA Method 21 
monitoring is necessary because pumps are currently monitored on a 
monthly basis and the additional monitoring would not result in 
substantial emission reductions.
3. Connectors
    Comment: In response to our request for comments regarding whether 
connector monitoring should be required, three commenters expressed 
support for it, and nine commenters opposed it. Supporters argued that 
significant reductions could be achieved at a reasonable cost. 
Opponents argued that the impacts analysis overstated the emission 
reductions and underestimated the costs. According to two of the 
opponents, EPA did not require connector monitoring in the MON (40 CFR 
part 63, subpart FFFF) because the cost was determined to be 
unreasonable. One commenter indicated that monitoring as proposed is 
not worth the effort because most connectors are adjacent to valves, 
and these connectors are investigated and monitored when valve 
monitoring results in abnormal readings.
    Six commenters objected to some of the assumptions we used to 
estimate equipment leak emissions. Some of these commenters stated that 
our emission reduction estimates were high because we used assumed leak 
frequencies and leak rates from Protocol for Equipment Leak Emission 
Estimates (EPA-453/R-95-017, November 1995) (the Protocol document) 
rather than actual field data. One commenter added that these data 
often predict emissions an order of magnitude higher than the actual 
emissions. Another commenter submitted a report that concluded there is 
no statistical difference in average leak rates between initial and 
subsequent monitoring at HON and MON units. This commenter also 
questioned the assumption that all leaking connectors would be 
successfully repaired after each monitoring cycle. Several commenters 
objected to estimating emissions based on leak rates equal to 170 
percent of actual observed leak rates. One commenter noted that one 
refinery monitored more than 22,000 connectors and found only four 
leaking at greater than 1,000 ppm. Less than 0.5 percent of the 
connectors in process units subject to the HON at another refinery were 
leaking at greater than 500 ppm.
    Four commenters objected to various elements in the cost estimates. 
These commenters noted that more connectors than valves are difficult 
to monitor, and the cost analysis did not include the cost for the 
additional labor and equipment needed to monitor these connectors. One 
commenter stated that the unit cost for monitoring connectors should be 
more than $1.50 per connector because the time required to monitor a 
connector is longer than for other types of equipment. The increased 
monitoring time is the result of several factors: (1) The distance that 
must be traversed per component is greater; (2) connectors often are in 
hard-to-reach locations, requiring the operator to squeeze through 
small spaces, often having to remove the monitor backpack; and (3) 
connectors tend to be spread out and are hard to find. In addition, 
this commenter noted that recordkeeping for connectors is more 
burdensome and complicated than for valves. Connectors are not 
typically shown on process and instrumentation drawings, making them 
difficult to find. The commenter stated that our estimate of 10 hours 
per year to complete administrative tasks and reports associated just 
with monitoring connectors is inadequate. Finally, the commenter noted 
that our cost estimates omit the cost of a data collection system or 
monitoring device rental; the commenter estimated these costs to be 
$14,500 for data collection systems and $135 per day for monitor 
rental. The commenter stated that even if a facility has a data 
collection system, additional licenses are needed to add connectors. 
Another commenter stated that rationale for requiring monitoring at 
SOCMI facilities does not apply to natural gas processing plants; thus, 
this commenter requested that an impact analysis be performed to 
address natural gas processing plants before making that industry 
subject to connector monitoring.
    In contrast with the above comments, three commenters were in favor 
of adding connector monitoring to the rule. One commenter suggested 
that connectors be monitored annually or biennially because they have 
significant leak potential that would go undetected without monitoring. 
Regardless of the uncertainties in the leak rates and emissions 
factors, another commenter stated that connector monitoring should be 
required because emissions reductions can be achieved at a relatively 
low cost. The third commenter supported a requirement to monitor 
connectors at SOCMI sources because it is technically feasible, our 
impacts analysis shows it is economically feasible, and it would 
achieve greater reductions than the proposed amendments for pumps and 
valves. According to this commenter, more accurate emissions data in 
the impacts analysis is unnecessary because emissions inventories based 
on monitoring data typically show emissions that are higher than the 
emissions estimated using engineering calculations and emission 
factors, which would only strengthen the argument for monitoring. This 
commenter also argued that refineries should be required to monitor 
connectors because such monitoring is technically feasible, it is 
already required for some refineries in Texas and California, and our 
impacts analysis showed connectors at refineries were more likely to 
leak than connectors at SOCMI sources.
    Response: Both the HON and MON regulations are based on emissions 
of hazardous air pollutants (HAP). NSPS are based on VOC emissions 
(both HAP and non-HAP). When calculating the cost-effectiveness for 
NSPS, there are more possible emission points and a higher percentage 
of regulated pollutants in the emissions because the analysis is not 
based only on HAP emissions. This results in a different conclusion for 
cost-effectiveness than in the HON or MON.
    The commenter's claim that we used the leak frequencies and leak 
rates in the Protocol document for the SOCMI analysis is incorrect. We 
used the same initial leak frequency (0.36 percent) as in the MON 
analysis. We also started with the same initial leak rate (0.000186 
kilogram (kg)/hour (hr)/connector), but we then escalated it in the 
same manner that leak rates for pumps and valves were escalated. The 
leak frequencies and leak rates in the MON analysis were based on 
industry-supplied data for almost 165,000 connectors. We decided not to 
use the leak rate data in the report supplied by one of the commenters 
because it contains a smaller data set (29,000 connectors), and it is 
possible that these data are also included in the larger data set. 
However, our assumption that the subsequent leak frequency is the same 
as the initial leak frequency is consistent with the conclusion in the 
report cited by the commenter.
    The new standards in 40 CFR part 60, subpart VVa include connector 
monitoring because we have determined

[[Page 64872]]

that it is cost-effective at SOCMI sources. The specific monitoring 
provisions are the same as in the Generic MACT. However, we have 
determined that connector monitoring is not cost-effective for 
petroleum refineries. Therefore, an exemption from the provisions for 
connector monitoring has been included in 40 CFR part 60, subpart GGGa. 
At this time, we are not reviewing 40 CFR part 60, subpart KKK; 
therefore, no cost analysis has been performed on connector monitoring 
for these sources, and natural gas processing plants subject to 40 CFR 
part 60, subpart KKK are not subject to the connector monitoring 
requirements in subpart VVa.
    After reviewing the comments, we revised the impacts analyses to 
include two of the suggested changes to the cost estimates. First, we 
corrected an error, which increased the estimated time for reporting 
and administrative activities related to connectors from 10 hr/year 
(yr) to 50 hr/yr. Second, although we are not aware that monitoring 
contractors charge a higher fee for connectors than for other 
equipment, we accept the commenter's suggested fee of $2.50/connector 
because the $1.50/connector that we used in the original analysis may 
be closer to the low end of the range than the average. We disagree 
with the other changes suggested by the commenters. Details of the 
revised impacts analysis, including rationale for not making the 
suggested changes, are provided in the docket (Docket ID No. EPA-HQ-
OAR-2006-0699).

C. Test Methods and Procedures

    Comment: Two commenters supported the requirement to conduct 
calibration drift assessments and remonitor when the assessment shows a 
negative drift of more than 10 percent. Other commenters acknowledged 
that a drift check is a good practice or a useful quality assurance/
quality control (QA/QC) tool, and one commenter agreed with EPA's 
rationale for requiring drift checks.
    On the other hand, four commenters opposed the drift check 
requirement, saying it is unnecessary and provides no environmental 
benefit. One of these commenters added that monitoring instruments such 
as the Foxboro TVA 1000 FID/PID or Foxboro TVA 1000B are quite stable 
over a 24-hour period, and EPA has not presented data or an analysis 
showing the need for calibration assessments. A second commenter noted 
that instruments typically drift in a positive direction. A third 
commenter argued that a drift check and re-monitoring is a futile 
effort to make the equipment leak monitoring method more accurate than 
was originally intended and than the instruments can achieve because of 
the following: (1) The Foxboro TVA 1000B instrument accuracy is only 
25 percent for readings between 1 and 10,000 parts per 
million by volume (ppmv); (2) a response factor as high as 10 is 
allowed for compounds of interest; (3) the 10 percent drift limit is 
inconsistent with the level of the instrument's accuracy allowed by EPA 
Method 21; and (4) leaking equipment does not emit a constant 
concentration. In addition, this commenter noted that drift checks 
conducted to satisfy consent decrees have shown only about 10 percent 
of instruments drift more than 10 percent every 2 to 3 weeks, and the 
release of calibration gases would be considered a negative 
environmental impact.
    Response: We are removing the requirement for a post-test 
calibration drift assessment from the final amendments but retaining 
the requirement for the new subparts. Post-test calibration drift 
assessments constitute good practice and are a useful QA/QC tool to 
validate the proper operation of the monitor during the monitoring 
period and, hence, the measurement data. The requirement for a 
calibration drift assessment is not an effort to make the method more 
accurate than was originally intended, but is intended as an additional 
quality assurance check.
    Comment: Numerous commenters considered the proposed re-monitoring 
requirement to be excessive. Instead of re-monitoring when instrument 
readings are greater than 20 percent of the applicable leak definition, 
two commenters suggested changing the threshold to 75 or 80 percent. 
Another commenter suggested using a percentage equal to 100 minus the 
percent of negative drift. If re-monitoring is required when negative 
drift occurs, two commenters stated that an owner or operator should 
also have the option of re-monitoring when positive drift occurs and 
reclassifying leakers as nonleakers. One of these commenters also 
suggested four additional changes: (1) Because monitoring shifts may 
vary, require the assessment at the end of each day rather than the end 
of each monitoring shift; (2) allow an unlimited number of calibration 
drift assessments per day; (3) determine drift relative to the most 
recent calibration value rather than the initial value for the day; and 
(4) specify that a drift assessment is not required after re-
monitoring.
    Response: We agree with the suggestion to establish the retest 
criterion at the percentage equal to 100 minus the percent of negative 
drift and are modifying the requirement accordingly. We also agree with 
the commenter's suggestion that an owner or operator should have the 
option of re-monitoring when positive drift occurs and reclassifying 
leakers as non-leakers when the re-monitoring after recalibration due 
to positive drift indicates the previously identified leak is below the 
leak definition concentration. We agree that monitoring shifts may 
vary, and the new standards require the assessment at the end of each 
day rather than the end of each monitoring shift. The new standards 
allow an unlimited number of calibration drift assessments per day, and 
we have clarified that the drift assessment is determined relative to 
the most recent calibration value rather than the initial value for the 
day. We do not agree that a drift assessment is not required after 
remonitoring and have not made this change to the new standards.

D. Recordkeeping and Reporting

    Comment: One commenter supported the proposed requirement to keep 
records of all monitoring results because more and better data can only 
help facility owners and operators efficiently and effectively address 
the problem of fugitive emissions. Another commenter stated that 
records of weekly pump inspections are needed to make the inspection 
requirement enforceable. On the other hand, many commenters either 
opposed or urged us to reconsider the need for one or more of the 
following proposed recordkeeping requirements: (1) Results of all 
monitoring events; (2) time of each monitoring event; (3) information 
related to the proposed initial monitoring requirement for pumps and 
valves added to a process unit; (4) results of the proposed monitoring 
of OEL; (5) information related to the proposed requirement to monitor 
bypass lines; (6) results of calibration drift checks; and (7) results 
of weekly pump inspections.
    Several commenters stated that the additional recordkeeping would 
be burdensome and either would not improve the rule's effectiveness or 
is excessive relative to any minimal improvement in performance. In 
addition, one commenter stated that the proposal preamble did not 
adequately explain how we estimated the cost of the additional 
recordkeeping and reporting for SOCMI sources to be $369,000/yr, and 
another stated that the proposal preamble did not explain why the 
current monitoring requirements are not sufficient to verify that 
monitoring was performed. According to one commenter, recording the 
time of

[[Page 64873]]

monitoring has hindered many programs and reduced productivity, and the 
additional records will generate an administrative backlog of data and 
create issues with storage and accessibility. Although this commenter 
agreed that the proposed records can be useful in verifying quality 
control of the LDAR program, the commenter asserted that a more cost-
effective way to achieve quality control is to physically monitor the 
program. Furthermore, this commenter stated that by requiring the 
records, we are specifying the means by which a facility must implement 
the LDAR program rather than outlining the performance standard. 
Another commenter expressed concern that the additional recordkeeping 
exposes facilities to the potential of incurring deviations for records 
that serve no purpose.
    Response: As stated in section III.B of this preamble, the 
recordkeeping requirements in the final amendments and new standards 
are authorized by section 114 of the CAA. We have made significant 
changes to the proposed recordkeeping requirements as a result of the 
changes made to the scope and applicability of the standards. Because 
the final amendments to 40 CFR part 60, subparts VV and GGG include 
only clarifications to existing requirements, burden reducing 
provisions, and new compliance options, no changes or additions to the 
recordkeeping requirements in subpart VV or GGG are needed to document 
and/or enforce these amendments. The recordkeeping requirements apply 
to the new standards (40 CFR part 60, subparts VVa and GGGa), as 
proposed, with a few exceptions. First, we removed the requirement to 
record the time of each monitoring event because the total number of 
pieces of equipment that are monitored each day should be sufficient 
for evaluating the ability of an operator to properly perform EPA 
Method 21. Second, records of information on bypass lines are not 
required because the new subpart does not include the requirement to 
monitor bypass lines. Third, because sources subject to subpart GGGa 
are not required to comply with the monitoring requirements applicable 
to connectors, the associated recordkeeping requirements do not apply 
to those sources. CAA section 114 specifically provides that we may 
have access to and copy any records and inspect any monitoring 
equipment and compliance method.

E. Burden Estimates

    Comment: According to one commenter, the burden impact analyses of 
the proposed new recordkeeping and reporting requirements as presented 
in the preamble and docket do not comply with the ICR requirements of 
the Paperwork Reduction Act (PRA). The proposed new requirements of 
concern to the commenter are the requirements to keep records of 
information for all monitoring events, the time of each monitoring 
event, the time a new pump or valve is placed in service and results of 
new monitoring requirements for such pumps and valves, results from the 
new monitoring requirement for OEL, results of the new calibration 
drift checks, and results of weekly pump inspections. Another commenter 
also stated that the ICR requirements in the PRA were not met for 
recordkeeping and reporting associated with the proposed initial 
monitoring requirement for valves. A third commenter expressed a 
general concern that the proposed recordkeeping requirements may not 
meet the administrative requirements for proposing new NSPS.
    One commenter noted several specific deficiencies and concerns with 
the burden impact analyses. First, it is not clear if all of the 
proposed new requirements are addressed in the ICR for sources subject 
to NSPS 40 CFR part 60, subpart GGG because the ICR does not discuss 
the incremental effects of the new requirements. Second, the ICR for 
SOCMI sources appears to address impacts only for those sources that 
elect to comply with the CAR option, not those that would comply 
directly with 40 CFR part 60, subpart VV. Third, no ICR analyses were 
provided for sources that are subject to other rules that reference 
subpart VV (i.e., NSPS subparts DDD and KKK of 40 CFR part 60, and the 
Refinery NESHAP). Fourth, the available analyses appear to address 
burden impacts only for sources that become subject to subparts VV and 
GGG in the future, but the proposed new requirements also would apply 
to sources that are currently subject to subpart VV or any of the rules 
that reference it. Fifth, even if some facilities voluntarily collect 
some of the records of concern, a requirement making their collection 
mandatory is still subject to the PRA, Regulatory Flexibility Act, and 
Executive Order 12866. Sixth, the commenter noted that the claim in the 
preamble that records of all monitoring events would be ``useful'' is 
not a legal basis for imposing the recordkeeping requirement. Seventh, 
if the total burden for all of the sources exceeds $100 million per 
year, additional review is triggered under other laws and Executive 
Order 12866. Based on the lack of analyses, the commenter stated that 
proposed recordkeeping and reporting requirements cannot be imposed on 
any sources, except perhaps new sources subject to subpart GGG, without 
additional proposal notice and opportunity for public comment.
    Response: We disagree with the conclusions drawn by the commenters 
regarding the availability of the ICR. Document number EPA-HQ-OAR-2006-
0699-0038 is the ICR associated with the CAR and all subparts that 
reference the CAR. This supporting statement displays the burden for 
sources that opt to comply with the CAR and for sources that opt to 
comply with their own referenced subpart, including 40 CFR part 60, 
subpart VV. For reference, pages 2-3, 6-7, 12-16, 33, 53, 77, and 112 
all provide information specific to 40 CFR part 60, subpart VV.
    For the final amendments and new standards, we have made 
adjustments to the supporting statements for all subparts involved. The 
burden associated with the amended 40 CFR part 60, subpart VV and the 
new 40 CFR part 60, subpart VVa is included in the supporting statement 
for the CAR and all other referenced subparts. The burden associated 
with the amended 40 CFR part 60, subpart GGG and the new 40 CFR part 
60, subpart GGGa is included in the supporting statement that 
originally just supplied information for subpart GGG.
    Because this particular rulemaking did not evaluate sources subject 
to 40 CFR part 60, subparts DDD and KKK or the Refinery NESHAP, we have 
not included any changes to the associated ICR for these subparts.

V. Summary of Cost, Environmental, Energy, and Economic Impacts

    In setting standards, the CAA requires us to consider alternative 
emission control approaches, taking into account the estimated costs 
and benefits, as well as the energy, solid waste, and other effects. We 
are presenting estimates of the impacts for the 500 ppm leak definition 
for valves and the 2,000 ppm leak definition for pumps in 40 CFR part 
60, subparts VVa and GGGa and connector monitoring in subpart VVa. The 
final amendments are clarifications to the existing subpart VV and 
subpart GGG to 40 CFR part 60; they have no associated emission 
reduction impacts. The cost, environmental, and economic impacts of the 
new standards are expressed as incremental differences between the 
impacts of SOCMI and petroleum refining process units complying with 
the new subparts and the current NSPS requirements (i.e., baseline). 
The impacts are presented for SOCMI and petroleum refining process

[[Page 64874]]

units constructed, reconstructed, or modified over the next 5 years. 
The analyses and the supporting documentation referenced below can be 
found in Docket ID No. EPA-HQ-OAR-2006-0699.
    EPA estimates that there are no significant energy or secondary 
environmental impacts as a result of the new standards. The new 
standards are changes to work practice requirements and do not require 
changes to equipment or control devices. Therefore, use of fuel or 
electricity is not expected to increase significantly as a result of 
the new standards. Likewise, the new standards do not require physical 
changes that have the potential to increase wastewater or solid waste 
from SOCMI or petroleum refinery process units.

A. What are the impacts for SOCMI process units?

    The methodology used to estimate impacts for the lower leak 
definitions for pumps and valves in the new 40 CFR part 60, subpart VVa 
is essentially the same as the methodology described in section VI.A of 
the preamble for the proposed amendments (71 FR 65311, November 7, 
2006). There are, however, a few changes in the assumptions. We 
adjusted the estimates of baseline emissions and monitoring frequencies 
for new, modified, and reconstructed process units not subject to the 
HON, the MON, or the Ethylene NESHAP to better reflect baseline 
conditions.
    In addition, we added emission reduction and cost impacts for the 
monitoring of connectors. The analysis completed for the proposed 
amendments to 40 CFR part 60, subpart VV was documented in a technical 
memorandum (EPA-HQ-OAR-2006-0699-0035). Based on the leak frequencies 
obtained from Revised MACT Floor, Regulatory Alternatives, and 
Nationwide Impacts for Equipment Leaks at Chemical Manufacturing 
Facilities (EPA-HQ-OAR-2003-0121-0004) at a leak definition of 500 ppm, 
we estimated that connectors would be monitored once every 4 years. 
SOCMI process units subject to the HON are already required to monitor 
connectors, so the baseline impacts for process units subject to these 
standards were equivalent to the impacts of the new standards. The 
methodology did not change for the analysis of the impacts for 
connectors subject to the new subpart VVa of 40 CFR part 60.
    Based on the assumptions described above, we estimate that the new 
standards will reduce emissions of VOC about 325 tons/yr from the 
baseline. The estimated increase in annual cost, including annualized 
initial costs, is about $821,000. The cost-effectiveness is about 
$1,700 per ton of VOC removed. The estimated nationwide 5-year 
incremental emissions reductions and cost impacts for each of the new 
standards are summarized in Table 2 of this preamble.

            Table 2.--National Emission Reductions and Cost Impacts for SOCMI Units Subject to Standards Under Subpart VVa of 40 CFR Part 60
                                                                [5th Year After Proposal]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Annual
                                                             emission      Total initial    Annualized       Recovery      Total annual        Cost-
                       Requirement                          reductions,   cost, $million       cost,        credit,\1\         cost,      effectiveness,
                                                              tons/yr                      $thousand/yr    $thousand/yr    $thousand/yr        $/ton
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lower leak definition for valves and pumps..............              94            0.15              41              77             -36            -380
Monitor connectors......................................             230            3.1              780             190             590           2,500
                                                         -----------------
    Total...............................................             325            3.25             821             270             554           1,700
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Value of recovered product is $818/ton.

B. What are the impacts for petroleum refining process units?

    The methodology used to estimate impacts for the new 40 CFR part 
60, subpart GGGa is essentially the same as the methodology described 
in section VI.B of the preamble for the proposed amendments (71 FR 
65311). There are, however, a few changes in the assumptions. For 
example, we originally assumed that the leak definitions in the 
Refinery NESHAP for valves and pumps on new sources since July 14, 
1994, are equivalent to the leak definitions in 40 CFR part 60, 
subparts VVa and GGGa. However, the leak definitions in subparts VVa 
and GGGa are, in fact, more stringent than the Refinery NESHAP 
(proposed amendments at 72 FR 50716, September 4, 2007, did not include 
any changes to the equipment leak standards). Therefore, process units 
subject to both standards will comply with the leak definitions in 
subpart GGGa, so we revised the analysis of the impacts for the 
promulgated amendments to include the impacts for sources subject to 
both the Refinery NESHAP and subpart GGGa. We also adjusted the 
estimates of baseline emissions and monitoring frequencies for process 
units not subject to a consent decree. The revised impacts analysis is 
described in detail in Docket ID No. EPA-HQ-OAR-2006-0699.
    We estimate that the new standards will reduce emissions of VOC 
about 13 tons/yr from the baseline. The estimated increase in annual 
cost, including annualized initial costs, is about $26,000. The cost-
effectiveness is about $1,600 per ton of VOC removed. The estimated 
nationwide 5-year incremental emissions reductions and cost impacts for 
the new standards are summarized in Table 3 of this preamble.

[[Page 64875]]



     Table 3.--National Emission Reductions and Cost Impacts for Petroleum Refinery Units Subject to Standards Under Subpart GGGa of 40 CFR Part 60
                                                                [5th Year After Proposal]
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                              Annual
                                                             emission      Total initial   Total annual      Recovery      Total annual        Cost-
                       Requirement                          reductions,        cost,           cost,        credit,\1\         cost,      effectiveness,
                                                              tons/yr        $thousand     $thousand/yr    $thousand/yr    $thousand/yr        $/ton
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lower leak definition for valves and pumps..............              13              24              26               7              19          1,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Value of recovered product is $545/ton.

C. What are the economic impacts?

    An economic impact analysis was performed to compare the control 
costs associated with producing a product at petroleum refineries and 
various types of SOCMI facilities to the average value of shipments 
from such facilities. Since we are unable to associate projected 
control costs with specific facilities, we examined two polar cases for 
each industry, (1) a worst-case and (2) a best-case scenario. For the 
SOCMI, the polar cases are: (1) No more than eight complex process 
units located at a single facility and (2) no more than one process 
unit per facility. For petroleum refineries, the polar cases are: (1) 
All of the affected process units associated with one facility in the 
industry and (2) no more than one affected process unit at any given 
facility. In all cases, the magnitude of the costs is quite small. The 
only scenario for which the control costs reach 0.3 percent of the 
facility value of shipments is if an average ethyl alcohol 
manufacturing facility (in terms of value of shipments) experienced the 
worst case scenario of 8 complex processing units requiring control. 
Therefore, while the distribution of costs to small entities is 
unknown, no significant impact is expected for facilities of any size. 
The impact of the regulation on prices and profitability depends on the 
extent that the costs of control are passed on in the form of higher 
prices or absorbed by the facility. Because the costs are so small, any 
price increases or loss of profit would be quite small. No significant 
impact is expected as a result of the final amendments or the new 
standards of performance for equipment leaks of VOC for the petroleum 
refining industry and SOCMI.

VI. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is a ``significant regulatory action'' because it may raise 
novel legal or policy issues. Accordingly, EPA submitted this action to 
the Office of Management and Budget (OMB) for review under Executive 
Order 12866, and any changes made in response to OMB recommendations 
have been documented in the docket for this action.

B. Paperwork Reduction Act

    The final amendments to the standards of performance for SOCMI and 
petroleum refineries (40 CFR part 60, subparts VV and GGG) do not 
impose any new information collection burden. The final amendments to 
these existing rules contain only clarifications, burden reducing 
provisions, and new compliance options. OMB has previously approved the 
information collection requirements contained in the existing 
regulations under the provisions of the Paperwork Reduction Act, 44 
U.S.C. 3501, et seq., and has assigned OMB control number 2060-0443, 
EPA ICR number 1854.04, to the ICR for subpart VV and OMB control 
number 2060-0067, EPA ICR number 0983.08, to the ICR for subpart GGG. A 
copy of the OMB-approved ICR may be obtained from Susan Auby, 
Collection Strategies Division, Environmental Protection Agency 
(2822T), 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by 
calling (202) 566-1672.
    The information collection requirements in these new final 
standards (40 CFR part 60, subparts VVa and GGGa) have been submitted 
for approval to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501, 
et seq. The information collection requirements are not enforceable 
until OMB approves them.
    The information to be collected for the new standards are based on 
recordkeeping and reporting requirements in the NSPS General Provisions 
in 40 CFR part 60, subpart A, which are mandatory for all operators 
subject to NSPS. These recordkeeping and reporting requirements are 
specifically authorized by section 114 of the CAA (42 U.S.C. 7414). All 
information submitted to EPA pursuant to the recordkeeping and 
reporting requirements for which a claim of confidentiality is made is 
safeguarded according to EPA policies set forth in 40 CFR part 2, 
subpart B.
    Facilities subject to 40 CFR part 60, subpart VVa are required to 
comply with the same monitoring, recordkeeping, and reporting 
requirements for equipment leaks as required by 40 CFR part 60, subpart 
VV, along with certain additional requirements. The new recordkeeping 
provisions in subpart VVa require general identifying information for 
each monitoring activity required by the rule and specific information 
needed to demonstrate compliance with the new monitoring provisions for 
connectors and pumps in light liquid service (weekly visual inspections 
for indications of dripping liquids). Records are also required to 
demonstrate compliance with the QA/QC requirement for a calibration 
drift assessment at the end of each day and comparison of the results 
of the assessment with the most recent calibration value. A new, 
reconstructed, or modified affected facility subject to 40 CFR part 60, 
subpart VVa or GGGa must submit a notification of compliance status 
report and include information about leaking connectors in semi-annual 
compliance reports. Affected facilities subject to subpart GGGa are 
required to comply with the monitoring, recordkeeping, and reporting 
requirements in subpart VVa except for the monitoring requirements 
applicable to connectors (and the associated recordkeeping/reporting 
requirements).
    The annual average burden for the information collection 
requirements in 40 CFR part 60, subpart VVa is estimated at 7,194 
labor-hours per year, with a total annual cost of $527,104 per year. 
The hour burden is based on an estimated 29 hours per response on a 
semi-annual basis by 76 respondents. Total capital/startup costs 
associated with the monitoring equipment over the 3-year period of the 
ICR are estimated at $4,200. The operation of the monitors is included 
in the monitoring costs, and maintenance costs on these units are 
incidental; therefore, no maintenance or operation costs are incurred.

[[Page 64876]]

    The annual average burden for the information collection 
requirements in 40 CFR part 60, subpart GGGa is estimated at 4,216 
labor-hours per year, with a total annual cost of $330,353 per year. 
The hour burden is based on an estimated 70 hours per response on a 
semi-annual basis by 20 respondents. No capital/startup costs or 
operation and maintenance costs are associated with the information 
collection requirements.
    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 in 40 CFR are listed in 40 CFR part 9. When this ICR is 
approved by OMB, the Agency will publish a technical amendment for the 
approved information collection requirements contained in the new 
standards.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to prepare a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements under the Administrative 
Procedures Act or any other statute unless the agency certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities. Small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the final amendments and 
new standards on small entities, small entity is defined as: (1) A 
small business according to Small Business Administration size 
standards by the North American Industry Classification System (NAICS) 
category of the owning entity; (2) a small governmental jurisdiction 
that is a government of a city, county, town, school district or 
special district with a population of less than 50,000; and (3) a small 
organization that is any not-for-profit enterprise that is 
independently owned and operated and is not dominant in its field. For 
the SOCMI, a small business ranges from less than 500 employees to less 
than 1,000 employees, depending on the NAICS code. For petroleum 
refiners, a small business has no more than 1,500 employees and a crude 
oil distillation capacity of no more than 125,000 barrels per calendar 
day.
    After considering the economic impacts of these final amendments on 
small entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. We have 
determined that no facilities subject to the final amendments to the 
standards of performance for the SOCMI (40 CFR part 60, subpart VV) and 
petroleum refineries (40 CFR part 60, subpart GGG), including small 
businesses, will incur any adverse impacts because the final amendments 
do not create any new requirements or burdens. The final amendments 
include only clarifications, burden-reducing provisions, and new 
compliance options. We have determined that no facilities, large or 
small, subject to the new standards of performance for the SOCMI (40 
CFR part 60, subpart VVa) or petroleum refineries (40 CFR part 60, 
subpart GGGa) will incur any economic impact greater than 0.3 percent 
of their revenues. For more information on the results of the analysis 
of small entity impacts, please refer to the economic impact analysis 
for the final amendments and new standards in Docket ID No. EPA-HQ-OAR-
2006-0699.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, 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 by 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.
    EPA has determined that this final action does 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. As discussed earlier in this preamble, no 
costs are associated with the final amendments, which contain only 
clarifications, burden-reducing provisions, and new compliance options. 
For the new standards, the estimated annual expenditures for the 
private sector in the fifth year after proposal are $821,000 for SOCMI 
and $26,000 for petroleum refineries. Thus, the final amendments and 
the new standards are not subject to the requirements of sections 202 
and 205 of the UMRA.
    In addition, EPA has determined that the final action contains no 
regulatory requirements that might significantly or uniquely affect 
small governments. The final action contains no requirements that apply 
to such governments, imposes no obligations upon them, and will not 
result in expenditures by them of $100 million or more in any 1 year or 
any disproportionate impacts on them. Therefore, the final action is 
not subject to the requirements of section 203 of the UMRA.

E. 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

[[Page 64877]]

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.''
    The final action does not have federalism implications. The final 
amendments and the new standards 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. None of the affected facilities are owned or 
operated by State governments. Thus, Executive Order 13132 does not 
apply to this final action.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000), 
requires EPA to develop an accountable process to ensure ``meaningful 
and timely input by tribal officials in the development of regulatory 
policies that have tribal implications.'' The final action does not 
have tribal implications, as specified in Executive Order 13175. The 
final amendments and the new standards will not have substantial direct 
effects on tribal governments, on the relationship between the Federal 
government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal government and Indian tribes, as 
specified in Executive Order 13175. Thus, Executive Order 13175 does 
not apply to this final action.

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

    Executive Order 13045, entitled ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997), applies to any rule that: (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 Agency 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.
    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 influence the regulation. This final action is not 
subject to Executive Order 13045 because the final amendments and the 
new standards are based on technology performance and not on health or 
safety risks.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This final action is not a ``significant energy action'' as defined 
in Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001), because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Further, 
we have concluded that this final action is not likely to have any 
adverse energy effects. The final action will not have any significant 
or adverse energy impacts because no additional pollution controls or 
other equipment that consume energy are required by the final 
amendments or new standards.

I. National Technology Transfer and Advancement Act

    As noted in the proposal, section 12(d) of the National Technology 
Transfer and Advancement Act (NTTAA) of 1995 (Public Law No. 104-113, 
12(d) (15 U.S.C. 272 note), directs EPA to use voluntary consensus 
standards (VCS) in its regulatory activities, unless to do so would be 
inconsistent with applicable law or otherwise impractical. VCS are 
technical standards (e.g., materials specifications, test methods, 
sampling procedures, and business practices) that are developed or 
adopted by VCS bodies. The NTTAA directs EPA to provide Congress, 
through OMB, explanations when the Agency decides not to use available 
and applicable VCS.
    This rulemaking involves technical standards. The EPA cites the 
following methods: EPA Method 2, 2A, 2C, 2D, 18, 21, and 22 of 40 CFR 
part 60, appendix A.
    In addition, the EPA cites the following ASTM methods that are also 
VCS: ASTM E260-73, E260-91, E260-96 (reapproved 2006), E168-67, E168-
77, E168-92, E169-63, E169-77, and E169-93 when determining if a piece 
of equipment is in VOC service; ASTM D2879-83, D2879-96, and D2879-97 
(reapproved 2007) when determining if a piece of equipment is in light 
liquid service, and ASTM D2504-67, D2504-77, D2504-88 (reapproved 
1993), D2382-76, D2382-88, and D4809-95 when determining the maximum 
permitted velocity for air-assisted flares; ASTM E260-73, E260-91, 
E260-96, E168-67, E168-77, E168-92, E169-63, E169-77, and E169-93 when 
determining if a piece of equipment is in hydrogen service; and ASTM 
D86-78, D86-82, D86-90, D86-95, and D86-96 when determining if a piece 
of equipment is in light liquid service. These VCS will be incorporated 
by reference into Sec.  60.17.
    Consistent with the NTTAA, EPA conducted searches to identify VCS 
in addition to these EPA methods. No applicable VCS were identified for 
EPA Methods 2A, 2D, 21, and 22. The search and review results are in 
the docket for this rule.
    The search identified one VCS as an acceptable alternative to an 
EPA Method. The standard ASTM D6420-99 (2004), ``Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography/Mass Spectrometry,'' is cited in this rule as an 
alternative to EPA Method 18 for measuring gaseous organic HAP.
    Similar to EPA's performance-based Method 18, ASTM D6420-99 is also 
a performance-based method for measurement of gaseous organic 
compounds. However, ASTM D6420-99 was written to support the specific 
use of highly portable and automated gas chromatography (GC)/mass 
spectrometry (MS). While offering advantages over the traditional EPA 
Method 18, the ASTM method does allow some less stringent criteria for 
accepting GC/MS results than required by EPA Method 18. Therefore, ASTM 
D6420-99 is a suitable alternative to EPA Method 18 only where:
    (1) The target compound(s) are those listed in Section 1.1 of ASTM 
D6420-99, and
    (2) The target concentration is between 150 parts per billion by 
volume and 100 ppmv.
    For target compound(s) not listed in Section 1.1 of ASTM D6420-99, 
but potentially detected by mass spectrometry, the regulation specifies 
that the additional system continuing calibration check after each run, 
as detailed in Section 10.5.3 of the ASTM method, must be followed, 
met, documented, and submitted with the data report even if there is no 
moisture condenser used or the compound is not considered water 
soluble. For target

[[Page 64878]]

compound(s) not listed in Section 1.1 of ASTM D6420-99, and not 
amenable to detection by mass spectrometry, ASTM D6420-99 does not 
apply.
    As a result, EPA will cite ASTM D6420-99 in this rule. The EPA will 
also cite EPA Method 18 as a GC option in addition to ASTM D6420-99. 
This will allow the continued use of GC configurations other than GC/
MS.
    The search for emissions measurement procedures identified four 
other VCS. The EPA determined that these four standards identified for 
measuring emissions of the HAP or surrogates subject to emission 
standards in this rule were impractical alternatives to EPA test 
methods for the purposes of this rule. Therefore, EPA does not intend 
to adopt these standards for this purpose. The reasons for the 
determinations for the four methods are discussed in the docket to this 
rule.
    A source may apply to EPA for permission to use alternative test 
methods or alternative monitoring requirements in place of any required 
testing methods, performance specifications, or procedures. Potential 
standards are reviewed to determine if they meet the requirements of 
EPA Method 301 for accepting alternative methods or scientific, 
engineering, and policy equivalence to procedures in EPA reference 
methods.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
    EPA has determined that this final action will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations. The final amendments to 
the standards of performance for SOCMI (40 CFR part 60, subpart VV) and 
petroleum refineries (40 CFR part 60, subpart GGG) are comprised of 
clarifications, burden-reducing provisions, and new compliance options 
that do not affect the current level of control at facilities subject 
these rules. The new standards of performance for SOCMI (40 CFR part 
60, subpart VVa) and petroleum refineries (40 CFR part 60, subpart 
GGGa) will increase the level of environmental protection for all 
affected populations without having any disproportionately high and 
adverse human health or environmental effects on any population, 
including any minority or low-income population. The new subparts will 
increase the stringency of the standards of performance by reducing the 
leak definitions for certain pumps and valves, and subpart VVa will 
increase the stringency further by requiring the monitoring of certain 
connectors.

K. Congressional Review Act

    The Congressional Review Act, 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 Congress and to the Comptroller General 
of the United States. EPA will submit a report containing this final 
action and other required information to the United States Senate, the 
United States House of Representatives, and the Comptroller General of 
the United States prior to publication of the final action in the 
Federal Register. A major rule cannot take effect until 60 days after 
it is published in the Federal Register. This action is not a ``major 
rule'' as defined by 5 U.S.C. 804(2). This final rule is effective on 
November 16, 2007.

List of Subjects

40 CFR Part 60

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

40 CFR Part 63

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Incorporation by reference, Intergovernmental 
relations.

    Dated: October 31, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons cited in the preamble, title 40, chapter I, parts 60 
and 63 of the Code of Federal Regulations are amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--[Amended]

0
2. Section 60.17 is amended by revising paragraphs (a)(7), (35), (36), 
(41), (70), (88), (89), and (90) to read as follows:


Sec.  60.17  Incorporations by reference.

* * * * *
    (a) * * *
    (7) ASTM D86-78, 82, 90, 93, 95, 96, Distillation of Petroleum 
Products, IBR approved for Sec. Sec.  60.562-2(d), 60.593(d), 
60.593a(d), and 60.633(h).
* * * * *
    (35) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by 
Bomb Calorimeter (High-Precision Method), IBR approved for Sec. Sec.  
60.18(f)(3), 60.485(g)(6), 60.485a(g)(6), 60.564(f)(3), 60.614(e)(4), 
60.664(e)(4), and 60.704(d)(4).
    (36) ASTM D2504-67, 77, 88 (Reapproved 1993), Noncondensable Gases 
in C3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR 
approved for Sec. Sec.  60.485(g)(5) and 60.485a(g)(5).
* * * * *
    (41) ASTM D2879-83, 96, 97, Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of 
Liquids by Isoteniscope, IBR approved for Sec. Sec.  60.111b(f)(3), 
60.116b(e)(3)(ii), 60.116b(f)(2)(i), 60.485(e)(1), and 60.485a(e)(1).
* * * * *
    (70) ASTM D4809-95, Standard Test Method for Heat of Combustion of 
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR 
approved for Sec. Sec.  60.18(f)(3), 60.485(g)(6), 60.485a(g)(6), 
60.564(f)(3), 60.614(d)(4), 60.664(e)(4), and 60.704(d)(4).
* * * * *
    (88) ASTM E168-67, 77, 92, General Techniques of Infrared 
Quantitative Analysis, IBR approved for Sec. Sec.  60.485a(d)(1), 
60.593(b)(2), 60.593a(b)(2), and 60.632(f).
    (89) ASTM E169-63, 77, 93, General Techniques of Ultraviolet 
Quantitative Analysis, IBR approved for Sec. Sec.  60.485a(d)(1), 
60.593(b)(2), 60.593a(b)(2), and 60.632(f).
    (90) ASTM E260-73, 91, 96, General Gas Chromatography Procedures, 
IBR approved for Sec. Sec.  60.485a(d)(1), 60.593(b)(2), 60.593a(b)(2), 
and 60.632(f).
* * * * *

[[Page 64879]]

Subpart VV--Standards of Performance for Equipment Leaks of VOC in 
the Synthetic Organic Chemicals Manufacturing Industry for which 
Construction, Reconstruction, or Modification Commenced After 
January 5, 1981, and on or Before November 7, 2006

0
3. The heading for Subpart VV is revised as set out above.
0
4. Section 60.480 is amended by revising paragraphs (b), (d)(2) through 
(d)(5), and (e) to read as follows:


Sec.  60.480  Applicability and designation of affected facility.

* * * * *
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after January 
5, 1981, and on or before November 7, 2006, shall be subject to the 
requirements of this subpart.
* * * * *
    (d) * * *
    (2) Any affected facility that has the design capacity to produce 
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec.  
60.489 is exempt from Sec. Sec.  60.482-1 through 60.482-10.
    (3) If an affected facility produces heavy liquid chemicals only 
from heavy liquid feed or raw materials, then it is exempt from 
Sec. Sec.  60.482-1 through 60.482-10.
    (4) Any affected facility that produces beverage alcohol is exempt 
from Sec. Sec.  60.482-1 through 60.482-10.
    (5) Any affected facility that has no equipment in volatile organic 
compounds (VOC) service is exempt from Sec. Sec.  60.482-1 through 
60.482-10.
    (e) Alternative means of compliance-- (1) Option to comply with 
part 65. (i) Owners or operators may choose to comply with the 
provisions of 40 CFR part 65, subpart F, to satisfy the requirements of 
Sec. Sec.  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.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart F must also comply with Sec. Sec.  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)(1)(ii) do not apply to owners 
and 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.
    (2) Subpart VVa. Owners or operators may choose to comply with the 
provisions of subpart VVa of this part 60 to satisfy the requirements 
of this subpart VV for an affected facility.

0
5. Section 60.481 is amended by:
0
a. In the definition of ``Capital expenditure'' remove the table 
heading in paragraph (a)(3) and add in its place the heading ``Table 
for Determining Applicable Value for B'';
0
b. Revising the definitions for the terms ``Connector,'' ``First 
attempt at repair,'' ``Hard piping,'' ``Process unit,'' ``Process unit 
shutdown,'' and ``Repaired''; and
0
c. Adding, in alphabetical order, new definitions for the terms 
``Closed-loop system,'' ``Closed-purge system,'' ``Storage vessel,'' 
and ``Transfer rack'' to read as follows:


Sec.  60.481  Definitions.

* * * * *
    Closed-loop system means an enclosed system that returns process 
fluid to the process.
    Closed-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers for purged 
liquids must be covered or closed when not being filled or emptied.
* * * * *
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of process equipment 
or that close an opening in a pipe that could be connected to another 
pipe. Joined fittings welded completely around the circumference of the 
interface are not considered connectors for the purpose of this 
subpart.
* * * * *
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere 
using best practices.
* * * * *
    Hard-piping means pipe or tubing that is manufactured and properly 
installed using good engineering judgment and standards such as ASME 
B31.3, Process Piping (available from the American Society of 
Mechanical Engineers, PO Box 2300, Fairfield, NJ 07007-2300).
* * * * *
    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to produce, as intermediate or 
final products, one or more of the chemicals listed in Sec.  60.489. A 
process unit can operate independently if supplied with sufficient feed 
or raw materials and sufficient storage facilities for the product. For 
the purpose of this subpart, process unit includes any feed, 
intermediate and final product storage vessels (except as specified in 
Sec.  60.482-1(g)), product transfer racks, and connected ducts and 
piping. A process unit includes all equipment as defined in this 
subpart.
    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 accomplished. The 
following are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that 
stops production from a process unit or part of a process unit for less 
than 24 hours.
    (2) An unscheduled work practice or operational procedure that 
would stop production from a process unit or part of a process unit for 
a shorter period of time than would be required to clear the process 
unit or part of the process unit of materials and start up the unit, 
and would result in greater emissions than delay of repair of leaking 
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing 
of equipment without stopping production.
* * * * *
    Repaired means that equipment is adjusted, or otherwise altered, in 
order to eliminate a leak as defined in the applicable sections of this 
subpart and, except for leaks identified in accordance with Sec. Sec.  
60.482-2(b)(2)(ii) and (d)(6)(ii) and (iii), 60.482-3(f), and 60.482-
10(f)(1)(ii), is re-monitored as specified in Sec.  60.485(b) to verify 
that emissions from the equipment are below the applicable leak 
definition.
* * * * *
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that are used in the process as raw material 
feedstocks, produced as intermediates or final products, or generated 
as wastes. Storage vessel does not include vessels permanently attached 
to motor vehicles, such as trucks, railcars, barges, or ships.
* * * * *
    Transfer rack means the collection of loading arms and loading 
hoses, at a

[[Page 64880]]

single loading rack, that are used to fill tank trucks and/or railcars 
with organic liquids.
* * * * *

0
6. Section 60.482-1 is amended by adding paragraphs (e), (f), and (g) 
to read as follows:


Sec.  60.482-1  Standards: General.

* * * * *
    (e) Equipment that an owner or operator designates as being in VOC 
service less than 300 hours (hr)/yr is excluded from the requirements 
of Sec. Sec.  60.482-2 through 60.482-10 if it is identified as 
required in Sec.  60.486(e)(6) and it meets any of the conditions 
specified in paragraphs (e)(1) through (3) of this section.
    (1) The equipment is in VOC service only during startup and 
shutdown, excluding startup and shutdown between batches of the same 
campaign for a batch process.
    (2) The equipment is in VOC service only during process 
malfunctions or other emergencies.
    (3) The equipment is backup equipment that is in VOC service only 
when the primary equipment is out of service.
    (f)(1) If a dedicated batch process unit operates less than 365 
days during a year, an owner or operator may monitor to detect leaks 
from pumps and valves at the frequency specified in the following table 
instead of monitoring as specified in Sec. Sec.  60.482-2, 60.482-7, 
and 60.483-2:

----------------------------------------------------------------------------------------------------------------
                                                      Equivalent monitoring frequency time in use
   Operating time (percent of hours   --------------------------------------------------------------------------
             during year)                      Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25.............................  Quarterly..............  Annually...............  Annually.
25 to <50............................  Quarterly..............  Semiannually...........  Annually.
50 to <75............................  Bimonthly..............  Three quarters.........  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------

    (2) Pumps and valves that are shared among two or more batch 
process units that are subject to this subpart may be monitored at the 
frequencies specified in paragraph (f)(1) of this section, provided the 
operating time of all such process units is considered.
    (3) The monitoring frequencies specified in paragraph (f)(1) 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 at any time during the specified monitoring period 
(e.g., month, quarter, year), provided the monitoring is conducted at a 
reasonable interval after completion of the last monitoring campaign. 
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv) 
of this section.
    (i) When monitoring is conducted quarterly, monitoring events must 
be separated by at least 30 calendar days.
    (ii) When monitoring is conducted semiannually (i.e., once every 2 
quarters), monitoring events must be separated by at least 60 calendar 
days.
    (iii) When monitoring is conducted in 3 quarters per year, 
monitoring events must be separated by at least 90 calendar days.
    (iv) When monitoring is conducted annually, monitoring events must 
be separated by at least 120 calendar days.
    (g) If the storage vessel is shared with multiple process units, 
the process unit with the greatest annual amount of stored materials 
(predominant use) is the process unit the storage vessel is assigned 
to. If the storage vessel is shared equally among process units, and 
one of the process units has equipment subject to subpart VVa of this 
part, the storage vessel is assigned to that process unit. If the 
storage vessel is shared equally among process units, none of which 
have equipment subject to subpart VVa of this part, the storage vessel 
is assigned to any process unit subject to this subpart. If the 
predominant use of the storage vessel varies from year to year, then 
the owner or operator must estimate the predominant use initially and 
reassess every 3 years. The owner or operator must keep records of the 
information and supporting calculations that show how predominant use 
is determined. All equipment on the storage vessel must be monitored 
when in VOC service.

0
7. Section 60.482-2 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph(b)(2);
0
c. Revising paragraph (c)(2);
0
d. Revising paragraphs (d) introductory text, (d)(1)(ii), (d)(4), 
(d)(5), and (d)(6); and
0
e. Revising paragraph (e) introductory text to read as follows:


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

    (a)(1) Each pump in light liquid service shall be monitored monthly 
to detect leaks by the methods specified in Sec.  60.485(b), except as 
provided in Sec.  60.482-1(c) and (f) and paragraphs (d), (e), and (f) 
of this section. A pump that begins operation in light liquid service 
after the initial startup date for the process unit must be monitored 
for the first time within 30 days after the end of its startup period, 
except for a pump that replaces a leaking pump and except as provided 
in Sec.  60.482-1(c) and (f) and paragraphs (d), (e), and (f) of this 
section.
    (2) Each pump in light liquid service shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal, except as provided in Sec.  60.482-1(f).
    (b) * * *
    (2) If there are indications of liquids dripping from the pump 
seal, the owner or operator shall follow the procedure specified in 
either paragraph (b)(2)(i) or (ii) of this section. This requirement 
does not apply to a pump that was monitored after a previous weekly 
inspection if the instrument reading for that monitoring event was less 
than 10,000 ppm and the pump was not repaired since that monitoring 
event.
    (i) Monitor the pump within 5 days as specified in Sec.  60.485(b). 
If an instrument reading of 10,000 ppm or greater is measured, a leak 
is detected. The leak shall be repaired using the procedures in 
paragraph (c) of this section.
    (ii) Designate the visual indications of liquids dripping as a 
leak, and repair the leak within 15 days of detection by eliminating 
the visual indications of liquids dripping.
    (c) * * *
    (2) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected. First attempts at repair 
include, but are not limited to, the practices described in paragraphs 
(c)(2)(i) and (ii) of this section, where practicable.
    (i) Tightening the packing gland nuts;
    (ii) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the requirements specified in 
paragraphs (d)(1) through (6) of this section are met.

[[Page 64881]]

    (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.  
60.482-10; or
* * * * *
    (4)(i) Each pump is checked by visual inspection, each calendar 
week, for indications of liquids dripping from the pump seals.
    (ii) If there are indications of liquids dripping from the pump 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in either paragraph (d)(4)(ii)(A) or (B) 
of this section.
    (A) Monitor the pump within 5 days as specified in Sec.  60.485(b) 
to determine if there is a leak of VOC in the barrier fluid. If an 
instrument reading of 10,000 ppm or greater is measured, a leak is 
detected.
    (B) Designate the visual indications of liquids dripping as a leak.
    (5)(i) Each sensor as described in paragraph (d)(3) of this section 
is checked daily or is equipped with an audible alarm.
    (ii) The owner or operator determines, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (iii) If the sensor indicates failure of the seal system, the 
barrier fluid system, or both, based on the criterion established in 
paragraph (d)(5)(ii) of this section, a leak is detected.
    (6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A) 
of this section, it shall be repaired as specified in paragraph (c) of 
this section.
    (ii) A leak detected pursuant to paragraph (d)(5)(iii) of this 
section shall be repaired within 15 days of detection by eliminating 
the conditions that activated the sensor.
    (iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this 
section shall be repaired within 15 days of detection by eliminating 
visual indications of liquids dripping.
    (e) Any pump that is designated, as described in Sec.  60.486(e)(1) 
and (2), for no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background, is exempt from the 
requirements of paragraphs (a), (c), and (d) of this section if the 
pump:
* * * * *

0
8. Section 60.482-3 is amended by revising paragraphs (a) and (j) to 
read as follows:


Sec.  60.482-3  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of VOC to the 
atmosphere, except as provided in Sec.  60.482-1(c) and paragraphs (h), 
(i), and (j) of this section.
* * * * *
    (j) Any existing reciprocating compressor in a process unit which 
becomes an affected facility under provisions of Sec.  60.14 or Sec.  
60.15 is exempt from paragraphs (a) through (e) and (h) of this 
section, provided the owner or operator demonstrates that recasting the 
distance piece or replacing the compressor are the only options 
available to bring the compressor into compliance with the provisions 
of paragraphs (a) through (e) and (h) of this section.

0
9. Section 60.482-5 is amended by revising paragraphs (a) and (b) to 
read as follows:


Sec.  60.482-5  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a 
closed-purge, closed-loop, or closed-vent system, except as provided in 
Sec.  60.482-1(c) and paragraph (c) of this section.
    (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) Gases displaced during filling of the sample container are not 
required to be collected or captured.
    (2) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (3) Gases remaining in the tubing or piping between the closed-
purge system valve(s) and sample container valve(s) after the valves 
are closed and the sample container is disconnected are not required to 
be collected or captured.
    (4) Each closed-purge, closed-loop, or closed-vent system shall be 
designed and operated to meet requirements in either paragraph 
(b)(4)(i), (ii), (iii), or (iv) of this section.
    (i) Return the purged process fluid directly to the process line.
    (ii) Collect and recycle the purged process fluid to a process.
    (iii) Capture and transport all the purged process fluid to a 
control device that complies with the requirements of Sec.  60.482-10.
    (iv) Collect, store, and transport the purged process fluid to any 
of the following systems or facilities:
    (A) A waste management unit as defined in Sec.  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;
    (B) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 262, 264, 265, or 266;
    (C) 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;
    (D) A waste management unit subject to and operated in compliance 
with the treatment requirements of Sec.  61.348(a), provided all waste 
management units that collect, store, or transport the purged process 
fluid to the treatment unit are subject to and operated in compliance 
with the management requirements of Sec. Sec.  61.343 through 61.347; 
or
    (E) A device used to burn off-specification used oil for energy 
recovery in accordance with 40 CFR part 279, subpart G, provided the 
purged process fluid is not hazardous waste as defined in 40 CFR part 
261.
* * * * *

0
10. Section 60.482-6 is amended by revising paragraph (a)(1) to read as 
follows:


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

    (a)(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.  
60.482-1(c) and paragraphs (d) and (e) of this section.
* * * * *

0
11. Section 60.482-7 is amended by revising paragraphs (a) and (c)(1) 
to read as follows:


Sec.  60.482-7  Standards: Valves in gas/vapor service and in light 
liquid service.

    (a)(1) Each valve shall be monitored monthly to detect leaks by the 
methods specified in Sec.  60.485(b) and shall comply with paragraphs 
(b) through (e) of this section, except as provided in paragraphs (f), 
(g), and (h) of this section, Sec.  60.482-1(c) and (f), and Sec. Sec.  
60.483-1 and 60.483-2.
    (2) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for the process unit must 
be monitored according to paragraphs (a)(2)(i) or (ii), except for a 
valve that replaces a leaking valve and except as provided in 
paragraphs (f), (g), and (h) of this section, Sec.  60.482-1(c), and 
Sec. Sec.  60.483-1 and 60.483-2.
    (i) Monitor the valve as in paragraph (a)(1) of this section. The 
valve must be

[[Page 64882]]

monitored for the first time within 30 days after the end of its 
startup period to ensure proper installation.
    (ii) If the valves on the process unit are monitored in accordance 
with Sec.  60.483-1 or Sec.  60.483-2, count the new valve as leaking 
when calculating the percentage of valves leaking as described in Sec.  
60.483-2(b)(5). If less than 2.0 percent of the valves are leaking for 
that process unit, the valve must be monitored for the first time 
during the next scheduled monitoring event for existing valves in the 
process unit or within 90 days, whichever comes first.
* * * * *
    (c)(1)(i) Any valve for which a leak is not detected for 2 
successive months may be monitored the first month of every quarter, 
beginning with the next quarter, until a leak is detected.
    (ii) As an alternative to monitoring all of the valves in the first 
month of a quarter, an owner or operator may elect to subdivide the 
process unit into 2 or 3 subgroups of valves and monitor each subgroup 
in a different month during the quarter, provided each subgroup is 
monitored every 3 months. The owner or operator must keep records of 
the valves assigned to each subgroup.
* * * * *

0
12. Section 60.482-8 is amended by revising paragraphs (a)(2) and (d) 
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) * * *
    (2) The owner or operator shall eliminate the visual, audible, 
olfactory, or other indication of a potential leak within 5 calendar 
days of detection.
* * * * *
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. Sec.  60.482-2(c)(2) and 60.482-
7(e).

0
13. Section 60.482-9 is amended by revising paragraph (a) and adding 
paragraph (f) 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. Monitoring to verify 
repair must occur within 15 days after startup of the process unit.
* * * * *
    (f) When delay of repair is allowed for a leaking pump or valve 
that remains in service, the pump or valve may be considered to be 
repaired and no longer subject to delay of repair requirements if two 
consecutive monthly monitoring instrument readings are below the leak 
definition.

0
14. Section 60.483-1 is amended by revising paragraph (d) to read as 
follows:


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

* * * * *
    (d) Owners and operators who elect to comply with this alternative 
standard shall not have an affected facility with a leak percentage 
greater than 2.0 percent, determined as described in Sec.  60.485(h).

0
15. Section 60.483-2 is amended by revising paragraph (b)(5) and adding 
paragraph (b)(7) to read as follows:


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

* * * * *
    (b) * * *
    (5) The percent of valves leaking shall be determined as described 
in Sec.  60.485(h).
* * * * *
    (7) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for a process unit 
following one of the alternative standards in this section must be 
monitored in accordance with Sec.  60.482-7(a)(2)(i) or (ii) before the 
provisions of this section can be applied to that valve.

0
16. Section 60.484 is amended by:
0
a. Removing the word ``equivalance'' and adding in its place the word 
``equivalence'' in paragraph (a); and
0
b. Revising paragraph (b)(2) to read as follows:


Sec.  60.484  Equivalence of means of emission limitation.

* * * * *
    (b) * * *
    (2) The Administrator will compare test data for demonstrating 
equivalence of the means of emission limitation to test data for the 
equipment, design, and operational requirements.
* * * * *

0
17. Section 60.485 is amended by:
0
a. Revising paragraph (b) introductory text;
0
b. Revising paragraphs (e) introductory text, (e)(1) and (e)(2);
0
c. Revising paragraphs (g)(4) and (5); and
0
d. Adding paragraph (h) to read as follows:


Sec.  60.485  Test methods and procedures.

* * * * *
    (b) The owner or operator shall determine compliance with the 
standards in Sec. Sec.  60.482-1 through 60.482-10, 60.483, and 60.484 
as follows:
* * * * *
    (e) The owner or operator shall demonstrate that a piece of 
equipment is in light liquid service by showing that all the following 
conditions apply:
    (1) The vapor pressure of one or more of the organic components is 
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68 
[deg]F). Standard reference texts or ASTM D2879-83, 96, or 97 
(incorporated by reference--see Sec.  60.17) shall be used to determine 
the vapor pressures.
    (2) The total concentration of the pure organic components having a 
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in. 
H2O at 68 [deg]F) is equal to or greater than 20 percent by 
weight.
* * * * *
    (g) * * *
    (4) The net heating value (HT) of the gas being 
combusted in a flare shall be computed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR16NO07.039

Where:

K = Conversion constant, 1.740 x 10-\7\ (g-mole)(MJ)/
(ppm-scm-kcal) (metric units) = 4.674 x 10-\6\ [(g-
mole)(Btu)/(ppm-scf-kcal)] (English units)
Ci = Concentration of sample component ``i,'' ppm
Hi = Net heat of combustion of sample component ``i'' at 
25 [deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole

    (5) Method 18 or ASTM D6420-99 (2004) (where the target compound(s) 
are those listed in Section 1.1 of ASTM D6420-99, and the target 
concentration is between 150 parts per billion by volume and 100 parts 
per million by volume) and ASTM D2504-67, 77 or 88 (Reapproved 1993) 
(incorporated by reference--see Sec.  60.17) shall be used to determine 
the concentration of sample component ``i.''
* * * * *
    (h) The owner or operator shall determine compliance with Sec.  
60.483-1 or Sec.  60.483-2 as follows:
    (1) The percent of valves leaking shall be determined using the 
following equation:

    %VL = (VL/VT) * 100
Where:

%VL = Percent leaking valves
VL = Number of valves found leaking
VT = The sum of the total number of valves monitored

    (2) The total number of valves monitored shall include difficult-
to-monitor and unsafe-to-monitor valves

[[Page 64883]]

only during the monitoring period in which those valves are monitored.
    (3) The number of valves leaking shall include valves for which 
repair has been delayed.
    (4) Any new valve that is not monitored within 30 days of being 
placed in service shall be included in the number of valves leaking and 
the total number of valves monitored for the monitoring period in which 
the valve is placed in service.
    (5) If the process unit has been subdivided in accordance with 
Sec.  60.482-7(c)(1)(ii), the sum of valves found leaking during a 
monitoring period includes all subgroups.
    (6) The total number of valves monitored does not include a valve 
monitored to verify repair.

0
18. Section 60.486 is amended by revising paragraph (e)(2)(ii) and 
adding paragraph (e)(6) to read as follows:


Sec.  60.486  Recordkeeping requirements.

* * * * *
    (e) * * *
    (2) * * *
    (ii) The designation of equipment as subject to the requirements of 
Sec.  60.482-2(e), Sec.  60.482-3(i), or Sec.  60.482-7(f) shall be 
signed by the owner or operator. Alternatively, the owner or operator 
may establish a mechanism with their permitting authority that 
satisfies this requirement.
* * * * *
    (6) A list of identification numbers for equipment that the owner 
or operator designates as operating in VOC service less than 300 hr/yr 
in accordance with Sec.  60.482-1(e), a description of the conditions 
under which the equipment is in VOC service, and rationale supporting 
the designation that it is in VOC service less than 300 hr/yr.
* * * * *

0
19. Section 60.487 is amended by:
0
a. Revising paragraphs (c)(2)(i), (c)(2)(iii), and (c)(2)(iv) to read 
as follows:


Sec.  60.487  Reporting requirements.

* * * * *
    (c) * * *
    (2) * * *
    (i) Number of valves for which leaks were detected as described in 
Sec.  60.482-7(b) or Sec.  60.483-2,
* * * * *
    (iii) Number of pumps for which leaks were detected as described in 
Sec.  60.482-2(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii),
    (iv) Number of pumps for which leaks were not repaired as required 
in Sec.  60.482-2(c)(1) and (d)(6),
* * * * *

0
20. Part 60 is amended by adding subpart VVa to read as follows:

Subpart VVa--Standards of Performance for Equipment Leaks of VOC in 
the Synthetic Organic Chemicals Manufacturing Industry for Which 
Construction, Reconstruction, or Modification Commenced After 
November 7, 2006

Sec.
60.480a Applicability and designation of affected facility.
60.481a Definitions.
60.482-1a Standards: General.
60.482-2a Standards: Pumps in light liquid service.
60.482-3a Standards: Compressors.
60.482-4a Standards: Pressure relief devices in gas/vapor service.
60.482-5a Standards: Sampling connection systems.
60.482-6a Standards: Open-ended valves or lines.
60.482-7a Standards: Valves in gas/vapor service and in light liquid 
service.
60.482-8a Standards: Pumps, valves, and connectors in heavy liquid 
service and pressure relief devices in light liquid or heavy liquid 
service.
60.482-9a Standards: Delay of repair.
60.482-10a Standards: Closed vent systems and control devices.
60.482-11a Standards: Connectors in gas/vapor service and in light 
liquid service.
60.483-1a Alternative standards for valves--allowable percentage of 
valves leaking.
60.483-2a Alternative standards for valves--skip period leak 
detection and repair.
60.484a Equivalence of means of emission limitation.
60.485a Test methods and procedures.
60.486a Recordkeeping requirements.
60.487a Reporting requirements.
60.488a Reconstruction.
60.489a List of chemicals produced by affected facilities.


Sec.  60.480a  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in the synthetic organic chemicals manufacturing industry.
    (2) The group of all equipment (defined in Sec.  60.481a) within a 
process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after November 
7, 2006, shall be subject to the requirements of this subpart.
    (c) Addition or replacement of equipment for the purpose of process 
improvement which is accomplished without a capital expenditure shall 
not by itself be considered a modification under this subpart.
    (d)(1) If an owner or operator applies for one or more of the 
exemptions in this paragraph, then the owner or operator shall maintain 
records as required in Sec.  60.486a(i).
    (2) Any affected facility that has the design capacity to produce 
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec.  
60.489 is exempt from Sec. Sec.  60.482-1a through 60.482-11a.
    (3) If an affected facility produces heavy liquid chemicals only 
from heavy liquid feed or raw materials, then it is exempt from 
Sec. Sec.  60.482-1a through 60.482-11a.
    (4) Any affected facility that produces beverage alcohol is exempt 
from Sec. Sec.  60.482-1a through 60.482-11a.
    (5) Any affected facility that has no equipment in volatile organic 
compounds (VOC) service is exempt from Sec. Sec.  60.482-1a through 
60.482-11a.
    (e) Alternative means of compliance--(1) Option to comply with part 
65. (i) Owners or operators may choose to comply with the provisions of 
40 CFR part 65, subpart F, to satisfy the requirements of Sec. Sec.  
60.482-1a through 60.487a for an affected facility. When choosing to 
comply with 40 CFR part 65, subpart F, the requirements of Sec. Sec.  
60.485a(d), (e), and (f), and 60.486a(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.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart F must also comply with Sec. Sec.  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)(1)(ii) 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.
    (2) Part 63, subpart H. (i) Owners or operators may choose to 
comply with the provisions of 40 CFR part 63, subpart H, to satisfy the 
requirements of Sec. Sec.  60.482-1a through 60.487a for an affected 
facility. When choosing to comply with 40 CFR part 63, subpart H, the 
requirements of Sec.  60.485a(d), (e), and (f), and Sec.  60.486a(i) 
and (j) still apply.
    (ii) Part 60, subpart A. Owners or operators who choose to comply 
with 40 CFR part 63, subpart H must also comply with Sec. Sec.  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)(ii) do not apply to owners 
or operators of equipment subject to this

[[Page 64884]]

subpart complying with 40 CFR part 63, subpart H, except that 
provisions required to be met prior to implementing 40 CFR part 63 
still apply. Owners and operators who choose to comply with 40 CFR part 
63, subpart H, must comply with 40 CFR part 63, subpart A.


Sec.  60.481a  Definitions.

    As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Clean Air Act (CAA) or in subpart A of 
part 60, and the following terms shall have the specific meanings given 
them.
    Capital expenditure means, in addition to the definition in 40 CFR 
60.2, an expenditure for a physical or operational change to an 
existing facility that:
    (a) Exceeds P, the product of the facility's replacement cost, R, 
and an adjusted annual asset guideline repair allowance, A, as 
reflected by the following equation: P = R x A, where:
    (1) The adjusted annual asset guideline repair allowance, A, is the 
product of the percent of the replacement cost, Y, and the applicable 
basic annual asset guideline repair allowance, B, divided by 100 as 
reflected by the following equation:
    A = Y x (B / 100);
    (2) The percent Y is determined from the following equation: Y = 
1.0 - 0.575 log X, where X is 2006 minus the year of construction; and
    (3) The applicable basic annual asset guideline repair allowance, 
B, is selected from the following table consistent with the applicable 
subpart:

              Table for Determining Applicable Value for B
------------------------------------------------------------------------
                                                           Value of B to
             Subpart applicable to facility                 be used in
                                                             equation
------------------------------------------------------------------------
VVa.....................................................            12.5
GGGa....................................................             7.0
------------------------------------------------------------------------

    Closed-loop system means an enclosed system that returns process 
fluid to the process.
    Closed-purge system means a system or combination of systems and 
portable containers to capture purged liquids. Containers for purged 
liquids must be covered or closed when not being filled or emptied.
    Closed vent system means a system that is not open to the 
atmosphere and 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.
    Connector means flanged, screwed, or other joined fittings used to 
connect two pipe lines or a pipe line and a piece of process equipment 
or that close an opening in a pipe that could be connected to another 
pipe. Joined fittings welded completely around the circumference of the 
interface are not considered connectors for the purpose of this 
regulation.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare.
    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.
    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, and flange 
or other connector in VOC service and any devices or systems required 
by this subpart.
    First attempt at repair means to take action for the purpose of 
stopping or reducing leakage of organic material to the atmosphere 
using best practices.
    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 judgment and standards such as ASME 
B31.3, Process Piping (available from the American Society of 
Mechanical Engineers, P.O. Box 2300, Fairfield, NJ 07007-2300).
    In gas/vapor service means that the piece of equipment contains 
process fluid that is in the gaseous state at operating conditions.
    In heavy liquid service means that the piece of equipment is not in 
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains 
a liquid that meets the conditions specified in Sec.  60.485a(e).
    In-situ sampling systems means nonextractive samplers or in-line 
samplers.
    In vacuum service means that equipment is operating at an internal 
pressure which is at least 5 kilopascals (kPa) (0.7 psia) below ambient 
pressure.
    In VOC service means that the piece of equipment contains or 
contacts a process fluid that is at least 10 percent VOC by weight. 
(The provisions of Sec.  60.485a(d) specify how to determine that a 
piece of equipment is not in VOC service.)
    Initial calibration value means the concentration measured during 
the initial calibration at the beginning of each day required in Sec.  
60.485a(b)(1), or the most recent calibration if the instrument is 
recalibrated during the day (i.e., the calibration is adjusted) after a 
calibration drift assessment.
    Liquids dripping means any visible leakage from the seal including 
spraying, misting, clouding, and ice formation.
    Open-ended valve or line means any valve, except safety relief 
valves, having one side of the valve seat in contact with process fluid 
and one side open to the atmosphere, either directly or through open 
piping.
    Pressure release means the emission of materials resulting from 
system pressure being greater than set pressure of the pressure relief 
device.
    Process improvement means routine changes made for safety and 
occupational health requirements, for energy savings, for better 
utility, for ease of maintenance and operation, for correction of 
design deficiencies, for bottleneck removal, for changing product 
requirements, or for environmental control.
    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to produce, as intermediate or 
final products, one or more of the chemicals listed in Sec.  60.489. A 
process unit can operate independently if supplied with sufficient feed 
or raw materials and sufficient storage facilities for the product. For 
the purpose of this subpart, process unit includes any feed, 
intermediate and final product storage vessels (except as specified in 
Sec.  60.482-1a(g)), product transfer racks, and connected ducts and 
piping. A process unit includes all equipment as defined in this 
subpart.
    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

[[Page 64885]]

material from a process unit or part of a process unit consistent with 
safety constraints and during which repairs can be accomplished. The 
following are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that 
stops production from a process unit or part of a process unit for less 
than 24 hours.
    (2) An unscheduled work practice or operational procedure that 
would stop production from a process unit or part of a process unit for 
a shorter period of time than would be required to clear the process 
unit or part of the process unit of materials and start up the unit, 
and would result in greater emissions than delay of repair of leaking 
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing 
of equipment without stopping production.
    Quarter means a 3-month period; the first quarter concludes on the 
last day of the last full month during the 180 days following initial 
startup.
    Repaired means that equipment is adjusted, or otherwise altered, in 
order to eliminate a leak as defined in the applicable sections of this 
subpart and, except for leaks identified in accordance with Sec. Sec.  
60.482-2a(b)(2)(ii) and (d)(6)(ii) and (d)(6)(iii), 60.482-3a(f), and 
60.482-10a(f)(1)(ii), is re-monitored as specified in Sec.  60.485a(b) 
to verify that emissions from the equipment are below the applicable 
leak definition.
    Replacement cost means the capital needed to purchase all the 
depreciable components in a facility.
    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.
    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.
    Storage vessel means a tank or other vessel that is used to store 
organic liquids that are used in the process as raw material 
feedstocks, produced as intermediates or final products, or generated 
as wastes. Storage vessel does not include vessels permanently attached 
to motor vehicles, such as trucks, railcars, barges or ships.
    Synthetic organic chemicals manufacturing industry means the 
industry that produces, as intermediates or final products, one or more 
of the chemicals listed in Sec.  60.489.
    Transfer rack means the collection of loading arms and loading 
hoses, at a single loading rack, that are used to fill tank trucks and/
or railcars with organic liquids.
    Volatile organic compounds or VOC means, for the purposes of this 
subpart, any reactive organic compounds as defined in Sec.  60.2 
Definitions.


Sec.  60.482-1a  Standards: General.

    (a) Each owner or operator subject to the provisions of this 
subpart shall demonstrate compliance with the requirements of 
Sec. Sec.  60.482-1a through 60.482-10a or Sec.  60.480a(e) for all 
equipment within 180 days of initial startup.
    (b) Compliance with Sec. Sec.  60.482-1a to 60.482-10a will be 
determined by review of records and reports, review of performance test 
results, and inspection using the methods and procedures specified in 
Sec.  60.485a.
    (c)(1) An owner or operator may request a determination of 
equivalence of a means of emission limitation to the requirements of 
Sec. Sec.  60.482-2a, 60.482-3a, 60.482-5a, 60.482-6a, 60.482-7a, 
60.482-8a, and 60.482-10a as provided in Sec.  60.484a.
    (2) If the Administrator makes a determination that a means of 
emission limitation is at least equivalent to the requirements of 
Sec. Sec.  60.482-2a, 60.482-3a, 60.482-5a, 60.482-6a, 60.482-7a, 
60.482-8a, or 60.482-10a, an owner or operator shall comply with the 
requirements of that determination.
    (d) Equipment that is in vacuum service is excluded from the 
requirements of Sec. Sec.  60.482-2a through 60.482-10a if it is 
identified as required in Sec.  60.486a(e)(5).
    (e) Equipment that an owner or operator designates as being in VOC 
service less than 300 hr/yr is excluded from the requirements of 
Sec. Sec.  60.482-2a through 60.482-11a if it is identified as required 
in Sec.  60.486a(e)(6) and it meets any of the conditions specified in 
paragraphs (e)(1) through (3) of this section.
    (1) The equipment is in VOC service only during startup and 
shutdown, excluding startup and shutdown between batches of the same 
campaign for a batch process.
    (2) The equipment is in VOC service only during process 
malfunctions or other emergencies.
    (3) The equipment is backup equipment that is in VOC service only 
when the primary equipment is out of service.
    (f)(1) If a dedicated batch process unit operates less than 365 
days during a year, an owner or operator may monitor to detect leaks 
from pumps, valves, and open-ended valves or lines at the frequency 
specified in the following table instead of monitoring as specified in 
Sec. Sec.  60.482-2a, 60.482-7a, and 60.483.2a:

----------------------------------------------------------------------------------------------------------------
                                                      Equivalent monitoring frequency time in use
   Operating time (percent of hours   --------------------------------------------------------------------------
             during year)                      Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25.............................  Quarterly..............  Annually...............  Annually.
25 to <50............................  Quarterly..............  Semiannually...........  Annually.
50 to <75............................  Bimonthly..............  Three quarters.........  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------

    (2) Pumps and valves that are shared among two or more batch 
process units that are subject to this subpart may be monitored at the 
frequencies specified in paragraph (f)(1) of this section, provided the 
operating time of all such process units is considered.
    (3) The monitoring frequencies specified in paragraph (f)(1) 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 at any time during the specified monitoring period 
(e.g., month, quarter, year), provided the monitoring is conducted at a 
reasonable interval after completion of the last monitoring campaign. 
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv) 
of this section.
    (i) When monitoring is conducted quarterly, monitoring events must 
be separated by at least 30 calendar days.
    (ii) When monitoring is conducted semiannually (i.e., once every 2 
quarters), monitoring events must be separated by at least 60 calendar 
days.
    (iii) When monitoring is conducted in 3 quarters per year, 
monitoring events

[[Page 64886]]

must be separated by at least 90 calendar days.
    (iv) When monitoring is conducted annually, monitoring events must 
be separated by at least 120 calendar days.
    (g) If the storage vessel is shared with multiple process units, 
the process unit with the greatest annual amount of stored materials 
(predominant use) is the process unit the storage vessel is assigned 
to. If the storage vessel is shared equally among process units, and 
one of the process units has equipment subject to this subpart, the 
storage vessel is assigned to that process unit. If the storage vessel 
is shared equally among process units, none of which have equipment 
subject to this subpart of this part, the storage vessel is assigned to 
any process unit subject to subpart VV of this part. If the predominant 
use of the storage vessel varies from year to year, then the owner or 
operator must estimate the predominant use initially and reassess every 
3 years. The owner or operator must keep records of the information and 
supporting calculations that show how predominant use is determined. 
All equipment on the storage vessel must be monitored when in VOC 
service.


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

    (a)(1) Each pump in light liquid service shall be monitored monthly 
to detect leaks by the methods specified in Sec.  60.485a(b), except as 
provided in Sec.  60.482-1a(c) and (f) and paragraphs (d), (e), and (f) 
of this section. A pump that begins operation in light liquid service 
after the initial startup date for the process unit must be monitored 
for the first time within 30 days after the end of its startup period, 
except for a pump that replaces a leaking pump and except as provided 
in Sec.  60.482-1a(c) and paragraphs (d), (e), and (f) of this section.
    (2) Each pump in light liquid service shall be checked by visual 
inspection each calendar week for indications of liquids dripping from 
the pump seal, except as provided in Sec.  60.482-1a(f).
    (b)(1) The instrument reading that defines a leak is specified in 
paragraphs (b)(1)(i) and (ii) of this section.
    (i) 5,000 parts per million (ppm) or greater for pumps handling 
polymerizing monomers;
    (ii) 2,000 ppm or greater for all other pumps.
    (2) If there are indications of liquids dripping from the pump 
seal, the owner or operator shall follow the procedure specified in 
either paragraph (b)(2)(i) or (ii) of this section. This requirement 
does not apply to a pump that was monitored after a previous weekly 
inspection and the instrument reading was less than the concentration 
specified in paragraph (b)(1)(i) or (ii) of this section, whichever is 
applicable.
    (i) Monitor the pump within 5 days as specified in Sec.  
60.485a(b). A leak is detected if the instrument reading measured 
during monitoring indicates a leak as specified in paragraph (b)(1)(i) 
or (ii) of this section, whichever is applicable. The leak shall be 
repaired using the procedures in paragraph (c) of this section.
    (ii) Designate the visual indications of liquids dripping as a 
leak, and repair the leak using either the procedures in paragraph (c) 
of this section or by eliminating the visual indications of liquids 
dripping.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  60.482-9a.
    (2) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected. First attempts at repair 
include, but are not limited to, the practices described in paragraphs 
(c)(2)(i) and (ii) of this section, where practicable.
    (i) Tightening the packing gland nuts;
    (ii) Ensuring that the seal flush is operating at design pressure 
and temperature.
    (d) Each pump equipped with a dual mechanical seal system that 
includes a barrier fluid system is exempt from the requirements of 
paragraph (a) of this section, provided the requirements specified in 
paragraphs (d)(1) through (6) of this section are met.
    (1) Each dual mechanical seal system is:
    (i) Operated with the barrier fluid at a pressure that is at all 
times greater than the pump stuffing box pressure; or
    (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.  
60.482-10a; or
    (iii) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.
    (2) The barrier fluid system is in heavy liquid service or is not 
in VOC service.
    (3) Each barrier fluid system is equipped with a sensor that will 
detect failure of the seal system, the barrier fluid system, or both.
    (4)(i) Each pump is checked by visual inspection, each calendar 
week, for indications of liquids dripping from the pump seals.
    (ii) If there are indications of liquids dripping from the pump 
seal at the time of the weekly inspection, the owner or operator shall 
follow the procedure specified in either paragraph (d)(4)(ii)(A) or (B) 
of this section prior to the next required inspection.
    (A) Monitor the pump within 5 days as specified in Sec.  60.485a(b) 
to determine if there is a leak of VOC in the barrier fluid. If an 
instrument reading of 2,000 ppm or greater is measured, a leak is 
detected.
    (B) Designate the visual indications of liquids dripping as a leak.
    (5)(i) Each sensor as described in paragraph (d)(3) is checked 
daily or is equipped with an audible alarm.
    (ii) The owner or operator determines, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (iii) If the sensor indicates failure of the seal system, the 
barrier fluid system, or both, based on the criterion established in 
paragraph (d)(5)(ii) of this section, a leak is detected.
    (6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A) 
of this section, it shall be repaired as specified in paragraph (c) of 
this section.
    (ii) A leak detected pursuant to paragraph (d)(5)(iii) of this 
section shall be repaired within 15 days of detection by eliminating 
the conditions that activated the sensor.
    (iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this 
section shall be repaired within 15 days of detection by eliminating 
visual indications of liquids dripping.
    (e) Any pump that is designated, as described in Sec.  
60.486a(e)(1) and (2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt 
from the requirements of paragraphs (a), (c), and (d) of this section 
if the pump:
    (1) Has no externally actuated shaft penetrating the pump housing;
    (2) Is demonstrated to be operating with no detectable emissions as 
indicated by an instrument reading of less than 500 ppm above 
background as measured by the methods specified in Sec.  60.485a(c); 
and
    (3) Is tested for compliance with paragraph (e)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (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.  60.482-10a, it is exempt from

[[Page 64887]]

paragraphs (a) through (e) of this section.
    (g) Any pump that is designated, as described in Sec.  
60.486a(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.


Sec.  60.482-3a  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that 
includes a barrier fluid system and that prevents leakage of VOC to the 
atmosphere, except as provided in Sec.  60.482-1a(c) and paragraphs 
(h), (i), and (j) of this section.
    (b) Each compressor seal system as required in paragraph (a) of 
this section shall be:
    (1) Operated with the barrier fluid at a pressure that is greater 
than the compressor stuffing box pressure; 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 complies with the requirements of Sec.  
60.482-10a; or
    (3) Equipped with a system that purges the barrier fluid into a 
process stream with zero VOC emissions to the atmosphere.
    (c) The barrier fluid system shall be in heavy liquid service or 
shall not be in VOC service.
    (d) Each barrier fluid system as described in paragraph (a) shall 
be equipped with a sensor that will detect failure of the seal system, 
barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section 
shall be checked daily or shall be equipped with an audible alarm.
    (2) 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.
    (f) If the sensor indicates failure of the seal system, the barrier 
system, or both based on the criterion determined under paragraph 
(e)(2) of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  60.482-9a.
    (2) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (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.  60.482-10a, except as provided in paragraph 
(i) of this section.
    (i) Any compressor that is designated, as described in Sec.  
60.486a(e)(1) and (2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt 
from the requirements of paragraphs (a) through (h) of this section if 
the compressor:
    (1) Is demonstrated to be operating with no detectable emissions, 
as indicated by an instrument reading of less than 500 ppm above 
background, as measured by the methods specified in Sec.  60.485a(c); 
and
    (2) Is tested for compliance with paragraph (i)(1) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (j) Any existing reciprocating compressor in a process unit which 
becomes an affected facility under provisions of Sec.  60.14 or Sec.  
60.15 is exempt from paragraphs (a) through (e) and (h) of this 
section, provided the owner or operator demonstrates that recasting the 
distance piece or replacing the compressor are the only options 
available to bring the compressor into compliance with the provisions 
of paragraphs (a) through (e) and (h) of this section.


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

    (a) Except during pressure releases, each pressure relief device in 
gas/vapor service shall be operated with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as determined by the methods specified in Sec.  60.485a(c).
    (b)(1) After each pressure release, the pressure relief device 
shall be returned to a condition of no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as soon as practicable, but no later than 5 calendar days 
after the pressure release, except as provided in Sec.  60.482-9a.
    (2) No later than 5 calendar days after the pressure release, the 
pressure relief device shall be monitored to confirm the conditions of 
no detectable emissions, as indicated by an instrument reading of less 
than 500 ppm above background, by the methods specified in Sec.  
60.485a(c).
    (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.  60.482-10a 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.  60.482-9a.


Sec.  60.482-5a  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a 
closed-purge, closed-loop, or closed-vent system, except as provided in 
Sec.  60.482-1a(c) and paragraph (c) of this section.
    (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) Gases displaced during filling of the sample container are not 
required to be collected or captured.
    (2) Containers that are part of a closed-purge system must be 
covered or closed when not being filled or emptied.
    (3) Gases remaining in the tubing or piping between the closed-
purge system valve(s) and sample container valve(s) after the valves 
are closed and the sample container is disconnected are not required to 
be collected or captured.

[[Page 64888]]

    (4) Each closed-purge, closed-loop, or closed-vent system shall be 
designed and operated to meet requirements in either paragraph 
(b)(4)(i), (ii), (iii), or (iv) of this section.
    (i) Return the purged process fluid directly to the process line.
    (ii) Collect and recycle the purged process fluid to a process.
    (iii) Capture and transport all the purged process fluid to a 
control device that complies with the requirements of Sec.  60.482-10a.
    (iv) Collect, store, and transport the purged process fluid to any 
of the following systems or facilities:
    (A) 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;
    (B) A treatment, storage, or disposal facility subject to 
regulation under 40 CFR part 262, 264, 265, or 266;
    (C) 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;
    (D) A waste management unit subject to and operated in compliance 
with the treatment requirements of 40 CFR 61.348(a), provided all waste 
management units that collect, store, or transport the purged process 
fluid to the treatment unit are subject to and operated in compliance 
with the management requirements of 40 CFR 61.343 through 40 CFR 
61.347; or
    (E) A device used to burn off-specification used oil for energy 
recovery in accordance with 40 CFR part 279, subpart G, provided the 
purged process fluid is 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.


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

    (a)(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.  
60.482-1a(c) and paragraphs (d) and (e) of this section.
    (2) 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.
    (b) 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.
    (c) 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 (a) 
of this section at all other times.
    (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.


Sec.  60.482-7a  Standards: Valves in gas/vapor service and in light 
liquid service.

    (a)(1) Each valve shall be monitored monthly to detect leaks by the 
methods specified in Sec.  60.485a(b) and shall comply with paragraphs 
(b) through (e) of this section, except as provided in paragraphs (f), 
(g), and (h) of this section, Sec.  60.482-1a(c) and (f), and 
Sec. Sec.  60.483-1a and 60.483-2a.
    (2) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for the process unit must 
be monitored according to paragraphs (a)(2)(i) or (ii), except for a 
valve that replaces a leaking valve and except as provided in 
paragraphs (f), (g), and (h) of this section, Sec.  60.482-1a(c), and 
Sec. Sec.  60.483-1a and 60.483-2a.
    (i) Monitor the valve as in paragraph (a)(1) of this section. The 
valve must be monitored for the first time within 30 days after the end 
of its startup period to ensure proper installation.
    (ii) If the existing valves in the process unit are monitored in 
accordance with Sec.  60.483-1a or Sec.  60.483-2a, count the new valve 
as leaking when calculating the percentage of valves leaking as 
described in Sec.  60.483-2a(b)(5). If less than 2.0 percent of the 
valves are leaking for that process unit, the valve must be monitored 
for the first time during the next scheduled monitoring event for 
existing valves in the process unit or within 90 days, whichever comes 
first.
    (b) If an instrument reading of 500 ppm or greater is measured, a 
leak is detected.
    (c)(1)(i) Any valve for which a leak is not detected for 2 
successive months may be monitored the first month of every quarter, 
beginning with the next quarter, until a leak is detected.
    (ii) As an alternative to monitoring all of the valves in the first 
month of a quarter, an owner or operator may elect to subdivide the 
process unit into two or three subgroups of valves and monitor each 
subgroup in a different month during the quarter, provided each 
subgroup is monitored every 3 months. The owner or operator must keep 
records of the valves assigned to each subgroup.
    (2) If a leak is detected, the valve shall be monitored monthly 
until a leak is not detected for 2 successive months.
    (d)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but no later than 15 calendar days after the leak is 
detected, except as provided in Sec.  60.482-9a.
    (2) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the 
following best practices where practicable:
    (1) Tightening of bonnet bolts;
    (2) Replacement of bonnet bolts;
    (3) Tightening of packing gland nuts;
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec.  
60.486a(e)(2), for no detectable emissions, as indicated by an 
instrument reading of less than 500 ppm above background, is exempt 
from the requirements of paragraph (a) of this section if the valve:
    (1) Has no external actuating mechanism in contact with the process 
fluid,
    (2) Is operated with emissions less than 500 ppm above background 
as determined by the method specified in Sec.  60.485a(c), and
    (3) Is tested for compliance with paragraph (f)(2) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (g) Any valve that is designated, as described in Sec.  
60.486a(f)(1), as an unsafe-to-monitor valve is exempt from the 
requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve demonstrates that the valve 
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 valve adheres to a written plan 
that requires monitoring of the valve as frequently as practicable 
during safe-to-monitor times.
    (h) Any valve that is designated, as described in Sec.  
60.486a(f)(2), as a difficult-to-monitor valve is exempt

[[Page 64889]]

from the requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve demonstrates that the valve 
cannot be monitored without elevating the monitoring personnel more 
than 2 meters above a support surface.
    (2) The process unit within which the valve is located either:
    (i) Becomes an affected facility through Sec.  60.14 or Sec.  60.15 
and was constructed on or before January 5, 1981; or
    (ii) Has less than 3.0 percent of its total number of valves 
designated as difficult-to-monitor by the owner or operator.
    (3) The owner or operator of the valve follows a written plan that 
requires monitoring of the valve at least once per calendar year.


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

    (a) If evidence of a potential leak is found by visual, audible, 
olfactory, or any other detection method at pumps, valves, and 
connectors in heavy liquid service and pressure relief devices in light 
liquid or heavy liquid service, 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.  60.485a(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 within 5 calendar 
days of detection.
    (b) If an instrument reading of 10,000 ppm or greater is measured, 
a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  60.482-9a.
    (2) The first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the 
best practices described under Sec. Sec.  60.482-2a(c)(2) and 60.482-
7a(e).


Sec.  60.482-9a  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. Monitoring to verify 
repair must occur within 15 days after startup of the process unit.
    (b) Delay of repair of equipment will be allowed for equipment 
which is isolated from the process and which does not remain in VOC 
service.
    (c) Delay of repair for valves and connectors will be allowed if:
    (1) The owner or operator demonstrates that emissions of purged 
material resulting from immediate repair are greater than the fugitive 
emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is 
collected and destroyed or recovered in a control device complying with 
Sec.  60.482-10a.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that 
includes a barrier fluid system, and
    (2) Repair is completed as soon as practicable, but not later than 
6 months after the leak was detected.
    (e) 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, valve assembly supplies have been depleted, and 
valve assembly supplies had been sufficiently stocked before the 
supplies were depleted. Delay of repair beyond the next process unit 
shutdown will not be allowed unless the next process unit shutdown 
occurs sooner than 6 months after the first process unit shutdown.
    (f) When delay of repair is allowed for a leaking pump, valve, or 
connector that remains in service, the pump, valve, or connector may be 
considered to be repaired and no longer subject to delay of repair 
requirements if two consecutive monthly monitoring instrument readings 
are below the leak definition.


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

    (a) Owners or operators of closed vent systems and control devices 
used to comply with provisions of this subpart shall comply with the 
provisions of this section.
    (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 (ppmv), 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 ppmv, on a dry 
basis, corrected to 3 percent oxygen, whichever is less stringent or to 
provide a minimum residence time of 0.75 seconds at a minimum 
temperature of 816 [deg]C.
    (d) Flares used to comply with this subpart shall comply with the 
requirements of Sec.  60.18.
    (e) Owners or operators of control devices used to comply with the 
provisions of this subpart shall monitor these control devices to 
ensure that they are operated and maintained in conformance with their 
designs.
    (f) Except as provided in paragraphs (i) through (k) of this 
section, each closed vent system shall be inspected according to the 
procedures and schedule specified in paragraphs (f)(1) and (2) of this 
section.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall comply with the 
requirements specified in paragraphs (f)(1)(i) and (ii) of this 
section:
    (i) Conduct an initial inspection according to the procedures in 
Sec.  60.485a(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.  60.485a(b); and
    (ii) Conduct annual inspections according to the procedures in 
Sec.  60.485a(b).
    (g) Leaks, as indicated by an instrument reading greater than 500 
ppmv 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

[[Page 64890]]

inspection requirements of paragraphs (f)(1)(i) and (f)(2) of this 
section.
    (j) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(1) of this section, as unsafe to inspect are 
exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified 
in paragraphs (j)(1) and (2) of this section:
    (1) The owner or operator determines that the equipment is unsafe 
to inspect because inspecting personnel would be exposed to an imminent 
or potential danger as a consequence of complying with paragraphs 
(f)(1)(i) or (f)(2) of this section; and
    (2) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-
to-inspect times.
    (k) Any parts of the closed vent system that are designated, as 
described in paragraph (l)(2) of this section, as difficult to inspect 
are exempt from the inspection requirements of paragraphs (f)(1)(i) and 
(f)(2) of this section if they comply with the requirements specified 
in paragraphs (k)(1) through (3) of this section:
    (1) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (2) The process unit within which the closed vent system is located 
becomes an affected facility through Sec. Sec.  60.14 or 60.15, or the 
owner or operator designates less than 3.0 percent of the total number 
of closed vent system equipment as difficult to inspect; and
    (3) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years. A closed vent 
system is exempt from inspection if it is operated under a vacuum.
    (l) The owner or operator shall record the information specified in 
paragraphs (l)(1) through (5) of this section.
    (1) Identification of all parts of the closed vent system that are 
designated as unsafe to inspect, an explanation of why the equipment is 
unsafe to inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the closed vent system that are 
designated as difficult to inspect, an explanation of why the equipment 
is difficult to inspect, and the plan for inspecting the equipment.
    (3) For each inspection during which a leak is detected, a record 
of the information specified in Sec.  60.486a(c).
    (4) For each inspection conducted in accordance with Sec.  
60.485a(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.


Sec.  60.482-11a  Standards: Connectors in gas/vapor service and in 
light liquid service.

    (a) The owner or operator shall initially monitor all connectors in 
the process unit for leaks by the later of either 12 months after the 
compliance date or 12 months after initial startup. If all connectors 
in the process unit have been monitored for leaks prior to the 
compliance date, 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) Except as allowed in Sec.  60.482-1a(c), Sec.  60.482-10a, or 
as specified in paragraph (e) of this section, the owner or operator 
shall monitor all connectors in gas and vapor and light liquid service 
as specified in paragraphs (a) and (b)(3) of this section.
    (1) The connectors shall be monitored to detect leaks by the method 
specified in Sec.  60.485a(b) and, as applicable, Sec.  60.485a(c).
    (2) If an instrument reading greater than or equal to 500 ppm is 
measured, a leak is detected.
    (3) 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 section.
    (i) If the percent leaking connectors in the process unit was 
greater than or equal to 0.5 percent, then monitor within 12 months (1 
year).
    (ii) If the percent leaking connectors in the process unit was 
greater than or equal to 0.25 percent but less than 0.5 percent, then 
monitor within 4 years. An owner or operator may comply with the 
requirements of this paragraph by monitoring at least 40 percent of the 
connectors within 2 years of the start of the monitoring period, 
provided all connectors have been monitored by the end of the 4-year 
monitoring period.
    (iii) If the percent leaking connectors in the process unit was 
less than 0.25 percent, then monitor as provided in paragraph 
(b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or 
(b)(3)(iii)(C) of this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the 
connectors within 4 years of the start of the monitoring period.
    (B) If the percent of 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 of leaking connectors within the total 
monitored connectors.
    (C) If the percent of 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) For use in determining the monitoring frequency, as specified 
in paragraphs (a) and (b)(3) of this section, the percent leaking 
connectors as used in paragraphs (a) and (b)(3) of this section shall 
be calculated by using the following equation:


[[Page 64891]]



%CL = CL / Ct * 100

Where:

%CL = Percent of leaking connectors as determined through 
periodic monitoring required in paragraphs (a) and (b)(3)(i) through 
(iii) of this section.
CL = Number of connectors measured at 500 ppm or greater, 
by the method specified in Sec.  60.485a(b).
Ct = Total number of monitored connectors in the process 
unit or affected facility.

    (d) When a leak is detected pursuant to paragraphs (a) and (b) of 
this section, it shall be repaired as soon as practicable, but not 
later than 15 calendar days after it is detected, except as provided in 
Sec.  60.482-9a. A first attempt at repair as defined in this subpart 
shall be made no later than 5 calendar days after the leak is detected.
    (e) Any connector that is designated, as described in Sec.  
60.486a(f)(1), as an unsafe-to-monitor connector is exempt from the 
requirements of paragraphs (a) and (b) of this section if:
    (1) The owner or operator of the connector demonstrates that the 
connector is unsafe-to-monitor because monitoring personnel would be 
exposed to an immediate danger as a consequence of complying with 
paragraphs (a) and (b) of this section; and
    (2) The owner or operator of the connector has a written plan that 
requires monitoring of the connector 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 (d) of this section if a leak 
is detected.
    (f) Inaccessible, ceramic, or ceramic-lined connectors. (1) Any 
connector that is inaccessible or that is ceramic or ceramic-lined 
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring 
requirements of paragraphs (a) and (b) of this section, from the leak 
repair requirements of paragraph (d) of this section, and from the 
recordkeeping and reporting requirements of Sec. Sec.  63.1038 and 
63.1039. An inaccessible connector is one that meets any of the 
provisions specified in paragraphs (f)(1)(i) through (vi) of this 
section, as applicable:
    (i) Buried;
    (ii) Insulated in a manner that prevents access to the connector by 
a monitor probe;
    (iii) Obstructed by equipment or piping that prevents access to the 
connector by a monitor probe;
    (iv) 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;
    (v) 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; or
    (vi) 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.
    (2) 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.
    (g) Except for instrumentation systems and inaccessible, ceramic, 
or ceramic-lined connectors meeting the provisions of paragraph (f) of 
this section, identify the connectors subject to the requirements of 
this subpart. Connectors need not be individually identified if all 
connectors in a designated area or length of pipe subject to the 
provisions of this subpart are identified as a group, and the number of 
connectors subject is indicated.


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

    (a) An owner or operator may elect to comply with an allowable 
percentage of valves leaking of equal to or less than 2.0 percent.
    (b) The following requirements shall be met if an owner or operator 
wishes to comply with an allowable percentage of valves leaking:
    (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.  60.487a(d).
    (2) A performance test as specified in paragraph (c) of this 
section shall be conducted initially upon designation, annually, and at 
other times requested by the Administrator.
    (3) If a valve leak is detected, it shall be repaired in accordance 
with Sec.  60.482-7a(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves in gas/vapor and light liquid service within the 
affected facility shall be monitored within 1 week by the methods 
specified in Sec.  60.485a(b).
    (2) If an instrument reading of 500 ppm or greater is measured, a 
leak is detected.
    (3) The leak percentage shall be determined by dividing the number 
of valves for which leaks are detected by the number of valves in gas/
vapor and light liquid service within the affected facility.
    (d) Owners and operators who elect to comply with this alternative 
standard shall not have an affected facility with a leak percentage 
greater than 2.0 percent, determined as described in Sec.  60.485a(h).


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

    (a)(1) An owner or operator may elect to comply with one of the 
alternative work practices specified in paragraphs (b)(2) and (3) of 
this section.
    (2) An owner or operator must notify the Administrator before 
implementing one of the alternative work practices, as specified in 
Sec.  60.487(d)a.
    (b)(1) An owner or operator shall comply initially with the 
requirements for valves in gas/vapor service and valves in light liquid 
service, as described in Sec.  60.482-7a.
    (2) After 2 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 1 of the quarterly leak detection periods 
for the valves in gas/vapor and light liquid service.
    (3) After 5 consecutive quarterly leak detection periods with the 
percent of valves leaking equal to or less than 2.0, an owner or 
operator may begin to skip 3 of the quarterly leak detection periods 
for the valves in gas/vapor and light liquid service.
    (4) If the percent of valves leaking is greater than 2.0, the owner 
or operator shall comply with the requirements as described in Sec.  
60.482-7a but can again elect to use this section.
    (5) The percent of valves leaking shall be determined as described 
in Sec.  60.485a(h).
    (6) An owner or operator must keep a record of the percent of 
valves found leaking during each leak detection period.
    (7) A valve that begins operation in gas/vapor service or light 
liquid service after the initial startup date for a process unit 
following one of the alternative standards in this section must be 
monitored in accordance with Sec.  60.482-7a(a)(2)(i) or (ii) before 
the provisions of this section can be applied to that valve.

[[Page 64892]]

Sec.  60.484a  Equivalence of means of emission limitation.

    (a) Each owner or operator subject to the provisions of this 
subpart may apply to the Administrator for determination of equivalence 
for any means of emission limitation that achieves a reduction in 
emissions of VOC at least equivalent to the reduction in emissions of 
VOC achieved by the controls required in this subpart.
    (b) Determination of equivalence to the equipment, design, and 
operational requirements of this subpart will be evaluated by the 
following guidelines:
    (1) Each owner or operator applying for an equivalence 
determination shall be responsible for collecting and verifying test 
data to demonstrate equivalence of means of emission limitation.
    (2) The Administrator will compare test data for demonstrating 
equivalence of the means of emission limitation to test data for the 
equipment, design, and operational requirements.
    (3) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the equipment, design, and 
operational requirements.
    (c) Determination of equivalence to the required work practices in 
this subpart will be evaluated by the following guidelines:
    (1) Each owner or operator applying for a determination of 
equivalence shall be responsible for collecting and verifying test data 
to demonstrate equivalence of an equivalent means of emission 
limitation.
    (2) For each affected facility for which a determination of 
equivalence is requested, the emission reduction achieved by the 
required work practice shall be demonstrated.
    (3) For each affected facility, for which a determination of 
equivalence is requested, the emission reduction achieved by the 
equivalent means of emission limitation shall be demonstrated.
    (4) Each owner or operator applying for a determination of 
equivalence shall commit in writing to work practice(s) that provide 
for emission reductions equal to or greater than the emission 
reductions achieved by the required work practice.
    (5) The Administrator will compare the demonstrated emission 
reduction for the equivalent means of emission limitation to the 
demonstrated emission reduction for the required work practices and 
will consider the commitment in paragraph (c)(4) of this section.
    (6) The Administrator may condition the approval of equivalence on 
requirements that may be necessary to assure operation and maintenance 
to achieve the same emission reduction as the required work practice.
    (d) An owner or operator may offer a unique approach to demonstrate 
the equivalence of any equivalent means of emission limitation.
    (e)(1) After a request for determination of equivalence is 
received, the Administrator will publish a notice in the Federal 
Register and provide the opportunity for public hearing if the 
Administrator judges that the request may be approved.
    (2) After notice and opportunity for public hearing, the 
Administrator will determine the equivalence of a means of emission 
limitation and will publish the determination in the Federal Register.
    (3) Any equivalent means of emission limitations approved under 
this section shall constitute a required work practice, equipment, 
design, or operational standard within the meaning of section 111(h)(1) 
of the CAA.
    (f)(1) Manufacturers of equipment used to control equipment leaks 
of VOC may apply to the Administrator for determination of equivalence 
for any equivalent means of emission limitation that achieves a 
reduction in emissions of VOC achieved by the equipment, design, and 
operational requirements of this subpart.
    (2) The Administrator will make an equivalence determination 
according to the provisions of paragraphs (b), (c), (d), and (e) of 
this section.


Sec.  60.485a  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the 
owner or operator shall use as reference methods and procedures the 
test methods in appendix A of this part or other methods and procedures 
as specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the 
standards in Sec. Sec.  60.482-1a through 60.482-11a, 60.483a, and 
60.484a as follows:
    (1) Method 21 shall be used to determine the presence of leaking 
sources. The instrument shall be calibrated before use each day of its 
use by the procedures specified in Method 21 of appendix A-7 of this 
part. The following calibration gases shall be used:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration no 
more than 2,000 ppm 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 ppm 
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 ppm. 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.
    (2) A calibration drift assessment shall be performed, at a 
minimum, at the end of each monitoring day. Check the instrument using 
the same calibration gas(es) that were used to calibrate the instrument 
before use. Follow the procedures specified in Method 21 of appendix A-
7 of this part, Section 10.1, except do not adjust the meter readout to 
correspond to the calibration gas value. Record the instrument reading 
for each scale used as specified in Sec.  60.486a(e)(7). Calculate the 
average algebraic difference between the three meter readings and the 
most recent calibration value. Divide this algebraic difference by the 
initial calibration value and multiply by 100 to express the 
calibration drift as a percentage. If any calibration drift assessment 
shows a negative drift of more than 10 percent from the initial 
calibration value, then all equipment monitored since the last 
calibration with instrument readings below the appropriate leak 
definition and above the leak definition multiplied by (100 minus the 
percent of negative drift/divided by 100) must be re-monitored. If any 
calibration drift assessment shows a positive drift of more than 10 
percent from the initial calibration value, then, at the owner/
operator's discretion, all equipment since the last calibration with 
instrument readings above the appropriate leak definition and below the 
leak definition multiplied by (100 plus the percent of positive drift/
divided by 100) may be re-monitored.
    (c) The owner or operator shall determine compliance with the no-
detectable-emission standards in Sec. Sec.  60.482-2a(e), 60.482-3a(i), 
60.482-4a, 60.482-7a(f), and 60.482-10a(e) as follows:
    (1) The requirements of paragraph (b) shall apply.
    (2) Method 21 of appendix A-7 of this part shall be used to 
determine the background level. All potential leak interfaces shall be 
traversed as close to the interface as possible. The arithmetic 
difference between the maximum

[[Page 64893]]

concentration indicated by the instrument and the background level is 
compared with 500 ppm for determining compliance.
    (d) The owner or operator shall test each piece of equipment unless 
he demonstrates that a process unit is not in VOC service, i.e., that 
the VOC content would never be reasonably expected to exceed 10 percent 
by weight. For purposes of this demonstration, the following methods 
and procedures shall be used:
    (1) Procedures that conform to the general methods in ASTM E260-73, 
91, or 96, E168-67, 77, or 92, E169-63, 77, or 93 (incorporated by 
reference--see Sec.  60.17) shall be used to determine the percent VOC 
content in the process fluid that is contained in or contacts a piece 
of equipment.
    (2) Organic compounds that are considered by the Administrator to 
have negligible photochemical reactivity may be excluded from the total 
quantity of organic compounds in determining the VOC content of the 
process fluid.
    (3) Engineering judgment may be used to estimate the VOC content, 
if a piece of equipment had not been shown previously to be in service. 
If the Administrator disagrees with the judgment, paragraphs (d)(1) and 
(2) of this section shall be used to resolve the disagreement.
    (e) The owner or operator shall demonstrate that a piece of 
equipment is in light liquid service by showing that all the following 
conditions apply:
    (1) The vapor pressure of one or more of the organic components is 
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68 
[deg]F). Standard reference texts or ASTM D2879-83, 96, or 97 
(incorporated by reference--see Sec.  60.17) shall be used to determine 
the vapor pressures.
    (2) The total concentration of the pure organic components having a 
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in. 
H2O at 68 [deg]F) is equal to or greater than 20 percent by 
weight.
    (3) The fluid is a liquid at operating conditions.
    (f) Samples used in conjunction with paragraphs (d), (e), and (g) 
of this section shall be representative of the process fluid that is 
contained in or contacts the equipment or the gas being combusted in 
the flare.
    (g) The owner or operator shall determine compliance with the 
standards of flares as follows:
    (1) Method 22 of appendix A-7 of this part shall be used to 
determine visible emissions.
    (2) A thermocouple or any other equivalent device shall be used to 
monitor the presence of a pilot flame in the flare.
    (3) The maximum permitted velocity for air assisted flares shall be 
computed using the following equation:

Vmax = K1 + K2HT

Where:

Vmax = Maximum permitted velocity, m/sec (ft/sec).
HT = Net heating value of the gas being combusted, MJ/scm 
(Btu/scf).
K1 = 8.706 m/sec (metric units) = 28.56 ft/sec (English 
units).
K2 = 0.7084 m\4\/(MJ-sec) (metric units) = 0.087 ft\4\/
(Btu-sec) (English units).

    (4) The net heating value (HT) of the gas being combusted in a 
flare shall be computed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR16NO07.038

Where:

K = Conversion constant, 1.740 x 10-\7\ (g-mole)(MJ)/
(ppm-scm-kcal) (metric units) = 4.674 x 10-\6\ [(g-
mole)(Btu)/(ppm-scf-kcal)] (English units).
Ci = Concentration of sample component ``i,'' ppm
Hi = net heat of combustion of sample component ``i'' at 
25 [deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole.

    (5) Method 18 of appendix A-6 of this part or ASTM D6420-99 (2004) 
(where the target compound(s) are those listed in Section 1.1 of ASTM 
D6420-99, and the target concentration is between 150 parts per billion 
by volume and 100 ppmv) and ASTM D2504-67, 77, or 88 (Reapproved 1993) 
(incorporated by reference-see Sec.  60.17) shall be used to determine 
the concentration of sample component ``i.''
    (6) ASTM D2382-76 or 88 or D4809-95 (incorporated by reference-see 
Sec.  60.17) shall be used to determine the net heat of combustion of 
component ``i'' if published values are not available or cannot be 
calculated.
    (7) Method 2, 2A, 2C, or 2D of appendix A-7 of this part, as 
appropriate, shall be used to determine the actual exit velocity of a 
flare. If needed, the unobstructed (free) cross-sectional area of the 
flare tip shall be used.
    (h) The owner or operator shall determine compliance with Sec.  
60.483-1a or Sec.  60.483-2a as follows:
    (1) The percent of valves leaking shall be determined using the 
following equation:


%VL = (VL / VT) * 100

Where:

%VL = Percent leaking valves.
VL = Number of valves found leaking.
VT = The sum of the total number of valves monitored.

    (2) The total number of valves monitored shall include difficult-
to-monitor and unsafe-to-monitor valves only during the monitoring 
period in which those valves are monitored.
    (3) The number of valves leaking shall include valves for which 
repair has been delayed.
    (4) Any new valve that is not monitored within 30 days of being 
placed in service shall be included in the number of valves leaking and 
the total number of valves monitored for the monitoring period in which 
the valve is placed in service.
    (5) If the process unit has been subdivided in accordance with 
Sec.  60.482-7a(c)(1)(ii), the sum of valves found leaking during a 
monitoring period includes all subgroups.
    (6) The total number of valves monitored does not include a valve 
monitored to verify repair.


Sec.  60.486a  Recordkeeping requirements.

    (a)(1) Each owner or operator subject to the provisions of this 
subpart shall comply with the recordkeeping requirements of this 
section.
    (2) An owner or operator of more than one affected facility subject 
to the provisions of this subpart may comply with the recordkeeping 
requirements for these facilities in one recordkeeping system if the 
system identifies each record by each facility.
    (3) The owner or operator shall record the information specified in 
paragraphs (a)(3)(i) through (v) of this section for each monitoring 
event required by Sec. Sec.  60.482-2a, 60.482-3a, 60.482-7a, 60.482-
8a, 60.482-11a, and 60.483-2a.
    (i) Monitoring instrument identification.
    (ii) Operator identification.
    (iii) Equipment identification.
    (iv) Date of monitoring.
    (v) Instrument reading.
    (b) When each leak is detected as specified in Sec. Sec.  60.482-
2a, 60.482-3a, 60.482-7a, 60.482-8a, 60.482-11a, and 60.483-2a, the 
following requirements apply:
    (1) A weatherproof and readily visible identification, marked with 
the equipment identification number, shall be attached to the leaking 
equipment.
    (2) The identification on a valve may be removed after it has been 
monitored for 2 successive months as specified in Sec.  60.482-7a(c) 
and no leak has been detected during those 2 months.
    (3) The identification on a connector may be removed after it has 
been monitored as specified in Sec.  60.482-11a(b)(3)(iv) and no leak 
has been detected during that monitoring.
    (4) The identification on equipment, except on a valve or 
connector, may be removed after it has been repaired.

[[Page 64894]]

    (c) When each leak is detected as specified in Sec. Sec.  60.482-
2a, 60.482-3a, 60.482-7a, 60.482-8a, 60.482-11a, and 60.483-2a, the 
following information shall be recorded in a log and shall be kept for 
2 years in a readily accessible location:
    (1) The instrument and operator identification numbers and the 
equipment identification number, except when indications of liquids 
dripping from a pump are designated as a leak.
    (2) The date the leak was detected and the dates of each attempt to 
repair the leak.
    (3) Repair methods applied in each attempt to repair the leak.
    (4) Maximum instrument reading measured by Method 21 of appendix A-
7 of this part at the time the leak is successfully repaired or 
determined to be nonrepairable, except when a pump is repaired by 
eliminating indications of liquids dripping.
    (5) ``Repair delayed'' and the reason for the delay if a leak is 
not repaired within 15 calendar days after discovery of the leak.
    (6) The signature of the owner or operator (or designate) whose 
decision it was that repair could not be effected without a process 
shutdown.
    (7) The expected date of successful repair of the leak if a leak is 
not repaired within 15 days.
    (8) Dates of process unit shutdowns that occur while the equipment 
is unrepaired.
    (9) The date of successful repair of the leak.
    (d) The following information pertaining to the design requirements 
for closed vent systems and control devices described in Sec.  60.482-
10a shall be recorded and kept in a readily accessible location:
    (1) Detailed schematics, design specifications, and piping and 
instrumentation diagrams.
    (2) The dates and descriptions of any changes in the design 
specifications.
    (3) A description of the parameter or parameters monitored, as 
required in Sec.  60.482-10a(e), 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.
    (4) Periods when the closed vent systems and control devices 
required in Sec. Sec.  60.482-2a, 60.482-3a, 60.482-4a, and 60.482-5a 
are not operated as designed, including periods when a flare pilot 
light does not have a flame.
    (5) Dates of startups and shutdowns of the closed vent systems and 
control devices required in Sec. Sec.  60.482-2a, 60.482-3a, 60.482-4a, 
and 60.482-5a.
    (e) The following information pertaining to all equipment subject 
to the requirements in Sec. Sec.  60.482-1a to 60.482-11a shall be 
recorded in a log that is kept in a readily accessible location:
    (1) A list of identification numbers for equipment subject to the 
requirements of this subpart.
    (2)(i) A list of identification numbers for equipment that are 
designated for no detectable emissions under the provisions of 
Sec. Sec.  60.482-2a(e), 60.482-3a(i), and 60.482-7a(f).
    (ii) The designation of equipment as subject to the requirements of 
Sec.  60.482-2a(e), Sec.  60.482-3a(i), or Sec.  60.482-7a(f) shall be 
signed by the owner or operator. Alternatively, the owner or operator 
may establish a mechanism with their permitting authority that 
satisfies this requirement.
    (3) A list of equipment identification numbers for pressure relief 
devices required to comply with Sec.  60.482-4a.
    (4)(i) The dates of each compliance test as required in Sec. Sec.  
60.482-2a(e), 60.482-3a(i), 60.482-4a, and 60.482-7a(f).
    (ii) The background level measured during each compliance test.
    (iii) The maximum instrument reading measured at the equipment 
during each compliance test.
    (5) A list of identification numbers for equipment in vacuum 
service.
    (6) A list of identification numbers for equipment that the owner 
or operator designates as operating in VOC service less than 300 hr/yr 
in accordance with Sec.  60.482-1a(e), a description of the conditions 
under which the equipment is in VOC service, and rationale supporting 
the designation that it is in VOC service less than 300 hr/yr.
    (7) The date and results of the weekly visual inspection for 
indications of liquids dripping from pumps in light liquid service.
    (8) Records of the information specified in paragraphs (e)(8)(i) 
through (vi) of this section for monitoring instrument calibrations 
conducted according to sections 8.1.2 and 10 of Method 21 of appendix 
A-7 of this part and Sec.  60.485a(b).
    (i) Date of calibration and initials of operator performing the 
calibration.
    (ii) Calibration gas cylinder identification, certification date, 
and certified concentration.
    (iii) Instrument scale(s) used.
    (iv) A description of any corrective action taken if the meter 
readout could not be adjusted to correspond to the calibration gas 
value in accordance with section 10.1 of Method 21 of appendix A-7 of 
this part.
    (v) Results of each calibration drift assessment required by Sec.  
60.485a(b)(2) (i.e., instrument reading for calibration at end of 
monitoring day and the calculated percent difference from the initial 
calibration value).
    (vi) If an owner or operator makes their own calibration gas, a 
description of the procedure used.
    (9) The connector monitoring schedule for each process unit as 
specified in Sec.  60.482-11a(b)(3)(v).
    (10) Records of each release from a pressure relief device subject 
to Sec.  60.482-4a.
    (f) The following information pertaining to all valves subject to 
the requirements of Sec.  60.482-7a(g) and (h), all pumps subject to 
the requirements of Sec.  60.482-2a(g), and all connectors subject to 
the requirements of Sec.  60.482-11a(e) shall be recorded in a log that 
is kept in a readily accessible location:
    (1) A list of identification numbers for valves, pumps, and 
connectors that are designated as unsafe-to-monitor, an explanation for 
each valve, pump, or connector stating why the valve, pump, or 
connector is unsafe-to-monitor, and the plan for monitoring each valve, 
pump, or connector.
    (2) A list of identification numbers for valves that are designated 
as difficult-to-monitor, an explanation for each valve stating why the 
valve is difficult-to-monitor, and the schedule for monitoring each 
valve.
    (g) The following information shall be recorded for valves 
complying with Sec.  60.483-2a:
    (1) A schedule of monitoring.
    (2) The percent of valves found leaking during each monitoring 
period.
    (h) The following information shall be recorded in a log that is 
kept in a readily accessible location:
    (1) Design criterion required in Sec. Sec.  60.482-2a(d)(5) and 
60.482-3a(e)(2) and explanation of the design criterion; and
    (2) Any changes to this criterion and the reasons for the changes.
    (i) The following information shall be recorded in a log that is 
kept in a readily accessible location for use in determining exemptions 
as provided in Sec.  60.480a(d):
    (1) An analysis demonstrating the design capacity of the affected 
facility,
    (2) A statement listing the feed or raw materials and products from 
the affected facilities and an analysis demonstrating whether these 
chemicals are heavy liquids or beverage alcohol, and
    (3) An analysis demonstrating that equipment is not in VOC service.
    (j) Information and data used to demonstrate that a piece of 
equipment is not in VOC service shall be recorded

[[Page 64895]]

in a log that is kept in a readily accessible location.
    (k) The provisions of Sec.  60.7(b) and (d) do not apply to 
affected facilities subject to this subpart.


Sec.  60.487a  Reporting requirements.

    (a) Each owner or operator subject to the provisions of this 
subpart shall submit semiannual reports to the Administrator beginning 
6 months after the initial startup date.
    (b) The initial semiannual report to the Administrator shall 
include the following information:
    (1) Process unit identification.
    (2) Number of valves subject to the requirements of Sec.  60.482-
7a, excluding those valves designated for no detectable emissions under 
the provisions of Sec.  60.482-7a(f).
    (3) Number of pumps subject to the requirements of Sec.  60.482-2a, 
excluding those pumps designated for no detectable emissions under the 
provisions of Sec.  60.482-2a(e) and those pumps complying with Sec.  
60.482-2a(f).
    (4) Number of compressors subject to the requirements of Sec.  
60.482-3a, excluding those compressors designated for no detectable 
emissions under the provisions of Sec.  60.482-3a(i) and those 
compressors complying with Sec.  60.482-3a(h).
    (5) Number of connectors subject to the requirements of Sec.  
60.482-11a.
    (c) All semiannual reports to the Administrator shall include the 
following information, summarized from the information in Sec.  
60.486a:
    (1) Process unit identification.
    (2) For each month during the semiannual reporting period,
    (i) Number of valves for which leaks were detected as described in 
Sec.  60.482-7a(b) or Sec.  60.483-2a,
    (ii) Number of valves for which leaks were not repaired as required 
in Sec.  60.482-7a(d)(1),
    (iii) Number of pumps for which leaks were detected as described in 
Sec.  60.482-2a(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii),
    (iv) Number of pumps for which leaks were not repaired as required 
in Sec.  60.482-2a(c)(1) and (d)(6),
    (v) Number of compressors for which leaks were detected as 
described in Sec.  60.482-3a(f),
    (vi) Number of compressors for which leaks were not repaired as 
required in Sec.  60.482-3a(g)(1),
    (vii) Number of connectors for which leaks were detected as 
described in Sec.  60.482-11a(b)
    (viii) Number of connectors for which leaks were not repaired as 
required in Sec.  60.482-11a(d), and
    (xi) The facts that explain each delay of repair and, where 
appropriate, why a process unit shutdown was technically infeasible.
    (3) Dates of process unit shutdowns which occurred within the 
semiannual reporting period.
    (4) Revisions to items reported according to paragraph (b) of this 
section if changes have occurred since the initial report or subsequent 
revisions to the initial report.
    (d) An owner or operator electing to comply with the provisions of 
Sec. Sec.  60.483-1a or 60.483-2a shall notify the Administrator of the 
alternative standard selected 90 days before implementing either of the 
provisions.
    (e) An owner or operator shall report the results of all 
performance tests in accordance with Sec.  60.8 of the General 
Provisions. The provisions of Sec.  60.8(d) do not apply to affected 
facilities subject to the provisions of this subpart except that an 
owner or operator must notify the Administrator of the schedule for the 
initial performance tests at least 30 days before the initial 
performance tests.
    (f) The requirements of paragraphs (a) through (c) of this section 
remain in force until and unless EPA, in delegating enforcement 
authority to a state under section 111(c) of the CAA, approves 
reporting requirements or an alternative means of compliance 
surveillance adopted by such state. In that event, affected sources 
within the state will be relieved of the obligation to comply with the 
requirements of paragraphs (a) through (c) of this section, provided 
that they comply with the requirements established by the state.


Sec.  60.488a  Reconstruction.

    For the purposes of this subpart:
    (a) The cost of the following frequently replaced components of the 
facility shall not be considered in calculating either the ``fixed 
capital cost of the new components'' or the ``fixed capital costs that 
would be required to construct a comparable new facility'' under Sec.  
60.15: Pump seals, nuts and bolts, rupture disks, and packings.
    (b) Under Sec.  60.15, the ``fixed capital cost of new components'' 
includes the fixed capital cost of all depreciable components (except 
components specified in Sec.  60.488a(a)) which are or will be replaced 
pursuant to all continuous programs of component replacement which are 
commenced within any 2-year period following the applicability date for 
the appropriate subpart. (See the ``Applicability and designation of 
affected facility'' section of the appropriate subpart.) For purposes 
of this paragraph, ``commenced'' means that an owner or operator has 
undertaken a continuous program of component replacement or that an 
owner or operator has entered into a contractual obligation to 
undertake and complete, within a reasonable time, a continuous program 
of component replacement.


Sec.  60.489a  List of chemicals produced by affected facilities.

    Process units that produce, as intermediates or final products, 
chemicals listed in Sec.  60.489 are covered under this subpart. The 
applicability date for process units producing one or more of these 
chemicals is November 8, 2006.

Subpart GGG--Standards of Performance for Equipment Leaks of VOC in 
Petroleum Refineries for which Construction, Reconstruction, or 
Modification Commenced After January 4, 1983, and on or Before 
November 7, 2006

0
21. The heading for Subpart GGG is revised as set out above.

0
22. Section 60.590 is amended by revising paragraphs (b) and (d) to 
read as follows:


Sec.  60.590  Applicability and designation of affected facility.

* * * * *
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after January 
4, 1983, and on or before November 7, 2006, is subject to the 
requirements of this subpart.
* * * * *
    (d) Facilities subject to subpart VV, subpart VVa, or subpart KKK 
of this part are excluded from this subpart.
* * * * *

0
23. Section 60.591 is amended by adding a definition of ``Asphalt'' in 
alphabetical order and revising the definition of ``Process unit'' to 
read as follows:


Sec.  60.591  Definitions.

* * * * *
    Asphalt (also known as Bitumen) is a black or dark brown solid or 
semi-solid thermo-plastic material possessing waterproofing and 
adhesive properties. It is a complex combination of higher molecular 
weight organic compounds containing a relatively high proportion of 
hydrocarbons having carbon numbers greater than C25 with a high carbon 
to hydrogen ratio. It is essentially non-volatile at ambient 
temperatures with closed cup flash point of 445 [deg]F (230 [deg]C) or 
greater.
* * * * *

[[Page 64896]]

    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to produce intermediate or final 
products from petroleum, unfinished petroleum derivatives, or other 
intermediates. A process unit can operate independently if supplied 
with sufficient feed or raw materials and sufficient storage facilities 
for the product. For the purpose of this subpart, process unit includes 
any feed, intermediate and final product storage vessels (except as 
specified in Sec.  60.482-1(g)), product transfer racks, and connected 
ducts and piping. A process unit includes all equipment as defined in 
this subpart.

0
24. Section 60.592 is amended by revising paragraph (b) to read as 
follows:


Sec.  60.592  Standards.

* * * * *
    (b) For a given process unit, an owner or operator may elect to 
comply with the requirements of paragraphs (b)(1), (2), or (3) of this 
section as an alternative to the requirements in Sec.  60.482-7.
    (1) Comply with Sec.  60.483-1.
    (2) Comply with Sec.  60.483-2.
    (3) Comply with the Phase III provisions in 40 CFR 63.168, except 
an owner or operator may elect to follow the provisions in Sec.  
60.482-7(f) instead of 40 CFR 63.168 for any valve that is designated 
as being leakless.
* * * * *

0
25. Section 60.593 is amended by:
0
a. Revising the first sentence of paragraph (b)(2);
0
b. Revising paragraphs (c) and (d); and
0
c. Adding paragraph (f) to read as follows:


Sec.  60.593  Exceptions.

* * * * *
    (b) * * *
    (2) Each compressor is presumed not to be in hydrogen service 
unless an owner or operator demonstrates that the piece of equipment is 
in hydrogen service. * * *
* * * * *
    (c) Any existing reciprocating compressor that becomes an affected 
facility under provisions of Sec.  60.14 or Sec.  60.15 is exempt from 
Sec.  60.482-3(a), (b), (c), (d), (e), and (h) provided the owner or 
operator demonstrates that recasting the distance piece or replacing 
the compressor are the only options available to bring the compressor 
into compliance with the provisions of Sec.  60.482-3(a), (b), (c), 
(d), (e), and (h).
    (d) An owner or operator may use the following provision in 
addition to Sec.  60.485(e): Equipment is in light liquid service if 
the percent evaporated is greater than 10 percent at 150 [deg]C as 
determined by ASTM Method D86-78, 82, 90, 95, or 96 (incorporated by 
reference as specified in Sec.  60.17).
* * * * *
    (f) Open-ended valves or lines containing asphalt as defined in 
Sec.  60.591 are exempt from the requirements of Sec.  60.482-6(a) 
through (c).

0
26. Part 60 is amended by adding subpart GGGa to read as follows:

Subpart GGGa--Standards of Performance for Equipment Leaks of VOC 
in Petroleum Refineries for which Construction, Reconstruction, or 
Modification Commenced After November 7, 2006

Sec.
60.590a Applicability and designation of affected facility.
60.591a Definitions.
60.592a Standards.
60.593a Exceptions.


Sec.  60.590a  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities 
in petroleum refineries.
    (2) A compressor is an affected facility.
    (3) The group of all the equipment (defined in Sec.  60.591a) 
within a process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that 
commences construction, reconstruction, or modification after November 
7, 2006, is subject to the requirements of this subpart.
    (c) Addition or replacement of equipment (defined in Sec.  60.591a) 
for the purpose of process improvement which is accomplished without a 
capital expenditure shall not by itself be considered a modification 
under this subpart.
    (d) Facilities subject to subpart VV, subpart VVa, subpart GGG, or 
subpart KKK of this part are excluded from this subpart.


Sec.  60.591a  Definitions.

    As used in this subpart, all terms not defined herein shall have 
the meaning given them in the Clean Air Act, in subpart A of part 60, 
or in subpart VVa of this part, and the following terms shall have the 
specific meanings given them.
    Alaskan North Slope means the approximately 69,000 square mile area 
extending from the Brooks Range to the Arctic Ocean.
    Asphalt (also known as Bitumen) is a black or dark brown solid or 
semi-solid thermo-plastic material possessing waterproofing and 
adhesive properties. It is a complex combination of higher molecular 
weight organic compounds containing a relatively high proportion of 
hydrocarbons having carbon numbers greater than C25 with a high carbon 
to hydrogen ratio. It is essentially non-volatile at ambient 
temperatures with closed cup flash point of 445 [deg] F (230 [deg] C) 
or greater.
    Equipment means each valve, pump, pressure relief device, sampling 
connection system, open-ended valve or line, and flange or other 
connector in VOC service. For the purposes of recordkeeping and 
reporting only, compressors are considered equipment.
    In hydrogen service means that a compressor contains a process 
fluid that meets the conditions specified in Sec.  60.593a(b).
    In light liquid service means that the piece of equipment contains 
a liquid that meets the conditions specified in Sec.  60.593a(c).
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Petroleum refinery means any facility engaged in producing 
gasoline, kerosene, distillate fuel oils, residual fuel oils, 
lubricants, or other products through the distillation of petroleum, or 
through the redistillation, cracking, or reforming of unfinished 
petroleum derivatives.
    Process unit means the components assembled and connected by pipes 
or ducts to process raw materials and to produce intermediate or final 
products from petroleum, unfinished petroleum derivatives, or other 
intermediates. A process unit can operate independently if supplied 
with sufficient feed or raw materials and sufficient storage facilities 
for the product. For the purpose of this subpart, process unit includes 
any feed, intermediate and final product storage vessels (except as 
specified in Sec.  60.482-1a(g)), product transfer racks, and connected 
ducts and piping. A process unit includes all equipment as defined in 
this subpart.


Sec.  60.592a  Standards.

    (a) Each owner or operator subject to the provisions of this 
subpart shall comply with the requirements of Sec. Sec.  60.482-1a to 
60.482-10a as soon as practicable, but no later than 180 days after 
initial startup.
    (b) For a given process unit, an owner or operator may elect to 
comply with the requirements of paragraphs (b)(1), (2), or (3) of this 
section as an alternative to the requirements in Sec.  60.482-7a.
    (1) Comply with Sec.  60.483-1a.
    (2) Comply with Sec.  60.483-2a.

[[Page 64897]]

    (3) Comply with the Phase III provisions in Sec.  63.168, except an 
owner or operator may elect to follow the provisions in Sec.  60.482-
7a(f) instead of Sec.  63.168 for any valve that is designated as being 
leakless.
    (c) An owner or operator may apply to the Administrator for a 
determination of equivalency for any means of emission limitation that 
achieves a reduction in emissions of VOC at least equivalent to the 
reduction in emissions of VOC achieved by the controls required in this 
subpart. In doing so, the owner or operator shall comply with 
requirements of Sec.  60.484a.
    (d) Each owner or operator subject to the provisions of this 
subpart shall comply with the provisions of Sec.  60.485a except as 
provided in Sec.  60.593a.
    (e) Each owner or operator subject to the provisions of this 
subpart shall comply with the provisions of Sec. Sec.  60.486a and 
60.487a.


Sec.  60.593a  Exceptions.

    (a) Each owner or operator subject to the provisions of this 
subpart may comply with the following exceptions to the provisions of 
subpart VVa of this part.
    (b)(1) Compressors in hydrogen service are exempt from the 
requirements of Sec.  60.592a if an owner or operator demonstrates that 
a compressor is in hydrogen service.
    (2) Each compressor is presumed not to be in hydrogen service 
unless an owner or operator demonstrates that the piece of equipment is 
in hydrogen service. For a piece of equipment to be considered in 
hydrogen service, it must be determined that the percent hydrogen 
content can be reasonably expected always to exceed 50 percent by 
volume. For purposes of determining the percent hydrogen content in the 
process fluid that is contained in or contacts a compressor, procedures 
that conform to the general method described in ASTM E260-73, 91, or 
96, E168-67, 77, or 92, or E169-63, 77, or 93 (incorporated by 
reference as specified in Sec.  60.17) shall be used.
    (3)(i) An owner or operator may use engineering judgment rather 
than procedures in paragraph (b)(2) of this section to demonstrate that 
the percent content exceeds 50 percent by volume, provided the 
engineering judgment demonstrates that the content clearly exceeds 50 
percent by volume. When an owner or operator and the Administrator do 
not agree on whether a piece of equipment is in hydrogen service, 
however, the procedures in paragraph (b)(2) of this section shall be 
used to resolve the disagreement.
    (ii) If an owner or operator determines that a piece of equipment 
is in hydrogen service, the determination can be revised only after 
following the procedures in paragraph (b)(2).
    (c) Any existing reciprocating compressor that becomes an affected 
facility under provisions of Sec.  60.14 or Sec.  60.15 is exempt from 
Sec.  60.482-3a(a), (b), (c), (d), (e), and (h) provided the owner or 
operator demonstrates that recasting the distance piece or replacing 
the compressor are the only options available to bring the compressor 
into compliance with the provisions of Sec.  60.482-3a(a), (b), (c), 
(d), (e), and (h).
    (d) An owner or operator may use the following provision in 
addition to Sec.  60.485a(e): Equipment is in light liquid service if 
the percent evaporated is greater than 10 percent at 150 [deg]C as 
determined by ASTM Method D86-78, 82, 90, 93, 95, or 96 (incorporated 
by reference as specified in Sec.  60.17).
    (e) Pumps in light liquid service and valves in gas/vapor and light 
liquid service within a process unit that is located in the Alaskan 
North Slope are exempt from the requirements of Sec. Sec.  60.482-2a 
and 60.482-7a.
    (f) Open-ended valves or lines containing asphalt as defined in 
Sec.  60.591a are exempt from the requirements of Sec.  60.482-6a(a) 
through (c).
    (g) Connectors in gas/vapor or light liquid service are exempt from 
the requirements in Sec.  60.482-11a, provided the owner or operator 
complies with Sec.  60.482-8a for all connectors, not just those in 
heavy liquid service.

PART 63--[AMENDED]

0
27. The authority citation for part 63 continues to read as follows:

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

Subpart A--[Amended]

0
28. Section 63.14 is amended by revising paragraph (b)(28) to read as 
follows:


Sec.  63.14  Incorporations by reference.

* * * * *
    (b) * * *
    (28) ASTM D6420-99 (Reapproved 2004), Standards Test Method for 
Determination of Gaseous Organic Compounds by Direct Interface Gas 
Chromatography-Mass Spectometry, IBR approved for Sec. Sec.  
60.485(g)(5), 60.485a(g)(5), 63.772(a)(1)(ii), 63.2354(b)(3)(i), 
63.2354(b)(3)(ii), 63.2354(b)(3)(ii)(A), and 63.2351(b)(3)(ii)(B).
* * * * *
[FR Doc. E7-21814 Filed 11-15-07; 8:45 am]
BILLING CODE 6560-50-P