Federal Register/Vol. 63, No. 198/Wednesday, October 14 ...

55178 Federal Register / Vol. 63, No. 198 / Wednesday, October 14, 1998 / Proposed Rules

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 63

[AD–FRL–6164–2]

RIN 2060–AG91, 2060–AF06, 2060–AG94,2060–AF09, 2060–AE36

National Emission Standards forHazardous Air Pollutants: GenericMaximum Achievable ControlTechnology

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Proposed rule and notice ofpublic hearing.

SUMMARY: This consolidated rulemakingproposal includes several relatedelements. Today’s proposal wouldestablish a ‘‘Generic MACT Standards’’program to be utilized by the EPA inestablishing National EmissionStandards for Hazardous Air Pollutants(NESHAP) under section 112 of theClean Air Act (Act) for certain smallsource categories consisting of five orfewer sources. As part of this genericMACT program, the EPA is proposingan alternative methodology underwhich the EPA will make its maximumavailable control technology (MACT)determination for appropriate smallcategories by referring to previousMACT standards that have beenpromulgated for similar sources in othercategories. The basic purposes of theproposed generic MACT program are touse public and private sector resourcesefficiently, and to promote regulatoryconsistency and predictability in MACTstandard development.

In this consolidated rulemakingpackage, the EPA is also proposinggeneral control requirements for certaintypes of emission points for hazardousair pollutants (HAP), which will then bereferenced, as appropriate, in thegeneric MACT requirements forindividual source categories. Theseproposed general control requirementsare set forth in new proposed subpartsand would be applicable to storagevessels managing organic materials,process vents emitting organic vapors,leaks from equipment components. Inaddition, the EPA is proposing aseparate subpart of requirements forclosed vent systems, control devices,recovery devices and routing to fuel gassystems or a process.

Today’s consolidated rulemakingpackage also includes specific proposedMACT standards that have beendeveloped within the generic MACTframework for four specific sourcecategories that are included on theEPA’s list of categories for whichNESHAP are required. These proposalsinclude standards for acetal resins (AR)production, acrylic and modacrylic fiber(AMF) production, hydrogen fluoride(HF) production, and polycarbonate(s)(PC) production.DATES: Comments. Comments must bereceived on or before January 12, 1999.

Public Hearing. A public hearing willbe held, if requested, to provideinterested persons an opportunity fororal presentation of data, views, orarguments concerning the proposedgeneric MACT standards. If any personspecifically requests that a publichearing be held by November 4, 1998,a public hearing will be held onNovember 25, 1998 beginning at 10:00a.m.

Request to Speak at a Hearing. Anyrequest that a hearing be heldconcerning this proposed rule must besubmitted orally or in writing no laterthan November 4, 1998, by contactingMs. Dorothy Apple at (919) 541–4487,Policy Planning and Standards Group(MD–13), U.S. Environmental ProtectionAgency, Research Triangle Park, NorthCarolina 27711.ADDRESSES: Comments. Commentsshould be submitted (in duplicate, ifpossible) to: Air and Radiation Docketand Information Center (6102), (LE–131), Attention, Docket No. A–97–17,U.S. Environmental Protection Agency,401 M Street, SW, Washington, DC20460. All technical commentspertaining solely to individual sourcecategories should be submitted to thedockets established for the individualsource categories (see Docket forindividual docket numbers). The EPArequests that a separate copy ofcomments also be sent to Mr. David W.Markwordt (see FOR FURTHERINFORMATION CONTACT for address).

Comments and data may be submittedby electronic mail (e-mail) to: [email protected]. Electronic commentsmust be submitted as an ASCII file toavoid the use of special characters andencryption problems. Comments anddata will also be accepted on MicrosoftDOS formatted 3.5 inches high-densitydiskettes containing WordPerfect 5.1

or 6.1, or ASCII formatted files. Allcomments and data submitted inelectronic form must note the docketnumber: A–97–17 for nonsourcecategory-specific comments and data;and A–97–19 for AR production, A–97–18 for AMF production, A–96–54 for HFproduction, and A–97–16 for PCproduction source category-specificcomments and data. No confidentialbusiness information (CBI) should besubmitted by e-mail. Electroniccomments on this proposed rule may befiled online at many Federal DepositoryLibraries.

Public Hearing. The public hearing, ifrequired, will be held at the EPA’sOffice of Administration Auditorium,Research Triangle Park, North Carolina.Persons interested in attending thehearing should contact Ms. DorothyApple at (919) 541–4487, PolicyPlanning and Standards Group (MD–13), to verify that a hearing will be held.

Docket. A docket, No. A–97–17,containing information considered bythe EPA in the development of theproposed standards for the genericMACT, is available for public inspectionbetween 8:30 a.m. and 3:30 p.m.,Monday through Friday (except forFederal holidays), at the followingaddress: U.S. Environmental ProtectionAgency, Air and Radiation Docket andInformation Center (MC–6102), 401 MStreet SW., Washington DC 20460,telephone: (202) 260–7548. The EPA’sAir Docket section is located at theabove address in Room M–1500,Waterside Mall (ground floor). Docketsestablished for each of the sourcecategories proposed to be assimilatedunder the generic MACT standards withthis proposal include the following: (1)AR production (Docket No. A–97–19);AMF production (Docket No. A–97–18);HF production (Docket No. A–96–54);and PC production (Docket No. A–97–16). These dockets include sourcecategory-specific supportinginformation. The proposed standards,and supporting information areavailable for inspection and copying. Areasonable fee may be charged forcopying.FOR FURTHER INFORMATION CONTACT: Forinformation concerning the proposedstandards, contact the following at theEmission Standards Division (MD–13),U.S. Environmental Protection Agency,Research Triangle Park, North Carolina27711:

Information type Contact Group Phone/facsimile/e-mail address

Nonsource category-spe-cific.

David W. Markwordt ...... Policy, Planning and StandardsGroup.

(919) 541–0837/(919) 541–0942/[email protected].

55179Federal Register / Vol. 63, No. 198 / Wednesday, October 14, 1998 / Proposed Rules

Information type Contact Group Phone/facsimile/e-mail address

AR Production ................ John M. Schaefer .......... Organic Chemicals Group ................. (919) 541–0296/(919) 541–3470/[email protected].

AMF Production ............. Anthony P. Wayne ......... Policy, Planning and StandardsGroup.

(919) 541–5439/(919) 541–0942/[email protected].

HF Production ................ Richard S. Colyer .......... Policy, Planning, and StandardsGroup.

(919) 541–5262/(919) 541–0942/[email protected].

PC Production ................ Mark A. Morris ............... Organic Chemicals Group ................. (919) 541–5416/(919) 541–3470/[email protected].

SUPPLEMENTARY INFORMATION: Thisnotice, the proposed regulatory text, andsupporting documentation are availablein Docket No. A–97–17 or by requestfrom the EPA’s Air and RadiationDocket and Information Center (seeADDRESSES). This notice and theproposed regulatory text are alsoavailable on the Technology Transfer

Network (TTN) on the EPA’s electronicbulletin boards. The TTN providesinformation and technology exchange invarious areas of air emissions control.The service is free, except for the costof a telephone call. Dial (919) 541–5742for up to a 14,400 baud per secondmodem. For further information, contactthe TTN HELP line at (919) 541–5384,

from 1:00 p.m. to 5:00 p.m. Mondaythrough Friday, or access the TTN website at: http://www.epa.gov/ttn.

Regulated entities. Entities potentiallyregulated are those that produce AR,AMF, HF, and PC and are major sourcesof HAP as defined in section 112 of theAct. Regulated categories and entitiesinclude:

Category Regulated entitiesa

Industry ................................. Producers of homopolymers and/or copolymers of alternating oxymethylene units.Producers of either acrylic fiber or modacrylic fiber synthetics composed of acrylonitrile (AN) units.Producers of, and recoverers of HF by reacting calcium fluoride with sulfuric acid. For the purpose of implement-

ing the rule, HF production is not a process that produces gaseous HF for direct reaction with hydrated alu-minum to form aluminum fluoride (i.e., the HF is not recovered as an intermediate or final product prior to re-acting with the hydrated aluminum).

Producers of a special class polyester formed from any dihydroxy compound and any carbonate diester or byester exchange.

a This table is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be regulated by this action. Thistable lists the types of entities that the EPA is now aware could potentially be regulated by this action. Other types of entities not listed in thetable could also be regulated. To determine whether your facility, company, business, organization, etc., is regulated by this action, you shouldcarefully examine the applicability criteria in § 63.1104(a)(1), (b)(1), (c)(1), and (d)(1) of the rule. If you have questions regarding the applicabilityof this action to a particular entity, consult the person listed in the preceding FOR FURTHER INFORMATION CONTACT section.

The following outline is provided toaid in reading the preamble to theproposed generic MACT standards.

I. BackgroundA. Purpose of the Proposed StandardsB. Technical Basis for the Proposed

StandardsC. Stakeholder and Public Participation

II. Source Category ListIII. Basis for Generic MACT Approach

A. BackgroundB. RationaleC. Description of Alternative Approach

IV. Summary of Proposed StandardsA. Generic MACT Standards StructureB. Acetal Resins Production StandardsC. Acrylic and Modacrylic Fiber

Production StandardsD. Hydrogen Fluoride Production

StandardsE. Polycarbonates Production Standards

V. Summary of Environmental, Energy, andEconomic Impacts

VI. Emission Point General ControlRequirements

VII. Selection of MACT for ProposedStandards

A. MACT for Acrylic and Modacrylic FiberProduction

B. MACT for Hydrogen FluorideProduction

C. MACT for Polycarbonates Production

D. MACT for Acetal Resins ProductionVIII. Selection of FormatIX. Selection of Test Methods and ProceduresX. Selection of Monitoring, Inspection,

Recordkeeping, and ReportingRequirements

XI. Relationship to Other Standards andPrograms Under the Act

A. Relationship to the Part 70 and Part 71Permit Programs

B. Overlapping RegulationsXII. Solicitation of Comments

A. Alternative MACT DeterminationApproach

B. Emission Point Common ControlRequirements

XIII. Administrative RequirementsA. Public HearingB. DocketC. Executive Order 12866D. Enhancing the Intergovernmental

Partnership Under Executive Order12875

E. Paperwork Reduction ActF. Regulatory Flexibility ActG. Unfunded MandatesH. National Technology Transfer and

Advancement ActI. Protection of Children from

Environmental Health RisksJ. Executive Order 13084: Consultation and

Coordination with Indian TribalGovernments

XIV. Statutory Authority

I. Background

A. Purpose of the Proposed Standards

The Act was developed, in part,* * * to protect and enhance the quality ofthe Nation’s air resources so as to promotethe public health and welfare and productivecapacity of its population (the Act, section101(b)(1)).

Sources that would be subject to thestandards proposed for each of thesource categories (i.e., AR production,AMF production, HF production, PCproduction) with today’s notice aremajor sources of HAP emissions on theEPA’s list of categories scheduled forregulation under section 112(c)(1) of theAct. Major sources of HAP emissions arethose sources that have the potential toemit greater than 9.1 megagrams peryear (Mg/yr) (10 tons per year (tpy)) ofany one HAP or 22.7 Mg/yr (25 tpy) ofany combination of HAP. The HAP thatwould be controlled with today’sproposal are associated with a variety ofadverse health effects. Adverse healtheffects associated with HAP includechronic health disorders (e.g., cancer,aplastic anemia, pulmonary (lung)structural changes), and acute health


disorders (e.g., dyspnea (difficulty inbreathing), and neurotoxic effects.

The EPA chose to regulate the ARproduction, AMF production, HFproduction, and PC production sourcecategories under one subpart tostreamline the regulatory burdenassociated with the development ofseparate rulemaking packages. All ofthese source categories have 5 or fewermajor sources that would be subject tothe standards proposed with today’snotice. This subpart will be referred toas the ‘‘generic MACT standards’’subpart. The generic MACT standardssubpart has been structured to allowsource categories with similar emissionpoints and MACT control requirementsto be covered under one subpart.

B. Technical Basis for the GenericMACT Standards

Section 112 of the Act regulatesstationary sources of HAP. Section112(b) (as amended) of the Act lists 188chemicals, compounds, or groups ofchemicals as HAP. The EPA has beendirected by section 112 to regulate theemission of HAP from stationarysources by establishing nationalemission standards.

Section 112(a)(1) of the Act defines amajor source as:* * * any stationary source or group ofstationary sources located within acontiguous area and under common controlthat emits or has the potential-to-emit,considering controls, in the aggregate 10 tonsper year (tpy) or more of any HAP or 25 tpyor more of any combination of HAP.

The statute requires the EPA toestablish standards to reflect themaximum degree of reduction in HAPemissions through application of MACTfor major sources on the EPA’s list ofcategories scheduled for regulationunder section 112(c)(1) of the Act. TheEPA is required to establish standardsthat are no less stringent than the levelof control defined under section112(d)(3) of the Act (this minimal levelof control is referred to as the ‘‘MACTfloor.’’

For new sources, the maximumdegree of reduction in emissionsshall not be less stringent than the emissioncontrol that is achieved in practice by thebest controlled similar source, as determinedby the Administrator.

The EPA defines a similar source as asource that has comparable emissions,and a design and capacity structure,such that emissions from that sourcecan be controlled using the same controltechnology as applied to the givensource.

For existing sources in the samecategory or subcategory, standards may

be less stringent than standards for newsources in the same category orsubcategory but shall not be lessstringent, and may be more stringentthanthe average emission limitation achieved bythe best performing 12 percent of the existingsources (for which the Administrator hasemissions information) * * * in the categoryor subcategory for categories or subcategorieswith 30 or more sources, or * * * theaverage emission limitation achieved by thebest performing 5 sources (for which theAdministrator has or could reasonably obtainemissions information) in the category orsubcategory for categories or subcategorieswith fewer than 30 sources.

The following approach was used tocollect and evaluate informationpertaining to the proposed MACT forthe AR production, AMF production,HF production, and PC productionsource categories:

1. Established a stakeholder groupconsisting of representatives of theaffected industries, State and localagencies, and other interested parties(e.g., environmental groups, EPA).

2. Assembled available informationfrom previous studies within theAgency and from the affected industrieson the source category.

3. Collected additional information(e.g., site visits, existing Stateregulations) on the source category, asnecessary, for determining baseline HAPemissions and existing emissionscontrol.

4. Determined the affected source,control applicability criteria, and MACTfor the source category. The MACT foran individual source category wasdetermined based on availableinformation on existing emissionscontrol that applies to (1) sources withinthe source category, and (2) similarsources for which standards have beenpromulgated outside the source category(where practical).

Section III of this notice presents theEPA’s proposed rationale for andsummary of the EPA’s proposedapproach for determining MACT forsource categories with a limitedpopulation of sources. Discussion on theEPA’s rationale for, and determinationof, MACT under the generic MACTstandards for the AR production, AMFproduction, HF production, and PCproduction source categories ispresented in section VII of this notice.

C. Stakeholder and Public Participation

Representatives of the AR production,AMF production, HF production, andPC production industries;environmental groups; State and localagencies; and the EPA were consulted inthe development of the proposed

standards. Industry representatives wereasked to assist in data gathering,arranging site visits, and technicalreview. Documentation for stakeholderand public participation for the ARproduction, AMF production, HFproduction and PC productionstandards is included in the docket forthe proposed standards (Docket No. A–97–17). Source category-specificsupporting information is maintainedwithin dockets established for each ofthese source categories (see ADDRESSES).These dockets are cross referenced bythe generic MACT standards docket.

Representatives from other EPAoffices and programs were included inthe regulatory development process.These representatives’ responsibilitiesincluded the review of the proposedstandards. Their involvement ensuresthat the impacts of the proposedstandards to other EPA offices andprograms are adequately consideredduring the development process.

Additionally, this notice solicitscomment on the proposed standardsand offers a chance for a public hearingon the proposal (see ADDRESSESsection) in order to provide interestedpersons the opportunity for oralpresentation of data, views, orarguments concerning the proposedstandards and the generic MACTapproach.

II. Source Category ListAcetal resins production, AMF

production, HF production, and PCproduction are included in the EPA’slist of categories of major sources ofHAP emissions established undersection 112(c)(1) of the Act. The initiallist was published on July 16, 1992 (57FR 31576). An update of the list waspublished on June 4, 1996 (61 FR28202). Each of these source categorieshave 5 or fewer sources (i.e., plants) andare, with this proposal, the first sourcecategories proposed to be regulatedunder the proposed generic MACTstandards. The documentationsupporting the initial listing of thesesource categories is entitled‘‘Documentation for Developing theInitial Source Category List,’’ EPA–450/3–91–030, July 1992. A description ofeach of these source categories follows.

1. Acetal Resins Production SourceCategory

The AR production source categoryincludes any facility whichmanufactures homo polymers and/orcopolymers of alternating oxymethyleneunits. Acetal resins are also known aspolyoxymethylenes, polyacetals, andaldehyde resins. They are generallyproduced by polymerizing


formaldehyde (HCHO) with themethylene functional group (CH2) andare characterized by repeatingoxymethylene units (CH20) in thepolymer backbone. There are currently3 plants operating in the United States.

2. Acrylic and Modacrylic FibersProduction Source Category

The AMF production source categoryincludes any facility engaged in theproduction of either of the followingsynthetic fibers composed of AN:

(1) Acrylic fiber in which the fiber-forming substance is any long-chainsynthetic polymer composed of at least85 percent by weight of AN units; or

(2) Modacrylic fiber in which thefiber-forming substance is any long-chain synthetic polymer composed of atleast 35 percent but less than 85 percentby weight of AN units. There arecurrently 4 plants operating in theUnited States.

3. Hydrogen Fluoride Production SourceCategory

The HF production source categoryincludes any facility engaged in theproduction and recovery of HF byreacting calcium fluoride with sulfuricacid. For the purpose of the proposedstandards, HF production does notinclude any process that producesgaseous HF for direct reaction withhydrated aluminum to form aluminumfluoride. In these processes, HF is notrecovered as an intermediate or finalproduct prior to reacting with thehydrated aluminum. Facilities utilizingthese processes will be regulated undera separate MACT standard.

There are currently 2 HF productionplants operating in the United States,only one of which will be affected bythis rule. A third HF plant has beenindefinitely ‘‘mothballed’’ (shut downbut not dismantled, with the possibilityof resuming production in the future).

4. Polycarbonates Production SourceCategory

The PC production source categoryincludes any facility engaged in theproduction of a special class ofpolyester formed from any dihydroxycompound and any carbonate diester orby ester exchange. Polycarbonates maybe produced by solution or emulsionpolymerization, although other methodsmay be used. A typical method for themanufacture of PC includes the reactionof bisphenol-A with phosgene in thepresence of pyridine to form PC.Methylene chloride is used as a solventin this polymerization reaction. Thereare currently 5 plants operating in theUnited States.

Additional source categories that arescheduled for regulation no later thanNovember 15, 2000 that the EPA hasidentified as having 5 or fewer sourcesinclude the following:1. Alumina processing2. Ammonium sulfate production3. Antimony oxides manufacturing4. Asphalt/coal tar application—metal

pipes5. Carbonyl sulfide (COS) production

via carbon disulfide6. Carboxymethylcellulose production7. Cellophane production8. Cellulose ethers production9. Chromium refractories production10. Fume silica production11. Methylcellulose production12. Primary magnesium refining13. Rayon production14. Spandex production15. Steel foundries16. Uranium hexafluoride production

The EPA believes that there is apotential for many more of the sourcecategories scheduled for regulation nolater than November 15, 2000 to have alimited number (5 or fewer) of majorsources because of the existence ofsynthetic minor and area HAP sources.Identification of such source categorieswould be made when the initial datacollection and analysis is conducted foran individual source category during the‘‘presumptive MACT’’ (discussedbelow) process and/or in theinformation gathering and analysesstage of MACT development. Sourcecategories determined by the EPA toinclude a limited number (5 or fewer)major sources will be evaluated by theEPA according to the criteria describedbelow, to determine whether or not eachsource category is considered to be anappropriate candidate for assimilationin generic MACT standards.

If a listed source category on theEPA’s source category list for regulationis not promulgated by the scheduleddate for a given source category, section112(j)(2) requires major sources of HAPto apply for a permit (in States withapproved permit programs) within 18months and comply with emissionslimitations equivalent to MACT. Section112(g) requires compliance with MACTon a case-by-case basis for major newsources and source modifications whenno national MACT standard has been setby the EPA. In such cases, State andlocal permitting authorities are requiredto make case-by-case MACTdeterminations. Presumptive MACT isan estimate made within a limitedtimeframe based on a review ofavailable information of what theproposed MACT standard would be,and is intended to assist State and local

permitting authorities in making apossible case-by-case MACTdetermination.

III. Basis for Generic MACT Approach

In order to fulfill the requirements ofthe Act, the EPA is required to developstandards that reflect the maximumdegree of reduction in HAP emissionsthrough the application of MACT formajor sources. For new sources, the EPAis required to establish standards thatare no less stringent than the emissioncontrol that is achieved in practice bythe best controlled similar source(referred to as the ‘‘MACT floor’’ fornew sources). For existing sources, theEPA is required to establish standardsthat are no less stringent than theaverage emission limitation achieved bythe best performing 12 percent of theexisting sources in a category orsubcategory with 30 or more sources, orthe average emission limitationachieved by the best performing 5sources in a category or subcategorywith fewer than 30 sources (referred toas the ‘‘MACT floor’’ for existingsources).

The statute is somewhat ambiguouswith respect to the process forderivation of a MACT floor for existingsources in those instances where thesource category in question has fewerthan five major sources. In priorrulemakings, the EPA has derived aMACT floor for categories with fewerthan five sources directly, bydetermining the average emissionlimitation achieved by all sources in thecategory. However, while this approachto determining compliance with theMACT floor is clearly permissible, theEPA believes that derivation of a MACTfloor in this manner for small sourcecategories will generally be superfluousand uninformative with respect to theultimate determination of MACT itself.This is especially true in those instanceswhere the sources to be controlled areessentially the same types of sourcesrepeatedly evaluated by the EPA as partof the development of previous MACTstandards. In order to conserve limitedEPA resources, avoid duplication ofeffort, and encourage consistency in itsregulatory determinations, the EPA isnow proposing to establish analternative generic process fordetermining MACT for certain smallsource categories. This process willfocus primarily on extension of priorMACT determinations to additionalcategories and determine compliancewith MACT floor requirements bylogical inference rather than a separatequantitative analysis.


A. Background

Of 93 source categories on the EPAsource category list for which standardshave not yet been developed, 17 havebeen identified as having 5 or fewermajor sources. The tight schedule forestablishing MACT standards for 93source categories no later thanNovember 15, 2000 has required theEPA to assess and implement differentapproaches to streamline regulatorydevelopment efforts while continuing tomeet the objectives of the Act. Forexample, 20 source categories have beencombined for regulation under onerulemaking (i.e., the MiscellaneousOrganic NESHAP), and sourcecategories with similar emission pointsand characteristics have beenassimilated with others (e.g., thedodecanedioic acid production sourcecategory has been assimilated under theHazardous Organic NESHAP).

Under the statutory process, evenafter a MACT floor has beendetermined, the EPA must considercontrol options more stringent than thefloor. When considering controlrequirements beyond the floor, the EPAevaluates the relative cost of achievingdifferent levels of emissions reductions,non-air quality health andenvironmental impacts, and the energyrequirements of the controls. Theobjective of this consideration is toachieve the maximum degree ofemission reduction without imposingunreasonable economic or otherimpacts.

In deciding what level of emissioncontrol constitutes MACT for aparticular source category, the EPA isnot limited solely to evaluation of thesources in that category. Rather, the EPAwill consider its prior experience inderiving MACT requirements for similartypes of sources in other categories. Themore limited the population of sourcesin a category, the less likely that suchsources will be fully representative ofthe range of reasonably availableemission control technologies andstrategies. Furthermore, in a largersource category, the statutory MACTfloor determination is based on a subsetof the sources in the category which isdeliberately skewed toward greatercontrol. Thus, the smaller the sourcecategory, the lower the likelihood that aMACT floor determined within thecategory will be useful or informativewith respect to the determination ofMACT itself.

For example, averaging the HAPemission control level achieved by onewell-controlled source (e.g., vented to acontrol device achieving a HAPemission reduction of 95 percent by

weight) with two uncontrolled sources(i.e., HAP emission reduction efficiencyof zero percent by weight) would resultin an average HAP emission controlreduction level of approximately 32percent by weight. This calculated‘‘average’’ HAP emission control level isclearly below the HAP emission controllevel already demonstrated by a sourcein the source category, and is clearly notindicative of MACT for the source type.Selection of the median facility of thethree, which is uncontrolled, would alsohave little relevance to thedetermination of MACT itself. Even ifthe EPA were to declare that the MACTfloor is no control, the EPA would thenbe required to undertake a separateMACT analysis based on the generalpracticality of the control achieved atthe well-controlled source as well assimilar sources outside of the category.

B. RationaleFrom the above discussion, it is

apparent that, as a practical matter, thestatutory safeguard of the MACT floorbecomes less and less relevant to MACTitself as the size of a source categorydeclines. Given the large number ofsmall source categories scheduled forstandard development and the limitedtime remaining, the EPA would like tofocus its resources on the most relevantissues. Therefore, the Agency hasattempted to develop a policy for smallsource categories which identifies andrecognizes those instances where aseparate MACT floor analysis isunnecessary and compliance of theoverall MACT standard with the MACTfloor limitation may be reasonablyinferred.

There are two basic scenarios wherethe EPA can reasonably infer as part ofestablishing MACT that MACT floorrequirements have been satisfied. First,when the EPA intends to select a MACTstandard that coincides with the level ofcontrol achieved by the best controlledsource(s) in a category, it is self-evidentthat the MACT floor has been met, andit is clearly a waste of EPA resources toundertake a separate quantitative MACTfloor analysis based, in part, on controllevels at the less well controlledfacilities. This common sense principleis equally applicable to both small andlarge source categories.

Second, in those instances where theEPA will base its MACT standard for asmall category (five or fewer sources) onMACT standards previously establishedfor a larger group of demonstrablysimilar sources in other categories, it isalso reasonable to infer MACT floorcompliance without the need for adetailed new analysis. In each of theprior standards, the EPA will have

selected a MACT standard requiringcontrol equal to or greater than theMACT floor, and each of those MACTfloors will, in turn, have been derivedfrom a subset of the category consistingof the best-controlled facilities. Unlessthere is something about the nature ofthe sources in the small category thatundercuts the basic premise that it issimilar to the larger group of previouslyregulated sources, it is extremelyimplausible that the average controlachieved by the small group of sourceswould be better than the MACTstandards previously derived from thelarger universe of similar sources.

If the EPA adopts objective criteria forassessing the similarity of sources in asmall category to the larger group ofsources upon which its generic MACTstandards are based, and conducts aseparate MACT analysis rather thanadopting a generic standard wheneversources in the small category inquestion are shown to have achievedgreater control or to be otherwisedissimilar, the EPA believes that theadoption of generic MACT standardswill generally comport with statutoryrequirement.

It is apparent that a process thatapplies generically derived MACTrequirements to small groups of sourcesthat are similar in character to the largergroups of sources from which thegeneric standards were derived willconserve resources and will fosterregulatory predictability andconsistency. For the reasons explainedabove, the EPA believes that MACTstandards derived in this manner willalso comply with any applicable MACTfloor and otherwise meet statutoryrequirements. Although such aconclusion is logical, the EPA decidedthat it would be useful to test thisconclusion by comparing the resultslikely under this alternative approachwith actual standards promulgated inthe past.

In order to do this, the EPA reviewedand evaluated MACT standardspromulgated as of March of 1998 thatregulated source categories or sourcesubcategories with 5 or fewer majorsources. The EPA’s review andevaluation supports the EPA’s positionthat the control level established usingthe proposed alternative MACTdetermination approach would parallelthe control level that would beestablished under the conventionalMACT determination approach (refer toDocket No. A–97–17, Item No. II–B–7).

Although the EPA believes it issensible to address small sourcecategories through application ofgeneric standards derived from EPAexperience in setting prior standards,


the EPA will not automatically utilize ageneric standard approach for all smallcategories. If the EPA determines thatthe sources in a particular small sourcecategory are demonstrably different in amaterial way, a generic approach willnot be utilized in that instance. Factorsthat could cause the EPA to determinethat a source category is not anappropriate candidate for generic MACTinclude, but are not limited to, thefollowing: sources in the small categoryare dissimilar from the types of sourcesaddressed by generic standards, factorsspecific to the sources in questionsignificantly reduce or increase thepracticality of the specified genericemission controls, the sources presentunusual hazards of the sort that mayhave affected development of existingcontrol strategies, or the sources havealready achieved emission limitationsgreater than anticipated genericstandards.

The EPA will determine theappropriateness of assimilating aparticular small source category into itsgeneric standards on a case-by-casebasis. Moreover, as will be apparentfrom the discussion below, the EPAintends to establish a process that willenable early identification of any factorsthat make a small categoryinappropriate for inclusion in genericMACT.

C. Description of Alternative Approach

Under the EPA’s proposed alternativeMACT determination approach forsource categories with 5 or fewer majorsources, MACT would be establishedbased on (1) sources within thecategory, and (2) similar sources forwhich standards have been promulgatedoutside the source category. Indeveloping a streamlined approach forestablishing MACT when a sourcecategory has a limited population ofmajor sources, the EPA acknowledgedthat the following legal and proceduralissues needed to be addressed:

1. The approach needed to fulfill theAct’s intent of establishing MACT.

2. The approach needed to allow theEPA to establish specific enforceablestandards.

3. The approach needed to allow theEPA to develop appropriate monitoring,recordkeeping, and reportingrequirements.

4. The approach needed to includeprocedural steps to ensure appropriatedecision making, and input fromstakeholders.

The EPA’s proposed basic approachfor determining MACT for sourcecategories with a limited population ofmajor sources involves the following:

1. Establishment of a stakeholdergroup that consists of representatives ofthe affected industries, State and localagencies, and other interested parties(e.g., environmental groups, the EPARegional Offices).

2. Assembly of available informationfrom previous studies within theAgency and from the affected industrieson the source category.

3. Collection of additionalinformation (e.g., site visits, existingState regulations) on the sourcecategory, as necessary, for determiningbaseline HAP emissions and existingemissions control.

4. Determination of the affectedsource, control applicability criteria,and MACT for an individual sourcecategory based on available informationon existing emissions control thatapplies to (1) sources within thecategory, and (2) similar sources forwhich standards have been promulgatedoutside the source category (wherepractical and there is consensus amongthe stakeholders).

The EPA chose the presumptiveMACT process as the starting point forthe alternative MACT determinationbecause sufficient information would beavailable in the process to do an initialscreening of small major HAP sourcecategories (sources with five or fewermajor HAP sources) to determine theappropriateness of MACT based on thealternative MACT determinationapproach (e.g., identification of sourcecategory as a category with a limitednumber of major sources; identificationof HAP emission points, characteristics,and waste streams). If the EPA decidesthat the alternative MACTdetermination approach is appropriate,it will be implemented for that sourcecategory and standards for that sourcecategory would be assimilated under thegeneric MACT standards subpart. If it isdecided that it is not appropriate todetermine MACT for the source categorybased on the EPA’s alternativeapproach, the conventional MACTdetermination process will be utilized.Under the latter scenario, the sourcecategory-specific MACT standards maybe assimilated under the generic MACTstandards subpart or placed in aseparate subpart.

Based on the EPA’s establishment ofpreviously-promulgated MACTstandards, the determination of MACTgenerally consists of two basiccomponents: an ‘‘applicability’’ criteriacomponent and a ‘‘control requirement’’component. The applicabilitycomponent consists of identifying anddetermining the HAP emission pointswithin the source category that can andhave been controlled by emission

control technologies. The controlrequirement component is identifiedand determined by the emission controltechnology (or emission reduction) thatshould be applied to a selected sourceto achieve the maximum degree ofreduction in HAP emissions (taking intoconsideration the factors specified inthe Act).

The approach used to determine theapplicability component for existingand new source MACT is independentof the total number or sources in thesource category. This component ofMACT is determined based on thecharacteristics specific to an individualsource category (e.g., the type andquantity of HAP, size of storage vessel).Therefore, under the EPA’s proposedalternative MACT determinationapproach, the EPA would determine theapplicability component of MACT on asource category-specific basis, whichwould parallel what has beenimplemented for previously-promulgated NESHAP. For example, asmall fixed roof storage vesselcontaining a HAP with a low vaporpressure or at a low concentration maynot be a significant source of HAPemissions warranting additionalemissions control. In such cases, controlrequirement applicability would beestablished for the source category’sstorage vessels that would acknowledgelow-emitting storage vessels byexempting them from additionalcontrol, monitoring, recordkeeping, andreporting requirements.

The proposed alternative approachwould establish the control requirementcomponent based on MACTdeterminations made by the EPA underpreviously-promulgated NESHAP foremission point types sharing similarpollutant stream characteristics (e.g.,organic HAP emissions from storagevessels, process vents, wastewatertreatment systems, bulk organic liquidtransfer loading racks, fugitiveemissions from pump and valve leaks).

Under the proposed approach, theEPA would consider the followingfactors when determining whether it isappropriate to adopt generic control orsource reduction technologiesdemonstrated outside of an applicablesource category: (1) The volume andconcentration of emissions, (2) the typeof emissions, (3) the similarity ofemission points, (4) the cost andeffectiveness of controls for one sourcecategory relative to the cost andeffectiveness of controls for the othersource category, (5) whether a sourcehas unusual characteristics that mightrequire more or less stringent controls,and (6) whether any of the sources haveexisting emission controls that are


dissimilar and more stringent thancontrols required for similar sourcesoutside the source category. Thesefactors would be considered on a sourcecategory-specific basis in order toensure that sources are appropriatelysimilar, and that emissions controltechnologies and reductionsdemonstrated outside of a sourcecategory are achievable for new andexisting sources in an applicable sourcecategory. The proposed alternativeMACT determination approach wouldenable the EPA to determine MACTconsidering MACT determinationsmade by the EPA under previously-promulgated NESHAP for similar HAPemission point and source types sharingsimilar pollutant stream characteristics.

To assist in the implementation of theEPA’s proposed alternative MACTdetermination approach, the EPAidentified control technologies used inpreviously-promulgated NESHAP thatestablish standards specific to acommon group of sources or emissionpoints types (see Docket No. A–97–17,Item No. II–B–8). The controlrequirements selected for an emissionpoint, and control or recoveryequipment type are referred to hereafteras ‘‘common control requirements.’’

For example, at least seven MACTstandards have been promulgated by theEPA for individual source categoriesthat establish specific air emissioncontrol requirements for vessels storingliquids and other materials containingorganic HAP (40 CFR 63 subparts G, R,U, CC, DD, EE, and JJJ). The EPAbelieves that it is reasonable to groupthe HAP storage vessels represented bythese MACT determinations under asingle emission point type because,regardless of the type of productionprocess or operation with which thestorage vessels are associated, thestorage vessels have similar emissionmechanisms and control technologies.

Organic HAP emissions from fixed-roof storage vessels are generated by thesame emission mechanisms (e.g.,breathing losses resulting from diurnalchanges in ambient temperature,displacement of head space vaporswhen filling the storage vessel). Thequantity of emissions from a storagevessel is a function of the samecharacteristic properties (e.g., organicvapor pressure) of the material stored inother vessels containing organic HAP.Similarly, the same control technologyoptions are applicable to reducing theair emissions from fixed-roof storagevessels (e.g., retrofitting internal floatingroofs, or venting vapors to a controldevice). Thus, the EPA believes that itis reasonable to apply a common set ofcontrol requirements, defined by

existing MACT standards, to storagevessels sharing similar characteristics,regardless of the individual sourcecategory in which a storage vessel maybe designated as an affected source.Following this rationale, commoncontrol requirements can be selected forother types of HAP emission points thatshare similar HAP emissioncharacteristics.

As with previously-promulgatedNESHAP and this proposal, therationale for each MACT determinationmade for a small category pursuant tothe alternative methodology would bepresented in the preamble at the time ofproposal and opportunity for commentgiven. Additionally, the costs,economical, and other impacts would beassessed to ensure that unreasonableimpacts do not result from theimplementation of the proposed MACT.The EPA is soliciting comment on theproposed generic MACT program andapproach with this proposal (see sectionXII.A of the preamble).

IV. Summary of Proposed StandardsThe proposed standards for AR

production, AMF production, HFproduction, and PC production includerequirements that reflect existingemission point control requirements forsimilar sources, requirements that aresource category-specific, andrequirements that would apply to allsource categories that are regulatedunder the generic MACT standardssubpart (e.g., general recordkeeping,reporting, compliance, operation, andmaintenance requirements). SectionIV.A of this preamble presents thegeneric MACT standards subpartstructure, and sections IV.B throughIV.E present a summary of the proposedstandards applicable for each of thesource categories being assimilatedunder the generic MACT standards withthis proposal.

The proposed standards apply toprocess units and emission points thatare part of a plant site that is a majorsource as defined in section 112 of theAct. The applicability section of theregulation specifies what sourcecategories are being assimilated underthe generic MACT standards with thisproposal and defines the emissionpoints subject to the proposedstandards.

A. Generic MACT Standards StructureThe following discussion presents a

summary of the structure of theproposed generic MACT standards.

1. Applicability. The proposed genericMACT standards have been structuredto allow source categories with similaremission points and MACT control

requirements to be covered under onesubpart. The applicability sectionspecifies the source categories andaffected source for each of the sourcecategories subject to the generic MACTstandards. This section also clarifies theapplicability of certain emission pointprovisions for which both the genericMACT standards subpart and otherexisting Federal regulations mightapply.

2. Definitions. The definitions sectionspecifies definitions that apply acrosssource categories.

3. Compliance schedule. Thecompliance schedule section providescompliance dates for new and existingsources.

4. Source category-specificapplicability, definitions, andstandards. The source category-specificapplicability, definitions and standardssection specifies the definitions, andstandards that apply to an affectedsource based on applicability criteria,for each source category.

5. Applicability determinationprocedures and methods. Theapplicability determination proceduresand methods section providesprocedures for an owner or operator ofan affected source to follow whendetermining control requirements underthe standard applicability section of therule. Standard applicabilitydetermination procedures (asapplicable) are footnoted in the standardrequirement applicability tablesspecified for each source category.

6. Generic standards and proceduresfor approval for an alternative means ofemissions limitation. The remainingsections of the proposed rule containprovisions that would apply acrosssource categories within the genericMACT subpart. These provisionsinclude generic compliance,maintenance, monitoring,recordkeeping, and reportingrequirements. An alternative means ofemission limitation to the design,operational, work practice, orequipment standards specified for eachsource category within the genericMACT subpart may also be establishedas provided in § 63.1113 of 40 CFR Part63, subpart YY (Generic MACTStandards).

B. Acetal Resins Production StandardsThe AR production standard consists

of standards that regulate HAPemissions from storage vessels storingprocess feed materials, process vents,process wastewater treatment systems,and equipment leaks from compressors,agitators, pressure relief devices,sampling connection systems, open-ended valves or lines, valves,


connectors, and instrumentationsystems. Requirements would be thesame for both existing and new sources.

Storage vessels. Storage vessels withspecified sizes that store materials withspecified vapor pressures would berequired to control HAP emissions byusing an external floating roof equippedwith specified primary and secondaryseals; by using a fixed roof with aninternal floating roof equipped withspecified seals; or by covering andventing emissions through a closed ventsystem to one of the following:

1. A recovery device or an enclosedcombustion device that achieves a HAPcontrol efficiency ≥95 percent.

2. A flare.Process vents from continuous unit

operations (back end and front endprocess vents). Front end process ventswould be required to control HAP orTOC emissions by venting emissionsthrough a closed vent system to a flare,or venting emissions through a closedvent system to any combination ofcontrol devices that reduces emissionsof HAP or TOC by 60 percent by weightor to a concentration of 20 parts permillion by volume (ppmv), whichever isless stringent. Back end process ventswith a total resource effectiveness indexvalue (TRE) less than 1.0 would berequired to control HAP or TOCemissions by venting emissions througha closed vent system to a flare, orventing emissions through a closed ventsystem to any combination of controldevices that reduces emissions of HAPor TOC by 98 percent by weight or toa concentration of 20 parts per millionby volume (ppmv), whichever is lessstringent; or by achieving andmaintaining a TRE index value greaterthan 1.0.

Wastewater treatment systems.Process wastewater treatment systemswith wastewater streams with anaverage HAP concentration ≥10,000parts per million by weight (ppmw) atany flow rate, or an average HAPconcentration ≥1,000 ppmw and anannual average flowrate ≥10 liters perminute would be required to controlHAP emissions by covering (e.g., with afloating roof cover, or a floatingmembrane cover), and ventingemissions through a closed vent systemto one of the recovery or control devicesspecified for control of emissions fromstorage vessels. For individual drainsystems, an owner or operator also hasthe option of using hard-piping tocontrol HAP emissions.

Equipment leaks. For equipmentcontaining or contacting HAP inamounts ≥5 percent, HAP emissionswould be required to be controlledthrough the implementation of a leak

detection and repair (LDAR) program foraffected equipment.

C. Acrylic and Modacrylic FibersProduction Standards

The AMF production standardsconsist of standards that regulate ANemissions from storage vessels storingprocess feed materials, process vents,fiber spinning lines, process wastewatertreatment systems; and equipment leaksfrom compressors, agitators, pressurerelief devices, sampling connectionsystems, open-ended valves or lines,valves, connectors, or instrumentationsystems. Requirements for individualsources would be the same for bothexisting and new sources.

As an alternative to these individualsource requirements, an owner oroperator of an affected AMF productionfacility can comply with the rule bycontrolling facility-wide AN emissions(not including equipment leaks asidentified above) to a level such thatemissions do not exceed 0.5 kilogramsof AN per megagram (Mg) of fiberproduced (1.0 pound AN per ton of fiberproduced) for existing sources, and 0.25kilograms of AN per Mg of fiberproduced (0.5 pounds AN per ton offiber produced) for new sources.

Storage vessels. Storage vesselemissions storing process feed materialwould be required to control ANemissions by using an external floatingroof equipped with specified primaryand secondary seals; using a fixed roofwith an internal floating roof equippedwith specified seals; or by ventingemissions through a closed vent systemto one of the following:

1. A recovery device that achieves aHAP control efficiency ≥95 percent;

2. An enclosed combustion controldevice that achieves a HAP controlefficiency ≥98 percent; or

3. A flare that meets the EPA designand operation specifications of 40 CFR60.18.

Process vents from continuous unitoperations. Process vents with ventstreams with an average flow rate ≥0.005 cubic meters per minute and a ANconcentration ≥50 ppmv would berequired to control HAP emissions byventing vapors through a closed ventsystem to a recovery or control devicethat reduces emissions of HAP or TOCby 95 or 98 percent by weight or to aconcentration of 20 ppmv, whichever isless stringent. If the controlled ventstream is halogenated, emissions arerequired to be vented to a halogenreduction device that reduces hydrogenhalides and halogens by 99 percent byweight or to less than 0.45 kg/hr eitherprior to or after (other than by using a

flare) reducing the HAP or TOC by 98percent by weight.

Fiber spinning lines. Fiber spinninglines using spinning solution or spindope with an AN concentration ≥100parts per million (ppm) are required toreduce AN emissions by 85 percent byweight or more by enclosing thespinning and washing areas of thespinning line and venting to a controland/or recovery device.

Wastewater treatment systems.Process wastewater treatment systemswith an annual average ANconcentration ≥10,000 ppmw at anyflow rate, or an annual average ANconcentration ≥1,000 ppmw and anannual average flowrate ≥10 liters perminute would be required to controlHAP emissions from those unitsmanaging wastewater by covering (e.g.,with a floating roof cover, or a floatingmembrane cover), and venting througha closed vent system to one of therecovery or control devices specified forcontrol of emissions from storagevessels. For individual drain systems,an owner or operator also has the optionof using hard-piping to control HAPemissions.

Equipment leaks. For equipmentcontaining or contacting AN in amounts≥10 percent by weight, HAP emissionswould be required to be controlledthrough the implementation of a LDARprogram for affected equipment.

D. Hydrogen Fluoride ProductionStandards

The HF production standards consistof standards that regulate HAPemissions from storage vessels; processvents on HF recovery and refiningvessels; bulk loading of HF liquid intotank trucks and railcars; kilns used toreact calcium fluoride with sulfuricacid; and equipment leaks fromcompressors, agitators, pressure reliefdevices, sampling connection systems,open-ended valves or lines, valves,connectors, or instrumentation systems.Requirements would be the same forboth existing and new sources.

Storage vessels and transfer racks.Storage vessels and transfer loadingracks would be required to control HFemissions by venting to a recoverysystem or wet scrubber that achieves a99 percent by weight removal efficiency.

Process vents from continuous unitoperations. Process vents for HFrecovery and refining would be requiredto control HF emissions by ventingemissions to a wet scrubber thatachieves a 99 percent by weight HFremoval efficiency.


Kilns. Kilns used to react calciumfluoride with sulfuric acid would berequired to capture HF emissions andvent emissions to a wet scrubber thatachieves a 99 percent by weight HFremoval efficiency during emergencies.

Equipment leaks. All equipment leakswould be controlled through a LDARprogram.

E. Polycarbonates Production StandardsThe PC production standards consist

of standards that regulate HAPemissions from process vents from batchand continuous unit operations, storagevessels, process wastewater treatmentsystems, and equipment leaks fromcompressors, agitators, pressure reliefdevices, sampling connection systems,open-ended valves or lines, valves,connectors, and instrumentationsystems that are not already subject tothe hazardous organic NESHAP (HON).Different requirements and applicabilitycriteria apply for existing and newsources.

Storage vessels. Storage vessels withspecified sizes that store materials withspecified vapor pressures would berequired to control HAP emissions byusing an external floating roof equippedwith specified primary and secondaryseals; by using a fixed roof with aninternal floating roof equipped withspecified seals; or by covering andventing emissions through a closed ventsystem to any of the following controldevices:

1. A recovery device that achieves aHAP control efficiency ≥95 percent;

2. An enclosed combustion controldevice that achieves a HAP controlefficiency ≥95 or 98 percent (dependingon the vapor pressure of containedliquid and storage vessel size); or

3. A flare.Some vessels must use a closed ventsystem and recovery or control device,based on vessel size dn the vaporpressure of the stored material.

Process vents from batch unitoperations. Process vents from batchunit operations that emit 11,800kilograms or more per year (kg/yr) ofHAP, and that have a vent stream flowrate less than the cutoff flow rate, arerequired to control emissions fromprocess vents by an aggregated 90percent by weight or to a TOCconcentration of 20 ppmv per batchcycle.

Wastewater treatment systems atexisting sources. Process wastewatertreatment systems with wastewaterstreams with an average HAPconcentration ≥10,000 ppmw at anyflow rate, or with an average annualHAP concentration ≥1,000 ppmw andan annual average flowrate ≥10 liters per

minute would be required to controlHAP emissions by covering (e.g., with afloating roof cover, or a floatingmembrane cover), and ventingemissions through a closed vent systemto one of the recovery or control devicesspecified for control of emissions fromstorage vessels. For individual drainsystems, an owner or operator also hasthe option of using hard-piping tocontrol HAP emissions.

Equipment leaks. For equipmentcontaining or contacting HAP inamounts ≥5 percent, HAP emissionswould be required to be controlledthrough the implementation of an LDARprogram for affected equipment.

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

In the decision process fordetermining MACT for an individualsource category, the EPA andstakeholder group members (asapplicable) consider the cost ofachieving MACT and associatedemissions reductions, and any nonairquality health and environmentalimpacts and energy requirements.

Impacts are determined relative to thebaseline that is set at the level of controlin absence of the rule. Environmentalimpacts from the application of thecontrol or recovery devices proposed forthe subject source categories include thereduction of HAP and VOC emissions,increases in other air pollutants, anddecreases or increases in waterpollution and solid waste. Although theintent of the proposed standards is toreduce HAP emissions, the control oforganic HAP emissions would alsoresult in the control of non-HAP andHAP VOC for the AR production, AMFproduction, and PC production sourcecategories. There is a potential for aslight increase in emissions of CO andNOX resulting from the on-sitecombustion of fossil fuels as part ofcontrol device operations. Impacts forwater pollution and solid waste, andincreases in energy use from the use ofcontrol devices, would be negligible.

The EPA believes that there would beminimal, if any, adverse environmentalor energy impacts associated with theproposed standards for the ARproduction, AMF production, HFproduction, or PC production sourcecategories. This belief is supported byprevious impacts analyses associatedwith the application of the control andrecovery devices that would be requiredunder the proposed standards, and bythe fact that each of these sourcecategories have only 5 or fewer majorsources.

The cost and economic impacts of theproposed standards for the AR

production, AMF production, HFproduction, and PC production sourcecategories have been estimated by theEPA to be insignificant or minimal. TheMACT cost and economic impactssupporting the EPA’s conclusion foreach of these source categories arepresented in the economic analyses foreach of these source categories. Theeconomic analyses for each of thesesource categories can be obtained fromthe dockets established for these sourcecategories (see ADDRESSES).

VI. Emission Point Common ControlRequirements

The EPA promulgated standardrequirements for selected emissionpoints (i.e., containers, surfaceimpoundments, oil-water separators andorganic-water separators, tanks,individual drain systems) in individualsubparts under the Off Site Waste andRecovery NESHAP. This was done forease of reference, administrativeconvenience, and as a step towardsassuring consistency in the technicalrequirements of the air emission controlrequirements applied to similaremission points under differentregulations. These subparts do notspecify emissions reductionperformance requirements orapplicability cutoffs. Emissionsreduction performance requirementsand applicability cutoffs would bespecified in the subpart that referencesthese subparts.

By establishing emission point andemissions control specific subparts, thegeneric MACT regulation (and otherregulations) can reference a common setof design, operating, testing, inspection,monitoring, repair, recordkeeping, andreporting requirements for air emissionscontrols. This eliminates the potentialfor duplicative or conflicting technicalrequirements, and assures consistencyof the air emission requirements appliedto similar emission points. Creatingemission point-specific subparts and asubpart for closed vent systems, controldevices, and routing to a fuel gas systemor process simplifies the amendmentprocess and ensures that all regulationsthat cross reference the use of suchsubparts are amended in a consistentand timely manner. Additionally, asubset of these subparts can be crossreferenced and exceptions can be madewithin the referencing subpart.Therefore, these subparts do not limitthe flexibility to address sourcecategory-specific needs.

The EPA reviewed the MACTdeterminations used for each of theNESHAP subparts promulgated forindividual source categories prior toOctober 1996 under 40 CFR part 63. The


majority of these NESHAP regulatesource categories having pollutantstreams containing gaseous organicHAP. To date, NESHAP for a few sourcecategories have been promulgated tocontrol emissions of specific metalslisted as HAP or particulate mattercontaining HAP. Thus, the EPA decidedto focus initially on the selection ofcontrol requirements for source typesemitting gaseous organic HAP.

In a number of cases, standards havebeen established by the EPA underNESHAP for different source categoriesthat regulate organic HAP emissionsfrom the same emission point type, suchas storage vessels storing volatileorganic liquids, process vent gasstreams, leaks from equipmentcomponents used in organic liquidservice. Thus, MACT determinationsthat the EPA has made for theseNESHAP rulemakings can be grouped

together by HAP emission point typeshaving similar pollutant streamcharacteristics.

The EPA has identified the followingindividual emission point types forwhich specific standards have beenestablished under more than oneNESHAP: storage vessels, process vents,bulk organic liquid transfer loadingoperations, equipment leaks, andcontainers. In addition, a number of theexisting NESHAP address organic HAPemissions from individual drainsystems, wastewater storage vessels, oiland water separators, and surfaceimpoundments collectively understandards related to the collection andtreatment of wastewater containingorganics. Therefore, the EPA decidedthat it is appropriate to group theseemission points together in a singleemission point category called ‘‘organicwastewater treatment facilities.’’

Common control requirementsselected by the EPA for specific organicHAP emission point types andindividual subparts are presented intable 1. Note that clarifying additions orimprovements to previously-promulgated standards were made whendeveloping the common controlrequirements. For example, 40 CFR Part63, Subpart WW (National EmissionStandards for Storage Vessels—ControlLevel 2) includes options for controllingemissions for slotted guidepoles. Acomplete description of the informationupon which these common controlrequirement selections are based ispresented in a technical memorandumavailable in the docket for thisrulemaking No. A–97–17, Item No. II–B–8).

BILLING CODE 6560–50–P


BILLING CODE 6560–50–C


Today’s document proposesadditional standard requirementsubparts for equipment leaks (40 CFRpart 63, subparts TT and UU), storagevessels (40 CFR part 63, subpart WW),and closed vent systems, controldevices, recovery devices and routing toa fuel gas system or process (40 CFRpart 63, subpart SS). As with thecommon control requirement subpartspreviously promulgated together withthe Off Site Waste NESHAP, thesesubparts provide technical requirementsonly and do not specify applicabilitycutoffs or emissions reductionperformance requirements. The EPA issoliciting comment on the proposedemission point-specific subparts, andclosed vent system, control devices, androuting to a fuel gas system or processsubpart with this proposal (see sectionXII.B of the preamble).

VII. Selection of MACT for ProposedStandards

The MACT selection rationale for theAMF production, HF production, PCproduction, and AR production sourcecategories is presented in the followingsections. The control component ofMACT for the AMF production sourcecategory affected source emission pointswas determined based on the genericMACT approach. The controlcomponent of MACT for the HFproduction source category affectedsource emission points was determinedusing the EPA’s traditional MACT floorapproach. The control component ofMACT for the AR production sourcecategory affected source emission pointswas determined using the EPA’straditional MACT floor approach forfront end process vents from continuousunit operations, and the generic MACTapproach was used for determiningMACT for back end process vents fromcontinuous unit operations, wastewaterfacilities, and equipment leaks. Thecontrol component of MACT for the PCproduction source category affectedsource emission points was determinedusing the EPA’s traditional MACT floorapproach for storage vessels and processvents from continuous unit operations,and the generic MACT approach wasused for determining MACT for processvents from batch unit operations,wastewater facilities, and equipmentleaks.

A. MACT for Acrylic and ModacrylicFiber Production

The AMF fibers production sourcecategory consists of facilities engaged inthe production of synthetic fiberscomposed of AN. Acrylic fibers aredefined as a manufactured fiber inwhich the fiber-forming substance is

any long chain synthetic polymercomposed of at least 85 percent byweight of AN units. Modacrylic fibersare composed of less than 85 percentbut at least 35 percent by weight of ANunits. Acrylic and modacrylic fibers areused to produce textile products andsome types of carbon fibers.

Four companies operate AMFproduction facilities in the UnitedStates. These facilities are located inAlabama, Florida, and South Carolina.Two of the AMF production facilitiesare part of textile manufacturing plants.The manufacture of textile productsusing AMF has undergone considerablecontraction in the past decade (i.e.,plant closings). The other two facilitiesare integrated with carbon fibermanufacturing plants. Carbon fibermanufacturing is a relatively newindustry, having only been developedduring the past decade, and appears tobe an expanding industry.

The principal HAP associated withthe existing AMF plants is AN. OtherHAP such as dimethylformamide,cyanide compounds, vinyl chloride,vinyl bromide, vinylidine chloride, orvinyl acetate may also be present insmall quantities. These HAP aretypically the comonomers used in themanufacture of acrylic polymer. Someof these pollutants are considered to beknown or probable human carcinogenswhen inhaled, and can causeirreversible toxic effects followingexposure. These effects includerespiratory and skin irritation, varioussystemic effects including damage to theliver, blood, reproductive organs, andcentral nervous system, and in extremecases, death.

Acute (short-term) exposure to ANcan cause low-grade anemia withelevated white blood cell counts, bluishskin color, kidney irritation, and severeburns to the skin from dermal exposure.Chronic exposure to AN can result inheadaches, fatigue, nausea, and muscleweakness. AN has also been classifiedas a probable human carcinogen.

Acute exposure to vinyl chloridethrough the air can result in affects tothe central nervous system such asdizziness, headaches, and giddiness.Chronic exposure to vinyl chloridethrough inhalation and ingestion cancause ‘‘vinyl chloride disease,’’ which ischaracterized by liver damage, effects onthe lungs, poor circulation in thefingers, changes in the bones at the endof the fingers, thickening of the skin,and changes in the blood. Vinylchloride is classified as a humancarcinogen.

Acute exposure to vinyl acetate byinhalation leads to irritation of the eyesand upper respiratory tract. Chronic

exposure to vinyl acetate throughinhalation may result in respiratoryirritation, cough, and hoarseness. TheEPA has classified vinyl acetate as apossible human carcinogen.

The production of AMF involvespolymerization reaction processes(either solution or suspensionpolymerization), wet or dry solventspinning, solvent recovery, and fiberprocessing (such as washing, stretching,crimping, drying). The sources of HAPemissions from these operationsinclude: (1) Storage vessels used to storeAN monomer and comonomers; (2)process vents on reactors, vessels, andstorage vessels used for acrylicpolymerization, monomer recovery,fiber spinning, and solvent recoveryoperations; (3) AMF spinning lines thatare sources of process fugitive emissionsfrom spinning or fiber processingoperations; (4) wastewater treatmentsystems used to manage the wastewatercontaining AN generated by the AMFproduction process; and (5) leaks fromequipment components used to handleAN monomer and comonomers.

The EPA chose to determine MACTfor AMF production facilities based onthe control of pollutant streamscontaining AN. This pollutant is theprincipal HAP associated with andemitted from AMF production facilities.Other organic HAP constituents, ifpresent, would only be associated withthose pollutant streams containing ANwith the exception of raw materialstorage. The EPA expects that control ofsources emitting AN will also achievecomparable levels of control for otherorganic HAP emitted from AMFproduction facilities.

1. AN storage vessels. The capacitiesof the storage vessels associated withAMF fibers production at textile plantstypically are greater than 100,000gallons for AN monomer and 20,000gallons for comonomers. At carbon fiberplants, use of storage vessel sizes in therange of 25,000 gallons for AN storageis typical. All of these storage vesselsare used strictly for monomer orcomonomer feedstock storage with nomixing, blending, or heating of thematerial contained in the storage vessel.During summer months under typicalAN storage conditions at the existingfacilities, the maximum vapor pressureof AN can exceed 20 kPa.

The characteristics of storage vesselsused in the AMF industry are notunique. The AN storage vesselcapacities and vapor pressures aresimilar to storage vessel characteristicsfor which the EPA has alreadydetermined MACT to be the level ofcontrol that would be achieved byapplying Control Level 2 storage vessel


common control requirements(described in section VI of this notice).Because of these similarities, the EPAconcluded that the Control Level 2storage vessel common controlrequirements are appropriate to use asMACT for AN storage vessels at AMFproduction facilities (see Docket No. A–97–17, Item No. II-B–8).

2. AN process vents. At AMFproduction plants there are a number ofprocess vent streams containing AN.Within suspension polymerization andfiber production, there are two generalprocess vent types: (1) vents associatedwith the monomer recovery system (i.e.,the vacuum flash vent or the slurrystripper condenser vent), and (2) ventsassociated with polymer filtering,dewatering, and drying operations (i.e.,the vacuum pump filter vents and thepolymer dryer exhausts). Solventrecovery operations utilizing distillationoperations have associated processvents, typically the condenser exhaust.Some polymerization reactors havevents which are potential organic HAPemission points.

The properties of the continuousprocess vent streams containing AN aresimilar to the process streamcharacteristics for which the EPA hasalready determined MACT to be thelevel of control that would be achievedby applying the process vent commoncontrol requirements described insection V.D of today’s notice. Because ofthese similarities, the EPA concludedthat the process vent common controlrequirements are appropriate to use asMACT for process vents on equipmentused for acrylic polymerization,monomer recovery, fiber spinning, andsolvent recovery operations at AMFproduction facilities. (see Docket No. A–97–17, Item No. II-B–8).

3. AN fiber spinning lines. During thespinning process, unreacted monomerand the organic solvent used to dissolvethe polymer are volatilized into room airand vented to the atmosphere. Majorprocess fugitive emission points includethe filtering, spinning, washing, drying,and crimping steps.

The EPA considered severalalternative control approaches as MACTfor the fiber spinning lines. Emissions ofAN from a fiber spinning line could becontrolled by capture and subsequentrouting to an incinerator. One option isto require an overall reduction of ANemissions without specifying anindividual capture efficiency and/orcontrol device performance level. Asecond option is to specify both captureefficiency and control deviceperformance level. Both of these optionsrequire an enclosure over the spinningand washing areas of the spinning line

and venting the enclosure to anappropriate control device. This is thetechnical basis for the acrylic andmodacrylic fiber new sourceperformance standards (NSPS) in 40CFR 60, subpart HHH. However, whiletechnically feasible, some owners andoperators would prefer not to enclosetheir fiber spinning lines. Therefore, athird option is to use processmodifications to reduce the amount ofresidual AN monomer available forvolatilization during spinningoperations. Considerable efforts havebeen made on the part of some plantsto significantly reduce the amount ofresidual AN monomer in the fiberspinning solution. By reducing the ANcontent prior to spinning and fiberprocessing, this source reductiontechnique reduces the amount of ANthat is ultimately volatilized into theroom air and emitted to the atmosphere.The alternative to this is to not enclosethe spinning lines and to vent the verylow concentration AN exhaust air to acontrol device that is capable ofadequately handling the high volume,low concentration gas stream.

The properties of the spinning lineexhaust streams containing AN aresimilar to the process vent streamcharacteristics for which the EPA hasalready determined MACT to be thelevel of control that is achieved byapplying the process vent commoncontrol requirements (described insection V.D of this notice). Because ofthese similarities, the EPA concludedthat MACT for fiber spinning lines usinga spinning solution or spin dope havinga total organic HAP concentration equalto or greater than 100 ppmw is use ofan enclosure around the spinning andwashing areas of the spinning line andventing of the enclosure to anappropriate control device to achieve anoverall AN emission reduction greaterthan or equal to 85 percent by weight(see Docket No. A–97–17, Item No. II–B–8). This value is based on theassumption that the enclosure achievesa minimum capture efficiency of 90percent by weight and the capturedvapor stream is routed to an organicrecovery or destruction control devicethat achieves a total HAP reduction of95 percent by weight or greater. Thealternative means of emission limitationoption allows owners or operators theflexibility to establish an alternative(e.g., a maximum limit on the ANcontent of the spinning monomer whichwould provide a comparable level of ANemission control) to enclosing theirspinning lines and venting to a controldevice.

4. AN wastewater facilities. At theacrylic and modacrylic textile fiber

plants, significant quantities ofwastewater containing AN are generated(i.e., millions of gallons per day). Majorpoints of wastewater generation are thepolymer washing, filtering, anddewatering steps and the monomerrecovery unit separation storage vessels.All of these emission sources areassociated with the suspensionpolymerization process. Solutionpolymerization does not generatecomparable quantities of wastewaterbecause there are no slurry strippingand polymer washing steps. Potentialemission points related to wastewatertreatment, storage, and collectioninclude the individual drain systems,open surface impoundments(equalization basin), bio-treatment units,and wastewater filter system.

The AN concentration, flow rates andother properties of the wastewaterstreams containing AN from acrylic ormodacrylic fiber production processesare similar to the wastewater streamscontaining organic HAP in other sourcecategories for which the EPA hasalready determined MACT to be thelevel of control that is achieved byapplying the wastewater treatmentfacility common control requirementsdescribed in section VI of this preamble.Because of these similarities, the EPAconcluded that the wastewatertreatment facility common controlrequirements are appropriate to use asMACT for wastewater treatment systemsused to manage the wastewatercontaining AN generated by the acrylicor modacrylic fiber production process(see Docket No. A–97–17, Item No. II–B–8).

5. AN equipment leaks. Fugitive ANemissions from equipment leaks (e.g.,pump shafts and valve stems) also occurduring production of AMF. Theequipment components and theproperties of the AN equipment leakemissions are similar to the equipmentcomponent characteristics in othersource categories for which the EPA hasalready determined MACT to be thelevel of control that is achieved byapplying the equipment leak commoncontrol requirements described insection V.D of this preamble. Because ofthese similarities, the EPA concludedthat the equipment leak commoncontrol requirements under 40 CFR part63, subparts TT or UU are appropriateto use as MACT for leaks fromequipment components used to handleAN monomer and comonomers at AMFproduction facilities (see Docket No. A–97–17, Item No. II–B–8).


B. MACT for Hydrogen FluorideProduction

The HF production source categoryconsists of facilities engaged in theproduction and recovery of HF byreacting calcium fluoride with sulfuricacid. Three companies own HFproduction facilities in the UnitedStates. These facilities are located inKentucky, Louisiana, and Texas.Currently, two of the facilities areproducing HF and the third facility (inKentucky) is temporarily shutdown butmay resume production in the future.

The only HAP emitted from theprocess is HF. Exposure to HF can causeinjury through inhalation, directcontact, or ingestion. Acute exposure toHF will result in irritation, burns,ulcerous lesions, and localizeddestruction of the tissues (necrosis) ofthe eyes, skin, and mucous membranes.

The potential sources of HF emissionsat these facilities are: 1) process ventson HF recovery and refining equipment,2) storage vessels used to store HF, 3)bulk loading of tank trucks and tank railcars, 4) leaks from HF handlingequipment, and 5) reaction kiln sealleaks.

Owners and operators of HFproduction facilities have strong workersafety and economic incentives toprevent or control HF emissions fromthese sources. At all facilities,comprehensive worker safety programsare implemented to prevent anyexposure of plant personnel to HFbecause even mild exposure to HF vaporcan cause eye and respiratory systemirritation. Furthermore, prevention ofHF losses provides increased revenuefrom maximizing the recovery of asalable product and cost savings fromminimizing the damage to processequipment due to HF corrosion.Consequently, all of the HF productionfacilities in the United States currentlyare well controlled for HF emissions,and MACT is inherently defined bythese air emission control measures.

The MACT for this source categorywas selected for each type of emissionpoint by identifying the best emissioncontrol currently used in the industry,obviating the need for any floordetermination. In addition, the EPAknows of no other air emission controlmeasures in the industry or alternativeHF production processes that wouldresult in lower HF emissions, and thusother alternatives were not considered.

1. Hydrogen fluoride process vents. Atall three existing facilities, refrigeratedcondensers and caustic scrubbers areused to remove HF from the reactionkiln overhead gas stream as part of thecrude HF recovery and refining

operations. The HF gases exhaustedfrom process vents on HF recovery andrefining equipment are routed to wetscrubbers. Because HF is very watersoluble, HF gases are effectivelycontrolled by scrubbing. Each of theexisting wet scrubbers achieves an HFemission reduction of at least 99percent. Therefore, the EPA selectedMACT for process vents to be therouting of the HF gases exhausted fromprocess vents on HF recovery andrefining equipment to a wet scrubberachieving a HF removal efficiency of 99percent or more.

2. Hydrogen fluoride storage vessels.Storage vessels used to store HF arecurrently controlled for HF emissions atall three existing facilities. At two ofthese facilities, HF gases from thestorage vessels are routed to either thesame or identical wet scrubbers that areused to control the process ventemissions. At the third plant, the storagevessels are equipped with pressurerelief devices vented to a wet scrubberthat achieves an HF emission reductionof at least 80 percent. The EPA selectedMACT for storage vessels to be ventingof each storage vessel to a wet scrubberachieving a HF removal efficiency of 99percent or more.

3. Hydrogen fluoride product bulktransfer racks. The HF is shipped fromeach facility either in bulk tank trucksor tank rail cars. At each facility HFemissions from transfer loading racks torail cars and tank trucks are vented toeither the wet scrubber used to controlstorage vessel emissions or to the wetscrubber used to control process ventemissions. At the completion of theloading process, the loading line ispurged with nitrogen either back to thewet scrubber or into the loaded cargostorage vessel. Consequently, there areno fugitive HF emissions when theloading line is disconnected. The EPAselected MACT for HF product bulkingtransfer loading racks to be venting HFemissions during loading to a wetscrubber achieving a HF removalefficiency of 99 percent or more.

4. Hydrogen fluoride equipment leaks.Unlike leaks of organic vapors, evenvery small HF leaks from equipment arereadily visible (a leak produces a visiblewhite plume or corrosion at the leakagepoint). Furthermore, there are strongincentives to detect and repair leaks (toprevent the loss of valuable product,prevent corrosion, and avoid personnelexposure), the workers at each plant areattentive to preventing equipment leaks.Upon detection of a HF leak, the leak isrepaired as soon as possible. Each planthas frequent visual inspectionprocedures in place. The EPA selectedMACT to be implementation of a visual

and olfactory LDAR program that entailsinspection each working shift. If a leakis found, repair or componentreplacement must be initiated within 1hour, and completed as soon aspossible, but no later than within 15days. Equipment containing orcontacting any HF is affected.

5. Kiln seals. During normaloperation, HF reaction kilns aremaintained under negative pressure andthere are no HF emissions through thekiln seals. The primary purpose of theseals is to prevent infiltration of air andwater to the process. Any HF emissionsfrom the kiln seals only occur duringprocess upsets when back pressurebuilds. In the event of a back pressureexcursion, the kiln seal emissions at twoof the facilities are vented to anemergency wet scrubber system. Inaddition, standard operating practice atall of the facilities is to immediatelyshut down kiln operations when a backpressure excursion occurs. Based on theability of other wet scrubbers in thesefacilities to achieve 99 percentreduction efficiency, the EPA hasselected MACT to be venting kiln sealemissions to a wet scrubber that canachieve at least a 99 percent HF removalefficiency, and immediate shutdown ofkiln operations during a back pressureevent. It should be noted that neitherfacility has experienced a back pressureevent since the emergency systems wereinstalled because of improvements inoperating procedures.

To provide flexibility to owners andoperators, the EPA allows an owner oroperator to request an alternative meansof emission limitation (e.g., use ofleakless seals, emergency vacuum boostsystem). The use of leakless seals or anemergency vacuum boost system couldprovide 100 percent control of kiln HFemissions, however, neither of theseleak prevention technologies have beendemonstrated in the industry.

C. MACT for Polycarbonates Production

The PC production source categoryconsists of facilities engaged in theproduction of a special class ofpolyester formed from dihydroxycompound and carbonate diester or byester interchange. Polycarbonatescommonly are produced by solution oremulsion polymerization, althoughother methods may be used. All PCproduction in the United States iscurrently based on the polymerizationreaction of bisphenols with phosgene inthe presence of catalysts and otheradditives. Methylene chloride is used asthe solvent in this polymerizationprocess.


All phosgene used as a feedstock forPC production is produced onsite toreduce potential hazards associatedwith transporting and storing thismaterial. The phosgene is fed directlyfrom dedicated phosgene productionequipment to PC polymerization processequipment. Consequently, phosgeneproduction is integrated with PCproduction; the production of onecannot occur without the other processoperating. Since dedicated phosgeneproduction units are integral to the PCproduction process, the EPA considerssuch phosgene production units to bepart of the PC production sourcecategory. Phosgene production unitsthat are not dedicated to PC productionare subject to 40 CFR part 63, subpartF, National Emission Standards forOrganic Hazardous Air Pollutants Fromthe Synthetic Organic ChemicalManufacturing Industry.

Three companies operate five PCproduction plants in the United States.These facilities are located in Alabama,Massachusetts, Indiana, and Texas. Fourof these facilities produce PC resin. Thefifth plant produces a family of PCpolysiloxane copolymers.

The principal HAP associated with PCproduction facilities are phosgene andmethlylene chloride. Phosgene is ahighly toxic material which can causeadverse health effects from both acute(short-term) and chronic (long-term)exposure. Acute exposure by inhalationof phosgene may result in pulmonaryedema, pulmonary emphysema, anddeath. Other symptoms includechoking, chest constriction, coughing,painful breathing, and bloody sputum.Acute phosgene poisoning may alsoadversely affect the brain, heart, andblood. Chronic exposure to phosgenethrough inhalation may causeemphysema and pulmonary fibrosis.Due to lack of animal and human data,the EPA has been unable to classifyphosgene as a human carcinogen. Acuteexposure to high levels of methylenechloride affects the central nervoussystem and can impair vision andhearing. These effects are reversibleonce exposure ceases. Chronicmethylene chloride exposure adverselyaffects the central nervous system andcauses headaches, dizziness, nausea,and memory loss. The EPA hasclassified methylene chloride as aprobable human carcinogen. Other HAPmay be present in catalysts, solvents,and polymer washing agents used forthe process.

Polycarbonates are produced usingcontinuous and batch processes. At thefour plants producing PC resin, reactorsoperate either as a continuous processor by sequentially operating multiple

batch reactors such that at least onereactor is always producing PC resin. Atthe plant producing PC polysiloxanescopolymers, reactors are operated on anintermittent batch basis.

To minimize the potential for anaccidental release of phosgene to theatmosphere, the phosgene productionprocess at existing facilities is wellcontrolled. All phosgene productionequipment is located inside enclosureswhich are maintained at a slightlynegative pressure. Air vented from theenclosures is routed to a causticscrubber to control and neutralize anyphosgene which may have been releasedfrom equipment leaks inside anenclosure.

The sources of HAP emissions fromPC production process are: (1) Storagevessels used to store methlylenechloride and other organic solvents; (2)process vents on polymerization,polymer solution purification, andsolvent recovery equipment; and (3)wastewater treatment systems used tomanage the wastewater containing HAPgenerated by the polycarbonate process;and (4) equipment leaks.

1. Polycarbonate solvent storagevessels. The storage vessels associatedwith PC production are primarily usedfor storage of methylene chloride andother solvents. Under typical storageconditions at the existing facilities, thevapor pressure of the solvents stored inthe storage vessels range fromapproximately 2 kPa to more than 90kPa.

The EPA had sufficient information todetermine a MACT floor and evaluatethe technological and economicfeasibility of options more stringentthan the floor when determining MACT(for both the applicability and controlcomponents) for solvent storage vesselsat PC production facilities. Based on theEPA’s analysis, it was determined thatMACT for solvent storage vessels at PCproduction facilities reflected the levelof control required under the HON.

2. Polycarbonate process vents (fromcontinuous and batch unit operations).Polycarbonate production facilitiesreduce their emissions from continuousand batch process vents using bothcontrol and recovery device systems.The EPA determined that MACT wasthe MACT floor for continuous processvents at PC production facilities. TheEPA established the proposed MACT forprocess vents based on the level ofcontrol present after recovery.

The EPA used data on HAP flow andair flow emission rates obtained duringthe development of the HON, andcombustion total resource effectiveness(TRE) indices for PC streams. The HONtotal resource effectiveness TRE

equation and coefficients were used tocalculate TRE indices for use asapplicability criteria. TRE indices areindicators of the cost-effectiveness ofcontrolling a gas stream; the higher theindex, the higher the cost of controllingthe stream. The proposed MACT forcontinuous process vents would requirethat all existing vents with TRE indicesless than or equal to 2.7 be controlledto 98 percent or greater. For newsources, the proposed MACT wouldrequire vents with TRE indices less thanor equal to 9.6 be controlled to 98percent or greater.

Insufficient data was available to do aMACT floor analysis for batch processvents. Therefore, for batch processvents, the EPA is proposing that if abatch process vent emits organic HAPemissions greater than 225 kg/yr, anowner or operator needs to applyMACT. The proposed MACT for batchprocess vents is to control HAPemissions from each batch process ventfor the batch cycle by 90 weight percentusing a control device. This proposal isconsistent with what was promulgatedfor the polymer and resins I and IVNESHAP source categories. (Docket No.A–97–17), Item No. II–B–8). Thesestandards have been challenged inlitigation. In the event that the EPAmakes or is directed to make anychanges in these standards inconnection with that litigation prior topromulgation of this standard, the EPAwill evaluate the appropriateness ofmaking conforming changes in the PCstandard.

3. Polycarbonate wastewater facilities.Existing polycarbonate productionfacilities typically strip their wastewaterstreams and either recover or destroythe stripped organics. Potentialemission points related to wastewatertreatment, storage, and collectioninclude the individual drain systems,open surface impoundments(equalization basin), bio-treatment units,and wastewater filter systems.

The HAP concentration, flow ratesand other properties of the wastewaterstreams containing HAP from PCproduction processes are similar to thewastewater streams containing organicHAP in other source categories forwhich the EPA has already determinedMACT to be the level of control that isachieved by applying the wastewatertreatment facility common controlrequirements described in section VI ofthis preamble. Because of thesesimilarities, the EPA concluded that thewastewater treatment facility commoncontrol requirements are appropriate touse as MACT for wastewater treatmentsystems used to manage the wastewater


containing HAP generated by the PCproduction process.

4. Polycarbonates equipment leaks.Fugitive HAP emissions fromequipment leaks (e.g., pump shafts andvalve stems) also occur duringproduction of PC. The properties ofthese HAP equipment leak emissionsare similar to the equipment componentcharacteristics in other source categoriesfor which the EPA has alreadydetermined MACT to be the level ofcontrol that is achieved by applying theequipment leak common controlrequirements described in section VI ofthis preamble. Because of thesesimilarities, the EPA concluded that theequipment leak common controlrequirements under 40 CFR part 63,subparts TT or UU are appropriate touse as MACT for leaks from equipmentcomponents used to handle HAP atpolycarbonate production facilities (seeDocket No. A–97–17, Item No. II–B–8).

D. MACT for Acetal Resins Production.The AR production source category

consists of facilities engaged in themanufacture of homopolymers and/orcopolymers of alternating oxymethyleneunits. Three companies operate threefacilities in the United States thatproduce AR. These facilities are locatedin Texas, Alabama, and West Virginia.Two of the AR production facilitiesproduce an acetal copolymer and onefacility produces an acetalhomopolymer. Acetal resins areproduced in a continuous process.

Acetal copolymers are formed by thepolymerization of trioxane, which isformed by the trimerization offormaldehyde, with a copolymer, whichis typically a cyclic ether such asethylene oxide. Acetal homopolymersare formed by reacting anhydrousformaldehyde to form a polymer.Trioxane is manufactured in a separateunit by the trimerization offormaldehyde. The trioxane is thenstored in storage vessels until neededfor the resins production process. Alltrioxane is produced on site at acetalresins plants. The production oftrioxane is not being regulated by thisaction because it is covered underanother rulemaking. Homopolymers useanhydrous formaldehyde which meansa formaldehyde-water solution fromwhich the water has been removed. Forthe homopolymers process, aqueousformaldehyde is stored in a feedstockstorage vessel. The formaldehyde-watersolution is then drawn into the processas needed. Prior to being sent to thereactor the water is removed in aseparate process unit. Process ventsfrom this process unit are referred to asfront end process vents while all other

acetal resin production process ventsare referred to as back end processvents.

The principal HAP associated withthe existing AR plants includeformaldehyde and ethylene oxide. Bothacute (short-term) and chronic (long-term) exposure of humans toformaldehyde irritates the eyes, nose,and throat and may cause coughing,chest pains, and bronchitis. The EPAhas classified formaldehyde as aprobable human carcinogen. Methanolalso exhibits acute and chronic healtheffects. Acute effects include visualdisturbances such as blurred or dimmedvision. Neurological damage,specifically motor dysfunction may alsoresult. Chronic effects from inhalationor oral exposure may result inconjunctivitis, headache, giddiness,insomnia, gastric disturbances, andblindness. The EPA has not classifiedmethanol with respect tocarcinogenicity.

1. Acetal resins storage vessels. Thestorage vessels associated with ARproduction are primarily used forstorage of solvents. Under typicalstorage conditions at the existingfacilities, the vapor pressure of thereactants and solvents stored in thestorage vessels range fromapproximately 8 kPa to more than 50kPa.

The AR storage vessel capacities andHAP type (i.e., organic HAP) are similarto storage vessel characteristics forwhich the EPA has already determinedMACT to be the level of control thatwould be achieved by applying theControl Level 2 storage vessel commoncontrol requirements under 40 CFR part63, subpart WW. Because of thesesimilarities, the EPA concluded that theControl Level 2 storage vessel commoncontrol requirements are appropriate touse as MACT for solvent storage vesselsat AR production facilities. The vaporpressure applicability cutoffs weredetermined based on the average vaporpressure of solvents stored for existingcontrolled facilities. The cutoffs aremuch higher than for the HazardousOrganic NESHAP due to the lowervolatility of chemicals being stored (seeDocket No. A–97–17, Item No. II–B–8).

2. Acetal resins process vents. Frontend process vents. The homopolymerprocess utilizes a unique step not foundin the copolymer process. This step isthe purification of formaldehyde for useas a feedstock. The copolymer processuses trioxane that is produced fromformaldehyde in a separate unit. Thetioxane process would not be regulatedby this action. Because the purificationstep is unique to the copolymer processand results in different emission

characteristics than the homopolymerprocesses, an emission plank for frontend process vents was developed. Frontend process vents are limited to thosevents that (1) occur prior to the polymerreactor, and (2) are used to producepurified formaldehyde for the reactionprocess. Emissions data indicate that allfront end process vents are controlled at60 percent HAP reduction by weight.Therefore, the MACT floor for front endprocess vents is 60 percent reduction byweight in HAP. Since all process ventsare controlled there is no applicabilitycutoff.

Back end process vents. Back endprocess vents can be defined as anyprocess vent that is not a front endprocess vent. Back end process ventemissions occur from reactor units,mixing vessels, solvent recoveryoperations, and other operations. Allthree facilities surveyed by the EPAused scrubbers to recover methanol andformaldehyde from emission streams.The majority of the recovered monomeris recycled back to the process. Onefacility uses an incinerator that is 98percent effective to control back endprocess vent streams after the streamshave been sent through scrubbers beingused as recovery devices. Insufficientinformation was available to do arigorous analysis. Information wasavailable to determine that all processvent emission streams are continuousand contain either methanol orformaldehyde. The vent streams in theircomposition are very similar to thosestreams regulated by the HON. Due tothese similarities it was determined touse the HON total resource effectivenessequation indices for AR streams. TheTRE for all process vents after recoverydevices was set at 1.0 as it is in theHON. Therefore, all back end processvents with TRE index values greaterthan 1.0 will be required to control to98 percent by weight or greater.

3. Acetal resins wastewater. Existingwastewater streams from AR resinplants contain formaldehyde andmethanol. The flow rates and otherproperties of the wastewater streamscontaining HAP from existing ARproduction processes are similar to thewastewater streams containing organicHAP in other source categories forwhich the EPA has already determinedMACT. Two facilities treat theirwastewater by hardpiping the water toa biotreatment facility. The wastewaterstreams contain mostly methanol. Inaddition, the third facility’s wastewaterstreams are not controlled and arecomposed predominately offormaldehyde. Formaldehyde is notrequired to be controlled in EPAwastewater provisions for similar


organic chemical processes. Because ofthese similarities, the EPA concludedthat the wastewater treatment systemfacility common control requirementsare appropriate to use as MACT forwastewater treatment systems used tomanage the wastewater containing HAPgenerated by the AR production process(Docket No. A–97–17, Item No. II–B–8).

4. Acetal resins equipment leaks.Fugitive HAP emissions fromequipment leaks also occur during theproduction of AR. The properties ofthese HAP equipment leak emissionsare similar to the equipment componentcharacteristics in other source categoriesfor which the EPA has alreadydetermined MACT to be the level ofcontrol that is achieved by applying theequipment leak common controlrequirements described in section VI ofthis preamble. In fact, all of the existingAR production facilities already operatean LDAR program similar to thoseprescribed by the equipment leakcommon control requirements. Becauseof these similarities, the EPA isproposing that the equipment leakcommon control requirements under 40CFR part 63, subparts TT or UU areappropriate to use as MACT for leaksfrom equipment components used tohandle HAP at AR facilities (see DocketNo. A–97–17, Item No. II–B–8).

VII. Selection of FormatSection 112(d) of the Act requires that

emission standards for control of HAPbe prescribed unless, in the judgementof the Administrator, it is not feasible toprescribe or enforce emission standards.Section 112(h) identifies two conditionsunder which it is not consideredfeasible to prescribe or enforce emissionstandards. These conditions include: (1)If the HAP cannot be emitted through aconveyance device, or (2) if theapplication of measurementmethodology to a particular class ofsources is not practicable due totechnological or economic limitations. Ifemission standards are not feasible toprescribe or enforce, then theAdministrator may instead promulgateequipment, work practice, design oroperational standards, or a combinationthereof.

Formats for emission standardsinclude (1) percent reduction, (2)concentration limits, or (3) a massemission limit. In some instances,adoption of an emission standard maybe feasible for certain sources within acategory or subcategory and not forother sources within the same categoryor subcategory. In such cases, the EPAmay adopt both an emission standardand an alternative equipment, design,work practice, or operational standard,

but only one type of standard will applyto a given source depending on thenature and configuration of that source.The proposed generic MACT standardsfor equipment leaks, process vents andtransfer from continuous unitoperations, and storage vessels, andtransfer racks consist of a combinationof (1) emission standards, and (2)equipment, design, work practice, andoperational requirements consistentwith requirements promulgated forsimilar emission points and emissioncharacteristics (i.e., similar emissionpoints and emission characteristics tothat of the Hazardous Organic NESHAP(57 FR 62608, December 31, 1992), orOff-Site Waste NESHAP (59 FR 51913,October 13, 1994).

Selection of Format for Process VentsFrom Continuous Unit Operations

The format chosen for process ventstreams is dependent on the controlmethod chosen. For vent streamscontrolled by control devices other thanflares, the format is a combination of aweight-percent reduction and an outletconcentration. A weight-percentreduction format is appropriate forstreams with HAP concentrations above1000 ppmv because such a formatensures that the stream will meet theweight-percent reduction. For processvents with concentrations below 1000parts per million by volume, a 20 ppmvoutlet concentration was selectedbecause a weight-percent reduction maynot be achievable (57 FR 62608,December 31, 1992).

The combustion of vent streamscontaining halogenated organiccompounds can produce emissions ofhalogens and hydrogen halides, some ofwhich are HAP’s, such as hydrogenchloride, chlorine, and hydrogenfluoride. To reduce these emissions, theproposed standards required the use ofa scrubber after the combustion devicefor halogenated process vent streams.The format of the standard for suchscrubbers is a percent reduction oroutlet concentration of those halogensand hydrogen halides that can bemeasured using the EPA Method 26 or26A. A percent reduction formatensures that most streams will meet theMACT requirements. However, analternative outlet concentration level isneeded for low concentration streamswhere the specified percent reductionwould result in outlet levels too low tomeasure.

For vent streams controlled by a flare,the proposal includes equipment andoperating specifications because it isvery difficult to measure the emissionsfrom a flare to determine its efficiency.

Selection of Format for Storage VesselProvisions

The storage vessel provisions requirecontrol by (1) tank improvements(internal or external roofs with properseals and fittings) or (2) a closed ventsystem and control device depending onthe type of storage vessel. The format forthe storage vessel provisions isdependent on the type of storage vesseland control methodology selected. Forstorage vessels controlled with internalor external floating roofs, the format isa combination of design, equipment,work practice, and operationalstandards. This format is the onlypracticable control strategy compatiblewith these type of storage vessels. Othercontrol strategies are available butrequire the conversion of the storagevessel to another type of vessel. TheEPA chose not to propose an emissionlimit format for all types of storagevessels because that would requireequipping non-fixed roof storage vesselswith a capture system, which would becost-prohibitive (57 FR 62608,December 31, 1992).

The design requirements for vesselscontrolled with vessel improvementsare specified in subpart WW of this part.Additional operational and workpractice requirements, which consist ofinspection and repair requirements arealso specified to ensure the continuedintegrity of the control equipment.

For vessels controlled by a closedvent system and control device, the EPAis proposing a design and equipmentformat. This format accounts for thewide variation in emissions and flowrates being vented from the vessel, andrequires that the closed vent system andcontrol device meet a specified weight-percent requirement. The closed ventsystem must be capable of collectingHAP vapors and gases discharged fromthe storage vessel. The control devicemust reduce the HAP emissionsdischarged into it at a specifiedefficiency for the source category andmust be operated to achieve thespecified level of emission reduction.Operational requirements, whichconsist of, among other things,inspection, repair, and work practicerequirements, are necessary to ensurethe proper operation and integrity ofcontrol equipment meeting a design andequipment standard.

Selection of Format for WastewaterManagement Units Provisions

The provisions for controlling airemissions from wastewater streams area combination of equipment,operational, work practice, andemission standards. It was determined


that a numerical standard would not befeasible because it would be difficult tocapture and measure emissions fromwastewater management units for thepurpose of evaluating compliance (59FR 51913, October 13, 1994).

Selection of Format for EquipmentLeaks

The provisions of subparts TT and UUof this part for controlling emissionsfrom equipment leaks are in the formatof work practice and equipmentspecifications. It was determined that itis not feasible to prescribe or enforceemission standards because emissionscannot be emitted through a conveyancedevice and the application of ameasurement methodology is notpracticable due to technological oreconomic limitations (57 FR 62608,December 31, 1992).

VIII. Selection of Test Methods andProcedures

Test methods and proceduresspecified in the proposed standardswould be used to demonstratecompliance. Procedures and methodsincluded in the proposed standards are,where appropriate, based on proceduresand methods previously developed bythe EPA for use in implementingstandards for sources similar to thosebeing proposed for regulation today.

IX. Selection of Monitoring, Inspection,Recordkeeping and ReportingRequirements

Monitoring, inspection,recordkeeping, and reportingrequirements specified in the proposedstandards would be used to assure anddocument compliance with theproposed standards. Monitoring,inspection, recordkeeping and reportingrequirements included in the proposedstandards are, where appropriate, basedon monitoring, inspection,recordkeeping and reportingrequirements previously developed bythe EPA for use in implementingstandards for sources similar to thosebeing proposed for regulation today.

Additionally, the generic MACTstandards subpart cross-references§§ 63.1 through 63.5, and §§ 63.12through 63.15 of the General Provisionsfor this part, and has pulled some of theregulatory text contained in §§ 63.6through 63.11 into the rule. The GeneralProvisions have been challenged inlitigation. In the event that the EPAmakes or is directed to make anychanges in these standards inconnection with that litigation prior topromulgation of the standard, the EPAwill evaluate the appropriateness ofmaking conforming changes in the

Generic MACT Standards subpart. TheEPA has also recently published a directfinal notice to amend the GeneralProvisions flare specifications by addingspecifications for hydrogen-fueled flares(63 FR 24436). It is the EPA’s intent toadd these changes in specifications(once finalized) to the proposed flarespecifications of 40 CFR part 63, subpartSS (Closed Vent Systems, ControlDevices, Recovery Devices and Routingto a Fuel Gas System or a Process) atpromulgation.

X. Relationship to other Standards andPrograms Under the Act

A. Relationship to the Part 70 and Part71 Permit Programs

Under title V of the Act, the EPAestablished a permitting program (part70 and part 71 permitting program) thatrequires all owners and operators ofHAP-emitting sources to obtain anoperating permit (57 FR 32251, July 21,1992). Sources subject (i.e., affectedsources subject to the generic MACTstandards) to the permitting program arerequired to submit complete permitapplications within a year after a Stateprogram is approved by the EPA or,where a State program is not approved,within a year after a program ispromulgated by the EPA. If the Statewhere the facility is located does nothave an approved permitting program,the owner or operator of a facility mustsubmit the application to the EPARegional Office in accordance with therequirements of the part 63 GeneralProvisions (40 CFR 63 subpart A).

B. Overlapping Federal RegulationsThe EPA recognizes that the potential

exists for regulatory overlap between theproposed air emission standards andother standards developed under theAct. Therefore, the EPA has clarified theapplicability of requirements undersubpart YY as it relates to other NSPSand parts 61 and 63 NESHAP that applyto the same source in the applicabilitysection of the rule.

XI. Solicitation of CommentsComments are specifically requested

on several aspects of the proposedstandards. These topics are summarizedbelow.

A. Proposed Generic MACT ApproachThe EPA is proposing use of an

alternative methodology for determiningMACT and MACT floor compliance inappropriate instances where a sourcecategory has five or fewer sources andthe sources in question aredemonstrably similar to larger groups ofsources regulated in prior MACTstandards. Under this approach,

individual source categories will beassimilated into a generic MACTstructure and control requirements forthe source category will be establishedby utilizing common controlrequirements established for particulartypes of emission points. EPA believesthat this approach will conserveresources, encourage consistency anduniformity in standard setting, andassure conformity to applicablestatutory requirements. (See section III.of this preamble for the basis for andsummary of the EPA’s proposed genericMACT approach). The EPA solicitscomment on the feasibility and legalityof the proposed generic MACTapproach. EPA requests that, if anycommenter asserts that this approach isunreasonable, the commenter providespecific examples where the proposedapproach would yield an unacceptableoutcome.

B. Emission Point General ControlRequirement Subparts

The EPA promulgated air emissioncontrol requirements for selectedemission points (i.e., containers, surfaceimpoundments, oil-water separators andorganic-water separators, tanks,individual drain systems) in individualsubparts with the Off Site Waste andRecovery NESHAP.

Today’s notice proposes additional airemission control requirement subpartsfor equipment leaks (40 CFR part 63,subparts TT and UU), storage vessels (40CFR part 63, subpart WW), and closedvent systems and control and recoverydevices (40 CFR part 63, subpart SS)(seesection VI. Emission Point CommonControl Requirements of today’s noticefor a description of, and rationale for,the proposed common controlrequirements). The EPA is solicitingcomment on these emission point-specific subparts with this proposal.Specifically, the EPA solicitingcomment on their content andapplication usefulness for sourcecategories with similar emission pointsand emission characteristics.

XII. Administrative Requirements

A. Public Hearing

A public hearing will be held, ifrequested, to discuss the proposedstandard in accordance with section307(d)(5) of the Act. Persons wishing tomake oral presentation on the proposedstandards for AR production, AMFproduction, HF production, or PCproduction; the proposed alternativeMACT determination approach forsource categories with a limitedpopulation of major sources; or thereference control requirement subparts


(i.e., subparts SS, TT, UU, WW) forclosed vent systems, control devices,recovery devices and routing to a fuelgas system or process, control levels 1and 2 for equipment leaks, and storagevessels; should contact the EPA at theaddress given in the ADDRESSESsection of this preamble. Oralpresentations will be limited to 15minutes each. If a hearing is held,interested persons may submit theirstatements in a written form, and therecord will remain open for 30 daysfollowing the hearing for submission ofrebuttal or supplementary information.Written statements should be addressedto the Air Docket Section address givenin the ADDRESSES section of thispreamble and should refer to Docket No.A–97–17.

A verbatim transcript of the hearingand written statements will be availablefor public inspection and copyingduring normal working hours at EPA’sAir Docket Section in Washington, DC(see ADDRESSES section of thispreamble).

B. Docket

The docket is an organized file ofbasic underlying information utilized bythe EPA, and all comments and otherinformation submitted to the EPA,during the rulemaking process. Theprincipal purposes of the docket are:

1. To allow interested parties toreadily identify and locate basicunderlying documents so that they canintelligently and effectively participatein the rulemaking process; and

2. To serve as the record in case ofjudicial review (except for interagencyreview materials (section 307(d)(7)(A)).

The docket for today’s proposedstandards is A–97–17. Docketsestablished for each of the sourcecategories with proposed standards withthis proposal include the following: (1)AR production (Docket No. A–97–19);AMF production (Docket No. A–97–18);HF production (Docket No. A–97–x);and PC production (Docket No. A–97–16). The source category-specificdockets contain source category-specificsupporting information and are crossreferenced in the generic MACTstandards docket (Docket No. A–97–17).

The docket contains copies ofproposed regulatory text, and technicalmemoranda documenting theinformation considered by the EPA inthe development of the proposedstandards. The docket is available forpublic inspection at the EPA’s Air andRadiation Docket and InformationCenter, the location of which is given inthe ADDRESSES section of this notice.

C. Executive Order 12866

Under Executive Order (EO) 12866,[58 FR 51735 (October 4, 1993)] the EPAmust submit significant regulatoryactions to the Office of Management andBudget (OMB) for review. The EOdefines ‘‘significant regulatory action’’as one that OMB determines is likely toresult in a rule that may:

(1) Have an annual effect of theeconomy of $100 million or more oradversely affect in a material way theeconomy, a sector of the economy,productivity, competition, jobs, theenvironment, public health or safety, orState, local, or Tribal governments orcommunities;

(2) Create a serious inconsistency orotherwise interfere with an action takenor planned by another agency;

(3) Materially alter the budgetaryimpact of entitlements, grants, user fees,or loan programs or the rights andobligations of recipients thereof; or

(4) Raise novel legal or policy issuesarising out of legal mandates, thePresident’s priorities, or the principlesset forth in this Executive Order.

In this instance, the OMB has agreedthat the EPA need not submit thisproposal for review under EO 12286.

D. Enhancing the IntergovernmentalPartnership Under Executive Order12875

In compliance with EO 12875, theEPA has involved State governments inthe development of this rule. Althoughthis proposal does not imposerequirements on State, local, or tribalgovernments, these entities will berequired to implement the rule byincorporating the rule into permits andenforcing the rule upon delegation.They will collect permit fees that will beused to offset the resource burden ofimplementing the rule.

Representatives of State governmentsare members of the MACT partnershipsthat were consulted during thedevelopment of the proposed standardsfor the AR production, AMF production,HF production, and PC productionsource categories. Partnership groupswere consulted throughout thedevelopment of the proposed standards.In addition, all State, local, and tribalgovernments and other representativesare encouraged to comment on theproposed standards during the publiccomment period, and the EPA intendsto fully consider these comments in thedevelopment of the final standards.

E. Paperwork Reduction Act

The information collectionrequirements in these proposed ruleshave been submitted for approval to the

OMB under the Paperwork ReductionAct, 44 U.S.C. 3501 et seq. Aninformation Collection Request (ICR)document has been prepared by the EPA(ICR No. 1871.01 and copies may beobtained from Sandy Farmer, OPPERegulatory Information Division; U.S.Environmental Protection Agency(2137); 401 M Street, SW; Washington,DC 20460 or by calling (202) 260–2740.

Information is required to ensurecompliance with the provisions of theproposed standards. If the relevantinformation were collected lessfrequently, the EPA would not bereasonably assured that a source is incompliance with the proposedstandards. In addition, the EPA’sauthority to take administrative actionwould be reduced significantly.

The proposed standards wouldrequire owners or operators of affectedsources to retain records for a period of5 years. The 5 year retention period isconsistent with the provisions of theGeneral Provisions of 40 CFR Part 63,and with the 5 year record retentionrequirement in the operating permitprogram under title V of the Act.

All information submitted to the EPAfor which a claim of confidentiality ismade will be safeguarded according tothe EPA policies set forth in title 40,chapter 1, part 2, subpart B,Confidentiality of Business Information.See 40 CFR 2; 41 FR 36902, September1, 1976; amended by 43 FR 3999,September 8, 1978; 43 FR 42251,September 28, 1978; and 44 FR 17674,March 23, 1979. Even where the EPAhas determined that data received inresponse to an ICR is eligible forconfidential treatment under 40 CFRpart 2, subpart B, the EPA maynonetheless disclose the information ifit is relevant in any proceeding: underthe statute (42 U.S.C. 7414 (C); 40 CFR2.301 (g). This information collectioncomplies with the Privacy Act of 1974and Office of Management and Budget(OMB) Circular 108.

The estimated annual average hourand annual average cost burden perrespondent for the proposed standardsfor the AR production, AMF production,HF production, and PC productionsource categories are presented in table2.

TABLE 2.—Estimated Annual AverageHour and Cost Burden per Re-spondent a

Source categoryAnnualaveragehours

Annualaveragecost ($)

AR Production ... 1,300 55,500AMF Production 1,900 83,200


TABLE 2.—Estimated Annual AverageHour and Cost Burden per Re-spondent a—Continued

Source categoryAnnualaveragehours

Annualaveragecost ($)

HF Production ... 310 13,200PC Production ... 3,200 138,600

Total ........... 6,710 290,500

a Burden hour and cost estimates are aggre-gated for the affected sources and averagedover the first 3 years of the rule.

The EPA projects that a maximum of50 sources will be assimilated under thegeneric MACT standards. Assuming afuture-looking burden scenario (i.e., theburden associated with the monitoring,recordkeeping, and reportingrequirements for the PC productionsource category), the estimated annualaverage hour and annual average costburden for the generic MACT standardsinclusive of all source categories thatcould be assimilated in the future wouldbe 32,300 and $1.4 million, respectively.Note that these burden estimates reflecta maximum future-looking burdenscenario and would be spread over aminimum of 10 source categories with5 or fewer facilities or respondents. Theburden for a source category with 5facilities or respondents would be anestimated 3,230 hours and $140thousand per year. The burden perfacility or respondent would be anestimated 646 hours and $28 thousandper year.

The future-looking burden estimatesassume that reports are required on asemi-annual and annual basis(depending on the reports) and asrequired, as in the case of startup,shutdown, and malfunction reports.Burden means the total time, effort, orfinancial resources expended by personsto generate, maintain, retain, or discloseor provide information to or for aFederal agency. This includes the timeneeded to review instructions; develop,acquire, install, and utilize technologyand systems for the purposes ofcollecting, validating, and verifyinginformation, processing andmaintaining information, and disclosingand providing information; adjust theexisting ways to comply with anypreviously applicable instructions andrequirements; train personnel to be ableto respond to a collection ofinformation; search data sources;complete and review the collection ofinformation; and transmit or otherwisedisclose the information.

An Agency may not conduct orsponsor, and a person is not required torespond to a collection of information

unless it displays a currently valid OMBcontrol number. The OMB controlnumbers for the EPA’s regulations arelisted in 40 CFR part 9 and 48 CFRchapter 15.

Comments are requested on the EPA’sneed for this information, the accuracyof the provided burden estimates, andany suggested methods for minimizingrespondent burden, including throughthe use of automated collectiontechniques. Send comments on the ICRsto the Director, OPPE RegulatoryInformation Division; U.S.Environmental Protection Agency(2137); 401 M Street, SW; Washington,DC 20460; and to the Office ofInformation and Regulatory Affairs,Office of Management and Budget, 72517th Street, NW, Washington, DC 20503,marked ‘‘Attention: Desk Officer forEPA.’’ Include the ICR number(s) in anycorrespondence. Since OMB is requiredto make a decision concerning the ICR’sbetween 30 and 60 days after October14, 1998, a comment to OMB is bestassured of having its full effect if OMBreceives it by November 13, 1998. Thefinal standards will respond to anyOMB or public comments on theinformation collection requirementscontained in this proposal.

F. Regulatory Flexibility ActThe Regulatory Flexibility Act (RFA)

generally requires an agency to conducta regulatory flexibility analysis of anyrule subject to notice and comment onrulemaking requirements unless theagency certifies that the rule will nothave a significant economic impact ona substantial number of small entities.Small entities include small businesses,small not-for-profit enterprises, andsmall governmental jurisdictions. Thisproposed rule would not have asignificant impact on a substantialnumber of small entities because itwould only apply to source categorieswith 5 or fewer major sources.Therefore, the EPA certifies that today’saction would not have a significanteconomic impact on a substantialnumber of small entities. Thus, theAgency did not prepare an initialregulatory flexibility analysis (IRFA).

Although the statute does not requirethe EPA to prepare an IRFA because theAdministrator is certifying that the rulewill not have a significant economicimpact on a substantial number of smallentities, the EPA did undertake alimited assessment of possible outcomesand the economic effect of these onsmall entities as part of the economicanalysis conducted for each of thesource categories for which standardsare being proposed with today’s notice.The economic analysis for each of the

source categories for which standardsare being proposed can be obtained fromthe source category-specific docketsestablished for each of the sourcecategories (see Docket in ADDRESSESsection for individual docket numbers).

G. Unfunded Mandates Reform ActSection 202 of the Unfunded

Mandates Reform Act of 1995 (UMRA),P.L. 104–4, requires that the EPAprepare a budgetary impact statementbefore promulgating a rule that includesa Federal mandate that may result inexpenditures to State, local, and Tribalgovernments, in the aggregate, or to theprivate sector, of $100 million or morein any 1 year. Section 203 requires theEPA to establish a plan for obtaininginput from and informing, educating,and advising any small governmentsthat may be significantly or uniquelyaffected by the rule.

Because this proposed rule, ifpromulgated, does not include a Federalmandate and is estimated to result inexpenditures less than $100 million inany one year by State, local, and tribalgovernments, the EPA has not prepareda budgetary impact statement orspecifically addressed the selection ofthe least costly, most cost-effective, orleast burdensome alternative. Inaddition, because small governmentswould not be significantly or uniquelyaffected by this rule, the EPA is notrequired to develop a plan with regardto small governments. Therefore, therequirements of the UMRA do not applyto this action.

H. National Technology Transfer andAdvancement Act

Section 12(d) of the NationalTechnology Transfer and AdvancementAct of 1995 (NTTAA) directs all Federalagencies to use voluntary consensusstandards instead of government-uniquestandards in their regulatory activitiesunless it would be inconsistent withapplicable law or otherwise impractical.Voluntary consensus standards aretechnical standards (e.g., materialspecifications, test methods, samplingand analytical procedures, businesspractices, etc.) that are developed oradopted by one or more voluntaryconsensus standards bodies. Examplesof organizations generally regarded asvoluntary consensus standards bodiesinclude the American Society forTesting and Materials (ASTM),International Organization forStandardization (ISO), InternationalElectrotechnical Commission (IEC),American Petroleum Institute (API),National Fire Protection Association(NFPA) and Society of AutomotiveEngineers (SAE). The NTTAA requires


Federal agencies like the EPA to provideCongress, through OMB, explanationswhen an agency decides not to useavailable an applicable voluntaryconsensus standards.

This action does not involve theproposal of any new technicalstandards. It does, however, incorporateby reference existing technicalstandards, including government-unique technical standards. Thetechnical standards proposed with thisnotice are standards that have beenproposed and promulgated under otherrulemakings for similar source controlapplicability and compliancedeterminations. The EPA solicitscomment on the identification ofpotentially-applicable voluntaryconsensus standards that could be usedin lieu of standard proposed undertoday’s action. The EPA request thatsubmitted comments include anexplanation why such standards shouldbe used in lieu of those proposed.

As part of a larger effort, the EPA isundertaking a project to cross-referenceexisting voluntary consensus standardson testing, sampling, and analysis, withcurrent and future EPA test methods.When completed, this project will assistthe EPA in identifying potentially-applicable voluntary consensusstandards that can then be evaluated forequivalency and applicability indetermining compliance with futureregulations.

I. Protection of Children FromEnvironmental Health Risks and SafetyUnder Executive Order 13045

The EO 13045 applies to any rule that(1) OMB determines is ‘‘economicallysignificant’’ as defined under EO 12866,and (2) the EPA determines theenvironmental health or safety riskaddressed by the rule has adisproportionate effect on children. Ifthe regulatory action meets both criteria,the EPA must evaluate theenvironmental health or safety aspectsof the planned rule on children; andexplain why the planned rule ispreferable to other potentially effectiveand reasonably feasible alternativesconsidered by the EPA.

The proposed rule is not subject to EO13045, entitled Protection of Childrenfrom Environmental Health Risks andSafety Risks (62 FR 19885, April 23,1997), because it does not involvedecisions on environmental health risksor safety risks that may disproportion-ately affect children.

J. Executive Order 13084: Consultationand Coordination With Indian TribalGovernments

Under Executive Order 13084, EPAmay not issue a regulation that is notrequired by statute, that significantly oruniquely affects the communities ofIndian tribal governments, and thatimposes substantial direct compliancecosts on those communities, unless theFederal government provides the fundsnecessary to pay the direct compliancecosts incurred by the tribalgovernments. If the mandate isunfunded, EPA must provide to theOffice of Management and Budget, in aseparately identified section of thepreamble to the rule, a description ofthe extent of EPA’s prior consultationwith representatives of affected tribalgovernments, a summary of the natureof their concerns, and a statementsupporting the need to issue theregulation. In addition, Executive Order13084 requires EPA to develop aneffective process permitting elected andother representatives of Indian tribalgovernments ‘‘to provide meaningfuland timely input in the development ofregulatory policies on matters thatsignificantly or uniquely affect theircommunities.’’ Today’s rule does notsignificantly or uniquely affect thecommunities of Indian tribalgovernments. Although this proposaldoes not impose requirements on tribalgovernments, these entities will berequired to implement the rule byincorporating the rule into permits andenforcing the rule upon delegation.Accordingly, the requirements ofsection 3(c) of Executive Order 13084 donot apply to this rule.

XIII. Statutory Authority

The statutory authority for thisproposal is provided by section 101,112, 114, 116, and 302 of the Act, asamended; 42 U.S.C., 7401, 7412, 7414,7416, and 7601.

List of Subjects in 40 CFR part 63

Environmental protection, Acetalresins production, Acrylic andmodacrylic fiber production, Airemissions control, Equipment leaks,Hazardous air pollutants, Hydrogenfluoride production, Kilns, Fiberspinning lines, Polycarbonatesproduction, Process vents, Storagevessels, Transfer racks, Wastewatertreatment units.

Dated: September 15, 1998.Carol M. Browner,Administrator.

For the reasons set out in thepreamble, title 40, chapter I, part 63 of

the Code of Federal Regulations areproposed to be amended as follows:

PART 63—[AMENDED]

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

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

2. Part 63 is amended by addingsubpart SS to read as follows:

Subpart SS—National Emission Standardsfor Closed Vent Systems, Control Devices,Recovery Devices and Routing to a FuelGas System or a ProcessSec.63.980 Applicability.63.981 Definitions.63.982 Requirements.63.983 Closed vent systems.63.984 Fuel gas systems and processes to

which storage vessel, transfer rack, orequipment leak regulated materialsemissions are routed.

63.985 Nonflare control devices used tocontrol emissions from storage vesselsand low throughput transfer racks.

63.986 Nonflare control devices used forequipment leaks only.

63.987 Flare requirements.63.988 Incinerators.63.989 Boilers and process heaters.63.990 Absorbers used as control devices.63.991 Condensers used as control devices.63.992 Carbon adsorbers used as control

devices.63.993 Absorbers, condensers, carbon

adsorbers and other recovery devicesused as final recovery devices.

63.994 Halogen scrubbers and otherhalogen reduction devices.

63.995 Other control devices.63.996 General monitoring requirements for

control and recovery devices.63.997 Performance test and flare

compliance determination requirements.63.998 Recordkeeping requirements.63.999 Notifications and other reports.

§ 63.980 Applicability.(a) The provisions of this subpart

include requirements for closed ventsystems, control devices and routing ofair emissions to a fuel gas system orprocess. These provisions apply whenanother subpart references the use ofthis subpart for such air emissioncontrol. These air emission standardsare placed here for administrativeconvenience and only apply to thoseowners and operators of facilitiessubject to a referencing subpart. Theprovisions of 40 CFR part 63, subpart A(General Provisions) do not apply to thissubpart except as specified in areferencing subpart.

§ 63.981 Definitions.Alternative test method means any

method of sampling and analyzing foran air pollutant that is not a referencetest or equivalent method, and that hasbeen demonstrated to the


Administrator’s satisfaction, usingMethod 301 in appendix A of 40 CFRpart 63, or previously approved by theAdministrator prior to the promulgationdate of standards for an affected sourceor affected facility under a referencingsubpart, to produce results adequate forthe Administrator’s determination thatit may be used in place of a test methodspecified in this subpart.

Automated monitoring and recordingsystem means any means of measuringvalues of monitored parameters andcreating a hard copy or computer recordof the measured values that does notrequire manual reading of monitoringinstruments and manual transcription ofdata values. Automated monitoring andrecording systems include, but are notlimited to, computerized systems andstrip charts.

Boiler means any enclosedcombustion device that extracts usefulenergy in the form of steam and is notan incinerator or a process heater.

By compound means by individualstream components, not carbonequivalents.

Closed loop system means anenclosed system that returns processfluid to the process and is not vented tothe atmosphere except through a closedvent system.

Closed vent system means a systemthat is not open to the atmosphere andis composed of piping, ductwork,connections, and, if necessary, flowinducing devices that transport gas orvapor from an emission point to acontrol device. Closed vent system doesnot include the vapor collection systemthat is part of any tank truck or railcar.

Closed vent system shutdown means awork practice or operational procedurethat stops production from a processunit or part of a process unit duringwhich it is technically feasible to clearprocess material from a closed ventsystem or part of a closed vent systemconsistent with safety constraints andduring which repairs can be effected.An unscheduled work practice oroperational procedure that stopsproduction from a process unit or partof a process unit for less than 24 hoursis not a closed vent system shutdown.An unscheduled work practice oroperational procedure that would stopproduction from a process unit or partof a process unit for a shorter period oftime than would be required to clear theclosed vent system or part of the closedvent system of materials and start up theunit, and would result in greateremissions than delay of repair of leakingcomponents until the next scheduledclosed vent system shutdown, is not aclosed vent system shutdown. The useof spare equipment and technically

feasible bypassing of equipment withoutstopping production are not closed ventsystem shutdowns.

Combustion device means anindividual unit of equipment, such as aflare, incinerator, process heater, orboiler, used for the combustion oforganic emissions.

Continuous parameter monitoringsystem (CPMS) means the totalequipment that may be required to meetthe data acquisition and availabilityrequirements of this part, used tosample, condition (if applicable),analyze, and provide a record of processor control system parameters.

Continuous record meansdocumentation, either in hard copy orcomputer readable form, of data valuesmeasured at least once every 15 minutesand recorded at the frequency specifiedin § 63.998(b).

Control device means any combustiondevice, recovery device, recapturedevice, or any combination of thesedevices used to comply with thissubpart. Such equipment or devicesinclude, but are not limited to,absorbers, carbon adsorbers, condensers,incinerators, flares, boilers, and processheaters. For process vents fromcontinuous unit operations, recapturedevices and combustion devices areconsidered control devices but recoverydevices are not considered controldevices. For process vents from batchunit operations, recapture devices,recovery devices, and combustiondevices are considered control devicesexcept for primary condensers. Primarycondensers on stream strippers or fuelgas systems are not considered controldevices.

Control system means thecombination of the closed vent systemand the control devices used to collectand control vapors or gases from aregulated emission source.

Ductwork means a conveyance systemsuch as those commonly used forheating and ventilation systems. It isoften made of sheet metal and often hassections connected by screws orcrimping. Hard-piping is not ductwork.

Flame zone means the portion of thecombustion chamber in a boiler orprocess heater occupied by the flameenvelope.

Flow indicator means a device whichindicates whether gas flow is, orwhether the valve position would allowgas flow to be, present in a line.

Fuel gas means gases that arecombusted to derive useful work orheat.

Fuel gas system means the offsite andonsite piping and flow and pressurecontrol system that gathers gaseousstreams generated by onsite operations,

may blend them with other sources ofgas, and transports the gaseous streamsfor use as fuel gas in combustiondevices or in-process combustionequipment such as furnaces and gasturbines, either singly or incombination.

Hard-piping means pipe or tubing thatis manufactured and properly installedusing good engineering judgment andstandards, such as ANSI B31–3.

High-throughput transfer rack meansthose transfer racks that transfer a totalof 11.8 million liters per year or greaterof liquid containing regulated material.

Incinerator means an enclosedcombustion device that is used fordestroying organic compounds.Auxiliary fuel may be used to heatwaste gas to combustion temperatures.Any energy recovery section present isnot physically formed into onemanufactured or assembled unit withthe combustion section; rather, theenergy recovery section is a separatesection following the combustionsection and the two are joined by ductsor connections carrying flue gas. Theabove energy recovery section limitationdoes not apply to an energy recoverysection used solely to preheat theincoming vent stream or combustion air.

Low-throughput transfer rack meansthose transfer racks that transfer lessthan a total of 11.8 million liters peryear of liquid containing regulatedmaterial.

Operating parameter value means aminimum or maximum valueestablished for a control deviceparameter which, if achieved by itself orin combination with one or more otheroperating parameter values, determinesthat an owner or operator has compliedwith an applicable emission limit oroperating limit.

Organic monitoring device means aunit of equipment used to indicate theconcentration level of organiccompounds based on a detectionprinciple such as infra-red, photoionization, or thermal conductivity.

Owner or operator means any personwho owns, leases, operates, controls, orsupervises a regulated source or astationary source of which a regulatedsource is a part.

Performance level means the level atwhich the regulated material in thegases or vapors vented to a control orrecovery device are removed, recovered,or destroyed. Examples of controldevice performance levels include:achieving a minimum organic reductionefficiency expressed as a percentage ofregulated material removed or destroyedin the control device inlet stream on aweight-basis; achieving an organicconcentration in the control device


exhaust stream that is less than amaximum allowable limit expressed inparts per million by volume on a drybasis corrected to 3 percent oxygen; ormaintaining appropriate control deviceoperating parameters indicative of thedevice performance at specified values.

Performance test means the collectionof data resulting from the execution ofa test method (usually three emissiontest runs) used to demonstratecompliance with a relevant emissionlimit as specified in the performancetest section of this subpart or in thereferencing subpart.

Primary fuel means the fuel thatprovides the principal heat input to adevice. To be considered primary, thefuel must be able to sustain operationwithout the addition of other fuels.

Process heater means an enclosedcombustion device that transfers heatliberated by burning fuel directly toprocess streams or to heat transferliquids other than water. A processheater may, as a secondary function,heat water in unfired heat recoverysections.

Recapture device means an individualunit of equipment capable of and usedfor the purpose of recovering chemicals,but not normally for use, reuse, or sale.For example, a recapture device mayrecover chemicals primarily fordisposal. Recapture devices include, butare not limited to, absorbers, carbonadsorbers, and condensers. For purposesof the monitoring, recordkeeping andreporting requirements of this subpart,recapture devices are consideredrecovery devices.

Recovery device means an individualunit of equipment capable of andnormally used for the purpose ofrecovering chemicals for fuel value (i.e.,net positive heating value), use, reuse,or for sale for fuel value, use, or reuse.Examples of equipment that may berecovery devices include absorbers,carbon adsorbers, condensers, oil-waterseparators or organic-water separators,or organic removal devices such asdecanters, strippers, or thin-filmevaporation units. For purposes of themonitoring, recordkeeping, andreporting requirements of this subpart,recapture devices are consideredrecovery devices.

Reference method means any methodof sampling and analyzing for aregulated material as specified in anapplicable subpart, the appendices to 40CFR parts 60 or 63, or in appendix B of40 CFR part 61.

Referencing subpart means thesubpart which refers an owner oroperator to this subpart.

Regulated material, for purposes ofthis part, refers to vapors from volatile

organic liquids (VOL), volatile organiccompounds (VOC), or hazardous airpollutants (HAP), or other chemicals orgroups of chemicals that are regulatedby a referencing subpart.

Regulated source for the purposes ofthis subpart, means the stationarysource, the group of stationary sources,or the portion of a stationary source thatis regulated by a relevant standard orother requirement established pursuantto a referencing subpart.

Routed to a process or route to aprocess means the gas streams areconveyed to any enclosed portion of aprocess unit where the emissions arerecycled and/or consumed in the samemanner as a material that fulfills thesame function in the process; and/ortransformed by chemical reaction intomaterials that are not regulatedmaterials; and/or incorporated into aproduct; and/or recovered.

Run means one of a series of emissionor other measurements needed todetermine emissions for a representativeoperating period or cycle as specified inthis subpart. Unless otherwise specified,a run may be either intermittent orcontinuous within the limits of goodengineering practice.

Sampling connection system meansan assembly of equipment within aprocess unit used during periods ofrepresentative operation to take samplesof the process fluid. Equipment used totake non-routine grab samples is notconsidered a sampling connectionsystem.

Secondary fuel means a fuel firedthrough a burner other than the primaryfuel burner that provides supplementaryheat in addition to the heat provided bythe primary fuel.

Sensor means a device that measuresa physical quantity or the change in aphysical quantity, such as temperature,pressure, flow rate, pH, or liquid level.

Set pressure means the pressure atwhich a properly operating pressurerelief device begins to open to relieveatypical process system operatingpressure.

Specific gravity monitoring devicemeans a unit of equipment used tomonitor specific gravity and having aminimum accuracy of ± 0.02 specificgravity units.

Temperature monitoring devicemeans a unit of equipment used tomonitor temperature and having aminimum accuracy of ± percent of thetemperature being monitored expressedin degrees Celsius or ±1.2 degreesCelsius (°C), whichever is greater.

§ 63.982 Requirements.(a) Storage vessel requirements. An

owner or operator of a storage vessel

that is referred to this subpart forcontrolling regulated material emissionsby venting emissions through a closedvent system to a flare, nonflare controldevice or routing to a fuel gas system orprocess shall comply with theapplicable requirements of paragraphs(a)(1) through (a)(3) of this section.

(1) Closed vent system and flare.Owners or operators that controlemissions through a closed vent systemto a flare shall meet the requirements in§ 63.983 for closed vent systems;§ 63.987 for flares; and § 63.997(a),(b)and (c) for provisions regarding flarecompliance determinations; and themonitoring, recordkeeping andreporting requirements referencedtherein. No other provisions of thissubpart apply to storage vesselemissions through a closed vent systemto a flare.

(2) Closed vent system and nonflarecontrol device. Owners or operators thatcontrol emissions through a closed ventsystem to a nonflare control device shallmeet the requirements in § 63.983 forclosed vent systems; and § 63.985 fornonflare control devices and themonitoring, recordkeeping, andreporting requirements referencedtherein. No other provisions of thissubpart apply to storage vesselemissions vented through a closed ventsystem to a nonflare control deviceunless specifically required in themonitoring plan submitted under§ 63.985(c).

(3) Route to a fuel gas system orprocess. Owners or operators thatcontrol emissions by routing storagevessel emissions to a fuel gas system orprocess shall meet the requirements in§ 63.984 and the monitoring,recordkeeping, and reportingrequirements referenced therein. Noother provisions of this subpart apply tostorage vessel emissions being routed toa fuel gas system or a process.

(b) Process vent requirements. Theowner or operator that is referred to thissubpart for controlling regulatedmaterial emissions by venting emissionsthrough a closed vent system to a flare,nonflare control device, or a finalrecovery device shall comply with theapplicable requirements of paragraphs(b)(1) through (b)(3) of this section.

(1) Closed vent system and flare.Owners or operators that controlemissions by venting emissions througha closed vent system to a flare shallmeet the applicable requirements in§ 63.983 for closed vent systems;§ 63.987 for flares; and § 63.997(a), (b)and (c) for provisions regarding flarecompliance determinations; and themonitoring, recordkeeping, andreporting requirements referenced


therein. No other provisions of thissubpart apply to process vent emissionsrouted through a closed vent system toa flare.

(2) Closed vent system and nonflarecontrol device. Owners or operators thatcontrol emissions by venting emissionsthrough a closed vent system to anonflare control device shall meet theapplicable requirements in § 63.983 forclosed vent systems; the requirementsapplicable to the control devices beingused in §§ 63.988 through 63.992, or§ 63.995; the applicable generalmonitoring requirements of § 63.996 andthe applicable performance testrequirements and procedures of§ 63.997; and the monitoring,recordkeeping, and reportingrequirements referenced therein.Owners or operators subject to halogenreduction device requirements under areferencing subpart must also complywith § 63.994 and the monitoring,recordkeeping and reportingrequirements referenced therein. Therequirements of §§ 63.984 through63.986 do not apply to process vents.

(3) Final recovery devices. Owners oroperators who use a final recoverydevice to control air emissions fromprocess vents from continuous unitoperations shall meet the requirementsin § 63.993 and the monitoring,recordkeeping, and reportingrequirements referenced therein that areapplicable to the recovery device beingused; and the applicable monitoringrequirements in § 63.996 and therecordkeeping and reportingrequirements referenced therein. Noother provisions of this subpart apply toprocess vents.

(c) Transfer rack requirements. Theowner or operator that is referred to thissubpart for controlling regulatedmaterial emissions by venting emissionsthrough a closed vent system to a flare,nonflare control device, or routing to afuel gas system or process shall complywith the applicable requirements ofparagraphs (c)(1) through (c)(4) of thissection.

(1) Closed vent system and flare.Owners or operators who vent transferrack emissions through a closed ventsystem to a flare shall meet theapplicable requirements in § 63.983 forclosed vent systems; § 63.987 for flares;and § 63.997(a), (b) and (c) forprovisions regarding flare compliancedeterminations; and the monitoring,recordkeeping, and reportingrequirements referenced therein. Noother provisions of this subpart apply totransfer rack emissions vented througha closed vent system to a flare.

(2) Closed vent system and nonflarecontrol device for low-throughput

transfer racks. An owner or operator ofa low-throughput transfer rack, asdefined in § 63.981, that vents emissionsthrough a closed vent system to anonflare control device shall meet theapplicable requirements in § 63.983 forclosed vent systems and § 63.985 fornonflare control devices and themonitoring, recordkeeping, andreporting requirements referencedtherein. The requirements of §§ 63.984through 63.986 do not apply to highthroughput transfer rack emissionsrouted through a closed vent system toa nonflare control device. No otherprovisions of this subpart apply to low-throughput transfer rack emissionsbeing routed through a closed ventsystem to a nonflare control device.

(3) Closed vent system and nonflarecontrol devices for high throughputtransfer racks. Owners or operators ofhigh throughput transfer racks that ventemissions through a closed vent systemto a nonflare control device shall meetthe applicable requirements in § 63.983for closed vent systems; therequirements applicable to the controldevice being used in §§ 63.988 through63.992, or 63.995; the applicable generalmonitoring requirements of § 63.996;and the applicable performance testrequirements and procedures of§ 63.997; and the monitoring,recordkeeping, and reportingrequirements referenced therein.Owners or operators subject tohalogenated stream requirements undera referencing subpart must also complywith § 63.994 and the monitoring,recordkeeping, and reportingrequirements referenced therein. Therequirements of §§ 63.984 through63.986 do not apply to high throughputtransfer rack emissions routed through aclosed vent system to a nonflare controldevice.

(4) Route to a fuel gas system orprocess. Owners or operators thatcontrol air emissions by routing transferrack emissions to a fuel gas system orto a process shall meet the applicablerequirements in § 63.984 and themonitoring, recordkeeping, andreporting requirements referencedtherein. No other provisions of thissubpart apply to transfer rack emissionsbeing routed to a fuel gas system orprocess.

(d) Equipment leak requirements. Theowner or operator that is referred to thissubpart for controlling regulatedmaterial emissions from equipmentleaks by venting emissions through aclosed vent system to a flare, nonflarecontrol device, or routing to a fuel gassystem or process shall comply with theapplicable requirements of paragraphs(d)(1) through (d)(3) of this section.

(1) Closed vent system and flare.Owners or operators that ventequipment leak emissions through aclosed vent system to a flare shall meetthe requirements in § 63.983 for closedvent systems; § 63.987 for flares; and§ 63.997(a), (b) and (c) for provisionsregarding flare compliancedeterminations; and the monitoring,recordkeeping, and reportingrequirements referenced therein. Noother provisions of this subpart apply toequipment leak emissions ventedthrough a closed vent system to a flare.

(2) Closed vent system and nonflarecontrol device. Owners or operators thatvent equipment leak emissions througha closed vent system to a nonflarecontrol device shall meet therequirements in § 63.983 for closed ventsystems and § 63.986 for nonflarecontrol devices used for equipment leakemissions and the monitoring,recordkeeping, and reportingrequirements referenced therein. Noother provisions of this subpart apply toequipment leak emissions ventedthrough a closed vent system to anonflare control device.

(3) Route to a fuel gas system orprocess. Owners or operators that routeequipment leak emissions to a fuel gassystem or to a process shall meet therequirements in § 63.984 and themonitoring, recordkeeping, andreporting requirements referencedtherein. No other provisions of thissubpart apply to equipment leakemissions being routed to a fuel gassystem or process.

(e) Combined emissions. Whenemissions from different emission types(e.g., emissions from process vents,transfer racks, and/or storage vessels)are combined, an owner or operatorshall comply with the requirements ofeither paragraph (e)(1) or (e)(2) of thissection.

(1) Comply with the applicablerequirements of this subpart for eachkind of emissions in the stream (e.g., therequirements of § 63.982(b) for processvents, and the requirements of§ 63.982(c) for transfer racks); or

(2) Comply with the first set ofrequirements identified in paragraphs(e)(2)(i) through (e)(2)(iii) of this sectionwhich applies to any individualemission stream that is included in thecombined stream. Compliance with thefirst applicable set of requirementsidentified in paragraphs (e)(2)(i) through(e)(2)(iii) of this section constitutescompliance with all other emissionsrequirements for other emissionstreams.

(i) The requirements of § 63.982(b) forprocess vents, including applicable


monitoring, recordkeeping, andreporting;

(ii) The requirements of § 63.982(c) forhigh throughput transfer racks,including applicable monitoring,recordkeeping, and reporting;

(iii) The requirements of § 63.982(a)for control of emissions from storagevessels or low throughput transfer racks,including applicable monitoring,recordkeeping, and reporting.

§ 63.983 Closed vent systems.(a) Closed vent system equipment and

operating requirements. The provisionsof this paragraph apply to closed ventsystems collecting regulated materialfrom a regulated source.

(1) Collection of emissions. Eachclosed vent system shall be designedand operated to collect the regulatedmaterial vapors from the emission point,and to route the collected vapors to acontrol device.

(2) Period of operation. Closed ventsystems used to comply with theprovisions of this subpart shall beoperated at all times when emissions arevented to, or collected by, them.

(3) Bypass monitoring. Except forequipment needed for safety purposessuch as pressure relief devices, low legdrains, high point bleeds, analyzervents, and open-ended valves or lines,the owner or operator shall comply withthe provisions of either paragraphs(a)(3)(i) or (a)(3)(ii) of this section foreach closed vent system that containsbypass lines that could divert a ventstream to the atmosphere.

(i) Properly install, maintain, andoperate a flow indicator that takes areading at least once every 15 minutes.Records shall be generated as specifiedin § 63.998(d)(1)(ii)(B). The flowindicator shall be installed at theentrance to any bypass line.*ERR08*

(ii) Secure the bypass line valve in thenon-diverting position with a car-seal ora lock-and-key type configuration. Avisual inspection of the seal or closuremechanism shall be performed at leastonce every month to ensure the valve ismaintained in the non-divertingposition and the vent stream is notdiverted through the bypass line.Records shall be generated as specifiedin § 63.998(d)(1)(i)(B).

(4) Loading arms at transfer racks.Each closed vent system collectingregulated material from a transfer rackshall be designed and operated so thatregulated material vapors collected atone loading arm will not pass throughanother loading arm in the rack to theatmosphere.

(5) The owner or operator of a transferrack subject to the provisions of thissubpart shall ensure that no pressure

relief device in the transfer rack’s closedvent system shall open to theatmosphere during loading. Pressurerelief devices needed for safety purposesare not subject to this paragraph.

(b) Closed vent system inspectionrequirements. The provisions of thissubpart apply to closed vent systemscollecting regulated material from aregulated source. Inspection recordsshall be generated as specified in§ 63.998(d)(1)(iii) and (d)(1)(iv).

(1) Except for closed vent systemsoperated and maintained under negativepressure, and any closed vent systemsthat are designated as unsafe or difficultto inspect as provided in paragraphs(b)(2) and (b)(3) of this section, eachclosed vent system shall be inspected asspecified in paragraph (b)(1)(i) or(b)(1)(ii) of this section.

(i) If the closed vent system isconstructed of hard-piping, the owner oroperator shall comply with therequirements specified in paragraphs(b)(1)(i)(A) and (b)(1)(i)(B) of thissection.

(A) Conduct an initial inspectionaccording to the procedures inparagraph (c) of this section; and

(B) Conduct annual visual inspectionsfor visible, audible, or olfactoryindications of leaks.

(ii) If the closed vent system isconstructed of ductwork, the owner oroperator shall conduct an initial andannual inspection according to theprocedures in paragraph (c) of thissection.

(2) Any parts of the closed ventsystem that are designated, as describedin § 63.998(d)(1)(i), as unsafe to inspectare exempt from the inspectionrequirements of paragraph (b)(1) of thissection if the conditions of paragraphs(b)(2)(i) and (b)(2)(ii) of this section aremet.

(i) The owner or operator determinesthat the equipment is unsafe-to-inspectbecause inspecting personnel would beexposed to an imminent or potentialdanger as a consequence of complyingwith paragraph (b)(1) of this section;and

(ii) The owner or operator has awritten plan that requires inspection ofthe equipment as frequently as practicalduring safe-to-inspect times. Inspectionis not required more than onceannually.

(3) Any parts of the closed ventsystem that are designated, as describedin § 63.998(d)(1)(i), as difficult-to-inspect are exempt from the inspectionrequirements of paragraph (b)(1) of thissection if the provisions of paragraphs(b)(3)(i) and (b)(3)(ii) of this sectionapply.

(i) The owner or operator determinesthat the equipment cannot be inspectedwithout elevating the inspectingpersonnel more than 2 meters (7 feet)above a support surface; and

(ii) The owner or operator has awritten plan that requires inspection ofthe equipment at least once every 5years.

(c) Closed vent system inspectionprocedures. The provisions of thisparagraph apply to closed vent systemscollecting regulated material from aregulated source.

(1) Each closed vent system subject tothis paragraph shall be inspectedaccording to the procedures specified inparagraphs (c)(1)(i) through (c)(1)(vii) ofthis section.

(i) Inspections shall be conducted inaccordance with Method 21 of 40 CFRpart 60, appendix A, except as specifiedin this section.

(ii) Except as provided in (c)(1)(iii) ofthis section, the detection instrumentshall meet the performance criteria ofMethod 21 of 40 CFR part 60, appendixA, except the instrument response factorcriteria in section 3.1.2(a) of Method 21shall be for the representativecomposition of the process fluid and notof each individual VOC in the stream.For process streams that containnitrogen, air, or other inerts that are notorganic HAP or VOC, the representativestream response factor shall bedetermined on an inert-free basis. Theresponse factor may be determined atany concentration for which themonitoring for leaks will be conducted.

(iii) If no instrument is available at theplant site that will meet theperformance criteria of Method 21specified in paragraphs (c)(1)(ii) of thissection, the instrument readings may beadjusted by multiplying by therepresentative response factor of theprocess fluid, calculated on an inert-freebasis as described in paragraphs(c)(1)(ii) of this section.

(iv) The detection instrument shall becalibrated before use on each day of itsuse by the procedures specified inMethod 21 of 40 CFR part 60, appendixA.

(v) Calibration gases shall be asspecified in paragraphs (c)(1)(v)(A)through (c)(1)(v)(C) of this section.

(A) Zero air (less than 10 parts permillion hydrocarbon in air); and

(B) Mixtures of methane in air at aconcentration less than 10,000 parts permillion. A calibration gas other thanmethane in air may be used if theinstrument does not respond to methaneor if the instrument does not meet theperformance criteria specified inparagraph (c)(1)(ii) of this section. Insuch cases, the calibration gas may be a


mixture of one or more of thecompounds to be measured in air.

(C) If the detection instrument’sdesign allows for multiple calibrationscales, then the lower scale shall becalibrated with a calibration gas that isno higher than 2,500 parts per million.

(vi) An owner or operator may electto adjust or not adjust instrumentreadings for background. If an owner oroperator elects not to adjust readings forbackground, all such instrumentreadings shall be compared directly to500 parts per million to determinewhether there is a leak. If an owner oroperator elects to adjust instrumentreadings for background, the owner oroperator shall measure backgroundconcentration using the procedures inthis section. The owner or operator shallsubtract the background reading fromthe maximum concentration indicatedby the instrument.

(vii) If the owner or operator elects toadjust for background, the arithmeticdifference between the maximumconcentration indicated by theinstrument and the background levelshall be compared with 500 parts permillion for determining whether there isa leak.

(2) The instrument probe shall betraversed around all potential leakinterfaces as close to the interface aspossible as described in Method 21 of40 CFR part 60, appendix A.

(3) Except as provided in paragraph(c)(4) of this section, inspections shallbe performed when the equipment is inregulated material service, or in usewith any other detectable gas or vapor.

(4) Inspections of the closed ventsystem collecting regulated materialfrom a transfer rack shall be performedonly while a tank truck or railcar isbeing loaded or is otherwise pressurizedto normal operating conditions withregulated material or any otherdetectable gas or vapor.

(d) Closed vent system leak repairprovisions. The provisions of thisparagraph apply to closed vent systemscollecting regulated material from aregulated source.

(1) If there are visible, audible, orolfactory indications of leaks at the timeof the annual visual inspectionsrequired by paragraph (b)(1)(i)(B) of thissection, the owner or operator shallfollow the procedure specified in eitherparagraph (d)(1)(i) or (d)(1)(ii) of thissection.

(i) The owner or operator shalleliminate the leak.

(ii) The owner or operator shallmonitor the equipment according to theprocedures in paragraph (c) of thissection.

(2) Leaks, as indicated by aninstrument reading greater than 500parts per million by volume abovebackground or by visual inspections,shall be repaired as soon as practical,except as provided in paragraph (d)(3)of this section. Records shall begenerated as specified in§ 63.998(d)(1)(iii) when a leak isdetected.

(i) A first attempt at repair shall bemade no later than 5 calendar days afterthe leak is detected.

(ii) Except as provided in paragraph(d)(2) of this section, repairs shall becompleted no later than 15 calendardays after the leak is detected or at thebeginning of the next introduction ofvapors to the system, whichever is later.

(3) Delay of repair of a closed ventsystem for which leaks have beendetected is allowed if the repair within15 days after a leak is detected istechnically infeasible without a closedvent system shutdown, as defined in thereferencing subpart, or if the owner oroperator determines that emissionsresulting from immediate repair wouldbe greater than the emissions likely toresult from delay of repair. Repair ofsuch equipment shall be completed assoon as practical, but not later than theend of the next closed vent systemshutdown.

§ 63.984 Fuel gas systems and processesto which storage vessel, transfer rack, orequipment leak regulated materialemissions are routed.

(a) Equipment and operatingrequirements for fuel gas systems andprocesses. (1) Except as provided in thereferencing subpart, the fuel gas systemor process shall be operating at all timeswhen regulated material emissions arerouted to it.

(2) The owner or operator of a transferrack subject to the provisions of thissubpart shall ensure that no pressurerelief device in the transfer rack’ssystem returning vapors to a fuel gassystem or process shall open to theatmosphere during loading. Pressurerelief devices needed for safety purposesare not subject to this paragraph.

(3) The owner or operator of a transferrack subject to the provisions of thissubpart shall ensure that no pressurerelief device in the transfer rack’ssystem returning vapors to a fuel gassystem or process shall open to theatmosphere during loading. Pressurerelief devices needed for safety purposesare not subject to this paragraph.

(b) Fuel gas system and processcompliance determination. (1) Ifemissions are routed to a fuel gassystem, there is no requirement to

conduct a performance test or designevaluation.

(2) If emissions are routed to aprocess, the regulated material in theemissions shall meet one or more of theconditions specified in paragraphs(b)(2)(i) through (b)(2)(iv) of this section.The owner or operator of storage vesselssubject to this paragraph shall complywith the compliance demonstrationrequirements in paragraph (b)(3) of thissection.

(i) Recycled and/or consumed in thesame manner as a material that fulfillsthe same function in that process;

(ii) Transformed by chemical reactioninto materials that are not regulatedmaterials;

(iii) Incorporated into a product; and/or

(iv) Recovered.(3) To demonstrate compliance with

paragraph (b)(2) of this section for astorage vessel, the owner or operatorshall prepare a design evaluation (orengineering assessment) thatdemonstrates the extent to which one ormore of the conditions specified inparagraphs (b)(2)(i) through (b)(2)(iv) ofthis section are being met. The owner oroperator shall submit the designevaluation as specified in§ 63.999(b)(3)(iii).

(c) Statement of connection. Forstorage vessels and transfer racks, theowner or operator shall submit thereports specified in § 63.999(b)(1)(ii)and/or (b)(1)(iii), as appropriate.

§ 63.985 Nonflare control devices used tocontrol emissions from storage vessels andlow throughput transfer racks.

(a) Nonflare control device equipmentand operating requirements. The owneror operator shall operate and maintainthe nonflare control device so that themonitored parameters defined asrequired in paragraph (c) of this sectionremain within the ranges specified inthe Initial Compliance Status Reportwhenever emissions of regulatedmaterial are routed to the control deviceexcept during periods of startup,shutdown, and malfunction.

(b) Nonflare control device designevaluation or performance testrequirements. When using a controldevice other than a flare, the owner oroperator shall comply with therequirements in paragraphs (b)(1)(i),(b)(1)(ii), or (b)(1)(iii) of this section,except as provided in paragraph (b)(2) ofthis section.

(1) Unless a design evaluation orperformance test is required in thereferencing subpart or was previouslyconducted and submitted for a storagevessel or low-throughput transfer rack,the owner or operator shall either


prepare and submit with the InitialCompliance Status Report, as specifiedin § 63.999(b)(5), a design evaluationthat includes the information specifiedin paragraph (b)(1)(i) of this section, orthe results of the performance test asdescribed in paragraph (b)(1)(ii) or(b)(1)(iii) of this section.

(i) Design evaluation. The designevaluation shall include documentationdemonstrating that the control devicebeing used achieves the required controlefficiency during the reasonablyexpected maximum storage vessel fillingor transfer loading rate. Thisdocumentation is to include adescription of the gas stream that entersthe control device, including flow andregulated material content, andadditionally for storage vessels, undervarying liquid level conditions, and theinformation specified in paragraphs(b)(1)(i)(A) through (b)(1)(i)(E) of thissection, as applicable. Thisdocumentation shall be submitted withthe Initial Compliance Status Report asspecified in § 63.999(b)(2).

(A) The efficiency determination is toinclude consideration of all vapors,gases, and liquids, other than fuels,received by the control device.

(B) If an enclosed combustion devicewith a minimum residence time of 0.5seconds and a minimum temperature of760 °C is used to meet an emissionreduction requirement specified in areferencing subpart for storage vesselsand transfer racks, documentation thatthose conditions exist is sufficient tomeet the requirements of paragraph(b)(1)(i) of this section.

(C) Except as provided in paragraph(b)(1)(i)(B) of this section, for enclosedcombustion devices, the designevaluation shall include the estimatedautoignition temperature of the streambeing combusted, the flow rate of thestream, the combustion temperature,and the residence time at thecombustion temperature.

(D) For carbon adsorbers, the designevaluation shall include the estimatedaffinity of the regulated material vaporsfor carbon, the amount of carbon in eachbed, the number of beds, the humidity,the temperature, the flow rate of theinlet stream and, if applicable, thedesorption schedule, the regenerationstream pressure or temperature, and theflow rate of the regeneration stream. Forvacuum desorption, pressure drop shallbe included.

(E) For condensers, the designevaluation shall include the finaltemperature of the stream vapors, thetype of condenser, and the design flowrate of the emission stream.

(ii) Performance test. A performancetest is acceptable to demonstrate

compliance with emission reductionrequirements for storage vessels andtransfer racks. The owner or operator isnot required to prepare a designevaluation for the control device asdescribed in paragraph (b)(1)(i) of thissection if a performance test will beperformed that meets the criteriaspecified in paragraphs (b)(1)(ii)(A) and(b)(1)(ii)(B) of this section.

(A) The performance test willdemonstrate that the control deviceachieves greater than or equal to therequired control device performancelevel specified in a referencing subpartfor storage vessels and transfer racks;and

(B) The performance test meets theapplicable performance testrequirements and the results aresubmitted as part of the InitialCompliance Status Report as specifiedin § 63.999(b)(2).

(iii) If the control device used tocomply with storage vessel or with low-throughput transfer rack controlrequirements is also used to complywith process vent or nonlow throughputtransfer rack control requirements, aperformance test required by§§ 63.988(b), 63.989(b), 63.990(b),63.991(b), 63.992(b), or 63.995(b) isacceptable to demonstrate compliancewith storage vessel and low throughputtransfer rack control requirements. Theowner or operator is not required toprepare a design evaluation for thecontrol device as described in paragraph(b)(1)(i) of this section, if a performancetest will be performed that meets thecriteria specified in paragraphs(b)(1)(iii)(A) and (b)(1)(iii)(B) of thissection.

(A) The performance testdemonstrates that the control deviceachieves greater than or equal to therequired efficiency specified in thereferencing subpart for storage vessels ortransfer racks; and

(B) The performance test is submittedas part of the Initial Compliance StatusReport as specified in § 63.999(b)(2).

(2) A design evaluation orperformance test is not required if theowner or operator uses a combustiondevice meeting the criteria in paragraph(b)(2)(i), (b)(2)(ii), (b)(2)(iii), or (b)(2)(iv)of this section.

(i) A boiler or process heater with adesign heat input capacity of 44megawatts (150 million British thermalunits per hour) or greater.

(ii) A boiler or process heater burninghazardous waste for which the owner oroperator meets the requirementsspecified in paragraph (b)(2)(ii)(A) or(b)(2)(ii)(B) of this section.

(A) The boiler or process heater hasbeen issued a final permit under 40 CFR

part 270 and complies with therequirements of 40 CFR part 266,subpart H, or

(B) The boiler or process heater hascertified compliance with the interimstatus requirements of 40 CFR part 266,subpart H.

(iii) A hazardous waste incinerator forwhich the owner or operator meets therequirements specified in paragraph(b)(2)(iii)(A) or (b)(2)(iii)(B) of thissection.

(A) The incinerator has been issued afinal permit under 40 CFR part 270 andcomplies with the requirements of 40CFR part 264, subpart O; or

(B) Has certified compliance with theinterim status requirements of 40 CFRpart 265, subpart O.

(iv) A boiler or process heater intowhich the vent stream is introducedwith the primary fuel.

(c) Nonflare control device monitoringrequirements. (1) The owner or operatorshall submit with the Initial ComplianceStatus Report, a monitoring plancontaining the information specified in§ 63.999(b)(2) to identify the parametersthat will be monitored to assure properoperation of the control device.

(2) The owner or operator shallmonitor the parameters specified in theInitial Compliance Status Report, in theoperating permit. Records shall begenerated as specified in§ 63.998(d)(2)(i).

§ 63.986 Nonflare control devices used forequipment leaks only.

(a) Equipment and operatingrequirements. (1) Owners or operatorsusing a nonflare control device to meetthe applicable requirements of areferencing subpart for equipment leaksshall meet the requirements of thissection.

(2) Control devices used to complywith the provisions of this subpart shallbe operated at all times when emissionsare vented to them.

(b) Performance test requirements. Aperformance test is not required for anycontrol device used only to controlemissions from equipment leaks.

(c) Monitoring requirements. Ownersor operators of control devices that areused to comply only with the provisionsof a referencing subpart for control ofequipment leak emissions shall monitorthese control devices to ensure that theyare operated and maintained inconformance with their design. Theowner or operator shall maintain therecords as specified in § 63.998(d)(4).

§ 63.987 Flare requirements.(a) Flare equipment and operating

requirements. Flares subject to thissubpart shall meet the performance


requirements of paragraphs (a)(1)through (a)(7) of this section.

(1) Flares shall be operated at alltimes when emissions are vented tothem.

(2) Flares shall be designed for andoperated with no visible emissions asdetermined by the methods specified inparagraph (b)(3)(i) of this section, exceptfor periods not to exceed a total of 5minutes during any two consecutivehours.

(3) Flares shall be operated with aflare flame or at least one pilot flamepresent at all times, as determined bythe methods specified in paragraph (c)of this section.

(4) Flares shall be used only when thenet heating value of the gas beingcombusted is 11.2 megajoules perstandard cubic meter (300 Britishthermal units per standard cubic foot) or

greater if the flare is steam-assisted orair-assisted; or when the net heatingvalue of the gas being combusted is 7.45megajoules per standard cubic meter(200 British thermal units per standardcubic foot) or greater if the flare isnonassisted. The net heating value ofthe gas being combusted shall bedetermined by the methods specified inparagraph (b)(3)(ii) of this section.

(5) Flares used to comply with thissection shall be steam-assisted, air-assisted, or nonassisted.

(6) Steam-assisted and nonassistedflares shall be designed for and operatedwith an exit velocity, as determined bythe methods specified in paragraph(b)(3)(iii) of this section, of less than18.3 meters per second (60 feet persecond), except as provided inparagraphs (a)(6)(i) and (a)(6)(ii) of thissection, as applicable.

(i) Steam-assisted and nonassistedflares shall be designed for and operatedwith an exit velocity, as determined bythe methods specified in paragraph(b)(3)(iii) of this section, equal to or lessthan 122 meters per second (400 feet persecond) if the net heating value of thegas being combusted is greater than 37.3megajoules per standard cubic meter(1,000 British thermal units perstandard cubic foot).

(ii) Steam-assisted and nonassistedflares shall be designed for and operatedwith an exit velocity, as determined bythe methods specified in paragraph(b)(3)(iii) of this section, of less than thevelocity, Vmax, and less than 122 metersper second (400 feet per second), wherethe maximum permitted velocity, Vmax,is determined by the following equation.

Log V H EqT10 28 8 31 7max . / . [ . ]( ) = +( ) 1

Where:

Vmax = Maximum permitted velocity,meters per second

28.8 = Constant31.7 = Constant

HT = The net heating value asdetermined in paragraph (b)(3)(ii) ofthis section.

(7) Air-assisted flares shall bedesigned for and operated with an exit

velocity as determined by the methodsspecified in paragraph (b)(3)(iii) of thissection less than the velocity, Vmax,where the maximum permitted velocity,Vmax, is determined by the followingequation.

V H EqTmax . . [ . ]= + ( )8 706 0 7084 2

Where:Vmax = Maximum permitted velocity,

meters per second8.706 = Constant0.7084 = ConstantHT = The net heating value as

determined in paragraph (b)(3)(ii) ofhis section.

(b) Flare compliance determination.(1) The owner or operator shall

conduct an initial flare compliancedetermination of any flare used tocomply with the provisions of thissubpart. Flare compliancedetermination records shall be kept asspecified in § 63.998(a)(1) and a flarecompliance determination report shallbe submitted as specified in§ 63.999(a)(2). An owner or operator isnot required to conduct a performancetest to determine percent emissionreduction or outlet regulated material ortotal organic compound concentrationwhen a flare is used.

(2) Unless already permitted by theapplicable title V permit, if an owner oroperator elects to use a flare to replacean existing control device at a later date,the owner or operator shall notify theAdministrator, either by amendment of

the regulated source’s title V permit or,if title V is not applicable, bysubmission of the notice specified in§ 63.999(b)(7) before implementing thechange. Upon implementing the change,a flare compliance determination shallbe performed using the methodsspecified in paragraph (b)(3) of thissection within 180 days. Thecompliance determination report shallbe submitted to the Administratorwithin 60 days of completing thedetermination as provided in§ 63.999(a)(2)(ii). If an owner or operatorelects to use a flare to replace anexisting final recovery device that isused on an applicable process vent, theowner or operator shall comply with theapplicable provisions in referencingsubpart.

(3) Flare compliance determinationsshall meet the requirements specified inparagraphs (b)(3)(i) through (b)(3)(iv) ofthis section.

(i) Method 22 of appendix A of part60 shall be used to determine thecompliance of flares with the visibleemission provisions of this subpart. Theobservation period is 2 hours, except for

transfer racks as provided in (b)(3)(i)(A)or (b)(3)(i)(B) of this section.

(A) For transfer racks, if the loadingcycle is less than 2 hours, then theobservation period for that run shall befor the entire loading cycle.

(B) For transfer racks, if additionalloading cycles are initiated within the 2-hour period, then visible emissionsobservations shall be conducted for theadditional cycles.

(ii) The net heating value of the gasbeing combusted in a flare shall becalculated using the following equation:

H K D H EqT j jj

n

==∑1

1

3[ . ]

Where:

HT = Net heating value of the sample,megajoules per standard cubicmeter; where the net enthalpy permole of offgas is based oncombustion at 25 °C and 760millimeters of mercury (30 inchesof mercury), but the standardtemperature for determining thevolume corresponding to one moleis 20 °C;


K1 = 1.740 × 10¥7 (parts per million byvolume)¥1 (gram-mole perstandard cubic meter) (megajoulesper kilocalories), where thestandard temperature for gram moleper standard cubic meter is 20 °C;

Dj = Concentration of samplecomponent j, in parts per million byvolume on a wet basis, as measuredfor organics by Method 18 of part60, appendix A and measured forhydrogen and carbon monoxide byAmerican Society for Testing andMaterials (ASTM) D1946–77; and

Hj = Net heat of combustion of samplecomponent j, kilocalories per grammole at 25 °C and 760 millimetersof mercury (30 inches of mercury).The heat of combustion of streamcomponents may be determinedusing ASTM D2382–76 if publishedvalues are not available or cannotbe calculated.

(iii) The actual exit velocity of a flareshall be determined by dividing thevolumetric flowrate (in units of standardtemperature and pressure), asdetermined by Methods 2, 2A, 2C, or 2Dof 40 CFR part 60, appendix A asappropriate; by the unobstructed (free)cross sectional area of the flare tip.

(iv) Flare flame or pilot monitors, asapplicable, shall be operated during anyflare compliance determination.

(c) Flare monitoring requirements.Where a flare is used, the followingmonitoring equipment is required: adevice (including but not limited to athermocouple, ultra-violet beam sensor,or infrared sensor) capable ofcontinuously detecting that at least onepilot flame or the flare flame is present.Flame monitoring and compliancerecords shall be kept as specified in§ 63.998(a)(1).

§ 63.988 Incinerators.(a) Incinerator equipment and

operating requirements. (1) Owners oroperators using incinerators to meet aweight-percent emission reduction orparts per million by volume outletconcentration requirement specified in areferencing subpart shall meet therequirements of this section.

(2) Incinerators used to comply withthe provisions of a referencing subpartand this subpart shall be operated at alltimes when emissions are vented tothem.

(b) Incinerator performance testrequirements. (1) Except as specified in§ 63.997(b), and paragraph (b)(2) of thissection, the owner or operator shallconduct an initial performance test ofany incinerator used to comply with theprovisions of a referencing subpart andthis subpart according to the proceduresin §§ 63.997(a) through (e). Performance

test records shall be kept as specified in§ 63.998(a)(2)(i) and (a)(2)(ii) and aperformance test report shall besubmitted as specified in § 63.999(a). Asprovided in § 63.985(b)(1), aperformance test may be used as analternative to the design evaluation forstorage vessels and low throughputtransfer rack controls. As provided in§ 63.986(b), no performance test isrequired for equipment leaks.

(2) An owner or operator is notrequired to conduct a performance testfor a hazardous waste incinerator forwhich the owner or operator has beenissued a final permit under 40 CFR part270 and complies with the requirementsof 40 CFR part 264, subpart O, or hascertified compliance with the interimstatus requirements of 40 CFR part 265,subpart O.

(3) Unless already permitted by theapplicable title V permit, if an owner oroperator elects to use an incinerator toreplace an existing control device at alater date, the owner or operator shallnotify the Administrator, either byamendment of the regulated source’stitle V permit or, if title V is notapplicable, by submission of the noticespecified in § 63.999(b)(7) beforeimplementing the change. Uponimplementing the change, an incineratorperformance test shall be performed,using the methods specified in§ 63.997(a) through (e) within 180 days,if required by paragraph (b)(1) of thissection. The performance test reportshall be submitted to the Administratorwithin 60 days of completing thedetermination, as provided in§ 63.999(a)(1)(ii).

(c) Incinerator monitoringrequirements. (1) Where an incineratoris used, a temperature monitoringdevice capable of providing acontinuous record that meets theprovisions specified in paragraph(c)(1)(i) or (c)(1)(ii) of this section isrequired. Monitoring results shall berecorded as specified in § 63.998(b).General requirements for monitoringand continuous parameter monitoringsystems are contained in the referencingsubpart and § 63.996.

(i) Where an incinerator other than acatalytic incinerator is used, atemperature monitoring device shall beinstalled in the fire box or in theductwork immediately downstream ofthe fire box in a position before anysubstantial heat exchange occurs.

(ii) Where a catalytic incinerator isused, temperature monitoring devicesshall be installed in the gas streamimmediately before and after thecatalyst bed.

(2) The owner or operator shallestablish a range for monitored

parameters that indicate properoperation of the incinerator. In order toestablish the range, the informationrequired in § 63.999(b)(3) shall besubmitted in the Initial ComplianceStatus Report or the operating permitapplication or amendment. The rangemay be based upon a prior performancetest meeting the specifications of§ 63.997(b)(1) or upon existing ranges orlimits established under a referencingsubpart.

§ 63.989 Boilers and process heaters.(a) Boiler and process heater

equipment and operating requirements.(1) Owners or operators using boilersand process heaters to meet a weight-percent emission reduction or parts permillion by volume outlet concentrationrequirement specified in a referencingsubpart shall meet the requirements ofthis section.

(2) The vent stream shall beintroduced into the flame zone of theboiler or process heater.

(3) Boilers and process heaters used tocomply with the provisions of areferencing subpart and this subpartshall be operated at all times whenemissions are vented to them.

(b) Boiler and process heaterperformance test requirements. (1)Except as specified in § 63.997(b), andparagraph (b)(2) of this section, theowner or operator shall conduct aninitial performance test of any boiler orprocess heater used to comply with theprovisions of a referencing subpart andthis subpart according to the proceduresin § 63.997(a) through (e). Performancetest records shall be kept as specified in§ 63.998(a)(2)(i) and (a)(2)(ii) and aperformance test report shall besubmitted as specified in § 63.999(a). Asprovided in § 63.985(b)(1), aperformance test may be used as analternative to the design evaluation forstorage vessels and low throughputtransfer rack control requirements. Asprovided in § 63.986(b), no performancetest is required to demonstratecompliance for equipment leaks.

(2) An owner or operator is notrequired to conduct a performance testwhen any of the control devicesspecified in paragraphs (b)(2)(i) through(b)(2)(iii) are used.

(i) A boiler or process heater with adesign heat input capacity of 44megawatts (150 million British thermalunits per hour) or greater.

(ii) A boiler or process heater intowhich the vent stream is introducedwith the primary fuel or is used as theprimary fuel.

(iii) A boiler or process heater burninghazardous waste for which the owner oroperator meets the requirements


specified in paragraph (b)(2)(iii)(A) or(b)(2)(iii)(B) of this section.

(A) The boiler or process heater hasbeen issued a final permit under 40 CFRpart 270 and complies with therequirements of 40 CFR part 266,subpart H; or

(B) The boiler or process heater hascertified compliance with the interimstatus requirements of 40 CFR part 266,subpart H.

(3) Unless already permitted by theapplicable title V permit, if an owner oroperator elects to use a boiler or processheater to replace an existing controldevice at a later date, the owner oroperator shall notify the Administrator,either by amendment of the regulatedsource’s title V permit or, if title V is notapplicable, by submission of the noticespecified in § 63.999(b)(7) beforeimplementing the change. Uponimplementing the change, a boiler orprocess heater performance test shall beperformed using the methods specifiedin § 63.997(a) through (e) within 180days, if required by paragraph (b)(1) ofthis section. The performance test reportshall be submitted to the Administratorwithin 60 days of completing thedetermination as provided in§ 63.999(a)(2)(ii).

(c) Boiler and process heatermonitoring requirements. (1) Where aboiler or process heater of less than 44megawatts (150 million British thermalunits per hour) design heat inputcapacity is used and the regulated ventstream is not introduced as or with theprimary fuel, a temperature monitoringdevice in the fire box capable ofproviding a continuous record isrequired. Any boiler or process heater inwhich all vent streams are introducedwith primary fuel or are used as theprimary fuel is exempt from monitoring.Monitoring results shall be recorded asspecified in § 63.998(b). Generalrequirements for monitoring andcontinuous parameter monitoringsystems are contained in the referencingsubpart and § 63.996.

(2) Where monitoring is required, theowner or operator shall establish a rangefor monitored parameters that indicatesproper operation of the boiler or processheater. In order to establish the range,the information required in§ 63.999(b)(3) shall be submitted in theInitial Compliance Status Report or theoperating permit application oramendment. The range may be basedupon a prior performance test meetingthe specifications of § 63.997(b)(1) orupon existing ranges or limitsestablished under a referencing subpart.

§ 63.990 Absorbers used as controldevices.

(a) Absorber equipment and operatingrequirements. (1) Owners or operatorsusing absorbers to meet a weight-percent or parts per million by volumeoutlet concentration requirementspecified in a referencing subpart shallmeet the requirements of this section.

(2) Absorbers used to comply with theprovisions of a referencing subpart andthis subpart shall be operated at alltimes when emissions are vented tothem.

(b) Absorber performance testrequirements. (1) Except as specified in§ 63.997(b), the owner or operator shallconduct an initial performance test ofany absorber used as a recapture deviceto comply with the provisions of thereferencing subpart and this subpartaccording to the procedures in§ 63.997(a) through (e). Performance testrecords shall be kept as specified in§ 63.998(a)(2)(i) and (a)(2)(ii) and aperformance test report shall besubmitted as specified in § 63.999(a). Asprovided in § 63.985(b)(1), aperformance test may be used as analternative to the design evaluation forstorage vessels and low throughputtransfer rack controls. As provided in§ 63.986(b), no performance test isrequired to demonstrate compliance forequipment leaks.

(2) Unless already permitted by theapplicable title V permit, if an owner oroperator elects to use an absorber toreplace an existing recovery or controldevice at a later date, the owner oroperator shall notify the Administrator,either by amendment of the regulatedsource’s title V permit or, if title V is notapplicable, by submission of the noticespecified in § 63.999(b)(7) beforeimplementing the change. Uponimplementing the change, theprovisions specified in paragraphs(b)(2)(i) or (b)(2)(ii) as applicable shallbe followed.

(i) Replace final recovery device. If anowner or operator elects to replace thefinal recovery device on a process ventwith an absorber used as a controldevice, the owner or operator shallcomply with the applicableapplicability determination provisionsof a referencing subpart.

(ii) Replace control device. If anowner or operator elects to replace acontrol device on a process vent or atransfer rack with an absorber used as acontrol device, the owner or operatorshall perform a performance test usingthe methods specified in § 63.997(a)through (e) within 180 days. Theperformance test report shall besubmitted to the Administrator within

60 days of completing the test asprovided in § 63.999(a)(2)(ii).

(c) Absorber monitoring requirements.(1) Where an absorber is used as acontrol device, either an organicmonitoring device capable of providinga continuous record or a scrubbingliquid temperature monitoring deviceand a specific gravity monitoringdevice, each capable of providing acontinuous record, shall be used.Monitoring results shall be recorded asspecified in § 63.998(b). Generalrequirements for monitoring andcontinuous parameter monitoringsystems are contained in a referencingsubpart and § 63.996.

(2) The owner or operator shallestablish a range for monitoredparameters that indicates properoperation of the absorber. In order toestablish the range, the informationrequired in § 63.999(b)(3) shall besubmitted in the Initial ComplianceStatus Report or the operating permitapplication or amendment. The rangemay be based upon a prior performancetest meeting the specifications of§ 63.997(b)(1) or upon existing ranges orlimits established under a referencingsubpart.

§ 63.991 Condensers used as controldevices.

(a) Condenser equipment andoperating requirements. (1) Owners oroperators using condensers to meet aweight-percent emission reduction orparts per million by volume outletconcentration requirement specified in areferencing subpart shall meet therequirements of this section.

(2) Condensers used to comply withthe provisions of a referencing subpartand this subpart shall be operated at alltimes when emissions are vented tothem.

(b) Condenser performance testrequirements. (1) Except as specified in§ 63.997(b), the owner or operator shallconduct an initial performance test ofany condenser used as a recapturedevice to comply with the provisions ofa referencing subpart and this subpartaccording to the procedures in§ 63.997(a) through (e). Performance testrecords shall be kept as specified in§ 63.998(a)(2)(i) and (a)(2)(ii) and aperformance test report shall besubmitted as specified in § 63.999(a). Asprovided in § 63.985(b)(1), aperformance test may be used as analternative to the design evaluation forstorage vessels and low throughputtransfer rack controls. As provided in§ 63.986(b), no performance test isrequired to demonstrate compliance forequipment leaks.


(2) Unless already permitted by theapplicable title V permit, if an owner oroperator elects to use a condenser toreplace an existing recovery or controldevice at a later date, the owner oroperator shall notify the Administrator,either by amendment of the regulatedsource’s title V permit or, if title V is notapplicable, by submission of the noticespecified in § 63.999(b)(7) beforeimplementing the change. Uponimplementing the change, theprovisions specified in paragraphs(b)(2)(i) or (b)(2)(ii) of this section, asapplicable, shall be followed.

(i) Replace final recovery device. If anowner or operator elects to replace thefinal recovery device on a process ventwith a condenser used as a controldevice, the owner or operator shallcomply with the applicableapplicability determination provisionsof a referencing subpart.

(ii) Replace control device. If anowner or operator elects to replace acontrol device on a process vent or atransfer rack with a condenser used asa control device, the owner or operatorshall perform a performance test usingthe methods specified in § 63.997(a)through (e) within 180 days. Theperformance test report shall besubmitted to the Administrator within60 days of completing the test asprovided in § 63.999(a)(2)(ii).

(c) Condenser monitoringrequirements. (1) Where a condenser isused as a control device, an organicmonitoring device capable of providinga continuous record or a condenser exit(product side) temperature monitoringdevice capable of providing acontinuous record shall be used.Monitoring results shall be recorded asspecified in § 63.998(b). Generalrequirements for monitoring andcontinuous parameter monitoringsystems are contained in a referencingsubpart and § 63.999(b)(iii).

(2) The owner or operator shallestablish a range for monitoredparameters that indicates properoperation of a condenser. In order toestablish the range, the informationrequired in § 63.999(b)(5) shall besubmitted in the Initial ComplianceStatus Report or the operating permitapplication or amendment. The rangemay be based upon a prior performancetest meeting the specifications in§ 63.997(b)(1) or upon existing ranges orlimits established under a referencingsubpart.

§ 63.992 Carbon adsorbers used ascontrol devices.

(a) Carbon adsorber equipment andoperating requirements. (1) Owners oroperators using carbon adsorbers to

meet a weight-percent emissionreduction or parts per million byvolume outlet concentrationrequirement specified in a referencingsubpart shall meet the requirements ofthis section.

(2) Carbon adsorbers used to complywith the provisions of a referencingsubpart and this subpart shall beoperated at all times when emissions arevented to them.

(b) Carbon adsorber performance testrequirements. (1) Except as specified in§ 63.997(b), the owner or operator shallconduct an initial performance test ofany carbon absorber used as a controldevice to comply with the provisions ofa referencing subpart and this subpartaccording to the procedures in§ 63.997(a) through (e). Performance testrecords shall be kept as specified in§ 63.998(a)(1) and (a)(2) and aperformance test report shall besubmitted as specified in § 63.999(a). Asprovided in § 63.985(b)(1), aperformance test may be used as analternative to the design evaluation forstorage vessels and low-throughputtransfer rack controls. As provided in§ 63.986(b), no performance test isrequired to demonstrate compliance forequipment leaks.

(2) Unless already permitted by theapplicable title V permit, if an owner oroperator elects to use a carbon adsorberto replace an existing recovery orcontrol device at a later date, the owneror operator shall notify theAdministrator, either by amendment ofthe regulated source’s title V permit or,if title V is not applicable, bysubmission of the notice specified in§ 63.999(b)(7) before implementing thechange. Upon implementing the change,the provisions specified in paragraphs(b)(2)(i) or (b)(2)(ii), as applicable, shallbe followed.

(i) Replace final recovery device. If anowner or operator elects to replace thefinal recovery device on a process ventwith a carbon adsorber used as a controldevice, the owner or operator shallcomply with the applicableapplicability determination provisionsof a referencing subpart.

(ii) Replace control device. If anowner or operator elects to replace acontrol device on a process vent ortransfer rack with a carbon adsorberused as a recapture device, the owner oroperator shall perform a performancetest using the methods specified in§ 63.997 (a) through (e) within 180 days.The performance test report shall besubmitted to the Administrator within60 days of completing the test asprovided in § 63.999(a)(2)(ii).

(c) Carbon adsorber monitoringrequirements. (1) Where a carbon

adsorber is used as a control device, anorganic monitoring device capable ofproviding a continuous record or anintegrating regeneration stream flowmonitoring device having an accuracy of±10 percent or better, capable ofrecording the total regeneration streammass or volumetric flow for eachregeneration cycle; and a carbon bedtemperature monitoring device, capableof recording the carbon bed temperatureafter each regeneration and within 15minutes of completing any cooling cycleshall be used. Monitoring results shallbe recorded as specified in § 63.998(b).General requirements for monitoringand continuous parameter monitoringsystems are contained in a referencingsubpart and § 63.996.

(2) The owner or operator shallestablish a range for monitoredparameters that indicates properoperation of the carbon adsorber. Wherethe regeneration stream flow andcarbon-bed temperature are monitored,the range shall be in terms of the totalregeneration stream flow perregeneration cycle and the temperatureof the carbon bed determined within 15minutes of the completion of theregeneration cooling cycle. In order toestablish the range, the informationrequired in § 63.999(b)(3) shall besubmitted in the Initial ComplianceStatus Report or the operating permitapplication or amendment. The rangemay be based upon a prior performancetest meeting the specifications in§ 63.997(b)(1) or upon existing ranges orlimits established under a referencingsubpart.

§ 63.993 Absorbers, condensers, carbonadsorbers and other recovery devices usedas final recovery.

(a) Final recovery device equipmentand operating requirements. (1) Ownersor operators using a recovery device tomeet the requirement to operate tomaintain a TRE above a level specifiedin a referencing subpart shall meet therequirements of this section.

(2) Recovery devices used to complywith the provisions of a referencingsubpart and this subpart shall beoperated at all times when emissions arevented to them.

(b) Recovery device performance testrequirements. (1) There are noperformance test requirements forrecovery devices. TRE index valuedetermination records shall begenerated as specified in § 63.998(a)(3).

(2) Replace a final recovery device orcontrol device. Unless already permittedby the applicable title V permit, if anowner or operator elects to use arecovery device to replace an existingfinal recovery or control device at a later


date, the owner or operator shall notifythe Administrator, either by amendmentof the regulated source’s title V permitor, if title V is not applicable, bysubmission of the notice specified in§ 63.999(d) before implementing thechange. Upon implementing the change,the owner or operator shall comply withthe applicable applicabilitydetermination provisions of areferencing subpart.

(c) Recovery device monitoringrequirements. (1) Where an absorber isthe final recovery device in the recoverysystem and the TRE index value isbetween the level specified in areferencing subpart and 4.0, either anorganic monitoring device capable ofproviding a continuous record or ascrubbing liquid temperaturemonitoring device and a specific gravitymonitoring device, each capable ofproviding a continuous record shall beused. General requirements formonitoring and continuous parametermonitoring systems are contained in§ 63.996.

(2) Where a condenser is the finalrecovery device in the recovery systemand the TRE index value is between thelevel specified in a referencing subpartand 4.0, an organic monitoring devicecapable of providing a continuousrecord or a condenser exit (product side)temperature monitoring device capableof providing a continuous record shallbe used. General requirements formonitoring and continuous parametermonitoring systems are contained in areferencing subpart and § 63.996.

(3) Where a carbon adsorber is thefinal recovery device in the recoverysystem and the TRE index value isbetween the level specified in areferencing subpart and 4.0, an organicmonitoring device capable of providinga continuous record or an integratingregeneration stream flow monitoringdevice having an accuracy of ±10percent or better, capable of recordingthe total regeneration stream mass orvolumetric flow for each regenerationcycle; and a carbon-bed temperaturemonitoring device, capable of recordingthe carbon-bed temperature after eachregeneration and within 15 minutes ofcompleting any cooling cycle shall beused. Monitoring results shall berecorded as specified in § 63.998(b).General requirements for monitoringand continuous parameter monitoringsystems are contained in a referencingsubpart and § 63.996.

(4) If an owner or operator uses arecovery device other than those listedin this subpart, the owner or operatorshall submit a description of plannedmonitoring, reporting andrecordkeeping procedures as required

under § 63.998(c)(5). The Administratorwill approve or deny the proposedmonitoring, reporting andrecordkeeping requirements as part ofthe review of the submission or permitapplication or by other appropriatemeans.

(5) The owner or operator shallestablish a range for monitoredparameters that indicates properoperation of the recovery device. Inorder to establish the range, theinformation required in § 63.999(b)(3)shall be submitted in the InitialCompliance Status Report or theoperating permit application oramendment. The range may be basedupon a prior performance test meetingthe specifications in § 63.997(b)(1) orupon existing ranges or limitsestablished under a referencing subpart.Where the regeneration stream flow andcarbon-bed temperature are monitored,the range shall be in terms of the totalregeneration stream flow perregeneration cycle and the temperatureof the carbon-bed determined within 15minutes of the completion of theregeneration cooling cycle.

§ 63.994 Halogen scrubbers and otherhalogen reduction devices.

(a) Halogen scrubber and otherhalogen reduction device equipmentand operating requirements. (1) Anowner or operator of a halogen scrubberor other halogen reduction devicesubject to this subpart shall reduce theoverall emissions of hydrogen halidesand halogens by the control deviceperformance level specified in areferencing subpart.

(2) Halogen scrubbers and otherhalogen reduction devices used tocomply with the provisions of areferencing subpart and this subpartshall be operated at all times whenemissions are vented to them.

(b) Halogen scrubber and otherhalogen reduction device performancetest requirements. (1) An owner oroperator of a combustion devicefollowed by a halogen scrubber or otherhalogen reduction device to controlhalogenated vent streams in accordancewith a referencing subpart and thissubpart shall conduct an initialperformance test to determinecompliance with the control efficiencyor emission limits for hydrogen halidesand halogens according to theprocedures in § 63.997(a) through (e).Performance test records shall be kept asspecified in § 63.998(a)(1) and (a)(2) anda performance test report shall besubmitted as specified in § 63.999(a).

(2) An owner or operator of a halogenscrubber or other halogen reductiontechnique to reduce the vent stream

halogen atom mass emission rate priorto a combustion device to comply witha performance level specified in areferencing subpart shall determine thehalogen atom mass emission rate priorto the combustor according to theprocedures specified in the referencingsubpart. Records of the halogenconcentration in the vent stream shallbe generated as specified in§ 63.998(a)(4).

(c) Halogen scrubber and otherhalogen reduction device monitoringrequirements. (1) Where a halogenscrubber is used, the monitoringequipment specified in paragraphs(c)(1)(i) and (c)(1)(ii) of this section isrequired for the scrubber. Monitoringresults shall be recorded as specified in§ 63.998(b). General requirements formonitoring and continuous parametermonitoring systems are contained in areferencing subpart and § 63.996.

(i) A pH monitoring device capable ofproviding a continuous record shall beinstalled to monitor the pH of thescrubber effluent.

(ii) A flow meter capable of providinga continuous record shall be located atthe scrubber influent for liquid flow.Gas stream flow shall be determinedusing one of the procedures specified inparagraphs (c)(1)(ii)(A) through(c)(1)(ii)(D) of this section.

(A) The owner or operator maydetermine gas stream flow using thedesign blower capacity, withappropriate adjustments for pressuredrop.

(B) The owner or operator maymeasure the gas stream flow at thescrubber inlet.

(C) If the scrubber is subject toregulations in 40 CFR parts 264 through266 that have required a determinationof the liquid to gas (L/G) ratio prior tothe applicable compliance date for theprocess unit of which it is part asspecified in a referencing subpart, theowner or operator may determine gasstream flow by the method that hadbeen utilized to comply with thoseregulations. A determination that wasconducted prior to that compliance datemay be utilized to comply with thissubpart if it is still representative.

(D) The owner or operator mayprepare and implement a gas streamflow determination plan that documentsan appropriate method that will be usedto determine the gas stream flow. Theplan shall require determination of gasstream flow by a method that will atleast provide a value for either arepresentative or the highest gas streamflow anticipated in the scrubber duringrepresentative operating conditionsother than startups, shutdowns, ormalfunctions. The plan shall include a


description of the methodology to befollowed and an explanation of how theselected methodology will reliablydetermine the gas stream flow, and adescription of the records that will bemaintained to document thedetermination of gas stream flow. Theowner or operator shall maintain theplan as specified in a referencingsubpart.

(2) Where a halogen reduction deviceother than a scrubber is used, theprocedures in § 63.998(c)(5) shall befollowed to establish monitoringparameters.

(3) The owner or operator shallestablish a range for monitoredparameters that indicates properoperation of the scrubber or otherhalogen reduction device. In order toestablish the range, the informationrequired in § 63.999(b)(3) shall besubmitted in the Initial ComplianceStatus Report or the operating permitapplication or amendment. The rangemay be based upon a prior performancetest meeting the specifications in§ 63.997(b)(1) or upon existing ranges orlimits established under a referencingsubpart.

§ 63.995 Other control devices.(a) Other control device equipment

and operating requirements. (1) Ownersor operators using another controldevice other than one listed in §§ 63.987through 63.992 to meet a weight-percentemission reduction or parts per millionby volume outlet concentrationrequirement specified in a referencingsubpart shall meet the requirements ofthis section.

(2) Other control devices used tocomply with the provisions of areferencing subpart and this subpartshall be operated at all times whenemissions are vented to them.

(b) Other control device performancetest requirements. An owner or operatorof a control device other than thosespecified in §§ 63.987 through 63.992, tocomply with a performance levelspecified in a referencing subpart shallperform an initial performance testaccording to the procedures in§ 63.997(a) through (e). Performance testrecords shall be kept as specified in§ 63.998(a)(1) and (a)(2) and aperformance test report shall besubmitted as specified in § 63.999(a).

(c) Other control device monitoringrequirements. (1) If an owner or operatoruses a control device other than thoselisted in this subpart, the owner oroperator shall submit a description ofplanned monitoring, recordkeeping andreporting procedures as required under§ 63.998(c)(5). The Administrator willapprove, deny, or modify based on the

reasonableness of the proposedmonitoring, reporting andrecordkeeping requirements as part ofthe review of the submission or permitapplication or by other appropriatemeans.

(2) The owner or operator shallestablish a range for monitoredparameters that indicates properoperation of the control device. Toestablish the range, the informationrequired in § 63.999(b)(3) shall besubmitted in the Initial ComplianceStatus Report or the operating permitapplication or amendment. The rangemay be based upon a prior performancetest meeting the specifications in§ 63.997(b)(1) or upon existing ranges orlimits established under a referencingsubpart.

§ 63.996 General monitoring requirementsfor control and recovery devices.

(a) General monitoring requirementapplicability. (1) This section applies tothe owner or operator of a regulatedsource required to monitor under thissubpart.

(2) Flares subject to § 63.987(c) are notsubject to the requirements of thissection.

(3) Flow indicators are not subject tothe requirements of this section.

(b) Conduct of monitoring. (1)Monitoring shall be conducted as setforth in this section and in the relevantsections of this subpart unless theprovision in either paragraph (b)(1)(i) or(b)(1)(ii) of this section applies.

(i) The Administrator specifies orapproves the use of minor changes inmethodology for the specifiedmonitoring requirements andprocedures; or

(ii) The Administrator approves theuse of alternatives to any monitoringrequirements or procedures as providedin the referencing subpart.

(2) When one CPMS is used as abackup to another CPMS, the owner oroperator shall report the results from theCPMS used to meet the monitoringrequirements of this subpart. If bothsuch CPMS’s are used during aparticular reporting period to meet themonitoring requirements of this part,then the owner or operator shall reportthe results from each CPMS for therelevant compliance period.

(c) Operation and maintenance ofcontinuous parameter monitoringsystems. (1) All monitoring equipmentshall be installed, calibrated,maintained, and operated according tomanufacturers specifications or otherwritten procedures that provideadequate assurance that the equipmentwould reasonably be expected tomonitor accurately.

(2) The owner or operator of aregulated source shall maintain andoperate each CPMS as specified in thissection, or in a relevant subpart, and ina manner consistent with good airpollution control practices.

(i) The owner or operator of aregulated source shall ensure theimmediate repair or replacement ofCPMS parts to correct ‘‘routine’’ orotherwise predictable CPMSmalfunctions. The necessary parts forroutine repairs of the affectedequipment shall be readily available.

(ii) If under the referencing subpart,an owner or operator has developed astartup, shutdown, and malfunctionplan, the plan is followed, and theCPMS is repaired immediately, thisaction shall be reported in thesemiannual startup, shutdown, andmalfunction report.

(iii) The Administrator’sdetermination of whether acceptableoperation and maintenance proceduresare being used for the CPMS will bebased on information that may include,but is not limited to, review of operationand maintenance procedures, operationand maintenance records,manufacturer’s recommendations andspecifications, and inspection of theCPMS.

(3) All CPMS’s shall be installed andoperational, and the data verified asspecified in this subpart either prior toor in conjunction with conductingperformance tests. Verification ofoperational status shall, at a minimum,include completion of themanufacturer’s written specifications orrecommendations for installation,operation, and calibration of the systemor other written procedures that provideadequate assurance that the equipmentwould reasonably be expected tomonitor accurately.

(4) All CPMS’s shall be installed suchthat representative measurements ofparameters from the regulated sourceare obtained.

(5) In accordance with the referencingsubpart, except for system breakdowns,repairs, maintenance periods,instrument adjustments, or checks tomaintain precision and accuracy,calibration checks, and zero and spanadjustments, all continuous parametermonitoring systems shall be incontinuous operation when emissionsare being routed to the monitoreddevice.

(d) An owner or operator may requestapproval to monitor control, recovery,halogen scrubber, or halogen reductiondevice operating parameters other thanthose specified in this subpart byfollowing the procedures specified in areferencing subpart.


§ 63.997 Performance test and compliancedetermination requirements for controldevices.

(a) Performance tests and flarecompliance determinations. Where§§ 63.985 through 63.995 require or theowner or operator elects to conduct aperformance test of a control device ora halogen reduction device, or acompliance determination for a flare,the requirements of paragraphs (b)through (d) of this section apply.

(b) Prior test results and waivers.Initial performance tests and initial flarecompliance determinations are requiredonly as specified in this subpart.

(1) Unless requested by theAdministrator, an owner or operator isnot required to conduct a performancetest or flare compliance determinationunder this subpart if a priorperformance test or compliancedetermination was conducted using thesame methods specified in § 63.997(e)and either no process changes have beenmade since the test, or the owner oroperator can demonstrate that theresults of the performance test, with orwithout adjustments, reliablydemonstrate compliance despite processchanges.

(2) Individual performance tests andflare compliance determinations may bewaived upon written application to theAdministrator, per § 63.999(a)(1)(iii), if,in the Administrator’s judgment, thesource is meeting the relevantstandard(s) on a continuous basis, thesource is being operated under anextension or waiver of compliance, orthe owner or operator has requested anextension or waiver of compliance andthe Administrator is still consideringthat request.

(3) Approval of any waiver grantedunder this section shall not abrogate theAdministrator’s authority under the Actor in any way prohibit theAdministrator from later canceling thewaiver. The cancellation will be madeonly after notification is given to theowner or operator of the source.

(c) Performance tests and flarecompliance determinations schedule.(1) Unless a waiver of performancetesting or flare compliancedetermination is obtained under thissection or the conditions of areferencing subpart, the owner oroperator shall perform such tests asspecified in paragraphs (c)(1)(i) through(c)(1)(vii) of this section.

(i) Within 180 days after the effectivedate of a relevant standard for a newsource that has an initial startup datebefore the effective date of thatstandard; or

(ii) Within 180 days after initialstartup for a new source that has an

initial startup date after the effectivedate of a relevant standard; or

(iii) Within 180 days after thecompliance date specified in areferencing subpart for an existingsource, or within 180 days after startupof an existing source if the source beginsoperation after the effective date of therelevant emission standard; or

(iv) Within 180 days after thecompliance date for an existing sourcesubject to an emission standardestablished pursuant to section 112(f) ofthe Act; or

(v) Within 180 days after thetermination date of the source’sextension of compliance or a waiver ofcompliance for an existing source thatobtains an extension of complianceunder 40 CFR 63.6(i) of subpart A, orwaiver of compliance under 40 CFR61.11, subpart A; or

(vi) Within 180 days after thecompliance date for a new source,subject to an emission standardestablished pursuant to section 112(f) ofthe Act, for which construction orreconstruction is commenced after theproposal date of a relevant standardestablished pursuant to section 112(d) ofthe Act but before the proposal date ofthe relevant standard establishedpursuant to section 112(f); or

(vii) When a referencing subpartpromulgated emission standard is morestringent than the standard that wasproposed, the owner or operator of anew or reconstructed source subject tothat standard for which construction orreconstruction is commenced betweenthe proposal and promulgation dates ofthe standard shall comply withperformance testing requirementswithin 180 days after the standard’seffective date, or within 180 days afterstartup of the source, whichever is later.If a referencing subpart promulgatedstandard is more stringent than theproposed standard, the owner oroperator may choose to demonstratecompliance with either the proposed orthe promulgated standard. If the owneror operator chooses to comply with theproposed standard initially, the owneror operator shall conduct a secondperformance test within 3 years and 180days after the effective date of thestandard, or after startup of the source,whichever is later, to demonstratecompliance with a referencing subpartpromulgated standard.

(2) The Administrator may require anowner or operator to conductperformance tests and compliancedeterminations at the regulated sourceat any time when the action isauthorized by section 114 of the Act.

(d) Performance testing facilities. Ifrequired to do performance testing, the

owner or operator of each new regulatedsource and, at the request of theAdministrator, the owner or operator ofeach existing regulated source, shallprovide performance testing facilities asspecified in paragraphs (d)(1) through(d)(5) of this section.

(1) Sampling ports adequate for testmethods applicable to such source. Thisincludes, as applicable, therequirements specified in (d)(1)(i) and(d)(1)(ii) of this section.

(i) Constructing the air pollutioncontrol system such that volumetricflow rates and pollutant emission ratescan be accurately determined byapplicable test methods and procedures;and

(ii) Providing a stack or duct free ofcyclonic flow during performance tests,as demonstrated by applicable testmethods and procedures;

(2) Safe sampling platform(s);(3) Safe access to sampling

platform(s);(4) Utilities for sampling and testing

equipment; and(5) Any other facilities that the

Administrator deems necessary for safeand adequate testing of a source.

(e) Performance test procedures.Where §§ 63.985 through 63.995 requireor the owner or operator elects toconduct a performance test of a controldevice or a halogen reduction device, anowner or operator shall follow therequirements of paragraphs (e)(1)(i)through (e)(1)(v) of this section, asapplicable.

(1) General procedures.—(i)Continuous unit operations. Forcontinuous unit operations,performance tests shall be conducted atmaximum representative operatingconditions for the process, unless theAdministrator specifies or approvesalternate operating conditions. Duringthe performance test, an owner oroperator may operate the control orhalogen reduction device at maximumor minimum representative operatingconditions for monitored control orhalogen reduction device parameters,whichever results in lower emissionreduction. Operations during periods ofstartup, shutdown, and malfunctionshall not constitute representativeconditions for the purpose of aperformance test.

(ii) Batch unit operations. For batchunit operations, performance tests shall,at a minimum, include testing for peakemission episode(s). The peak emissionepisode shall be characterized by thecriteria presented in paragraph (e)(ii)(A),(e)(1)(ii)(B), or (e)(1)(i)(C) of this section.For the purposes of testing thecombustion, recovery, or recoverydevice the peak emission episode may


be simulated based on the emissionprofile described in paragraph(e)(1)(i)(D). A simulated peak emissionepisode must have a representativecomposition, HAP load, and durationthat would be predicted from theemission profile.

(A) The period of combined batchcycles in which a process vent gas willcontain at least 50 percent of the totalregulated material load (in lb) from thebatch cycle or combined batch cycles (ifmore than one cycle is vented throughthe same process vent) over a timeduration that is sufficient to include allbatch cycles routed to the commonprocess vent. An emission profile asdescribed in paragraph (e)(1)(ii)(D) ofthis section shall be used to identify thepeak emission episode.

(B) A 1-hour period of time in whicha process vent from the batch cycle orcombination of batch cycles (if morethan one cycle is vented through thesame process vent) will contain thehighest regulated material mass loadingrate, in lb/hr, experienced over a timeduration that is sufficient to include allbatch cycles routed to the commonprocess vent. An emission profile, asdescribed in paragraph (e)(1)(ii)(D) ofthis section, shall be used to identify thepeak emission episode.

(C) If a condenser is used to controlthe process vent stream(s), the peakemission episode(s) shall represent a 1-hour period of time in which a processvent from the batch cycle orcombination of batch cycles (if morethan one cycle is vented through thesame process vent) will require themaximum heat removal capacity, inBtu/hr, to cool the process vent streamto a temperature that, upon calculationof regulated material concentration, willyield the required removal efficiency forthe entire cycle. The calculation ofmaximum heat load shall be based onthe emission profile described inparagraph (e)(1)(ii)(D) of this sectionand a concentration profile that willallow calculation of sensible and latentheat loads.

(D) Emission profile. For processvents from batch unit operations, theowner or operator may choose toperform tests only during those periodsof the peak emission episode(s) that theowner or operator selects to control aspart of achieving the required emissionreduction. The owner or operator mustdevelop an emission profile for theprocess vent, based on either processknowledge or test data collected, todemonstrate that test periods arerepresentative. The emission profilemust profile the regulated organicregulated material loading rate (in lb/hr)versus time for all emission episodes

contributing to the process vent stackfor a period of time that is sufficient toinclude all batch cycles venting to thestack. Examples of information thatcould constitute process knowledgeinclude calculations based on materialbalances, and process stoichiometry.Previous test results may be used todevelop an emission profile, providedthe results are still representative of thecurrent process vent stream conditions.

(iii) Combination of both continuousand batch unit operations. For acombination of both continuous andbatch unit operations, performance testsshall be conducted both at maximumrepresentative operating conditions forthe process for continuous unitoperations as specified in paragraph(e)(1)(i) of this section, and at peakemission episode(s) for batch unitoperations as specified in paragraph(e)(1)(ii) of this section.

(iv) Performance tests shall beconducted and data shall be reduced inaccordance with the test methods andprocedures set forth in this subpart, ineach relevant standard, and, if required,in applicable appendices of 40 CFRparts 51, 60, 61, and 63 unless theAdministrator specifies one of theprovisions in paragraphs (e)(1)(iv)(A)through (e)(1)(iv)(E) of this section.

(A) Specifies or approves, in specificcases, the use of a test method withminor changes in methodology; or

(B) Approves the use of an alternativetest method, the results of which theAdministrator has determined to beadequate for indicating whether aspecific regulated source is incompliance. The alternate method ordata shall be validated using theapplicable procedures of Method 301 ofappendix A of 40 CFR part 63; or

(C) Approves shorter sampling timesand smaller sample volumes whennecessitated by process variables orother factors; or

(D) Waives the requirement for theperformance test as specified inparagraph (b)(2) of this section becausethe owner or operator of a regulatedsource has demonstrated by other meansto the Administrator’s satisfaction thatthe regulated source is in compliancewith the relevant standard; or

(E) Approves the use of an equivalentmethod.

(v) Except as provided in paragraphs(e)(1)(v)(A) through (e)(1)(v)(C) of thissection, each performance test shallconsist of three separate runs using theapplicable test method. Each run shallbe conducted for at least 1 hour andunder the conditions specified in thissection. For the purpose of determiningcompliance with an applicablestandard, the arithmetic means of

results of the three runs shall apply. Inthe event that a sample is accidentallylost or conditions occur in which one ofthe three runs must be discontinuedbecause of forced shutdown, failure ofan irreplaceable portion of the sampletrain, extreme meteorologicalconditions, or other circumstances,beyond the owner or operator’s control,compliance may, upon theAdministrator’s approval, bedetermined using the arithmetic meanof the results of the two other runs.

(A) For control devices, used tocontrol emissions from transfer racksexcept low throughput transfer racks,that are capable of continuous vaporprocessing but do not handlecontinuous emissions or multipleloading arms of a transfer rack that loadsimultaneously, each run shall representat least one complete tank truck or tankcar loading period, during whichregulated materials are loaded, andsamples shall be collected usingintegrated sampling or grab samplestaken at least four times per hour atapproximately equal intervals of time,such as 15-minute intervals.

(B) For intermittent vapor processingsystems used for controlling transferrack emissions except low throughputtransfer racks that do not handlecontinuous emissions or multipleloading arms of a transfer rack that loadsimultaneously, each run shall representat least one complete control devicecycle, and samples shall be collectedusing integrated sampling or grabsamples taken at least four times perhour at approximately equal intervals oftime, such as 15-minute intervals.

(C) For batch unit operations, testingof peak emission episodes less than orequal to 1 hour, testing shall includethree runs, each of a duration not lessthan the duration of the peak emissionepisode.

(1) For testing of batch emissionepisodes of greater than 1 hour, theemission rate from a single test run maybe used to determine compliance.

(2) For testing of batch emissionepisodes of duration greater than 8hours, the owner or operator shallperform at least 8 hours of testing. Thetest period must include the period oftime in which the peak emissionepisode(s) is predicted by the emissionprofile.

(3) For process vents from batch unitoperations, the owner or operator maychoose to perform tests only duringthose periods of peak emissionepisode(s) that the owner or operatorselects to control as part of achievingthe required emission reduction. Theowner or operator must develop anemission profile for the process vent,


based on either process knowledge ortest data collected, to demonstrate thattest periods are representative. Theemission profile must profile regulatedmaterial loading rate (in lb/hr) versustime for all emission episodescontributing to the process vent stackfor a period of time that is sufficient toinclude all batch cycles venting to thestack. Examples of information thatcould constitute process knowledgeinclude calculations based on materialbalances, and process stoichiometry.Previous test results may be used todevelop an emissions profile, providedthe results are still representative of thecurrent process vent stream conditions.

(2) Specific procedures. Where§§ 63.985 through 63.995 require or theowner or operator elects to conduct aperformance test of a control device, ora halogen reduction device, an owner oroperator shall conduct that performancetest using the procedures in paragraphs(e)(2)(i) through (e)(2)(iv) of this section,as applicable. The regulated materialconcentration and percent reductionmay be measured as either total organicregulated material or as TOC minusmethane and ethane according to theprocedures specified.

(i) Selection of sampling sites. Method1 or 1A of 40 CFR part 60, appendix A,as appropriate, shall be used forselection of the sampling sites.

(A) For determination of compliancewith a percent reduction requirement oftotal organic regulated material or TOC,sampling sites shall be located asspecified in paragraphs (e)(2)(i)(A)(1)and (e)(2)(i)(A)(2) of this section, and atthe outlet of the control device.

(1) For process vents from continuousunit operations, the control device inletsampling site shall be located after thefinal product recovery device.

(2) If a vent stream is introduced withthe combustion air or as a secondaryfuel into a boiler or process heater witha design capacity less than 44megawatts, selection of the location ofthe inlet sampling sites shall ensure themeasurement of total organic regulatedmaterial or TOC (minus methane andethane) concentrations, as applicable, inall vent streams and primary andsecondary fuels introduced into theboiler or process heater.

(3) For process vents from batch unitoperations, the inlet sampling site shallbe located at the exit from the batch unitoperation before any recovery device.

(B) For determination of compliancewith a parts per million by volume totalregulated material or TOC limit in areferencing subpart, the sampling siteshall be located at the outlet of thecontrol device.

(ii) Gas volumetric flow rate. The gasvolumetric flow rate shall bedetermined using Method 2, 2A, 2C, or2D of 40 CFR part 60, appendix A, asappropriate. For batch unit operations,gas stream volumetric flow rates shall bemeasured at 15-minute intervals, or atleast once during the peak emissionepisode(s).

(iii) Total organic regulated materialor TOC concentration. To determinecompliance with a parts per million byvolume total organic regulated materialor TOC (minus methane and ethane)limit, the owner or operator shall usemethod 18 of 40 CFR part 60, appendixA, to measure either TOC minusmethane and ethane or total organicregulated material, as applicable.Alternatively, any other method or datathat have been validated according tothe applicable procedures in Method301 of appendix A of 40 CFR part 63,may be used. Method 25A of 40 CFRpart 60, appendix A may be used fortransfer racks as detailed in paragraph(e)(2)(iii)(D) of this section. Theprocedures specified in paragraphs(e)(2)(iii)(A) through (e)(2)(iii)(D) of thissection shall be used to calculate partsper million by volume concentration,corrected to 3 percent oxygen.

(A) Sampling time.—(1) Continuousunit operations and a combination ofboth continuous and batch unitoperations. For continuous unitoperations and for a combination ofboth continuous and batch unitoperations, the minimum sampling timefor each run shall be 1 hour in whicheither an integrated sample or aminimum of four grab samples shall betaken. If grab sampling is used, then thesamples shall be taken at approximatelyequal intervals in time, such as 15minute intervals during the run.

(2) Batch unit operations. For batchunit operations, the organic regulatedmaterial concentration shall bedetermined from samples collected inan integrated sample over the durationof the peak emission episode(s)characterized by the criteria presentedin paragraph, or from grab samplescollected simultaneously with flow ratemeasurements (at approximately equalintervals of about 15 minutes). If anintegrated sample is collected forlaboratory analysis, the sampling rateshall be adjusted proportionally toreflect variations in flow rate.

(B) Concentration calculation. Theconcentration of either TOC (minusmethane or ethane) or total organicregulated material shall be calculatedaccording to paragraph (e)(2)(iii)(B)(1) or(e)(2)(iii)(B)(2) of this section.

(1) The TOC concentration (CTOC) isthe sum of the concentrations of the

individual components and shall becomputed for each run using equation 4.

C

C

xEqTOC

jij

n

i

x

=

=

=

∑∑ 1

1

4[ . ]

Where:CTOC=Concentration of TOC (minus

methane and ethane), dry basis,parts per million by volume.

x=Number of samples in the samplerun.

n=Number of components in thesample.

Cji=Concentration of samplecomponents j of sample i, dry basis,parts per million by volume.

(2) The total organic regulatedmaterial (CREG) shall be computedaccording to the equation in paragraph(e)(2)(iii)(B)(1) of this section except thatonly the regulated species shall besummed.

(C) Concentration correctioncalculation. The concentration of TOCor total organic regulated material, asapplicable, shall be corrected to 3percent oxygen if a combustion deviceis the control device.

(1) The emission rate correction factor(or excess air), integrated sampling andanalysis procedures of Method 3B of 40CFR part 60, appendix A, shall be usedto determine the oxygen concentration.The sampling site shall be the same asthat of the organic regulated material ororganic compound samples, and thesamples shall be taken during the sametime that the organic regulated materialor organic compound samples are taken.

(2) The concentration corrected to 3percent oxygen (Cc) shall be computedusing equation 5.

C CO

Eqc md

=−

17 9

20 9 25

.

. %[ . ]

where:Cc=Concentration of TOC or organic

regulated material corrected to 3percent oxygen, dry basis, parts permillion by volume.

Cm = Concentration of TOC (minusmethane and ethane) or organicregulated material, dry basis, partsper million by volume.

%O2d = Concentration of oxygen, drybasis, percentage by volume.

(D) Method 25A of 40 CFR part 60,appendix A may be used for the purposeof determining compliance with a partsper million by volume limit for transferracks. If Method 25A of 40 CFR part 60,appendix A is used, the proceduresspecified in paragraphs (e)(2)(iii)(D)(1)through (e)(2)(iii)(D)(4) of this section


shall be used to calculate theconcentration of organic compounds(CTOC):

(1) The principal organic regulatedmaterial in the vent stream shall be usedas the calibration gas.

(2) The span value for Method 25A of40 CFR part 60, appendix A, shall bebetween 1.5 and 2.5 times theconcentration being measured.

(3) Use of Method 25A of 40 CFR part60, appendix A, is acceptable if theresponse from the high-level calibrationgas is at least 20 times the standarddeviation of the response from the zerocalibration gas when the instrument iszeroed on the most sensitive scale.

(4) The concentration of TOC shall becorrected to 3 percent oxygen using theprocedures and equation in paragraph(e)(2)(iii)(C) of this section.

(iv) To determine compliance with apercent reduction requirement, theowner or operator shall use Method 18of 40 CFR part 60, appendix A;alternatively, any other method or datathat have been validated according tothe applicable procedures in Method301 of appendix A of this part may beused. Method 25A or 25B of 40 CFR part60, appendix A may be used for transferracks as detailed in paragraph(e)(2)(iv)(E) of this section. Proceduresspecified in paragraphs (e)(2)(iv)(A)through (e)(2)(iv)(E) of this section shallbe used to calculate percent reductionefficiency.

(A) The minimum sampling time foreach run shall be 1 hour in which eitheran integrated sample or a minimum offour grab samples shall be taken. If grabsampling is used, then the samples shallbe taken at approximately equalintervals in time, such as 15-minuteintervals during the run.

(B) The mass rate of either TOC(minus methane and ethane) or totalorganic regulated material (Ei, Eo) shallbe computed as applicable.

(1) Equations 6 and 7 shall be used.

E K C M Q Eqi ij ijj

n

i=

=∑2

1

6[ . ]

E K C M Q Eqo oj ojj

n

o=

=∑2

1

7[ . ]

Where:Ei, Eo = Emission rate of TOC (minus

methane and ethane) (ETOC) oremission rate of total organicregulated material (ERM) in thesample at the inlet and outlet of thecontrol device, respectively, drybasis, kilogram per hour.

K2 = Constant, 2.494 x 10¥6 (parts permillion)-1 (gram-mole per standard

cubic meter) (kilogram per gram)(minute per hour), where standardtemperature (gram-mole perstandard cubic meter) is 20 oC.n = Number of components in thesample.

Cij, Coj = Concentration on a dry basisof organic compound j in parts permillion by volume of the gas streamat the inlet and outlet of the controldevice, respectively. If the TOCemission rate is being calculated, Cij

and Co include all organiccompounds measured minusmethane and ethane; if the totalorganic regulated materialemissions rate is being calculated,only organic regulated material areincluded.

Mij, Moj = Molecular weight of organiccompound j, gram per gram-mole,of the gas stream at the inlet andoutlet of the control device,respectively.

Qi, Qo = Process vent flow rate, drystandard cubic meter per minute, at atemperature of 20°C, at the inlet andoutlet of the control device,respectively.

(2) Where the mass rate of TOC isbeing calculated, all organic compounds(minus methane and ethane) measuredby method 18 of 40 CFR part 60,appendix A, are summed using theequation in paragraph (e)(2)(iv)(B)(1) ofthis section.

(3) Where the mass rate of totalorganic regulated material is beingcalculated, only the species comprisingthe regulated material shall be summedusing the equation in paragraph(e)(2)(iv)(B)(1) of this section.

(C) Percent reduction in TOC or totalorganic regulated material—(1)Continuous unit operations and acombination of both continuous andbatch unit operations. For continuousunit operations and for a combination ofboth continuous and batch unitoperations, the percent reduction inTOC (minus methane and ethane) ortotal organic regulated material shall becalculated using Equation 8.

RE E

EEqi o

i

=−

( ) [ . ]100 8

where:R = Control efficiency of control device,

percent.Ei = Mass rate of TOC (minus methane

and ethane) or total organicregulated material at the inlet to thecontrol device as calculated underparagraph (e)(2)(iv)(B) of thissection, kilograms TOC per hour orkilograms organic regulatedmaterial per hour.

Eo = Mass rate of TOC (minus methaneand ethane) or total organic

regulated material at the outlet ofthe control device, as calculatedunder paragraph (e)(2)(iv)(B) of thissection, kilograms TOC per hour orkilograms total organic regulatedmaterial per hour.

(2) Batch unit operations. For processvents from batch unit operations, theowner shall determine the organicregulated material emission reductionfor process vents from batch unitoperations using Equation 9.

RED

E R

E E

EqPPU

unc i ii

n

unc i unc ij

m

i

n=( )( )

( ) + ( )

∗=

==

∑

∑∑

,

, ,

[ . ]1

11

100 9

Where:

REDPPU = Organic regulated materialemission reduction for the group ofprocess vents from batch unitoperations in the process unit,percent

Eunc,i = Uncontrolled organic regulatedmaterial emissions from processvent i that is controlled using acombustion, recovery, or recapturedevice, kilograms per batch cyclefor process vents from batch unitoperations.

n = Number of process vents from batchunit operations in the applicableproduction process unit andcontrolled using a combustion,recovery, or recapture device

Ri = Control efficiency of thecombustion, recovery, or recapturedevice used to control organicregulated material emissions fromvent i, determined in accordancewith paragraph (e)(2)(iv)(C)(3) ofthis section.

Eunc,j = Uncontrolled organic regulatedmaterial emissions from processvent j that is not controlled using acombustion, recovery, or recapturedevice, kilograms per batch cyclefor process vents from batch unitoperations, kilograms per hour forprocess vents from continuous unitoperations.

m = Number of process vents in theapplicable production process unitthat are subject to the samerequirements of a referencingsubpart and that are not controlledusing a combustion, recovery, orrecapture device.

(3) Batch unit operations—controlefficiency. The control efficiency, Ri,shall be assigned as specified below in(e)(2)(iv)(C)(3)(i) or (e)(2)(iv)(C)(3)(ii)ofthis section.

(i) If the process vent is controlledusing a flare, or a combustion device asspecified in this subpart and a


performance test has not beenconducted, the control efficiency shallbe assumed to be 98 percent.

(ii) If the process vent is controlledusing a combustion, recovery, orrecapture device for which aperformance test has been conducted inaccordance with the provisions of thissection, the control efficiency shall bethe efficiency determined by theperformance test.

(D) If the vent stream entering a boileror process heater with a design capacityless than 44 megawatts is introducedwith the combustion air or as asecondary fuel, the weight-percentreduction of total organic regulatedmaterial or TOC (minus methane andethane) across the device shall bedetermined by comparing the TOC(minus methane and ethane) or totalorganic regulated material in allcombusted vent streams and primaryand secondary fuels with the TOC(minus methane and ethane) or totalorganic regulated material exiting thecombustion device, respectively.

(E) Method 25A of 40 CFR part 60,appendix A, may also be used for thepurpose of determining compliancewith the percent reduction requirementfor transfer racks.

(i) If Method 25A of 40 CFR part 60,appendix A, is used to measure theconcentration of organic compounds(CTOC), the principal organic regulatedmaterial in the vent stream shall be usedas the calibration gas.

(ii) An emission testing interval shallconsist of each 15-minute period duringthe performance test. For each interval,a reading from each measurement shallbe recorded.

(iii) The average organic compoundconcentration and the volumemeasurement shall correspond to thesame emissions testing interval.

(iv) The mass at the inlet and outletof the control device during each testinginterval shall be calculated usingequation 10.

M FKV C Eqj s t= [ . ]10

Where:Mj = Mass of organic compounds

emitted during testing interval j,kilograms.

F = 10¥6 = Conversion factor, (cubicmeters regulated material per cubicmeters air) * (parts per million byvolume)¥1.

K = Density, kilograms per standardcubic meter organic regulatedmaterial; 659 kilograms perstandard cubic meter organicregulated material.

(NOTE: The density term cancels out whenthe percent reduction is calculated.

Therefore, the density used has no effect. Thedensity of hexane is given so that it can beused to maintain the units of Mj.)Vs = Volume of air-vapor mixture

exhausted at standard conditions,20 oC and 760 millimeters mercury,standard cubic meters.

Ct = Total concentration of organiccompounds (as measured) at the exhaustvent, parts per million by volume, drybasis.

(v) The organic compound massemission rates at the inlet and outlet ofthe control device shall be calculated asfollows:

E

M

TEqi

ijj

n

= =∑

111[ . ]

E

M

TEqo

ojj

n

= =∑

112[ . ]

Where:Ei, Eo = Mass flow rate of organic

compounds at the inlet (i) andoutlet (o) of the control device,kilograms per hour.

n = Number of testing intervals.Mij, Moj = Mass of organic compounds

at the inlet (i) or outlet (o) duringtesting interval j, kilograms.

T = Total time of all testing intervals,hours.

(3) An owner or operator using ahalogen scrubber or other halogenreduction device to control process ventand transfer rack halogenated ventstreams in compliance with areferencing subpart, who is required toconduct a performance test to determinecompliance with a control efficiency oremission limit for hydrogen halides andhalogens, shall follow the proceduresspecified in paragraphs (e)(3)(i) through(e)(3)(iv) of this section.

(i) For an owner or operatordetermining compliance with thepercent reduction of total hydrogenhalides and halogens, sampling sitesshall be located at the inlet and outletof the scrubber or other halogenreduction device used to reduce halogenemissions. For an owner or operatordetermining compliance with akilogram per hour outlet emission limitfor total hydrogen halides and halogens,the sampling site shall be located at theoutlet of the scrubber or other halogenreduction device and prior to anyreleases to the atmosphere.

(ii) Except as provided in paragraph(e)(1)(ii) of this section, Method 26 orMethod 26A of 40 CFR part 60,appendix A, shall be used to determine

the concentration, in milligrams per drystandard cubic meter, of total hydrogenhalides and halogens that may bepresent in the vent stream. The massemissions of each hydrogen halide andhalogen compound shall be calculatedfrom the measured concentrations andthe gas stream flow rate.

(iii) To determine compliance withthe percent removal efficiency, the massemissions for any hydrogen halides andhalogens present at the inlet of thehalogen reduction device shall besummed together. The mass emissionsof the compounds present at the outletof the scrubber or other halogenreduction device shall be summedtogether. Percent reduction shall bedetermined by comparison of thesummed inlet and outlet measurements.

(iv) To demonstrate compliance witha kilogram per hour outlet emissionlimit, the test results must show that themass emission rate of total hydrogenhalides and halogens measured at theoutlet of the scrubber or other halogenreduction device is below the kilogramper hour outlet emission limit specifiedin a referencing subpart.

§ 63.998 Recordkeeping requirements.

(a) Compliance determination,monitoring, and compliance records—(1) Conditions of flare compliancedetermination, monitoring, andcompliance records. Upon request, theowner or operator shall make availableto the Administrator such records asmay be necessary to determine theconditions of flare compliancedeterminations performed pursuant to§ 63.987(b).

(i) Flare compliance determinationrecords. When using a flare to complywith this subpart, record theinformation specified in paragraphs(a)(1)(i)(A) through (a)(1)(i)(C) of thissection for each flare compliancedetermination performed pursuant to§ 63.987(b). As specified in§ 63.999(a)(1)(i), the owner or operatorshall include this information in theflare compliance determination report.

(A) Flare design (i.e., steam-assisted,air-assisted, or non-assisted);

(B) All visible emission readings, heatcontent determinations, flow ratemeasurements, and exit velocitydeterminations made during the flarecompliance determination; and

(C) All periods during the flarecompliance determination when allpilot flames are absent or, if only theflare flame is monitored, all periodswhen the flare flame is absent.

(ii) Monitoring records. Each owner oroperator shall keep up to date andreadily accessible hourly records of


whether the monitor is continuouslyoperating and whether the flare flame orat least one pilot flame is continuouslypresent. For transfer racks, hourlyrecords are required only while thetransfer rack vent stream is beingvented.

(iii) Compliance records. (A) Eachowner or operator shall keep records ofthe times and duration of all periodsduring which the flare flame or all thepilot flames are absent. This record shallbe submitted in the periodic reports asspecified in § 63.999(b)(9).

(B) Each owner or operator shall keeprecords of the times and durations of allperiods during which the monitor is notoperating.

(2) Performance test and TRE indexvalue determination records for processvents and transfer racks except lowthroughput transfer racks—(i)Conditions of performance tests records.Upon request, the owner or operatorshall make available to theAdministrator such records as may benecessary to determine the conditions ofperformance tests performed pursuantto §§ 63.988(b), 63.989(b), 63.990(b),63.991(b), 63.992(b), 63.994(b), or63.995(b).

(ii) Nonflare combustion controldevice and halogen reduction deviceperformance test records. (A) Eachowner or operator subject to theprovisions of this subpart shall keep up-to-date, readily accessible continuousrecords of the data specified in(a)(2)(ii)(B)(1) through (a)(2)(ii)(B)(3) ofthis section, as applicable, measuredduring each performance test performedpursuant to §§ 63.988(b), 63.989(b),63.990(b), 63.991(b), 63.992(b),63.994(b), or 63.995(b), and also includethat data in the Initial ComplianceStatus Report required under§ 63.999(a)(1). The same data specifiedin this section shall be submitted in thereports of all subsequently requiredperformance tests where either theemission control efficiency of acombustion device, or the outletconcentration of TOC or regulatedmaterial is determined.

(B) Nonflare combustion device.Where an owner or operator subject tothe provisions of this paragraph seeks todemonstrate compliance with a percentreduction requirement or a parts permillion by volume requirement using anonflare combustion device theinformation specified in (a)(2)(ii)(B)(1)through (a)(2)(ii)(B)(6) of this sectionshall be recorded.

(1) For thermal incinerators, recordthe fire box temperature averaged overthe full period of the performance test.

(2) For catalytic incinerators, recordthe upstream and downstream

temperatures and the temperaturedifference across the catalyst bedaveraged over the full period of theperformance test.

(3) For a boiler or process heater witha design heat input capacity less than 44megawatts and a vent stream that is notintroduced with or as the primary fuel,record the fire box temperature averagedover the full period of the performancetest.

(4) For an incinerator, record thepercent reduction of organic regulatedmaterial, if applicable, or TOC achievedby the incinerator determined asspecified in § 63.997 (e)(2)(i) and(e)(2)(ii), as applicable, or theconcentration of organic regulatedmaterial (parts per million by volume,by compound) determined as specifiedin § 63.997 (e)(2)(iii)(B)(1) and(e)(2)(iii)(B)(2) at the outlet of theincinerator.

(5) For a boiler or process heater,record a description of the location atwhich the vent stream is introducedinto the boiler or process heater.

(6) For a boiler or process heater witha design heat input capacity of less than44 megawatts and where the processvent stream is introduced withcombustion air or used as a secondaryfuel and is not mixed with the primaryfuel, record the percent reduction oforganic regulated material or TOC, orthe concentration of regulated materialor TOC (parts per million by volume, bycompound) determined as specified in§ 63.997(e)(2) at the outlet of thecombustion device.

(C) Other nonflare control devices.Where an owner or operator seeks to usean absorber, condenser, or carbonadsorber as a control device, theinformation specified in paragraphs(a)(2)(ii)(C)(1) through (a)(2)(ii)(C)(5)shall be recorded, as applicable.

(1) Where an absorber is used as thecontrol device, the exit specific gravityand average exit temperature of theabsorbing liquid averaged over the sametime period as the performance test(both measured while the vent stream isnormally routed and constituted); or

(2) Where a condenser is used as thecontrol device, the average exit (productside) temperature averaged over thesame time period as the performancetest while the vent stream is routed andconstituted normally; or

(3) Where a carbon adsorber is usedas the control device, the totalregeneration stream mass flow duringeach carbon-bed regeneration cycleduring the period of the performancetest, and temperature of the carbon-bedafter each regeneration during theperiod of the performance test (and

within 15 minutes of completion of anycooling cycle or cycles; or

(4) As an alternative to paragraph(a)(2)(ii)(B)(1), (a)(2)(ii)(B)(2), or(a)(2)(ii)(B)(3) of this section, theconcentration level or reading indicatedby an organics monitoring device at theoutlet of the absorber, condenser, orcarbon adsorber averaged over the sametime period as the TRE determinationwhile the vent stream is normallyrouted and constituted.

(5) For an absorber, condenser, orcarbon adsorber used as a controldevice, the percent reduction ofregulated material achieved by thecontrol device or concentration ofregulated material (parts per million byvolume, by compound) at the outlet ofthe control device.

(D) Halogen reduction devices. Whenusing a scrubber following a combustiondevice to control a halogenated ventstream, record the information specifiedin paragraphs (a)(2)(ii)(D)(1) through(a)(2)(ii)(D)(3) of this section.

(1) The percent reduction or scrubberoutlet mass emission rate of totalhydrogen halides and halogens asspecified in § 63.997(e)(3).

(2) The pH of the scrubber effluentaveraged over the time period of theperformance test; and

(3) The scrubber liquid-to-gas ratioaveraged over the time period of theperformance test.

(3) Recovery device monitoringrecords during TRE index valuedetermination. For process vents thatrequire control of emissions under areferencing subpart shall maintain thecontinuous records specified inparagraph (a)(3)(i) through (a)(3)(v) ofthis section, as applicable.

(i) Where an absorber is the finalrecovery device in the recovery system,the exit specific gravity (or alternativeparameter that is a measure of thedegree of absorbing liquid saturation ifapproved by the Administrator) andaverage exit temperature of theabsorbing liquid averaged over the sametime period as the TRE index valuedetermination (both measured while thevent stream is normally routed andconstituted); or

(ii) Where a condenser is the finalrecovery device in the recovery system,the average exit (product side)temperature averaged over the sametime period as the TRE index valuedetermination while the vent stream isrouted and constituted normally; or

(iii) Where a carbon adsorber is thefinal recovery device in the recoverysystem, the total regeneration streammass flow during each carbon-bedregeneration cycle during the period ofthe TRE index value determination, and


temperature of the carbon-bed after eachregeneration during the period of theTRE index value determination (andwithin 15 minutes of completion of anycooling cycle or cycles; or

(iv) As an alternative to paragraph(a)(3)(i), (a)(3)(ii), or (a)(3)(iii) of thissection, the concentration level orreading indicated by an organicsmonitoring device at the outlet of theabsorber, condenser, or carbon adsorberaveraged over the same time period asthe TRE index value determinationwhile the vent stream is normallyrouted and constituted.

(v) All measurements and calculationsperformed to determine the TRE indexvalue of the vent stream as specified ina referencing subpart.

(4) Halogen concentration records.Record the halogen concentration in thevent stream determined according to theprocedures specified in a referencingsubpart. Submit this record in the InitialCompliance Status Report, as specifiedin § 63.999(b)(8).

(b) Continuous records andmonitoring system data handling.

(1) Where this subpart requires acontinuous record, the owner oroperator shall maintain the recordspecified in paragraphs (b)(1)(i) or(b)(1)(ii) of this section, as applicable:

(i) A record of values measured atleast once every 15 minutes or eachmeasured value for systems whichmeasure more frequently than onceevery 15 minutes; or

(ii) A record of block average valuesfor 15-minutes or shorter periodscalculated from all measured datavalues during each period or at least onemeasured data value per minute ifmeasured more frequently than once perminute.

(iii) The owner or operator maycalculate and retain block hourlyaverage values from each 15 minuteblock averages period or from at leastone measured value per minute ifmeasured more frequently than once perminute, and discard all but the mostrecent three valid hours of continuous(15-minute or shorter) records.

(iv) A record as required by analternative approved under paragraph(c)(5) of this section.

(2) Monitoring data recorded duringperiods identified in paragraphs (b)(2)(i)through (b)(2)(iii) of this section, shallnot be included in any averagecomputed to determine complianceunder this subpart.

(i) Monitoring system breakdowns,repairs, preventive maintenance,calibration checks, and zero (low-level)and high-level adjustments;

(ii) Periods of non-operation of theprocess unit (or portion thereof),

resulting in cessation of the emissions towhich the monitoring applies; and

(iii) Startups, shutdowns, andmalfunctions.

(3) Owners or operators shall alsokeep records as specified in paragraphs(b)(3)(i) and (b)(3)(ii) of this section,unless an alternative monitoring orrecordkeeping system has beenrequested and approved underparagraph (c)(5) of this section.

(i) Except as specified in paragraph(b)(3)(ii) of this section, 3-hour averagevalues of each continuously monitoredparameter shall be calculated from datameeting the specifications of paragraph(b)(2) of this section for each 3-hourperiod of operation, and retained for 5years.

(A) The 3-hour average shall becalculated as the average of all valuesfor a monitored parameter recordedduring 3-hours of operation. Theaverage shall cover a 3-hour period ifoperation is continuous, or the period ofoperation per 3 hours if operation is notcontinuous (e.g., for transfer racks theaverage shall cover periods of loading).If values are measured more frequentlythan once per minute, a single value foreach minute may be used to calculatethe 3-hour average instead of allmeasured values.

(B) The 3-hour periods of operationthat are to be included in the 3-houraverages shall be defined in theoperating permit or the InitialCompliance Status Report.

(ii) If all recorded values for amonitored parameter during a 3-hourperiod are within the range establishedin the Initial Compliance Status Reportor in the operating permit, the owner oroperator may record that all values werewithin the range and retain this recordfor 5 years rather than calculating andrecording a 3-hour average for that 3-hour period.

(4) Unless determined otherwiseaccording to paragraph (b)(5) of thissection, the data collected pursuant toparagraphs (b)(1) through (b)(3) of thissection shall be considered valid.

(5) For any parameter with respect toany item of equipment associated witha process vent or transfer rack (exceptlow throughput transfer loading racks),the owner or operator may implementthe recordkeeping requirements inparagraphs (b)(5)(i) or (b)(5)(ii) of thissection as alternatives to the continuousparameter monitoring andrecordkeeping provisions listed inparagraphs (b)(1) through (b)(3) of thissection. The owner or operator shallretain each record required byparagraphs (b)(5)(i) or (b)(5)(ii) of thissection as provided in a referencingsubpart, except as provided otherwise in

paragraphs (b)(5)(i) or (b)(5)(ii) of thissection.

(i) The owner or operator may retainonly the 3-hour average value, and isnot required to retain more frequentlymonitored operating parameter values,for a monitored parameter with respectto an item of equipment, if therequirements of paragraphs (b)(5)(i)(A)through (b)(5)(i)(F) of this section aremet. The owner or operator shall notifythe Administrator in the InitialCompliance Status Report or, if theInitial Compliance Status Report hasalready been submitted in the PeriodicReport immediately precedingimplementation of the requirements ofthis paragraph.

(A) The monitoring system is capableof detecting unrealistic or impossibledata during periods of operation otherthan startups, shutdowns ormalfunctions (e.g., a temperaturereading of ¥200 °C on a boiler), andwill alert the operator by alarm or othermeans. The owner or operator shallrecord the occurrence. All instances ofthe alarm or other alert in a 3-hourperiod constitute a single occurrence.

(B) The monitoring system generates arunning average of the monitoringvalues, updated at least hourlythroughout each 3-hour period, thathave been obtained during that 3-hourperiod, and the capability to observethis average is readily available to theAdministrator on-site during the 3-hourperiod. The owner or operator shallrecord the occurrence of any periodmeeting the criteria in paragraphs(b)(5)(i)(B)(1) through (b)(5)(i)(B)(2) ofthis section. All instances in a 3-hourperiod constitute a single occurrence.

(1) The running average is above themaximum or below the minimumestablished limits;

(2) The running average is based on atleast three one-hour average values; and

(3) The running average reflects aperiod of operation other than a startup,shutdown, or malfunction.

(C) The monitoring system is capableof detecting unchanging data duringperiods of operation other than startups,shutdowns or malfunctions, except incircumstances where the presence ofunchanging data is the expectedoperating condition based on pastexperience (e.g., pH in some scrubbers),and will alert the operator by alarm orother means. The owner or operatorshall record the occurrence. Allinstances of the alarm or other alert ina 3-hour period constitute a singleoccurrence.

(D) The monitoring system will alertthe owner or operator by an alarm, if therunning average parameter valuecalculated under paragraph (b)(5)(i)(B)


of this section reaches a set point thatis appropriately related to theestablished limit for the parameter thatis being monitored.

(E) The owner or operator shall verifythe proper functioning of the monitoringsystem, including its ability to complywith the requirements of paragraph(b)(5)(i) of this section, at the timesspecified in paragraphs (b)(5)(i)(E)(1)through (b)(5)(i)(E)(3) of this section.The owner or operator shall documentthat the required verifications occurred.

(1) Upon initial installation.(2) Annually after initial installation.(3) After any change to the

programming or equipment constitutingthe monitoring system, that mightreasonably be expected to alter themonitoring system’s ability to complywith the requirements of this section.

(F) The owner or operator shall retainthe records identified in paragraphs(b)(5)(i)(F)(1) through (b)(5)(i)(F)(3) ofthis section.

(1) Identification of each parameter,for each item of equipment, for whichthe owner or operator has elected tocomply with the requirements ofparagraph (c)(5) of this section.

(2) A description of the applicablemonitoring system(s), and of howcompliance will be achieved with eachrequirement of paragraph (b)(5)(i)(A)through (b)(5)(i)(E) of this section. Thedescription shall identify the locationand format (e.g., on-line storage; logentries) for each required record. If thedescription changes, the owner oroperator shall retain both the currentand the most recent supersededdescription. The description, and themost recent superseded description,shall be retained as provided in thesubpart that references this subpart,except as provided in paragraph(b)(5)(i)(F)(1) of this section.

(3) A description, and the date, of anychange to the monitoring system thatwould reasonably be expected to affectits ability to comply with therequirements of paragraph (b)(5)(i) ofthis section.

(4) Owners and operators subject toparagraph (b)(5)(i)(F)(2) of this sectionshall retain the current description ofthe monitoring system as long as thedescription is current, but not less than5 years from the date of its creation. Thecurrent description shall be retained on-site at all times or be accessible from acentral location by computer or othermeans that provides access within 2hours after a request. The owner oroperator shall retain the most recentsuperseded description at least until 5years from the date of its creation. Thesuperseded description shall be retainedon-site (or accessible from a central

location by computer that providesaccess within 2 hours after a request) atleast 6 months after being superseded.Thereafter, the superseded descriptionmay be stored off-site.

(ii) If an owner or operator has electedto implement the requirements ofparagraph (b)(5)(i) of this section, and aperiod of 6 consecutive months haspassed without an excursion as definedin paragraph (b)(5)(ii)(D) of this section,the owner or operator is no longerrequired to record the 3-hour averagevalue for that parameter for that unit ofequipment, for any 3-hour period whenthe 3-hour average value is less than themaximum, or greater than the minimumestablished limit. With approval by theAdministrator, monitoring datagenerated prior to the compliance dateof this subpart shall be credited towardthe period of 6 consecutive months, ifthe parameter limit and the monitoringwere required and/or approved by theAdministrator.

(A) If the owner or operator elects notto retain the 3-hour average values, theowner or operator shall notify theAdministrator in the next PeriodicReport. The notification shall identifythe parameter and unit of equipment.

(B) If there is an excursion as definedin paragraph (b)(5)(ii)(D) of this sectionin any 3-hour period after the owner oroperator has ceased recording 3-houraverages as provided in paragraph(b)(5)(ii) of this section, the owner oroperator shall immediately resumeretaining the 3-hour average value foreach 3-hour period, and shall notify theAdministrator in the next PeriodicReport. The owner or operator shallcontinue to retain each 3-hour averagevalue until another period of 6consecutive months has passed withoutan excursion as defined in paragraph(b)(5)(ii)(D) of this section.

(C) The owner or operator shall retainthe records specified in paragraphs(b)(5)(i)(A) through (b)(5)(i)(F) of thissection for the duration specified in areferencing subpart. For any calendarweek, if compliance with paragraphs(b)(5)(i)(A) through (b)(5)(i)(D) of thissection does not result in retention of arecord of at least one occurrence ormeasured parameter value, the owner oroperator shall record and retain at leastone parameter value during a period ofoperation other than a startup,shutdown, or malfunction.

(D) For purposes of paragraph(b)(5)(ii) of this section, an excursionmeans that the 3-hour average value ofmonitoring data for a parameter isgreater than the maximum, or less thanthe minimum established value, exceptas provided in paragraphs (b)(5)(ii)(D)(1)and (b)(5)(ii)(D)(2) of this section.

(1) The 3-hour average value duringany startup, shutdown or malfunctionshall not be considered an excursion forpurposes of paragraph (b)(5)(ii), if theowner or operator follows the applicableprovisions of the startup, shutdown, andmalfunction plan required by areferencing subpart.

(2) An excused excursion, asdescribed in paragraph (b)(5)(ii)(E), shallnot be considered an excursion forpurposes of this paragraph.

(E) One excused excursion for eachcontrol device or recovery device foreach semiannual period is allowed. If asource has developed a startup,shutdown and malfunction plan, and amonitored parameter is outside itsestablished range or monitoring data arenot collected during periods of startup,shutdown, or malfunction (and thesource is operated during such periodsin accordance with the startup,shutdown, and malfunction plan) orduring periods of nonoperation of theprocess unit or portion thereof (resultingin cessation of the emissions to whichmonitoring applies), then the excursionis not a violation and, in cases wherecontinuous monitoring is required, theexcursion does not count as the excusedexcursion for determining compliance.

(c) Nonflare control and recoverydevice regulated source monitoringrecords—(1) Monitoring system records.The owner or operator subject to thissubpart shall keep the records specifiedin this paragraph, as well as recordsspecified elsewhere in this part.

(i) For CPMS’s used to comply withthis part, a record of the procedure usedfor calibrating the CPMS.

(ii) For a CPMS used to comply withthis subpart, records of the informationspecified in paragraphs (c)(1)(ii)(A)through (c)(1)(ii)(E) of this section, asindicated in a referencing subpart.

(A) The date and time of completionof calibration and preventivemaintenance of the CPMS.

(B) The ‘‘as found’’ and ‘‘as left’’CPMS readings, whenever anadjustment is made that affects theCPMS reading and a ‘‘no adjustment’’statement otherwise.

(C) The start time and duration orstart and stop times of any periods whenthe CPMS is inoperative.

(D) Records of the occurrence andduration of each startup, shutdown, andmalfunction of CPMS used to complywith this subpart during which excessemissions (as defined in a referencingsubpart).

(E) For each startup, shutdown, andmalfunction during which excessemissions as defined in a referencingsubpart occur, records that theprocedures specified in the source’s


startup, shutdown, and malfunctionplan were followed, and documentationof actions taken that are not consistentwith the plan. These records may takethe form of a ‘‘checklist,’’ or other formof recordkeeping that confirmsconformance with the startup,shutdown, and malfunction plan for theevent.

(iii) Batch unit operation compliancemonitoring records. If all recordedvalues for a monitored parameter duringa 3-hour period are above the minimumor below the maximum level establishedin accordance with what is specified inthe referencing subpart, the owner oroperator may record that all values wereabove the minimum or below themaximum level established, rather thancalculating and recording a 3-houraverage or batch cycle 3-hour averagefor that 3-hour period. Monitoring datarecorded during periods of non-operation of the process resulting incessation of regulated materialemissions shall not be included incomputing the batch cycle 3-houraverages.

(2) Combustion control and halogenreduction device monitoring records.

(i) Each owner or operator using acombustion control or halogenreduction device to comply with thissubpart shall keep the following recordsup-to-date and readily accessible, asapplicable. Continuous records of theequipment operating parametersspecified to be monitored under§§ 63.988(c) (incinerator monitoring),63.989(c) (boiler and process heatermonitoring), 63.994(c) (halogenreduction device monitoring), and63.995(c) (other combustion systemsused as a control device) or specified bythe Administrator in accordance withparagraph (c)(5) of this section.

(ii) Each owner or operator shall keeprecords of the 3-hour average value ofeach continuously monitored parameterfor each 3-hour period determinedaccording to the procedures specified inparagraph (b)(3)(i) of this section. Forcatalytic incinerators, record the 3-houraverage of the temperature upstream ofthe catalyst bed and the 3-hour averageof the temperature differential across thebed. For halogen scrubbers record thepH and the liquid-to-gas ratio.

(iii) Each owner or operator subject tothe provisions of this subpart shall keepup-to-date, readily accessible records ofperiods of operation during which theparameter boundaries are exceeded. Theparameter boundaries are the 3-houraverage values established pursuant to§§ 63.988(c)(2) (incinerator monitoring),63.989(c)(2) (boiler and process heatermonitoring), 63.994(c)(3) (halogenreduction device monitoring), or 63.995

(c)(2) (other combustion systems used ascontrol devices monitoring), asapplicable.

(3) Monitoring records for recoverydevice process vents, and for absorbers,condensers, carbon adsorbers or othernoncombustion systems used as controldevices.

(i) Each owner or operator using arecovery device to achieve and maintaina TRE index value greater than thecontrol applicability level specified inthe referencing subpart but less than 4.0or using an absorber, condenser, carbonadsorber or other non-combustionsystem as a control device shall keepreadily accessible, continuous records ofthe equipment operating parametersspecified to be monitored under§§ 63.990(c) (absorber monitoring),63.991(c) (condenser monitoring),63.992(c) (carbon adsorber monitoring),or 63.995(c) (other noncombustionsystems used as a control devicemonitoring) or specified by theAdministrator in accordance withparagraph (c)(5) of this section. Fortransfer racks, continuous records arerequired while the transfer vent streamis being vented.

(ii) Each owner or operator shall keeprecords of the 3-hour average value ofeach continuously monitored parameterfor each 3-hour period determinedaccording to the procedures specified in§ 63.998(b)(1)(iii)(A). If carbon adsorberregeneration stream flow and carbonbed regeneration temperature aremonitored, the records specified inparagraphs (c)(3)(ii)(A) and (c)(3)(ii)(B)of this section shall be kept instead ofthe 3-hour averages.

(A) Records of total regenerationstream mass or volumetric flow for eachcarbon-bed regeneration cycle.

(B) Records of the temperature of thecarbon bed after each regeneration andwithin 15 minutes of completing anycooling cycle.

(iii) Each owner or operator subject tothe provisions of this subpart shall keepup-to-date, readily accessible records ofperiods of operation during which theparameter boundaries are exceeded. Theparameter boundaries are the 3-houraverage values established pursuant to§§ 63.990(c)(2) (absorber monitoring),63.991(c)(2) (condenser monitoring),63.992(c)(2) (carbon adsorbermonitoring), or 63.995(c)(2) (othernoncombustion systems used as controldevices monitoring), as applicable.

(4) Alternatives to the continuousoperating parameter monitoring andrecordkeeping provisions. An owner oroperator may request approval to usealternatives to the continuous operatingparameter monitoring andrecordkeeping provisions listed in

§§ 63.988(c), 63.989(c), 63.990(c),63.991(c), 63.992(c), 63.993(c),63.994(c), 63.998(a)(2) through (a)(4),and paragraphs (c)(2) and (c)(3) of thissection.

(i) Requests shall be included in theoperating permit application or asotherwise specified by the permittingauthority, and shall contain theinformation specified in paragraphs(c)(4)(iii) of this section.

(ii) The provisions specified in areferencing subpart will govern thereview and approval of requests.

(iii) An owner or operator may requestapproval to use other alternativemonitoring and recordkeeping systemsas specified in a referencing subpart.The application shall contain adescription of the proposed alternativesystem. In addition, the applicationshall include information justifying theowner or operator’s request for analternative monitoring method, such asthe technical or economic infeasibility,or the impracticality, of the regulatedsource using the required method.

(5) Monitoring a different parameterthan those listed. The owner or operatorwho has been directed by any section ofthis subpart that expressly referencesthis paragraph to set unique monitoringparameters or who requests, as allowedby § 63.996(d), approval to monitor adifferent parameter than those listed in§§ 63.988(c), 63.989(c), 63.990(c),63.991(c), 63.992(c), 63.993(c),63.994(c), 63.998(a)(2) through (a)(4), orparagraphs (c)(2) or (c)(3) of this section,or who has been directed by§§ 63.994(c)(2) or 63.995(c)(1) to setunique monitoring parameters shallsubmit the information specified inparagraphs (c)(5)(i) through (c)(5)(iii) ofthis section with the operating permitapplication or as otherwise specified bythe permitting authority.

(i) A description of the parameter(s) tobe monitored to ensure the controltechnology or pollution preventionmeasure is operated in conformancewith its design and achieves thespecified emission limit, percentreduction, or nominal efficiency, and anexplanation of the criteria used to selectthe parameter(s).

(ii) A description of the methods andprocedures that will be used todemonstrate that the parameterindicates proper operation of the controldevice, the schedule for thisdemonstration, and a statement that theowner or operator will establish a rangefor the monitored parameter as part ofthe Initial Compliance Status Report ifrequired under a referencing subpart,unless this information has already beenincluded in the operating permitapplication.


(iii) The frequency and content ofmonitoring, recording, and reporting ifmonitoring and recording is notcontinuous, or if reports of 3-houraverage values when the monitoredparameter value is outside the rangeestablished in the operating permit orInitial Compliance Status Report willnot be included in Periodic Reportsrequired under § 63.999(b)(6)(i). Therationale for the proposed monitoring,recording, and reporting system shall beincluded.

(d) Other records.—(1) Closed ventsystem records. For closed vent systemsthe owner or operator shall record theinformation specified in paragraphs(d)(1)(i) through (d)(1)(iv) of thissection, as applicable.

(i) For closed vent systems collectingregulated material from a regulatedsource, the owner or operator shallrecord the identification of all parts ofthe closed vent system, that aredesignated as unsafe or difficult toinspect, an explanation of why theequipment is unsafe or difficult toinspect, and the plan for inspecting theequipment required by § 63.983(b)(2)(ii)or (b)(3)(ii).

(ii) For each closed vent system thatcontains bypass lines that could diverta vent stream away from the controldevice and to the atmosphere, the owneror operator shall keep a record of theinformation specified in eitherparagraph (d)(1)(ii)(A) or (d)(1)(ii)(B) ofthis section, as applicable.

(A) Hourly records of whether theflow indicator specified under§ 63.983(a)(3)(i) was operating andwhether a diversion was detected at anytime during the hour, as well as recordsof the times of all periods when the ventstream is diverted from the controldevice or the flow indicator is notoperating.

(B) Where a seal mechanism is usedto comply with § 63.983(a)(3)(ii), hourlyrecords of flow are not required. In suchcases, the owner or operator shall recordthat the monthly visual inspection ofthe seals or closure mechanisms hasbeen done, and shall record theoccurrence of all periods when the sealmechanism is broken, the bypass linevalve position has changed, or the keyfor a lock-and-key type lock has beenchecked out, and records of any car-sealthat has been broken.

(iii) For a closed vent systemcollecting regulated material from aregulated source, when a leak isdetected as specified in § 63.983(d)(1),the information specified in paragraphs(d)(1)(iii)(A) through (d)(1)(iii)(F) of thissection shall be recorded and kept for 2years.

(A) The instrument and theequipment identification number andthe operator name, initials, oridentification number.

(B) The date the leak was detectedand the date of the first attempt to repairthe leak.

(C) The date of successful repair of theleak.

(D) The maximum instrument readingmeasured by the procedures in§ 63.983(c) after the leak is successfullyrepaired or determined to benonrepairable.

(E) ‘‘Repair delayed’’ and the reasonfor the delay if a leak is not repairedwithin 15 calendar days after discoveryof the leak. The owner or operator maydevelop a written procedure thatidentifies the conditions that justify adelay of repair. In such cases, reasonsfor delay of repair may be documentedby citing the relevant sections of thewritten procedure.

(F) Copies of the periodic reports asspecified in § 63.999(b), if records arenot maintained on a computerizeddatabase capable of generating summaryreports from the records.

(iv) For each instrumental or visualinspection conducted in accordancewith § 63.983(b)(1) for closed ventsystems collecting regulated materialfrom a regulated source during whichno leaks are detected, the owner oroperator shall record that the inspectionwas performed, the date of theinspection, and a statement that noleaks were detected.

(2) Storage vessel records. An owneror operator shall keep readily accessiblerecords of the information specified inparagraphs (d)(2)(i) through (d)(2)(iii) ofthis section, as applicable.

(i) A record of the measured values ofthe parameters monitored in accordancewith § 63.985(c) or § 63.987(c).

(ii) A record of the planned routinemaintenance performed on the controlsystem during which the control systemdoes not meet the applicablespecifications of §§ 63.983(a), 63.985(a),or 63.987(a), as applicable, due to theplanned routine maintenance. Such arecord shall include the informationspecified in paragraphs (d)(2)(ii)(A)through (d)(2)(ii)(C) of this section. Thisinformation shall be submitted in theperiodic reports as specified in§ 63.999(b)(1)(i).

(A) The first time of day and date therequirements of §§ 63.983(a).§ 63.985(a), or § 63.987(a), as applicable,were not met at the beginning of theplanned routine maintenance, and

(B) The first time of day and date therequirements of §§ 63.983(a), 63.985(a),or 63.987(a), as applicable, were met at

the conclusion of the planned routinemaintenance.

(C) A description of the type ofmaintenance performed.

(iii) Bypass records for storage vesselemissions routed to a process or fuel gassystem. An owner or operator who usesthe bypass provisions of § 63.983(a)(3)shall keep in a readily accessiblelocation the records specified inparagraphs (d)(2)(iii)(A) through(d)(2)(iii)(C) of this section.

(A) The reason it was necessary tobypass the process equipment or fuelgas system;

(B) The duration of the period whenthe process equipment or fuel gassystem was bypassed;

(C) Documentation or certification ofcompliance with the applicableprovisions of § 63.983(a)(3)(i) or(a)(3)(ii).

(3) Regulated source and controlequipment startup, shutdown andmalfunction records.

(i) Records of the occurrence andduration of each startup, shutdown, andmalfunction of operation of processequipment or of air pollution controlequipment used to comply with thispart during which excess emissions (asdefined in a referencing subpart) occur.

(ii) For each startup, shutdown, andmalfunction during which excessemissions occur, records that theprocedures specified in the source’sstartup, shutdown, and malfunctionplan were followed, and documentationof actions taken that are not consistentwith the plan. For example, if a startup,shutdown, and malfunction planincludes procedures for routing controldevice emissions to a backup controldevice (e.g., the incinerator for ahalogenated stream could be routed to aflare during periods when the primarycontrol device is out of service), recordsmust be kept of whether the plan wasfollowed. These records may take theform of a ‘‘checklist,’’ or other form ofrecordkeeping that confirmsconformance with the startup,shutdown, and malfunction plan for theevent.

(4) Equipment leak records. Theowner or operator shall maintainrecords of the information specified inparagraphs (d)(4)(i) and (d)(4)(ii) of thissection for closed vent systems andcontrol devices if specified by theequipment leak provisions in areferencing subpart. The recordsspecified in paragraph (d)(4)(i) of thissection shall be retained for the life ofthe equipment. The records specified inparagraph (d)(4)(ii) of this section shallbe retained for 2 years.

(i) The design specifications andperformance demonstrations specified


in paragraphs (d)(4)(i)(A) through(d)(4)(i)(C) of this section.

(A) Detailed schematics, designspecifications of the control device, andpiping and instrumentation diagrams.

(B) The dates and descriptions of anychanges in the design specifications.

(C) A description of the parameter orparameters monitored, as required in areferencing subpart, to ensure thatcontrol devices are operated andmaintained in conformance with theirdesign and an explanation of why thatparameter (or parameters) was selectedfor the monitoring.

(ii) Records of operation of closedvent systems and control devices, asspecified in paragraphs (d)(4)(ii)(A)through (d)(4)(ii)(C) of this section.

(A) Dates and durations when theclosed vent systems and control devicesrequired are not operated as designed asindicated by the monitored parameters,including periods when a flare pilotlight system does not have a flame.

(B) Dates and durations during whichthe monitoring system or monitoringdevice is inoperative.

(C) Dates and durations of startupsand shutdowns of control devicesrequired in this subpart.

§ 63.999 Notifications and other reports.

(a) Performance test and flarecompliance determination notificationsand reports.

(1) General requirements. Generalrequirements for performance test andflare compliance determinationnotifications and reports are specified inparagraphs (a)(1)(i) through (a)(1)(iii) ofthis section.

(i) The owner or operator shall notifythe Administrator of the intention toconduct a performance test at least 30calendar days before the performancetest is scheduled to allow theAdministrator the opportunity to havean observer present. If after 30 daysnotice for an initially scheduledperformance test, there is a delay (dueto operational problems, etc.) inconducting the scheduled performancetest, the owner or operator of an affectedfacility shall notify the Administrator assoon as possible of any delay in theoriginal test date. The owner or operatorshall provide at least 7 days prior noticeof the rescheduled date of theperformance test, or arrange arescheduled date with theAdministrator by mutual agreement.

(ii) Unless specified differently in thissubpart or a referencing subpart,performance test and flare compliancedetermination reports, not submitted aspart of an Initial Compliance StatusReport, shall be submitted to the

Administrator within 60 days ofcompleting the test or determination.

(iii) Any application for a waiver of aninitial performance test or flarecompliance determination, as allowedby § 63.997(b)(2), shall be submitted nolater than 90 calendar days before theperformance test or compliancedetermination is required. Theapplication for a waiver shall includeinformation justifying the owner oroperator’s request for a waiver, such asthe technical or economic infeasibility,or the impracticality, of the sourceperforming the test.

(2) Performance test and flarecompliance determination reportsubmittal and content requirements.Performance test and flare compliancedetermination reports shall besubmitted as specified in paragraphs(a)(2)(i) through (a)(2)(iii) of this section.

(i) For performance tests of flarecompliance determinations, the InitialCompliance Status Report orperformance test and flare compliancedetermination report shall include onecomplete test report as specified inparagraph (a)(2)(ii) of this section foreach test method used for a particularkind of emission point and otherapplicable information specified in(a)(2)(iii) of this section. For additionaltests performed for the same kind ofemission point using the same method,the results and any other informationrequired in applicable sections of thissubpart shall be submitted, but acomplete test report is not required.

(ii) A complete test report shallinclude a brief process description,sampling site description, description ofsampling and analysis procedures andany modifications to standardprocedures, quality assuranceprocedures, record of operatingconditions during the test, record ofpreparation of standards, record ofcalibrations, raw data sheets for fieldsampling, raw data sheets for field andlaboratory analyses, documentation ofcalculations, and any other informationrequired by the test method.

(iii) The performance test or flarecompliance determination report shallalso include the information specifiedin (a)(2)(iii)(A) through (a)(2)(iii)(C), asapplicable.

(A) For flare compliancedeterminations, the owner or operatorshall submit the records specified in§ 63.998(a)(1)(i).

(B) For nonflare combustion deviceand halogen reduction deviceperformance tests as required under§§ 63.988(b), 63.989(b), 63.990(b),63.991(b), 63.992(b), 63.994(b), or63.995(b), also submit the records

specified in § 63.998(a)(2)(ii), asapplicable.

(C) For process vents also submit therecords specified in § 63.998(a)(3), asapplicable.

(b) Control device monitoring reports.(1) Control of emissions from storage

vessels, periodic reports. For storagevessels, the owner or operator shallinclude in each periodic report requiredthe information specified in paragraphs(b)(1)(i) through (b)(1)(iii) of thissection.

(i) For the 6-month period covered bythe periodic report, the informationrecorded in § 63.998(d)(2)(ii)(A) through(d)(2)(iii)(C).

(ii) For the time period covered by theperiodic report and the previousperiodic report, the total number ofhours that the control system did notmeet the requirements of §§ 63.983(a),63.985(a), or 63.987(a) due to plannedroutine maintenance.

(iii) A description of the plannedroutine maintenance during the next 6-month periodic reporting period that isanticipated to be performed for thecontrol system when it is not expectedto meet the required control efficiency.This description shall include the typeof maintenance necessary, plannedfrequency of maintenance, and expectedlengths of maintenance periods.

(2) Control of emissions from storagevessels and transfer racks throughrouting to a fuel gas system or process,Initial Compliance Status Report. Anowner or operator who elects to complywith § 63.984 by routing emissions froma storage vessel or transfer rack to aprocess or to a fuel gas system shallsubmit as part of the Initial ComplianceStatus Report the information specifiedin paragraphs (b)(2)(i) and (b)(2)(ii), or(b)(2)(iii) of this section, as applicable.

(i) Storage vessels. If storage vesselsemissions are routed to a process, theowner or operator shall submit theinformation specified in § 63.984(b)(2).

(ii) Storage vessels. If storage vesselsemissions are routed to a fuel gassystem, the owner or operator shallsubmit a statement that the emissionstream is connected to the fuel gassystem and whether the conveyancesystem is subject to the requirements of§ 63.983.

(iii) Transfer racks. Report that thetransfer operation emission stream isbeing routed to a fuel gas system orprocess, when complying with areferencing subpart.

(3) Control of emissions from storagevessels and low throughput transferracks through a nonflare control device,Initial Compliance Status Report. Anowner or operator who elects to complywith § 63.985 by routing emissions from


a storage vessel or low throughputtransfer rack to a nonflare control deviceshall submit, with the InitialCompliance Status Report required by areferencing subpart, the informationspecified in paragraphs (b)(3)(i) and(b)(3)(ii) of this section, and in eitherparagraph (b)(3)(iii) or (b)(3)(iv) of thissection; and paragraph (b)(3)(v), ifapplicable.

(i) A description of the parameter orparameters to be monitored to ensurethat the control device is being properlyoperated and maintained, anexplanation of the criteria used forselection of that parameter (orparameters), and the frequency withwhich monitoring will be performed(e.g., when the liquid level in thestorage vessel is being raised). Ifcontinuous records are specified,whether the provisions of paragraphs(b)(6)(i) and (b)(6)(iii) of this sectionapply.

(ii) The information specified inparagraphs (b)(3)(ii)(A) and, ifapplicable, (b)(3)(ii)(B) of this section.

(A) The operating range for eachmonitoring parameter identified in themonitoring plan. The specifiedoperating range shall represent theconditions for which the control deviceis being properly operated andmaintained.

(B) Summary of the results of theperformance test described in§ 63.985(b)(1)(ii) or (b)(1)(iii), asapplicable. If a performance test isconducted as provided in§ 63.985(b)(1)(ii), submit the results ofthe performance test, including theinformation specified in § 63.999(a)(1)(i)and (a)(1)(ii).

(iii) The documentation specified in§ 63.985(b)(1)(i), if the owner or operatorelects to prepare a design evaluation; or

(iv) The information specified inparagraphs (b)(3)(iv)(A) and (b)(3)(iv)(B)of this section if the owner or operatorelects to submit the results of aperformance test as specified in§ 63.985(b)(1)(ii) or (b)(1)(iii).

(A) Identification of the storage vesselor transfer rack and control device forwhich the performance test will besubmitted, and

(B) Identification of the emissionpoint(s), if any, that share the controldevice with the storage vessel or transferrack and for which the performance testwill be conducted.

(v) The provisions of paragraphs(b)(6)(i) and (b)(6)(ii) of this section donot apply to any low throughputtransfer rack for which the owner oroperator has elected to comply with§ 63.985 or to any storage vessel forwhich the owner or operator is notrequired, by the applicable monitoring

plan established under (b)(3)(i) and(b)(3)(ii) of this section to keepcontinuous records. If continuousrecords are required, the owner oroperator shall specify in the monitoringplan whether the provisions ofparagraphs (b)(6)(i) and (b)(6)(ii) of thissection apply.

(4) Control of emissions from storagevessels and low throughput transferracks through a nonflare control device,periodic reports. If a control deviceother than a flare is used to controlemissions from storage vessels or lowthroughput transfer racks, the periodicreport shall describe each occurrencewhen the monitored parameters wereoutside of the parameter rangesdocumented in the Initial ComplianceStatus Report in accordance withparagraph (b)(3) of this section. Thedescription shall include theinformation specified in paragraphs(b)(4)(i) and (b)(4)(ii) of this section.

(i) Identification of the control devicefor which the measured parameterswere outside of the established ranges,and

(ii) The cause for the measuredparameters to be outside of theestablished ranges.

(5) Control of emissions from processvents and transfer operations (exceptlow throughput transfer racks), InitialCompliance Status Report. The owneror operator shall submit as part of theInitial Compliance Status Report, theoperating range for each monitoringparameter identified for each control,recovery, or halogen reduction device asdetermined in §§ 63.988(c)(2),63.989(c)(2), 63.990(c)(2), 63.991(c)(2),63.992(c)(2), 63.993(c)(5), 63.994(c)(3),and 63.995(c)(2). The specifiedoperating range shall represent theconditions for which the control,recovery, or halogen reduction device isbeing properly operated andmaintained. This report shall includethe information in paragraphs (b)(5)(i)through (b)(5)(iii) of this section, asapplicable, unless the range and the 3-hour periods have been established inthe operating permit.

(i) The specific range of the monitoredparameter(s) for each emission point;

(ii) The rationale for the specific rangefor each parameter for each emissionpoint, including any data andcalculations used to develop the rangeand a description of why the rangeindicates proper operation of thecontrol, recovery, or halogen reductiondevice, as specified in paragraphs(b)(5)(ii)(A), (b)(5)(ii)(B), or (b)(5)(ii)(C)of this section, as applicable.

(A) If a performance test or TRE indexvalue determination is required areferencing subpart for a control,

recovery or halogen removal device, therange shall be based on the parametervalues measured during the TRE indexvalue determination or performance testand may be supplemented byengineering assessments and/ormanufacturer’s recommendations. TREindex value determinations andperformance testing is not required to beconducted over the entire range ofpermitted parameter values.

(B) If a performance test or TRE indexvalue determination is not required bya referencing subpart for a control,recovery, or halogen reduction device,the range may be based solely onengineering assessments and/ormanufacturer’s recommendations.

(C) The range may be based on rangesor limits previously established under areferencing subpart.

(iii) A definition of the source’s 3-hour periods for purposes ofdetermining 3-hour average values ofmonitored parameters. The definitionshall specify the times at which a 3-hourperiod begins and ends.

(6) Control of emissions fromregulated sources, periodic reports. (i)Periodic reports shall include the 3-houraverage values of monitored parameters,calculated as specified in § 63.998(c)(1)for any days when the 3-hour averagevalue is outside the bounds as definedin § 63.998(b)(2) or the data availabilityrequirements defined in paragraphs(b)(6)(i)(A) through (b)(6)(i)(D) of thissection are not met, whether theseexcursions are excused or unexcusedexcursions. For excursions caused bylack of monitoring data, the duration ofperiods when monitoring data were notcollected shall be specified. Anexcursion means any of the three caseslisted in paragraphs (b)(6)(i)(A) through(b)(6)(i)(C) of this section. For a controldevice where multiple parameters aremonitored, if one or more of theparameters meets the excursion criteriain paragraphs (b)(6)(i)(A) through(b)(6)(i)(C) of this section, this isconsidered a single excursion for thecontrol device.

(A) When the 3-hour average value ofone or more monitored parameters isoutside the permitted range.

(B) When the period of control orrecovery device operation is 4 hours orgreater in a 3-hour period andmonitoring data are insufficient toconstitute a valid hour of data for atleast 75 percent of the operating hours.

(C) When the period of control orrecovery device operation is less than 4hours in a 3-hour period and more thanone of the hours during the period ofoperation does not constitute a validhour of data due to insufficientmonitoring data.


(D) Monitoring data are insufficient toconstitute a valid hour of data as usedin paragraphs (b)(6)(i)(B) and (b)(6)(i)(C)of this section, if measured values areunavailable for any of the 15-minuteperiods within the hour.

(ii) Report all carbon-bed regenerationcycles during which the parametersrecorded under § 63.998(a)(2)(ii)(C) wereoutside the ranges established in theInitial Compliance Status Report or inthe operating permit.

(7) Replacing an existing control orrecovery device. As specified in§§ 63.987(b)(2), 63.988(b)(3),63.989(b)(3), 63.990(b)(2), 63.991(b)(2),63.992(b)(2), or 63.993(b)(2), if an owneror operator at a facility not required toobtain a title V permit elects at a laterdate to use a different control orrecovery device, then the Administratorshall be notified by the owner oroperator before implementing thechange. This notification may beincluded in the facility’s periodicreporting.

(8) Halogen reduction device. Theowner or operator shall submit as partof the Initial Compliance Status Reportthe information recorded pursuant to§ 63.998(a)(4).

(9) Flare compliance monitoringresults. The owner or operator shallsubmit as part of the periodic reportsthe information recorded pursuant to§ 63.998(a)(1)(iii).

3. Part 63 is amended by addingsubpart TT to read as follows:

Subpart TT—National Emission Standardsfor Equipment Leaks—Control Level 1

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

for leaks.63.1005 Leak repair.63.1006 Valves in gas and vapor service and

in light liquid service standards.63.1007 Pumps in light liquid service

standards.63.1008 Connectors in gas and vapor

service and in light liquid servicestandards.

63.1009 Agitators in gas and vapor serviceand in light liquid service.

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

63.1011 Pressure relief devices in gas andvapor service standards.

63.1012 Compressor standards.63.1013 Sampling connection systems

standards.63.1014 Open-ended valves or lines

standards.63.1015 Closed vent systems and control

devices; or emissions routed to a fuel gassystem or process standards.

63.1016 Alternative means of emissionlimitation: Enclosed-vented processunits and affected facilities.

63.1017 Recordkeeping requirements.63.1018 Reporting requirements.

§ 63.1000 Applicability.

(a) The provisions of this subpartapply to the control of air emissionsfrom equipment leaks for which anothersubpart references the use of thissubpart for such air emission control.These air emission standards forequipment leaks are placed here foradministrative convenience and onlyapply to those owners and operators offacilities subject to the referencingsubpart. The provisions of 40 CFR part63 subpart A (General Provisions) donot apply to this subpart except as notedin the referencing subpart.

(b) Equipment subject to this subpart.This subpart applies to pumps,compressors, pressure relief devices,sampling connection systems, open-ended valves or lines, valves,connectors and any closed vent systemsand control devices used to meet therequirements of this subpart thatcontacts or services regulated materialas specified in the referencing subpart.

(c) Exemptions. Paragraphs (c)(1) and(c)(2) delineate equipment that isexcluded from the requirements of thissubpart.

(1) Equipment in vacuum service.Equipment that is in vacuum service isexcluded from the requirements of thissubpart.

(2) Equipment in service less than 300hours per calendar year.

(i) Equipment that is in regulatedmaterial service less than 300 hours percalendar year is excluded from therequirements of §§ 63.1006 through63.1015 of this subpart if it is identifiedas required in paragraph (c)(2)(ii) of thissection.

(ii) The identity, either by list,location (area or group), or othermethod, of equipment in regulated-material service less than 300 hours percalendar year within a process unit andaffected facility subject to the provisionsof this subpart shall be recorded.

(iii) Lines and equipment notcontaining process fluids. Except asprovided in a referencing subpart, linesand equipment not containing processfluids are not subject to the provisionsof this subpart. Utilities, and othernonprocess lines, such as heating andcooling systems which do not combinetheir materials with those in theprocesses they serve, are not consideredto be part of a process unit or affectedfacility.

§ 63.1001 Definitions.

All terms used in this part shall havethe meaning given them in the Act andin this section.

Connector means flanged, screwed, orother joined fittings used to connect twopipelines or a pipeline and a piece ofequipment. A common connector is aflange. Joined fittings weldedcompletely around the circumference ofthe interface are not consideredconnectors for the purpose of thisregulation. For the purpose of reportingand recordkeeping, connector meansjoined fittings that are not inaccessible,ceramic, or ceramic-lined (e.g.,porcelain, glass, or glass-lined) asdescribed in § 63.1008(d)(2) of thissubpart.

Distance piece means an open orenclosed casing through which thepiston rod travels, separating thecompressor cylinder from the crankcase.

Double block and bleed system meanstwo block valves connected in serieswith a bleed valve or line that can ventthe line between the two block valves.

Equipment means each pump,compressor, agitator, pressure reliefdevice, sampling connection system,open-ended valve or line, valve,connector, and instrumentation systemin regulated-material service; and anycontrol devices or systems used tocomply with this subpart.

First attempt at repair, for thepurposes of this subpart, means to takeaction for the purpose of stopping orreducing leakage of organic material tothe atmosphere, followed by monitoringas specified in § 63.1004(b) of thissubpart, as appropriate, to verifywhether the leak is repaired, unless theowner or operator determines by othermeans that the leak is not repaired.

In gas or vapor service means that apiece of equipment in regulated materialservice contains a gas or vapor atoperating conditions.

In heavy liquid service means that apiece of equipment in regulated-material service is not in gas or vaporservice or in light liquid service.

In light liquid service means that apiece of equipment in regulated-material service contains a liquid thatmeets the following conditions:

(1) The vapor pressure of one or moreof the organic compounds is greaterthan 0.3 kilopascals at 20 °C,

(2) The total concentration of the pureorganic compounds constituents havinga vapor pressure greater than 0.3kilopascals at 20 °C is equal to or greaterthan 20 percent by weight of the totalprocess stream, and

(3) The fluid is a liquid at operatingconditions.


(NOTE: Vapor pressures may be determinedby standard reference texts or ASTM D–2879.)

In liquid service means that a piece ofequipment in regulated-material serviceis not in gas or vapor service.

In regulated-material service means,for the purposes of this subpart,equipment which meets the definitionof ‘‘in VOC service’’, ‘‘in VHAPservice’’, ‘‘in organic hazardous airpollutant service,’’ or ‘‘in’’ otherchemicals or groups of chemicals‘‘service’’ as defined in the referencingsubpart.

In-situ sampling systems meansnonextractive samplers or in-linesamplers.

In vacuum service means thatequipment is operating at an internalpressure which is at least 5 kilopascalsbelow ambient pressure.

Instrumentation system means agroup of equipment components used tocondition and convey a sample of theprocess fluid to analyzers andinstruments for the purpose ofdetermining process operatingconditions (e.g., composition, pressure,flow, etc.). Valves and connectors arethe predominant type of equipmentused in instrumentation systems;however, other types of equipment mayalso be included in these systems. Onlyvalves nominally 1.27 centimeters (0.5inches) and smaller, and connectorsnominally 1.91 centimeters (0.75inches) and smaller in diameter areconsidered instrumentation systems forthe purposes of this subpart. Valvesgreater than nominally 1.27 centimeters(0.5 inches) and connectors greater thannominally 1.91 centimeters (0.75inches) associated with instrumentationsystems are not considered part ofinstrumentation systems and must bemonitored individually.

Liquids dripping means any visibleleakage from the seal includingdripping, spraying, misting, clouding,and ice formation. Indications of liquidsdripping include puddling or new stainsthat are indicative of an existingevaporated drip.

Nonrepairable means that it istechnically infeasible to repair a piece ofequipment from which a leak has beendetected without a process unit oraffected facility shutdown.

Open-ended valve or line means anyvalve, except relief valves, having oneside of the valve seat in contact withprocess fluid and one side open toatmosphere, either directly or throughopen piping.

Organic monitoring device means aunit of equipment used to indicate theconcentration level of organiccompounds based on a detection

principle such as infra-red, photoionization, or thermal conductivity.

Pressure relief device or valve meansa safety device used to preventoperating pressures from exceeding themaximum allowable working pressureof the process equipment. A commonpressure relief device is a spring-loadedpressure relief valve. Devices that areactuated either by a pressure of less thanor equal to 2.5 pounds per square inchgauge or by a vacuum are not pressurerelief devices.

Pressure release means the emissionof materials resulting from the systempressure being greater than the setpressure of the relief device. Thisrelease can be one release or a series ofreleases over a short time period due toa malfunction in the process.

Referencing subpart means thesubpart which refers an owner oroperator to this subpart.

Regulated material, for purposes ofthis subpart, refers to gases from volatileorganic liquids (VOL), volatile organiccompounds (VOC), hazardous airpollutants (HAP), or other chemicals orgroups of chemicals that are regulatedby the referencing subpart.

Regulated source for the purposes ofthis subpart, means the stationarysource, the group of stationary sources,or the portion of a stationary source thatis regulated by a referencing subpart.

Relief device or valve means a valveused only to release an unplanned,nonroutine discharge. A relief valvedischarge can result from an operatorerror, a malfunction such as a powerfailure or equipment failure, or otherunexpected cause that requiresimmediate venting of gas from processequipment in order to avoid safetyhazards or equipment damage.

Repaired, for the purposes of thissubpart and subpart SS of this part,means the following:

(1) Equipment is adjusted, orotherwise altered, to eliminate a leak asdefined in the applicable sections of thissubpart, and

(2) Equipment, unless otherwisespecified in applicable provisions ofthis subpart, is monitored as specifiedin § 63.1004(b) and subpart SS of thispart, as appropriate, to verify thatemissions from the equipment are belowthe applicable leak definition.

Sampling connection system meansan assembly of equipment within aprocess unit or affected facility usedduring periods of representativeoperation to take samples of the processfluid. Equipment used to takenonroutine grab samples is notconsidered a sampling connectionsystem.

Screwed (threaded) connector meansa threaded pipe fitting where thethreads are cut on the pipe wall and thefitting requires only two pieces to makethe connection (i.e., the pipe and thefitting).

§ 63.1002 Compliance determination.

(a) General procedures for compliancedetermination. Compliance with thissubpart will be determined by review ofthe records required by § 63.1017 andthe reports required by § 63.1018, byreview of performance test results, andby inspections.

(b) Alternative means of emissionlimitation. (1) An owner or operatormay request a determination ofalternative means of emission limitationto the requirements of §§ 63.1006through 63.1015 as provided inparagraphs (b)(2) through (b)(6) of thissection. If the Administrator makes adetermination that an alternative meansof emission limitation is a permissiblealternative, the owner or operator shallcomply with the alternative.

(2) Permission to use an alternativemeans of emission limitation shall begoverned by the following procedures inparagraphs (b)(3) through (b)(6) of thissection.

(3) Where the standard is anequipment, design, or operationalrequirement the criteria specified inparagraphs (b)(3)(i) and (b)(3)(ii) shall bemet.

(i) Each owner or operator applyingfor permission to use an alternativemeans of emission limitation shall beresponsible for collecting and verifyingemission performance test data for analternative means of emissionlimitation.

(ii) The Administrator will comparetest data for the means of emissionlimitation to test data for the equipment,design, and operational requirements.

(4) Where the standard is a workpractice the criteria specified inparagraphs (b)(4)(i) through (b)(4)(vi)shall be met.

(i) Each owner or operator applyingfor permission shall be responsible forcollecting and verifying test data for analternative means of emissionlimitation.

(ii) For each kind of equipment forwhich permission is requested, theemission reduction achieved by therequired work practices shall bedemonstrated for a minimum period of12 months.

(iii) For each kind of equipment forwhich permission is requested, theemission reduction achieved by thealternative means of emission limitationshall be demonstrated.


(iv) Each owner or operator applyingfor permission shall commit, in writing,for each kind of equipment to workpractices that provide for emissionreductions equal to or greater than theemission reductions achieved by therequired work practices.

(v) The Administrator will comparethe demonstrated emission reduction forthe alternative means of emissionlimitation to the demonstrated emissionreduction for the required workpractices and will consider thecommitment in paragraph (b)(4)(iv) ofthis section.

(vi) The Administrator may conditionthe permission on requirements thatmay be necessary to ensure operationand maintenance to achieve the same orgreater emission reduction as therequired work practices of this subpart.

(5) An owner or operator may offer aunique approach to demonstrate thealternative means of emissionlimitation.

(6) If, in the judgement of theAdministrator, an alternative means ofemission limitation will be approved,the Administrator will publish a noticeof the determination in the FederalRegister.

(7)(i) Manufacturers of equipmentused to control equipment leaks of aregulated material may apply to theAdministrator for permission for analternative means of emission limitationthat achieves a reduction in emissionsof the regulated material achieved bythe equipment, design, and operationalrequirements of this subpart.

(ii) The Administrator will grantpermission according to the provisionsof paragraphs (b)(3), (b)(4), (b)(5) and(b)(6) of this section.

§ 63.1003 Equipment identification.(a) General equipment identification.

Equipment subject to this subpart shallbe identified. Identification of theequipment does not require physicaltagging of the equipment. For example,the equipment may be identified on aplant site plan, in log entries, bydesignation of process unit or affectedfacility boundaries by some form ofweatherproof identification, or by otherappropriate methods.

(b) Additional equipmentidentification. In addition to the generalidentification required by paragraph (a)of this section, equipment subject to anyof the provisions in §§ 63.1006 to63.1015 shall be specifically identifiedas required in paragraphs (b)(1) through(b)(6) of this section, as applicable.

(1) Connectors. Except forinaccessible, ceramic, or ceramic-linedconnectors meeting the provisions of§ 63.1108(e)(2) and instrumentation

systems identified pursuant toparagraph (b)(4) of this section, identifythe connectors subject to therequirements of this subpart. Connectorsneed not be individually identified if allconnectors in a designated area orlength of pipe subject to the provisionsof this subpart are identified as a group,and the number of connectors subject isindicated. With respect to connectors,the identification shall be complete nolater than the completion of the initialsurvey required by § 63.1008(a)(1)(i).

(2) Routed to a process or fuel gassystem or equipped with a closed ventsystem and control device. Identify theequipment that the owner or operatorelects to route to a process or fuel gassystem or equip with a closed ventsystem and control device, under theprovisions of § 63.1007(e)(3) (pumps inlight liquid service), § 63.1009 (agitatorsin gas and vapor service and in lightliquid service), § 63.1011(d) (pressurerelief devices in gas and vapor service),§ 63.1012(e) (compressors), or § 63.1016(alternative means of emissionlimitation for enclosed vented processunits) of this subpart.

(3) Pressure relief devices. Identify thepressure relief devices equipped withrupture disks, under the provisions of§ 63.1011(e) of this subpart.

(4) Instrumentation systems. Identifyinstrumentation systems subject to theprovisions of this subpart. Individualcomponents in an instrumentationsystem need not be identified.

(5) Equipment in service less than 300hours per calendar year. The identity,either by list, location (area or group), orother method, of equipment in regulatedmaterial service less than 300 hours percalendar year within a process unit oraffected facilities subject to theprovisions of this subpart shall berecorded.

(c) Special equipment designations:Equipment that is unsafe or difficult-to-monitor.

(1) Designation and criteria forunsafe-to-monitor. Valves meeting theprovisions of § 63.1006(e)(1), pumpsmeeting the provisions of§ 63.1007(e)(5), and connectors meetingthe provisions of § 63.1008(d)(1) may bedesignated unsafe-to-monitor if theowner or operator determines thatmonitoring personnel would be exposedto an immediate danger as aconsequence of complying with themonitoring requirements of this subpart.Examples of an unsafe-to-monitorequipment include, but is not limited to,equipment under extreme pressure orheat.

(2) Designation and criteria fordifficult-to-monitor. Valves meeting theprovisions of § 63.1006(e)(2) of this

subpart may be designated difficult-to-monitor if the provisions of paragraph(c)(2)(i) of this section apply. Agitatorsmeeting the provisions of § 63.1009(f)(5)may be designated difficult-to-monitor ifthe provisions of paragraph (c)(2)(ii)apply.

(i) Valves.(A) The owner or operator of the valve

determines that the equipment cannotbe monitored without elevating themonitoring personnel more than 2meters (7 feet) above a support surfaceor it is not accessible in a safe mannerwhen it is in regulated material service.

(B) The process unit or affectedfacility within which the valve islocated is an existing source, or a newsource for which the owner or operatordesignates less than 3 percent of thetotal number of valves as difficult-to-monitor.

(ii) Agitators. The owner or operatordetermines that the agitator cannot bemonitored without elevating themonitoring personnel more than 2meters (7 feet) above a support surfaceor it is not accessible in a safe mannerwhen it is in regulated material service.

(3) Identification of equipment. Theinformation specified in paragraphs(c)(3)(i) and (c)(3)(ii) pertaining toequipment designated as unsafe-to-monitor or difficult-to-monitoraccording to the provisions of paragraph(c)(1) of this section shall be recorded.

(i) The identity of equipmentdesignated as unsafe-to-monitor ordifficult-to-monitor and the plan formonitoring this equipment.

(ii) The identity of the equipmentdesignated as difficult-to-monitor, anexplanation why the equipment isdifficult-to-monitor, and the plannedschedule for monitoring this equipment.

(4) Identification of unsafe ordifficult-to-monitor equipment. Theowner or operator shall record theidentity of equipment designated asunsafe-to-monitor or difficult-to-monitoraccording to the provisions ofparagraphs (c)(1) or (c)(2) of this section,the planned schedule for monitoringthis equipment, and an explanation whythe equipment is unsafe or difficult-to-monitor, if applicable. This record mustbe kept at the plant and be available forreview by an inspector.

(5) Written plan requirements. (i) Theowner or operator of equipmentdesignated as unsafe-to-monitoraccording to the provisions of paragraph(c)(1)(i) of this section shall have awritten plan that requires monitoring ofthe equipment as frequently as practicalduring safe-to-monitor times, but notmore frequently than the periodicmonitoring schedule otherwiseapplicable, and repair of the equipment


according to the procedures in § 63.1005if a leak is detected.

(ii) The owner or operator ofequipment designated as difficult-to-monitor according to the provisions ofparagraph (c)(2) of this section shallhave a written plan that requiresmonitoring of the equipment at leastonce per calendar year.

(d) Special equipment designations:Unsafe-to-repair.—(1) Designation andcriteria. Connectors subject to theprovisions of § 63.1005(e) may beconsidered unsafe-to-repair if the owneror operator determines that repairpersonnel would be exposed to animmediate danger as a consequence ofcomplying with the repair requirementsof this subpart, and if the connector willbe repaired before the end of the nextprocess unit or affected facilityshutdown as specified in § 63.1005(e) ofthis subpart.

(2) Identification of equipment. Theidentity of connectors designated asunsafe-to-repair and an explanation whythe connector is unsafe-to-repair shallbe recorded.

(e) Special equipment designations:Equipment operating with no detectableemissions.—(1) Designation and criteria.Equipment may be designated as havingno detectable emissions if it has noexternal actuating mechanism in contactwith the process fluid, and is operatedwith emissions less than 500 parts permillion above background asdetermined by the method specified in§ 63.1004(c).

(2) Identification of equipment. Theidentity of equipment designated as nodetectable emissions shall be recorded.

(3) Identification of compressorsoperating under no detectableemissions. Identify the compressors thatthe owner or operator elects to designateas operating with an instrument readingof less than 500 parts per million abovebackground, under the provisions of§ 63.1012(f).

§ 63.1004 Instrument and sensorymonitoring for leaks.

(a) Monitoring for leaks. The owner oroperator of a regulated source subject tothis subpart shall monitor all regulatedequipment as specified in paragraph(a)(1) of this section for instrumentmonitoring and paragraph (a)(2) of thissection for sensory monitoring.

(1) Instrument monitoring for leaks. (i)Valves in gas and vapor service and inlight liquid service shall be monitoredpursuant to § 63.1006(b).

(ii) Pumps in light liquid service shallbe monitored pursuant to § 63.1007(b).

(iii) Connectors in gas and vaporservice and in light liquid service shallbe monitored pursuant to § 63.1008(b).

(iv) Agitators in gas and vapor serviceand in light liquid service shall bemonitored pursuant to § 63.1009(b).

(v) Pressure relief devices in gas andvapor service shall be monitoredpursuant to § 63.1011(b) and (c).

(vi) Compressors designated tooperate with an instrument reading lessthan 500 parts per million as describedin § 63.1003(e), shall be monitoredpursuant to § 63.1012(f).

(2) Sensory monitoring for leaks. (i)Pumps in light liquid service shall beobserved pursuant to § 63.1007(b)(4)and (e)(1).

(ii) Inaccessible, ceramic, or ceramic-lined connectors in gas and vaporservice and in light liquid service shallbe observed pursuant to § 63.1008(d)(2).

(iii) Agitators in gas and vapor serviceand in light liquid service shall bemonitored pursuant to § 63.1009(b)(3) or(e)(1).

(iv) Pumps, valves, agitators, andconnectors in heavy liquid service;instrumentation systems; and pressurerelief devices in liquid service shall beobserved pursuant to § 63.1010(b)(1).

(b) Instrument monitoring methods.Instrument monitoring, as requiredunder this subpart, shall comply withthe requirements specified inparagraphs (b)(1) through (b)(6) of thissection.

(1) Monitoring method. Monitoringshall comply with Method 21 of 40 CFRpart 60, appendix A.

(2) Detection instrument performancecriteria.

(i) Except as provided for inparagraph (b)(2)(ii) of this section, thedetection instrument shall meet theperformance criteria of Method 21 of 40CFR part 60, appendix A, except theinstrument response factor criteria insection 3.1.2(a) of Method 21 shall befor the representative composition of theprocess fluid, and not for eachindividual HAP, VOC or other regulatedmaterial individual chemical compoundin the stream. For process streams thatcontain nitrogen, air, or other inerts thatare not regulated-materials, therepresentative stream response factorshall be calculated on an inert-freebasis. The response factor may bedetermined at any concentration forwhich monitoring for leaks will beconducted.

(ii) If there is no instrumentcommercially available that will meetthe performance criteria specified inparagraph (b)(2)(i) of this section, theinstrument readings may be adjusted bymultiplying by the representativeresponse factor of the process fluid,calculated on an inert-free basis asdescribed in paragraph (b)(2)(i) of thissection.

(3) Detection instrument calibrationprocedure. The detection instrumentshall be calibrated before use on eachday of its use by the proceduresspecified in Method 21 of 40 CFR part60, appendix A.

(4) Detection instrument calibrationgas. Calibration gases shall be zero air(less than 10 parts per million ofhydrocarbon in air); and a mixture ofmethane in air at a concentration ofapproximately, but less than, 10,000parts per million; or a mixture ofn-hexane in air at a concentration ofapproximately, but less than, 10,000parts per million. A calibration gas otherthen methane in air or n-hexane in airmay be used if the instrument does notrespond to methane or n-hexane or ifthe instrument does not meet theperformance criteria specified inparagraph (b)(2)(i) of this section. Insuch cases, the calibration gas may be amixture of one or more compounds tobe measured in air.

(5) Monitoring performance.Monitoring shall be performed when theequipment is in regulated materialservice or is in use with any otherdetectable material.

(6) Monitoring data. Monitoring dataobtained prior to the regulated sourcebecoming subject to the referencingsubpart that do not meet the criteriaspecified in paragraphs (b)(1) through(b)(5) of this section may still be usedto initially qualify for less frequentmonitoring under the provisions in§ 63.1006(a)(2), (b)(3) or (b)(4) for valvesor § 63.1008(b) for connectors providedthe departures from the criteriaspecified or from the specifiedmonitoring frequency of § 63.1006(b)(3)are minor and do not significantly affectthe quality of the data. Examples ofminor departures are monitoring at aslightly different frequency (such asevery six weeks instead of monthly orquarterly), following the performancecriteria of section 3.1.2(a) of Method 21of Appendix A of 40 CFR part 60instead of paragraph (b)(2) of thissection, or monitoring at a different leakdefinition if the data would indicate thepresence or absence of a leak at theconcentration specified in thereferencing subpart. Failure to use acalibrated instrument is not considereda minor departure.

(c) Instrument monitoring usingbackground adjustments. The owner oroperator may elect to adjust or not toadjust the instrument readings forbackground. If an owner or operatorelects not to adjust instrument readingsfor background, the owner or operatorshall monitor the equipment accordingto the procedures specified inparagraphs (b)(1) through (b)(4) of this


section. In such case, all instrumentreadings shall be compared directly tothe applicable leak definition for themonitored equipment to determinewhether there is a leak or to determinecompliance with § 63.1011(b) (pressurerelief devices in gas and vapor service)or § 63.1012(f) (compressors). If anowner or operator elects to adjustinstrument readings for background, theowner or operator shall monitor theequipment according to the proceduresspecified in paragraphs (c)(1) through(c)(4) of this section.

(1) The requirements of paragraphs(b)(1) through (b)(4) of this section shallapply.

(2) The background level shall bedetermined, using the procedures inMethod 21 of 40 CFR part 60, appendixA.

(3) The instrument probe shall betraversed around all potential leakinterfaces as close to the interface aspossible (as described in Method 21 of40 CFR part 60, appendix A).

(4) The arithmetic difference betweenthe maximum concentration indicatedby the instrument and the backgroundlevel shall be compared to theapplicable leak definitions for themonitored equipment to determinewhether there is a leak or to determinecompliance with § 63.1011(b) (pressurerelief devices in gas and vapor service)or § 63.1012(f) (compressors).

(d) Sensory monitoring methods.Sensory monitoring, as required underthis subpart, shall consist of detection ofa potential leak to the atmosphere byvisual, audible, olfactory, or any otherdetection method.

(e) Leaking equipment identificationand records.

(1) When each leak is detectedpursuant to the monitoring specified inparagraph (a) of this section, aweatherproof and readily visibleidentification, marked with theequipment identification, shall beattached to the leaking equipment.

(2) When each leak is detected, theinformation specified in paragraphs(e)(2)(i) and (e)(2)(ii) shall be recordedand kept pursuant to the referencingsubpart.

(i) The instrument and the equipmentidentification and the operator name,initials, or identification number if aleak is detected or confirmed byinstrument monitoring.

(ii) The date the leak was detected.

§ 63.1005 Leak repair.(a) Leak repair schedule. The owner

or operator shall repair each leakdetected as soon as practical, but notlater than 15 calendar days after it isdetected, except as provided in

paragraph (d) of this section. A firstattempt at repair shall be made no laterthan 5 calendar days after the leak isdetected. First attempt at repair forpumps includes, but is not limited to,tightening the packing gland nuts and/or ensuring that the seal flush isoperating at design pressure andtemperature. First attempt at repair forvalves includes, but is not limited to,tightening the bonnet bolts, and/orreplacing the bonnet bolts, and/ortightening the packing gland nuts, and/or injecting lubricant into the lubricatedpacking.

(b) Leak identification removal—(1)Valves and connectors. The leakidentification on a valve may beremoved after it has been monitored asspecified in § 63.1006(b), and no leakhas been detected during thatmonitoring. The leak identification on aconnector may be removed after it hasbeen monitored as specified in§ 63.1008(b) and no leak has beendetected during that monitoring.

(2) Other equipment. Theidentification that has been placed,pursuant to § 63.1004(e), on equipmentdetermined to have a leak, except for avalve or for a connector that is subjectto the provisions of § 63.1008(b), may beremoved after it is repaired.

(c) Delay of repair. Delay of repair canbe used as specified in any ofparagraphs (c)(1) through (c)(5) of thissection. The owner or operator shallmaintain a record of the facts thatexplain any delay of repairs and, whereappropriate, why the repair wastechnically infeasible without a processunit shutdown.

(1) Delay of repair of equipment forwhich leaks have been detected isallowed if the repair is technicallyinfeasible without a process unit oraffected facility shutdown within 15days after a leak is detected. Repair ofthis equipment shall occur as soon aspractical, but not later than by the endof the next process unit or affectedfacility shutdown, except as provided inparagraph (c)(5) of this section.

(2) Delay of repair of equipment forwhich leaks have been detected isallowed for equipment that is isolatedfrom the process and that does notremain in regulated-material service.

(3) Delay of repair for valves,connectors, and agitators is also allowedif the criteria specified in paragraphs(c)(3)(i) and (c)(3)(ii) are met.

(i) The owner or operator determinesthat emissions of purged materialresulting from immediate repair wouldbe greater than the fugitive emissionslikely to result from delay of repair, and

(ii) When repair procedures areeffected, the purged material is collected

and destroyed or recovered in a controlor recovery device complying withsubpart SS of this part.

(4) Delay of repair for pumps isallowed if the criteria specified inparagraphs (c)(4)(i) and (c)(4)(ii) are met.

(i) Repair requires replacing theexisting seal design with a new systemthat the owner or operator hasdetermined will provide betterperformance or one of the specificationsof paragraphs (c)(4)(i)(A) through(c)(4)(i)(C) of this section are met.

(A) A dual mechanical seal systemthat meets the requirements of§ 63.1007(e)(1) will be installed,

(B) A pump that meets therequirements of § 63.1007(e) will beinstalled; or

(C) A system that routes emissions toa process or a fuel gas system or a closedvent system and control device thatmeets the requirements of§ 63.1007(e)(3) will be installed.

(ii) Repair is to be completed as soonas practical, but not later than 6 monthsafter the leak was detected.

(5) Delay of repair beyond a processunit or affected facility shutdown willbe allowed for a valve if valve assemblyreplacement is necessary during theprocess unit or affected facilityshutdown, and valve assembly supplieshave been depleted, and valve assemblysupplies had been sufficiently stockedbefore the supplies were depleted. Delayof repair beyond the second process unitor affected facility shutdown will not beallowed unless the third process unit oraffected facility shutdown occurs soonerthan 6 months after the first process unitor affected facility shutdown.

(d) Unsafe-to-repair connectors. Anyconnector that is designated, asdescribed in § 63.1003(d), as an unsafe-to-repair connector is exempt from therequirements of § 63.1008(b), andparagraph (a) of this section.

(1) The owner or operator determinesthat repair personnel would be exposedto an immediate danger as aconsequence of complying withparagraph (a) of this section; and

(2) The connector will be repairedbefore the end of the next scheduledprocess unit or affected facilityshutdown.

(e) Leak repair records. For each leakdetected, the information specified inparagraphs (e)(1) through (e)(5) of thissection shall be recorded andmaintained pursuant to the referencingsubpart.

(1) The date of first attempt to repairthe leak.

(2) The date of successful repair of theleak.

(3) Maximum instrument readingmeasured by Method 21 of 40 CFR part


60, appendix A at the time the leak issuccessfully repaired or determined tobe nonrepairable.

(4) ‘‘Repair delayed’’ and the reasonfor the delay if a leak is not repairedwithin 15 calendar days after discoveryof the leak as specified in paragraphs(e)(4)(i) and (e)(4)(ii) of this section.

(i) The owner or operator maydevelop a written procedure thatidentifies the conditions that justify adelay of repair. The written proceduresmay be included as part of the startup,shutdown, and malfunction plan, asrequired by the referencing subpart forthe source, or may be part of a separatedocument that is maintained at theplant site. In such cases, reasons fordelay of repair may be documented byciting the relevant sections of thewritten procedure.

(ii) If delay of repair was caused bydepletion of stocked parts, there must bedocumentation that the spare parts weresufficiently stocked on site beforedepletion and the reason for depletion.

(5) Dates of process unit or affectedfacility shutdowns that occur while theequipment is unrepaired.

§ 63.1006 Valves in gas and vapor serviceand in light liquid service standards.

(a) Compliance schedule. (1) Theowner or operator shall comply withthis section no later than thecompliance dates specified in thereferencing subpart.

(2) The use of monitoring datagenerated before the regulated sourcebecame subject to the referencingsubpart to initially qualify for lessfrequent monitoring is governed by theprovisions of § 63.1004(b)(6).

(b) Leak detection. Unless otherwisespecified in § 63.1002(b), or§ 63.1005(c), or in paragraph (e) of thissection, or the referencing subpart, theowner or operator shall monitor allvalves at the intervals specified inparagraphs (b)(3) through (b)(6) of thissection and shall comply with all otherprovisions of this section.

(1) Monitoring method. The valvesshall be monitored to detect leaks by themethod specified in § 63.1004(b) and(c).

(2) Instrument reading that defines aleak. The instrument reading thatdefines a leak is 10,000 parts per millionor greater.

(3) Monitoring period. (i) Each valveshall be monitored monthly to detectleaks, except as provided in paragraphs(b)(3)(ii), (e)(1), (e)(2), and (e)(4) of thissection. An owner or operator mayotherwise elect to comply with one ofthe alternative standards in paragraphs(b)(5) or (b)(6) of this section as

specified in paragraph (b)(4) of thissection.

(ii)(A) Any valve for which a leak isnot detected for 2 successive monthsmay be monitored the same month (first,second, or third month) of every quarter,beginning with the next quarter, until aleak is detected. The first quarterlymonitoring shall occur less than 3months following the last monthlymonitoring.

(B) If a leak is detected, the valve shallbe monitored monthly until a leak is notdetected for 2 successive months.

(C) For purposes of paragraph (b) ofthis section, quarter means a 3-monthperiod with the first quarter concludingon the last day of the last full monthduring the 180 days following initialstartup.

(4) Allowance of alternativestandards. An owner or operator mayelect to comply with one of thealternatives specified in eitherparagraph (b)(5) or (b)(6) of this sectionif the percentage of valves leaking isequal to or less than 2.0 percent asdetermined by the procedure inparagraph (c) of this section. An owneror operator must notify theAdministrator before implementing oneof the alternatives specified in eitherparagraph (b)(5) or (b)(6) of this section.

(5) Allowable percentage alternative.An owner or operator choosing tocomply with the allowable percentagealternative shall have an allowablepercentage of leakers no greater than 2.0percent for each affected facility orprocess unit and shall comply withparagraphs (b)(5)(i) and (b)(5)(ii) of thissection.

(i) A compliance demonstration foreach affected facility or process unit oraffected facility complying with thisalternative shall be conducted initiallyupon designation, annually, and at othertimes requested by the Administrator.For each such demonstration, all valvesin gas and vapor and light liquid servicewithin the affected facility or processunit shall be monitored within 1 weekby the methods specified in§ 63.1004(b). If an instrument readingexceeds the equipment leak levelspecified in the referencing subpart, aleak is detected. The leak percentageshall be calculated as specified inparagraph (c) of this section.

(ii) If an owner or operator decides nolonger to comply with this alternative,the owner or operator must notify theAdministrator in writing that the workpractice standard described inparagraph (b)(3) of this section will befollowed.

(6) Skip period alternatives. An owneror operator may elect to comply withone of the alternative work practices

specified in paragraphs (b)(6)(i) or(b)(6)(ii) of this section. An owner oroperator electing to use one of theseskip period alternatives shall complywith paragraphs (b)(6)(iii) and (b)(6)(iv)of this section. Before using either skipperiod alternative, the owner or operatorshall initially comply with therequirements of paragraph (b)(3) of thissection. Monitoring data generatedbefore the regulated source becamesubject to the referencing subpart thatmeets the criteria of either§ 63.1004(b)(1) through (b)(5), or§ 63.1004(b)(6), may be used to initiallyqualify for skip period alternatives.

(i) After 2 consecutive quarterly leakdetection periods with the percent ofvalves leaking equal to or less than 2.0as determined by the procedure inparagraph (c) of this section, an owneror operator may begin to monitor forleaks once every 6 months.

(ii) After 5 consecutive quarterly leakdetection periods with the percent ofvalves leaking equal to or less than 2.0as determined by the procedure inparagraph (c) of this section, an owneror operator may begin to monitor forleaks once every year.

(iii) If the percent of valves leaking isgreater than 2.0, the owner or operatorshall comply with paragraph (b)(3) ofthis section, but can elect to complywith paragraph (b)(6) of this section iffuture percent of valves leaking is againequal to or less than 2.0.

(iv) The owner or operator shall keepa record of the monitoring schedule andthe percent of valves found leakingduring each monitoring period.

(c) Percent leaking valvescalculation—calculation basis andprocedures. (1) The owner or operatorshall decide no later than thecompliance date of this subpart, or uponrevision of an operating permit whetherto calculate percent leaking valves on aprocess unit or group of process unitsbasis. Once the owner or operator hasdecided, all subsequent percentagecalculations shall be made on the samebasis and this shall be the basis used forcomparison with the subgroupingcriteria specified in paragraph (b)(4)(i)of this section.

(2) The percent of valves leaking shallbe determined by dividing the sum ofvalves found leaking during currentmonitoring and valves for which repairhas been delayed by the total number ofvalves subject to the requirements ofthis section.

(d) Leak repair. (1) If a leak isdetermined pursuant to paragraph (b),(e)(1), or (e)(2) of this section, then theleak shall be repaired using theprocedures in § 63.1005, as applicable.


(2) When a leak has been repaired, thevalve shall be monitored at least oncewithin the first 3 months after its repair.The monitoring required by thisparagraph is in addition to themonitoring required to satisfy thedefinition of repair.

(i) The monitoring shall be conductedas specified in § 63.1004(b) and (c), asappropriate, to determine whether thevalve has resumed leaking.

(ii) Periodic monitoring required byparagraph (b) of this section may beused to satisfy the requirements of thisparagraph, if the timing of themonitoring period coincides with thetime specified in this paragraph.Alternatively, other monitoring may beperformed to satisfy the requirements ofthis paragraph, regardless of whetherthe timing of the monitoring period forperiodic monitoring coincides with thetime specified in this paragraph.

(iii) If a leak is detected by monitoringthat is conducted pursuant to thisparagraph, the owner or operator shallfollow the provisions of paragraphs(d)(2)(iii)(A) and (d)(2)(iii)(B) of thissection, to determine whether that valvemust be counted as a leaking valve forpurposes of paragraph (c)(1)(ii) of thissection.

(A) If the owner or operator elected touse periodic monitoring required byparagraph (b) of this section to satisfythe requirements of this paragraph, thenthe valve shall be counted as a leakingvalve.

(B) If the owner or operator elected touse other monitoring, prior to theperiodic monitoring required byparagraph (b) of this section, to satisfythe requirements of this paragraph, thenthe valve shall be counted as a leakingvalve unless it is repaired and shown byperiodic monitoring not to be leaking.

(e) Special provisions for valves.—(1)Unsafe-to-monitor valves. Any valvethat is designated, as described in§ 63.1003(c)(1), as an unsafe-to-monitorvalve and the owner or operatormonitors the valve according to thewritten plan specified in § 63.1003(c)(5),is exempt from the requirements ofparagraph (b) of this section and theowner or operator shall monitor thevalve according to the written planspecified in § 63.1003(c)(5).

(2) Difficult-to-monitor. Any valvethat is designated, as described in§ 63.1003(c)(2), as a difficult-to-monitorvalve is exempt from the requirementsof paragraph (b) of this section and theowner or operator shall monitor thevalve according to the written planspecified in § 63.1003(c)(5).

(3) Less than 250 valves. Anyequipment located at a plant site withfewer than 250 valves in regulated

material service is exempt from themonthly monitoring specified inparagraph (b)(3)(i) of this section.Instead, the owner or operator shallmonitor each valve in regulated materialservice for leaks once each quarter, orcomply with paragraphs (b)(3)(ii)(A),(b)(3)(ii)(B), or (b)(3)(ii)(C) of thissection except as provided inparagraphs (e)(1) and (e)(2) of thissection.

(4) No detectable emissions. (i) Anyvalve that is designated, as described in§ 63.1003(e), as having no detectableemissions is exempt from therequirements of paragraphs (b) through(c) of this section if the owner oroperator meets the criteria specified inparagraphs (e)(4)(i)(1) and (e)(4)(i)(2) ofthis section.

(1) Tests the valve for operation withemissions less than 500 parts permillion above background asdetermined by the method specified in§ 63.1004(c) initially upon designation,annually, and at other times requestedby the Administrator, and

(2) Records the dates of eachcompliance demonstration, thebackground level measured during eachcompliance test, and the maximuminstrument reading measured at theequipment during each compliance test.

(ii) A valve may not be designated oroperated for no detectable emissions, asdescribed in § 63.1003(e), if the valvehas a maximum instrument readingminus background greater than 500parts per million.

§ 63.1007 Pumps in light liquid servicestandards.

(a) Compliance schedule. The owneror operator shall comply with thissection no later than the compliancedate specified in the referencingsubpart.

(b) Leak detection. Unless otherwisespecified in § 63.1003(c) of this subpartor paragraphs (e)(1) through (e)(5) of thissection, the owner or operator shallmonitor each pump monthly to detectleaks and shall comply with all otherprovisions of this section.

(1) Monitoring method. The pumpsshall be monitored to detect leaks by themethod specified in § 63.1004(b) of thissubpart.

(2) Instrument reading that defines aleak. The instrument reading thatdefines a leak is 10,000 parts permillion.

(3) Visual inspection. Each pumpshall be checked by visual inspectioneach calendar week for indications ofliquids dripping from the pump seal.The owner or operator shall documentthat the inspection was conducted andthe date of the inspection. If there are

indications of liquids dripping from thepump seal, a leak is detected. Unless theowner or operator demonstrates (e.g.,through instrument monitoring) that theindications of liquids dripping are dueto a condition other than process fluiddrips, the leak shall be repairedaccording to the procedures ofparagraph (b)(4) of this section.

(4) Visual inspection: Leak repair.Where a leak is identified by visualindications of liquids dripping, repairshall mean that the visual indications ofliquids dripping have been eliminated.

(c) Percent leaking pumps calculation.(1) The owner or operator shall decide

no later than the compliance date of thispart or upon revision of an operatingpermit whether to calculate percentleaking pumps on a process unit basisor group of process units basis. Once theowner or operator has decided, allsubsequent percentage calculationsshall be made on the same basis.

(2) The number of pumps at a processunit shall be the sum of all the pumpsin regulated material service, except thatpumps found leaking in a continuousprocess unit or within 1 month afterstartup of the pump shall not count inthe percent leaking pumps calculationfor that one monitoring period only.

(3) Percent leaking pumps shall bedetermined by the following equation:

% / [ . ]P P P P P EqL L S T S= −( ) −( )( ) ×100 1

Where:%PL = Percent leaking pumpsPL = Number of pumps found leaking as

determined through monthlymonitoring as required in paragraph(b) of this section.

PT = Total pumps in regulatedmaterial service, including thosemeeting the criteria in paragraphs (e)(1)and (e)(2) of this section.

PS = Number of pumps leaking within1 month of start-up during the currentmonitoring period.

(d) Leak repair. If a leak is detectedpursuant to paragraph (b) of this section,then the leak shall be repaired using theprocedures in § 63.1005, as applicable,unless otherwise specified in paragraph(b)(4) of this section for leaks identifiedby visual indications of liquidsdripping.

(e) Special provisions for pumps.—(1)Dual mechanical seal pumps. Eachpump equipped with a dual mechanicalseal system that includes a barrier fluidsystem is exempt from the requirementsof paragraph (b) of this section,provided the requirements specified inparagraphs (e)(1)(i) through (e)(1)(viii) ofthis section are met.

(i) The owner or operator determines,based on design considerations and


operating experience, criteria applicableto the presence and frequency of dripsand to the sensor that indicates failureof the seal system, the barrier fluidsystem, or both. The owner or operatorshall keep records at the plant of thedesign criteria and an explanation of thedesign criteria, and any changes to thesecriteria and the reasons for the changes.This record must be available for reviewby an inspector.

(ii) Each dual mechanical seal systemshall meet the requirements specified inparagraphs (e)(1)(ii)(A) through(e)(1)(ii)(C) of this section.

(A) Each dual mechanical seal systemis operated with the barrier fluid at apressure that is at all times (exceptperiods of startup, shutdown, ormalfunction) greater than the pumpstuffing box pressure; or

(B) Equipped with a barrier fluiddegassing reservoir that is routed to aprocess or fuel gas system or connectedby a closed vent system to a controldevice that complies with therequirements of subpart SS of this part;or

(C) Equipped with a closed-loopsystem that purges the barrier fluid intoa process stream.

(iii) The barrier fluid is not in lightliquid service.

(iv) Each barrier fluid system isequipped with a sensor that will detectfailure of the seal system, the barrierfluid system, or both.

(v) Each pump is checked by visualinspection each calendar week forindications of liquids dripping from thepump seal. The owner or operator shalldocument that the inspection wasconducted and the date of theinspection. If there are indications ofliquids dripping from the pump seal atthe time of the weekly inspection, theowner or operator shall follow theprocedure specified in either paragraph(e)(1)(v)(A) or (e)(1)(v)(B) of this section.

(A) The owner or operator shallmonitor the pump as specified in§ 63.1004(b) to determine if there is aleak of regulated material in the barrierfluid.

(B) If an instrument reading of 10,000parts per million or greater is measured,a leak is detected and shall be repairedusing the procedures in § 63.1005; or

(C) The owner or operator shalleliminate the visual indications ofliquids dripping.

(vi) If indications of liquids drippingfrom the pump seal exceed the criteriaestablished in paragraph (e)(1)(i) of thissection, or if based on the criteriaestablished in paragraph (e)(1)(i) of thissection the sensor indicates failure ofthe seal system, the barrier fluid system,or both, a leak is detected.

(vii) Each sensor as described inparagraph (e)(1)(iv) of this section isobserved daily or is equipped with analarm unless the pump is located withinthe boundary of an unmanned plantsite.

(viii) When a leak is detectedpursuant to paragraph (e)(1)(vi) of thissection, it shall be repaired as specifiedin § 63.1005.

(2) No external shaft. Any pump thatis designed with no externally actuatedshaft penetrating the pump housing isexempt from the monitoringrequirements of paragraph (b) of thissection.

(3) Routed to a process or fuel gassystem or equipped with a closed ventsystem. Any pump that is routed to aprocess or a fuel gas system or equippedwith a closed vent system that capturesand transports leakage from the pump toa control device meeting therequirements of § 63.1015 is exemptfrom monitoring requirements ofparagraph (b) of this section.

(4) Unmanned plant site. Any pumpthat is located within the boundary ofan unmanned plant site is exempt fromthe weekly visual inspectionrequirement of paragraphs (b)(3), and(e)(1)(v) of this section, and the dailyrequirements of paragraph (e)(1)(vii) ofthis section, provided that each pump isvisually inspected as often as practicaland at least monthly.

(5) Unsafe-to-monitor pumps. Anypump that is designated, as described in§ 63.1003(c)(1), as an unsafe-to-monitorpump is exempt from the monitoringrequirements of paragraph (b) of thissection and the repair requirements of§ 63.1005 and the owner or operatorshall monitor the pump according to thewritten plan specified in § 63.1003(c)(5).

§ 63.1008 Connectors in gas and vaporservice and in light liquid servicestandards.

(a) Compliance schedule. The owneror operator shall comply with thissection no later than the compliancedates specified in the referencingsubpart.

(b) Leak detection. Connectors shallbe monitored within 5 days by themethod specified in § 63.1004(b) ifevidence of a potential leak is found byvisual, audible, olfactory, or any otherdetection method. No monitoring isrequired if the evidence of a potentialleak is eliminated within 5 days. If aninstrument reading of 10,000 parts permillion or greater is measured, a leak isdetected. If a leak is detected, it shall beidentified and repaired pursuant to theprovisions of § 63.1004(e) and § 63.1005,respectively.

(c) Leak repair. If a leak is detectedpursuant to paragraph (b) of this section,then the leak shall be repaired using theprocedures in § 63.1005, as applicable.

(d) Special provisions forconnectors.—(1) Unsafe-to-monitorconnectors. Any connector that isdesignated, as described in§ 63.1003(c)(1), as an unsafe-to-monitorconnector is exempt from therequirements of paragraph (b) of thissection and the owner or operator shallmonitor according to the written planspecified in § 63.1003(c)(5).

(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any connector thatis inaccessible or that is ceramic orceramic-lined (e.g., porcelain, glass, orglass-lined), is exempt from themonitoring requirements of paragraph(b) of this section and from therecordkeeping and reportingrequirements of § 63.1017 and§ 63.1018. An inaccessible connector isa connector that meets any of theprovisions specified in paragraphs(d)(2)(i)(A) through (d)(2)(i)(F) of thissection, as applicable.

(A) Buried;(B) Insulated in a manner that

prevents access to the connector by amonitor probe;

(C) Obstructed by equipment orpiping that prevents access to theconnector by a monitor probe; or

(D) Unable to be reached from awheeled scissor-lift or hydraulic-typescaffold that would allow access toconnectors up to 7.6 meters (25 feet)above the ground.

(E) Inaccessible because it wouldrequire elevating the monitoringpersonnel more than 2 meters (7 feet)above a permanent support surface orwould require the erection of scaffold;

(F) Not able to be accessed at any timein a safe manner to perform monitoring.Unsafe access includes, but is notlimited to, the use of a wheeled scissor-lift on unstable or uneven terrain, theuse of a motorized man-lift basket inareas where an ignition potential exists,or access would require near proximityto hazards such as electrical lines, orwould risk damage to equipment.

(ii) If any inaccessible ceramic orceramic-lined connector is noted tohave a leak by visual, audible, olfactory,or other means, the leak to theatmosphere shall be eliminated as soonas practical.

§ 63.1009 Agitators in gas and vaporservice and in light liquid servicestandards.

(a) Compliance schedule. The owneror operator shall comply with thissection no later than the compliance


dates specified in the referencingsubpart.

(b) Leak detection. (1) Monitoringmethod. Each agitator seal shall bemonitored monthly to detect leaks bythe methods specified in § 63.1004(b),except as provided in § 63.1002(b).

(2) Instrument reading that defines aleak. If an instrument readingequivalent of 10,000 parts per million orgreater is measured, a leak is detected.

(3) Visual inspection. Each agitatorseal shall be checked by visualinspection each calendar week forindications of liquids dripping from theagitator seal. If there are indications ofliquids dripping from the agitator seal,the owner or operator shall follow theprocedures specified in paragraphs(b)(3)(i) and (b)(3)(ii) of this section.

(i) The owner or operator shallmonitor the agitator seal as specified in§ 63.1004(b) to determine if there is aleak of regulated material. If aninstrument reading of 10,000 parts permillion or greater is measured, a leak isdetected, and it shall be repaired usingthe procedures in § 63.1005;

(ii) The owner or operator shalleliminate the indications of liquidsdripping from the pump seal.

(c) [Reserved](d) Leak repair. If a leak is detected,

then the leak shall be repaired using theprocedures in § 63.1005(a).

(e) Special provisions for agitators.—(1) Dual mechanical seal. Each agitatorequipped with a dual mechanical sealsystem that includes a barrier fluidsystem is exempt from the requirementsof paragraph (b) of this section,provided the requirements specified inparagraphs (e)(1)(i) through (e)(1)(vi) ofthis section are met.

(i) Each dual mechanical seal systemshall meet the applicable requirementspecified in paragraphs (e)(1)(i)(A),(e)(1)(i)(B), or (e)(1)(i)(C) of this section.

(A) Operated with the barrier fluid ata pressure that is at all times (exceptduring periods of startup, shutdown, ormalfunction) greater than the agitatorstuffing box pressure; or

(B) Equipped with a barrier fluiddegassing reservoir that is routed to aprocess or fuel gas system or connectedby a closed vent system to a controldevice that meets the requirements of§ 63.1015; or


(ii) The barrier fluid is not in lightliquid service.

(iii) Each barrier fluid system isequipped with a sensor that will detectfailure of the seal system, the barrierfluid system, or both.

(iv) Each agitator seal is checked byvisual inspection each calendar weekfor indications of liquids dripping fromthe agitator seal. If there are indicationsof liquids dripping from the agitator sealat the time of the weekly inspection, theowner or operator shall follow theprocedure specified in either paragraph(e)(1)(iv)(A) or (e)(1)(iv)(B) of thissection.

(A) The owner or operator shallmonitor the agitator seal shall asspecified in § 63.1004(b) to determinethe presence of regulated material in thebarrier fluid. If an instrument reading of10,000 parts per million or greater ismeasured, a leak is detected and it shallbe repaired using the procedures in§ 63.1005; or

(B) The owner or operator shalleliminate the visual indications ofliquids dripping.

(v) Each sensor as described inparagraph (e)(1)(iii) of this section isobserved daily or is equipped with analarm unless the agitator seal is locatedwithin the boundary of an unmannedplant site.

(vi) The owner or operator of eachdual mechanical seal system shall meetthe requirements specified inparagraphs (e)(1)(vi)(A) through(e)(1)(vi)(D).

(A) The owner or operator shalldetermine, based on designconsiderations and operatingexperience, criteria applicable to thepresence and frequency of drips and tothe sensor that indicates failure of theseal system, the barrier fluid system, orboth.

(B) The owner or operator shall keeprecords of the design criteria and anexplanation of the design criteria; andany changes to these criteria and thereasons for the changes.

(C) If indications of liquids drippingfrom the agitator seal exceed the criteriaestablished in paragraph (e)(1)(vi)(A)and (e)(1)(vi)(B) of this section, or if,based on the criteria established inparagraph (e)(1)(vi)(A) and (e)(1)(vi)(B)of this section, the sensor indicatesfailure of the seal system, the barrierfluid system, or both, a leak is detected.

(D) When a leak is detected, it shallbe repaired using the procedures in§ 63.1005.

(2) No external shaft. Any agitatorthat is designed with no externallyactuated shaft penetrating the agitatorhousing is exempt from therequirements of paragraphs (b) of thissection.

(3) Routed to a process or fuel gassystem or equipped with a closed ventsystem. Any agitator that is routed to aprocess or fuel gas system or equippedwith a closed vent system that captures

and transports leakage from the agitatorto a control device meeting therequirements of § 63.1015 is exemptfrom the monitoring requirements ofparagraphs (b) of this section.

(4) Unmanned plant site. Any agitatorthat is located within the boundary ofan unmanned plant site is exempt fromthe weekly visual inspectionrequirement of paragraphs (b)(3) and(e)(1)(iv) of this section, and the dailyrequirements of paragraph (e)(1)(v) ofthis section, provided that each agitatoris visually inspected as often aspractical and at least monthly.

(5) Difficult-to-monitor agitator seals.Any agitator seal that is designated, asdescribed in § 63.1003(c)(2), as adifficult-to-monitor agitator seal isexempt from the requirements ofparagraph (b) of this section and theowner or operator shall monitor theagitator seal according to the writtenplan specified in § 63.1003(c)(5).

(6) Equipment obstructions. Anyagitator seal that is obstructed byequipment or piping that preventsaccess to the agitator by a monitor probeis exempt from the monitoringrequirements of paragraph (b) of thissection.

(7) Unsafe-to-monitor agitator seals.Any agitator seal that is designated, asdescribed in § 63.1003(c)(1), as anunsafe-to-monitor agitator seal isexempt from the requirements ofparagraph (b) of this section and theowner or operator of the agitator sealmonitors the agitator seal according tothe written plan specified in§ 63.1003(c)(5).

§ 63.1010 Pumps, valves, connectors, andagitators in heavy liquid service; pressurerelief devices in liquid service; andinstrumentation systems standards.


(b) Leak detection—(1) Monitoringmethod. Pumps, valves, connectors, andagitators in heavy liquid service;pressure relief devices in light liquid orheavy liquid service; andinstrumentation systems shall bemonitored within 5 calendar days by themethod specified in § 63.1004(b) ifevidence of a potential leak to theatmosphere is found by visual, audible,olfactory, or any other detectionmethod. If such a potential leak isrepaired as required in paragraph (c) ofthis section, it is not necessary tomonitor the system for leaks by themethod specified in § 63.1004(b).

(2) Instrument reading that defines aleak. For systems monitored by the


method specified in § 63.1004(b), if aninstrument reading of 10,000 parts permillion or greater is measured, a leak isdetected. If a leak is detected, it shall berepaired pursuant to § 63.1005.

(c) Leak repair. For equipmentidentified in paragraph (b) of thissection that is not monitored by themethod specified in § 63.1004(b),repaired shall mean that the visual,audible, olfactory, or other indicationsof a leak to the atmosphere have beeneliminated; that no bubbles are observedat potential leak sites during a leakcheck using soap solution; or that thesystem will hold a test pressure.

§ 63.1011 Pressure relief devices in gasand vapor service standards.


(b) Compliance standard. Exceptduring pressure releases as provided forin paragraph (c) of this section, eachpressure relief device in gas or vaporservice shall be operated with aninstrument reading of less than 500parts per million as measured by themethod specified in § 63.1004(c).

(c) Pressure relief requirements. (1)After each pressure release, the pressurerelief device shall be returned to acondition indicated by an instrumentreading of less than 500 parts permillion, as soon as practical, but no laterthan 5 calendar days after each pressurerelease, except as provided in paragraph(d) of this section.

(2) The pressure relief device shall bemonitored no later than five calendardays after the pressure release and beingreturned to regulated material service toconfirm the condition indicated by aninstrument reading of less than 500parts per million, as measured by themethod specified in § 63.1004(c).

(3) The owner or operator shall recordthe dates and results of the monitoringrequired by paragraph (c)(2) of thissection following a pressure releaseincluding maximum instrument readingmeasured during the monitoring and thebackground level measured if theinstrument reading is adjusted forbackground.

(d) Pressure relief devices routed to aprocess or fuel gas system or equippedwith a closed vent system and controldevice. Any pressure relief device thatis routed to a process or fuel gas systemor equipped with a closed vent systemthat captures and transports leakagefrom the pressure relief device to acontrol device meeting the requirementsof either § 63.1015 or § 63.1002(b), is

exempt from the requirements ofparagraphs (b) and (c) of this section.

(e) Rupture disk exemption. Anypressure relief device that is equippedwith a rupture disk upstream of thepressure relief device is exempt fromthe requirements of paragraphs (b) and(c) of this section provided the owner oroperator installs a replacement rupturedisk upstream of the pressure reliefdevice as soon as practical after eachpressure release, but no later than 5calendar days after each pressurerelease, except as provided in§ 63.1005(d).

§ 63.1012 Compressor standards.(a) Compliance schedule. The owner

or operator shall comply with thissection no later than the compliancedates specified in the referencingsubpart.

(b) Seal system standard. Eachcompressor shall be equipped with aseal system that includes a barrier fluidsystem and that prevents leakage ofprocess fluid to the atmosphere, exceptas provided in § 63.1002(b) andparagraphs (e) and (f) of this section.Each compressor seal system shall meetthe requirements specified inparagraphs (b)(1), (b)(2), or (b)(3) of thissection.

(1) Operated with the barrier fluid ata pressure that is greater than thecompressor stuffing box pressure at alltimes (except during periods of startup,shutdown, or malfunction); or

(2) Equipped with a barrier fluidsystem degassing reservoir that is routedto a process or fuel gas system orconnected by a closed-vent system to acontrol device that meets therequirements of § 63.1015; or

(3) Equipped with a closed-loopsystem that purges the barrier fluiddirectly into a process stream.

(c) Barrier fluid system. The barrierfluid shall not be in light liquid service.Each barrier fluid system shall beequipped with a sensor that will detectfailure of the seal system, barrier fluidsystem, or both. Each sensor shall beobserved daily or shall be equippedwith an alarm unless the compressor islocated within the boundary of anunmanned plant site.

(d) Failure criterion and leakdetection. (1) The owner or operatorshall determine, based on designconsiderations and operatingexperience, a criterion that indicatesfailure of the seal system, the barrierfluid system, or both. If the sensorindicates failure of the seal system, thebarrier fluid system, or both based onthe criterion, a leak is detected and shallbe repaired pursuant to § 63.1005, asapplicable.

(2) The owner or operator shall keeprecords of the design criteria and anexplanation of the design criteria; andany changes to these criteria and thereasons for the changes.

(e) Routed to a process or fuel gassystem or equipped with a closed ventsystem and control device. Acompressor is exempt from therequirements of paragraphs (b) through(d) of this section if it is equipped witha system to capture and transportleakage from the compressor drive shaftseal to a process or a fuel gas system orto a closed vent system that capturesand transports leakage from thecompressor to a control device meetingthe requirements of § 63.1015.

(f) Alternative compressor standard.(1) Any compressor that is designated asdescribed in § 63.1003(e) as operatingwith no detectable emissions shalloperate at all times with an instrumentreading of less than 500 parts permillion. A compressor so designated isexempt from the requirements ofparagraphs (b) through (d) of thissection if the compressor isdemonstrated initially upondesignation, annually, and at othertimes requested by the Administrator tobe operating with an instrument readingof less than 500 parts per million asmeasured by the method specified in§ 63.1004(c). A compressor may not bedesignated or operated having aninstrument reading of less than 500parts per million as described in§ 63.1003(e) if the compressor has amaximum instrument reading greaterthan 500 parts per million.

(2) The owner or operator shall recordthe dates and results of each compliancetest including the background levelmeasured and the maximum instrumentreading measured during eachcompliance test.

(g) Reciprocating compressorexemption. Any existing reciprocatingcompressor in a process unit or affectedfacility that becomes an affected facilityunder provisions of 40 CFR 60.14 or60.15 of subpart VV is exempt fromparagraphs (b), (c), and (d) of thissection provided the owner or operatordemonstrates that recasting the distancepiece or replacing the compressor arethe only options available to bring thecompressor into compliance with theprovisions of the above exemptedparagraphs of this section.

§ 63.1013 Sampling connection systemsstandards.



(b) Equipment requirement. Eachsampling connection system shall beequipped with a closed purge, closedloop, or closed vent system, except asprovided in paragraph (d) of thissection. Gases displaced during fillingof the sample container are not requiredto be collected or captured.

(c) Equipment design and operation.Each closed-purge, closed-loop, orclosed vent system except as providedin paragraph (d) of this section shallmeet the applicable requirementsspecified in paragraphs (c)(1) through(c)(5) of this section.

(1) The system shall return the purgedprocess fluid directly to a process lineor fuel gas system; or

(2) Collect and recycle the purgedprocess fluid to a process; or

(3) Be designed and operated tocapture and transport all the purgedprocess fluid to a control device thatmeets the requirements of § 63.1015; or

(4) Collect, store, and transport thepurged process fluid to a system orfacility identified in paragraph (c)(4)(i),(c)(4)(ii), or (c)(4)(iii) of this section.

(i) A waste management unit asdefined in 40 CFR 63.111 or 40 CFR part63, subpart G, if the waste managementunit is complying with the provisions of40 CFR part 63, subpart G, applicable togroup 1 wastewater streams. If thepurged process fluid does not containany organic HAP listed in table 9 of 40CFR part 63, subpart G, the wastemanagement unit need not be subject to,and operated in compliance with therequirements of 40 CFR part 63, subpartG, applicable to subject wastewatersteams provided the facility has anNational Pollution DischargeElimination System (NPDES) permit orsends the wastewater to an NPDES-permitted facility.

(ii) A treatment, storage, or disposalfacility subject to regulation under 40CFR parts 262, 264, 265, or 266; or

(iii) A facility permitted, licensed, orregistered by a State to managemunicipal or industrial solid waste, ifthe process fluids are not hazardouswaste as defined in 40 CFR part 261.

(5) Containers that are part of aclosed-purge system must be covered orclosed when not being filled or emptied.

(d) In-situ sampling systems. In-situsampling systems and sampling systemswithout purges are exempt from therequirements of paragraphs (b) and (c) ofthis section.

§ 63.1014 Open-ended valves or linesstandards.



(b) Equipment and operationalrequirements. (1) Each open-endedvalve or line shall be equipped with acap, blind flange, plug, or a secondvalve, except as provided in§ 63.1002(b) and paragraphs (c) and (d)of this section. The cap, blind flange,plug, or second valve shall seal the openend at all times except duringoperations requiring process fluid flowthrough the open-ended valve or line, orduring maintenance. The operationalprovisions of paragraphs (b)(2) and(b)(3) of this section also apply.

(2) Each open-ended valve or lineequipped with a second valve shall beoperated in a manner such that thevalve on the process fluid end is closedbefore the second valve is closed.

(3) When a double block and bleedsystem is being used, the bleed valve orline may remain open during operationsthat require venting the line between theblock valves but shall comply withparagraph (b)(1) of this section at allother times.

(c) Emergency shutdown exemption.Open-ended valves or lines in anemergency shutdown system that aredesigned to open automatically in theevent of a process upset are exemptfrom the requirements of paragraph (b)of this section.

(d) Polymerizing materials exemption.Open-ended valves or lines containingmaterials that would autocatalyticallypolymerize or, would present anexplosion, serious over pressure, orother safety hazard if capped orequipped with a double block and bleedsystem as specified in paragraph (b) ofthis section are exempt from therequirements of paragraph (b) of thissection.

§ 63.1015 Closed vent systems and controldevices; or emissions routed to a fuel gassystem or process.


(b) Compliance standard. (1) Ownersor operators of closed vent systems andnonflare control devices used to complywith provisions of this subpart shalldesign and operate the closed ventsystem and nonflare control devices toreduce emissions of regulated materialwith an efficiency of 95 percent orgreater or to reduce emissions ofregulated material to a concentration of20 parts per million by volume or, foran enclosed combustion device, toprovide a minimum of 760 °C (1400 °F).Owners and operators of closed vent

systems and nonflare control devicesused to comply with this subpart shallcomply with the provisions of subpartSS of this part, except as provided in§ 63.1002(b).

(2) Owners or operators of closed ventsystems and flares used to comply withthe provisions of this subpart shalldesign and operate the flare as specifiedin subpart SS of this part, except asprovided in § 63.1002(b).

(3) Owners or operators routingemissions from equipment leaks to afuel gas system or process shall complywith the provisions of subpart SS of thispart, except as provided in § 63.1002(b).

§ 63.1016 Alternative means of emissionlimitation: Enclosed-vented process units.

(a) Use of closed vent system andcontrol device. Process units or affectedfacilities enclosed in such a manner thatall emissions from equipment leaks arevented through a closed vent system toa control device meeting therequirements of either subpart SS of thispart or § 63.1002(b) are exempt from therequirements of §§ 63.1006 through63.1015. The enclosure shall bemaintained under a negative pressure atall times while the process unit oraffected facility is in operation to ensurethat all emissions are routed to a controldevice.

(b) Recordkeeping. Owners andoperators choosing to comply with therequirements of this section shallmaintain the records specified inparagraphs (b)(1) through (b)(3) of thissection.

(1) Identification of the process unit(s)or affected facilities and the regulated-materials they handle.

(2) A schematic of the process unit oraffected facility, enclosure, and closedvent system.

(3) A description of the system usedto create a negative pressure in theenclosure to ensure that all emissionsare routed to the control device.

§ 63.1017 Recordkeeping requirements.(a) Recordkeeping system. An owner

or operator of more than one regulatedsource subject to the provisions of thissubpart may comply with therecordkeeping requirements for theseregulated sources in one recordkeepingsystem. The recordkeeping system shallidentify each record by regulated sourceand the type of program beingimplemented (e.g., quarterlymonitoring) for each type of equipment.The records required by this subpart aresummarized in paragraphs (b) and (c) ofthis section.

(b) General equipment leak records.(1) As specified in § 63.1003(a) through(c), the owner or operator shall keep


general and specific equipmentidentification if the equipment is notphysically tagged and the owner oroperator is electing to identify theequipment subject to this subpartthrough written documentation such asa log or other designation.

(2) The owner or operator shall keepa written plan as specified in§ 63.1003(c)(5) for any equipment that isdesignated as unsafe or difficult-to-monitor.

(3) The owner or operator shallmaintain the identity and anexplanation as specified in§ 63.1003(d)(1) for any equipment that isdesignated as unsafe-to-repair.

(4) As specified in § 63.1003(e), theowner or operator shall maintain theidentity of compressors operating withan instrument reading of less than 500parts per million.

(5) The owner or operator shall keeprecords for leaking equipment asspecified in § 63.1004(e).

(6) The owner or operator shall keeprecords for leak repair as specified in§ 63.1005(e) and records for delay ofrepair as specified in § 63.1005(c).

(c) Specific equipment leak records.(1) For valves, the owner or operatorshall maintain the records specified inparagraphs (c)(1)(i) and (c)(1)(ii) of thissection.

(i) The monitoring schedule for eachprocess unit as specified in § 63.1006(b).

(ii) If net credits for removed valvesare used, a record of valves added to orremoved from the process unit asspecified in § 63.1006(b)(6)(iv).

(2) For pumps, the owner or operatorshall maintain the records specified inparagraphs (c)(2)(i) through (c)(2)(iii) ofthis section.

(i) Documentation of pump visualinspections as specified in§ 63.1007(b)(4).

(ii) Documentation of dualmechanical seal pump visualinspections as specified in§ 63.1007(e)(1)(v).

(iii) For the criteria as to the presenceand frequency of drips for dualmechanical seal pumps, records of thedesign criteria and explanations and anychanges and the reason for the changes,as specified in § 63.1007(e)(1)(i).

(3) For connectors, the owner oroperator shall maintain monitoringschedule for each process unit asspecified in § 63.1008(b).

(4) For the criteria as to the presenceand frequency of drips for agitators, theowner or operator shall keep records ofthe design criteria and explanations andany changes and the reason for thechanges, as specified in§ 63.1009(e)(1)(vi)(A).

(5) For pressure relief devices in gasand vapor or light liquid service, theowner or operator shall keep records ofthe dates and results of monitoringfollowing a pressure release, asspecified in § 63.1011(c)(3).

(6) For compressors, the owner oroperator shall maintain the recordsspecified in paragraphs (c)(6)(i) and(c)(6)(ii) of this section.

(i) For criteria as to failure of the sealsystem and/or the barrier fluid system,record the design criteria andexplanations and any changes and thereason for the changes, as specified in§ 63.1012(d)(2).

(ii) For compressors operating underthe alternative compressor standard,record the dates and results of eachcompliance test as specified in§ 63.1012(f)(2).

(7) For process units complying withthe enclosed-vented process unitalternative, the owner or operator shallmaintain the records for enclosed-vented process units as specified in§ 63.1016(b).

§ 63.1018 Reporting requirements.(a) Periodic reports. The owner or

operator shall report the informationspecified in paragraphs (b)(1) through(b)(9) of this section, as applicable, inthe periodic report specified in thereferencing subpart.

(1) The initial Periodic Report shallinclude the information specified inparagraphs (a)(1)(i) through (a)(1)(iv) ofthis section in addition to theinformation listed in paragraph (a)(2) ofthis section.

(i) Process unit or affected facilityidentification.

(ii) Number of valves subject to therequirements of § 63.1006, excludingthose valves designated for nodetectable emissions under theprovisions of § 63.1006(e)(4).

(iii) Number of pumps subject to therequirements of § 63.1007, excludingthose pumps designated for nodetectable emissions (e.g., no externalshaft) under the provisions of§ 63.1007(e)(2) and those pumpscomplying with the closed vent systemprovisions of § 63.1007(e)(3).

(iv) Number of compressors subject tothe requirements of § 63.1012, excludingthose compressors designated for nodetectable emissions under theprovisions of § 63.1012(f) and thosecompressors complying with the closedvent system provisions of § 63.1012(e).

(2) Each periodic report shall containthe information listed in paragraphs(a)(2)(i) through (a)(2)(iv) of this section,as applicable.

(i) Process unit identification.(ii) For each month during the

semiannual reporting period,

(A) Number of valves for which leakswere detected as described in§ 63.1006(b),

(B) Number of valves for which leakswere not repaired as required in§ 63.1006(d),

(C) Number of pumps for which leakswere detected as described in§ 63.1007(b) and § 63.1007(e)(1)(vi),

(D) Number of pumps for which leakswere not repaired as required in§§ 63.1007(d) and (e)(5),

(E) Number of compressors for whichleaks were detected as described in§ 63.1012(d)(1),

(F) Number of compressors for whichleaks were not repaired as required in§ 63.1012(d)(1), and

(G) The facts that explain each delayof repair and, where appropriate, whythe repair was technically infeasiblewithout a process unit or affectedfacility shutdown.

(iii) Dates of process unit or affectedfacility shutdowns which occurredwithin the periodic report reportingperiod.

(iv) Revisions to items reportedaccording to paragraph (a)(1) of thissection if changes have occurred sincethe initial report or subsequent revisionsto the initial report.

(b) Special notifications. An owner oroperator electing to comply with eitherof the alternatives in § 63.1006(b)(5) or(6) shall notify the Administrator of thealternative standard selected beforeimplementing either of the provisions.

4. Part 63 is amended by addingsubpart UU as follows:

Subpart UU—National Emission Standardsfor Equipment Leaks—Control Level 2Standards

Sec.63.1019 Applicability.63.1020 Definitions.63.1021 Alternative means of emission

limitation.63.1022 Equipment identification.63.1023 Instrument and sensory monitoring

for leaks.63.1024 Leak repair.63.1025 Valves in gas and vapor service and

in light liquid service standards.63.1026 Pumps in light liquid service

standards.63.1027 Connectors in gas and vapor

service and in light liquid servicestandards.

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

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

63.1030 Pressure relief devices in gas andvapor service standards.

63.1031 Compressors standards.63.1032 Sampling connection systems

standards.


63.1033 Open-ended valves or linesstandards.

63.1034 Closed vent systems and controldevices; or emissions routed to a fuel gassystem or process standards.

63.1035 Quality improvement program forpumps.

63.1036 Alternative means of emissionlimitation: Batch processes.

63.1037 Alternative means of emissionlimitation: Enclosed vented process unitsor affected facilities.

63.1038 Recordkeeping requirements.63.1039 Reporting requirements.


(a) The provisions of this subpartapply to the control of air emissionsfrom equipment leaks for which anothersubpart references the use of thissubpart for such air emission control.These air emission standards forequipment leaks are placed here foradministrative convenience and onlyapply to those owners and operators offacilities subject to a referencingsubpart. The provisions of 40 CFR part63, subpart A (General Provisions) donot apply to this subpart except as notedin the referencing subpart.

(b) Equipment subject to this subpart.The provisions of this subpart and thereferencing subpart apply to equipmentthat contains or contacts regulatedmaterial. This subpart applies to pumps,compressors, agitators, pressure reliefdevices, sampling connection systems,open-ended valves or lines, valves,connectors, surge control vessels,bottoms receivers, instrumentationsystems, and closed vent systems andcontrol devices used to meet therequirements of this subpart.

(c) Equipment in vacuum service.Equipment in vacuum service isexcluded from the requirements of thissubpart.

(d) Equipment in service less than 300hours per calendar year. Equipmentintended to be in regulated materialservice less than 300 hours per calendaryear is excluded from the requirementsof §§ 63.1025 through 63.1034 and§ 63.1036 if it is identified as requiredin § 63.1022(b)(5).

(e) Lines and equipment notcontaining process fluids. Lines andequipment not containing process fluidsare not subject to the provisions of thissubpart. Utilities, and other non-processlines, such as heating and coolingsystems that do not combine theirmaterials with those in the processesthey serve, are not considered to be partof a process unit or affected facility.

§ 63.1020 Definitions.

All terms used in this part shall havethe meaning given them in the Act andin this section.

Batch process means a process inwhich the equipment is fedintermittently or discontinuously.Processing then occurs in thisequipment after which the equipment isgenerally emptied. Examples ofindustries that use batch processesinclude pharmaceutical production andpesticide production.

Batch product-process equipmenttrain means the collection of equipment(e.g., connectors, reactors, valves,pumps, etc.) configured to produce aspecific product or intermediate by abatch process.

Bottoms receiver means a tank thatcollects distillation bottoms before thestream is sent for storage or for furtherdownstream processing.

Car-seal means a seal that is placed ona device that is used to change theposition of a valve (e.g., from opened toclosed) in such a way that the positionof the valve cannot be changed withoutbreaking the seal.

Connector means flanged, screwed, orother joined fittings used to connect twopipelines or a pipeline and a piece ofequipment. A common connector is aflange. Joined fittings weldedcompletely around the circumference ofthe interface are not consideredconnectors for the purpose of thisregulation. For the purpose of reportingand recordkeeping, connector meansjoined fittings that are not inaccessible,ceramic, or ceramic-lined (e.g.,porcelain, glass, or glass-lined) asdescribed in § 63.1027(e)(2).

Continuous parameter monitoringsystem (CPMS) means the totalequipment that may be required to meetthe data acquisition and availabilityrequirements of this part, used tosample, condition (if applicable),analyze, and provide a record of processor control system parameters.

Distance piece means an open orenclosed casing through which thepiston rod travels, separating thecompressor cylinder from the crankcase.

Double block and bleed system meanstwo block valves connected in serieswith a bleed valve or line that can ventthe line between the two block valves.

Equipment means each pump,compressor, agitator, pressure reliefdevice, sampling connection system,open-ended valve or line, valve,connector, surge control vessel, bottomsreceiver, and instrumentation system inregulated material service; and anycontrol devices or systems used tocomply with this subpart.

First attempt at repair, for thepurposes of this subpart, means to takeaction for the purpose of stopping orreducing leakage of organic material tothe atmosphere, followed by monitoring

as specified in § 63.1023(b) to verifywhether the leak is repaired, unless theowner or operator determines by othermeans that the leak is not repaired.

In food and medical service meansthat a piece of equipment in regulatedmaterial service contacts a processstream used to manufacture a Food andDrug Administration regulated productwhere leakage of a barrier fluid into theprocess stream would cause any of thefollowing:

(1) A dilution of product quality sothat the product would not meet writtenspecifications,

(2) An exothermic reaction which is asafety hazard,

(3) The intended reaction to beslowed down or stopped, or

(4) An undesired side reaction tooccur.

In gas and vapor service means thata piece of equipment in regulatedmaterial service contains a gas or vaporat operating conditions.

In heavy liquid service means that apiece of equipment in regulated materialservice is not in gas and vapor serviceor in light liquid service.

In light liquid service means that apiece of equipment in regulated materialservice contains a liquid that meets thefollowing conditions:

(1) The vapor pressure of one or moreof the organic compounds is greaterthan 0.3 kilopascals at 20°C,

(2) The total concentration of the pureorganic compounds constituents havinga vapor pressure greater than 0.3kilopascals at 20°C is equal to or greaterthan 20 percent by weight of the totalprocess stream, and

(3) The fluid is a liquid at operatingconditions.(Note: Vapor pressures may be determined bystandard reference texts or ASTM D–2879.)

In liquid service means that a piece ofequipment in regulated material serviceis not in gas and vapor service.

In regulated material service means,for the purposes of this subpart,equipment which meets the definitionof ‘‘in VOC service,’’ ‘‘in VHAPservice,’’ ‘‘in organic hazardous airpollutant service,’’ or ‘‘in’’ otherchemicals or groups of chemicals‘‘service’’ as defined in the referencingsubpart.

In-situ sampling systems meansnonextractive samplers or in-linesamplers.

In vacuum service means thatequipment is operating at an internalpressure which is at least 5 kilopascalsbelow ambient pressure.

Instrumentation system means agroup of equipment components used to


condition and convey a sample of theprocess fluid to analyzers andinstruments for the purpose ofdetermining process operatingconditions (e.g., composition, pressure,flow, etc.). Valves and connectors arethe predominant type of equipmentused in instrumentation systems;however, other types of equipment mayalso be included in these systems. Onlyvalves nominally 1.27 centimeters (0.5inches) and smaller, and connectorsnominally 1.91 centimeters (0.75inches) and smaller in diameter areconsidered instrumentation systems forthe purposes of this subpart. Valvesgreater than nominally 1.27 centimeters(0.5 inches) and connectors greater thannominally 1.91 centimeters (0.75inches) associated with instrumentationsystems are not considered part ofinstrumentation systems and must bemonitored individually.

Liquids dripping means any visibleleakage from the seal includingdripping, spraying, misting, clouding,and ice formation. Indications of liquidsdripping include puddling or new stainsthat are indicative of an existingevaporated drip.

Nonrepairable means that it istechnically infeasible to repair a piece ofequipment from which a leak has beendetected without a process unit oraffected facility shutdown.

Open-ended valve or line means anyvalve, except relief valves, having oneside of the valve seat in contact withprocess fluid and one side open toatmosphere, either directly or throughopen piping.

Organic monitoring device means aunit of equipment used to indicate theconcentration level of organiccompounds based on a detectionprinciple such as infra-red,photoionization, or thermalconductivity.

Pressure relief device or valve meansa safety device used to preventoperating pressures from exceeding themaximum allowable working pressureof the process equipment. A commonpressure relief device is a spring-loadedpressure relief valve. Devices that areactuated either by a pressure of less thanor equal to 2.5 pounds per square inchgauge or by a vacuum are not pressurerelief devices.

Pressure release means the emissionof materials resulting from the systempressure being greater than the setpressure of the relief device. Thisrelease can be one release or a series ofreleases over a short time period due toa malfunction in the process.

Referencing subpart means thesubpart that refers an owner or operatorto this subpart.

Regulated material, for purposes ofthis part, refers to gas from volatileorganic liquids (VOL), volatile organiccompounds (VOC), hazardous airpollutants (HAP), or other chemicals orgroups of chemicals that are regulatedby the referencing subpart.

Regulated source for the purposes ofthis part, means the stationary source,the group of stationary sources, or theportion of a stationary source that isregulated by a referencing subpart.

Relief device or valve means a valveused only to release an unplanned,nonroutine discharge. A relief valvedischarge can result from an operatorerror, a malfunction such as a powerfailure or equipment failure, or otherunexpected cause that requiresimmediate venting of gas from processequipment in order to avoid safetyhazards or equipment damage.

Repaired, for the purposes of thissubpart, means that equipment (1) isadjusted, or otherwise altered, toeliminate a leak as defined in theapplicable sections of this subpart, and(2) unless otherwise specified inapplicable provisions of this subpart, ismonitored as specified in § 63.1023(b) toverify that emissions from theequipment are below the applicable leakdefinition.

Sampling connection system meansan assembly of equipment within aprocess unit or affected facility usedduring periods of representativeoperation to take samples of the processfluid. Equipment used to takenonroutine grab samples is notconsidered a sampling connectionsystem.

Screwed (threaded) connector meansa threaded pipe fitting where thethreads are cut on the pipe wall and thefitting requires only two pieces to makethe connection (i.e., the pipe and thefitting).

Set pressure means for the purposesof subparts F and G of this part, thepressure at which a properly operatingpressure relief device begins to open torelieve atypical process systemoperating pressure.

§ 63.1021 Alternative means of emissionlimitation.

(a) Performance standard exemption.The provisions of paragraph (b) of thissection do not apply to the performancestandards of § 63.1030(b) for pressurerelief devices or § 63.1031(f) forcompressors operating under thealternative compressor standard.

(b) Requests by owners or operators.An owner or operator may request adetermination of alternative means ofemission limitation to the requirementsof §§ 63.1025 through 63.1034 as

provided in paragraph (d) of thissection. If the Administrator makes adetermination that a means of emissionlimitation is a permissible alternative,the owner or operator shall eithercomply with the alternative or complywith the requirements of §§ 63.1025through 63.1034.

(c) Requests by manufacturers ofequipment. (1) Manufacturers ofequipment used to control equipmentleaks of the regulated material mayapply to the Administrator forpermission for an alternative means ofemission limitation that achieves areduction in emissions of the regulatedmaterial achieved by the equipment,design, and operational requirements ofthis subpart.

(2) The Administrator will grantpermission according to the provisionsof paragraphs (d) of this section.

(d) Permission to use an alternativemeans of emission limitation.Permission to use an alternative meansof emission limitation shall be governedby the procedures in paragraphs (d)(1)through (d)(4) of this section.

(1) Where the standard is anequipment, design, or operationalrequirements, the requirements ofparagraphs (d)(1)(i) through (d)(1)(iii) ofthis section apply.

(i) Each owner or operator applyingfor permission to use an alternativemeans of emission limitation shall beresponsible for collecting and verifyingemission performance test data for analternative means of emissionlimitation.

(ii) The Administrator will comparetest data for the means of emissionlimitation to test data for the equipment,design, and operational requirements.

(iii) The Administrator may conditionthe permission on requirements thatmay be necessary to ensure operationand maintenance to achieve at least thesame emission reduction as theequipment, design, and operationalrequirements of this subpart.

(2) Where the standard is a workpractice, the requirements of paragraphs(d)(2)(i) through (d)(2)(vi) of this sectionapply.

(i) Each owner or operator applyingfor permission to use an alternativemeans of emission limitation shall beresponsible for collecting and verifyingtest data for the alternative.

(ii) For each kind of equipment forwhich permission is requested, theemission reduction achieved by therequired work practices shall bedemonstrated for a minimum period of12 months.

(iii) For each kind of equipment forwhich permission is requested, theemission reduction achieved by the


alternative means of emission limitationshall be demonstrated.

(iv) Each owner or operator applyingfor such permission shall commit, inwriting, for each kind of equipment towork practices that provide for emissionreductions equal to or greater than theemission reductions achieved by therequired work practices.

(v) The Administrator will comparethe demonstrated emission reduction forthe alternative means of emissionlimitation to the demonstrated emissionreduction for the required workpractices and will consider thecommitment in paragraph (d)(2)(iv) ofthis section.

(vi) The Administrator may conditionthe permission on requirements thatmay be necessary to ensure operationand maintenance to achieve the same orgreater emission reduction as therequired work practices of this subpart.

(3) An owner or operator may offer aunique approach to demonstrate thealternative means of emissionlimitation.

(4) If, in the judgement of theAdministrator, an alternative means ofemission limitation will be approved,the Administrator will publish a noticeof the determination in the FederalRegister using the procedures specifiedin the referencing subpart.

§ 63.1022 Equipment identification.(a) General equipment identification.

Equipment subject to this subpart shallbe identified. Identification of theequipment does not require physicaltagging of the equipment. For example,the equipment may be identified on aplant site plan, in log entries, bydesignation of process unit or affectedfacility boundaries by some form ofweatherproof identification, or by otherappropriate methods.

(b) Additional equipmentidentification. In addition to the generalidentification required by paragraph (a)of this section, equipment subject to anyof the provisions in §§ 63.1023 through63.1034 shall be specifically identifiedas required in paragraphs (b)(1) through(b)(5) of this section, as applicable. Thisparagraph does not apply to an owneror operator of a batch product processwho elects to pressure test the batchproduct process equipment trainpursuant to § 63.1036.

(1) Connectors. Except forinaccessible, ceramic, or ceramic-linedconnectors meeting the provision of§ 63.1027(e)(2) and instrumentationsystems identified pursuant toparagraph (b)(4) of this section, identifythe connectors subject to therequirements of this subpart. Connectorsneed not be individually identified if all

connectors in a designated area orlength of pipe subject to the provisionsof this subpart are identified as a group,and the number of connectors subject isindicated. With respect to connectors,the identification shall be complete nolater than the completion of the initialsurvey required by § 63.1027(a)(1) orparagraph (a) of this section.

(2) Routed to a process or fuel gassystem or equipped with a closed ventsystem and control device. Identify theequipment that the owner or operatorelects to route to a process or fuel gassystem or equip with a closed ventsystem and control device, under theprovisions of § 63.1026(e)(3) (pumps inlight liquid service), § 63.1028(f)(3)(agitators), § 63.1030(d) (pressure reliefdevices in gas and vapor service),§ 63.1031(e) (compressors), or§ 63.1037(a) (alternative means ofemission limitation for enclosed-ventedprocess units).

(3) Pressure relief devices. Identify thepressure relief devices equipped withrupture disks, under the provisions of§ 63.1030(e).

(4) Instrumentation systems. Identifyinstrumentation systems subject to theprovisions of this subpart. Individualcomponents in an instrumentationsystem need not be identified.

(5) Equipment in service less than 300hours per calendar year. The identity,either by list, location (area or group), orother method, of equipment in regulatedmaterial service less than 300 hours percalendar year within a process unit oraffected facilities subject to theprovisions of this subpart shall berecorded.

(c) Special equipment designations:Equipment that is unsafe or difficult-to-monitor.

(1) Designation and criteria forunsafe-to-monitor. Valves meeting theprovisions of § 63.1025(e)(1), pumpsmeeting the provisions of§ 63.1026(e)(6), connectors meeting theprovisions of § 63.1027(e)(1), andagitators meeting the provisions of§ 63.1028(f)(7) may be designatedunsafe-to-monitor if the owner oroperator determines that monitoringpersonnel would be exposed to animmediate danger as a consequence ofcomplying with the monitoringrequirements of this subpart. Examplesof an unsafe-to-monitor equipmentinclude, but is not limited to, equipmentunder extreme pressure or heat.

(2) Designation and criteria fordifficult-to-monitor. Valves meeting theprovisions of § 63.1025(e)(2) may bedesignated difficult-to-monitor if theprovisions of paragraph (c)(2)(i) apply.Agitators meeting the provisions of§ 63.1028(e)(5) may be designated

difficult-to-monitor if the provisions ofparagraph (c)(2)(ii) apply.

(i) Valves. (A) The owner or operatorof the valve determines that the valvecannot be monitored without elevatingthe monitoring personnel more than 2meters (7 feet) above a support surfaceor it is not accessible in a safe mannerwhen it is in regulated material service;and

(B) The process unit or affectedfacility within which the valve islocated is an existing source, or a newsource for which the owner or operatordesignates less than 3 percent of thetotal number of valves as difficult-to-monitor.

(ii) Agitators. The owner or operatordetermines that the agitator cannot bemonitored without elevating themonitoring personnel more than 2meters (7 feet) above a support surfaceor it is not accessible in a safe mannerwhen it is in regulated material service.

(3) Identification of unsafe ordifficult-to-monitor equipment. Theowner or operator shall record theidentity of equipment designated asunsafe-to-monitor or difficult-to-monitoraccording to the provisions ofparagraphs (c)(1) or (c)(2) of this section,the planned schedule for monitoringthis equipment; and an explanation whythe equipment is unsafe or difficult-to-monitor, if applicable. This record mustbe kept at the plant and be available forreview by an inspector.

(4) Written plan requirements. (i) Theowner or operator of equipmentdesignated as unsafe-to-monitoraccording to the provisions of paragraph(c)(1) of this section shall have a writtenplan that requires monitoring of theequipment as frequently as practicalduring safe-to-monitor times, but notmore frequently than the periodicmonitoring schedule otherwiseapplicable, and repair of the equipmentaccording to the procedures in § 63.1024if a leak is detected.

(ii) The owner or operator ofequipment designated as difficult-to-monitor according to the provisions ofparagraph (c)(2) of this section shallhave a written plan that requiresmonitoring of the equipment at leastonce per calendar year.

(d) Special equipment designations:Equipment that is unsafe-to-repair.

(1) Designation and criteria.Connectors subject to the provisions of§ 63.1024(e) may be designated unsafe-to-repair if the owner or operatordetermines that repair personnel wouldbe exposed to an immediate danger asa consequence of complying with therepair requirements of this subpart, andif the connector will be repaired beforethe end of the next process unit or


affected facility shutdown as specifiedin § 63.1024(e)(2).

(2) Identification of equipment. Theidentity of connectors designated asunsafe-to-repair and an explanation whythe connector is unsafe-to-repair shallbe recorded.

(e) Special equipment designations:Compressors operating with aninstrument reading of less than 500parts per million above background.Identify the compressors that the owneror operator elects to designate asoperating with an instrument reading ofless than 500 parts per million abovebackground, under the provisions of§ 63.1031(f).

(f) Special equipment designations:Equipment in heavy liquid service. Theowner or operator of equipment inheavy liquid service shall comply withthe requirements of either paragraph(f)(1) or (f)(2) of this section, as providedin paragraph (f)(3) of this section.

(1) Retain information, data, andanalyses used to determine that a pieceof equipment is in heavy liquid service.

(2) When requested by theAdministrator, demonstrate that thepiece of equipment or process is inheavy liquid service.

(3) A determination or demonstrationthat a piece of equipment or process isin heavy liquid service shall include ananalysis or demonstration that theprocess fluids do not meet the definitionof ‘‘in light liquid service.’’ Examples ofinformation that could document thisinclude, but are not limited to, recordsof chemicals purchased for the process,analyses of process stream composition,engineering calculations, or processknowledge.

§ 63.1023 Instrument and sensorymonitoring for leaks.

(a) Monitoring for leaks. The owner oroperator of a regulated source subject tothis subpart shall monitor regulatedequipment as specified in paragraph(a)(1) of this section for instrumentmonitoring and paragraph (a)(2) of thissection for sensory monitoring.

(1) Instrument monitoring for leaks. (i)Valves in gas and vapor service and inlight liquid service shall be monitoredpursuant to § 63.1025(b).

(ii) Pumps in light liquid service shallbe monitored pursuant to § 63.1026(b).

(iii) Connectors in gas and vaporservice and in light liquid service shallbe monitored pursuant to § 63.1027(b).

(iv) Agitators in gas and vapor serviceand in light liquid service shall bemonitored pursuant to § 63.1028(c).

(v) Pressure relief devices in gas andvapor service shall be monitoredpursuant to § 63.1030(c).

(vi) Compressors designated tooperate with an instrument reading less

than 500 parts per million abovebackground, as described in§ 63.1022(e), shall be monitoredpursuant to § 63.1031(f).

(2) Sensory monitoring for leaks. (i)Pumps in light liquid service shall beobserved pursuant to §§ 63.1026(b)(4)and (e)(1).

(ii) Inaccessible, ceramic, or ceramic-lined connectors in gas and vaporservice and in light liquid service shallbe observed pursuant to § 63.1027(e)(2).

(iii) Agitators in gas and vapor serviceand in light liquid service shall bemonitored pursuant to § 63.1028(b)(3) or(e)(1)(i).

(iv) Pumps, valves, agitators, andconnectors in heavy liquid service;instrumentation systems; and pressurerelief devices in liquid service shall beobserved pursuant to § 63.1029(b)(1).

(b) Instrument monitoring methods.Instrument monitoring, as requiredunder this subpart, shall comply withthe requirements specified inparagraphs (b)(1) through (b)(6) of thissection.

(1) Monitoring method. Monitoringshall comply with Method 21 of 40 CFRpart 60, appendix A, except asotherwise provided in this section.

(2) Detection instrument performancecriteria. (i) Except as provided for inparagraph (b)(2)(ii) of this section, thedetection instrument shall meet theperformance criteria of Method 21 of 40CFR part 60, appendix A, except theinstrument response factor criteria insection 3.1.2, paragraph (a) of Method21 shall be for the representativecomposition of the process fluid noteach individual VOC in the stream. Forprocess streams that contain nitrogen,air, or other inerts that are not HAP orVOC, the representative stream responsefactor shall be determined on an inert-free basis. The response factor may bedetermined at any concentration forwhich monitoring for leaks will beconducted.

(ii) If there is no instrumentcommercially available that will meetthe performance criteria specified inparagraph (b)(2)(i) of this section, theinstrument readings may be adjusted bymultiplying by the representativeresponse factor of the process fluid,calculated on an inert-free basis asdescribed in paragraph (b)(2)(i) of thissection.

(3) Detection instrument calibrationprocedure. The detection instrumentshall be calibrated before use on eachday of its use by the proceduresspecified in Method 21 of 40 CFR part60, appendix A.

(4) Detection instrument calibrationgas. Calibration gases shall be zero air(less than 10 parts per million of

hydrocarbon in air); and the gasesspecified in paragraph (b)(4)(i) of thissection except as provided in paragraph(b)(4)(ii) of this section.

(i) Mixtures of methane in air at aconcentration no more than 2,000 partsper million greater than the leakdefinition concentration of theequipment monitored. If the monitoringinstrument’s design allows for multiplecalibration scales, then the lower scaleshall be calibrated with a calibration gasthat is no higher than 2,000 parts permillion above the concentrationspecified as a leak, and the highest scaleshall be calibrated with a calibration gasthat is approximately equal to 10,000parts per million. If only one scale onan instrument will be used duringmonitoring, the owner or operator neednot calibrate the scales that will not beused during that day’s monitoring.

(ii) A calibration gas or other thanmethane in air may be used if theinstrument does not respond to methaneor if the instrument does not meet theperformance criteria specified inparagraph (b)(2)(i) of this section. Insuch cases, the calibration gas may be amixture of one or more of thecompounds to be measured in air.

(5) Monitoring performance.Monitoring shall be performed when theequipment is in regulated materialservice or is in use with any otherdetectable material.

(6) Monitoring data. Monitoring dataobtained prior to the regulated sourcebecoming subject to the referencingsubpart that do not meet the criteriaspecified in paragraphs (b)(1) through(b)(5) of this section may still be usedto qualify initially for less frequentmonitoring under the provisions in§ 63.1025(a)(2), (b)(3) or (b)(4) for valvesor § 63.1027(b)(3) for connectorsprovided the departures from thecriteria or from the specified monitoringfrequency of § 63.1025(b)(3) or (b)(4) areminor and do not significantly affect thequality of the data. Examples of minordepartures are monitoring at a slightlydifferent frequency (such as every 6weeks instead of monthly or quarterly),following the performance criteria ofsection 3.1.2, paragraph (a) of Method21 of Appendix A of 40 CFR part 60instead of paragraph (b)(2) of thissection, or monitoring using a differentleak definition if the data wouldindicate the presence or absence of aleak at the concentration specified inthis subpart. Failure to use a calibratedinstrument is not considered a minordeparture.

(c) Instrument monitoring usingbackground adjustments. The owner oroperator may elect to adjust or not toadjust the instrument readings for


background. If an owner or operatorelects not to adjust instrument readingsfor background, the owner or operatorshall monitor the equipment accordingto the procedures specified inparagraphs (b)(1) through (b)(5) of thissection. In such cases, all instrumentreadings shall be compared directly tothe applicable leak definition for themonitored equipment to determinewhether there is a leak or to determinecompliance with § 63.1030(b) (pressurerelief devices) or § 63.1031(f)(alternative compressor standard). If anowner or operator elects to adjustinstrument readings for background, theowner or operator shall monitor theequipment according to the proceduresspecified in paragraphs (c)(1) through(c)(4) of this section.

(1) The requirements of paragraphs(b)(1) through (b)(5) of this section shallapply.

(2) The background level shall bedetermined, using the procedures inMethod 21 of 40 CFR part 60, appendixA.

(3) The instrument probe shall betraversed around all potential leakinterfaces as close to the interface aspossible as described in Method 21 of40 CFR part 60, appendix A.

(4) The arithmetic difference betweenthe maximum concentration indicatedby the instrument and the backgroundlevel shall be compared to theapplicable leak definition for themonitored equipment to determinewhether there is a leak or to determinecompliance with § 63.1030(b) (pressurerelief devices) or § 63.1031(f)(alternative compressor standard).

(d) Sensory monitoring methods.Sensory monitoring consists of visual,audible, olfactory, or any otherdetection method used to determine apotential leak to the atmosphere.

(e) Leaking equipment identificationand records. (1) When each leak isdetected pursuant to the monitoringspecified in paragraph (a) of thissection, a weatherproof and readilyvisible identification, shall be attachedto the leaking equipment.

(2) When each leak is detected, theinformation specified in paragraphs(e)(2)(i) and (e)(2)(ii) shall be recordedand kept pursuant to the referencingsubpart, except for the information forconnectors complying with the 8 yearmonitoring period allowed under§ 63.1027(b)(3)(iii) shall be kept 5 yearsbeyond the date of its last use.

(i) The instrument and the equipmentidentification and the instrumentoperator’s name, initials, oridentification number if a leak isdetected or confirmed by instrumentmonitoring.

(ii) The date the leak was detected.

§ 63.1024 Leak repair.(a) Leak repair schedule. The owner

or operator shall repair each leakdetected as soon as practical, but notlater than 15 calendar days after it isdetected, except as provided inparagraph (d) of this section. A firstattempt at repair as defined in thereferencing subpart shall be made nolater than 5 calendar days after the leakis detected. First attempt at repair forpumps includes, but is not limited to,tightening the packing gland nuts and/or ensuring that the seal flush isoperating at design pressure andtemperature. First attempt at repair forvalves includes, but is not limited to,tightening the bonnet bolts, and/orreplacing the bonnet bolts, and/ortightening the packing gland nuts, and/or injecting lubricant into the lubricatedpacking.

(b) [Reserved](c) Leak identification removal.—(1)

Valves and connectors. The leakidentification on a valve may beremoved after it has been monitored asspecified in § 63.1025(d)(2), and no leakhas been detected during thatmonitoring. The leak identification on aconnector may be removed after it hasbeen monitored as specified in§ 63.1027(b)(3)(iv) and no leak has beendetected during that monitoring.

(2) Other equipment. Theidentification that has been placed,pursuant to § 63.1023(e)(1), onequipment determined to have a leak,except for a valve or for a connector thatis subject to the provisions of§ 63.1027(b)(3), may be removed after itis repaired.

(d) Delay of repair. Delay of repair isallowed for any of the conditionsspecified in paragraphs (d)(1) through(d)(5) of this section. The owner oroperator shall maintain a record of thefacts that explain any delay of repairsand, where appropriate, why the repairwas technically infeasible without aprocess unit shutdown.

(1) Delay of repair of equipment forwhich leaks have been detected isallowed if repair within 15 days after aleak is detected is technically infeasiblewithout a process unit or affectedfacility shutdown. Repair of thisequipment shall occur as soon aspractical, but no later than the end ofthe next process unit or affected facilityshutdown, except as provided inparagraph (d)(5) of this section.

(2) Delay of repair of equipment forwhich leaks have been detected isallowed for equipment that is isolatedfrom the process and that does notremain in regulated material service.

(3) Delay of repair for valves,connectors, and agitators is also allowedif the provisions of paragraphs (d)(3)(i)and (d)(3)(ii) of this section are met.

(i) The owner or operator determinesthat emissions of purged materialresulting from immediate repair wouldbe greater than the fugitive emissionslikely to result from delay of repair, and

(ii) When repair procedures areeffected, the purged material is collectedand destroyed or recovered in a controldevice complying with subpart SS ofthis part.

(4) Delay of repair for pumps is alsoallowed if the provisions of paragraphs(d)(4)(i) and (d)(4)(ii) of this section aremet.

(i) Repair requires replacing theexisting seal design with a new systemthat the owner or operator hasdetermined under the provisions of§ 63.1035(d) will provide betterperformance or one of the specificationsof paragraphs (d)(4)(i)(A) through(d)(4)(i)(C) of this section are met.

(A) A dual mechanical seal systemthat meets the requirements of§ 63.1026(e)(1) will be installed;

(B) A pump that meets therequirements of § 63.1026(e)(1) will beinstalled; or

(C) A system that routes emissions toa process or a fuel gas system or a closedvent system and control device thatmeets the requirements of§ 63.1026(e)(3) will be installed; and

(ii) Repair is completed as soon aspractical, but not later than 6 monthsafter the leak was detected.

(5) Delay of repair beyond a processunit or affected facility shutdown willbe allowed for a valve if valve assemblyreplacement is necessary during theprocess unit or affected facilityshutdown, and valve assembly supplieshave been depleted, and valve assemblysupplies had been sufficiently stockedbefore the supplies were depleted. Delayof repair beyond the second process unitor affected facility shutdown will not beallowed unless the third process unit oraffected facility shutdown occurs soonerthan 6 months after the first process unitor affected facility shutdown.

(e) Unsafe-to-repair connectors. Anyconnector that is designated, asdescribed in § 63.1022(d), as an unsafe-to-repair connector is exempt from therequirements of § 63.1027(d), andparagraph (a) of this section if theprovisions of (e)(1) and (e)(2) of thissection are met.

(1) The owner or operator determinesthat repair personnel would be exposedto an immediate danger as aconsequence of complying withparagraph (a) of this section; and


(2) The connector will be repairedbefore the end of the next scheduledprocess unit or affected facilityshutdown.

(f) Leak repair records. For each leakdetected, the information specified inparagraphs (f)(1) through (f)(5) of thissection shall be recorded andmaintained pursuant to the referencingsubpart.

(1) The date of first attempt to repairthe leak.

(2) The date of successful repair of theleak.

(3) Maximum instrument readingmeasured by Method 21 of 40 CFR part60, appendix A at the time the leak issuccessfully repaired or determined tobe nonrepairable.

(4) ‘‘Repair delayed’’ and the reasonfor the delay if a leak is not repairedwithin 15 calendar days after discoveryof the leak as specified in paragraphs(f)(4)(i) and (f)(4)(ii) of this section.

(i) The owner or operator maydevelop a written procedure thatidentifies the conditions that justify adelay of repair. The written proceduresmay be included as part of the startup,shutdown, and malfunction plan, asrequired by the referencing subpart forthe source, or may be part of a separatedocument that is maintained at theplant site. In such cases, reasons fordelay of repair may be documented byciting the relevant sections of thewritten procedure.

(ii) If delay of repair was caused bydepletion of stocked parts, there must bedocumentation that the spare parts weresufficiently stocked on-site beforedepletion and the reason for depletion.

(5) Dates of process unit or affectedfacility shutdowns that occur while theequipment is unrepaired.

§ 63.1025 Valves in gas and vapor serviceand in light liquid service standards.

(a) Compliance schedule. (1) Theowner or operator shall comply withthis section no later than thecompliance dates specified in thereferencing subpart.

(2) The use of monitoring datagenerated before the regulated sourcebecame subject to the referencingsubpart to qualify initially for lessfrequent monitoring is governed by theprovisions of § 63.1023(b)(6).

(b) Leak detection. Unless otherwisespecified in §§ 63.1021(b) 63.1036,63.1037, or paragraph (e) of this section,or the referencing subpart, the owner oroperator shall monitor all valves at theintervals specified in paragraphs (b)(3)and/or (b)(4) of this section and shallcomply with all other provisions of thissection.

(1) Monitoring method. The valvesshall be monitored to detect leaks by the

method specified in § 63.1023(b), (c),and (e).

(2) Instrument reading that defines aleak. The instrument reading thatdefines a leak is 500 parts per millionor greater.

(3) Monitoring frequency. The owneror operator shall monitor valves forleaks at the intervals specified inparagraphs (b)(3)(i) through (b)(3)(v) ofthis section and shall keep the recordspecified in paragraph (b)(3)(vi) of thissection.

(i) If at least the greater of 2 valves or2 percent of the valves in a process unitleak, as calculated according toparagraph (c) of this section, the owneror operator shall monitor each valveonce per month.

(ii) At process units with less than thegreater of 2 leaking valves or 2 percentleaking valves, the owner or operatorshall monitor each valve once eachquarter, except as provided inparagraphs (b)(3)(iii) through (b)(3)(v) ofthis section. Monitoring data generatedbefore the regulated source becamesubject to the referencing subpart andmeeting the criteria of either§ 63.1023(b)(1) through (b)(5), or§ 63.1023(b)(6), may be used to qualifyinitially for less frequent monitoringunder paragraphs (b)(3)(iii) through(b)(3)(v) of this section.

(iii) At process units with less than 1percent leaking valves, the owner oroperator may elect to monitor eachvalve once every two quarters

(iv) At process units with less than 0.5percent leaking valves, the owner oroperator may elect to monitor eachvalve once every four quarters.

(v) At process units with less than0.25 percent leaking valves, the owneror operator may elect to monitor eachvalve once every 2 years.

(vi) The owner or operator shall keepa record of the monitoring schedule foreach process unit.

(4) Valve subgrouping. For a processunit or a group of process units to whichthis subpart applies, an owner oroperator may choose to subdivide thevalves in the applicable process unit orgroup of process units and apply theprovisions of paragraph (b)(3) of thissection to each subgroup. If the owneror operator elects to subdivide thevalves in the applicable process unit orgroup of process units, then theprovisions of paragraphs (b)(4)(i)through (b)(4)(viii) of this section apply.

(i) The overall performance of totalvalves in the applicable process unit orgroup of process units to be subdividedshall be less than 2 percent leakingvalves, as detected according toparagraphs (b)(1) and (b)(2) of thissection and as calculated according to

paragraphs (c)(1)(ii) and (c)(2) of thissection.

(ii) The initial assignment orsubsequent reassignment of valves tosubgroups shall be governed by theprovisions of paragraphs (b)(4)(ii)(A)through (b)(4)(ii)(C) of this section.

(A) The owner or operator shalldetermine which valves are assigned toeach subgroup. Valves with less thanone year of monitoring data or valvesnot monitored within the last twelvemonths must be placed initially into themost frequently monitored subgroupuntil at least one year of monitoring datahave been obtained.

(B) Any valve or group of valves canbe reassigned from a less frequentlymonitored subgroup to a morefrequently monitored subgroupprovided that the valves to bereassigned were monitored during themost recent monitoring period for theless frequently monitored subgroup. Themonitoring results must be includedwith that less frequently monitoredsubgroup’s associated percent leakingvalves calculation for that monitoringevent.

(C) Any valve or group of valves canbe reassigned from a more frequentlymonitored subgroup to a less frequentlymonitored subgroup provided that thevalves to be reassigned have not leakedfor the period of the less frequentlymonitored subgroup (e.g., for the last 12months, if the valve or group of valvesis to be reassigned to a subgroup beingmonitored annually). Nonrepairablevalves may not be reassigned to a lessfrequently monitored subgroup.

(iii) The owner or operator shalldetermine every 6 months if the overallperformance of total valves in theapplicable process unit or group ofprocess units is less than 2 percentleaking valves and so indicate theperformance in the next PeriodicReport. If the overall performance oftotal valves in the applicable processunit or group of process units is 2percent leaking valves or greater, theowner or operator shall no longersubgroup and shall revert to theprogram required in paragraphs (b)(1)through (b)(3) of this section for thatapplicable process unit or group ofprocess units. An owner or operator canagain elect to comply with the valvesubgrouping procedures of paragraph(b)(4) of this section if future overallperformance of total valves in theprocess unit or groups of process unitsis again less than 2 percent. The overallperformance of total valves in theapplicable process unit or group ofprocess units shall be calculated as aweighted average of the percent leaking


valves of each subgroup according toEquation number 1:

%

%

[ . ]V

V V

V

EqLO

Li ii

n

ii

n=×( )

=

=

∑

∑1

1

1

Where:%VLO=Overall performance of total

valves in the applicable processunit or group of process units

%VLi=Percent leaking valves insubgroup i, most recent valuecalculated according to theprocedures in paragraphs (c)(1)(ii)and (c)(2) of this section.

Vi=Number of valves in subgroup i.n=Number of subgroups.

(iv) The owner or operator shallmaintain records specified inparagraphs (b)(4)(iv)(A) through(b)(4)(iv)(D) of this section.

(A) Which valves are assigned to eachsubgroup,

(B) Monitoring results andcalculations made for each subgroup foreach monitoring period,

(C) Which valves are reassigned, thelast monitoring result prior toreassignment, and when they werereassigned, and

(D) The results of the semiannualoverall performance calculationrequired in paragraph (b)(4)(iii) of thissection.

(v) The owner or operator shall notifythe Administrator no later than 30 daysprior to the beginning of the nextmonitoring period of the decision tosubgroup valves. The notification shallidentify the participating process unitsand the number of valves assigned toeach subgroup, if applicable, and maybe included in the next Periodic Report.

(vi) The owner or operator shallsubmit in the periodic reports theinformation specified in paragraphs(b)(4)(vi)(A) and (b)(4)(vi)(B).

(A) Total number of valves in eachsubgroup, and

(B) Results of the semiannual overallperformance calculation required byparagraph (b)(4)(iii) of this section.

(vii) To determine the monitoringfrequency for each subgroup, thecalculation procedures of paragraph(c)(2) of this section shall be used.

(viii) Except for the overallperformance calculations required byparagraphs (b)(4)(i) and (iii) of thissection, each subgroup shall be treatedas if it were a process unit for thepurposes of applying the provisions ofthis section.

(c) Percent leaking valvescalculation.—(1) Calculation basis and

procedures. (i) The owner or operatorshall decide no later than thecompliance date of this part or uponrevision of an operating permit whetherto calculate percent leaking valves on aprocess unit or group of process unitsbasis. Once the owner or operator hasdecided, all subsequent percentagecalculations shall be made on the samebasis and this shall be the basis used forcomparison with the subgroupingcriteria specified in paragraph (b)(4)(i)of this section.

(ii) The percent leaking valves foreach monitoring period for each processunit or valve subgroup, as provided inparagraph (b)(4) of this section, shall becalculated using the following equation:

% / [ . ]V V V EqL L T= ( ) ×100 2

Where:%VL=Percent leaking valves.VL=Number of valves found leaking,

excluding nonrepairable valves, asprovided in paragraph (c)(3) of thissection.

VT=The sum of the total number ofvalves monitored.

(2) Calculation for monitoringfrequency. When determiningmonitoring frequency for each processunit or valve subgroup subject tomonthly, quarterly, or semiannualmonitoring frequencies, the percentleaking valves shall be the arithmeticaverage of the percent leaking valvesfrom the last two monitoring periods.When determining monitoringfrequency for each process unit or valvesubgroup subject to annual or biennial(once every 2 years) monitoringfrequencies, the percent leaking valvesshall be the arithmetic average of thepercent leaking valves from the lastthree monitoring periods.

(3) Nonrepairable valves. (i)Nonrepairable valves shall be includedin the calculation of percent leakingvalves the first time the valve isidentified as leaking and nonrepairableand as required to comply withparagraph (c)(3)(ii) of this section.Otherwise, a number of nonrepairablevalves (identified and included in thepercent leaking valves calculation in aprevious period) up to a maximum of 1percent of the total number of valves inregulated material service at a processunit or affected facility may be excludedfrom calculation of percent leakingvalves for subsequent monitoringperiods.

(ii) If the number of nonrepairablevalves exceeds 1 percent of the totalnumber of valves in regulated materialservice at a process unit or affectedfacility, the number of nonrepairablevalves exceeding 1 percent of the total

number of valves in regulated materialservice shall be included in thecalculation of percent leaking valves.

(d) Leak repair. (1) If a leak isdetermined pursuant to paragraph (b),(e)(1), or (e)(2) of this section, then theleak shall be repaired using theprocedures in § 63.1024, as applicable.

(2) When a leak has been repaired, thevalve shall be monitored at least oncewithin the first 3 months after its repair.The monitoring required by thisparagraph is in addition to themonitoring required to satisfy thedefinition of repair.

(i) The monitoring shall be conductedas specified in § 63.1023(b) and (c) ofthis section, as appropriate, todetermine whether the valve hasresumed leaking.

(ii) Periodic monitoring required byparagraph (b) of this section may beused to satisfy the requirements of thisparagraph, if the timing of themonitoring period coincides with thetime specified in this paragraph.Alternatively, other monitoring may beperformed to satisfy the requirements ofthis paragraph, regardless of whetherthe timing of the monitoring period forperiodic monitoring coincides with thetime specified in this paragraph.

(iii) If a leak is detected by monitoringthat is conducted pursuant to thisparagraph, the owner or operator shallfollow the provisions of paragraphs(d)(2)(iii)(A) and (d)(2)(iii)(B) of thissection, to determine whether that valvemust be counted as a leaking valve forpurposes of paragraph (c)(1)(ii) of thissection.

(A) If the owner or operator elected touse periodic monitoring required byparagraph (b) of this section to satisfythe requirements of this paragraph, thenthe valve shall be counted as a leakingvalve.

(B) If the owner or operator elected touse other monitoring, prior to theperiodic monitoring required byparagraph (b) of this section, to satisfythe requirements of this paragraph, thenthe valve shall be counted as a leakingvalve unless it is repaired and shown byperiodic monitoring not to be leaking.

(e) Special provisions for valves. —(1)Unsafe-to-monitor valves. Any valvethat is designated, as described in§ 63.1022(c)(1), as an unsafe-to-monitorvalve is exempt from the requirementsof paragraphs (b) of this section and theowner or operator shall monitor thevalve according to the written planspecified in § 63.1022(c)(4).

(2) Difficult-to-monitor valves. Anyvalve that is designated, as described in§ 63.1022(c)(2), as a difficult-to-monitorvalve is exempt from the requirementsof paragraph (b) of this section and the


owner or operator shall monitor thevalve according to the written planspecified in § 63.1022(c)(4).

(3) Less than 250 valves. Anyequipment located at a plant site withfewer than 250 valves in regulatedmaterial service is exempt from therequirements for monthly monitoringspecified in paragraph (b)(3)(i) of thissection. Instead, the owner or operatorshall monitor each valve in regulatedmaterial service for leaks once eachquarter, or comply with paragraphs(b)(4)(iii), (b)(4)(iv), or (b)(4)(v) of thissection except as provided inparagraphs (e)(1) and (e)(2) of thissection.

§ 63.1026 Pumps in light liquid servicestandards.


(b) Leak detection. Unless otherwisespecified in § 63.1021(b) or paragraphs(e)(1) through (e)(5) of this section, theowner or operator shall monitor eachpump to detect leaks and shall complywith all other provisions of this section.

(1) Monitoring method. The pumpsshall be monitored monthly to detectleaks by the method specified in§ 63.1023(b), (c), and (e).

(2) Instrument reading that defines aleak. The instrument reading thatdefines a leak is specified in paragraphs(b)(2)(1) through (b)(2)(iii) of thissection.

(i) 5,000 parts per million or greaterfor pumps handling polymerizingmonomers;

(ii) 2,000 parts per million or greaterfor pumps in food/medical service; and

(iii) 1,000 parts per million or greaterfor all other pumps.

(3) Leak repair exception. For pumpsto which a 1,000 parts per million leakdefinition applies, repair is not requiredunless an instrument reading of 2,000parts per million or greater is detected.

(4) Visual inspection. Each pumpshall be checked by visual inspectioneach calendar week for indications ofliquids dripping from the pump seal.The owner or operator shall documentthat the inspection was conducted andthe date of the inspection. If there areindications of liquids dripping from thepump seal at the time of the weeklyinspection, the owner or operator shallfollow the procedure specified in eitherparagraph (b)(4)(i) or (b)(4)(ii) of thissection.

(i) The owner or operator shallmonitor the pump as specified in§ 63.1023(b), (c), and (e). If theinstrument reading indicates a leak as

specified in paragraph (b)(2) of thissection, a leak is detected and it shall berepaired using the procedures in§ 63.1024, except as specified inparagraph (b)(3) of this section; or

(ii) The owner or operator shalleliminate the visual indications ofliquids dripping.

(5) Visual inspection: Leak repair.Where a leak is identified by visualindications of liquids dripping, repairshall mean that the visual indications ofliquids dripping have been eliminated.

(c) Percent leaking pumps calculation.(1) The owner or operator shall decideno later than the compliance date of thispart or upon revision of an operatingpermit whether to calculate percentleaking pumps on a process unit basisor group of process units basis. Once theowner or operator has decided, allsubsequent percentage calculationsshall be made on the same basis.

(2) If, when calculated on a 6-monthrolling average, at least the greater ofeither 10 percent of the pumps in aprocess unit or three pumps in a processunit leak, the owner or operator shallimplement a quality improvementprogram for pumps that complies withthe requirements of § 63.1035.

(3) The number of pumps at a processunit or affected facility shall be the sumof all the pumps in regulated materialservice, except that pumps foundleaking in a continuous process unit oraffected facility within 1 month afterstart-up of the pump shall not count inthe percent leaking pumps calculationfor that one monitoring period only.

(4) Percent leaking pumps shall bedetermined by the following equation:

% / [ . ]P P P P P EqL L S T S= −( ) −( )( ) ×100 3

Where:%PL=Percent leaking pumpsPL=Number of pumps found leaking as

determined through monthlymonitoring as required in paragraph(b)(1) of this section.

PS=Number of pumps leaking within 1month of start-up during the currentmonitoring period.

PT=Total pumps in regulated materialservice, including those meeting thecriteria in paragraphs (e)(1) and(e)(2) of this section.

(d) Leak repair. If a leak is detectedpursuant to paragraph (b) of this section,then the leak shall be repaired using theprocedures in § 63.1024, as applicable,unless otherwise specified inparagraphs (b)(4) of this section for leaksidentified by visual indications ofliquids dripping.

(e) Special provisions for pumps.—(1)Dual mechanical seal pumps. Eachpump equipped with a dual mechanical

seal system that includes a barrier fluidsystem is exempt from the requirementsof paragraph (b) of this section,provided the requirements specified inparagraphs (e)(1)(i) through (e)(1)(viii) ofthis section are met.

(i) The owner or operator determines,based on design considerations andoperating experience, criteria applicableto the presence and frequency of dripsand to the sensor that indicates failureof the seal system, the barrier fluidsystem, or both. The owner or operatorshall keep records at the plant of thedesign criteria and an explanation of thedesign criteria; and any changes to thesecriteria and the reasons for the changes.This record must be available for reviewby an inspector.

(ii) Each dual mechanical seal systemshall meet the requirements specified inparagraph (e)(1)(ii)(A), (e)(1)(ii)(B), or(e)(1)(ii)(C) of this section.

(A) Each dual mechanical seal systemis operated with the barrier fluid at apressure that is at all times (exceptperiods of startup, shutdown, ormalfunction) greater than the pumpstuffing box pressure; or

(B) Equipped with a barrier fluiddegassing reservoir that is routed to aprocess or fuel gas system or connectedby a closed-vent system to a controldevice that complies with therequirements of subpart SS of this part;or


(iii) The barrier fluid is not in lightliquid service.

(iv) Each barrier fluid system isequipped with a sensor that will detectfailure of the seal system, the barrierfluid system, or both.

(v) Each pump is checked by visualinspection each calendar week forindications of liquids dripping from thepump seal. The owner or operator shalldocument that the inspection wasconducted and the date of theinspection. If there are indications ofliquids dripping from the pump seal atthe time of the weekly inspection, theowner or operator shall follow theprocedure specified in paragraphs(e)(1)(v)(A) or (e)(1)(v)(B) of this section.

(A) The owner or operator shallmonitor the pump as specified in§ 63.1023(b), (c), and (e) to determine ifthere is a leak of regulated material inthe barrier fluid. If an instrumentreading of 1,000 parts per million orgreater is measured, a leak is detectedand it shall be repaired using theprocedures in § 63.1024; or



(vi) If indications of liquids drippingfrom the pump seal exceed the criteriaestablished in paragraph (e)(1)(i) of thissection, or if based on the criteriaestablished in paragraph (e)(1)(i) of thissection the sensor indicates failure ofthe seal system, the barrier fluid system,or both, a leak is detected.

(vii) Each sensor as described inparagraph (e)(1)(iv) of this section isobserved daily or is equipped with analarm unless the pump is located withinthe boundary of an unmanned plantsite.

(viii) When a leak is detectedpursuant to paragraph (e)(1)(vi) of thissection, it shall be repaired as specifiedin § 63.1024(a).

(2) No external shaft. Any pump thatis designed with no externally actuatedshaft penetrating the pump housing isexempt from the monitoringrequirements of paragraph (b) of thissection.

(3) Routed to a process or fuel gassystem or equipped with a closed ventsystem. Any pump that is routed to aprocess or fuel gas system or equippedwith a closed vent system capable ofcapturing and transporting leakage fromthe pump to a control device meetingthe requirements of subpart SS of thispart or § 63.1021(b) is exempt from themonitoring requirements of paragraph(b) of this section.

(4) Unmanned plant site. Any pumpthat is located within the boundary ofan unmanned plant site is exempt fromthe weekly visual inspectionrequirement of paragraphs (b)(4) and(e)(1)(v) of this section, and the dailyrequirements of paragraph (e)(1)(vii) ofthis section, provided that each pump isvisually inspected as often as practicaland at least monthly.

(5) 90 percent exemption. If more than90 percent of the pumps at a processunit or affected facility meet the criteriain either paragraph (e)(1) or (e)(2) of thissection, the process unit or affectedfacility is exempt from the requirementsof paragraph (b) of this section.

(6) Unsafe-to-monitor pumps. Anypump that is designated, as described in§ 63.1022(c)(1), as an unsafe-to-monitorpump is exempt from the monitoringrequirements of paragraph (b) of thissection and the repair requirements of§ 63.1024 and the owner or operatorshall monitor the pump according to thewritten plan specified in § 63.1022(c)(4).

§ 63.1027 Connectors in gas and vaporservice and in light liquid servicestandards.

(a) Compliance schedule. The owneror operator shall monitor all connectorsin each process unit initially for leaksby the later of either 12 months after thecompliance date as specified in areferencing subpart or 12 months afterinitial startup. If all connectors in eachprocess unit have been monitored forleaks prior to the compliance datespecified in the referencing subpart, noinitial monitoring is required providedeither no process changes have beenmade since the monitoring or the owneror operator can determine that theresults of the monitoring, with orwithout adjustments, reliablydemonstrate compliance despite processchanges. If required to monitor becauseof a process change, the owner oroperator is required to monitor onlythose connectors involved in theprocess change.

(b) Leak detection. Except as allowedin § 63.1021(b)(1) or as specified inparagraph (e) of this section, the owneror operator shall monitor all connectorsin gas and vapor and light liquid serviceas specified in paragraphs (a) and (b)(3)of this section.

(1) Monitoring method. Theconnectors shall be monitored to detectleaks by the method specified in§ 63.1023(b).

(2) Instrument reading that defines aleak. If an instrument reading greaterthan or equal to 500 parts per millionis measured, a leak is detected.

(3) Monitoring periods. The owner oroperator shall perform monitoring,subsequent to the initial monitoringrequired in paragraph (a) of this section,as specified in paragraphs (b)(3)(i)through (b)(3)(iii) of this section, andshall comply with the requirements ofparagraphs (b)(3)(iv) and (b)(3)(v) of thissection. The required period in whichmonitoring must be conducted shall bedetermined from paragraphs (b)(3)(i)through (b)(3)(iii) of this section usingthe monitoring results from thepreceding monitoring period. Thepercent leaking connectors shall becalculated as specified in paragraph (c)of this section.

(i) If the percent leaking connectors inthe process unit was greater than orequal to 0.5 percent, then monitorwithin 12 months (1 year).

(ii) If the percent leaking connectorsin the process unit was greater than orequal to 0.25 percent but less than 0.5

percent, then monitor within 4 years.An owner or operator may comply withthe requirements of this paragraph bymonitoring at least 40 percent of theconnectors within 2 years of the start ofthe monitoring period, provided allconnectors have been monitored by theend of the 4 year monitoring period.

(iii) If the percent leaking connectorsin the process unit was less than 0.25percent, then monitor as provided inparagraph (b)(3)(iii)(A) of this sectionand either paragraph (b)(3)(iii)(B) or(b)(3)(iii)(C) of this section, asappropriate.

(A) An owner or operator shallmonitor at least 50 percent of theconnectors within 4 years of the start ofthe monitoring period.

(B) If the percent leaking connectorscalculated from the monitoring resultsin paragraph (b)(3)(iii)(A) of this sectionis greater than or equal to 0.35 percentof the monitored connectors, the owneror operator shall monitor as soon aspractical, but within the next 6 months,all connectors that have not yet beenmonitored during the monitoringperiod. At the conclusion of monitoring,a new monitoring period shall be startedpursuant to paragraph (b)(3) of thissection, based on the percent leakingconnectors of the total monitoredconnectors.

(C) If the percent leaking connectorscalculated from the monitoring resultsin paragraph (b)(3)(iii)(A) of this sectionis less than 0.35 percent of themonitored connectors, the owner oroperator shall monitor all connectorsthat have not yet been monitored within8 years of the start of the monitoringperiod.

(iv) If, during the monitoringconducted pursuant to paragraph(b)(3)(i) through (b)(3)(iii) of thissection, a connector is found to beleaking, it shall be re-monitored oncewithin 90 days after repair to confirmthat it is not leaking.

(v) The owner or operator shall keepa record of the start date and end dateof each monitoring period under thissection for each process unit.

(c) Percent leaking connectorscalculation. For use in determining themonitoring frequency, as specified inparagraphs (a), and (b)(3) of this section,the percent leaking connectors as usedin paragraphs (a) and (b)(3) of thissection shall be calculated by usingequation number 4.

% / [ . ]C C C C EqL L t C= +( ) ×100 4


Where:%CL = Percent leaking connectors as

determined through monitoringrequired in paragraphs (a) and (b) ofthis section.

CL = Number of connectors measuredat 500 parts per million or greater, bythe method specified in § 63.1023(b).

Ct = Total number of monitoredconnectors in the process unit oraffected facility.

(d) Leak repair. If a leak is detectedpursuant to paragraphs (a) and (b) ofthis section, then the leak shall berepaired using the procedures in§ 63.1024, as applicable.

(e) Special provisions forconnectors.—(1) Unsafe-to-monitorconnectors. Any connector that isdesignated, as described in§ 63.1022(c)(1), as an unsafe-to-monitorconnector is exempt from therequirements of paragraphs (b)(1)through (b)(3) of this section and theowner or operator shall monitoraccording to the written plan specifiedin § 63.1022(c)(4).

(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any connector thatis inaccessible or that is ceramic orceramic-lined (e.g., porcelain, glass, orglass-lined), is exempt from themonitoring requirements of paragraphs(a) and (b) of this section and from therecordkeeping and reportingrequirements of §§ 63.1038 and 63.1039.An inaccessible connector is one thatmeets any of the provisions specified inparagraphs (e)(2)(i)(A) through(e)(2)(i)(F) of this section, as applicable.

(A) Buried;(B) Insulated in a manner that

prevents access to the connector by amonitor probe;

(C) Obstructed by equipment orpiping that prevents access to theconnector by a monitor probe;

(D) Unable to be reached from awheeled scissor-lift or hydraulic-typescaffold that would allow access toconnectors up to 7.6 meters (25 feet)above the ground.

(E) Inaccessible because it wouldrequire elevating the monitoringpersonnel more than 2 meters (7 feet)above a permanent support surface orwould require the erection of scaffold;

(F) Not able to be accessed at any timein a safe manner to perform monitoring.Unsafe access includes, but is notlimited to, the use of a wheeled scissor-lift on unstable or uneven terrain, theuse of a motorized man-lift basket inareas where an ignition potential exists,or access would require near proximityto hazards such as electrical lines, orwould risk damage to equipment.

(ii) If any inaccessible, ceramic orceramic-lined connector is observed byvisual, audible, olfactory, or other

means to be leaking, the visual, audible,olfactory, or other indications of a leakto the atmosphere shall be eliminated assoon as practical.

§ 63.1028 Agitators in gas and vaporservice and in light liquid servicestandards.


(b) [Reserved](c) Leak detection.—(1) Monitoring

method. Each agitator seal shall bemonitored monthly to detect leaks bythe methods specified in § 63.1023(b),(c), and (e), except as provided in§ 63.1021(b).

(2) Instrument reading that defines aleak. If an instrument readingequivalent of 10,000 parts per million orgreater is measured, a leak is detected.

(3) Visual inspection. (i) Each agitatorseal shall be checked by visualinspection each calendar week forindications of liquids dripping from theagitator seal.

(ii) If there are indications of liquidsdripping from the agitator seal, theowner or operator shall follow theprocedures specified in paragraphs(b)(3)(ii)(A) and (b)(3)(ii)(B) of thissection.

(A) The owner or operator shall eithermonitor the agitator seal as specified in§ 63.1023(b), (c), and (e) to determine ifthere is a leak of regulated material. Ifan instrument reading of 10,000 partsper million or greater is measured, aleak is detected, and it shall be repairedusing the procedures in § 63.1024;

(B) The owner or operator shalleliminate the indications of liquidsdripping from the pump seal.

(d) Leak repair. If a leak is detected,then the leak shall be repaired using theprocedures in § 63.1024(a).

(e) Special provisions for agitators.—(1) Dual mechanical seal. Each agitatorequipped with a dual mechanical sealsystem that includes a barrier fluidsystem is exempt from the requirementsof paragraph (b) of this section,provided the requirements specified inparagraphs (e)(1)(i) through (e)(1)(vi) ofthis section are met.

(i) Each dual mechanical seal systemshall meet the applicable requirementsspecified in paragraphs (e)(1)(i)(A),(e)(1)(i)(B), or (e)(1)(i)(C) of this section.

(A) Operated with the barrier fluid ata pressure that is at all times (exceptduring periods of startup, shutdown, ormalfunction) greater than the agitatorstuffing box pressure; or

(B) Equipped with a barrier fluiddegassing reservoir that is routed to aprocess or fuel gas system or connectedby a closed-vent system to a control

device that meets the requirements of§ 63.1034; or


(ii) The barrier fluid is not in lightliquid service.

(iii) Each barrier fluid system isequipped with a sensor that will detectfailure of the seal system, the barrierfluid system, or both.

(iv) Each agitator seal is checked byvisual inspection each calendar weekfor indications of liquids dripping fromthe agitator seal. If there are indicationsof liquids dripping from the agitator sealat the time of the weekly inspection, theowner or operator shall follow theprocedure specified in paragraphs(e)(1)(iv)(A) or (e)(1)(iv)(B) of thissection.

(A) The owner or operator shallmonitor the agitator seal as specified in§ 63.1023(b), (c), and (e) to determinethe presence of regulated material in thebarrier fluid. If an instrument readingequivalent to or greater than the leaklevel specified for agitators in thereferencing subpart is measured, a leakis detected and it shall be repaired usingthe procedures in § 63.1024, or


(v) Each sensor as described inparagraph (e)(1)(iii) of this section isobserved daily or is equipped with analarm unless the agitator seal is locatedwithin the boundary of an unmannedplant site.

(vi) The owner or operator of eachdual mechanical seal system shall meetthe requirements specified inparagraphs (e)(1)(vi)(A) and (e)(1)(vi)(B).

(A) The owner or operator shalldetermine, based on designconsiderations and operatingexperience, criteria that indicates failureof the seal system, the barrier fluidsystem, or both and applicable to thepresence and frequency of drips. Ifindications of liquids dripping from theagitator seal exceed the criteria, or if,based on the criteria the sensorindicates failure of the seal system, thebarrier fluid system, or both, a leak isdetected and shall be repaired pursuantto § 63.1024, as applicable.

(B) The owner or operator shall keeprecords of the design criteria and anexplanation of the design criteria; andany changes to these criteria and thereasons for the changes.

(2) No external shaft. Any agitatorthat is designed with no externallyactuated shaft penetrating the agitatorhousing is exempt from paragraph (b) ofthis section.


(3) Routed to a process or fuel gassystem or equipped with a closed ventsystem. Any agitator that is routed to aprocess or fuel gas system that capturesand transports leakage from the agitatorto a control device meeting therequirements of § 63.1034 is exemptfrom the requirements of paragraph (b)of this section.

(4) Unmanned plant site. Any agitatorthat is located within the boundary ofan unmanned plant site is exempt fromthe weekly visual inspectionrequirement of paragraphs (b)(3) and(e)(1)(iv) of this section, and the dailyrequirements of paragraph (e)(1)(v) ofthis section, provided that each agitatoris visually inspected as often aspractical and at least monthly.

(5) Difficult-to-monitor agitator seals.Any agitator seal that is designated, asdescribed in § 63.1022(c)(2), as adifficult-to-monitor agitator seal isexempt from the requirements ofparagraph (b) of this section and theowner or operator shall monitor theagitator seal according to the writtenplan specified in § 63.1022(c)(4).

(6) Equipment obstructions. Anyagitator seal that is obstructed byequipment or piping that preventsaccess to the agitator by a monitor probeis exempt from the monitoringrequirements of paragraph (b) of thissection.

(7) Unsafe-to-monitor agitator seals.Any agitator seal that is designated, asdescribed in § 63.1022(c)(1), as anunsafe-to-monitor agitator seal isexempt from the requirements ofparagraph (b) of this section and theowner or operator of the agitator sealmonitors the agitator seal according tothe written plan specified in§ 63.1022(c)(4).

§ 63.1029 Pumps, valves, connectors, andagitators in heavy liquid service; pressurerelief devices in liquid service; andinstrumentation systems standards.


(b) Leak detection.—(1) Monitoringmethod. Pumps, valves, connectors, andagitators in heavy liquid service;pressure relief devices in light liquid orheavy liquid service; andinstrumentation systems shall bemonitored within 5 calendar days by themethod specified in § 63.1023(b), (c),and (e) if evidence of a potential leak tothe atmosphere is found by visual,audible, olfactory, or any otherdetection method, unless the potentialleak is repaired as required in paragraph(c) of this section.

(2) Instrument reading that defines aleak. If an instrument reading of 10,000parts per million or greater for agitators,5,000 parts per million or greater forpumps handling agitators, 5,000 partsper million or greater for pumpshandling polymerizing monomers, 2,000parts per million or greater for pumps infood and medical service, or 1,000 partsper million or greater for all otherpumps, or 500 parts per million orgreater for valves, connectors,instrumentation systems, and pressurerelief devices is measured pursuant toparagraph (b)(1) of this section, a leak isdetected and shall be repaired pursuantto § 63.1024, as applicable.

(c) Leak repair. For equipmentidentified in paragraph (b) of thissection that is not monitored by themethod specified in § 63.1023(b),repaired shall mean that the visual,audible, olfactory, or other indicationsof a leak to the atmosphere have beeneliminated; that no bubbles are observedat potential leak sites during a leakcheck using soap solution; or that thesystem will hold a test pressure.

§ 63.1030 Pressure relief devices in gasand vapor service standards.


(b) Compliance standard. Exceptduring pressure releases as provided forin paragraph (c) of this section, eachpressure relief device in gas and vaporservice shall be operated with aninstrument reading of less than 500parts per million as measured by themethod specified in § 63.1023(b), (c),and (e).

(c) Pressure relief requirements. (1)After each pressure release, the pressurerelief device shall be returned to acondition indicated by an instrumentreading of less than 500 parts permillion, as soon as practical, but no laterthan 5 calendar days after each pressurerelease, except as provided in§ 63.1024(d).

(2) The pressure relief device shall bemonitored no later than five calendardays after the pressure to confirm thecondition indicated by an instrumentreading of less than 500 parts permillion above background, as measuredby the method specified in § 63.1023(b),(c), and (e).

(3) The owner or operator shall recordthe dates and results of the monitoringrequired by paragraph (c)(2) of thissection following a pressure releaseincluding the background levelmeasured and the maximum instrument

reading measured during themonitoring.

(d) Pressure relief devices routed to aprocess or fuel gas system or equippedwith a closed vent system and controldevice. Any pressure relief device thatis routed to a process or fuel gas systemor equipped with a closed vent systemcapable of capturing and transportingleakage from the pressure relief deviceto a control device meeting therequirements of either § 63.1034 or§ 63.1021(b) is exempt from therequirements of paragraphs (b) and (c) ofthis section.

(e) Rupture disk exemption. Anypressure relief device that is equippedwith a rupture disk upstream of thepressure relief device is exempt fromthe requirements of paragraphs (b) and(c) of this section provided the owner oroperator installs a replacement rupturedisk upstream of the pressure reliefdevice as soon as practical after eachpressure release but no later than 5calendar days after each pressurerelease, except as provided in§ 63.1024(d).

§ 63.1031 Compressors standards.


(b) Seal system standard. Eachcompressor shall be equipped with aseal system that includes a barrier fluidsystem and that prevents leakage ofprocess fluid to the atmosphere, exceptas provided in § 63.1021(b) andparagraphs (e) and (f) of this section.Each compressor seal system shall meetthe applicable requirements specified inparagraph (b)(1), (b)(2), or (b)(3) of thissection.

(1) Operated with the barrier fluid ata pressure that is greater than thecompressor stuffing box pressure at alltimes (except during periods of startup,shutdown, or malfunction); or

(2) Equipped with a barrier fluidsystem degassing reservoir that is routedto a process or fuel gas system orconnected by a closed-vent system to acontrol device that meets therequirements of § 63.1034; or

(3) Equipped with a closed-loopsystem that purges the barrier fluiddirectly into a process stream.

(c) Barrier fluid system. The barrierfluid shall not be in light liquid service.Each barrier fluid system shall beequipped with a sensor that will detectfailure of the seal system, barrier fluidsystem, or both. Each sensor shall beobserved daily or shall be equippedwith an alarm unless the compressor is


located within the boundary of anunmanned plant site.

(d) Failure criterion and leakdetection.—(1) The owner or operatorshall determine, based on designconsiderations and operatingexperience, a criterion that indicatesfailure of the seal system, the barrierfluid system, or both. If the sensorindicates failure of the seal system, thebarrier fluid system, or both based onthe criterion, a leak is detected and shallbe repaired pursuant to § 63.1024, asapplicable.

(2) The owner or operator shall keeprecords of the design criteria and anexplanation of the design criteria; andany changes to these criteria and thereasons for the changes.

(e) Routed to a process or fuel gassystem or equipped with a closed ventsystem. A compressor is exempt fromthe requirements of paragraphs (b)through (d) of this section if it isequipped with a system to capture andtransport leakage from the compressordrive shaft seal to a process or a fuel gassystem or to a closed vent system thatcaptures and transports leakage from thecompressor to a control device meetingthe requirements of § 63.1034.

(f) Alternative compressor standard.—(1) Any compressor that is designated,as described in § 63.1022(e), asoperating with an instrument reading ofless than 500 parts per million abovebackground shall operate at all timeswith an instrument reading of less than500 parts per million. A compressor sodesignated is exempt from therequirements of paragraphs (b) through(d) of this section if the compressor isdemonstrated, initially upondesignation, annually, and at othertimes requested by the Administrator tobe operating with an instrument readingof less than 500 parts per million abovebackground, as measured by the methodspecified in § 63.1023(b), (c), and (e). Acompressor may not be designated oroperated as having an instrumentreading of less than 500 parts permillion as described in § 63.1022(e) ifthe compressor has a maximuminstrument reading greater than 500parts per million.

(2) The owner or operator shall recordthe dates and results of each compliancetest including the background levelmeasured and the maximum instrumentreading measured during eachcompliance test.

§ 63.1032 Sampling connection systemsstandards.



(b) Equipment requirement. Eachsampling connection system shall beequipped with a closed-purge, closed-loop, or closed vent system, except asprovided in paragraph (d) of this sectionor § 63.1021(b). Gases displaced duringfilling of the sample container are notrequired to be collected or captured.

(c) Equipment design and operation.Each closed-purge, closed-loop, orclosed vent system as required inparagraph (b) of this section shall meetthe applicable requirements specified inparagraphs (c)(1) through (c)(5) of thissection.

(1) The system shall return the purgedprocess fluid directly to a process lineor to a fuel gas system; or

(2) Collect and recycle the purgedprocess fluid to a process; or

(3) Be designed and operated tocapture and transport all the purgedprocess fluid to a control device thatmeets the requirements of § 63.1034; or

(4) Collect, store, and transport thepurged process fluid to a system orfacility identified in paragraph (c)(4)(i),(c)(4)(ii), or (c)(4)(iii) of this section.

(i) A waste management unit asdefined in 40 CFR 63.111 or subpart G,if the waste management unitcomplying with the provisions of 40CFR part 63, subpart G, applicable togroup 1 wastewater streams. If thepurged process fluid does not containany regulated material listed in Table 9of 40 CFR part 63, subpart G, the wastemanagement unit need not be subject to,and operated in compliance with therequirements of 40 CFR part 63, subpartG, applicable to group 1 wastewatersteams provided the facility has anNPDES permit or sends the wastewaterto a National Pollution DischargeElimination System (NPDES) permit orsends the wastewater to an NPDES-permitted facility.

(ii) A treatment, storage, or disposalfacility subject to regulation under 40CFR parts 262, 264, 265, or 266; or

(iii) A facility permitted, licensed, orregistered by a State to managemunicipal or industrial solid waste, ifthe process fluids are not hazardouswaste as defined in 40 CFR part 261.

(5) Containers that are part of a closedpurge system must be covered or closedwhen not being filled or emptied.

(d) In-situ sampling systems. In-situsampling systems and sampling systemswithout purges are exempt from therequirements of paragraphs (b) and (c) ofthis section.

§ 63.1033 Open-ended valves or linesstandards.

(a) Compliance schedule. The owneror operator shall comply with this

section no later than the compliancedate specified in the referencingsubpart.

(b) Equipment and operationalrequirements. (1) Each open-endedvalve or line shall be equipped with acap, blind flange, plug, or a secondvalve, except as provided in§ 63.1021(b) and paragraphs (c) and (d)of this section. The cap, blind flange,plug, or second valve shall seal the openend at all times except duringoperations requiring process fluid flowthrough the open-ended valve or line, orduring maintenance. The operationalprovisions of paragraphs (b)(2) and(b)(3) of this section also apply.

(2) Each open-ended valve or lineequipped with a second valve shall beoperated in a manner such that thevalve on the process fluid end is closedbefore the second valve is closed.

(3) When a double block and bleedsystem is being used, the bleed valve orline may remain open during operationsthat require venting the line between theblock valves but shall comply withparagraph (b)(1) of this section at allother times.

(c) Emergency shutdown exemption.Open-ended valves or lines in anemergency shutdown system that aredesigned to open automatically in theevent of a process upset are exemptfrom the requirements of paragraph (b)of this section.

(d) Polymerizing materials exemption.Open-ended valves or lines containingmaterials that would autocatalyticallypolymerize or, would present anexplosion, serious overpressure, or othersafety hazard if capped or equippedwith a double block and bleed system asspecified in paragraph (b) of this sectionare exempt from the requirements ofparagraph (b) of this section.

§ 63.1034 Closed vent systems and controldevices; or emissions routed to a fuel gassystem or process standards.

(a) Compliance schedule. The owneror operator shall comply with thissection no later than the compliancedate specified in the referencingsubpart.

(b) Compliance standard. (1) Ownersor operators of closed vent systems andcontrol devices used to comply with theprovisions of this subpart shall designand operate the closed vent systems andcontrol devices with an efficiencyspecified in the referencing subpart orgreater and shall comply with theprovisions of subpart SS of this part,except as provided in § 63.1037.

(2) Owners or operators routingemissions from equipment leaks to afuel gas system or process shall comply


with the provisions of subpart SS of thispart, except as provided in § 63.1037.

§ 63.1035 Quality improvement programfor pumps.

(a) Criteria. If, on a 6-month rollingaverage, at least the greater of either 10percent of the pumps in a process unitor affected facility (or plant site) or threepumps in a process unit or affectedfacility (or plant site) leak, the owner oroperator shall comply with therequirements specified in paragraphs(a)(1) and (a)(2) of this section.

(1) Pumps that are in food andmedical service or in polymerizingmonomer service shall comply with allrequirements except for those specifiedin paragraph (d)(8) of this section.

(2) Pumps that are not in food andmedical or polymerizing monomerservice shall comply with all of therequirements of this section.

(b) Exiting the QIP. The owner oroperator shall comply with therequirements of this section until thenumber of leaking pumps is less thanthe greater of either 10 percent of thepumps or three pumps, calculated as a6-month rolling average, in the processunit or affected facility (or plant site).Once the performance level is achieved,the owner or operator shall comply withthe requirements in § 63.1026.

(c) Resumption of QIP. If, in asubsequent monitoring period, theprocess unit or affected facility (or plantsite) has greater than 10 percent of thepumps leaking or three pumps leaking(calculated as a 6-month rollingaverage), the owner or operator shallresume the quality improvementprogram starting at performance trials.

(d) QIP requirements. The qualityimprovement program shall meet therequirements specified in paragraphs(d)(1) through (d)(8) of this section.

(1) The owner or operator shallcomply with the requirements in§ 63.1026.

(2) Data collection. The owner oroperator shall collect the data specifiedin paragraphs (d)(2)(i) through (d)(2)(v)of this section and maintain records foreach pump in each process unit oraffected facility (or plant site) subject tothe quality improvement program. Thedata may be collected and the recordsmay be maintained on a process unit,affected facility, or plant site basis.

(i) Pump type (e.g., piston, horizontalor vertical centrifugal, gear, bellows);pump manufacturer; seal type andmanufacturer; pump design (e.g.,external shaft, flanged body); materialsof construction; if applicable, barrierfluid or packing material; and yearinstalled.

(ii) Service characteristics of thestream such as discharge pressure,temperature, flow rate, corrosivity, andannual operating hours.

(iii) The maximum instrumentreadings observed in each monitoringobservation before repair, responsefactor for the stream if appropriate,instrument model number, and date ofthe observation.

(iv) If a leak is detected, the repairmethods used and the instrumentreadings after repair.

(v) If the data will be analyzed as partof a larger analysis program involvingdata from other plants or other types ofprocess units or affected facilities, adescription of any maintenance orquality assurance programs used in theprocess unit or affected facility that areintended to improve emissionperformance.

(3) The owner or operator shallcontinue to collect data on the pumpsas long as the process unit or affectedfacility (or plant site) remains in thequality improvement program.

(4) Pump or pump seal inspection.The owner or operator shall inspect allpumps or pump seals that exhibitedfrequent seal failures and were removedfrom the process unit or affected facilitydue to leaks. The inspection shalldetermine the probable cause of thepump seal failure or of the pump leakand shall include recommendations, asappropriate, for design changes orchanges in specifications to reduce leakpotential.

(5)(i) Data analysis. The owner oroperator shall analyze the data collectedto comply with the requirements ofparagraph (d)(2) of this section todetermine the services, operating ormaintenance practices, and pump orpump seal designs or technologies thathave poorer than average emissionperformance and those that have betterthan average emission performance. Theanalysis shall determine if specifictrouble areas can be identified on thebasis of service, operating conditions ormaintenance practices, equipmentdesign, or other process-specific factors.

(ii) The analysis shall also be used todetermine if there are superiorperforming pump or pump sealtechnologies that are applicable to theservice(s), operating conditions, orpump or pump seal designs associatedwith poorer than average emissionperformance. A superior performingpump or pump seal technology is onewith a leak frequency of less than 10percent for specific applications in theprocess unit, affected facility, or plantsite. A candidate superior performingpump or pump seal technology is onedemonstrated or reported in the

available literature or through a groupstudy as having low emissionperformance and as being capable ofachieving less than 10 percent leakingpumps in the process unit or affectedfacility (or plant site).

(iii) The analysis shall includeconsideration of the informationspecified in paragraphs (d)(5)(iii)(A)through (d)(5)(iii)(C) of this section.

(A) The data obtained from theinspections of pumps and pump sealsremoved from the process unit oraffected facility due to leaks;

(B) Information from the availableliterature and from the experience ofother plant sites that will identify pumpdesigns or technologies and operatingconditions associated with low emissionperformance for specific services; and

(C) Information on limitations on theservice conditions for the pump sealtechnology operating conditions as wellas information on maintenanceprocedures to ensure continued lowemission performance.

(iv) The data analysis may beconducted through an inter-or intra-company program (or through somecombination of the two approaches) andmay be for a single process unit, a plantsite, a company, or a group of processunits.

(v) The first analysis of the data shallbe completed no later than 18 monthsafter the start of the qualityimprovement program. The firstanalysis shall be performed using datacollected for a minimum of 6 months.An analysis of the data shall be doneeach year the process unit or affectedfacility is in the quality improvementprogram.

(6) Trial evaluation program. A trialevaluation program shall be conductedat each plant site for which the dataanalysis does not identify use ofsuperior performing pump sealtechnology or pumps that can beapplied to the areas identified as havingpoorer than average performance, exceptas provided in paragraph (d)(6)(v) of thissection. The trial program shall be usedto evaluate the feasibility of using in theprocess unit or affected facility (or plantsite) the pump designs or sealtechnologies, and operating andmaintenance practices that have beenidentified by others as having lowemission performance.

(i) The trial evaluation program shallinclude on-line trials of pump sealtechnologies or pump designs andoperating and maintenance practicesthat have been identified in theavailable literature or in analysis byothers as having the ability to performwith leak rates below 10 percent insimilar services, as having low


probability of failure, or as having noexternal actuating mechanism in contactwith the process fluid. If any of thecandidate superior performing pumpseal technologies or pumps is notincluded in the performance trials, thereasons for rejecting specifictechnologies from consideration shall bedocumented as required in paragraph(e)(1)(ii) of this section.

(ii) The number of pump sealtechnologies or pumps in the trialevaluation program shall be the lesser of1 percent or two pumps for programsinvolving single process units oraffected facilities and the lesser of 1percent or five pumps for programsinvolving a plant site or groups ofprocess units or affected facilities. Theminimum number of pumps or pumpseal technologies in a trial program shallbe one.

(iii) The trial evaluation program shallspecify and include documentation ofthe information specified in paragraphs(d)(6)(iii)(A) through (d)(6)(iii)(D) of thissection.

(A) The candidate superiorperforming pump seal designs ortechnologies to be evaluated, the stagesfor evaluating the identified candidatepump designs or pump sealtechnologies, including the time periodnecessary to test the applicability;

(B) The frequency of monitoring orinspection of the equipment;

(C) The range of operating conditionsover which the component will beevaluated; and (D) Conclusionsregarding the emission performance andthe appropriate operating conditionsand services for the trial pump sealtechnologies or pumps.

(iv) The performance trials shallinitially be conducted, at least, for a 6-month period beginning not later than18 months after the start of the qualityimprovement program. No later than 24months after the start of the qualityimprovement program, the owner oroperator shall have identified pump sealtechnologies or pump designs that,combined with appropriate process,operating, and maintenance practices,operate with low emission performancefor specific applications in the processunit or affected facility. The owner oroperator shall continue to conductperformance trials as long as no superiorperforming design or technology hasbeen identified, except as provided inparagraph (d)(6)(vi) of this section. Theinitial list of superior emissionperformance pump designs or pumpseal technologies shall be amended inthe future, as appropriate, as additionalinformation and experience areobtained.

(v) Any plant site with fewer than 400valves and owned by a corporation withfewer than 100 employees shall beexempt from trial evaluations of pumpseals or pump designs. Plant sitesexempt from the trial evaluations ofpumps shall begin the pump seal orpump replacement program at the startof the fourth year of the qualityimprovement program.

(vi) An owner or operator who hasconducted performance trials on allalternative superior emissionperformance technologies suitable forthe required applications in the processunit or affected facility may stopconducting performance trials providedthat a superior performing design ortechnology has been demonstrated orthere are no technically feasiblealternative superior technologiesremaining. The owner or operator shallprepare an engineering evaluationdocumenting the physical, chemical, orengineering basis for the judgment thatthe superior emission performancetechnology is technically infeasible ordemonstrating that it would not reduceemissions.

(7) Quality assurance program. Eachowner or operator shall prepare andimplement a pump quality assuranceprogram that details purchasingspecifications and maintenanceprocedures for all pumps and pumpseals in the process unit or affectedfacility. The quality assurance programmay establish any number of categories,or classes, of pumps as needed todistinguish among operating conditionsand services associated with poorer thanaverage emission performance as well asthose associated with better thanaverage emission performance. Thequality assurance program shall bedeveloped considering the findings ofthe data analysis required underparagraph (d)(5) of this section, ifapplicable, the findings of the trialevaluation required in paragraph (d)(6)of this section, and the operatingconditions in the process unit oraffected facility. The quality assuranceprogram shall be updated each year aslong as the process unit or affectedfacility has the greater of either 10percent or more leaking pumps or hasthree leaking pumps.

(i) The quality assurance programshall meet the requirements specified inparagraphs (d)(7)(i)(A) through(d)(7)(i)(D) of this section.

(A) Establish minimum designstandards for each category of pumps orpump seal technology. The designstandards shall specify known criticalparameters such as tolerance,manufacturer, materials of construction,

previous usage, or other applicableidentified critical parameters;

(B) Require that all equipment ordersspecify the design standard (orminimum tolerances) for the pump orthe pump seal;

(C) Provide for an audit procedure forquality control of purchased equipmentto ensure conformance with purchasespecifications. The audit program maybe conducted by the owner or operatorof the plant site or process unit oraffected facility, or by a designatedrepresentative; and

(D) Detail off-line pump maintenanceand repair procedures. Theseprocedures shall include provisions toensure that rebuilt or refurbished pumpsand pump seals will meet the designspecifications for the pump categoryand will operate so that emissions areminimized.

(ii) The quality assurance programshall be established no later than thestart of the third year of the qualityimprovement program for plant siteswith 400 or more valves or 100 or moreemployees; and no later than the start ofthe fourth year of the qualityimprovement program for plant siteswith less than 400 valves and less than100 employees.

(8) Pump or pump seal replacement.Three years after the start of the qualityimprovement program for plant siteswith 400 or more valves or 100 or moreemployees and at the start of the fourthyear of the quality improvementprogram for plant sites with less than400 valves and less than 100 employees,the owner or operator shall replace, asdescribed in paragraphs (d)(8)(i) and(d)(8)(ii) of this section, the pumps orpump seals that are not superioremission performance technology withpumps or pump seals that have beenidentified as superior emissionperformance technology and thatcomply with the quality assurancestandards for the pump category.Superior emission performancetechnology is that category or design ofpumps or pump seals with emissionperformance that when combined withappropriate process, operating, andmaintenance practices, will result inless than 10 percent leaking pumps forspecific applications in the process unit,affected facility, or plant site. Superioremission performance technologyincludes material or design changes tothe existing pump, pump seal, sealsupport system, installation of multiplemechanical seals or equivalent, or pumpreplacement.

(i) Pumps or pump seals shall bereplaced at the rate of 20 percent peryear based on the total number ofpumps in light liquid service. The


calculated value shall be rounded to thenearest nonzero integer value. Theminimum number of pumps or pumpseals shall be one. Pump replacementshall continue until all pumps subject tothe requirements of § 63.1026 are pumpsdetermined to be superior performancetechnology.

(ii) The owner or operator may delayreplacement of pump seals or pumpswith superior technology until the nextplanned process unit or affected facilityshutdown, provided the number ofpump seals and pumps replaced isequivalent to the 20 percent or greaterannual replacement rate.

(iii) The pumps shall be maintainedas specified in the quality assuranceprogram.

(e) QIP recordkeeping. In addition tothe records required by paragraph (d)(2)of this section, the owner or operatorshall maintain records for the period ofthe quality improvement program forthe process unit or affected facility asspecified in paragraphs (e)(1) through(e)(6) of this section.

(1) When using a pump qualityimprovement program as specified inthis section, record the informationspecified in paragraphs (e)(1)(i) through(e)(1)(iii) of this section.

(i) The rolling average percent leakingpumps.

(ii) Documentation of all inspectionsconducted under the requirements ofparagraph (d)(4) of this section, and anyrecommendations for design orspecification changes to reduce leakfrequency.

(iii) The beginning and ending dateswhile meeting the requirements ofparagraph (d) of this section.

(2) If a leak is not repaired within 15calendar days after discovery of theleak, the reason for the delay and theexpected date of successful repair.

(3) Records of all analyses required inparagraph (d) of this section. Therecords will include the informationspecified in paragraphs (e)(3)(i) through(e)(3)(iv) of this section.

(i) A list identifying areas associatedwith poorer than average performanceand the associated servicecharacteristics of the stream, theoperating conditions and maintenancepractices.

(ii) The reasons for rejecting specificcandidate superior emission performingpump technology from performancetrials.

(iii) The list of candidate superioremission performing valve or pumptechnologies, and documentation of theperformance trial program itemsrequired under paragraph (d)(6)(iii) ofthis section.

(iv) The beginning date and durationof performance trials of each candidatesuperior emission performingtechnology.

(4) All records documenting thequality assurance program for pumps asspecified in paragraph (d)(7) of thissection, including records indicatingthat all pumps replaced or modifiedduring the period of the qualityimprovement program are incompliance with the quality assurance.

(5) Records documenting compliancewith the 20 percent or greater annualreplacement rate for pumps as specifiedin paragraph (d)(8) of this section.

(6) Information and data to show thecorporation has fewer than 100employees, including employeesproviding professional and technicalcontracted services.

§ 63.1036 Alternative means of emissionlimitation: Batch processes.

(a) General requirement. As analternative to complying with therequirements of §§ 63.1025 through63.1033 and § 63.1035, an owner oroperator of a batch process that operatesin regulated material service during thecalendar year may comply with one ofthe standards specified in paragraphs (b)and (c) of this section, or the owner oroperator may petition for approval of analternative standard under theprovisions of § 63.1021(b). Thealternative standards of this sectionprovide the options of pressure testingor monitoring the equipment for leaks.The owner or operator may switchamong the alternatives provided thechange is documented as specified inparagraph (b)(7) of this section.

(b) Pressure testing of the batchequipment. The following requirementsshall be met if an owner or operatorelects to use pressure testing of batchproduct-process equipment todemonstrate compliance with thissubpart.

(1) Reconfiguration. Each timeequipment is reconfigured forproduction of a different product orintermediate, the batch product-processequipment train shall be pressure-testedfor leaks before regulated material isfirst fed to the equipment and theequipment is placed in regulatedmaterial service.

(i) When the batch product-processequipment train is reconfigured toproduce a different product, pressuretesting is required only for the new ordisturbed equipment.

(ii) Each batch product process thatoperates in regulated material serviceduring a calendar year shall be pressure-tested at least once during that calendaryear.

(iii) Pressure testing is not requiredfor routine seal breaks, such as changinghoses or filters, that are not part of thereconfiguration to produce a differentproduct or intermediate.

(2) Testing procedures. The batchproduct process equipment shall betested either using the proceduresspecified in paragraph (b)(5) of thissection for pressure vacuum loss or witha liquid using the procedures specifiedin paragraph (b)(6) of this section.

(3) Leak detection. (i) For pressure orvacuum tests using a gas, a leak isdetected if the rate of change in pressureis greater than 6.9 kilopascals (1 poundper square inch gauge) in 1 hour or ifthere is visible, audible, or olfactoryevidence of fluid loss.

(ii) For pressure tests using a liquid,a leak is detected if there are indicationsof liquids dripping or if there is otherevidence of fluid loss.

(4) Leak repair. (i) If a leak is detected,it shall be repaired and the batchproduct-process equipment shall beretested before start-up of the process.

(ii) If a batch product-process fails theretest or the second of two consecutivepressure tests, it shall be repaired assoon as practical, but not later than 30calendar days after the second pressuretest except as specified in paragraph (e)of this section.

(5) Gas pressure test procedure forpressure or vacuum loss. Theprocedures specified in paragraphs(b)(5)(i) through (b)(5)(v) of this sectionshall be used to pressure test batchproduct-process equipment for pressureor vacuum loss to demonstratecompliance with the requirements ofparagraph (b)(3)(i) of this section.

(i) The batch product-processequipment train shall be pressurizedwith a gas to a pressure less than the setpressure of any safety relief devices orvalves or to a pressure slightly above theoperating pressure of the equipment, oralternatively the equipment shall beplaced under a vacuum.

(ii) Once the test pressure is obtained,the gas source or vacuum source shallbe shut off.

(iii) The test shall continue for notless than 15 minutes unless it can bedetermined in a shorter period of timethat the allowable rate of pressure dropor of pressure rise was exceeded. Thepressure in the batch product-processequipment shall be measured after thegas or vacuum source is shut off and atthe end of the test period. The rate ofchange in pressure in the batch product-process equipment shall be calculatedusing the following equation:

∆ P t P P t t Eqf i f i/ / [ . ]( ) = −( ) −( ) 5


Where:>(P/t) = Change in pressure, pounds

per square inch gauge per hour.Pf = Final pressure, pounds per square

inch gauge.Pi = Initial pressure, pounds per square

inch gauge.tf ¥ ti = Elapsed time, hours.

(iv) The pressure shall be measuredusing a pressure measurement device(gauge, manometer, or equivalent) thathas a precision of ±2.5 millimetermercury (0.10 inch of mercury) in therange of test pressure and is capable ofmeasuring pressures up to the relief setpressure of the pressure relief device. Ifsuch a pressure measurement device isnot reasonably available, the owner oroperator shall use a pressuremeasurement device with a precision ofat least ± 10 percent of the test pressureof the equipment and shall extend theduration of the test for the timenecessary to detect a pressure loss orrise that equals a rate of 1 pound persquare inch gauge per hour (7kilopascals per hour).

(v) An alternative procedure may beused for leak testing the equipment ifthe owner or operator demonstrates thealternative procedure is capable ofdetecting a pressure loss or rise.

(6) Pressure test procedure using testliquid. The procedures specified inparagraphs (b)(6)(i) through (b)(g)(iv) ofthis section shall be used to pressure-test batch product-process equipmentusing a liquid to demonstratecompliance with the requirements ofparagraph (b)(3)(ii) of this section.

(i) The batch product-processequipment train, or section of theequipment train, shall be filled with thetest liquid (e.g., water, alcohol) untilnormal operating pressure is obtained.Once the equipment is filled, the liquidsource shall be shut off.

(ii) The test shall be conducted for aperiod of at least 60 minutes, unless itcan be determined in a shorter period oftime that the test is a failure.

(iii) Each seal in the equipment beingtested shall be inspected for indicationsof liquid dripping or other indicationsof fluid loss. If there are any indicationsof liquids dripping or of fluid loss, aleak is detected.

(iv) An alternative procedure may beused for leak testing the equipment, ifthe owner or operator demonstrates thealternative procedure is capable ofdetecting losses of fluid.

(7) Pressure testing recordkeeping.The owner or operator of a batchproduct process who elects to pressuretest the batch product processequipment train to demonstratecompliance with this subpart shall

maintain records of the informationspecified in paragraphs (b)(7)(i) through(b)(7)(v) of this section.

(i) The identification of each product,or product code, produced during thecalendar year. It is not necessary toidentify individual items of equipmentin a batch product process equipmenttrain.

(ii) Physical tagging of the equipmentto identify that it is in regulated materialservice and subject to the provisions ofthis subpart is not required. Equipmentin a batch product process subject to theprovisions of this subpart may beidentified on a plant site plan, in logentries, or by other appropriatemethods.

(iii) The dates of each pressure testrequired in paragraph (b) of this section,the test pressure, and the pressure dropobserved during the test.

(iv) Records of any visible, audible, orolfactory evidence of fluid loss.

(v) When a batch product processequipment train does not pass twoconsecutive pressure tests, theinformation specified in paragraphs(b)(7)(v)(A) through (b)(7)(v)(E) of thissection shall be recorded in a log andkept for 2 years:

(A) The date of each pressure test andthe date of each leak repair attempt.

(B) Repair methods applied in eachattempt to repair the leak.

(C) The reason for the delay of repair.(D) The expected date for delivery of

the replacement equipment and theactual date of delivery of thereplacement equipment; and

(E) The date of successful repair.(c) Equipment monitoring. The

following requirements shall be met ifan owner or operator elects to monitorthe equipment in a batch process todetect leaks by the method specified in§ 63.1023(b) to demonstrate compliancewith this subpart.

(1) The owner or operator shallcomply with the requirements of§§ 63.1025 through 63.1035 as modifiedby paragraphs (c)(2) through (c)(4) ofthis section.

(2) The equipment shall be monitoredfor leaks by the method specified in§ 63.1023(b) when the equipment is inregulated material service or is in usewith any other detectable material.

(3) The equipment shall be monitoredfor leaks as specified in paragraphs(c)(3)(i) through (c)(3)(iv) of this section.

(i) Each time the equipment isreconfigured for the production of a newproduct, the reconfigured equipmentshall be monitored for leaks within 30days of start-up of the process. Thisinitial monitoring of reconfiguredequipment shall not be included in

determining percent leaking equipmentin the process unit or affected facility.

(ii) Connectors shall be monitored inaccordance with the requirements in§ 63.1027.

(iii) Equipment other than connectorsshall be monitored at the frequenciesspecified in table 1. The operating timeshall be determined as the proportion ofthe year the batch product-process thatis subject to the provisions of thissubpart is operating.

(iv) The monitoring frequenciesspecified in paragraph (c)(3)(iii) of thissection are not requirements formonitoring at specific intervals and canbe adjusted to accommodate processoperations. An owner or operator maymonitor anytime during the specifiedmonitoring period (e.g., month, quarter,year), provided the monitoring isconducted at a reasonable interval aftercompletion of the last monitoringcampaign. For example, if theequipment is not operating during thescheduled monitoring period, themonitoring can be done during the nextperiod when the process is operating.

(4) If a leak is detected, it shall berepaired as soon as practical but notlater than 15 calendar days after it isdetected, except as provided inparagraph (e) of this section.

(d) Added equipment recordkeeping.(1) For batch product-process units oraffected facilities that the owner oroperator elects to monitor as providedunder paragraph (c) of this section, theowner or operator shall prepare a list ofequipment added to batch productprocess units or affected facilities sincethe last monitoring period required inparagraphs (c)(3)(ii) and (3)(iii) of thissection.

(2) Maintain records demonstratingthe proportion of the time during thecalendar year the equipment is in use ina batch process that is subject to theprovisions of this subpart. Examples ofsuitable documentation are records oftime in use for individual pieces ofequipment or average time in use for theprocess unit or affected facility. Theserecords are not required if the owner oroperator does not adjust monitoringfrequency by the time in use, asprovided in paragraph (c)(3)(iii) of thissection.

(3) Record and keep pursuant to thereferencing subpart and this subpart, thedate and results of the monitoringrequired in paragraph (c)(3)(i) of thissection for equipment added to a batchproduct-process unit or affected facilitysince the last monitoring periodrequired in paragraphs (c)(3)(ii) and(c)(3)(iii) of this section. If no leakingequipment is found during thismonitoring, the owner or operator shall


record that the inspection wasperformed. Records of the actualmonitoring results are not required.

(e) Delay of repair. Delay of repair ofequipment for which leaks have beendetected is allowed if the replacementequipment is not available providing theconditions specified in paragraphs (e)(1)and (e)(2) of this section are met.

(1) Equipment supplies have beendepleted and supplies had beensufficiently stocked before the supplieswere depleted.

(2) The repair is made no later than10 calendar days after delivery of thereplacement equipment.

(f) Periodic report contents. Forowners or operators electing to meet therequirements of paragraph (b) of thissection, the Periodic Report to be filedpursuant to § 63.1039(b) shall includethe information listed in paragraphs(f)(1) through (f)(4) of this section foreach process unit.

(1) Batch product process equipmenttrain identification;

(2) The number of pressure testsconducted;

(3) The number of pressure testswhere the equipment train failed thepressure test; and

(4) The facts that explain any delay ofrepairs.

§ 63.1037 Alternative means of emissionlimitation: Enclosed-vented process unitsor affected facilities.

(a) Use of closed vent system andcontrol device. Process units or affectedfacilities enclosed in such a manner thatall emissions from equipment leaks arevented through a closed vent system toa control device meeting therequirements of either § 63.1034 or§ 63.1021(b) are exempt from therequirements of §§ 63.1025 through63.1035. The enclosure shall bemaintained under a negative pressure atall times while the process unit oraffected facility is in operation to ensurethat all emissions are routed to a controldevice.

(b) Recordkeeping. Owners andoperators choosing to comply with therequirements of this section shallmaintain the records specified inparagraphs (b)(1) through (b)(3) of thissection.

(1) Identification of the process unit(s)or affected facilities and the regulatedmaterials they handle.

(2) A schematic of the process unit oraffected facility, enclosure, and closedvent system.

(3) A description of the system usedto create a negative pressure in theenclosure to ensure that all emissionsare routed to the control device.

§ 63.1038 Recordkeeping requirements.

(a) Recordkeeping system. An owneror operator of more than one regulatedsource subject to the provisions of thissubpart may comply with therecordkeeping requirements for theseregulated sources in one recordkeepingsystem. The recordkeeping system shallidentify each record by regulated sourceand the type of program beingimplemented (e.g., quarterly monitoring,quality improvement) for each type ofequipment. The records required by thissubpart are summarized in paragraphs(b) and (c) of this section.

(b) General equipment leak records.(1) As specified in § 63.1022(a) through(c), the owner or operator shall keepgeneral and specific equipmentidentification if the equipment is notphysically tagged and the owner oroperator is electing to identify theequipment subject to this subpartthrough written documentation such asa log or other designation.

(2) The owner or operator shall keepa written plan as specified in§ 63.1022(c)(4) for any equipment that isdesignated as unsafe- or difficult-to-monitor.

(3) The owner or operator shallmaintain a record of the identity and anexplanation as specified in§ 63.1022(d)(2) for any equipment that isdesignated as unsafe-to-repair.

(4) As specified in § 63.1022(e), theowner or operator shall maintain theidentity of compressors operating withan instrument reading of less than 500parts per million.

(5) The owner or operator shall keeprecords associated with thedetermination that equipment is inheavy liquid service as specified in§ 63.1022(f).

(6) The owner or operator shall keeprecords for leaking equipment asspecified in § 63.1023(e)(2).

(7) The owner or operator shall keeprecords for leak repair as specified in§ 63.1024(f) and records for delay ofrepair as specified in § 63.1024(d).

(c) Specific equipment leak records.(1) For valves, the owner or operatorshall maintain the records specified inparagraphs (c)(1)(i) and (c)(1)(ii) of thissection.

(i) The monitoring schedule for eachprocess unit as specified in§ 63.1025(b)(3)(i).

(ii) The valve subgrouping recordsspecified in § 63.1025(b)(4)(iv), ifapplicable.

(2) For pumps, the owner or operatorshall maintain the records specified inparagraphs (c)(2)(i) through (c)(2)(iii) ofthis section.

(i) Documentation of pump visualinspections as specified in§ 63.1026(b)(4).

(ii) Documentation of dualmechanical seal pump visualinspections as specified in§ 63.1026(e)(1)(v).

(iii) For the criteria as to the presenceand frequency of drips for dualmechanical seal pumps, records of thedesign criteria and explanations and anychanges and the reason for the changes,as specified in § 63.1026(e)(1)(i).

(3) For connectors, the owner oroperator shall maintain the monitoringschedule for each process unit asspecified in § 63.1027(b)(3).

(4) For the criteria as to the presenceand frequency of drips for agitators, theowner or operator shall keep records ofthe design criteria and explanations andany changes and the reason for thechanges, as specified in§ 63.1028(e)(1)(vi).

(5) For pressure relief devices in gasand vapor or light liquid service, theowner or operator shall keep records ofthe dates and results of monitoringfollowing a pressure release, asspecified in § 63.1030(c)(3).

(6) For compressors, the owner oroperator shall maintain the recordsspecified in paragraphs (c)(6)(i) and(c)(6)(ii) of this section.

(i) For criteria as to failure of the sealsystem and/or the barrier fluid system,record the design criteria andexplanations and any changes and thereason for the changes, as specified in§ 63.1031(d)(2).

(ii) For compressors operating underthe alternative compressor standard,record the dates and results of eachcompliance test as specified in§ 63.1031(f)(2).

(7) For a pump QIP program, theowner or operator shall maintain therecords specified in paragraphs (c)(7)(i)through (c)(7)(v) of this section.

(i) Individual pump records asspecified in § 63.1035(d)(2).

(ii) Trial evaluation programdocumentation as specified in§ 63.1035(d)(6)(iii).

(iii) Engineering evaluationdocumenting the basis for judgment thatsuperior emission performancetechnology is not applicable as specifiedin § 63.1035(d)(6)(vi).

(iv) Quality assurance programdocumentation as specified in§ 63.1035(d)(7).

(v) QIP records as specified in§ 63.1035(e).

(8) For process units complying withthe batch process unit alternative, theowner or operator shall maintain therecords specified in paragraphs (c)(8)(i)and (c)(8)(ii) of this section.


(i) Pressure test records as specified in§ 63.1036(b)(7).

(ii) Records for equipment added tothe process unit as specified in§ 63.1036(d).

(9) For process units complying withthe enclosed-vented process unitalternative, the owner or operator shallmaintain the records for enclosed-vented process units as specified in§ 63.1037(b).

§ 63.1039 Reporting requirements.(a) Initial compliance status report.

Each owner or operator shall submit aninitial compliance status reportaccording to the procedures in thereferencing subpart. The notificationshall include the information listed inparagraphs (a)(1) through (a)(3) of thissection, as applicable.

(1) The notification shall provide theinformation listed in paragraphs (a)(1)(i)through (a)(1)(iv) of this section for eachprocess unit or affected facility subjectto the requirements of this subpart.


(ii) Number of each equipment type(e.g., valves, pumps) excludingequipment in vacuum service.

(iii) Method of compliance with thestandard (e.g., ‘‘monthly leak detectionand repair’’ or ‘‘equipped with dualmechanical seals’’).

(iv) Planned schedule forrequirements in §§ 63.1025 and 63.1026.

(2) The notification shall provide theinformation listed in paragraphs (a)(2)(i)and (a)(2)(ii) of this section for eachprocess unit or affected facility subjectto the requirements of § 63.1036(b).

(i) Batch products or product codessubject to the provisions of this subpart,and

(ii) Planned schedule for pressuretesting when equipment is configuredfor production of products subject to theprovisions of this subpart.

(3) The notification shall provide theinformation listed in paragraphs (a)(3)(i)and (a)(3)(ii) of this section for eachprocess unit or affected facility subjectto the requirements in § 63.1037.


(ii) A description of the system usedto create a negative pressure in theenclosure and the control device used tocomply with the requirements ofsubpart SS of this part.

(b) Periodic reports. The owner oroperator shall report the informationspecified in paragraphs (b)(1) through(b)(6) of this section, as applicable, inthe Periodic Report specified in thereferencing subpart.

(1) For the equipment specified inparagraphs (b)(1)(i) through (b)(1)(v) ofthis section, report in a summary formatby equipment type, the number ofcomponents for which leaks weredetected and for valves, pumps andconnectors show the percent leakers,and the total number of componentsmonitored. Also include the number ofleaking components that were notrepaired as required by § 63.1024, andfor valves and connectors, identify thenumber of components that aredetermined by § 63.1025(c)(3) to benonrepairable.

(i) Valves in gas and vapor service andin light liquid service pursuant to§ 63.1025 (b) and (c).

(ii) Pumps in light liquid servicepursuant to § 63.1026 (b) and (c).

(iii) Connectors in gas and vaporservice and in light liquid servicepursuant to § 63.1027 (b) and (c).

(iv) Agitators in gas and vapor serviceand in light liquid service pursuant to§ 63.1028(b).

(v) Compressors pursuant to§ 63.1031.

(2) Where any delay of repair isutilized pursuant to § 63.1024(d), reportthat delay of repair has occurred andreport the number of instances of delayof repair.

(3) If applicable, report the valvesubgrouping information specified in§ 63.1025(b)(4)(iv).

(4) For pressure relief devices in gasand vapor service pursuant to§ 63.1030(b) and for compressorspursuant to § 63.1031(f) that are to beoperated at a leak detection instrumentreading of less than 500 parts permillion, report the results of allmonitoring to show complianceconducted within the semiannualreporting period.

(5) Report, if applicable, the initiationof a monthly monitoring program forvalves pursuant to § 63.1025(b)(3)(i).

(6) Report, if applicable, the initiationof a quality improvement program forpumps pursuant to § 63.1035.

(7) Where the alternative means ofemissions limitation for batch processesis utilized, report the information listedin § 63.1036(f).

(8) Report the information listed inparagraph (a) of this section for theInitial Compliance Status Report forprocess units or affected facilities withlater compliance dates. Report anyrevisions to items reported in an earlierInitial Compliance Status Report if themethod of compliance has changedsince the last report.

TABLE 1.—BATCH PROCESSES MONITORING FREQUENCY FOR EQUIPMENT OTHER THAN CONNECTORS

Operating time(% of year)

Equivalent continuous process monitoring frequency time in use

Monthly Quarterly Semiannually

0 to <25% ............................................................................................... Quarterly .................... Annually ..................... Annually.25 to <50% ............................................................................................... Quarterly .................... Semiannually ............. Annually.50 to <75% ............................................................................................... Bimonthly ................... Three times ............... Semiannually.75 to 100% ............................................................................................... Monthly ...................... Quarterly .................... Semiannually.

5. Part 63 is amended by addingsubpart WW as follows:

Subpart WW—National Emission Standardsfor Storage Vessels (Tanks)—ControlLevel 2

Sec.

63.1060 Applicability.63.1061 Definitions.63.1062 Storage vessel control

requirements..63.1063 Floating roof requirements.

63.1064 Pressurized storage vesselrequirements.

63.1065 Enclosure requirements.63.1066 Alternative means of emission

limitation.63.1067 Procedure for determining no

detectable emissions.63.1068 Recordkeeping requirements.63.1069 Reporting requirements.


(a) The provisions of this subpartapply to the control of air emissions

from storage vessels for which anothersubpart references the use of thissubpart for such air emission control.These air emission standards for storagevessels are placed here foradministrative convenience and onlyapply to those owners and operators offacilities subject to a referencingsubpart. The provisions of 40 CFR part63, subpart A (General Provisions) donot apply to this subpart except as notedin the referencing subpart.


(b) If a physical process change ismade that causes a storage vessel to falloutside the criteria in the referencingsubpart that required the storage vesselto control emissions of regulatedmaterial, the owner or operator mayelect to comply with the provisions forthe storage vessels not subject to controlcontained in the referencing subpartinstead of the provisions of this subpart.

§ 63.1061 Definitions.All terms used in this subpart shall

have the meaning given them in the Actand in this section.

Capacity means the volume of liquidthat is capable of being stored in avessel, based on the vessel’s diameterand external shell height.

Deck cover means a device whichcovers an opening in a floating roofdeck. There is a gasket between thecover and the deck. Some deck coversmove horizontally with respect to thedeck (i.e., a sliding cover).

Empty or emptying means the removalof some or all of the stored liquid froma storage vessel. Storage vessels wherestored liquid is left on the walls, asbottom clingage, or in pools due tobottom irregularities are consideredempty. Lowering of the stored liquidlevel, such that the floating roof isresting on its legs, as necessitated bynormal vessel operation (for example, tominimize contamination when changingstored material or when transferringmaterial out of the vessel for shipment)is not considered emptying.

External floating roof or EFR means afloating roof located in a storage vesselwithout a fixed roof.

Fill or filling means the introductionof regulated material into a storagevessel, but not necessarily to completecapacity.

Fixed roof means a roof that ismounted (i.e., permanently affixed) on astorage vessel that does not move withfluctuations in stored liquid level.

Flexible fabric sleeve seal means aseal made of an elastomeric fabric (orother material) which covers an openingin a floating roof deck, and whichallows the penetration of a pole, such asa fixed roof support column or aguidepole. The seal is attached to therim of the deck opening and extends tothe outer surface of the pole. The sealis draped (but does not contact thestored liquid) to allow the horizontalmovement of the deck relative to thepole.

Floating roof means a roof that floatson the surface of the liquid in a storagevessel. A floating roof substantiallycovers the stored liquid surface (but isnot necessarily in contact with theentire surface), and is comprised of a

deck, a rim seal, and miscellaneousdeck fittings.

Initial fill or initial filling means thefirst introduction of regulated materialinto a storage vessel, or the introductionof regulated material into a storagevessel that has been out of (regulated-material) service for a year or longer.

Internal floating roof or IFR means afloating roof located in a storage vesselwith a fixed roof. For the purposes ofthis subpart, an external floating rooflocated in a storage vessel to which afixed roof has been added is consideredto be an internal floating roof.

Liquid-mounted seal means a resilientor liquid-filled rim seal designed tocontact the stored liquid.

Mechanical shoe seal or metallic shoeseal means a rim seal consisting of aband of metal (or other suitablematerial) as the sliding contact with thewall of the storage vessel, and a fabricseal to close the annular space betweenthe band and the rim of the floating roofdeck. The band is typically formed as aseries of sheets (shoes) that areoverlapped or joined together to form aring. The lower end of the band extendsinto the stored liquid.

Pole float means a float located insidea guidepole that floats on the surface ofthe stored liquid. The rim of the floathas a wiper or seal that extends to theinner surface of the pole, and that is ator above the height of the deck cover.

Pole sleeve means a device whichextends from the opening in a floatingroof deck or deck cover to the outersurface of a pole. The sleeve extendsinto the stored liquid.

Pole wiper means a seal that extendsfrom the rim of the opening in a floatingroof deck cover to the outer surface ofa pole.

Referencing subpart means thesubpart that refers an owner or operatorto this subpart.

Regulated material means liquids thatare regulated by a referencing subpart.

Rim seal means a device attached tothe rim of a floating roof deck that spansthe annular space between the deck andthe wall of the storage vessel. When afloating roof has only one such device,it is a primary seal; when there are twoseals (one mounted above the other), thelower seal is the primary seal and theupper seal is the secondary seal.

Slotted guidepole means a guidepoleor gaugepole that has slots or holesthrough the wall of the pole. The slotsor holes allow the stored liquid to flowinto the pole at all floating roof heights.

Storage vessel or Tank means astationary unit that is constructedprimarily of nonearthen materials (suchas wood, concrete, steel, fiberglass, orplastic) which provide structural

support and is designed to hold anaccumulation of liquids or othermaterials.

Vapor-mounted seal means a rim sealdesigned not to be in contact with thestored liquid. Vapor-mounted seals mayinclude, but are not limited to, resilientseals and flexible wiper seals.

§ 63.1062 Storage vessel controlrequirements.

(a) For each storage vessel to whichthis subpart applies, the owner oroperator shall comply with one of therequirements listed in paragraphs (a)(1)through (a)(8) of this section.

(1) Operate and maintain an IFR.(2) Operate and maintain an EFR.(3) Closed vent system and flare.

Operate and maintain a closed ventsystem and flare as specified in subpartSS of this part. Periods of plannedroutine maintenance of the flare duringwhich the flare does not meet thespecifications of subpart SS of this partshall not exceed 72 hours per year.

(4) Closed vent system and controldevice. Operate and maintain a closedvent system and control device asspecified in paragraphs (a)(4)(i) and(a)(4)(ii) of this section and subpart SSof this part.

(i) The control device shall bedesigned and operated to reduce inletemissions of regulated material.

(ii) Periods of planned routinemaintenance of the control device shallnot exceed 72 hours per year. Theowner or operator shall report periods ofplanned routine maintenance asspecified in subpart SS of this part.

(5) Route to a process or fuel gassystem. Route the emissions to a processor fuel gas system as provided insubpart SS of this part.

(6) Equivalent requirements. Complywith an equivalent to the requirementsin paragraph (a)(1) or (a)(2) of thissection, as provided in § 63.1066.

(7) Pressurized storage vessel. Operatea pressurized storage vessel inaccordance with the requirementsspecified in § 63.1064; or

(8) Enclosure. Operate and maintainthe storage vessel inside an enclosurethat is vented through a closed ventsystem to an enclosed combustioncontrol device in accordance with therequirements specified in § 63.1065.

§ 63.1063 Floating roof requirements.The owner or operator who elects to

use a floating roof to comply with therequirements of § 63.1062 shall complywith the requirements in paragraphs (a)through (e) of this section.

(a) Design requirements.—(1) Rimseals.—

(i) Internal floating roof. An IFR shallbe equipped with one of the devices


listed in paragraphs (a)(1)(i)(A) through(a)(1)(i)(C) of this section.

(A) A liquid-mounted seal.(B) A mechanical shoe seal.(C) Two seals mounted one above the

other. The lower seal may be vapor-mounted.

(D) If the IFR is equipped with avapor-mounted seal as of the proposaldate for a referencing subpart,paragraphs (a)(1)(i)(A) through(a)(1)(i)(C) of this section do not applyuntil the next time the storage vessel isemptied and degassed, or 10 years afterpromulgation of the referencing subpart,whichever occurs first.

(ii) External floating roof. An EFRshall be quipped with one of the deviceslisted in paragraphs (a)(1)(ii)(A) and(a)(1)(ii)(B) of this section.

(A) A liquid-mounted seal and asecondary seal.

(B) A mechanical shoe seal and asecondary seal. The upper end of theshoe(s) shall extend a minimum of 61centimeters (24 inches) above the storedliquid surface.

(C) If the EFR is equipped with aliquid-mounted seal or mechanical shoeseal, or a vapor-mounted seal andsecondary seal, as of the proposal datefor a referencing subpart, the sealoptions specified in paragraphs(a)(1)(ii)(A) and (a)(1)(ii)(B) of thissection do not apply until the next timethe storage vessel is emptied anddegassed, or 10 years after thepromulgation date of the referencingsubpart, whichever occur first.

(2) Deck Fittings. Openings throughthe deck of the floating roof shall beequipped as described in paragraphs(a)(2)(i) through (a)(2)(viii) of thissection.

(i) Each opening except those forautomatic bleeder vents (vacuumbreaker vents) and rim space vents shallhave its lower edge below the surface ofthe stored liquid.

(ii) Each opening except those forautomatic bleeder vents (vacuumbreaker vents), rim space vents, legsleeves, fixed roof support columns,sample wells, guidepoles, and deckdrains shall be equipped with a deckcover.

(iii) Each automatic bleeder vent(vacuum breaker vent) and rim spacevent shall be equipped with a gasket.

(iv) Each opening for a fixed roofsupport column shall be equipped witha flexible fabric sleeve seal or a deckcover.

(v) Each opening for a sample well ordeck drain (that empties into the storedliquid) shall be equipped with a slitfabric seal or similar device that coversat least 90 percent of the opening.

(vi) Each cover on access hatches andgauge float wells shall be designed to bebolted or fastened when closed.

(vii) Each opening for an unslottedguidepole shall be equipped with thedevices specified in paragraphs(a)(2)(vii)(A) and (a)(2)(vii)(B) of thissection.

(A) A gasketed cap on the top of theguidepole which is closed at all timesexcept when gauging the liquid level ortaking liquid samples.

(B) The well shall be quipped withone of the devices specified inparagraphs (a)(2)(vii)(B)(1) and(a)(2)(vii)(B)(2) of this section.

(1) A flexible fabric sleeve seal.(2) A deck cover with a pole wiper.(viii) Each opening for a slotted

guidepole shall be equipped wtih one ofthe devices specified in paragraphs(a)(2)(viii)(A) through (a)(2)(viii)(C) ofthis section.

(A) A flexible fabric sleeve seal and apole float.

(B) A deck cover with a pole wiper,and a pole float.

(C) A deck cover with a pole wiper,and a pole sleeve.

(ix) If the floating roof does not meetthe requirements listed in paragraphs(a)(2)(i) through (a)(2)(vii) of this sectionas of the proposal date of the referencingsubpart, these requirements do notapply until the next time the vessel isemptied and degassed, or 10 years afterthe promulgation date of the referencingsubpart, whichever occurs first.

(b) Operating requirements. (1) Thefloating roof shall float on the storedliquid surface at all times, except whenthe floating roof is supported by its legsupports.

(2) When the floating roof issupported by its leg supports, theprocess of filling or emptying the vesselshall be continuous and shall beaccomplished as soon as practical, andthe owner or operator shall maintain therecord specified in § 63.1068(c).

(3) Each cover over an opening in thefloating roof, except for automaticbleeder vents (vacuum breaker vents)and rim space vents, shall be closed atall times, except when the cover mustbe open for access.

(4) Each automatic bleeder vent(vacuum breaker vent) and rim spacevent shall be closed at all times, exceptwhen required to be open to relieveexcess pressure or vacuum, inaccordance with the manufacturersdesign.

(c) Inspection frequencyrequirements—(1) Internal floatingroofs. Internal floating roofs shall beinspected as specified in paragraph(d)(1) of this section before the initialfilling of the storage vessel. Subsequent

inspections shall be performed asspecified in paragraph (c)(1)(i) or(c)(1)(ii) of this section.

(i) Internal floating roofs shall beinspected as specified in paragraphs(c)(1)(i)(A) and (c)(1)(i)(B) of thissection.

(A) At least once per year the IFRshall be inspected as specified inparagraph (d)(2) of this section.

(B) Each time the storage vessel isemptied and degassed, or every 10years, whichever occurs first, the IFRshall be inspected as specified inparagraph (d)(1) of this section.

(ii) Internal floating roofs with tworim seals shall be inspected as specifiedin paragraph (c)(1)(ii)(A) or (c)(1)(ii)(E)of this section.

(A) The internal floating roof shall beinspected as specified in paragraph(c)(1)(i) of this section.

(B) The internal floating roof shall beinspected as specified in paragraph(d)(1) of this section each time thestorage vessel is emptied or degassed, orevery 5 years, whichever occurs first.

(2) External floating roofs. Externalfloating roofs shall be inspected asspecified in paragraphs (c)(2)(i) through(c)(2)(iv) of this section.

(i) Within 90 days after the initialfilling of the storage vessel, and at leastevery 5 years thereafter, the primary rimseal shall be inspected as specified inparagraph (d)(3) of this section.

(ii) Within 90 days after the initialfilling of the storage vessel, and at leastonce per year thereafter, the secondaryseal shall be inspected as specified inparagraph (d)(3) of this section.

(iii) Each time the storage vessel isemptied and degassed, or every 10years, whichever occurs first, the EFRshall be inspected as specified inparagraph (d)(1) of this section.

(iv) If the owner or operatordetermines that it is unsafe to performthe floating roof inspections specified inparagraphs (c)(2)(i) and (c)(2)(ii) of thissection, the owner or operator shallcomply with the requirements ofparagraph (c)(2)(iv)(A) or (c)(2)(iv)(B) ofthis section.

(A) The inspections shall beperformed no later than 30 days afterthe determination that the floating roofis unsafe.

(B) The storage vessel shall beremoved from regulated material serviceno later than 75 days after thedetermination that the floating roof isunsafe.

(d) Inspection procedurerequirements. Floating roof inspectionsshall be conducted as specified inparagraphs (d)(1) through (d)(3) of thissection, as applicable. If a floating rooffails an inspection, the owner or


operator shall comply with the repairrequirements of paragraph (e) of thissection.

(1) Floating roof (IFR and EFR)inspections shall be conducted byvisually inspecting the floating roofdeck, deck fittings, and rim seals fromwithin the storage vessel. Theinspection may be performed entirelyfrom the top side of the floating roof, aslong as there is visual access to all deckcomponents specified in paragraph (a)of this section. Any of the conditionsdescribed in paragraphs (d)(1)(i) through(d)(1)(v) of this section constitutesinspection failure.

(i) Regulated material on the floatingroof.

(ii) Holes or tears in the primary orsecondary seal (if one is present).

(iii) Floating roof deck, deck fittings,or rim seals that are not functioning asdesigned (as specified in paragraph (a)of this section).

(iv) Failure to comply with theoperational requirements of paragraph(b) of this section.

(v) Gaps of more than 0.32centimeters (1⁄8 inch) between any deckfitting gasket (required by paragraph (a)of this section) and any surface that itis intended to seal.

(2) Tank-top inspections of IFR’s shallbe conducted by visually inspecting thefloating roof deck, deck fittings, and rimseal through openings in the fixed roof.Any of the conditions described inparagraphs (d)(1)(i) through (d)(1)(iv) ofthis section constitutes inspectionfailure. Identification of holes or tears inthe rim seal is required only for the sealthat is visible from the top of the storagevessel.

(3) Seal gap inspections for EFR’sshall determine the presence and size ofgaps between the rim seals and the wallof the storage vessel by the proceduresspecified in paragraph (d)(3)(i) of thissection. Any exceedance of the gaprequirements specified in paragraphs(d)(3)(ii) and (d)(3)(iii) of this sectionconstitutes inspection failure.

(i) Rim seals shall be measured forgaps at one or more levels while the EFRis floating, as specified in paragraphs(d)(3)(i)(A) through (d)(3)(i)(F) of thissection.

(A) the inspector shall hold a 0.32centimeter (1⁄8 inch) diameter probevertically against the inside of thestorage vessel wall, just above the rimseal, and attempt to slide the probedown between the seal and the vesselwall. Each location where the probepasses freely (without forcing or bindingagainst the seal) between the seal andthe vessel wall constitutes a gap.

(B) The length of each gap shall bedetermined by inserting the probe into

the gap (vertically) and sliding the probealong the vessel wall in each directionas far as it will travel freely withoutbinding between the seal and the vesselwall. The circumferential length alongwhich the probe can move freely is thegap length.

(C) The maximum width of each gapshall be determined by inserting probesof various diameters between the sealand the vessel wall. The smallest probediameter should be 0.32 centimeter, andlarger probes should have diameters inincrements of 0.32 centimeter. Thediameter of the largest probe that can beinserted freely anywhere along thelength of the gap is the maximum gapwidth.

(D) The average width of each gapshall be determined by averaging theminimum gap width (0.32 centimeter)and the maximum gap width.

(E) The area of a gap is the productof the gap length and average gap width.

(F) The ratio of accumulated area ofrim seal gaps to storage vessel diametershall be determined by adding the areaof each gap, and dividing the sum by thenominal diameter of the storage vessel.This ratio shall be determinedseparately for primary and secondaryrim seals.

(ii) The ratio of seal gap area to vesseldiameter for the primary seal shall notexceed 212 square centimeters per meterof vessel diameter (10 square inches perfoot of vessel diameter), and themaximum gap width shall not exceed3.81 centimeters (1.5 inches).

(iii) The ratio of seal gap area to vesseldiameter for the secondary seal shall notexceed 21.2 square centimeters permeter (1 square inch per foot), and themaximum gap width shall not exceed1.27 centimeters (0.5 inches).

(e) Repair requirements. Conditionscausing inspection failures underparagraph (d) of this section shall berepaired as specified in paragraph (e)(1)or (e)(2) of this section.

(1) If the inspection is performedwhile the storage vessel is not storingregulated material, or is out of serviceand degassed, repairs shall becompleted before the refilling of thestorage vessel with regulated material.

(2) If the inspection is performedwhile the storage vessel is storingregulated material, repairs shall becompleted or the vessel removed fromregulated material service within 75days.

§ 63.1064 Pressurized storage vesselrequirements.

(a) The owner or operator who electsto control storage vessel air emissionsby using a pressurized storage vesselshall meet the following requirements.

(1) The storage vessel shall bedesigned not to vent to the atmosphereas a result of compression of the vaporheadspace in the storage vessel duringfilling of the storage vessel to its designcapacity.

(2) All storage vessel openings shallbe equipped with closure devicesdesigned to operate with no detectableorganic emissions as determined usingthe procedure specified in § 63.1067.

(3) Whenever a regulated material isin the storage vessel, the storage vesselshall be operated as a closed system thatdoes not vent to the atmosphere exceptin the event that opening of a safetydevice, a defined in § 63.681, is requiredto avoid an unsafe condition.

(b) [Reserved]

§ 63.1065 Enclosure requirements.(a) The owner or operator who elects

to control air emissions by using anenclosure vented through a closed ventsystem to an enclosed combustioncontrol device shall meet therequirements specified in paragraphs(a)(1) and (a)(2) of this section.

(1) The storage vessel shall be locatedinside an enclosure. The enclosure shallbe designed and operated in accordancewith the criteria for a permanent totalenclosure as specified in ‘‘ProcedureT—Criteria for and Verification of aPermanent or Temporary TotalEnclosure’’ under 40 CFR 52.741,Appendix B. The enclosure may havepermanent or temporary openings toallow worker access; passage of materialinto our out of the enclosure byconveyor, vehicles, or other mechanicalmeans; entry of permanent mechanicalor electrical equipment; or to directairflow into the enclosure. The owner oroperator shall perform the verificationprocedure for the enclosure as specifiedin Section 5.0 to ‘‘Procedure T—Criteriafor and Verification of a Permanent orTemporary Total Enclosure’’ initiallywhen the enclosure is first installedand, thereafter, annually.

(2) The enclosure shall be ventedthrough a closed vent system to anenclosed combustion control device thatis designed and operated in accordancewith the standards for either a vaporincinerator, boiler, or process heaterspecified in subpart SS of this part.

(b) [Reserved]

§ 63.1066 Alternative means of emissionlimitation.

(a) An alternate control device may besubstituted for a control devicespecified in § 63.1063 if the alternatedevice has an emission factor less thanor equal to the emission factor for thedevice specified in § 63.1063. Requestsfor the use of alternate devices shall be


made as specified in § 63.1069(b)(3).Emission factors for the devicesspecified in § 63.1063 are published inEPA Report No. AP–42, Complication ofAir Pollutant Emission Factors.

(b) Tests to determine emissionfactors for an alternate device shallaccurately simulate conditions underwhich the device will operate, such aswind, temperature, and barometricpressure. Test methods that can be usedto perform the testing required in thisparagraph include, but are not limitedto, the methods listed in paragraphs(b)(1) through (b)(iii) of this section.

(i) American Petroleum Institute (API)Manual of Petroleum MeasurementStandards, Chapter 19, Section 3, PartA, Wind Tunnel Test Method for theMeasurement of Deck-Fitting LossFactors for External Floating-RoofTanks.

(ii) API Manual of PetroleumMeasurement Standards, Chapter 19,Section 3, part B, Air Concentration TestMethod for the Measurement of RimSeal Loss Factors for Floating-RoofTanks.

(iii) API Manual of PetroleumMeasurement Standards, Chapter 19,Section 3, Part E, Weight Loss TestMethod for the Measurement of Deck-Fitting Loss Factors for InternalFloating-Roof Tanks.

(c) An alternate combination ofcontrol devices may be substituted forany combination of rim seal and deckfitting control devices specified in§ 63.1063 if the alternate combinationemits no more than the combinationspecified in § 63.1063. The emissionsfrom an alternate combination of controldevices shall be determined using AP–42 or as specified in paragraph (b) ofthis section. The emissions from acombination of control devices specifiedin § 63.1063 shall be determined usingAP–42. Requests for the use of alternatedevices shall be made as specified in§ 63.1069(b)(3).

§ 63.1067 Procedure for determining nodetectable emissions.

(a) Procedure for determining nodetectable organic emissions for thepurpose of complying with this subpart.

(1) The test shall be conducted inaccordance with the proceduresspecified in Method 21 of 40 CFR part60, appendix A. Each potential leakinterface (i.e., a location where organicvapor leakage could occur) on the coverand associated closure devices shall bechecked. Potential leak interfaces thatare associated with covers and closuredevices include, but are not limited to:the interface of the cover and itsfoundation mounting; the periphery ofany opening on the cover and its

associated closure device; and thesealing seat interface on a spring-loadedpressure-relief valve.

(2) The test shall be performed whenthe unit contains a material having anorganic HAP concentrationrepresentative of the range ofconcentrations for the regulatedmaterials expected to be managed in theunit. During the test, the cover andclosure devices shall be secured in theclosed position.

(3) The detection instrument shallmeet the performance criteria of Method21 of 40 CFR part 60, appendix A,except the instrument response factorcriteria in section 3.1.2(a) of Method 21shall be for the average composition ofthe organic constituents in the regulatedmaterial placed in the unit, not for eachindividual organic constituent.

(4) The detection instrument shall becalibrated before use on each day of itsuse by the procedures specified inMethod 21 of 40 CFR part 60, appendixA.

(5) Calibration gases shall be asfollows:

(i) Zero air (less than 10 parts permillion by volume hydrocarbon in air);and

(ii) A mixture of methane in air at aconcentration of approximately, but lessthan 10,000 parts per million byvolume.

(6) The background level shall bedetermined according to the proceduresin Method 21 of 40 CFR part 60appendix A.

(7) Each potential leak interface shallbe checked by traversing the instrumentprobe around the potential leakinterface as close to the interface aspossible, as described in Method 21. Inthe case when the configuration of thecover or closure device prevents acomplete traverse of the interface, allaccessible portions of the interface shallbe sampled. In the case when theconfiguration of the closure devisepresents any sampling at the interfaceand the device is equipped with anenclosed extension or horn (e.g., somepressure relief devices), the instrumentprobe inlet shall be placed atapproximately the center of the exhaustarea to the atmosphere.

(8) The arithmetic difference betweenthe maximum organic concentrationindicated by the instrument and thebackground level shall be comparedwith the value of 500 parts per millionby volumes. If the difference is less than500 parts per million by volume, thenthe potential leak interface isdetermined to operate with nodetectable organic emissions.

(b) [Reserved]

§ 63.1068 Recordkeeping requirements.The owner or operator shall keep

records as specified in paragraphs (a)through (c) of this section for as long asregulated material is stored. Recordsrequired in paragraph (b) of this sectionshall be kept for at least 5 years. Recordsshall be readily accessible.

(a) Vessel dimensions and capacity. Arecord shall be kept of the dimensionsof the storage vessel, an analysis of thecapacity of the storage vessel, and anidentification of the regulated materialstored.

(b) Inspection results. Records offloating roof inspection results shall bekept as specified in paragraphs (b)(1)and (b)(2) of this section.

(1) If the floating roof passesinspection, a record shall be kept thatincludes the information specified inparagraphs (b)(1)(i) and (b)(1)(ii) of thissection. If the floating roof failsinspection, a record shall be kept thatincludes the information specified inparagraphs (b)(1)(i) through (b)(1)(v) ofthis section.

(i) Identification of the storage vesselthat was inspected.

(ii) The date of the inspection.(iii) A description of all inspection

failures.(iv) A description of all repairs and

the dates they were made.(v) The date the storage vessel was

removed from regulated materialservice, if applicable.

(2) A record shall be kept of EFR sealgap measurements, including the rawdata obtained and any calculationsperformed.

(c) Floating roof set on its legs. Theowner or operator shall maintain arecord identifying the date when thefloating roof was set on its legs and thedate when the roof was refloated. Therecord shall also indicate whether thiswas a continuous operation.

§ 63.1069 Reporting requirements.(a) Notification of initial startup. If the

referencing subpart requires that anotification of initial startup be filed,then the content of the notification ofinitial startup shall include (at aminimum) the information specified inthe referencing subpart and theinformation specified in paragraphs(a)(1) and (a)(2) of this section.

(1) The identification of each storagevessel, its capacity and the regulatedmaterial stored in the storage vessel.

(2) A statement of whether the owneror operator of the source can achievecompliance by the compliance datespecified in referencing subpart.

(b) Periodic reports. Report theinformation specified in paragraphs(b)(1) through (b)(3) of this section, as


applicable, in the periodic reportspecified in the referencing subpart.

(1) Notification of inspection. Toprovide the Administrator theopportunity to have an observer present,the owner or operator shall notify theAdministrator at least 15 days before aninspection. If a delegated State or localagency is notified, the owner or operatoris not required to notify theAdministrator. A delegated State orlocal agency may waive the requirementfor notification of inspections.

(2) Inspection results. Within 30 daysof a failed inspection, the owner oroperator shall submit a copy of theinspection record (required in§ 63.1068).

(3) Requests for alternate devices. Theowner or operator requesting the use ofan alternate control device shall submita written application includingemissions test results and analysisdemonstrating that the alternate devicehas an emission factor that is less than

or equal to the device specified in§ 63.1063.

6. Part 63 is amended by addingsubpart YY to read as follows:

Subpart YY—National Emission Standardsfor Hazardous Air Pollutants for SourceCategories: Generic Maximum AchievableControl Technology Standards

Sec.63.1100 Applicability.63.1101 Definitions.63.1102 Compliance schedule.63.1103 Source category-specific

applicability, definitions, andrequirements.

63.1104 Process vents from continuous unitoperations: applicability determinationprocedures and methods.

63.1105 Process vents from batch unitoperations: applicability determinationprocedures and methods.

63.1106 Wastewater treatment systems:applicability determination proceduresand methods.

63.1107 Equipment leaks: applicabilitydetermination procedures and methods.

63.1108 Compliance with standards andoperation and maintenancerequirements.

63.1109 Recordkeeping requirements.63.1110 Reporting requirements.63.1111 Startup, shutdown, and

malfunction.63.1112 Extension of compliance, and

performance test, monitoring,recordkeeping, and reporting waiversand alternatives.

63.1113 Procedures for approval ofalternative means of emission limitation.

§ 63.1100 Applicability

(a) This subpart applies to sourcecategories and affected sources specifiedin § 63.1103(a) through (d) of thissubpart. The affected emission points,by source category, are summarized intable 1. This table also delineates thesection and paragraph of the rule thatdirects an owner or operator of anaffected source to source category-specific control, monitoring,recordkeeping, and reportingrequirements.

TABLE 1 TO § 63.1100.—SOURCE CATEGORY MACT a APPLICABILITY

Source category Storagevessels

Processvents

Transferracks

Equipmentleaks

Waste-water

treatmentsystemunits

Other

SourcecategoryMACT

requirements

1. Acetal Resins Production ................................ Yes .......... Yes .......... No ............ Yes .......... Yes .......... No ............ § 63.1103(a)2. Acrylic and Modacrylic Fibers Production ....... Yes .......... Yes .......... No ............ Yes .......... Yes .......... Yes b ........ § 63.1103(b)3. Hydrogen Fluoride Production ......................... Yes .......... Yes .......... Yes .......... Yes .......... No ............ Yes c ........ § 63.1103(c)4. Polycarbonates Production .............................. Yes .......... Yes .......... No ............ Yes .......... Yes .......... No ............ § 63.1103(d)

a Maximum achievable control technology.b Fiber spinning lines using spinning solution or suspension containing acrylonitrile.c Kilns used to react calcium fluoride with sulfuric acid.

(b) The provisions of subpart A of thispart (General Provisions), §§ 63.1through 63.5, and §§ 63.12 through63.15 apply to owners or operators ofaffected sources subject to this subpart.

(c) The provisions of this subpart donot apply to research and developmentfacilities, consistent with section112(b)(7) of the Act.

(d) Primary product determinationand applicability. The primary productof a process unit shall be determinedaccording to the procedures specified inparagraphs (d)(1) and (d)(2). Paragraphs(d)(3) and (d)(4) of this section discusscompliance for those process unitsoperated as flexible operation units, asspecified in paragraph (d)(2) of thissection.

(1) If a process unit only manufacturesone product, then that product shallrepresent the primary product of theprocess unit.

(2) If a process unit is designed andoperated as a flexible operation unit, theprimary product shall be determined asspecified in paragraphs (d)(2)(i) or

(d)(2)(ii) of this section based on theanticipated operations for the 5 yearsfollowing the promulgation date forexisting affected sources and for the first5 years after initial startup for newaffected sources.

(i) If the flexible operation unit willmanufacture one product for the greatestoperating time over the five year period,then that product shall represent theprimary product of the flexibleoperation unit.

(ii) If the flexible operation unit willmanufacture multiple products equallybased on operating time, then theproduct with the greatest production ona mass basis over the five year periodshall represent the primary product ofthe flexible operation unit.

(3) Once the primary product of aprocess unit has been determined to bea product produced by a source categorysubject to this subpart, the owner oroperator of the affected source shallcomply with the standards for theprimary product production processunit.

(4) The determination of the primaryproduct for a process unit, to includethe determination of applicability of thissubpart to process units that aredesigned and operated as flexibleoperation units, shall be reported in theNotification of Compliance StatusReport required by § 63.1110 when theprimary product is determined to be aproduct produced by a source categorysubject to requirements under thissubpart. The Notification of ComplianceStatus shall include the informationspecified in either paragraph (d)(4)(i) or(d)(4)(ii) of this section. If the primaryproduct is determined to be somethingother than a product produced by asource category subject to requirementsunder this subpart, the owner oroperator shall retain information, data,and analyses used to document the basisfor the determination that the primaryproduct is not produced by a sourcecategory subject to requirements underthis subpart.


(i) If the process unit manufacturesonly one product subject torequirements under this subpart,identification of that product.

(ii) If the process unit is designed andoperated as a flexible operation unit, theinformation specified in paragraphs(d)(4)(ii)(A) and (d)(4)(ii)(B) of thissection, as appropriate.

(A) Identification of the primaryproduct.

(B) Information concerning operatingtime and/or production mass for eachproduct that was used to make thedetermination of the primary productunder paragraph (d)(2)(i) or (d)(2)(ii) ofthis section.

(iii) Demonstrate that the parametermonitoring levels established for theprimary product are also appropriate forthose periods when products other thanthe primary product are being produced.Material demonstrating this findingshall be submitted in the Notification ofCompliance Status Report required by§ 63.1110.

(e) Storage vessel ownershipdetermination. The owner or operatorshall follow the procedures specified inparagraphs (e)(1) through (e)(8) of thissection to determine to which processunit a storage vessel shall belong.

(1) If a storage vessel is alreadysubject to another subpart of 40 CFRpart 63 on the date of promulgation foran affected source, that storage vesselshall belong to the process unit subjectto the other subpart.

(2) If a storage vessel is dedicated toa single process unit, the storage vesselshall belong to that process unit.

(3) If a storage vessel is shared amongprocess units, then the storage vesselshall belong to that process unit locatedon the same plant site as the storagevessel that has the greatest input into oroutput from the storage vessel (i.e., theprocess unit has the predominant use ofthe storage vessel).

(4) If predominant use cannot bedetermined for a storage vessel that isshared among process units and if onlyone of those process units is subject tothis subpart, the storage vessel shallbelong to that process unit.

(5) If predominant use cannot bedetermined for a storage vessel that isshared among process units and if morethan one of the process units are subjectto standards under this subpart thathave different primary products, thenthe owner or operator shall assign thestorage vessel to any one of the processunits sharing the storage vessel.

(6) If the predominant use of a storagevessel varies from year to year, thenpredominant use shall be determinedbased on the utilization that occurredduring the year preceding the date of

promulgation of standards for anaffected source under this subpart orbased on the expected utilization for the5 years following promulgation date ofstandards for an affected source underthis subpart for existing affectedsources, whichever is morerepresentative of the expectedoperations for that storage vessel, andbased on the expected utilization for the5 years after initial startup for newaffected sources. The determination ofpredominant use shall be reported inthe Notification of Compliance StatusReport required by § 63.1110. If thepredominant use changes, theredetermination of predominant useshall be reported in the next PeriodicReport.

(7) If the storage vessel beginsreceiving material from (or sendingmaterial to) another process unit; ceasesto receive material from (or sendmaterial to) a process unit; or if theapplicability of this subpart to a storagevessel has been determined according tothe provisions of paragraphs (e)(1)through (e)(6) of this section and thereis a significant change in the use of thestorage vessel that could reasonablychange the predominant use, the owneror operator shall reevaluate theapplicability of this subpart to thestorage vessel.

(8) Where a storage vessel is locatedat a major source that includes one ormore process units that place materialinto, or receive materials from thestorage vessel, but the storage vessel islocated in a tank farm, the applicabilityof this subpart shall be determinedaccording to the provisions inparagraphs (e)(8)(i) through (e)(8)(iii) ofthis section.

(i) The storage vessel may only beassigned to a process unit that utilizesthe storage vessel and does not have anintervening storage vessel for thatproduct (or raw materials, asappropriate). With respect to anyprocess unit, an intervening storagevessel means a storage vessel connectedby hard-piping to the process unit andto the storage vessel in the tank farm sothat product or raw material entering orleaving the process unit flows into (orfrom) the intervening storage vessel anddoes not flow directly into (or from) thestorage vessel in the tank farm.

(ii) If there is only one process unit ata major source subject to therequirements of this subpart withrespect to a storage vessel, the storagevessel shall be assigned to that processunit.

(iii) If there are two or more processunits at the major source that meet thecriteria of paragraph (e)(8)(i) of thissection with respect to a storage vessel,

the storage vessel shall be assigned toone of those process units according tothe provisions of paragraph (e)(6) of thissection. The predominant use shall bedetermined among only those processunits that meet the criteria of paragraph(e)(8)(i) of this section.

(f) Recovery operation equipmentownership determination. The owner oroperator shall follow the proceduresspecified in paragraphs (f)(1) through(f)(7) of this section to determine towhich process unit recovery operationequipment shall belong.

(1) If recovery operation equipment isalready subject to another subpart of 40CFR part 63 on the date standards arepromulgated for an affected source, thatrecovery operation equipment shallbelong to the process unit subject to theother subpart.

(2) If recovery operation equipment isused exclusively by a single processunit, the recovery operation shall belongto that process unit.

(3) If recovery operation equipment isshared among process units, then therecovery operation equipment shallbelong to that process unit located onthe same plant site as the recoveryoperation equipment that has thegreatest input into or output from therecovery operation equipment (i.e., thatprocess unit has the predominant use ofthe recovery operation equipment).

(4) If predominant use cannot bedetermined for recovery operationequipment that is shared among processunits and if one of those process unitsis a process unit subject to this subpart,the recovery operation equipment shallbelong to the process unit subject to thissubpart.

(5) If predominant use cannot bedetermined for recovery operationequipment that is shared among processunits and if more than one of theprocess units are process units that havedifferent primary products and that aresubject to this subpart, then the owneror operator shall assign the recoveryoperation equipment to any one of thoseprocess units.

(6) If the predominant use of recoveryoperation equipment varies from year toyear, then the predominant use shall bedetermined based on the utilization thatoccurred during the year preceding thepromulgation date of standards for anaffected source under this subpart orbased on the expected utilization for the5 years following the promulgation datefor standards for an affected sourceunder this subpart for existing affectedsources, whichever is the morerepresentative of the expectedoperations for the recovery operationsequipment, and based on the expectedutilization for the first 5 years after


initial startup for new affected sources.This determination shall be reported inthe Notification of Compliance StatusReport required by § 63.1110. If thepredominant use changes, theredetermination of predominant useshall be reported in the next PeriodicReport.

(7) If there is an unexpected change inthe utilization of recovery operationequipment that could reasonably changethe predominant use, the owner oroperator shall redetermine to whichprocess unit the recovery operationbelongs by reperforming the proceduresspecified in paragraphs (f)(2) through(f)(6) of this section.

(g) Overlap with other regulations. (1)Overlap of subpart YY with otherregulations for storage vessels. (i) Afterthe compliance dates specified in§ 63.1102 for an affected source subjectto this subpart, a storage vessel that ispart of an existing source that is subjectto the provisions of 40 CFR part 63,subpart WW (National EmissionStandards for Storage Vessels—ControlLevel 2) (if referenced under thissubpart) under this subpart and thestorage vessel provisions of 40 CFR part63, subpart G (the hazardous organicnational emission standards forhazardous air pollutants (the HON)) isin compliance with the storage vesselrequirements of subpart WW of this partif it complies with the requirements ofsubpart WW or the storage vesselrequirements of subpart G of this part.

(ii) After the compliance datesspecified in § 63.1102 for an affectedsource subject to this subpart, a storagevessel that is part of an existing sourcethat is subject to the provisions of 40CFR part 63, subpart WW (NationalEmission Standards for StorageVessels—Control Level 2) (if referencedunder this subpart) under this subpartand the storage vessel provisions of 40CFR part 60, subpart Ka or Kb isrequired only to comply with thestorage vessel control requirements ofsubpart WW of this part.

(2) Overlap of subpart YY with otherregulations for process vents. After thecompliance dates specified in § 63.1102for an affected source subject to thissubpart, a process vent that is part of anexisting source that is subject to therequirements of 40 CFR part 63, subpartSS (National Emission Standards forClosed Vent Systems, Control Devices,Recovery Devices and Routing to a FuelGas System or Process) under thissubpart and the process ventrequirements of 40 CFR part 63, subpartG (the HON) is in compliance withsubpart SS if it complies with theprovisions of subpart SS of this subpartor the process vent closed-vent system,

control device, recovery, and routing toa fuel gas system or processrequirements of subpart G of this part.

(3) Overlap of subpart YY with otherregulations for transfer racks. After thecompliance dates specified in § 63.1102for an affected source subject to thissubpart, a transfer rack that is part of anexisting source that is subject to theprovisions of 40 CFR part 63, subpart SS(National Emission Standards for ClosedVent Systems, Control Devices,Recovery Devices and Routing to a FuelGas System or Process) under thissubpart and the transfer rackrequirements of 40 CFR part 63, subpartG (the HON) is in compliance withsubpart SS of this part if it complieswith the provisions of subpart SS of thispart or the transfer rack closed-ventsystem, control device, recovery, androuting to a fuel gas system or processrequirements of subpart G of this part.

(4) Overlap of subpart YY with otherregulations for equipment leaks. (i)After the compliance dates specified in§ 63.1102 for an affected source subjectto this subpart, equipment that is part ofan existing source that is subject to theequipment leak control requirements of40 CFR part 63, subpart TT (NationalEmission Standards for EquipmentLeaks—Control Level 1) under thissubpart and 40 CFR part 60, subpart VVor 40 CFR part 61, subpart V is requiredonly to comply with subpart TT of thispart.

(ii) After the compliance datesspecified in § 63.1102 for an affectedsource subject to this subpart,equipment that is part of an existingsource that is subject to the equipmentleak control requirements of 40 CFR part63, subpart UU (National EmissionStandards for Equipment Leaks—Control Level 2) under this subpart and40 CFR part 63, subpart H (the HON) isin compliance with the equipment leakrequirements of this subpart if itcomplies with the equipment leakprovisions of subpart UU or subpart Hof this part.

(5) Overlap of subpart YY with otherregulations for wastewater treatmentsystem units. (i) After the compliancedates specified in § 63.1102 for anaffected source subject to this subpart,wastewater streams that are subject tocontrol requirements in the HazardousOrganic NESHAP (40 CFR part 63,subpart G) and this subpart is requiredto comply with both rules.

(ii) After the compliance datesspecified in § 63.1102 for an affectedsource subject to this subpart,wastewater streams that are subject tocontrol requirements in the BenzeneWaste NESHAP (40 CFR part 61, subpart

FF) and this subpart is required tocomply with both rules.

§ 63.1101 Definitions.All terms used in this subpart shall

have the meaning given them in the Actand in this section.

Annual average concentration, asused in the wastewater provisions,means the flow-weighted annualaverage concentration, as determinedaccording to the procedures specified in§ 63.1106.

Annual average flow rate, as used inthe wastewater provisions, means theannual average flow rate, as determinedaccording to the procedures specified in§ 63.1106.

Batch cycle refers to manufacturing aproduct from start to finish in a batchunit operation.

Batch emission episode means adiscrete venting episode that may beassociated with a single unit operation.A unit operation may have more thanone batch emission episode per batchcycle. For example, a displacement ofvapor resulting from the charging of avessel with HAP will result in a discreteemission episode. If the vessel is thenheated, there may also be anotherdiscrete emission episode resulting fromthe expulsion of expanded vapor. Bothemission episodes may occur during thesame batch cycle in the same vessel orunit operation. There are possibly otheremission episodes that may occur fromthe vessel or other process equipment,depending on process operations.

Batch unit operation means a unitoperation involving intermittent ordiscontinuous feed into equipment, and,in general, involves the emptying ofequipment after the batch cycle ceasesand prior to beginning a new batchcycle. Mass, temperature, concentrationand other properties of the process mayvary with time. Addition of raw materialand withdrawal of product do notsimultaneously occur in a batch unitoperation.

Bottoms receiver means a tank thatcollects distillation bottoms before thestream is sent for storage or for furtherdownstream processing.

By compound means by individualstream components, not carbonequivalents.

Capacity means the volume of liquidthat is capable of being stored in astorage vessel, based on the vessel’sdiameter and internal shell height.

Closed vent system means a systemthat is not open to the atmosphere andis composed of piping, ductwork,connections, and, if necessary, flowinducing devices that transport gas orvapor from an emission point to acontrol device. Closed vent system does


not include the vapor collection systemthat is part of any tank truck or railcar.

Continuous parameter monitoringsystem or CPMS means the totalequipment that may be required to meetthe data acquisition and availabilityrequirements of this part, used tosample, condition (if applicable),analyze, and provide a record of processor control system parameters.

Continuous unit operation means aunit operation where the inputs andoutputs flow continuously. Continuousunit operations typically approachsteady-state conditions. Continuous unitoperations typically involve thesimultaneous addition of raw materialand withdrawal of the product.

Control device means any combustiondevice, recovery device, recapturedevice, or any combination of thesedevices used to comply with thissubpart. Such equipment or devicesinclude, but are not limited to,absorbers, carbon adsorbers, condensers,incinerators, flares, boilers, and processheaters. For process vents fromcontinuous unit operations, recapturedevices and combustion devices areconsidered control devices but recoverydevices are not considered controldevices. For process vents from batchunit operations, recapture devices,recovery devices, and combustiondevices are considered control devicesexcept for process condensers. Primarycondensers on stream strippers or fuelgas systems are not considered controldevices.

Day means a calendar day.Emission point means an individual

process vent, storage vessel, transferrack, wastewater stream, kiln, fiberspinning line, equipment leak, or otherpoint where a gaseous stream isreleased.

Equipment, means each of thefollowing that is subject to controlunder this subpart: pump, compressor,agitator, pressure relief device, samplingconnection system, open-ended valve orline, valve, connector, andinstrumentation system; and any controldevice or system used to comply withthis subpart.

Equivalent method means any methodof sampling and analyzing for an airpollutant that has been demonstrated tothe Administrator’s satisfaction to havea consistent and quantitatively knownrelationship to the reference method,under specified conditions.

Flexible operation unit means aprocess unit that manufactures differentchemical products periodically byalternating raw materials or operatingconditions.

Halogens and hydrogen halidesmeans hydrogen chloride (HCl),

chlorine (Cl2), hydrogen bromide (HBr),bromine (Br2), and hydrogen fluoride(HF).

Initial start-up means, for newsources, the first time the source beginsproduction. For additions or changesnot defined as a new source by thissubpart, initial startup means the firsttime additional or changed equipment isput into operation. Initial startup doesnot include operation solely for testingequipment. Initial startup does notinclude subsequent startup (as definedin this section) of process unitsfollowing malfunctions or process unitshutdowns. Except for equipment leaks,initial startup also does not includesubsequent startups (as defined in thissection) of process units followingchanges in product for flexibleoperation units or following rechargingof equipment in batch unit operations.

Low throughput transfer rack meansthose transfer racks that transfer lessthan a total of 11.8 million liters peryear of liquid containing regulated HAP.

Maximum true vapor pressure meansthe equilibrium partial pressure exertedby the total organic HAP’s in the storedor transferred liquid at the temperatureequal to the highest calendar-monthaverage of the liquid storage or transfertemperature for liquids stored ortransferred above or below the ambienttemperature or at the local maximummonthly average temperature asreported by the National WeatherService for liquids stored or transferredat the ambient temperature, asdetermined:

(1) In accordance with methodsdescribed in American PetroleumInstitute Publication 2517, EvaporationLoss From External Floating-Roof Tanks(incorporated by reference as specifiedin § 63.14 of subpart A of this part); or

(2) As obtained from standardreference texts; or

(3) As determined by the AmericanSociety for Testing and MaterialsMethod D2879–83 (incorporated byreference as specified in § 63.14 ofsubpart A of this part); or

(4) Any other method approved by theAdministrator.

On-site means, with respect to recordsrequired to be maintained by thissubpart, a location within a plant sitethat encompasses the affected source.On-site includes, but is not limited to,the affected source to which the recordspertain, or central files elsewhere at theplant site.

Organic hazardous air pollutant ororganic HAP means any organicchemicals that are also HAP.

Permitting authority means one of thefollowing:

(1) The State air pollution controlagency, local agency, other State agency,or other agency authorized by theAdministrator to carry out a permitprogram under part 70 of this chapter;or

(2) The Administrator, in the case ofEPA-implemented permit programsunder title V of the Act (42 U.S.C. 7661)and part 71 of this chapter.

Plant site means all contiguous oradjoining property that is undercommon control, including propertiesthat are separated only by a road orother public right-of-way. Commoncontrol includes properties that areowned, leased, or operated by the sameentity, parent entity, subsidiary, or anycombination thereof.

Process condenser means a condenserwhose primary purpose is to recovermaterial as an integral part of a process.The condenser must support a vapor-to-liquid phase change for periods ofsource equipment operation that areabove the boiling or bubble point ofsubstance(s). Examples of processcondensers include distillationcondensers, reflux condensers, processcondensers in line prior to the vacuumsource, and process condensers used instripping or flashing operations.

Process unit means the equipmentassembled and connected by pipes orducts to process raw and/orintermediate materials and tomanufacture an intended product. Aprocess unit includes more than oneunit operation. A process unit includes,but is not limited to, process vents,storage vessels, and the equipment (i.e.,pumps, compressors, agitators, pressurerelief devices, sampling connectionsystems, open-ended valves or lines,valves, connectors, instrumentationsystems, surge control vessels, bottomsreceivers, and control devices orsystems.

Process unit shutdown means a workpractice or operational procedure thatstops production from a process unit, orpart of a process unit during which it istechnically feasible to clear processmaterial from a process unit, or part ofa process unit, consistent with safetyconstraints and during which repairscan be effected. The following are notconsidered process unit shutdowns:

(1) An unscheduled work practice oroperational procedure that stopsproduction from a process unit, or partof a process unit, for less than 24 hours.

(2) An unscheduled work practice oroperational procedure that would stopproduction from a process unit, or partof a process unit, for a shorter period oftime than would be required to clear theprocess unit, or part of the process unit,of materials and start up the unit, and


would result in greater emissions thandelay of repair of leaking componentsuntil the next scheduled process unitshutdown.

(3) The use of spare equipment andtechnically feasible bypassing ofequipment without stoppingproduction.

Process vent means a gas stream thatis continuously discharged duringoperation of the unit within amanufacturing process unit that meetsthe applicability criteria of this subpart.Process vents include gas streams thatare either discharged directly to theatmosphere or are discharged to theatmosphere after diversion through aproduct recovery device. Process ventsexclude relief valve discharges andleaks from equipment regulated underthis subpart.

Process wastewater means wastewaterwhich, during manufacturing orprocessing, comes into direct contactwith or results from the production oruse of any raw material, intermediateproduct, finished product, by-product,or waste product. Examples are producttank drawdown or feed tank drawdown;water formed during a chemical reactionor used as a reactant; water used towash impurities from organic productsor reactants; water used to cool orquench organic vapor streams throughdirect contact; and condensed steamfrom jet ejector systems pulling vacuumon vessels containing organics.

Recapture device means an individualunit of equipment capable of and usedfor the purpose of recovering chemicals,but not normally for use, reuse, or sale.For example, a recapture device mayrecover chemicals primarily fordisposal. Recapture devices include, butare not limited to, absorbers, carbonadsorbers, and condensers. For purposesof the monitoring, recordkeeping, andreporting requirements of this subpart,recapture devices are consideredrecovery devices.

Recovery device means an individualunit of equipment capable of andnormally used for the purpose ofrecovering chemicals for fuel value (i.e.,net positive heating value), use, reuse,or for sale for fuel value, or reuse.Examples of equipment that may berecovery devices include absorbers,carbon adsorbers, condensers, oil-waterseparators or organic-water separators,or organic removal devices such asdecanters, strippers, or thin-filmevaporation units. For purposes of themonitoring, recordkeeping, andreporting requirements of this subpart,recapture devices are consideredrecovery devices.

Storage vessel or Tank, for thepurposes of this subpart, means a

stationary unit that is constructedprimarily of nonearthen materials (suchas wood, concrete, steel, fiberglass, orplastic) that provide structural supportand is designed to hold an accumulationof liquids or other materials. Storagevessel does not include:

(1) Vessels permanently attached tomotor vehicles such as trucks, railcars,barges, or ships;

(2) Bottoms receiver tanks;(3) Surge control vessels; or(4) Wastewater storage tanks.Surge control vessel means a feed

drum, recycle drum, or intermediatevessel. Surge control vessels are usedwithin a process unit (as defined in thissubpart) when in-process storage,mixing, or management of flow rates orvolumes is needed to assist inproduction of a product.

Total organic compounds or TOCmeans those compounds, excludingmethane and ethane, measuredaccording to the procedures of Method18 or Method 25A, 40 CFR part 60,appendix A.

Total resource effectiveness indexvalue or TRE index value means ameasure of the supplemental totalresource requirement per unit reductionof organic HAP associated with aprocess vent stream, based on ventstream flow rate, emission rate oforganic HAP, net heating value, andcorrosion properties (whether or not thevent stream contains halogenatedcompounds), as quantified by theequations given under § 63.1104(e).

Transfer rack means a single systemused to fill bulk cargo tanks mounted onor in a truck, railcar, or marine vessel.A transfer rack includes all loadingarms, pumps, meters, shutoff valves,relief valves, and other piping andequipment necessary for the transferoperation. Transfer equipment andoperations that are physically separate(i.e., do not share common piping,valves, and other equipment) areconsidered to be separate transfer racks.

Unit operation means distinctequipment used in processing, amongother things, to prepare reactants,facilitate reactions, separate and purifyproducts, and recycle materials.Equipment used for these purposesincludes, but is not limited to, reactors,distillation columns, extractioncolumns, absorbers, decanters, dryers,condensers, and filtration equipment.

Vapor balancing system means apiping system that is designed to collectorganic HAP vapors displaced from tanktrucks or railcars during loading; and toroute the collected organic HAP vaporsto the storage vessel from which theliquid being loaded originated, or tocompress collected organic HAP vapors

and commingle with the raw feed of aproduction process unit.

Wastewater treatment system unitmeans an individual storage vessel,surface impoundment, container, oil-water or organic-water separator, ortransfer system used at a plant site tomanage process wastewater associatedwith a source category subject to thissubpart.

§ 63.1102 Compliance schedule.(a) Affected sources, as defined in

§ 63.1103(a)(1)(i) for acetyl resinsproduction; § 63.1103(b)(1)(i) for acrylicand modacrylic fiber production;§ 63.1103(c)(1)(i) for hydrogen fluorideproduction; or § 63.1103(d)(1)(i) forpolycarbonate production, shall complywith the appropriate provisions of thissubpart and the subparts referenced bythis subpart according to the scheduledescribed in paragraph (a)(1) or (a)(2) ofthis section, as appropriate.

(1) Compliance dates for new andreconstructed sources.

(i) The owner or operator of a new orreconstructed affected source for whichconstruction or reconstructioncommences after October 14, 1998 thathas an initial startup before the effectivedate of standards for an acetal resins,acrylic and modacrylic fiber, hydrogenfluoride, and polycarbonate productionaffected source under this subpart shallcomply with this subpart no later thanthe effective date of standards for theaffected source.

(ii) The owner or operator of a new orreconstructed acetal resins, acrylic andmodacrylic fiber, hydrogen fluoride, andpolycarbonate production affectedsource that has an initial startup afterthe effective date of standards for theaffected source shall comply with thissubpart upon startup of the source.

(iii) The owner or operator of anacetal resins, acrylic and modacrylicfiber, hydrogen fluoride, andpolycarbonate production affectedsource for which construction orreconstruction is commenced afterOctober 14, 1998 but before the effectivedate of standards for the affected sourceunder this subpart shall comply withthis subpart no later than the date 3years after the effective date if:

(A) The promulgated standard is morestringent than the proposed standard;

(B) The owner or operator complieswith this subpart as proposed during the3-year period immediately after theeffective date of standards for an acetalresins, acrylic and modacrylic fiber,hydrogen fluoride, and polycarbonateproduction affected source.

(iv) The owner or operator of an acetalresins, acrylic and modacrylic fiber,hydrogen fluoride, and polycarbonate


production affected source for whichconstruction or reconstructioncommenced after October 14, 1998 butbefore the proposal date of a relevantstandard established pursuant to section112(f) shall comply with the emissionstandard under section 112(f) not laterthan the date 10 years after the dateconstruction or reconstruction iscommenced, except that, if the section112(f) standard is promulgated morethan 10 years after construction orreconstruction is commenced, theowner or operator shall comply withthis subpart as provided in paragraphs(a)(2)(i) and (a)(2)(ii) of this section.

(2) Compliance dates for existingsources.

(i) The owner or operator of anexisting acetal resins, acrylic andmodacrylic fiber, hydrogen fluoride, andpolycarbonate production affectedsource shall comply with therequirements of this subpart within 3years after the effective date ofstandards for the affected source.

(ii) The owner or operator of an acetalresins, acrylic and modacrylic fiber,hydrogen fluoride, and polycarbonateproduction area source that increases itsemissions of (or its potential to emit)hazardous air pollutants such that thesource becomes a major source shall besubject to the relevant standards for newsources under this subpart. Such

sources shall comply with the relevantstandard upon startup.

(b) [Reserved]

§ 63.1103 Source category-specificapplicability, definitions, and requirements.

(a) Acetal resins productionapplicability, definitions, andrequirements.—(1) Applicability.—(i)Affected source. For the acetal resinsproduction source category (as definedin paragraph (a)(2) of this section), theaffected source shall comprise allemission points, in combination, listedin paragraphs (a)(1)(i)(A) through(a)(1)(i)(D) of this section, that areassociated with an acetal resinsproduction process unit located at amajor source, as defined in section112(a) of the Clean Air Act (Act).

(A) All storage vessels that storeliquids containing HAP.

(B) All process vents from continuousunit operations (front end process ventsand back end process vents).

(C) All wastewater treatment systemunits.

(D) Equipment (as defined in§ 63.1101 of this subpart) that containsor contacts HAP.

(ii) The compliance schedule foraffected sources as defined in paragraph(a)(1)(i) of this section is specified in§ 63.1102(a).

(2) Definitions.Acetal resins production means the

production of homopolymers and/or

copolymers of alternating oxymethyleneunits. Acetal resins are also known aspolyoxymethylenes, polyacetals, andaldehyde resins. Acetal resins aregenerally produced by polymerizingformaldehyde (HCHO) with themethylene functional group (CH2) andare characterized by repeatingoxymethylene units (CH2O) in thepolymer backbone.

Back end process vent means anyprocess vent from a continuous unitoperation that is not a front end processvent up to the final separation of rawmaterials and by-products from thestabilized polymer.

Front end process vent means anyprocess vent from a continuous unitoperation involved in the purification offormaldehyde feedstock for use in theacetal homopolymer process. All frontend process vents are restricted to thosevents that occur prior to the polymerreactor.

(3) Requirements. Table 1 specifiesthe acetal resins production standardsapplicability for existing and newsources. Applicability determinationprocedures and methods are specified in§§ 63.1104 through 63.1107. Generalcompliance, recordkeeping, andreporting requirements are specified in§§ 63.1108 through 63.1112. Proceduresfor approval of alternative means ofemission limitations are specified in§ 63.1113.

TABLE 1 TO § 63.1103.—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACETAL RESINS PRODUCTIONEXISTING OR NEW AFFECTED SOURCE?

If you own or operate . . . And if . . . Then you must . . .

1. a storage vessel with: a size ca-pacity > 34 cubic meters

the maximum true vapor pressureof organic HAP > 17.1kilopascals (for existing sources)

or> 11.7 kilopascals (for new

sources)

reduce emissions of organic HAP by 95 weight-percent, or reduceTOC to a concentration of 20 parts per million by volume, which-ever is less stringent, by venting emissions through a closed ventsystem to a control device meeting the requirements specified in 40CFR subpart SS (national emission standards for closed vent sys-tems, control devices, recovery devices, and routing to a fuel gassystem or a process), § 63.982(a) of this part;

orroute emissions to a fuel gas system meeting the requirements of 40

CFR subpart SS (national emission standards for closed vent sys-tems, control devices, recovery devices, and routing to a fuel gassystem or a process), § 63.982(a) of this part

orcomply with the requirements of 40 CFR subpart WW (national emis-

sion standards for storage vessels (control level 2)) of this part.

2. a front end process vent fromcontinuous unit operations

reduce emissions of organic HAP by using a flareor

reduce emission of organic HAP by 60 weight-percent, or reduceTOC to a concentration of 20 parts per million by volume, which-ever is less stringent, by venting emissions through a closed ventsystem to any combination of control devices meeting the require-ments of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(b) of this part.


TABLE 1 TO § 63.1103.—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACETAL RESINS PRODUCTIONEXISTING OR NEW AFFECTED SOURCE?—Continued


3. a back end process vent fromcontinuous unit operations

the vent stream has a a TRE a ≤1.0

reduce emissions of organic HAP by using a flareor

reduce emissions of organic HAP by 98 weight-percent, or reduceTOC to a concentration of 20 parts per million by volume, which-ever is less stringent, by venting emissions through a closed ventsystem to any combination of control devices meeting the require-ments of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(b) of this part,

orachieve and maintain a TRE greater than 1.0.

4. a back end process vent fromcontinuous unit operations

1.0 ≤ TRE a ≤ 4.0 monitor and keep records of equipment operating parameters speci-fied to be monitored under 40 CFR subpart SS (national emissionstandards for closed vent systems, control devices, recovery de-vices, and routing to a fuel gas system or a process),§§ 63.990(c)(absorber monitoring), 63.991(c) (condenser monitor-ing), 63.992(c) (carbon adsorber monitoring), or 63.995(c) (othernoncombustion systems used as a control device monitoring) ofthis part.

5. equipment as defined under§ 63.1101

the equipment contains or contacts≥ 10 weight-percent HAP,b

andoperates ≥ 300 hours per year

comply with the requirements of 40 CFR subpart TT (national emis-sion standards for equipment leaks (control level 1)) or UU (na-tional emission standards for equipment leaks (control level 2)) ofthis part.

6. a wastewater treatment unit the wastewater stream has an an-nual average HAP concentration≥ 10,000 parts per million c byweight at any flow rate,

comply with the requirements of 40 CFR subparts OO, VV, QQ, andRR (national emission standards for organic wastewater treatmentfacilities) of this part.

orthe wastewater stream has an an-

nual average HAP concentration≥ 1,000 parts per million byweight,c

andan annual average flowrate ≥ 10 li-

ters per minute d

a The TRE is determined according to the procedures specified in § 63.1104(j).b The weight-percent HAP is determined for equipment according to procedures specified in § 63.1107.c The annual average wastewater organic HAP concentration is determined according to the procedures specified in § 63.1106(a) through (c).d The annual wastewater average flowrate is determined according to procedures specified in § 63.1106(d).

(b) Acrylic and modacrylic fiberproduction applicability, definitions,and requirements.—(1) Applicability.—(i) Affected source. For the acrylic fibersand modacrylic fibers production (asdefined in paragraph (b)(2) of thissection) source category, the affectedsource shall comprise all emissionpoints, in combination, listed inparagraphs (b)(1)(i)(A) through(b)(1)(i)(E) of this section, that areassociated with a suspension or solutionpolymerization process unit thatproduces acrylic and modacrylic fiberlocated at a major source as defined insection 112(a) of the Act.

(A) All storage vessels that storeliquid containing acrylonitrile or HAP.

(B) All process vents from continuousunit operations.


(D) Equipment (as defined in§ 63.1101 of this subpart) that containsor contacts acrylonitrile or HAP.

(E) All acrylic and modacrylic fiberspinning lines using a spinning solutionor suspension having organicacrylonitrile or HAP.

For the purpose of implementing thisparagraph, a spinning line includes thespinning solution filters, spin bath, andthe equipment used downstream of thespin bath to wash, dry, or draw the spunfiber.

(ii) The compliance schedule, foraffected sources as defined in paragraph(b)(1)(i) of this section, is specified in§ 63.1102(a).

(2) Definitions.Acrylic fiber means a manufactured

synthetic fiber in which the fiber-forming substance is any long-chainsynthetic fiber in which the fiber-forming substance is any long-chain

synthetic polymer composed of at least85 percent by weight of acrylonitrileunits.

Acrylic and modacrylic fibersproduction means the production ofeither of the following synthetic fiberscomposed of acrylonitrile units:

1. Acrylic fiber.2. Modacrylic fiber.Fiber spinning line means the group

of equipment and process ventsassociated with acrylic or modacrylicfiber spinning operations. The fiberspinning line includes (as applicable tothe type of spinning process used) theblending and dissolving tanks, spinningsolution filters, wet spinning units, spinbath tanks, and the equipment useddownstream of the spin bath to wash,dry, or draw the spun fiber.

Modacrylic fiber means amanufactured synthetic fiber in whichthe fiber-forming substance is any long-


chain synthetic polymer composed of atleast 35 percent by weight ofacrylonitrile units but less than 85percent by weight of acrylonitrile units.

Solution polymerization means apolymerization process where polymerformed in the reactor is soluble in thespinning solvent present in the reactor.

Suspension polymerization means apolymerization process where insolublebeads of polymer are formed in asuspension reactor.

(3) Requirements. An owner oroperator of an affected source mustcomply with the requirements ofparagraph (b)(3)(i) or (b)(3)(ii) of thissection.

(i) Table 3a specifies the acrylic andmodacrylic fiber production sourcecategory control requirementapplicability for both existing and newsources. Applicability determinationprocedures and methods are specified in§§ 63.1104 through 63.1107. General

compliance, recordkeeping, andreporting requirements are specified in§§ 63.1108 through 63.1112. Proceduresfor approval of alternative means ofemission limitations are specified in§ 63.1113. The owner or operator mustcontrol HAP emissions from the eachaffected source emission point bymeeting the applicable requirementsspecified in table 3a of this section.

TABLE 2 TO § 63.1103.—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLIC FIBERPRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (B)(3)(I) OF THIS SECTION?

If you own or operate. . . And if. . . Then you must. . .

1. a storage vessel the stored material is acrylonitrile reduce emissions of acrylonitrile by 98 weight-percent, or reduce TOCto a concentration of 20 parts per million by volume, whichever isless stringent, by venting emissions through a closed vent systemto a control device meeting the requirements of 40 CFR subpart SS(national emission standards for closed vent systems, control de-vices, recovery devices, and routing to a fuel gas system or a proc-ess), § 63.982(a) of this part, or 95 weight-percent or greater byventing through a closed vent system to a recovery device meetingthe requirements of 40 CFR subpart SS (national emission stand-ards for closed vent systems, control devices, recovery devices,and routing to a fuel gas system or a process), § 63.982(a) of thispart;

orcomply with the requirements of 40 CFR part 63 subpart WW (na-

tional emission standards for storage vessels (control level 2)) ofthis part.

2. a process vent from continuousunit operations (halogenated)

the vent steam has a mass emis-sion rate of halogen atoms con-tained in organic compounds ≥0.45 kilograms per hour a

andan acrylonitrile concentration ≥ 50

parts per million by volume b

andan average flow rate ≥ 0.005 cubic

meters per minute

reduce emissions of acrylonitrile or TOC as specified for nonhalo-genated process vents from continuous unit operations (other thanby using a flare) and by venting emissions through a closed ventsystem to a halogen reduction device meeting the requirements of40 CFR subpart SS (national emission standards for closed ventsystems, control devices, recovery devices, and routing to a fuelgas system or a process), § 63.982(b) of this part that reduces hy-drogen halides and halogens by 99 weight-percent or to less than0.45 kilograms per year, whichever is less stringent;

orreduce the process vent halogen atom mass emission rate to less

than 0.45 kilograms per hour by venting emissions through aclosed vent system to a halogen reduction device meeting the re-quirements of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(b) of this part and thencomplying with the requirements specified for process vents fromcontinuous unit operations (nonhalogenated).

3. a process vent from continuousunit operations (nonhalogenated)

the vent steam has a mass emis-sion rate of halogen atoms con-tained in organic compounds <0.45 kilograms per hour a,

andan acrylonitrile concentration ≥ 50

parts per million by volume b

andan average flow rate ≥ 0.005 cubic

meters per minute

reduce emissions of acrylonitrile by using a flareor

reduce emissions of acrylonitrile by 98 weight-percent, or reduce TOCto a concentration of 20 parts per million by volume, whichever isless stringent, by venting emissions through a closed vent systemto any combination of control devices meeting the requirements of40 CFR subpart SS (national emission standards for closed ventsystems, control devices, recovery devices, and routing to a fuelgas system or a process), § 63.982(b) of this part.


TABLE 2 TO § 63.1103.—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLIC FIBERPRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (B)(3)(I) OF THIS SEC-TION?—Continued

If you own or operate. . . And if. . . Then you must. . .

4. a wastewater treatment unit the wastewater stream has an an-nual average acrylonitrile con-centration ≥ 10,000 parts permillion by weight c


nual average HAP concentration≥ 1,000 parts per million byweight c, and an annual averageflowrate ≥ 10 liters per minute d


5. a fiber spinning line the lines use a spinning solution orspin dope with an acrylonitrileconcentration > 100 parts permillion c by weight

reduce acrylonitrile emissions to greater than or equal to 85 weight-percent by enclosing the spinning and washing areas of the spin-ning line (as specified in paragraph (b)(4) of this section) by using aflare meeting the requirements of 40 CFR subpart SS (nationalemission standards for closed vent systems, control devices, recov-ery devices, and routing to a fuel gas system or a process),§ 63.982(b) of this part; or by venting emissions through a closedvent system and using any combination of control devices meetingthe requirements of 40 CFR subpart SS of this part.


it contains or contacts ≥ 10 weight-percent acrylonitrile e, and oper-ates ≥ 300 hours per year


a The mass emission rate of halogen atoms contained in organic compounds is determined according to the procedures specified in§ 63.1104(i).

b The percent by weight organic HAP is determined according to the procedures specified in § 63.1107.c The annual average wastewater organic HAP concentration is determined according to the procedures specified in § 63.1106(a) through (c).d The annual wastewater average flowrate is determined according to procedures specified in § 63.1106(d).e The weight-percent HAP is determined for equipment according to procedures specified in § 63.1107.

(ii) The owner or operator must control HAP emissions from the acrylic and modacrylic fibers production facilityby meeting the applicable requirements specified in table 3b of this subpart. The owner or operator must determinethe facility acrylonitrile emission rate using the procedures specified in paragraph (b)(5) of this section.

TABLE 3b TO § 63.1103.—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLIC FIBERPRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (b)(3)(ii) OF THIS SECTION?

If you own or operate. . . Then you must control HAP emissions from the affected source by. . .

1. an acrylic and modacrylic fibers productionaffected source and your facility is an existingsource

Meeting all of following requirements:a. 1. Reduce total acrylonitrile emissions from all affected storage vessels, process vents,

wastewater treatment units, and fiber spinning lines operated in your acrylic and modacrylicfibers production facility to less than or equal to 1.0 kilograms (kg) of acrylonitrile permegagram (Mg) of fiber produced.

b. 2. Determine the facility acrylonitrile emission rate in accordance with the requirementsspecified in § 63.1103(b)(5) of this section.

2. an acrylic and modacrylic fibers productionaffected source and your facility is a newsource

Meeting all of following requirements:a. 1. Reduce total acrylonitrile emissions from all affected storage vessels, process vents,

wastewater treatment units, and fiber spinning lines operated in the acrylic and modacrylicfibers production facility to less than or equal to 0.5 kilograms (kg) of acrylonitrile permegagram (Mg) of fiber produced.

b. 2. Determine the facility acrylonitrile emission rate in accordance with the requirementsspecified in § 63.1103(b)(5) of this section.

3. equipment as defined under § 63.1101 and itcontains or contacts ≥ 10 weight-percent ac-rylonitrile,a and operates ≥ 300 hours per year

Meeting either of the following standards for equipment leaks:a. 1. Comply with 40 CFR 63 subpart TT of this part; orb. 2. Comply with 40 CFR 63 subpart UU of this part.

a The weight-percent HAP is determined for equipment according to procedures specified in § 63.1107.

(4) Fiber spinning line enclosurerequirements. For an owner or operatorelecting to comply with paragraph(b)(3)(i) of this section, the fiber

spinning line enclosure must bedesigned and operated to meet therequirements specified in paragraphs(b)(4)(i) through (b)(4)(iv) of this section.

(i) The enclosure must cover thespinning and washing areas of thespinning line.


(ii) The enclosure must be designedand operated in accordance with thecriteria for a permanent total enclosureas specified in ‘‘Procedure T—Criteriafor and Verification of a Permanent orTemporary Total Enclosure’’ in 40 CFR52.741, Appendix B.

(iii) The enclosure may havepermanent or temporary openings toallow worker access; passage of materialinto or out of the enclosure by conveyor,vehicles, or other mechanical means;entry of permanent mechanical orelectrical equipment; or to direct airflowinto the enclosure.

(iv) The owner or operator mustperform the verification procedure forthe enclosure as specified in section 5.0to ‘‘Procedure T—Criteria for andVerification of a Permanent orTemporary Total Enclosure’’ initiallywhen the enclosure is first installedand, thereafter, annually.

(5) Facility acrylonitrile emission ratedetermination. For an owner or operatorelecting to comply with paragraph(b)(3)(ii) of this section, the facilityacrylonitrile emission rate must bedetermined using the requirementsspecified in paragraphs (b)(5)(i) through(b)(5)(iii) of this section.

(i) The owner or operator mustprepare an initial determination of thefacility acrylonitrile emission rate.

(ii) Whenever changes to the acrylicor modacrylic fiber productionoperations at the facility couldpotentially cause the facilityacrylonitrile emission rate to exceed theapplicable limit of kg of acrylonitrile perMg of fiber produced, the owner oroperator must prepare a newdetermination of the facilityacrylonitrile emission rate.

(iii) For each determination, theowner or operator must prepare andmaintain at the facility site sufficientprocess data, emissions data, and anyother documentation necessary tosupport the facility acrylonitrileemission rate calculation.

(c) Hydrogen fluoride productionapplicability, definitions, andrequirements.—(1) Applicability.—(i)Affected source. For the hydrogenfluoride production (as defined inparagraph (c)(2) of this section) sourcecategory, the affected source shallcomprise all emission points, incombination, listed in paragraphs(c)(1)(i)(A) through (c)(1)(i)(E) of thissection, that are associated with ahydrogen fluoride production processunit located at a major source as definedin section 112(a) of the Act.

(A) All storage vessels used toaccumulate or store hydrogen fluoride.

(B) All process vents from continuousunit operations associated withhydrogen fluoride recovery and refiningoperations. These process vents includevents on condensers, distillation units,and water scrubbers.

(C) All transfer racks used to loadhydrogen fluoride into tank trucks orrailcars.

(D) Equipment (as defined in§ 63.1101 of this subpart) that containsor contacts hydrogen fluoride.

(E) Seals on kilns used to reactcalcium fluoride with sulfuric acid.

(ii) The compliance schedule, foraffected sources as defined in paragraph(c)(1)(i) of this section, is specified in§ 63.1102(a).

(2) Definitions.Hydrogen fluoride production means

a process engaged in the production andrecovery of hydrogen fluoride byreacting calcium fluoride with sulfuric

acid. For the purpose of implementingthis subpart, hydrogen fluorideproduction is not a process thatproduces gaseous hydrogen fluoride fordirect reaction with hydrated aluminumto form aluminum fluoride (i.e., thehydrogen fluoride is not recovered as anintermediate or final product prior toreacting with the hydrated aluminum).

Kiln seal means the mechanical orhydraulic seals at both ends of the kiln,designed to prevent the infiltration ofmoisture and air through the interface ofthe rotating kiln and stationary pipesand equipment attached to the kilnduring normal vacuum operation of thekiln (operation at an internal pressure ofat least 0.25 kilopascal [one inch ofwater] below ambient pressure).

Leakless pump means a pump whoseseals are submerged in liquid, a pumpequipped with a dual mechanical sealsystem that includes a barrier fluidsystem, or a pump potential leakinterface hydrogen fluorideconcentration measurement of less than500 parts per million by volume.

(3) Requirements. Table 4 specifiesthe hydrogen fluoride production sourcecategory control requirementapplicability for both existing and newsources. The owner or operator mustcontrol hydrogen fluoride emission fromeach affected source emission point asspecified in table 4. Applicabilitydetermination procedures and methodsare specified in §§ 63.1104 through63.1107. General compliance,recordkeeping, and reportingrequirements are specified in §§ 63.1108through 63.1112. Procedures forapproval of alternative means ofemission limitations are specified in§ 63.1113.

TABLE 4. TO § 63.1103—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A HYDROGEN FLUORIDE PRODUCTIONEXISTING OR NEW AFFECTED SOURCE?

If you own or operate... And if... Then you must...

1. a storage vessel the stored material is hydrogen flu-oride

reduce emissions of hydrogen fluoride by venting emissions through aclosed vent system to a recovery system or wet scrubber thatachieves a 99 weight-percent removal efficiency according to therequirements of 40 CFR subpart SS of this part.

2. a process vent from continuousunit operations

the vent steam is from hydrogenfluoride recovery and refiningvessels

reduce emissions of hydrogen fluoride from the process vent by vent-ing emissions through a closed vent system to a wet scrubber thatachieves a 99 weight-percent removal efficiency according to therequirements of 40 CFR subpart SS of this part.

3. kiln seals the kilns are used to react calciumfluoride with sulfuric acid

capture and vent hydrogen fluoride emissions during emergenciesthrough a closed vent system to a wet scrubber that achieves a 99weight-percent hydrogen fluoride removal efficiency meeting the re-quirements of 40 CFR subpart SS of this part. An alternativemeans of emission limitation including leakless seals may also beestablished as provided in § 63.1112 .


TABLE 4. TO § 63.1103—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A HYDROGEN FLUORIDE PRODUCTIONEXISTING OR NEW AFFECTED SOURCE?—Continued

If you own or operate... And if... Then you must...

4. a transfer rack the transfer rack is associated withbulk hydrogen fluoride liquidloading into tank trucks and railcars

reduce emissions of hydrogen fluoride emissions by venting emis-sions through a closed vent system to a recovery system or wetscrubber that achieves a 99 weight-percent according to the re-quirements of 40 CFR subpart SS of this part, and must load hy-drogen fluoride into only tank trucks and railcars that have a currentcertification in accordance with the U.S. DOT pressure test require-ments of 49 CFR part 180 for tank trucks and 49 CFR 173.31 forrailcars; or have been demonstrated to be vapor-tight (i.e. will sus-tain a pressure change of not more than 750 Pascals within 5 min-utes after it is pressurized to a minimum or 4,500 Pascals) withinthe preceding 12 months.


it contains or contacts hydrogenfluoride

control hydrogen fluoride emissions by using leakless pumps and byimplementing a visual and olfactory leak detection and repair pro-gram as specified in § 63.1004(d) of subpart TT of this part for vis-ual and olfactory leak detection and § 63.1005 of subpart TT of thispart for repair. An owner or operator is required to perform visualand olfactory leak detection inspections once every 8 hours.

(d) Polycarbonate productionapplicability, definitions, andrequirements.—(1) Applicability.—(i)Affected source. For the polycarbonatesproduction (as defined in paragraph(d)(2) of this section) source category,the affected source shall comprise allemission points, in combination, listedin paragraphs (d)(1)(i)(A) through(d)(1)(i)(D) of this section, that areassociated with a polycarbonateproduction process unit located at amajor source as defined in section112(a) of the Act. A polycarbonateproduction process unit, for thepurposes of this rulemaking, is a unitthat produces polycarbonates byinterfacial polymerization frombisphenols and phosgene. Phosgeneproduction units that are associatedwith polycarbonate production processunits are considered to be part of thepolycarbonate production process.

Therefore, for the purposes of thisproposed rulemaking, such phosgeneproduction units are considered to bepolycarbonate production process units.

(A) All storage vessels that storeliquids containing HAP.

(B) All process vents from continuousand batch unit operations.


(D) Equipment (as defined in§ 63.1101 of this subpart) that containsor contacts HAP.

(ii) The compliance schedule, foraffected sources as defined in paragraph(d)(1)(i) of this section, is specified in§ 63.1102(a).

(2) Definitions.Polycarbonates production means a

process engaged in the production of aspecial class polyester formed from anydihydroxy compound and any carbonatediester or by ester exchange.Polycarbonates may be produced by

solution or emulsion polymerization,although other methods may be used. Atypical method for the manufacture ofpolycarbonates includes the reaction ofbisphenol-A with phosgene in thepresence of pyridine to formpolycarbonate. Methylene chloride isused as a solvent in this polymerizationreaction.

(3) Requirements. Tables 5 and 6specify the applicability criteria andstandards for existing and new sourceswithin the polycarbonates productionsource category. Applicabilitydetermination procedures and methodsare specified in §§ 63.1104 through63.1107. General compliance,recordkeeping, and reportingrequirements are specified in §§ 63.1108through 63.1112. Procedures forapproval of alternative means ofemission limitations are specified in§ 63.1113.

TABLE 5 TO § 63.1103—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATES PRODUCTIONEXISTING AFFECTED SOURCE?


1. a storage vessel with: 8 cubicmeters

the maximum true vapor pressureof organic HAP is > 41.3kilopascals

reduce emissions of organic HAP by 95 weight-percent, or reduceTOC to a concentration of 20 parts per million by volume, which-ever is less stringent, by venting emissions through a closed ventsystem to a control device meeting the requirements of 40 CFRsubpart SS (national emission standards for closed vent systems,control devices, recovery devices, and routing to a fuel gas systemor a process), § 63.982(a) of this part

ora storage vessel with: 75 cubic me-

ters ≤ capacity < 151 cubic me-ters

the maximum true vapor pressureof organic HAP ≥ 27.6kilopascals

route emissions to a fuel gas system or process meeting the require-ments of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(a) of this part

orcomply with the requirements of 40 CFR subpart WW (national emis-

sion standards for storage vessels (control level 2)) of this part.


TABLE 5 TO § 63.1103—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATES PRODUCTIONEXISTING AFFECTED SOURCE?—Continued


2. a storage vessel with: 151 cubicmeters ≤ capacity

the maximum true vapor pressureof organic HAP ≥ 5.2 kilopascals



ters ≤ capacitythe maximum true vapor pressure

of organic HAP ≥ 76.6kilopascals

route emissions to a fuel gas system or process meeting the require-ments of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(a) of this part.


the vent stream has a mass emis-sion rate of halogen atoms con-tained in organic compounds <0.45 kilograms per hour a,

anda TRE b ≤ 2.7

reduce emissions of organic HAP by using a flare,or

reduce emissions of organic HAP by 98 weight-percent, or reduceTOC to a concentration of 20 parts per million by volume, which-ever is less stringent, by venting emissions through a closed ventsystem to any combination of control devices meeting the require-ments of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(b) of this part;

orachieve and maintain a TRE index value greater than 2.7.

a process vent from continuousunit operations (halogenated)

the vent stream has a mass emis-sion rate of halogen atoms con-tained in organic compounds ≥0.45 kilograms per hour a,

anda TRE b 2.7

reduce emissions of organic HAP as specified for nonhalogenatedprocess vents from continuous unit operations (other than by usinga flare) and by venting emissions through a closed vent system toa halogen reduction device meeting the requirements of 40 CFRsubpart SS (national emission standards for closed vent systems,control devices, recovery devices, and routing to a fuel gas systemor a process), § 63.982(b) of this part that reduces hydrogenhalides and halogens by 99 weight-percent or to less than 0.45kilograms per hour, whichever is less stringent;



4. a process vent from continuousunit operations

2.7 ≤ TRE b ≤ 4.0 monitor and keep records of equipment operating parameters speci-fied to be monitored under 40 CFR subpart SS (national emissionstandards for closed vent systems, control devices, recovery de-vices, and routing to a fuel gas system or a process),§§ 63.990(c)(absorber monitoring), 63.991(c) (condenser monitor-ing), 63.992(c) (carbon adsorber monitoring), or 63.995(c) (othernoncombustion systems used as a control device monitoring) ofthis part.

5. a process vent from batch unitoperations (nonhalogenated) c

annual emissions of organic HAP≥ 11,800 kilogram HAP peryear d,

andthe calculated cutoff flow rate ≥

the annual average flow rate ofthe streams e,

andaggregated mass emission rate of

halogen atoms contained in or-ganic compounds < 3,750 kilo-grams per year e

reduce emissions of organic HAP from the process vent from batchunit operations by using a flare meeting the requirements of 40CFR subpart SS (national emission standards for closed vent sys-tems, control devices, recovery devices, and routing to a fuel gassystem or a process), § 63.982(b) of this part,

orreduce emissions of organic HAP by an aggregated 90 weight-per-

cent or to a TOC concentration of 20 parts per million by volumeper batch cycle, whichever is less stringent, by venting emissionsthrough a closed vent system to any combination of control devicesmeeting the requirements of 40 CFR subpart SS (national emissionstandards for closed vent systems, control devices, recovery de-vices, and routing to a fuel gas system or a process), § 63.982(b) ofthis part.


TABLE 5 TO § 63.1103—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATES PRODUCTIONEXISTING AFFECTED SOURCE?—Continued


6. a process vent from batch unitoperations (halogenated) c

annual emissions of organic HAP≥ 11,800 kilogram HAP peryear d


the annual average flow rate ofthe streams e

andaggregated mass emissions rate

of halogen atoms contained inorganic compounds of ≥ 3,750kilograms per year f

reduce emissions of HAP as specified for nonhalogenated processvent from batch unit operations (other than by using a flare) and byventing emissions through a closed vent system to a halogen re-duction device meeting the requirements of 40 CFR subpart SS(national emission standards for closed vent systems, control de-vices, recovery devices, and routing to a fuel gas system or a proc-ess), § 63.982(b) of this part that reduces hydrogen halides andhalogens by 99 weight percent, or reduce the process vent halogenatom mass emission rate to less than 3,750 kilograms per year,whichever is less stringent, by venting emissions through a closedvent system to a halogen reduction device meeting the require-ments of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(b) of this part and thencomplying with the requirements for process vents from batch unitoperations (nonhalogenated).

7. a wastewater treatment systemunit

the wastewater stream has an an-nual average HAP concentration≥ 10,000 part per million byweight g


nual average HAP concentration≥ 1,000 parts per million byweight g, and an annual averageflowrate ≥ 10 liters per minute h



the equipment contains or contacts≥ 5 weight-percent HAP i, andoperates ≥ 300 hours per year



b The TRE is determined according to the procedures specified in § 63.1104(j). If a dryer is manifolded with such vents, and the vent is routedto a recovery, recapture, or combustion device, then the TRE index value for the vent must be calculated based on the properties of the ventstream (including the contributions of the dryer). If a dryer is manifolded with other vents and not routed to a recovery, recapture, or combustiondevice, then the TRE index value must be calculated excluding the contributions of the dryer. The TRE index value for the dryer must be doneseparately in this case.

c Process vents from batch unit operations that are manifolded with process vents from continuous unit operations are to be treated as a proc-ess vent from a continuous unit operation for purposes of applicability and control.

d The annual organic HAP emissions from process vents from batch unit operation is determined according to the procedures specified in§ 63.1105(b).

e The determination of average flow rate and annual average flow rate is determined according to the procedures specified in § 63.1105(d).f The determination of halogenated emissions from batch unit operations is determined according to the procedures specified in § 63.1105(c).g The annual average wastewater organic HAP concentration is determined according to the procedures specified in § 63.1106(a) through (c).h The annual wastewater average flowrate is determined according to procedures specified in § 63.1106(d).i The weight-percent HAP is determined for equipment according to procedures specified in § 63.1107.

TABLE 6 TO § 63.1103.—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATES PRODUCTION NEWAFFECTED SOURCE?


1. a storage vessel with: 8 cubicmeters ≤ capacity < 151 cubicmeters

the maximum true vapor pressureof organic HAP ≥ 2.1 kilopascals


orroute emissions to a fuel gas system meeting the requirements of 40

CFR subpart SS (national emission standards for closed vent sys-tems, control devices, recovery devices, and routing to a fuel gassystem or a process), § 63.982(a) of this part

orcomply with the requirements of 40 CFR part 63 subpart WW (na-

tional emission standards for storage vessels (control level 2)) ofthis part.


TABLE 6 TO § 63.1103.—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATES PRODUCTION NEWAFFECTED SOURCE?—Continued


2. a storage vessel with: 151 cubicmeters < capacity

the vapor pressure of stored mate-rial is

≥ 5.2 kilopascals

reduce emissions of organic HAP by 98 weight-percent, or reduceTOC to a concentration of 20 parts per million by volume, which-ever is less stringent, by venting emissions through a closed ventsystem to a control device meeting the requirements of 40 CFRsubpart SS (national emission standards for closed vent systems,control devices, recovery devices, and routing to a fuel gas systemor a process), § 63.982(b) of this part


ters≤ capacity

the vapor pressure of stored mate-rial is

≥ 76.6 kilopascals

route emissions to a fuel gas system or process meeting the require-ments of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(b) of this part.


the vent stream has a mass emis-sion rate of halogen atoms con-tained in organic compounds <0.45 kilograms per hour a

anda TRE b ≤ 9.6

reduce emissions of organic HAP by using a flare,or

reduce emissions of organic HAP by 98 weight-percent, or reduceTOC to a concentration of 20 parts per million by volume, which-ever is less stringent, by venting emissions through a closed ventsystem to any combination of control devices meeting the require-ments of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(b) of this part;

orachieve and maintain a TRE index value greater than 9.6.

a process vent from continuousunit operations (halogenated)

the vent stream has a mass emis-sion rate of halogen atoms con-tained in organic compounds ≥0.45 kilograms per hour a

anda TRE b ≤ 9.6

reduce emissions of organic HAP as specified for nonhalogenatedprocess vents from continuous unit operations (other than by usinga flare) and by venting emissions through a closed vent system toa halogen reduction device meeting the requirements of 40 CFRsubpart SS (national emission standards for closed vent systems,control devices, recovery devices, and routing to a fuel gas systemor a process), § 63.982(b) of this part that reduces hydrogenhalides and halogens by 99 weight-percent or to less than 0.45kilograms per hour, whichever is less stringent;



4. a process vent from batch unitoperations (nonhalogenated) c

annual emissions of organic HAP≥ 11,800 kilogram per year d


the annual average flow ratee ofthe streams,

andaggregated mass emission rate of

halogen atoms contained in or-ganic compounds < 3,750 kilo-grams per yearf

reduce emissions of organic HAP from the process vent from batchunit operations by using a flare meeting the requirements of 40CFR subpart SS (national emission standards for closed vent sys-tems, control devices, recovery devices, and routing to a fuel gassystem or a process), § 63.982(b) of this part,

orreduce emissions of organic HAP by an aggregated 90 weight-per-

cent or to a TOC concentration of 20 parts per million by volumeper batch cycle, whichever is less stringent, by venting emissionsthrough a closed vent system to any combination of control devicesmeeting the requirements of 40 CFR subpart SS (national emissionstandards for closed vent systems, control devices, recovery de-vices, and routing to a fuel gas system or a process), § 63.982(b) ofthis part.


TABLE 6 TO § 63.1103.—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATES PRODUCTION NEWAFFECTED SOURCE?—Continued


5. process vent from batch unit op-erations (halogenated) c

annual emissions of organic HAP≥ 11,800 kilogram HAP peryear,d


the annual average flow rate ofthe streams,e

andaggregated mass emissions of

halogen atoms contained in or-ganic compounds ≥ 3,750 kilo-grams per year f

reduce emissions of organic HAP as specified for nonhalogenatedprocess vents from batch unit operations (other than by using aflare) and by venting emissions through a closed vent system to ahalogen reduction device meeting the requirements of 40 CFR sub-part SS (national emission standards for closed vent systems, con-trol devices, recovery devices, and routing to a fuel gas system ora process), § 63.982(b) of this part that reduces hydrogen halidesand halogens by 99 weight percent,


than 3,750 kilograms per year, by venting emissions through aclosed vent system to a halogen reduction device meeting the re-quirements of 40 CFR subpart SS (national emission standards forclosed vent systems, control devices, recovery devices, and routingto a fuel gas system or a process), § 63.982(b) of this part and thencomplying with the requirements for process vents from batch unitoperations (nonhalogenated).

7. a wastewater treatment unit the wastewater stream has an an-nual average HAP concentration≥ 10,000 parts per million byweight g at any flow rate


nual average HAP concentration≥ 1,000 parts per million byweightg, and an annual averageflowrate ≥ 10 liters per minute h



the equipment contains or contacts≥ 5 weight-percent HAPi, andoperates ≥ 300 hours per year



b The TRE is determined according to the procedures specified in § 63.1104(j). If a dryer is manifolded with such vents, and the vent is routedto a recovery, recapture, or combustion device, then the TRE index value for the vent must be calculated based on the properties of the ventstream (including the contributions of the dryer). If a dryer is manifolded with other vents and not routed to a recovery, recapture, or combustiondevice, then the TRE index value must be calculated excluding the contributions of the dryer. The TRE index value for the dryer must be doneseparately in this case.

c Process vents from batch unit operations that are manifolded with process vents from continuous unit operations are to be treated as a proc-ess vent from a continuous unit operation for purposes of applicability and control.

d The annual organic HAP emissions from process vents from batch unit operation is determined according to the procedures specified in§ 63.1105(b).

e The determination of average flow rate and annual average flow rate is determined according to the procedures specified in § 63.1105(d).f The determination of halogenated emissions from batch unit operations is determined according to the procedures specified in § 63.1105(c).g The annual average wastewater organic HAP concentration is determined according to the procedures specified in § 63.1106(a) through (c).h The annual wastewater average flowrate is determined according to procedures specified in § 63.1106(d).

§ 63.1104 Process vents from continuousunit operations: applicability determinationprocedures and methods.

(a) General. The provisions of thissection provide calculation andmeasurement methods for parametersthat are used to determine applicabilityof the requirements for process ventsfrom continuous unit operations. Theowner or operator of a process ventcontrolling emissions by ventingemissions to a flare or by reducingemissions of organic HAP by a specifiedweight-percent or to a TOCconcentration is not required todetermine the TRE index value for theprocess vent. Section 63.1103 of thissubpart directs the owner or operator tothe emission point control and

associated monitoring, recordkeepingand reporting requirements that apply.

(b) Sampling sites. For purposes ofdetermining process vent volumetricflow rate, regulated organic HAPconcentration, total organic HAP or TOCconcentration, heating value, or TREindex value, the sampling site shall belocated after the last recovery device (ifany recovery devices are present) butprior to the inlet of any control devicethat is present, and prior to release tothe atmosphere.

(1) Sampling site selection method.Method 1 or 1A of 40 CFR part 60,appendix A, as appropriate, shall beused for selection of the sampling site.No traverse site selection method isneeded for process vents smaller than

0.10 meter (0.33 foot) in nominal insidediameter.

(2) Sampling site when a halogenreduction device is used prior to acombustion device. An owner oroperator using a scrubber to reduce theprocess vent halogen atom massemission rate to less than 0.45 kilogramsper hour (0.99 pound per hour) prior toa combustion control device incompliance with § 63.1103 (asappropriate) shall determine thehalogen atom mass emission rate priorto the combustor according to theprocedures in paragraph (i) of thissection.

(c) Requirement applicabilitydetermination. The TOC or HAPconcentrations, process vent volumetric


flow rates, process vent heating values,process vent TOC or HAP emissionrates, halogenated process ventdeterminations, process vent TRE indexvalues, and engineering assessmentprocess vent control applicabilitydetermination requirements are to bedetermined during maximumrepresentative operating conditions forthe process, except as provided inparagraph (d) of this section, or unlessthe Administrator specifies or approvesalternate operating conditions.Operations during periods of startup,shutdown, and malfunction shall notconstitute representative conditions forthe purpose of an applicability test.

(d) Exceptions. (1) The owner oroperator shall determine process ventrequirement applicability based onperiods of peak emission episode(s) forthe combined stream.

(2) The owner or operator mustdevelop an emission profile for anapplicable process vent, based on eitherprocess knowledge or test datacollected, to demonstrate that controlrequirement applicability determinationperiods are representative of peakemission episodes for batch unitoperations and maximum representativeoperating conditions for continuous unitoperations. The emission profile mustprofile HAP loading rate versus time forall emission episodes contributing to theprocess vent stack for a period of timethat is sufficient to include allcontinuous unit operations and batchcycles form batch unit operationsventing to the stack. Examples ofinformation that could constituteprocess knowledge include calculationsbased on material balances, and processstoichiometry. Previous test results maybe used to develop an emission profile,provided the results are stillrepresentative of the current processvent stream conditions.

(e) TOC or HAP concentration. TheTOC or HAP concentrations, used forTRE index value calculations inparagraph (j) of this section, shall bedetermined based on paragraph (e)(1),(e)(2) or (k) of this section, or any othermethod or data that have been validatedaccording to the protocol in method 301of appendix A of part 63. Forconcentrations needed for comparisonwith the appropriate controlapplicability concentrations specified in§ 63.1103, TOC or HAP concentrationshall be determined based on paragraph(e)(1), (e)(2), or (k) of this section or anyother method or data that has beenvalidated according to the protocol inmethod 301 of appendix A of part 63.The owner or operator shall record theTOC or HAP concentration as specifiedin paragraph.

(1) Method 18. The proceduresspecified in paragraph (e)(1)(i) and(e)(1)(ii) of this section shall be used tocalculate parts per million by volumeconcentration using method 18 of 40CFR part 60, appendix A:

(i) The minimum sampling time foreach run shall be 1 hour in which eitheran integrated sample or four grabsamples shall be taken. If grab samplingis used, then the samples shall be takenat approximately equal intervals in time,such as 15 minute intervals during therun.

(ii) The concentration of either TOC(minus methane and ethane) orregulated organic HAP emissions shallbe calculated according to paragraph(e)(1)(ii)(A) or (e)(1)(ii)(B) of this section(as applicable).

(A) The TOC concentration (CTOC) isthe sum of the concentrations of theindividual components and shall becomputed for each run using thefollowing equation:

C

C

xEqTOC

jij

n

i

x

=

==∑∑

111[ . ]

Where:CTOC = Concentration of TOC (minus

methane and ethane), dry basis,parts per million by volume.

Cji = Concentration of samplecomponent j of the sample i, drybasis, parts per million by volume.

n = Number of components in thesample.

x = Number of samples in the samplerun.

(B) The regulated organic HAP or totalorganic HAP concentration (CHAP) shallbe computed according to the equationin paragraph (e)(1)(ii)(A) of this sectionexcept that only the regulated or totalorganic HAP species shall be summed,as appropriate.

(2) Method 25A. The proceduresspecified in paragraphs (e)(2)(i) through(e)(2)(vi) of this section shall be used tocalculate parts per million by volumeconcentration using Method 25A of 40CFR part 60, appendix A:

(i) Method 25A of 40 CFR part 60,appendix A shall be used only if asingle organic HAP compound greaterthan 50 percent of total organic HAP orTOC, by volume, in the process vent.

(ii) The process vent composition maybe determined by either processknowledge, test data collected using anappropriate Environmental ProtectionAgency method or a method or datavalidated according to the protocol inmethod 301 of appendix A of part 63.Examples of information that couldconstitute process knowledge include

calculations based on material balances,process stoichiometry, or previous testresults provided the results are stillrelevant to the current process ventconditions.

(iii) The organic compound used asthe calibration gas for Method 25A of 40CFR part 60, appendix A shall be thesingle organic HAP compound presentat greater than 50 percent of the totalorganic HAP or TOC by volume.

(iv) The span value for Method 25Aof 40 CFR part 60, appendix A shall beequal to the appropriate controlapplicability concentration valuespecified in the applicable table(s)presented in § 63.1103 of this subpart.

(v) Use of Method 25A of 40 CFR part60, appendix A is acceptable if theresponse from the high-level calibrationgas is at least 20 times the standarddeviation of the response from the zerocalibration gas when the instrument iszeroed on the most sensitive scale.

(vi) The owner or operator shalldemonstrate that the concentration ofTOC including methane and ethanemeasured by Method 25A of 40 CFRpart 60, appendix A is below one-halfthe appropriate control applicabilityconcentration specified in theapplicable table for a subject sourcecategory in § 63.1103 in order to qualifyfor a low HAP concentration exclusion.

(f) Volumetric flow rate. The processvent volumetric flow rate (QS), instandard cubic meters per minute at 20°C, shall be determined as specified inparagraphs (f)(1) or (f)(2) of this sectionshall be recorded as specified in§ 63.1109.

(1) Use Method 2, 2A, 2C, or 2D of 40CFR part 60, appendix A, asappropriate. If the process vent testedpasses through a final steam jet ejectorand is not condensed, the streamvolumetric flow shall be corrected to 2.3percent moisture; or

(2) The engineering assessmentprocedures in paragraph (k) of thissection can be used for determiningvolumetric flow rates.

(g) Heating value. The net heatingvalue shall be determined as specifiedin paragraphs (g)(1) and (g)(2) of thissection, or by using the engineeringassessment procedures in paragraph (k)of this section.

(1) The net heating value of theprocess vent shall be calculated usingthe following equation:

H K D H EqT j jj

n

=

=∑1

1

2[ . ]

Where:HT = Net heating value of the sample,

megaJoule per standard cubic


meter, where the net enthalpy permole of process vent is based oncombustion at 25 °C and 760millimeters of mercury, but thestandard temperature fordetermining the volumecorresponding to 1 mole is 20 °C, asin the definition of Qs (process ventvolumetric flow rate).

K1 = Constant, 1.740 x 10¥7 (parts permillion)¥1(gram-mole per standardcubic meter) (megaJoule perkilocalorie), where standardtemperature for (gram-mole perstandard cubic meter) is 20 °C.

Dj = Concentration on a wet basis ofcompound j in parts per million, asmeasured by procedures indicatedin paragraph (e)(2) of this section.For process vents that pass througha final stream jet and are notcondensed, the moisture is assumedto be 2.3 percent by volume.

Hj = Net heat of combustion ofcompound j, kilocalorie per gram-mole, based on combustion at 25 °Cand 760 millimeters mercury. Theheats of combustion of process ventcomponents shall be determinedusing American Society for Testingand Materials D2382–76 ifpublished values are not availableor cannot be calculated.

(2) The molar composition of theprocess vent (Dj) shall be determinedusing the methods specified inparagraphs (g)(2)(i) through (g)(2)(iii) ofthis section:

(i) Method 18 of 40 CFR part 60,appendix A to measure theconcentration of each organiccompound.

(ii) American Society for Testing andMaterials D1946–77 to measure theconcentration of carbon monoxide andhydrogen.

(iii) Method 4 of 40 CFR part 60,appendix A to measure the moisturecontent of the stack gas.

(h) TOC or HAP emission rate. Theemission rate of TOC (minus methaneand ethane) (ETOC) and the emission rateof the regulated organic HAP or totalorganic HAP (EHAP) in the process vent,as required by the TRE index valueequation specified in paragraph (j) ofthis section, shall be calculated usingthe following equation:

E K C M Q Eqj jj

n

S=

=∑2

1

3[ . ]

Where:E=Emission rate of TOC (minus

methane and ethane) (ETOC) oremission rate of the regulatedorganic HAP or total organic HAP(EHAP) in the sample, kilograms perhour.

K2=Constant, 2.494 × 10¥6 (parts permillion)¥1 (gram-mole per standardcubic meter) (kilogram/gram)(minutes/hour), where standardtemperature for (gram-mole perstandard cubic meter) is 20 °C.

n=Number of components in thesample.

Cj=Concentration on a dry basis oforganic compound j in parts permillion as measured by method 18of 40 CFR part 60, appendix A asindicated in paragraph (e) of thissection. If the TOC emission rate isbeing calculated, Cj includes allorganic compounds measuredminus methane and ethane; if thetotal organic HAP emission rate isbeing calculated, only organic HAPcompounds are included; if theregulated organic HAP emissionrate is being calculated, onlyregulated organic HAP compoundsare included.

Mj=Molecular weight of organiccompound j, gram/gram-mole.

Qs=Process vent flow rate, dry standardcubic meter per minute, at atemperature of 20 °C.

(i) Halogenated process ventdetermination. In order to determinewhether a process vent is halogenated,the mass emission rate of halogen atomscontained in organic compounds shallbe calculated according to theprocedures specified in paragraphs (i)(1)and (i)(2) of this section. A process ventis considered halogenated if the massemission rate of halogen atomscontained in the organic compounds isequal to or greater than 0.45 kilogramsper hour.

(1) The process vent concentration ofeach organic compound containinghalogen atoms (parts per million byvolume, by compound) shall bedetermined based on one of theprocedures specified in paragraphs(i)(1)(i) through (i)(1)(iv) of this section:

(i) Process knowledge that no halogenor hydrogen halides are present in theprocess vent, or

(ii) Applicable engineeringassessment as discussed in paragraph(k) of this section, or

(iii) Concentration of organiccompounds containing halogensmeasured by method 18 of 40 CFR part60, appendix A, or

(iv) Any other method or data thathave been validated according to theapplicable procedures in method 301 ofappendix A of this part.

(2) The following equation shall beused to calculate the mass emission rateof halogen atoms:

E K Q C L M Eqj j i j ii

m

j

n

= ∗ ∗

==∑∑2

11

4, , [ . ]

Where:E=mass of halogen atoms, dry basis,

kilogram per hour,K2=Constant, 2.494×10¥6 (parts per

million)¥1 (kilogram-mole perstandard cubic meter) (minute perhour), where standard temperatureis 20 °C.

Q=Flow rate of gas stream, dry standardcubic meters per minute,determined according to paragraph(f)(1) or (f)(2) of this section.

n=Number of halogenated compounds jin the gas stream.

j=Halogenated compound j in the gasstream.

m=Number of different halogens i ineach compound j of the gas stream.

i=Halogen atom i in compound j of thegas stream.

Cj=Concentration of halogenatedcompound j in the gas stream, drybasis, parts per million by volume.

Lji=Number of atoms of halogen i incompound j of the gas stream.

Mji=Molecular weight of halogen atom iin compound j of the gas stream,kilogram per kilogram-mole.

(j) TRE index value. The owner oroperator shall calculate the TRE indexvalue of the process vent using theequations and procedures in thisparagraph, as applicable, and shallmaintain records specified in paragraphor, as applicable.

(1) TRE index value equation. Theequation for calculating the TRE indexvalue is as follows:

TRE E A B Q C H D E C EqHAP s T TO= ∗ + ( ) + ( ) + ( )[ ]1 5/ [ . ]

Where:

TRE = TRE index value.

A, B, C, D=Parameters presented in table8 of this subpart. The parameters in

the table include the followingvariables:


EHAP=Emission rate of total organicHAP, kilograms per hour, ascalculated according to paragraph(h) or (k) of this section.

Qs=process vent flow rate, standardcubic meters per minute, at a

standard temperature of 20 °C, ascalculated according to paragraph(f) or (k) of this section.

HT=process vent net heating value,megaJoules per standard cubic

meter, as calculated according toparagraph (g) or (k) of this section.

ETOC=Emission rate of TOC (minusmethane and ethane), kilograms perhour, as calculated according toparagraph (h) or (k) of this section.

TABLE 8.—TRE INDEX VALUE PARAMETERS a

Existing or new? Halogenated vent stream? A B C D

Existing .................................................. Yes ........................................................ 3.995 0.05200 ¥0.001769 0.0009700No ......................................................... 1.935 0.3660 ¥0.007687 ¥0.000733

1.492 0.06267 0.03177 ¥0.0011592.519 0.01183 0.01300 0.04790

New ....................................................... Yes ........................................................ 1.0895 0.01417 ¥0.000482 0.0002645No ......................................................... 0.5276 0.0998 ¥0.002096 ¥0.0002000

0.4068 0.0171 0.008664 ¥0.0003160.6868 0.00321 0.003546 0.01306

a Use according to procedures outlined in this section.AAAAMJ/scm=Mega Joules per standard cubic meterAAAAscm/min = Standard cubic meters per minute

(2) Nonhalogenated process vents.The owner or operator of anonhalogenated process vent shallcalculate the TRE index value by usingthe equation and appropriatenonhalogenated process vent parametersin table 8 of this section for processvents at existing and new sources. Thelowest TRE index value is to beselected.

(3) Halogenated process vents. Theowner or operator of a halogenatedprocess vent stream, as determinedaccording to procedures specified inparagraph (i) or (k) of this section, shallcalculate the TRE index value using theappropriate halogenated process ventparameters in table 8 of this section forexisting and new sources.

(k) Engineering assessment. Forpurposes of TRE index valuedetermination, engineering assessmentmay be used to determine process ventflow rate, net heating value, TOCemission rate, and total organic HAPemission rate for the representativeoperating condition expected to yieldthe lowest TRE index value. Engineeringassessments shall meet the requirementsof paragraphs (k)(1) through (k)(4) ofthis section. If process vent flow rate orprocess vent organic HAP or TOCconcentration is being determined forcomparison with the 0.011 scmm flowrate or the applicable concentrationvalue presented in the tables in§ 63.1103, engineering assessment maybe used to determine the flow rate orconcentration for the representativeoperating condition expected to yieldthe highest flow rate or concentration.

(1) If the TRE index value calculatedusing such engineering assessment andthe TRE index value equation inparagraph (j) of this section is greaterthan 4.0, then the owner or operator is

not required to perform themeasurements specified in paragraphs(e) through (i) of this section.

(2) If the TRE index value calculatedusing such engineering assessment andthe TRE index value equation inparagraph (j) of this section is less thanor equal to 4.0, then the owner oroperator is required either to performthe measurements specified inparagraphs (e) through (i) of this sectionfor control applicability determinationor comply with the requirements (orstandards) specified in the tablespresented in § 63.1103 (as applicable).

(3) Engineering assessment includes,but is not limited to, the examplesspecified in paragraphs (k)(3)(i) through(k)(3)(iv):

(i) Previous test results, provided thetests are representative of currentoperating practices at the process unit.

(ii) Bench-scale or pilot-scale test datarepresentative of the process underrepresentative operating conditions.

(iii) Maximum flow rate, TOCemission rate, organic HAP emissionrate, organic HAP or TOC concentration,or net heating value limit specified orimplied within a permit limit applicableto the process vent.

(iv) Design analysis based on acceptedchemical engineering principles,measurable process parameters, orphysical or chemical laws or properties.Examples of analytical methods include,but are not limited to those specified inparagraphs (k)(3)(iv)(A) through(k)(3)(iv)(D) of this section:

(A) Use of material balances based onprocess stoichiometry to estimatemaximum TOC or organic HAPconcentrations,

(B) Estimation of maximum flow ratebased on physical equipment designsuch as pump or blower capacities,

(C) Estimation of TOC or organic HAPconcentrations based on saturationconditions, and

(D) Estimation of maximum expectednet heating value based on the streamconcentration of each organiccompound or, alternatively, as if allTOC in the stream were the compoundwith the highest heating value.

(4) All data, assumptions, andprocedures used in the engineeringassessment shall be documented. Theowner or operator shall maintain therecords specified in paragraphs (l)(1)through (l)(4) of this section, asapplicable.

(l) Applicability determinationrecordkeeping requirements.—(1) TREindex value records. The owner oroperator shall maintain records ofmeasurements, engineering assessments,and calculations performed todetermine the TRE index value of theprocess vent according to theprocedures of paragraph (j) of thissection, including those recordsassociated with halogen vent streamdetermination. Documentation ofengineering assessments shall includeall data, assumptions, and proceduresused for the engineering assessments, asspecified in paragraph (k) of thissection. As specified in paragraph (m) ofthis section, the owner or operator shallinclude this information in the InitialCompliance Status Report.

(2) Flow rate records. The owner oroperator shall record the flow rate asmeasured using the sampling site andflow rate determination procedures (ifapplicable) specified in paragraphs (b)and (f) of this section or determinedthrough engineering assessment asspecified in paragraph (k) of thissection. As specified in paragraph (m) ofthis section, the owner or operator shall


include this information in the InitialCompliance Status Report.

(3) Concentration records. The owneror operator shall record the regulatedorganic HAP or TOC concentration (ifapplicable) as measured using thesampling site and regulated organicHAP or TOC concentrationdetermination procedures specified inparagraphs (e)(1) and (e)(2) of thissection, or determined throughengineering assessment as specified inparagraph (k) of this section. Asspecified in paragraph (m) of thissection, the owner or operator shallinclude this information in the InitialCompliance Status Report.

(4) Process change records. The owneror operator shall keep up-to-date,readily accessible records of any processchanges that change the controlapplicability for a process vent. Recordsare to include any recalculation ormeasurement of the flow rate, regulatedorganic HAP or TOC concentration, andTRE index value.

(m) Applicability determinationreporting requirements.—(1) Initialcompliance status report. The owner oroperator shall submit, as part of theInitial Compliance Status Reportspecified in § 63.1110, the informationrecorded in paragraph (m)(2) or (m)(3) ofthis section.

(2) Process change. (i) Whenever aprocess vent becomes subject to controlrequirements under subpart SS of thispart as a result of a process change, theowner or operator shall submit a reportwithin 60 days after the performancetest or applicability determination,whichever is sooner. The report may besubmitted as part of the next PeriodicReport. The report shall include theinformation specified in paragraphs(m)(2)(i)(A) through (m)(2)(i)(C) of thissection.

(A) A description of the processchange;

(B) The results of the recalculation ofthe flow rate, organic HAP or TOCconcentration, and/or TRE index valuerequired under paragraphs (e), (f), and(j), and recorded under paragraph (l);and

(C) A statement that the owner oroperator will comply with therequirements specified in § 63.1103 bythe schedules specified in that sectionfor the affected source.

(ii) If a performance test is required asa result of a process change, the owneror operator shall specify that theperformance test has become necessarydue to a process change. Thisspecification shall be made in thenotification to the Administrator of theintent to conduct a performance test.

(iii) If a process change does not resultin the need for additional requirementsthen the owner or operator shall includea statement documenting this in thenext Periodic Report (as provided for in§ 63.1110 of this subpart) after theprocess change was made.

(iv) Parameter monitoring. An owneror operator that maintains a TRE indexvalue (if applicable) greater than thevalue specified in an applicable tablepresented in § 63.1103 of this subpartwithout using a recovery device shallreport a description of the parameter(s)to be monitored to ensure pollutionprevention measure is operated inconformance with its design or processand achieves and maintains the TREindex value above the specified level,and an explanation of the criteria usedto select parameter(s). An owner oroperator that maintains a TRE indexvalue (if applicable) greater than thevalue specified in an applicable tablepresented in § 63.1104 of this subpart byusing a recovery device shall complywith the requirements of § 63.993(c) ofsubpart SS. A pollution preventionmeasure is any practice that meets thecriteria of paragraphs (m)(2)(iv)(A) and(m)(2)(iv)(B) of this section.

(A) A pollution prevention measure isany practice that results in a lesserquantity of regulated HAP emissions perunit of product released to theatmosphere prior to out-of-processrecycling, treatment, or control ofemissions, while the same product isproduced.

(B) Pollution prevention measuresmay include: substitution of feedstocksthat reduce regulated HAP emissions;alterations to the production process toreduce the volume of materials releasedto the environment; equipmentmodifications; housekeeping measures;and in-process recycling that returnswaste materials directly to productionas raw materials. Production cutbacksdo not qualify as pollution prevention.

§ 63.1105 Process vents from batch unitoperations: applicability determinationprocedures and methods.

(a) General. The provisions of thissection provide calculation andmeasurement methods for parametersthat are used to determine applicabilityof the requirements for process vents forbatch unit operations. Section 63.1103directs the owner or operator to thespecific control requirements andassociated monitoring, recordkeepingand reporting requirements that apply.

(b) Annual organic HAP emissionsfrom process vents from batch unitoperations. An owner or operator shallcalculate the annual regulated HAPemissions from all process vents from

batch unit operations for a process unitby following the procedures specified inparagraphs (b)(1) and (b)(2) of thissection.

(1) Batch cycle emissions. Theuncontrolled regulated organic HAPemissions from an individual batchcycle for each process vent from a batchunit operation shall be determinedusing the procedures in § 63.488 (b)(1)through (b)(7) of subpart U.

(2) Determination of annualemissions. The annual regulated organicHAP emissions from each process ventfrom a batch unit operation shall bedetermined using the procedures in§ 63.448(b)(8) of subpart U. The owneror operator shall determine, for eachapplicable production process unit, thesum of annual regulated HAP emissionsfrom all process vents from batch unitby summing the annual regulatedorganic HAP emissions from allindividual process vents from batch unitoperations in an applicable productionprocess unit to obtain the total annualregulated organic HAP emissions fromthe process vents from batch unitoperations.

(c) Halogenated emissions from batchunit operations. In order to determinewhether a batch process vent or anaggregate batch vent stream ishalogenated, the annual mass emissionrate of halogen atoms contained inorganic compounds shall be calculatedusing the procedures specified inparagraphs (c)(1) through (c)(3) of thissection.

(1) The concentration of each organiccompound containing halogen atoms(parts per million by volume, bycompound) for each batch emissionepisode shall be determined based onone of the procedures specified inparagraphs (c)(1)(i) through (c)(1)(iv) ofthis section:

(i) Process knowledge that nohalogens or hydrogen halides arepresent in the process may be used todemonstrate that a batch emissionepisode is nonhalogenated. Halogens orhydrogen halides that areunintentionally introduced into theprocess shall not be considered inmaking a finding that a batch emissionepisode is nonhalogenated.

(ii) Engineering assessment asdiscussed in § 63.1104(k).

(iii) Concentration of organiccompounds containing halogens andhydrogen halides as measured byMethod 26 or 26A of 40 CFR part 60,appendix A.

(iv) Any other method or data that hasbeen validated according to theapplicable procedures in Method 301,40 CFR part 63, appendix A.


(2) The mass of halogen atoms for abatch process vent shall be calculatedusing Equation 6.

E K C L M AFR Eqhalogen avgj j i j ii

m

j

n

= ( )( )( )

==

∑∑ , , [ . ]11

6

Where:Ehalogen = Mass of halogen atoms, dry

basis, kilograms per year.K = Constant, 0.022 (parts per million

by volume)-1 (kilogram-mole perscm) (minutes per year), wherestandard temperature is 20°C.

AFR = Annual average batch vent flowrate of the batch process vent,determined according to paragraph(d) of this section, scmm.

Mj,i = Molecular weight of halogen atomi in compound j, kilogram perkilogram-mole.

Lj,i = Number of atoms of halogen i incompound j.

n = Number of halogenated compoundsj in the batch process vent.

m = Number of different halogens i ineach compound j of the batchprocess vent.

Cavgj = Annual average batch ventconcentration of halogenatedcompound j in the batch processvent, as determined by usingEquation 7, dry basis, parts permillion by volume.

C

DUR C

DUR

Eqavgj

i ii

n

ii

n=( )( )

( )=

=

∑

∑1

1

7[ . ]

Where:DURi = Duration of type i batch

emission episodes annually, hoursper year.

Ci = Average batch vent concentration ofhalogenated compound j in type ibatch emission episode, parts permillion by volume.

n = Number of types of batch emissionepisodes venting from the batchprocess vent.

(3) The annual mass emissions ofhalogen atoms for an aggregate batchvent stream shall be the sum of theannual mass emissions of halogen atomsfor all batch process vents included inthe aggregate batch vent stream.

(d) Determination of average flow rateand annual average flow rate. Theowner or operator shall determine, foreach applicable production processunit, the total annual average flow ratefor all process vents from batch unitoperations in accordance with (d)(1) and(d)(2) of this section.

(1) The annual average flow rate foreach process vent from a batch unitoperation shall be determined using theprocedures in § 63.488(e) of subpart U.

(2) The owner or operator shall sumthe annual average flow rates from theindividual process vents from batch unitoperations in an applicable productionprocess unit, determined in accordancewith paragraph (d)(1) of this section, toobtain the total annual average flow ratefor all process vents from batch unitoperations for the applicable productionprocess unit.

(e) Determination of cutoff flow rate.For each applicable production processunit at an affected source, the owner oroperator shall calculate the cutoff flowrate using Equation 8.

CFR AE Eq= −( . )( ) . [ . ]0 00437 51 6 8Where:CFR = Cutoff flow rate, standard cubic

meters per minute.AE = Annual TOC or regulated organic

HAP emissions from all processvents from batch unit operations inan applicable process unit, asdetermined in paragraph (b)(2) ofthis section, kilograms per year.

§ 63.1106 Wastewater treatment systemunits: applicability determinationprocedures and methods.

(a) Knowledge of the wastewater. Theowner or operator shall providesufficient information to document thetotal organic HAP average concentrationfor regulated organic HAP. Examples ofinformation that could constituteknowledge include material balances,records of chemical purchases, processstoichiometry, or previous test resultsprovided the results are still

representative of current operatingpractices at the process unit(s). If testdata are used, then the owner oroperator shall provide documentationdescribing the testing protocol and themeans by which sampling variabilityand analytical variability wereaccounted for in the determination ofthe total organic HAP averageconcentration of HAP. The owner oroperator shall document how processknowledge is used to determine the totalorganic HAP average concentration ofregulated organic HAP if it isdetermined that the wastewater streamis not subject to emission controlrequirements under this subpart due toregulated organic HAP concentration.

(b) Bench-scale or pilot-scale testdata. The owner or operator shallprovide sufficient information todemonstrate that the bench-scale orpilot-scale test concentration data arerepresentative of the actual total organicHAP average concentration of regulatedorganic HAP. The owner or operatorshall also provide documentationdescribing the testing protocol, and themeans by which sampling variabilityand analytical variability wereaccounted for in the determination oftotal organic HAP average concentrationor average organic HAP concentration ofeach individually speciated regulatedorganic HAP for the wastewater stream.

(c) Total organic HAP averageconcentration or average organic HAPconcentration. Each wastewater streamshall be analyzed using one of thefollowing test methods for determiningthe total organic HAP averageconcentration or average organic HAPconcentration of each regulated organicHAP.

(1) Use procedures specified inMethod 305 of 40 CFR part 63, appendixA.

(i) Equation 9 shall be used tocalculate the organic HAP concentrationof a regulated organic HAP under thissubpart:

C CMW P

Tt L M Eqi C

i

iS= ∗ ∗ ∗ ∗ ∗ ∗

24 055 760

29310 93

./ [ . ]


Where:Ci = organic HAP concentration of the

regulated organic HAP in thewastewater, parts per million byweight.

CC = Concentration of the regulatedorganic HAP (i) in the gas stream,as measured by Method 305 ofappendix A of this part, parts permillion by volume on a dry basis.

MS = Mass of sample, from Method 305of appendix A of this part,milligrams.

MW = Molecular weight of the organicHAP (i), grams per gram-mole.

24.055 = Ideal gas molar volume at 293oKelvin and 760 millimeters ofmercury, liters per gram-mole.

Pi = Barometric pressure at the time ofsample analysis, millimetersmercury absolute.

760 = Reference or standard pressure,millimeters mercury absolute.

293 = Reference or standardtemperature, oKelvin.

Ti = Sample gas temperature at the timeof sample analysis, °Kelvin.

t = Actual purge time, from Method 305of appendix A of this part, minutes.

L = Actual purge rate, from Method 305of appendix A of this part, liters perminute.

103 = Conversion factor, milligrams pergram.

(ii) Total organic HAP concentration(stream) can be determined by summingthe organic HAP concentrations of allregulated organic HAP’s in thewastewater as illustrated by Equation10.

C C Eqstream ii

n

==∑ [ . ]10

1Where:Cstream = Total organic HAP

concentration of wastewater stream.i = Number of organic HAP’s in the

wastewater stream.Ci = organic HAP concentration of

individual organic HAP (i)calculated according to theprocedures in paragraph (c)(1)(i) ofthis section.

(iii) The calculations in paragraph(c)(1)(i), and where applicable, (c)(1)(ii)of this section shall be performed for a

minimum of three samples from eachwastewater stream which arerepresentative of normal flow andconcentration conditions. Wastewatersamples shall be collected using thesampling procedures specified inMethod 25D of 40 CFR part 60,appendix A. Where feasible, samplesshall be taken from an enclosed pipeprior to the wastewater being exposed tothe atmosphere. When sampling from anenclosed pipe is not feasible, aminimum of three representativesamples shall be collected in a mannerto minimize exposure of the sample tothe atmosphere and loss of organic HAPprior to sampling.

(iv) If the wastewater stream has asteady flow rate throughout the year, thetotal organic HAP average concentrationfor regulated organic HAP under thissubpart of the wastewater stream shallbe calculated by averaging the valuescalculated in paragraph (c)(1)(ii) for theindividual samples as illustrated byEquation 11.

C

C

jEqstream avg

stream jj

m

,

,

[ . ]= =∑

111

Where:Cstream, avg = total organic HAP average

concentration for regulated organicHAP.

Cstream, j=total organic HAPconcentration of wastewater stream as

measured in sample (j), calculatedaccording to the procedures inparagraph (c)(1)(ii) of this section.

(v) The average organic HAPconcentration for each regulated organic

HAP shall be calculated by averagingthe values calculated in paragraph(c)(1)(i) of this section for the individualsamples as illustrated by Equation 12.

C

C

jEqi avg

i jj

m

,

,

[ . ]= =∑

112

Where:Ci, avg=average organic HAP

concentration for each regulatedorganic HAP under this subpart

j=number of samplesCi, j=organic HAP concentration of an

individual organic HAP (i) asmeasured in sample (j).

(d) Annual average wastewater flowrate. An owner or operator shalldetermine the annual averagewastewater flow rate either at the pointof generation for each wastewaterstream, as specified in paragraph (d)(1)of this section, or downstream of thepoint(s) of generation for a singlewastewater stream or a mixture ofwastewater streams as specified inparagraph (d)(2) of this section.

(1) An owner or operator who electsto determine the annual averagewastewater flow rate at the point ofgeneration shall comply with paragraph(d)(3), (d)(4), or (d)(5) of this section.

(2) An owner or operator who electsto determine the annual averagewastewater flow rate downstream of thepoint of generation shall comply withparagraph (d)(3), (d)(4), or (d)(5) of thissection and with paragraph (d)(6) of thissection.

(3) Use the maximum annual averageproduction capacity of the process unit,knowledge of the process, and massbalance information to either: estimatedirectly the annual average wastewaterflow rate; or estimate the total annualwastewater volume and then dividetotal volume by 525,600 minutes in a

year. If knowledge of the process is usedto determine the annual average flowrate for a wastewater stream and it isdetermined that the wastewater streamis not subject to control requirements,the owner or operator shall documenthow process knowledge is used todetermine annual average flow rate.

(4) Select the highest annual averageflow rate of wastewater from historicalrecords representing the most recent 5years of operation or, if the process unithas been in service for less than 5 yearsbut at least 1 year, from historicalrecords representing the total operatinglife of the process unit.

(5) Measure the flow rate of thewastewater for the point of generationduring conditions that are


representative of average wastewatergeneration rates.

(6) When the average wastewater flowrate is determined downstream of thepoint of generation at a location wheretwo or more wastewater streams havebeen mixed, or one or more wastewaterstreams have been treated or organicHAP losses to the atmosphere haveoccurred, the owner or operator shallmake corrections for such changes inaverage wastewater flow rate whencalculating to represent the averagewastewater flow rate at the point ofgeneration.

§ 63.1107 Equipment leaks: applicabilitydetermination procedures and methods.

(a) Each piece of equipment within aprocess unit that can reasonably beexpected to contain equipment inorganic HAP service is presumed to bein organic HAP service unless an owneror operator demonstrates that the pieceof equipment is not in organic HAPservice. For a piece of equipment to beconsidered not in organic HAP service,it must be determined that the percentorganic HAP content can be reasonablyexpected not to exceed the percent byweight control applicability criteriaspecified in § 63.1103 for an affectedsource on an annual average basis. Forpurposes of determining the percentorganic HAP content of the process fluidthat is contained in or contactsequipment, Method 18 of 40 CFR part60, appendix A shall be used.

(b) An owner or operator may usegood engineering judgment rather thanthe procedures in paragraph (a) of thissection to determine that the percentorganic HAP content does not exceedthe percent by weight controlapplicability criteria specified in§ 63.1103 for an affected source. Whenan owner or operator and theAdministrator do not agree on whethera piece of equipment is not in organicHAP service, however, the proceduresin paragraph (a) of this section shall beused to resolve the disagreement.

(c) If an owner or operator determinesthat a piece of equipment is in organicHAP service, the determination can berevised after following the procedures inparagraph (a) of this section, or bydocumenting that a change in theprocess or raw materials no longercauses the equipment to be in organicHAP service.

(d) Samples used in determining thepercent organic HAP content shall berepresentative of the process fluid thatis contained in or contacts theequipment.

§ 63.1108 Compliance with standards andoperation and maintenance requirements.

(a) Requirements. (1) Except asprovided in paragraph (a)(2) of thissection, the standards and establishedparameter ranges of this part shall applyat all times except during periods ofstartup, shutdown, malfunction, or non-operation of the affected source (orspecific portion thereof) resulting incessation of the emissions to which thissubpart applies. However, if a start-up,shutdown, malfunction or period ofnon-operation of one portion of anaffected source does not affect theability of a particular emission point tocomply with the specific provisions towhich it is subject, then that emissionpoint shall still be required to complywith the applicable provisions of thissubpart and any of the subparts that arereferenced by this subpart duringstartup, shutdown, malfunction, orperiod of non-operation.

(2) If equipment leak requirements arereferenced by this subpart for a subjectsource category, such requirements shallapply at all times except during periodsof startup, shutdown, or malfunction,process unit shutdown (as defined in§ 63.1101), or nonoperation of theaffected source (or specific portionthereof) in which the lines are drainedand depressurized resulting in cessationof the emissions to which theequipment leak requirements apply.

(3) For batch unit operations,shutdown does not include the normalperiods between batch cycles; and start-up does not include the recharging ofbatch unit operations, or the transitionalconditions due to changes in product.

(4) The owner or operator shall notshut down items of equipment that arerequired or utilized for compliance withrequirements of this subpart and any ofthe subparts that are referenced by thissubpart during periods of startup,shutdown, or malfunction whenemissions are being routed to such itemsof equipment if the shutdown wouldcontravene requirements of this subpartto such items of equipment. The owneror operator shall not shut down CPMSduring times when emissions are beingrouted to the equipment that they aremonitoring. This paragraph does notapply if the item of equipment ismalfunctioning. This paragraph doesnot apply if the owner or operator shutsdown the compliance equipment (otherthan monitoring systems) to avoiddamage due to contemporaneousstartup, shutdown, or malfunction of theaffected source or portion thereof. If theowner or operator has reason to believethat monitoring equipment would bedamaged due to a contemporaneousstart-up, shutdown, or malfunction of

the affected source or portion thereof,the owner or operator shall providedocumentation supporting such a claim.Once approved by the Administrator,the provision for ceasing to collect,during a startup, shutdown, ormalfunction, monitoring data thatwould otherwise be required by theprovisions of this subpart must beincorporated into the start-up,shutdown, malfunction plan for thataffected source.

(5) During startups, shutdowns, andmalfunctions when the standards of thissubpart and the subparts referenced bythis subpart do not apply pursuant toparagraphs (a)(1) through (a)(4) of thissection, the owner or operator shallimplement, to the extent reasonablyavailable, measures to prevent orminimize excess emissions. Forpurposes of this paragraph, the term‘‘excess emissions’’ means emissions inexcess of those that would haveoccurred if there were no start-up,shutdown, or malfunction and theowner or operator complied with therelevant provisions of this subpart andthe subparts referenced by this subpart.The measures to be taken shall beidentified in the start-up, shut down,and malfunction plan (if applicable),and may include, but are not limited to,air pollution control technologies,recovery technologies, work practices,pollution prevention, monitoring, and/or changes in the manner of operationof the affected source. Back-up controldevices are not required, but may beused if available.

(6) Malfunctions shall be corrected assoon as practical after their occurrenceand/or in accordance with the source’sstartup, shutdown, and malfunctionplan developed as specified under§ 63.1111.

(7) Operation and maintenancerequirements established pursuant tosection 112 of the Act are enforceable,independent of emissions limitations orother requirements in relevantstandards.

(b) Compliance determinationprocedures.—(1) Parameter monitoring:compliance with operating conditions.Compliance with the required operatingconditions for the monitored controldevices or recovery devices may bedetermined by, but is not limited to, theparameter monitoring data for emissionpoints that are required to performcontinuous monitoring. For eachexcursion except for excusedexcursions, and as provided for inparagraph (b)(4) of this section theowner or operator shall be deemed tohave failed to have applied the controlin a manner that achieves the requiredoperating conditions.


(2) Parameter monitoring: excursions.An excursion is not a violation and incases where continuous monitoring isrequired the excursion does not counttoward the number of excusedexcursions, if the conditions ofparagraphs (b)(2)(i) or (b)(2)(ii) of thissection are met. Nothing in thisparagraph shall be construed to allow orexcuse a monitoring parameterexcursion caused by any activity thatviolates other applicable provisions ofthis subpart or a subpart referenced bythis subpart.

(i) During periods of startup,shutdown, or malfunction [and thesource is operated during such periodsin accordance with the source’s startup,shutdown, and malfunction plan asrequired by § 63.1111], a monitoredparameter is outside its establishedrange or monitoring data cannot becollected, or

(ii) During periods of nonoperation ofthe affected source or portion thereof(resulting in cessation of the emissionsto which the monitoring applies.

(3) Operation and maintenanceprocedures. Determination of whetheracceptable operation and maintenanceprocedures are being used will be basedon information available to theAdministrator. This information mayinclude, but is not limited to,monitoring results, review of operationand maintenance procedures (includingthe startup, shutdown, and malfunctionplan under § 63.1111), review ofoperation and maintenance records, andinspection of the affected source andalternatives approved as specified in§ 63.1113.

(4) Applicability and compliancedetermination. Applicability andcompliance with standards shall begoverned, in part, but not limited to, theuse of data, tests, and requirementsaccording to paragraphs (b)(4)(i) through(b)(4)(iii). Compliance with design,equipment, work practice, and operatingstandards, including those forequipment leaks, shall be determinedaccording to paragraph (a)(3) of thissection.

(i) Applicability determinations.Unless otherwise specified in a relevanttest method required to determinecontrol applicability, each test shallconsist of three separate runs using theapplicable test method. Each run shallbe conducted for the time and under theconditions specified in this subpart. Thearithmetic mean of the results of thethree runs shall apply whendetermining applicability. Uponreceiving approval from theAdministrator, results of a test run maybe replaced with results of an additionaltest run if it meets the criteria specified

in paragraphs (a)(4)(i)(A) through(a)(4)(i)(D).

(A) A sample is accidentally lost afterthe testing team leaves the site; or

(B) Conditions occur in which one ofthe three runs must be discontinuedbecause of forced shutdown; or

(C) Extreme meteorological conditionsoccur;

(D) Other circumstances occur that arebeyond the owner or operator’s control.

(ii) Performance test. TheAdministrator may determinecompliance with emission limitations ofthis subpart based on, but is not limitedto, the results of performance testsconducted according to the proceduresspecified in subpart SS of this part,unless otherwise specified in thissubpart or a subpart referenced by thissubpart.

(iii) Operation and maintenancerequirements. The Administrator maydetermine compliance with theoperation and maintenance standards ofthis subpart by, but is not limited to,evaluation of an owner or operator’sconformance with operation andmaintenance requirements, includingthe evaluation of monitoring data, asspecified in this subpart or a subpartreferenced by this subpart.

(5) Design, equipment, work practice,or operational standards. TheAdministrator may determinecompliance with design, equipment,work practice, or operationalrequirements by, but is not limited to,review of records, inspection of theaffected source, and by evaluation of anowner or operator’s conformance withoperation and maintenancerequirements as specified in thissubpart, and in the subparts referencedby this subpart.

(c) Finding of compliance. TheAdministrator may make a findingconcerning an affected source’scompliance with an emission standardor operating and maintenancerequirement as specified in, but notlimited to, paragraphs (a) and (b) of thissection, upon obtaining all of thecompliance information required by therelevant standard (including the writtenreports of performance test results,monitoring results, and otherinformation, if applicable) and anyinformation available to theAdministrator to determine whetherproper operation and maintenancepractices are being used. Standards inthis subpart and methods ofdetermining compliance are in metricunits followed by the equivalents inEnglish units. The Administrator willmake findings of compliance with thenumerical standards of this subpartusing metric units.

(d) Compliance time. All terms thatdefine a period of time for completionof required tasks (e.g., weekly, monthly,quarterly, annually), unless specifiedotherwise in the section or subsectionthat imposes the requirement, refer tothe standard calendar periods.

(1) Notwithstanding time periodsspecified for completion of requiredtasks, time periods may be changed bymutual agreement between the owner oroperator and the Administrator, asspecified in § 63.1110(h). For each timeperiod that is changed by agreement, therevised period shall remain in effectuntil it is changed. A new request is notnecessary for each recurring period.

(2) When the period specified forcompliance is a standard calendarperiod, if the initial compliance dateoccurs after the beginning of the period,compliance shall be required accordingto the schedule specified in paragraph(d)(2)(i) or (d)(2)(ii) of this section, asappropriate.

(i) Compliance shall be requiredbefore the end of the standard calendarperiod within which the compliancedeadline occurs, if there remain at least3 days for tasks that must be performedweekly, at least 2 weeks for tasks thatmust be performed monthly, at least 1month for tasks that must be performedeach quarter, or at least 3 months fortasks that must be performed annually;or

(ii) In all other cases, complianceshall be required before the end of thefirst full standard calendar period afterthe period within which the initialcompliance deadline occurs.

(3) In all instances where a provisionrequires completion of a task duringeach of multiple successive periods, anowner or operator may perform therequired task at any time during thespecified period, provided the task isconducted at a reasonable interval aftercompletion of the task during theprevious period.

§ 63.1109 Recordkeeping requirements.(a) Maintaining notifications, records,

and reports. Except as provided inparagraph (b) of this section, the owneror operator of each affected sourcesubject to this subpart shall keep copiesof notifications, reports and recordsrequired by this subpart and subpartsreferenced by this subpart for at least 5years, unless otherwise specified underthis subpart.

(b) Copies of reports. If theAdministrator has waived therequirement for submittal of copies ofreports, the owner or operator is notrequired to maintain copies of thewaived reports. This paragraph appliesonly to reports and not the underlying


records that must be maintained asspecified throughout this subpart andthe subparts referenced by this subpart.

(c) Availability of records. All recordsrequired to be maintained by thissubpart or a subpart referenced by thissubpart shall be maintained in such amanner that they can be readilyaccessed and are suitable for inspection.The most recent 2 years of records shallbe retained onsite or shall be accessibleto an inspector while onsite. Therecords of the remaining 3 years, whererequired, may be retained offsite.Records may be maintained in hardcopy or computer-readable formincluding, but not limited to, on paper,microfilm, computer, computer disk,magnetic tape, or microfiche.

(d) Control applicability records.Owners or operators shall maintaininformation developed and used todetermine control applicability under§ 63.1103 (e.g., combined total annualemissions of regulated organic HAP).

§ 63.1110 Reporting requirements.(a) Required reports. Each owner or

operator of an affected source subject tothis subpart shall submit the reportslisted in paragraphs (a)(1) through (a)(6)of this section, as applicable.

(1) A Notification of initial startupdescribed in paragraph (b) of thissection, as applicable.

(2) An Initial notification described inparagraph (c) of this section.

(3) An Initial compliance status reportdescribed in paragraph (d) of thissection.

(4) Periodic reports described inparagraph (e) of this section.

(5) Application for approval ofconstruction or reconstruction describedin § 63.5(d) of subpart A of this part.

(6) Startup, shutdown, andmalfunction reports described in§ 63.1111 of this subpart.

(7) Other reports. Other reports shallbe submitted as specified elsewhere inthis subpart and subparts referenced bythis subpart.

(b) Notification of initial startup.—(1)Contents. An owner or operator of anaffected source for which a notice ofinitial startup has not been submittedunder 40 CFR part 63, subpart A, § 63.5,shall send the Administrator writtennotification of the actual date of initialstartup of an affected source.

(2) Due date. The notification of theactual date of initial startup shall bepostmarked within 15 days after suchdate.

(c) Initial notification. Owners oroperators of affected sources that aresubject to this subpart shall notify theAdministrator of the applicability of thissubpart. The notice shall include the

information specified in paragraphs(c)(1) through (c)(6) of this section, asapplicable. An application for approvalof construction or reconstructionrequired under § 63.5(d) of subpart A ofthis part may be used to fulfill the initialnotification requirements.

(1) Identification of the storage vesselssubject to this subpart.

(2) Identification of the process ventssubject to this subpart.

(3) Identification of the transfer rackssubject to this subpart.

(4) For equipment leaks, identificationof the process units of affected facilitiessubject to this subpart.

(5) Identification of other equipmentor emission points subject to thissubpart.

(6) The proposed implementationschedule for affected sources identifiedin paragraphs (c)(1) through (c)(5) of thissection, with the implementationschedule extending no longer than 3years.

(7) Process unit identification. As analternative to the requirements specifiedin paragraphs (c)(1) through (c)(5) of thissection, process units can be identifiedinstead of individual pieces ofequipment. For this alternative, the kindof emission point in the process unitthat will comply must also be identified.

(8) Due date. The initial notificationshall be postmarked within 120calendar days after the source becomessubject to this subpart.

(d) Initial compliance status report.—(1) Contents. The owner or operatorshall submit an Initial ComplianceStatus Report for each affected sourcesubject to this subpart containing theinformation specified in this subpartand the subparts referenced by thissubpart. Alternatively, this informationcan be submitted as part of a title Vpermit application or amendment.

(2) Due date. The owner or operatorshall submit the Initial ComplianceStatus Report for each affected source240 days after the compliance datespecified for the affected source underthis subpart, or 60 days after thecompletion of the initial performancetest or initial compliance determination,whichever is earlier. Initial ComplianceStatus Reports may be combined formultiple affected sources as long as thedue date requirements for all sourcescovered in the combined report are met.

(e) Periodic reports. The owner oroperator of a source subject tomonitoring requirements of this subpart,or to other requirements of this subpartor subparts referenced by this subpart,where periodic reporting is specified,shall submit a Periodic Report.

(1) Contents. Periodic Reports shallinclude all information specified in this

subpart and subparts referenced by thissubpart.

(2) Due date. The Periodic Reportshall be submitted semiannually nolater than 60 calendar days after the endof each 6-month period. The first reportshall be submitted no later than the lastday of the month that includes the date8 months (6 months and 60 days) afterthe date the source became subject tothis subpart.

(3) Overlap with title V reports.Information required by this subpart,which is submitted with a title Vperiodic report, need not also beincluded in a subsequent PeriodicReport required by this subpart orsubpart referenced by this subpart. Thetitle V report shall be referenced in thePeriodic Report required by thissubpart.

(f) General report content. All reportsand notifications submitted pursuant tothis subpart, including reports thatcombine information required underthis subpart and a subpart referenced bythis subpart, shall include theinformation specified in paragraphs(f)(1) through (f)(4) of this section.

(1) The name, address and telephonenumber (fax number may also beprovided) of the owner or operator.

(2) The name, address and telephonenumber of the person to whom inquiriesshould be addressed, if different thanthe owner or operator.

(3) The address (physical location) ofthe reporting facility.

(4) Identification of each affectedsource covered in the submission andidentification of the subparts (thissubpart and the subparts referenced inthis subpart) that are applicable to thataffected source. Summaries andgroupings of this information arepermitted.

(g) Report and notificationsubmission.—(1) Submission to theEnvironmental Protection Agency. Allreports and notifications required underthis subpart shall be sent to theappropriate EPA Regional Office and tothe delegated State authority. The EPARegional Office may waive therequirement to submit a copy of anyreports or notifications at its discretion.

(2) Submission of copies. If any Staterequires a notice that contains all theinformation required in a report ornotification listed in this subpart, anowner or operator may send theappropriate EPA Regional Office a copyof the report or notification sent to theState to satisfy the requirements of thissubpart for that report or notification.

(3) Method of submission. Whereverthis subpart specifies ‘‘postmark’’ dates,submittals may be sent by methodsother than the U.S. Mail (e.g., by fax or


courier). Submittals shall be sent on orbefore the specified date.

(4) Submission by electronic media. Ifacceptable to both the Administratorand the owner or operator of an affectedsource, reports may be submitted onelectronic media.

(h) Adjustment to timing of submittalsand review of requiredcommunications.—(1) Alignment withtitle V submission. An owner oroperator may submit Periodic Reportsrequired by this subpart on the sameschedule as the title V periodic reportfor the facility. The owner or operatorusing this option need not obtain priorapproval, but must ensure that noreporting gaps occur. The owner oroperator shall clearly identify thechange in reporting schedule in the firstreport filed under this paragraph. Therequirements of paragraph (e) of thissection are not waived whenimplementing this change.

(2) Establishment of a commonschedule. An owner or operator mayarrange by mutual agreement (whichmay be a standing agreement) with theAdministrator a common schedule onwhich periodic reports required by thissubpart shall be submitted throughoutthe year as long as the reporting periodis not extended. Procedures governingthe implementation of this provision arespecified in paragraphs (h)(3) through(h)(7) of this section.

(3) Submission requirements. Exceptas allowed by paragraph (h)(1) of thissection, until an adjustment of a timeperiod or postmark deadline has beenapproved by the Administrator underparagraphs (h)(5) and (h)(6) of thissection, the owner or operator of anaffected source remains strictly subjectto the required submittal deadlinesspecified in this subpart and subpartsreferenced by this subpart.

(4) Request for adjustment ofreporting schedule. Except as allowedby paragraph (h)(1) of this section, anowner or operator shall request theadjustment provided for in paragraphs(h)(5) and (h)(6) of this section eachtime he or she wishes to change anapplicable time period or postmarkdeadline specified in this subpart orsubparts referenced by this subpart. Arequest for a change to the periodicreporting schedule need only be madeonce for every schedule change and notonce for every semiannual reportsubmitted.

(5) Alteration of time periods ordeadlines. Notwithstanding timeperiods or postmark deadlines specifiedin this subpart for the submittal ofinformation to the Administrator by anowner or operator, or the review of suchinformation by the Administrator, such

time periods or deadlines may bechanged by mutual agreement betweenthe owner or operator and theAdministrator. An owner or operatorwho wishes to request a change in atime period or postmark deadline for aparticular requirement shall request theadjustment in writing as soon aspractical before the subject activity isrequired to take place. The owner oroperator shall include in the requestwhatever information he or sheconsiders useful to convince theAdministrator that an adjustment iswarranted.

(6) Approval of request foradjustment. If, in the Administrator’sjudgment, an owner or operator’srequest for an adjustment to a particulartime period or postmark deadline iswarranted, the Administrator willapprove the adjustment. TheAdministrator will notify the owner oroperator in writing of approval ordisapproval of the request for anadjustment within 15 calendar days ofreceiving sufficient information toevaluate the request.

(7) Notification of delay. If theAdministrator is unable to meet aspecified deadline, he or she will notifythe owner or operator of any significantdelay and inform the owner or operatorof the amended schedule.

§ 63.1111 Startup, Shutdown, andMalfunction.

(a) Startup, shutdown, andmalfunction plan.—(1) Description andpurpose of plan. The owner or operatorof an affected source shall develop andimplement a written startup, shutdown,and malfunction plan that describes, indetail, procedures for operating andmaintaining the affected source duringperiods of startup, shutdown, andmalfunction. This plan shall include aprogram of corrective action formalfunctioning process and airpollution control equipment used tocomply with relevant standards underthis subpart and subparts referenced bythis subpart. The plan shall also addressroutine or otherwise predictable CPMSmalfunctions. This plan shall bedeveloped by the owner or operator bythe affected source’s compliance dateunder this subpart. The requirement todevelop and implement this plan shallbe incorporated into the source’s title Vpermit. This requirement is optional forequipment that must comply withsubparts TT or UU of this part. It is notoptional for equipment equipped with aclosed vent system and control devicesubject to subpart SS of this part. Thepurpose of the startup, shutdown, andmalfunction plan is described in

paragraphs (a)(1)(i) and (a)(1)(ii) of thissection.

(i) To ensure that owners or operatorsare prepared to correct malfunctions assoon as practical after their occurrence,in order to minimize excess emissionsof regulated HAP; and

(ii) To reduce the reporting burdenassociated with periods of startup,shutdown, and malfunction (includingcorrective action taken to restoremalfunctioning process and airpollution control equipment to itsnormal or usual manner of operation).

(2) Operation of source. Duringperiods of startup, shutdown, andmalfunction, the owner or operator of anaffected source subject to this subpartshall operate and maintain such affectedsource (including associated airpollution control equipment and CPMS)in accordance with the proceduresspecified in the startup, shutdown, andmalfunction plan developed underparagraph (a)(1) of this section.

(3) Use of additional procedures. Tosatisfy the requirements of this sectionto develop a startup, shutdown, andmalfunction plan, the owner or operatorof an affected source may use theaffected source’s standard operatingprocedures (SOP) manual, or anOccupational Safety and HealthAdministration (OSHA) or other plan,provided the alternative plans meet allthe requirements of this section and aremade available for inspection whenrequested by the Administrator.

(4) Revisions to the plan. TheAdministrator may require that anowner or operator of an affected sourcemake changes to the startup, shutdown,and malfunction plan for that source.The Administrator may requirereasonable revisions to a startup,shutdown, and malfunction plan, if theAdministrator finds that the plan isinadequate as specified in paragraphs(a)(4)(i) through (a)(4)(iv):

(i) Does not address a startup,shutdown, and malfunction event of theCPMS, the air pollution controlequipment, or the affected source thathas occurred; or

(ii) Fails to provide for the operationof the affected source (includingassociated air pollution controlequipment and CPMS) during a startup,shutdown, and malfunction event in amanner consistent with good airpollution control practices forminimizing emissions to the extentpractical; or

(iii) Does not provide adequateprocedures for correctingmalfunctioning process and airpollution control equipment as quicklyas practicable; or


(iv) Does not provide adequatemeasures to prevent or minimize excessemissions to the extent practical.

(5) Additional malfunction planrequirements. If a startup, shutdown,and malfunction plan developed underparagraph (a)(1) of this section fails toaddress or inadequately addresses anevent that meets the characteristics of amalfunction, the owner or operator shallrevise the startup, shutdown, andmalfunction plan within 45 days afterthe event to include detailed proceduresfor operating and maintaining theaffected source during similarmalfunction events and a program ofcorrective action for similarmalfunctions of process or air pollutioncontrol equipment or CPMS.

(b) Startup, shutdown, andmalfunction reporting requirements.—(1) Periodic startup, shutdown, andmalfunction reporting requirements. Ifactions taken by an owner or operatorduring a startup, shutdown, andmalfunction of an affected source, or ofa control device or monitoring systemrequired for compliance (includingactions taken to correct a malfunction)are consistent with the proceduresspecified in the affected source’s plan,then the owner or operator shall statesuch information in a startup,shutdown, and malfunction report.Reports shall only be required for astartup, shutdown, and malfunctionduring which excess emissions occurduring the reporting period. A startup,shutdown, and malfunction report canbe submitted as part of a Periodic Reportrequired under § 63.1110, or on a morefrequent basis if specified otherwiseunder this subpart or a subpartreferenced by this subpart or asestablished otherwise by the permittingauthority in the source’s title V permit.The startup, shutdown, and malfunctionreport shall be delivered or postmarkedby the 30th day following the end ofeach calendar half (or other calendarreporting period, as appropriate), unlessthe information is submitted with thePeriodic Report. The report shallinclude the information specified inparagraphs (b)(1)(i) and (b)(1)(ii) of thissection.

(i) The name, title, and signature ofthe owner or operator or otherresponsible official certifying itsaccuracy.

(ii) The number of startup, shutdown,and malfunction events and the totalduration of all periods of startup,shutdown, and malfunction for thereporting period if the total durationamounts to either of the durations inparagraphs (b)(1)(ii)(A) or (b)(1)(ii)(B).

(A) Total duration of periods ofnonoperation or malfunctioning of a

CPMS equal to or greater than 5 percentof that CPMS operating time for thereporting period; or

(B) Total duration of periods ofstartup, shutdown, and malfunction foran affected source during which excessemissions occur equal to or greater than1 percent of that affected source’soperating time for the reporting period.

(2) Immediate startup, shutdown, andmalfunction reports.

(i) Notwithstanding the allowance toreduce the frequency of reporting forstartup, shutdown, and malfunctionreports under paragraph (b)(1) of thissection, any time an action taken by anowner or operator during a startup,shutdown, or malfunction (includingactions taken to correct a malfunction)during which excess emissions occur isnot consistent with the proceduresspecified in the affected source’s plan,the owner or operator shall report theactions taken for that event within 2working days after commencing actionsinconsistent with the plan, followed bya letter delivered or postmarked within7 working days after the end of theevent. The immediate report requiredunder this paragraph shall contain thename, title, and signature of the owneror operator or other responsible officialwho is certifying its accuracy,explaining the circumstances of theevent, the reasons for not following thestartup, shutdown, and malfunctionplan (if applicable), and whether anyexcess emissions or parametermonitoring exceedances are believed tohave occurred. Notwithstanding therequirements of the previous sentence,after the effective date of an approvedpermit program in the State in which anaffected source is located, the owner oroperator may make alternative reportingarrangements, in advance, with thepermitting authority in that State.Procedures governing the arrangementof alternative reporting requirementsunder this paragraph are specified in§ 63.1110(h).

§ 63.1112 Extension of compliance, andperformance test, monitoring,recordkeeping and reporting waivers andalternatives.

(a) Extension of compliance.—(1)Extension of compliance with emissionstandards.

Until an extension of compliance hasbeen granted by the Administrator (or aState with an approved permit program)under this paragraph, the owner oroperator of an affected source subject tothe requirements of this section shallcomply with all applicable requirementsof this subpart.

(2) Extension of compliance for earlyreductions and other reductions.—(i)

Early reductions. Pursuant to section112(i)(5) of the Act, if the owner oroperator of an existing sourcedemonstrates that the source hasachieved a reduction in emissions ofhazardous air pollutants in accordancewith the provisions of subpart D of thispart, the Administrator (or the Statewith an approved permit program) willgrant the owner or operator an extensionof compliance with specificrequirements of this part, as specified insubpart D of this part.

(ii) Other reductions. Pursuant tosection 112(i)(6) of the Act, if the owneror operator of an existing source hasinstalled best available controltechnology (BACT) (as defined insection 169(3) of the Act) or technologyrequired to meet a lowest achievableemission rate (LAER) (as defined insection 171 of the Act) prior to thepromulgation of an emission standard inthis part applicable to such source andthe same pollutant (or stream ofpollutants) controlled pursuant to theBACT or LAER installation, theAdministrator will grant the owner oroperator an extension of compliancewith such emission standard that willapply until the date 5 years after thedate on which such installation wasachieved, as determined by theAdministrator.

(3) Request for extension ofcompliance. Paragraphs (a)(4) through(a)(7) of this section concern requests foran extension of compliance with arelevant standard under this part[except requests for an extension ofcompliance under paragraph (a)(2)(i) ofthis section will be handled throughprocedures specified in subpart D of thispart].

(4)(i)(A) The owner or operator of anexisting source who is unable to complywith a relevant standard establishedunder this part pursuant to section112(d) of the Act may request that theAdministrator (or a State, when theState has an approved title V permitprogram and the source is required toobtain a title V permit under thatprogram, or a State, when the State hasbeen delegated the authority toimplement and enforce the emissionstandard for that source) grant anextension allowing the source up to 1additional year to comply with thestandard, if such additional period isnecessary for the installation of controls.An additional extension of up to 3 yearsmay be added for mining wasteoperations, if the 1-year extension ofcompliance is insufficient to dry andcover mining waste in order to reduceemissions of any hazardous airpollutant. The owner or operator of anaffected source who has requested an


extension of compliance under thisparagraph and who is otherwiserequired to obtain a title V permit shallapply for such permit or apply to havethe source’s title V permit revised toincorporate the conditions of theextension of compliance. Theconditions of an extension ofcompliance granted under thisparagraph will be incorporated into theaffected source’s title V permitaccording to the provisions of part 70 orFederal title V regulations in thischapter (42 U.S.C. 7661), whichever areapplicable.

(B) Any request under this paragraphfor an extension of compliance with arelevant standard shall be submitted inwriting to the appropriate authority notlater than 12 months before the affectedsource’s compliance date (as specifiedin § 63.1102) for sources that are notincluding emission points in anemissions average, or not later than 18months before the affected source’scompliance date [as specified in§ 63.1102] for sources that are includingemission points in an emissionsaverage. Emission standards establishedunder this part may specify alternativedates for the submittal of requests for anextension of compliance if alternativesare appropriate for the source categoriesaffected by those standards, e.g., acompliance date specified by thestandard is less than 12 (or 18) monthsafter the standard’s effective date.

(ii) The owner or operator of anexisting source unable to comply with arelevant standard established under thispart pursuant to section 112(f) of the Actmay request that the Administratorgrant an extension allowing the sourceup to 2 years after the standard’seffective date to comply with thestandard. The Administrator may grantsuch an extension if he/she finds thatsuch additional period is necessary forthe installation of controls and thatsteps will be taken during the period ofthe extension to assure that the healthof persons will be protected fromimminent endangerment. Any requestfor an extension of compliance with arelevant standard under this paragraphshall be submitted in writing to theAdministrator not later than 15 calendardays after the effective date of therelevant standard.

(5) The owner or operator of anexisting source that has installed BACTor technology required to meet LAER [asspecified in paragraph (a)(2)(ii) of thissection] prior to the promulgation of arelevant emission standard in this partmay request that the Administratorgrant an extension allowing the source5 years from the date on which suchinstallation was achieved, as

determined by the Administrator, tocomply with the standard. Any requestfor an extension of compliance with arelevant standard under this paragraphshall be submitted in writing to theAdministrator not later than 120 daysafter the promulgation date of thestandard. The Administrator may grantsuch an extension if he or she finds thatthe installation of BACT or technologyto meet LAER controls the samepollutant (or stream of pollutants) thatwould be controlled at that source bythe relevant emission standard.

(6)(i) The request for a complianceextension under paragraph (a)(4) of thissection shall include the followinginformation:

(A) A description of the controls to beinstalled to comply with the standard;

(B) A compliance schedule, includingthe date by which each step towardcompliance will be reached. At aminimum, the list of dates shall include:

(1) The date by which contracts foremission control systems or processchanges for emission control will beawarded, or the date by which orderswill be issued for the purchase ofcomponent parts to accomplishemission control or process changes;

(2) The date by which on-siteconstruction, installation of emissioncontrol equipment, or a process changeis to be initiated;

(3) The date by which on-siteconstruction, installation of emissioncontrol equipment, or a process changeis to be completed; and

(4) The date by which finalcompliance is to be achieved.

(C) A description of interim emissioncontrol steps, that will be taken duringthe extension period, includingmilestones to assure proper operationand maintenance of emission controland process equipment; and

(D) Whether the owner or operator isalso requesting an extension of otherapplicable requirements (e.g.,performance testing requirements).

(ii) The request for a complianceextension under paragraph (4)(i) of thissection shall include all informationneeded to demonstrate to theAdministrator’s satisfaction that theinstallation of BACT or technology tomeet LAER controls the same pollutant(or stream of pollutants) that would becontrolled at that source by the relevantemission standard.

(7) Advice on requesting an extensionof compliance may be obtained from theAdministrator (or the State with anapproved permit program).

(8) Approval of request for extensionof compliance. Paragraphs (a)(9) through(a)(14) of this section concern approvalof an extension of compliance requested

under paragraphs (a)(4) through (a)(6) ofthis section.

(9) Based on the information providedin any request made under paragraphs(a)(4) through (a)(6) of this section, orother information, the Administrator (orthe State with an approved permitprogram) may grant an extension ofcompliance with an emission standard,as specified in paragraphs (a)(4) and(a)(5) of this section.

(10) The extension will be in writingand will—

(i) Identify each affected sourcecovered by the extension;

(ii) Specify the termination date of theextension;

(iii) Specify the dates by which stepstoward compliance are to be taken, ifappropriate;

(iv) Specify other applicablerequirements to which the complianceextension applies (e.g., performancetests); and

(v)(A) Under paragraph (a)(4), specifyany additional conditions that theAdministrator (or the State) deemsnecessary to assure installation of thenecessary controls and protection of thehealth of persons during the extensionperiod; or

(B) Under paragraph (a)(5), specifyany additional conditions that theAdministrator deems necessary toassure the proper operation andmaintenance of the installed controlsduring the extension period.

(11) The owner or operator of anexisting source that has been granted anextension of compliance underparagraph (a)(10) of this section may berequired to submit to the Administrator(or the State with an approved permitprogram) progress reports indicatingwhether the steps toward complianceoutlined in the compliance schedulehave been reached. The contents of theprogress reports and the dates by whichthey shall be submitted will be specifiedin the written extension of compliancegranted under paragraph (a)(9) of thissection.

(12)(i) The Administrator (or the Statewith an approved permit program) willnotify the owner or operator in writingof approval or intention to denyapproval of a request for an extension ofcompliance within 30 calendar daysafter receipt of sufficient information toevaluate a request submitted underparagraph (a)(4)(i) or (a)(5) of thissection. The 30-day approval or denialperiod will begin after the owner oroperator has been notified in writingthat his/her application is complete.The Administrator (or the State) willnotify the owner or operator in writingof the status of his/her application, thatis, whether the application contains


sufficient information to make adetermination, within 30 calendar daysafter receipt of the original applicationand within 30 calendar days afterreceipt of any supplementaryinformation that is submitted.

(ii) When notifying the owner oroperator that his/her application is notcomplete, the Administrator will specifythe information needed to complete theapplication and provide notice ofopportunity for the applicant to present,in writing, within 30 calendar days afterhe/she is notified of the incompleteapplication, additional information orarguments to the Administrator toenable further action on the application.

(iii) Before denying any request for anextension of compliance, theAdministrator (or the State with anapproved permit program) will notifythe owner or operator in writing of theAdministrator’s (or the State’s) intentionto issue the denial, together with—

(A) Notice of the information andfindings on which the intended denialis based; and

(B) Notice of opportunity for theowner or operator to present in writing,within 15 calendar days after he/she isnotified of the intended denial,additional information or arguments tothe Administrator (or the State) beforefurther action on the request.

(iv) The Administrator’s finaldetermination to deny any request foran extension will be in writing and willset forth the specific grounds on whichthe denial is based. The finaldetermination will be made within 30calendar days after presentation ofadditional information or argument (ifthe application is complete), or within30 calendar days after the final datespecified for the presentation if nopresentation is made.

(13)(i) The Administrator will notifythe owner or operator in writing ofapproval or intention to deny approvalof a request for an extension ofcompliance within 30 calendar daysafter receipt of sufficient information toevaluate a request submitted underparagraph (a)(4)(ii) of this section. The30-day approval or denial period willbegin after the owner or operator hasbeen notified in writing that his/herapplication is complete. TheAdministrator (or the State) will notifythe owner or operator in writing of thestatus of his/her application, that is,whether the application containssufficient information to make adetermination, within 15 calendar daysafter receipt of the original applicationand within 15 calendar days afterreceipt of any supplementaryinformation that is submitted.

(ii) When notifying the owner oroperator that his/her application is notcomplete, the Administrator will specifythe information needed to complete theapplication and provide notice ofopportunity for the applicant to present,in writing, within 15 calendar days afterhe/she is notified of the incompleteapplication, additional information orarguments to the Administrator toenable further action on the application.

(iii) Before denying any request for anextension of compliance, theAdministrator will notify the owner oroperator in writing of theAdministrator’s intention to issue thedenial, together with—

(A) Notice of the information andfindings on which the intended denialis based; and

(B) Notice of opportunity for theowner or operator to present in writing,within 15 calendar days after he/she isnotified of the intended denial,additional information or arguments tothe Administrator before further actionon the request.

(iv) A final determination to deny anyrequest for an extension will be inwriting and will set forth the specificgrounds on which the denial is based.The final determination will be madewithin 30 calendar days afterpresentation of additional informationor argument (if the application iscomplete), or within 30 calendar daysafter the final date specified for thepresentation if no presentation is made.

(14) The Administrator (or the Statewith an approved permit program) mayterminate an extension of compliance atan earlier date than specified if anyspecification under paragraphs(a)(10)(iii) or (a)(10)(iv) of this section isnot met.

(15) [Reserved](16) The granting of an extension

under this section shall not abrogate theAdministrator’s authority under section114 of the Act.

(b) Waiver of performance tests.(1) Until a waiver of a performance

testing requirement has been granted bythe Administrator under this paragraph,the owner or operator of an affectedsource remains subject to therequirements of this section.

(2) Individual performance tests maybe waived upon written application tothe Administrator if, in theAdministrator’s judgment, the source ismeeting the relevant standard(s) on acontinuous basis, or the source is beingoperated under an extension ofcompliance, or the owner or operatorhas requested an extension ofcompliance and the Administrator isstill considering that request.

(3) Request to waive a performancetest.

(i) If a request is made for anextension of compliance underparagraph (a) of this section, theapplication for a waiver of an initialperformance test shall accompany theinformation required for the request foran extension of compliance. If noextension of compliance is requested orif the owner or operator has requestedan extension of compliance and theAdministrator is still considering thatrequest, the application for a waiver ofan initial performance test shall besubmitted at least 60 days before theperformance test if a site-specific testplan is not submitted.

(ii) If an application for a waiver of asubsequent performance test is made,the application may accompany anyrequired compliance progress report,compliance status report, or excessemissions and continuous monitoringsystem performance report, but it shallbe submitted at least 60 days before theperformance test if a site-specific testplan is not submitted.

(iii) Any application for a waiver of aperformance test shall includeinformation justifying the owner oroperator’s request for a waiver, such asthe technical or economic infeasibility,or the impracticality, of the affectedsource performing the required test.

(4) Approval of request to waiveperformance test. The Administratorwill approve or deny a request for awaiver of a performance test madeunder paragraph (b)(3) of this sectionwhen he/she—

(i) Approves or denies an extension ofcompliance under paragraph (a) of thissection; or

(ii) Approves or disapproves a site-specific test plan; or

(iii) Makes a determination ofcompliance following the submission ofa required compliance status report orexcess emissions and continuousmonitoring systems performance report;or

(iv) Makes a determination of suitableprogress towards compliance followingthe submission of a compliance progressreport, whichever is applicable.

(5) Approval of any waiver grantedunder this section shall not abrogate theAdministrator’s authority under the Actor in any way prohibit theAdministrator from later canceling thewaiver. The cancellation will be madeonly after notice is given to the owneror operator of the affected source.

(c) Use of an alternative monitoringmethod.

(1) General. Until permission to usean alternative monitoring method hasbeen granted by the Administrator


under this paragraph, the owner oroperator of an affected source remainssubject to the requirements of thissection and the relevant standard.

(2) After receipt and consideration ofwritten application, the Administratormay approve alternatives to anymonitoring methods or procedures ofthis part including, but not limited to,the following:

(i) Alternative monitoringrequirements when installation of aCMS specified by a relevant standardwould not provide accuratemeasurements due to liquid water orother interferences caused by substanceswithin the effluent gases;

(ii) Alternative monitoringrequirements when the affected sourceis infrequently operated;

(iii) Alternative monitoringrequirements to accommodate CEMSthat require additional measurements tocorrect for stack moisture conditions;

(iv) Alternative locations for installingCMS when the owner or operator candemonstrate that installation at alternatelocations will enable accurate andrepresentative measurements;

(v) Alternate methods for convertingpollutant concentration measurementsto units of the relevant standard;

(vi) Alternate procedures forperforming daily checks of zero (low-level) and high-level drift that do notinvolve use of high-level gases or testcells;

(vii) Alternatives to the AmericanSociety for Testing and Materials(ASTM) test methods or samplingprocedures specified by any relevantstandard;

(viii) Alternative CMS that do notmeet the design or performancerequirements in this part, butadequately demonstrate a definite andconsistent relationship between theirmeasurements and the measurements ofopacity by a system complying with therequirements as specified in the relevantstandard. The Administrator mayrequire that such demonstration beperformed for each affected source; or

(ix) Alternative monitoringrequirements when the effluent from asingle affected source or the combinedeffluent from two or more affectedsources is released to the atmospherethrough more than one point.

(3) If the Administrator findsreasonable grounds to dispute theresults obtained by an alternativemonitoring method, requirement, orprocedure, the Administrator mayrequire the use of a method,requirement, or procedure specified inthis section or in the relevant standard.If the results of the specified andalternative method, requirement, or

procedure do not agree, the resultsobtained by the specified method,requirement, or procedure shall prevail.

(4)(i) Request to use alternativemonitoring method. An owner oroperator who wishes to use analternative monitoring method shallsubmit an application to theAdministrator as described in paragraph(c)(4)(ii) of this section, below. Theapplication may be submitted at anytime provided that the monitoringmethod is not used to demonstratecompliance with a relevant standard orother requirement. If the alternativemonitoring method is to be used todemonstrate compliance with a relevantstandard, the application shall besubmitted not later than with the site-specific test plan required or with thesite-specific performance evaluationplan (if requested) or at least 60 daysbefore the performance evaluation isscheduled to begin.

(ii) The application shall contain adescription of the proposed alternativemonitoring system and a performanceevaluation test plan, if required. Inaddition, the application shall includeinformation justifying the owner oroperator’s request for an alternativemonitoring method, such as thetechnical or economic infeasibility, orthe impracticality, of the affected sourceusing the required method.

(iii) The owner or operator maysubmit the information required in thisparagraph well in advance of thesubmittal dates specified in paragraph(c)(4)(i) above to ensure a timely reviewby the Administrator in order to meetthe compliance demonstration datespecified in this section or the relevantstandard.

(5) Approval of request to usealternative monitoring method.

(i) The Administrator will notify theowner or operator of approval orintention to deny approval of therequest to use an alternative monitoringmethod within 30 calendar days afterreceipt of the original request andwithin 30 calendar days after receipt ofany supplementary information that issubmitted. Before disapproving anyrequest to use an alternative monitoringmethod, the Administrator will notifythe applicant of the Administrator’sintention to disapprove the requesttogether with—

(A) Notice of the information andfindings on which the intendeddisapproval is based; and

(B) Notice of opportunity for theowner or operator to present additionalinformation to the Administrator beforefinal action on the request. At the timethe Administrator notifies the applicantof his or her intention to disapprove the

request, the Administrator will specifyhow much time the owner or operatorwill have after being notified of theintended disapproval to submit theadditional information.

(ii) The Administrator may establishgeneral procedures and criteria in arelevant standard to accomplish therequirements of paragraph (c)(5)(i) ofthis section.

(iii) If the Administrator approves theuse of an alternative monitoring methodfor an affected source under paragraph(c)(5)(i) of this section, the owner oroperator of such source shall continueto use the alternative monitoringmethod until he or she receivesapproval from the Administrator to useanother monitoring method as allowedby this subpart or a subpart referencedby this subpart.

(6) Alternative to the relative accuracytest. An alternative to the relativeaccuracy test for CEMS specified in arelevant standard may be requested asfollows:

(i) Criteria for approval of alternativeprocedures. An alternative to the testmethod for determining relativeaccuracy is available for affected sourceswith emission rates demonstrated to beless than 50 percent of the relevantstandard. The owner or operator of anaffected source may petition theAdministrator under paragraph (c)(6)(ii)of this section to substitute the relativeaccuracy test in section 7 ofPerformance Specification 2 with theprocedures in section 10 if the results ofa performance test conducted accordingto the requirements specified in thissubpart or subpart referenced by thissubpart demonstrate that the emissionrate of the pollutant of interest in theunits of the relevant standard is lessthan 50 percent of the relevant standard.For affected sources subject to emissionlimitations expressed as controlefficiency levels, the owner or operatormay petition the Administrator tosubstitute the relative accuracy test withthe procedures in section 10 ofPerformance Specification 2 if thecontrol device exhaust emission rate isless than 50 percent of the level neededto meet the control efficiencyrequirement. The alternative proceduresdo not apply if the CEMS is usedcontinuously to determine compliancewith the relevant standard.

(ii) Petition to use alternative torelative accuracy test. The petition touse an alternative to the relativeaccuracy test shall include a detaileddescription of the procedures to beapplied, the location and the procedurefor conducting the alternative, theconcentration or response levels of thealternative relative accuracy materials,


and the other equipment checksincluded in the alternative procedure(s).The Administrator will review thepetition for completeness andapplicability. The Administrator’sdetermination to approve an alternativewill depend on the intended use of theCEMS data and may requirespecifications more stringent than inPerformance Specification 2.

(iii) Rescission of approval to usealternative to relative accuracy test. TheAdministrator will review thepermission to use an alternative to theCEMS relative accuracy test and mayrescind such permission if the CEMSdata from a successful completion of thealternative relative accuracy procedureindicate that the affected source’semissions are approaching the level ofthe relevant standard. The criterion forreviewing the permission is that thecollection of CEMS data shows thatemissions have exceeded 70 percent ofthe relevant standard for any averagingperiod, as specified in the relevantstandard. For affected sources subject toemission limitations expressed ascontrol efficiency levels, the criterionfor reviewing the permission is that thecollection of CEMS data shows thatexhaust emissions have exceeded 70percent of the level needed to meet thecontrol efficiency requirement for anyaveraging period, as specified in therelevant standard. The owner oroperator of the affected source shallmaintain records and determine thelevel of emissions relative to thecriterion for permission to use analternative for relative accuracy testing.If this criterion is exceeded, the owneror operator shall notify theAdministrator within 10 days of suchoccurrence and include a description ofthe nature and cause of the increasedemissions. The Administrator willreview the notification and may rescindpermission to use an alternative andrequire the owner or operator to conducta relative accuracy test of the CEMS asspecified in section 7 of PerformanceSpecification 2.

(d) Waiver of recordkeeping orreporting requirements.

(1) Until a waiver of a recordkeepingor reporting requirement has beengranted by the Administrator under thisparagraph, the owner or operator of anaffected source remains subject to therecordkeeping and reportingrequirements of this subpart and anysubparts referenced by this subpart.

(2) Recordkeeping or reportingrequirements may be waived uponwritten application to the Administratorif, in the Administrator’s judgment, theaffected source is achieving the relevantstandard(s), or the source is operating

under an extension of compliance, orthe owner or operator has requested anextension of compliance and theAdministrator is still considering thatrequest.

(3) If an application for a waiver ofrecordkeeping or reporting is made, theapplication shall accompany the requestfor an extension of compliance underparagraph (a), any required complianceprogress report or compliance statusreport required under this part or in thesource’s title V permit, or an excessemissions and continuous monitoringsystem performance report requiredunder subpart SS or another subpartreferenced by this subpart, whichever isapplicable. The application shallinclude whatever information the owneror operator considers useful to convincethe Administrator that a waiver ofrecordkeeping or reporting is warranted.

(4) The Administrator will approve ordeny a request for a waiver ofrecordkeeping or reporting requirementsunder this paragraph when he/she—

(i) Approves or denies an extension ofcompliance under paragraph (a); or

(ii) Makes a determination ofcompliance following the submission ofa required compliance status report orexcess emissions and continuousmonitoring systems performance report;or

(iii) Makes a determination of suitableprogress towards compliance followingthe submission of a compliance progressreport, whichever is applicable.

(5) A waiver of any recordkeeping orreporting requirement granted underthis paragraph may be conditioned onother recordkeeping or reportingrequirements deemed necessary by theAdministrator.

(6) Approval of any waiver grantedunder this section shall not abrogate theAdministrator’s authority under the Actor in any way prohibit theAdministrator from later canceling thewaiver. The cancellation will be madeonly after notice is given to the owneror operator of the affected source.

§ 63.1113 Procedures for approval ofalternative means of emission limitation.

(a) Alternative means of emissionlimitation. An owner or operator of anaffected source may request adetermination of alternative means ofemission limitation to the requirementsof design, equipment, work practice, oroperational standards of this subpart orof a subpart referenced by this subpart.If, in the judgment of the Administrator,an alternative means of emissionlimitation will achieve a reduction inHAP emissions at least equivalent to thereduction in emissions from that sourceachieved under any design, equipment,

work practice, or operational standards(but not performance standards) in thissubpart, the Administrator will publishin the Federal Register a noticepermitting the use of the alternativemeans for purposes of compliance withthat requirement.

(1) The notice may condition thepermission on requirements related tothe operation and maintenance of thealternative means.

(2) Any such notice shall bepublished only after public notice andan opportunity for a hearing.

(b) Content of submittal.—(1) In orderto obtain approval, any person seekingpermission to use an alternative meansof compliance under this section shallcollect, verify, and submit to theAdministrator information showing thatthe alternative means achievesequivalent emission reductions. Anowner or operator of an affected sourceseeking permission to use an alternativemeans of compliance who has notpreviously performed testing shall alsosubmit a proposed test plan. If theowner or operator seeks permission touse an alternative means of compliancebased on previously performed testing,they shall submit the results of testing,a description of the procedures followedin testing or monitoring, and adescription of pertinent conditionsduring testing or monitoring.

(2) The owner or operator whorequests an alternative means ofemissions limitation shall submit adescription of the proposed testing,monitoring, recordkeeping, andreporting that will be used and theproposed basis for demonstratingcompliance.

(3) For storage vessels, the owner oroperator shall include the results ofactual emissions tests using full-size orscale-model storage vessels thataccurately collect and measure allregulated HAP emissions using a givencontrol technique, and that accuratelysimulate wind and account for otheremission variables such as temperatureand barometric pressure, or anengineering analysis that theAdministrator determines to be anaccurate method of determiningequivalence.

(4) For proposed alternatives toequipment leak requirements referencedby this subpart, the owner or operatorshall also submit the informationspecified in and meet the requirementsfor alternate means of emissionlimitation specified in the referencedsubparts.

[FR Doc. 98–25454 Filed 10–13–98; 8:45 am]BILLING CODE 6560–50–P

Federal Register/Vol. 63, No. 198/Wednesday, October 14 ...

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