[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2002 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
40
Parts 64 to 71
Revised as of July 1, 2002
Protection of Environment
Containing a codification of documents of general
applicability and future effect
As of July 1, 2002
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
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U.S. GOVERNMENT PRINTING OFFICE
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Material Approved for Incorporation by Reference........ 307
Table of CFR Titles and Chapters........................ 309
Alphabetical List of Agencies Appearing in the CFR...... 327
List of CFR Sections Affected........................... 337
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 40 CFR 64.1 refers
to title 40, part 64,
section 1.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
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EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
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Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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of provisions in effect on a given date in the past by using the
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1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
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Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
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also included in this volume.
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that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
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REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
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Raymond A. Mosley,
Director,
Office of the Federal Register.
July 1, 2002.
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THIS TITLE
Title 40--Protection of Environment is composed of twenty-eight
volumes. The parts in these volumes are arranged in the following order:
parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-End),
parts 53-59, part 60 (60.1-End), part 60 (Appendices), parts 61-62, part
63 (63.1-63.599), part 63 (63.600-1-63.1199), part 63 (63.1200-End),
parts 64-71, parts 72-80, parts 81-85, part 86 (86.1-86.599-99) part 86
(86.600-1-End), parts 87-99, parts 100-135, parts 136-149, parts 150-
189, parts 190-259, parts 260-265, parts 266-299, parts 300-399, parts
400-424, parts 425-699, parts 700-789, and part 790 to End. The contents
of these volumes represent all current regulations codified under this
title of the CFR as of July 1, 2002.
Chapter I--Environmental Protection Agency appears in all twenty-
four volumes. A Pesticide Tolerance Commodity/Chemical Index and Crop
Grouping Commodities Index appear in parts 150-189. A Toxic Substances
Chemical--CAS Number Index appears in parts 700-789 and part 790 to End.
Redesignation Tables appear in the volumes containing parts 50-51, parts
150-189, and parts 700-789. Regulations issued by the Council on
Environmental Quality appear in the volume containing part 790 to End.
The OMB control numbers for title 40 appear in Sec. 9.1 of this chapter.
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[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 64-71)
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Part
chapter i--Environmental Protection Agency (Continued)...... 64
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CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
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Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 47325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.
SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
64 Compliance assurance monitoring............. 5
65 Consolidated Federal air rule............... 16
66 Assessment and collection of noncompliance
penalties by EPA........................ 137
67 EPA approval of State noncompliance penalty
program................................. 151
68 Chemical accident prevention provisions..... 157
69 Special exemptions from requirements of the
Clean Air Act........................... 193
70 State operating permit programs............. 206
71 Federal operating permit programs........... 251
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SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
PART 64--COMPLIANCE ASSURANCE MONITORING--Table of Contents
Sec.
64.1 Definitions.
64.2 Applicability.
64.3 Monitoring design criteria.
64.4 Submittal requirements.
64.5 Deadlines for submittals.
64.6 Approval of monitoring.
64.7 Operation of approved monitoring.
64.8 Quality improvement plan (QIP) requirements.
64.9 Reporting and recordkeeping requirements.
64.10 Savings provisions.
Authority: 42 U.S.C. 7414 and 7661-7661f.
Source: 62 FR 54940, Oct. 22, 1997, unless otherwise noted.
Sec. 64.1 Definitions.
The following definitions apply to this part. Except as specifically
provided in this section, terms used in this part retain the meaning
accorded them under the applicable provisions of the Act.
Act means the Clean Air Act, as amended by Pub.L. 101-549, 42 U.S.C.
7401, et seq.
Applicable requirement shall have the same meaning as provided under
part 70 of this chapter.
Capture system means the equipment (including but not limited to
hoods, ducts, fans, and booths) used to contain, capture and transport a
pollutant to a control device.
Continuous compliance determination method means a method, specified
by the applicable standard or an applicable permit condition, which:
(1) Is used to determine compliance with an emission limitation or
standard on a continuous basis, consistent with the averaging period
established for the emission limitation or standard; and
(2) Provides data either in units of the standard or correlated
directly with the compliance limit.
Control device means equipment, other than inherent process
equipment, that is used to destroy or remove air pollutant(s) prior to
discharge to the atmosphere. The types of equipment that may commonly be
used as control devices include, but are not limited to, fabric filters,
mechanical collectors, electrostatic precipitators, inertial separators,
afterburners, thermal or catalytic incinerators, adsorption devices
(such as carbon beds), condensers, scrubbers (such as wet collection and
gas absorption devices), selective catalytic or non-catalytic reduction
systems, flue gas recirculation systems, spray dryers, spray towers,
mist eliminators, acid plants, sulfur recovery plants, injection systems
(such as water, steam, ammonia, sorbent or limestone injection), and
combustion devices independent of the particular process being conducted
at an emissions unit (e.g., the destruction of emissions achieved by
venting process emission streams to flares, boilers or process heaters).
For purposes of this part, a control device does not include passive
control measures that act to prevent pollutants from forming, such as
the use of seals, lids, or roofs to prevent the release of pollutants,
use of low-polluting fuel or feedstocks, or the use of combustion or
other process design features or characteristics. If an applicable
requirement establishes that particular equipment which otherwise meets
this definition of a control device does not constitute a control device
as applied to a particular pollutant-specific emissions unit, then that
definition shall be binding for purposes of this part.
Data means the results of any type of monitoring or method,
including the results of instrumental or non-instrumental monitoring,
emission calculations, manual sampling procedures, recordkeeping
procedures, or any other form of information collection procedure used
in connection with any type of monitoring or method.
Emission limitation or standard means any applicable requirement
that constitutes an emission limitation, emission standard, standard of
performance or means of emission limitation as defined under the Act. An
emission limitation or standard may be expressed in terms of the
pollutant, expressed either
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as a specific quantity, rate or concentration of emissions (e.g., pounds
of SO2 per hour, pounds of SO2 per million British
thermal units of fuel input, kilograms of VOC per liter of applied
coating solids, or parts per million by volume of SO2) or as
the relationship of uncontrolled to controlled emissions (e.g.,
percentage capture and destruction efficiency of VOC or percentage
reduction of SO2). An emission limitation or standard may
also be expressed either as a work practice, process or control device
parameter, or other form of specific design, equipment, operational, or
operation and maintenance requirement. For purposes of this part, an
emission limitation or standard shall not include general operation
requirements that an owner or operator may be required to meet, such as
requirements to obtain a permit, to operate and maintain sources in
accordance with good air pollution control practices, to develop and
maintain a malfunction abatement plan, to keep records, submit reports,
or conduct monitoring.
Emissions unit shall have the same meaning as provided under part 70
of this chapter.
Exceedance shall mean a condition that is detected by monitoring
that provides data in terms of an emission limitation or standard and
that indicates that emissions (or opacity) are greater than the
applicable emission limitation or standard (or less than the applicable
standard in the case of a percent reduction requirement) consistent with
any averaging period specified for averaging the results of the
monitoring.
Excursion shall mean a departure from an indicator range established
for monitoring under this part, consistent with any averaging period
specified for averaging the results of the monitoring.
Inherent process equipment means equipment that is necessary for the
proper or safe functioning of the process, or material recovery
equipment that the owner or operator documents is installed and operated
primarily for purposes other than compliance with air pollution
regulations. Equipment that must be operated at an efficiency higher
than that achieved during normal process operations in order to comply
with the applicable emission limitation or standard is not inherent
process equipment. For the purposes of this part, inherent process
equipment is not considered a control device.
Major source shall have the same meaning as provided under part 70
or 71 of this chapter.
Monitoring means any form of collecting data on a routine basis to
determine or otherwise assess compliance with emission limitations or
standards. Recordkeeping may be considered monitoring where such records
are used to determine or assess compliance with an emission limitation
or standard (such as records of raw material content and usage, or
records documenting compliance with work practice requirements). The
conduct of compliance method tests, such as the procedures in appendix A
to part 60 of this chapter, on a routine periodic basis may be
considered monitoring (or as a supplement to other monitoring), provided
that requirements to conduct such tests on a one-time basis or at such
times as a regulatory authority may require on a non-regular basis are
not considered monitoring requirements for purposes of this paragraph.
Monitoring may include one or more than one of the following data
collection techniques, where appropriate for a particular circumstance:
(1) Continuous emission or opacity monitoring systems.
(2) Continuous process, capture system, control device or other
relevant parameter monitoring systems or procedures, including a
predictive emission monitoring system.
(3) Emission estimation and calculation procedures (e.g., mass
balance or stoichiometric calculations).
(4) Maintenance and analysis of records of fuel or raw materials
usage.
(5) Recording results of a program or protocol to conduct specific
operation and maintenance procedures.
(6) Verification of emissions, process parameters, capture system
parameters, or control device parameters using portable or in situ
measurement devices.
(7) Visible emission observations.
(8) Any other form of measuring, recording, or verifying on a
routine basis
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emissions, process parameters, capture system parameters, control device
parameters or other factors relevant to assessing compliance with
emission limitations or standards.
Owner or operator means any person who owns, leases, operates,
controls or supervises a stationary source subject to this part.
Part 70 or 71 permit shall have the same meaning as provided under
part 70 or 71 of this chapter, provided that it shall also refer to a
permit issued, renewed, amended, revised, or modified under any federal
permit program promulgated under title V of the Act.
Part 70 or 71 permit application shall mean an application
(including any supplement to a previously submitted application) that is
submitted by the owner or operator in order to obtain a part 70 or 71
permit.
Permitting authority shall have the same meaning as provided under
part 70 or 71 of this chapter.
Pollutant-specific emissions unit means an emissions unit considered
separately with respect to each regulated air pollutant.
Potential to emit shall have the same meaning as provided under part
70 or 71 of this chapter, provided that it shall be applied with respect
to an ``emissions unit'' as defined under this part in addition to a
``stationary source'' as provided under part 70 or 71 of this chapter.
Predictive emission monitoring system (PEMS) means a system that
uses process and other parameters as inputs to a computer program or
other data reduction system to produce values in terms of the applicable
emission limitation or standard.
Regulated air pollutant shall have the same meaning as provided
under part 70 or 71 of this chapter.
Sec. 64.2 Applicability.
(a) General applicability. Except for backup utility units that are
exempt under paragraph (b)(2) of this section, the requirements of this
part shall apply to a pollutant-specific emissions unit at a major
source that is required to obtain a part 70 or 71 permit if the unit
satisfies all of the following criteria:
(1) The unit is subject to an emission limitation or standard for
the applicable regulated air pollutant (or a surrogate thereof), other
than an emission limitation or standard that is exempt under paragraph
(b)(1) of this section;
(2) The unit uses a control device to achieve compliance with any
such emission limitation or standard; and
(3) The unit has potential pre-control device emissions of the
applicable regulated air pollutant that are equal to or greater than 100
percent of the amount, in tons per year, required for a source to be
classified as a major source. For purposes of this paragraph,
``potential pre-control device emissions'' shall have the same meaning
as ``potential to emit,'' as defined in Sec. 64.1, except that emission
reductions achieved by the applicable control device shall not be taken
into account.
(b) Exemptions--(1) Exempt emission limitations or standards. The
requirements of this part shall not apply to any of the following
emission limitations or standards:
(i) Emission limitations or standards proposed by the Administrator
after November 15, 1990 pursuant to section 111 or 112 of the Act.
(ii) Stratospheric ozone protection requirements under title VI of
the Act.
(iii) Acid Rain Program requirements pursuant to sections 404, 405,
406, 407(a), 407(b), or 410 of the Act.
(iv) Emission limitations or standards or other applicable
requirements that apply solely under an emissions trading program
approved or promulgated by the Administrator under the Act that allows
for trading emissions within a source or between sources.
(v) An emissions cap that meets the requirements specified in
Sec. 70.4(b)(12) or Sec. 71.6(a)(13)(iii) of this chapter.
(vi) Emission limitations or standards for which a part 70 or 71
permit specifies a continuous compliance determination method, as
defined in Sec. 64.1. The exemption provided in this paragraph
(b)(1)(vi) shall not apply if the applicable compliance method includes
an assumed control device emission reduction factor that could be
affected by the actual operation and maintenance of the control device
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(such as a surface coating line controlled by an incinerator for which
continuous compliance is determined by calculating emissions on the
basis of coating records and an assumed control device efficiency factor
based on an initial performance test; in this example, this part would
apply to the control device and capture system, but not to the remaining
elements of the coating line, such as raw material usage).
(2) Exemption for backup utility power emissions units. The
requirements of this part shall not apply to a utility unit, as defined
in Sec. 72.2 of this chapter, that is municipally-owned if the owner or
operator provides documentation in a part 70 or 71 permit application
that:
(i) The utility unit is exempt from all monitoring requirements in
part 75 (including the appendices thereto) of this chapter;
(ii) The utility unit is operated for the sole purpose of providing
electricity during periods of peak electrical demand or emergency
situations and will be operated consistent with that purpose throughout
the part 70 or 71 permit term. The owner or operator shall provide
historical operating data and relevant contractual obligations to
document that this criterion is satisfied; and
(iii) The actual emissions from the utility unit, based on the
average annual emissions over the last three calendar years of operation
(or such shorter time period that is available for units with fewer than
three years of operation) are less than 50 percent of the amount in tons
per year required for a source to be classified as a major source and
are expected to remain so.
Sec. 64.3 Monitoring design criteria.
(a) General criteria. To provide a reasonable assurance of
compliance with emission limitations or standards for the anticipated
range of operations at a pollutant-specific emissions unit, monitoring
under this part shall meet the following general criteria:
(1) The owner or operator shall design the monitoring to obtain data
for one or more indicators of emission control performance for the
control device, any associated capture system and, if necessary to
satisfy paragraph (a)(2) of this section, processes at a pollutant-
specific emissions unit. Indicators of performance may include, but are
not limited to, direct or predicted emissions (including visible
emissions or opacity), process and control device parameters that affect
control device (and capture system) efficiency or emission rates, or
recorded findings of inspection and maintenance activities conducted by
the owner or operator.
(2) The owner or operator shall establish an appropriate range(s) or
designated condition(s) for the selected indicator(s) such that
operation within the ranges provides a reasonable assurance of ongoing
compliance with emission limitations or standards for the anticipated
range of operating conditions. Such range(s) or condition(s) shall
reflect the proper operation and maintenance of the control device (and
associated capture system), in accordance with applicable design
properties, for minimizing emissions over the anticipated range of
operating conditions at least to the level required to achieve
compliance with the applicable requirements. The reasonable assurance of
compliance will be assessed by maintaining performance within the
indicator range(s) or designated condition(s). The ranges shall be
established in accordance with the design and performance requirements
in this section and documented in accordance with the requirements in
Sec. 64.4. If necessary to assure that the control device and associated
capture system can satisfy this criterion, the owner or operator shall
monitor appropriate process operational parameters (such as total
throughput where necessary to stay within the rated capacity for a
control device). In addition, unless specifically stated otherwise by an
applicable requirement, the owner or operator shall monitor indicators
to detect any bypass of the control device (or capture system) to the
atmosphere, if such bypass can occur based on the design of the
pollutant-specific emissions unit.
(3) The design of indicator ranges or designated conditions may be:
(i) Based on a single maximum or minimum value if appropriate (e.g.,
maintaining condenser temperatures a certain number of degrees below the
condensation temperature of the applicable compound(s) being processed)
or
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at multiple levels that are relevant to distinctly different operating
conditions (e.g., high versus low load levels).
(ii) Expressed as a function of process variables (e.g., an
indicator range expressed as minimum to maximum pressure drop across a
venturi throat in a particulate control scrubber).
(iii) Expressed as maintaining the applicable parameter in a
particular operational status or designated condition (e.g., position of
a damper controlling gas flow to the atmosphere through a by-pass duct).
(iv) Established as interdependent between more than one indicator.
(b) Performance criteria. The owner or operator shall design the
monitoring to meet the following performance criteria:
(1) Specifications that provide for obtaining data that are
representative of the emissions or parameters being monitored (such as
detector location and installation specifications, if applicable).
(2) For new or modified monitoring equipment, verification
procedures to confirm the operational status of the monitoring prior to
the date by which the owner or operator must conduct monitoring under
this part as specified in Sec. 64.7(a). The owner or operator shall
consider the monitoring equipment manufacturer's requirements or
recommendations for installation, calibration, and start-up operation.
(3) Quality assurance and control practices that are adequate to
ensure the continuing validity of the data. The owner or operator shall
consider manufacturer recommendations or requirements applicable to the
monitoring in developing appropriate quality assurance and control
practices.
(4) Specifications for the frequency of conducting the monitoring,
the data collection procedures that will be used (e.g., computerized
data acquisition and handling, alarm sensor, or manual log entries based
on gauge readings), and, if applicable, the period over which discrete
data points will be averaged for the purpose of determining whether an
excursion or exceedance has occurred.
(i) At a minimum, the owner or operator shall design the period over
which data are obtained and, if applicable, averaged consistent with the
characteristics and typical variability of the pollutant-specific
emissions unit (including the control device and associated capture
system). Such intervals shall be commensurate with the time period over
which a change in control device performance that would require actions
by owner or operator to return operations within normal ranges or
designated conditions is likely to be observed.
(ii) For all pollutant-specific emissions units with the potential
to emit, calculated including the effect of control devices, the
applicable regulated air pollutant in an amount equal to or greater than
100 percent of the amount, in tons per year, required for a source to be
classified as a major source, for each parameter monitored, the owner or
operator shall collect four or more data values equally spaced over each
hour and average the values, as applicable, over the applicable
averaging period as determined in accordance with paragraph (b)(4)(i) of
this section. The permitting authority may approve a reduced data
collection frequency, if appropriate, based on information presented by
the owner or operator concerning the data collection mechanisms
available for a particular parameter for the particular pollutant-
specific emissions unit (e.g., integrated raw material or fuel analysis
data, noninstrumental measurement of waste feed rate or visible
emissions, use of a portable analyzer or an alarm sensor).
(iii) For other pollutant-specific emissions units, the frequency of
data collection may be less than the frequency specified in paragraph
(b)(4)(ii) of this section but the monitoring shall include some data
collection at least once per 24-hour period (e.g., a daily inspection of
a carbon adsorber operation in conjunction with a weekly or monthly
check of emissions with a portable analyzer).
(c) Evaluation factors. In designing monitoring to meet the
requirements in paragraphs (a) and (b) of this section, the owner or
operator shall take into account site-specific factors including the
applicability of existing monitoring equipment and procedures,
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the ability of the monitoring to account for process and control device
operational variability, the reliability and latitude built into the
control technology, and the level of actual emissions relative to the
compliance limitation.
(d) Special criteria for the use of continuous emission, opacity or
predictive monitoring systems. (1) If a continuous emission monitoring
system (CEMS), continuous opacity monitoring system (COMS) or predictive
emission monitoring system (PEMS) is required pursuant to other
authority under the Act or state or local law, the owner or operator
shall use such system to satisfy the requirements of this part.
(2) The use of a CEMS, COMS, or PEMS that satisfies any of the
following monitoring requirements shall be deemed to satisfy the general
design criteria in paragraphs (a) and (b) of this section, provided that
a COMS may be subject to the criteria for establishing indicator ranges
under paragraph (a) of this section:
(i) Section 51.214 and appendix P of part 51 of this chapter;
(ii) Section 60.13 and appendix B of part 60 of this chapter;
(iii) Section 63.8 and any applicable performance specifications
required pursuant to the applicable subpart of part 63 of this chapter;
(iv) Part 75 of this chapter;
(v) Subpart H and appendix IX of part 266 of this chapter; or
(vi) If an applicable requirement does not otherwise require
compliance with the requirements listed in the preceding paragraphs
(d)(2)(i) through (v) of this section, comparable requirements and
specifications established by the permitting authority.
(3) The owner or operator shall design the monitoring system subject
to this paragraph (d) to:
(i) Allow for reporting of exceedances (or excursions if applicable
to a COMS used to assure compliance with a particulate matter standard),
consistent with any period for reporting of exceedances in an underlying
requirement. If an underlying requirement does not contain a provision
for establishing an averaging period for the reporting of exceedances or
excursions, the criteria used to develop an averaging period in (b)(4)
of this section shall apply; and
(ii) Provide an indicator range consistent with paragraph (a) of
this section for a COMS used to assure compliance with a particulate
matter standard. If an opacity standard applies to the pollutant-
specific emissions unit, such limit may be used as the appropriate
indicator range unless the opacity limit fails to meet the criteria in
paragraph (a) of this section after considering the type of control
device and other site-specific factors applicable to the pollutant-
specific emissions unit.
Sec. 64.4 Submittal requirements.
(a) The owner or operator shall submit to the permitting authority
monitoring that satisfies the design requirements in Sec. 64.3. The
submission shall include the following information:
(1) The indicators to be monitored to satisfy Secs. 64.3(a)(1)-(2);
(2) The ranges or designated conditions for such indicators, or the
process by which such indicator ranges or designated conditions shall be
established;
(3) The performance criteria for the monitoring to satisfy
Sec. 64.3(b); and
(4) If applicable, the indicator ranges and performance criteria for
a CEMS, COMS or PEMS pursuant to Sec. 64.3(d).
(b) As part of the information submitted, the owner or operator
shall submit a justification for the proposed elements of the
monitoring. If the performance specifications proposed to satisfy
Sec. 64.3(b)(2) or (3) include differences from manufacturer
recommendations, the owner or operator shall explain the reasons for the
differences between the requirements proposed by the owner or operator
and the manufacturer's recommendations or requirements. The owner or
operator also shall submit any data supporting the justification, and
may refer to generally available sources of information used to support
the justification (such as generally available air pollution engineering
manuals, or EPA or permitting authority publications on appropriate
monitoring for various types of control devices or capture systems). To
justify the appropriateness of the monitoring elements proposed, the
owner
[[Page 11]]
or operator may rely in part on existing applicable requirements that
establish the monitoring for the applicable pollutant-specific emissions
unit or a similar unit. If an owner or operator relies on presumptively
acceptable monitoring, no further justification for the appropriateness
of that monitoring should be necessary other than an explanation of the
applicability of such monitoring to the unit in question, unless data or
information is brought forward to rebut the assumption. Presumptively
acceptable monitoring includes:
(1) Presumptively acceptable or required monitoring approaches,
established by the permitting authority in a rule that constitutes part
of the applicable implementation plan required pursuant to title I of
the Act, that are designed to achieve compliance with this part for
particular pollutant-specific emissions units;
(2) Continuous emission, opacity or predictive emission monitoring
systems that satisfy applicable monitoring requirements and performance
specifications as specified in Sec. 64.3(d);
(3) Excepted or alternative monitoring methods allowed or approved
pursuant to part 75 of this chapter;
(4) Monitoring included for standards exempt from this part pursuant
to Sec. 64.2(b)(1)(i) or (vi) to the extent such monitoring is
applicable to the performance of the control device (and associated
capture system) for the pollutant-specific emissions unit; and
(5) Presumptively acceptable monitoring identified in guidance by
EPA. Such guidance will address the requirements under Secs. 64.4(a),
(b), and (c) to the extent practicable.
(c)(1) Except as provided in paragraph (d) of this section, the
owner or operator shall submit control device (and process and capture
system, if applicable) operating parameter data obtained during the
conduct of the applicable compliance or performance test conducted under
conditions specified by the applicable rule. If the applicable rule does
not specify testing conditions or only partially specifies test
conditions, the performance test generally shall be conducted under
conditions representative of maximum emissions potential under
anticipated operating conditions at the pollutant-specific emissions
unit. Such data may be supplemented, if desired, by engineering
assessments and manufacturer's recommendations to justify the indicator
ranges (or, if applicable, the procedures for establishing such
indicator ranges). Emission testing is not required to be conducted over
the entire indicator range or range of potential emissions.
(2) The owner or operator must document that no changes to the
pollutant-specific emissions unit, including the control device and
capture system, have taken place that could result in a significant
change in the control system performance or the selected ranges or
designated conditions for the indicators to be monitored since the
performance or compliance tests were conducted.
(d) If existing data from unit-specific compliance or performance
testing specified in paragraph (c) of this section are not available,
the owner or operator:
(1) Shall submit a test plan and schedule for obtaining such data in
accordance with paragraph (e) of this section; or
(2) May submit indicator ranges (or procedures for establishing
indicator ranges) that rely on engineering assessments and other data,
provided that the owner or operator demonstrates that factors specific
to the type of monitoring, control device, or pollutant-specific
emissions unit make compliance or performance testing unnecessary to
establish indicator ranges at levels that satisfy the criteria in
Sec. 64.3(a).
(e) If the monitoring submitted by the owner or operator requires
installation, testing, or other necessary activities prior to use of the
monitoring for purposes of this part, the owner or operator shall
include an implementation plan and schedule for installing, testing and
performing any other appropriate activities prior to use of the
monitoring. The implementation plan and schedule shall provide for use
of the monitoring as expeditiously as practicable after approval of the
monitoring in the part 70 or 71 permit pursuant to Sec. 64.6, but in no
case shall the schedule for completing installation
[[Page 12]]
and beginning operation of the monitoring exceed 180 days after approval
of the permit.
(f) If a control device is common to more than one pollutant-
specific emissions unit, the owner or operator may submit monitoring for
the control device and identify the pollutant-specific emissions units
affected and any process or associated capture device conditions that
must be maintained or monitored in accordance with Sec. 64.3(a) rather
than submit separate monitoring for each pollutant-specific emissions
unit.
(g) If a single pollutant-specific emissions unit is controlled by
more than one control device similar in design and operation, the owner
or operator may submit monitoring that applies to all the control
devices and identify the control devices affected and any process or
associated capture device conditions that must be maintained or
monitored in accordance with Sec. 64.3(a) rather than submit a separate
description of monitoring for each control device.
Sec. 64.5 Deadlines for submittals.
(a) Large pollutant-specific emissions units. For all pollutant-
specific emissions units with the potential to emit (taking into account
control devices to the extent appropriate under the definition of this
term in Sec. 64.1) the applicable regulated air pollutant in an amount
equal to or greater than 100 percent of the amount, in tons per year,
required for a source to be classified as a major source, the owner or
operator shall submit the information required under Sec. 64.4 at the
following times:
(1) On or after April 20, 1998, the owner or operator shall submit
information as part of an application for an initial part 70 or 71
permit if, by that date, the application either:
(i) Has not been filed; or
(ii) Has not yet been determined to be complete by the permitting
authority.
(2) On or after April 20, 1998, the owner or operator shall submit
information as part of an application for a significant permit revision
under part 70 or 71 of this chapter, but only with respect to those
pollutant-specific emissions units for which the proposed permit
revision is applicable.
(3) The owner or operator shall submit any information not submitted
under the deadlines set forth in paragraphs (a)(1) and (2) of this
section as part of the application for the renewal of a part 70 or 71
permit.
(b) Other pollutant-specific emissions units. For all other
pollutant-specific emissions units subject to this part and not subject
to Sec. 64.5(a), the owner or operator shall submit the information
required under Sec. 64.4 as part of an application for a renewal of a
part 70 or 71 permit.
(c) The effective date for the requirement to submit information
under Sec. 64.4 shall be as specified pursuant to paragraphs (a)-(b) of
this section and a permit reopening to require the submittal of
information under this section shall not be required pursuant to
Sec. 70.7(f)(1)(i) of this chapter, provided, however, that, if a part
70 or 71 permit is reopened for cause by EPA or the permitting authority
pursuant to Sec. 70.7(f)(1)(iii) or (iv), or Sec. 71.7(f) or (g), the
applicable agency may require the submittal of information under this
section for those pollutant-specific emissions units that are subject to
this part and that are affected by the permit reopening.
(d) Prior to approval of monitoring that satisfies this part, the
owner or operator is subject to the requirements of
Sec. 70.6(a)(3)(i)(B).
Sec. 64.6 Approval of monitoring.
(a) Based on an application that includes the information submitted
in accordance with Sec. 64.5, the permitting authority shall act to
approve the monitoring submitted by the owner or operator by confirming
that the monitoring satisfies the requirements in Sec. 64.3.
(b) In approving monitoring under this section, the permitting
authority may condition the approval on the owner or operator collecting
additional data on the indicators to be monitored for a pollutant-
specific emissions unit, including required compliance or performance
testing, to confirm the ability of the monitoring to provide data that
are sufficient to satisfy the requirements of this part and to confirm
the appropriateness of an indicator
[[Page 13]]
range(s) or designated condition(s) proposed to satisfy Sec. 64.3(a)(2)
and (3) and consistent with the schedule in Sec. 64.4(e).
(c) If the permitting authority approves the proposed monitoring,
the permitting authority shall establish one or more permit terms or
conditions that specify the required monitoring in accordance with
Sec. 70.6(a)(3)(i) of this chapter. At a minimum, the permit shall
specify:
(1) The approved monitoring approach that includes all of the
following:
(i) The indicator(s) to be monitored (such as temperature, pressure
drop, emissions, or similar parameter);
(ii) The means or device to be used to measure the indicator(s)
(such as temperature measurement device, visual observation, or CEMS);
and
(iii) The performance requirements established to satisfy
Sec. 64.3(b) or (d), as applicable.
(2) The means by which the owner or operator will define an
exceedance or excursion for purposes of responding to and reporting
exceedances or excursions under Secs. 64.7 and 64.8 of this part. The
permit shall specify the level at which an excursion or exceedance will
be deemed to occur, including the appropriate averaging period
associated with such exceedance or excursion. For defining an excursion
from an indicator range or designated condition, the permit may either
include the specific value(s) or condition(s) at which an excursion
shall occur, or the specific procedures that will be used to establish
that value or condition. If the latter, the permit shall specify
appropriate notice procedures for the owner or operator to notify the
permitting authority upon any establishment or reestablishment of the
value.
(3) The obligation to conduct the monitoring and fulfill the other
obligations specified in Secs. 64.7 through 64.9 of this part.
(4) If appropriate, a minimum data availability requirement for
valid data collection for each averaging period, and, if appropriate, a
minimum data availability requirement for the averaging periods in a
reporting period.
(d) If the monitoring proposed by the owner or operator requires
installation, testing or final verification of operational status, the
part 70 or 71 permit shall include an enforceable schedule with
appropriate milestones for completing such installation, testing, or
final verification consistent with the requirements in Sec. 64.4(e).
(e) If the permitting authority disapproves the proposed monitoring,
the following applies:
(1) The draft or final permit shall include, at a minimum,
monitoring that satisfies the requirements of Sec. 70.6(a)(3)(i)(B);
(2) The permitting authority shall include in the draft or final
permit a compliance schedule for the source owner to submit monitoring
that satisfies Secs. 64.3 and 64.4, but in no case shall the owner or
operator submit revised monitoring more than 180 days from the date of
issuance of the draft or final permit; and
(3) If the source owner or operator does not submit the monitoring
in accordance with the compliance schedule as required in paragraph
(e)(2) of this section or if the permitting authority disapproves the
monitoring submitted, the source owner or operator shall be deemed not
in compliance with part 64, unless the source owner or operator
successfully challenges the disapproval.
Sec. 64.7 Operation of approved monitoring.
(a) Commencement of operation. The owner or operator shall conduct
the monitoring required under this part upon issuance of a part 70 or 71
permit that includes such monitoring, or by such later date specified in
the permit pursuant to Sec. 64.6(d).
(b) Proper maintenance. At all times, the owner or operator shall
maintain the monitoring, including but not limited to, maintaining
necessary parts for routine repairs of the monitoring equipment.
(c) Continued operation. Except for, as applicable, monitoring
malfunctions, associated repairs, and required quality assurance or
control activities (including, as applicable, calibration checks and
required zero and span adjustments), the owner or operator shall conduct
all monitoring in continuous operation (or shall collect data at all
required intervals) at all times that
[[Page 14]]
the pollutant-specific emissions unit is operating. Data recorded during
monitoring malfunctions, associated repairs, and required quality
assurance or control activities shall not be used for purposes of this
part, including data averages and calculations, or fulfilling a minimum
data availability requirement, if applicable. The owner or operator
shall use all the data collected during all other periods in assessing
the operation of the control device and associated control system. A
monitoring malfunction is any sudden, infrequent, not reasonably
preventable failure of the monitoring to provide valid data. Monitoring
failures that are caused in part by poor maintenance or careless
operation are not malfunctions.
(d) Response to excursions or exceedances. (1) Upon detecting an
excursion or exceedance, the owner or operator shall restore operation
of the pollutant-specific emissions unit (including the control device
and associated capture system) to its normal or usual manner of
operation as expeditiously as practicable in accordance with good air
pollution control practices for minimizing emissions. The response shall
include minimizing the period of any startup, shutdown or malfunction
and taking any necessary corrective actions to restore normal operation
and prevent the likely recurrence of the cause of an excursion or
exceedance (other than those caused by excused startup or shutdown
conditions). Such actions may include initial inspection and evaluation,
recording that operations returned to normal without operator action
(such as through response by a computerized distribution control
system), or any necessary follow-up actions to return operation to
within the indicator range, designated condition, or below the
applicable emission limitation or standard, as applicable.
(2) Determination of whether the owner or operator has used
acceptable procedures in response to an excursion or exceedance will be
based on information available, which may include but is not limited to,
monitoring results, review of operation and maintenance procedures and
records, and inspection of the control device, associated capture
system, and the process.
(e) Documentation of need for improved monitoring. After approval of
monitoring under this part, if the owner or operator identifies a
failure to achieve compliance with an emission limitation or standard
for which the approved monitoring did not provide an indication of an
excursion or exceedance while providing valid data, or the results of
compliance or performance testing document a need to modify the existing
indicator ranges or designated conditions, the owner or operator shall
promptly notify the permitting authority and, if necessary, submit a
proposed modification to the part 70 or 71 permit to address the
necessary monitoring changes. Such a modification may include, but is
not limited to, reestablishing indicator ranges or designated
conditions, modifying the frequency of conducting monitoring and
collecting data, or the monitoring of additional parameters.
Sec. 64.8 Quality improvement plan (QIP) requirements.
(a) Based on the results of a determination made under
Sec. 64.7(d)(2), the Administrator or the permitting authority may
require the owner or operator to develop and implement a QIP. Consistent
with Sec. 64.6(c)(3), the part 70 or 71 permit may specify an
appropriate threshold, such as an accumulation of exceedances or
excursions exceeding 5 percent duration of a pollutant-specific
emissions unit's operating time for a reporting period, for requiring
the implementation of a QIP. The threshold may be set at a higher or
lower percent or may rely on other criteria for purposes of indicating
whether a pollutant-specific emissions unit is being maintained and
operated in a manner consistent with good air pollution control
practices.
(b) Elements of a QIP:
(1) The owner or operator shall maintain a written QIP, if required,
and have it available for inspection.
(2) The plan initially shall include procedures for evaluating the
control performance problems and, based on the results of the evaluation
procedures, the owner or operator shall modify the plan to include
procedures for
[[Page 15]]
conducting one or more of the following actions, as appropriate:
(i) Improved preventive maintenance practices.
(ii) Process operation changes.
(iii) Appropriate improvements to control methods.
(iv) Other steps appropriate to correct control performance.
(v) More frequent or improved monitoring (only in conjunction with
one or more steps under paragraphs (b)(2)(i) through (iv) of this
section).
(c) If a QIP is required, the owner or operator shall develop and
implement a QIP as expeditiously as practicable and shall notify the
permitting authority if the period for completing the improvements
contained in the QIP exceeds 180 days from the date on which the need to
implement the QIP was determined.
(d) Following implementation of a QIP, upon any subsequent
determination pursuant to Sec. 64.7(d)(2) the Administrator or the
permitting authority may require that an owner or operator make
reasonable changes to the QIP if the QIP is found to have:
(1) Failed to address the cause of the control device performance
problems; or
(2) Failed to provide adequate procedures for correcting control
device performance problems as expeditiously as practicable in
accordance with good air pollution control practices for minimizing
emissions.
(e) Implementation of a QIP shall not excuse the owner or operator
of a source from compliance with any existing emission limitation or
standard, or any existing monitoring, testing, reporting or
recordkeeping requirement that may apply under federal, state, or local
law, or any other applicable requirements under the Act.
Sec. 64.9 Reporting and recordkeeping requirements.
(a) General reporting requirements. (1) On and after the date
specified in Sec. 64.7(a) by which the owner or operator must use
monitoring that meets the requirements of this part, the owner or
operator shall submit monitoring reports to the permitting authority in
accordance with Sec. 70.6(a)(3)(iii) of this chapter.
(2) A report for monitoring under this part shall include, at a
minimum, the information required under Sec. 70.6(a)(3)(iii) of this
chapter and the following information, as applicable:
(i) Summary information on the number, duration and cause (including
unknown cause, if applicable) of excursions or exceedances, as
applicable, and the corrective actions taken;
(ii) Summary information on the number, duration and cause
(including unknown cause, if applicable) for monitor downtime incidents
(other than downtime associated with zero and span or other daily
calibration checks, if applicable); and
(iii) A description of the actions taken to implement a QIP during
the reporting period as specified in Sec. 64.8. Upon completion of a
QIP, the owner or operator shall include in the next summary report
documentation that the implementation of the plan has been completed and
reduced the likelihood of similar levels of excursions or exceedances
occurring.
(b) General recordkeeping requirements. (1) The owner or operator
shall comply with the recordkeeping requirements specified in
Sec. 70.6(a)(3)(ii) of this chapter. The owner or operator shall
maintain records of monitoring data, monitor performance data,
corrective actions taken, any written quality improvement plan required
pursuant to Sec. 64.8 and any activities undertaken to implement a
quality improvement plan, and other supporting information required to
be maintained under this part (such as data used to document the
adequacy of monitoring, or records of monitoring maintenance or
corrective actions).
(2) Instead of paper records, the owner or operator may maintain
records on alternative media, such as microfilm, computer files,
magnetic tape disks, or microfiche, provided that the use of such
alternative media allows for expeditious inspection and review, and does
not conflict with other applicable recordkeeping requirements.
Sec. 64.10 Savings provisions.
(a) Nothing in this part shall:
(1) Excuse the owner or operator of a source from compliance with
any existing emission limitation or standard, or
[[Page 16]]
any existing monitoring, testing, reporting or recordkeeping requirement
that may apply under federal, state, or local law, or any other
applicable requirements under the Act. The requirements of this part
shall not be used to justify the approval of monitoring less stringent
than the monitoring which is required under separate legal authority and
are not intended to establish minimum requirements for the purpose of
determining the monitoring to be imposed under separate authority under
the Act, including monitoring in permits issued pursuant to title I of
the Act. The purpose of this part is to require, as part of the issuance
of a permit under title V of the Act, improved or new monitoring at
those emissions units where monitoring requirements do not exist or are
inadequate to meet the requirements of this part.
(2) Restrict or abrogate the authority of the Administrator or the
permitting authority to impose additional or more stringent monitoring,
recordkeeping, testing, or reporting requirements on any owner or
operator of a source under any provision of the Act, including but not
limited to sections 114(a)(1) and 504(b), or state law, as applicable.
(3) Restrict or abrogate the authority of the Administrator or
permitting authority to take any enforcement action under the Act for
any violation of an applicable requirement or of any person to take
action under section 304 of the Act.
PART 65--CONSOLIDATED FEDERAL AIR RULE--Table of Contents
Subpart A--General Provisions
Sec.
65.1 Applicability.
65.2 Definitions.
65.3 Compliance with standards and operation and maintenance
requirements.
65.4 Recordkeeping.
65.5 Reporting requirements.
65.6 Startup, shutdown, and malfunction plan and procedures.
65.7 Monitoring, recordkeeping, and reporting waivers and alternatives.
65.8 Procedures for approval of alternative means of emission
limitation.
65.9 Availability of information and confidentiality.
65.10 State authority.
65.11 Circumvention and prohibited activities.
65.12 Delegation of authority.
65.13 Incorporation by reference.
65.14 Addresses.
65.15-65.19 [Reserved]
Table 1 to Subpart A of Part 65--Applicable 40 CFR Parts 60, 61, and 63
General Provisions
Table 2 to Subpart A of Part 65--Applicable Referencing Subpart
Provisions
Subpart B [Reserved]
Subpart C--Storage Vessels
65.40 Applicability.
65.41 Definitions.
65.42 Control requirements.
65.43 Fixed roof with an internal floating roof (IFR).
65.44 External floating roof (EFR).
65.45 External floating roof converted into an internal floating roof.
65.46 Alternative means of emission limitation.
65.47 Recordkeeping provisions.
65.48 Reporting provisions.
65.49-65.59 [Reserved]
Subpart D--Process Vents
65.60 Applicability.
65.61 Definitions.
65.62 Process vent group determination.
65.63 Performance and group status change requirements.
65.64 Group determination procedures.
65.65 Monitoring.
65.66 Recordkeeping provisions.
65.67 Reporting provisions.
65.68-65.79 [Reserved]
Table 1 to Subpart D of Part 65--Concentration for Group Determination
Table 2 to Subpart D of Part 65--TRE Parameters for NSPS Referencing
Subparts
Table 3 to Subpart D of Part 65--TRE Parameters for HON Referencing
Subparts
Subpart E--Transfer Racks
65.80 Applicability.
65.81 Definitions.
65.82 Design requirements.
65.83 Performance requirements.
65.84 Operating requirements.
65.85 Procedures.
65.86 Monitoring.
65.87 Recordkeeping provisions.
65.88-65.99 [Reserved]
Subpart F--Equipment Leaks
65.100 Applicability.
65.101 Definitions.
[[Page 17]]
65.102 Alternative means of emission limitation.
65.103 Equipment identification.
65.104 Instrument and sensory monitoring for leaks.
65.105 Leak repair.
65.106 Standards: Valves in gas/vapor service and in light liquid
service.
65.107 Standards: Pumps in light liquid service.
65.108 Standards: Connectors in gas/vapor service and in light liquid
service.
65.109 Standards: Agitators in gas/vapor service and in light liquid
service.
65.110 Standards: Pumps, valves, connectors, and agitators in heavy
liquid service; pressure relief devices in liquid service; and
instrumentation systems.
65.111 Standards: Pressure relief devices in gas/vapor service.
65.112 Standards: Compressors.
65.113 Standards: Sampling connection systems.
65.114 Standards: Open-ended valves or lines.
65.115 Standards: Closed vent systems and control devices; or emissions
routed to a fuel gas system or process.
65.116 Quality improvement program for pumps.
65.117 Alternative means of emission limitation: Batch processes.
65.118 Alternative means of emission limitation: Enclosed-vented process
units.
65.119 Recordkeeping provisions.
65.120 Reporting provisions.
65.121-65.139 [Reserved]
Table 1 to Subpart F of Part 65-- Batch Process Monitoring Frequency for
Equipment Other Than Connectors
Subpart G--Closed Vent Systems, Control Devices, and Routing to a Fuel
Gas System or a Process
65.140 Applicability.
65.141 Definitions.
65.142 Standards.
65.143 Closed vent systems.
65.144 Fuel gas systems and processes to which storage vessel, transfer
rack, or equipment leak regulated material emissions are
routed.
65.145 Nonflare control devices used to control emissions from storage
vessels or low-throughput transfer racks.
65.146 Nonflare control devices used for equipment leaks only.
65.147 Flares.
65.148 Incinerators.
65.149 Boilers and process heaters.
65.150 Absorbers used as control devices.
65.151 Condensers used as control devices.
65.152 Carbon adsorbers used as control devices.
65.153 Absorbers, condensers, carbon adsorbers, and other recovery
devices used as final recovery devices.
65.154 Halogen scrubbers and other halogen reduction devices.
65.155 Other control devices.
65.156 General monitoring requirements for control and recovery devices.
65.157 Performance test and flare compliance determination requirements.
65.158 Performance test procedures for control devices.
65.159 Flare compliance determination and monitoring records.
65.160 Performance test and TRE index value determination records.
65.161 Continuous records and monitoring system data handling.
65.162 Nonflare control and recovery device monitoring records.
65.163 Other records.
65.164 Performance test and flare compliance determination notifications
and reports.
65.165 Initial Compliance Status Reports.
65.166 Periodic reports.
65.167 Other reports.
65.168-65.169 [Reserved]
Authority: 42 U.S.C. 7401 et seq.
Source: 65 FR 78285, Dec. 14, 2000, unless otherwise noted.
Subpart A--General Provisions
Sec. 65.1 Applicability.
(a) The provisions of this subpart apply to owners or operators
expressly referenced to this part from a subpart of 40 CFR part 60, 61,
or 63 for which the owner or operator has chosen to comply with the
provisions of this part as an alternative to the provisions in the
referencing subpart as specified in paragraph (b) of this section.
(b) Owners or operators may choose to comply with this part for any
regulated source subject to a referencing subpart.
(c) Compliance with this part instead of the referencing subparts
does not alter the applicability of the referencing subparts. This part
applies to only the equipment, process vents, storage vessels, or
transfer operations to which the referencing subparts apply. This part
does not extend applicability to equipment, process vents, storage
vessels, or transfer operations that are not regulated by the
referencing subpart.
(d) The provisions of 40 CFR part 60, subpart A; 40 CFR part 61,
subpart A;
[[Page 18]]
and 40 CFR part 63, subpart A, that are listed in table 1 of this
subpart still apply to owners or operators of regulated sources
expressly referenced to this part. The owner or operator shall comply
with the provisions in table 1 of this subpart in the column
corresponding to the referencing subpart. All provisions of 40 CFR part
60, subpart A; 40 CFR part 61, subpart A; and 40 CFR part 63, subpart A,
not expressly referenced in table 1 of this subpart do not apply, and
the provisions of this part apply instead, except that provisions which
were required to be met prior to implementation of this part 65 still
apply.
(e) The provisions of the referencing subparts that are listed in
table 2 of this subpart still apply to owners or operators of regulated
sources expressly referenced to this part. The owner or operator shall
comply with the provisions in table 2 of this subpart in the row
corresponding to the referencing subpart. All provisions of the
referencing subparts not expressly referenced in table 2 to this subpart
do not apply and the provisions of this part apply instead, except that
provisions which were required to be met prior to implementation of this
part 65 still apply.
(f) Implementation date. Owners or operators who choose to comply
with this part shall comply by the dates specified in paragraph (f)(1)
of this section, as applicable, and shall meet the requirement in
paragraph (f)(2) of this section.
(1) Owners or operators shall implement this part as specified in an
implementation schedule or at initial startup. The implementation date
shall be established by mutual agreement with the Administrator or
delegated authority. The implementation schedule shall be included in
the source's title V permit. For non-title V sources, the implementation
schedule shall be proposed by the source in the Initial Notification for
Part 65 Applicability as specified in Sec. 65.5(c).
(2) There shall be no gaps in compliance between compliance with the
referencing subpart and compliance with this part.
(g) Transitioning out of this part. Owners or operators who decide
to no longer comply with this part and to comply with the provisions in
the referencing subpart instead shall comply with the following, as
applicable:
(1) This transition shall be carried out on a date established in a
title V permit or if the source is not a title V source, by a date
established by agreement with the Administrator or delegated authority.
The transition date shall be proposed in a title V permit amendment, or
for non-title V sources, in a periodic report or separate notice.
(2) There shall be no gaps in compliance between compliance with
this part and compliance with the referencing subpart provisions.
(h) Overlap with other subparts of this part. When provisions of
another subpart of this part conflict with the provisions of this
subpart, the provisions of the other subpart shall apply.
(i) Equipment assignment procedures. If specific items of equipment
(pumps, compressors, agitators, pressure relief devices, sampling
connection systems, open-ended valves or lines, valves, connectors,
instrumentation systems, surge control vessels, and bottoms receivers)
that are part of a process unit complying with this part are managed by
different administrative organizations (for example, different
companies, affiliates, departments, divisions, etc.), those items of
equipment may be aggregated with any process unit within the plant site.
Sec. 65.2 Definitions.
All terms used in this part shall have the meaning given them in the
Act and in this section. If a term is defined both in this section and
in other parts that reference the use of this part, the term shall have
the meaning given in this section for purposes of this part. If a term
is not defined in the Act or in this section, the term shall have the
meaning given in the referencing subpart for purposes of this part. The
terms follow:
Act means the Clean Air Act (42 U.S.C. 7401 et seq.).
Administrator means the Administrator of the United States
Environmental Protection Agency (EPA) or his or her authorized
representative (for
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example, a State that has been delegated the authority to implement the
provisions of this part).
Approved permit program means a State permit program approved by the
Administrator as meeting the requirements of part 70 of this chapter or
a Federal permit program established in this chapter pursuant to title V
of the Act (42 U.S.C. 7661).
Automated continuous parameter monitoring system means a continuous
parameter monitoring system that automatically both records the measured
data and calculates hourly averages.
Automated monitoring and recording system means any means of
measuring values of monitored parameters and creating a hard copy or
computer record of the measured values that does not require manual
reading of monitoring instruments and manual transcription of data
values. Automated monitoring and recording systems include, but are not
limited to, computerized systems, strip charts, and circular charts.
Batch process means a process in which the equipment is fed
intermittently or discontinuously. Processing then occurs in this
equipment after which the equipment is generally emptied. Examples of
industries that use batch processes include pharmaceutical production
and pesticide production.
Batch product-process equipment train means the collection of
equipment (for example, connectors, reactors, valves, pumps) configured
to produce a specific product or intermediate by a batch process.
Boiler means any enclosed combustion device that extracts useful
energy in the form of steam and is not an incinerator or a process
heater. Boiler also means any industrial furnace as defined in 40 CFR
260.10.
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
By compound means by individual stream components, not carbon
equivalents.
Car-seal means a seal that is placed on a device that is used to
change the position of a valve (for example, from opened to closed) in
such a way that the position of the valve cannot be changed without
breaking the seal.
Closed vent system means a system that is not open to the atmosphere
and is composed of piping, ductwork, connections, and, if necessary,
flow inducing devices that transport gas or vapor from an emission point
to a control device. A closed vent system does not include the vapor
collection system that is part of any tank truck or railcar or the
loading arm or hose that is used for vapor return. For transfer racks,
the closed vent system begins at, and includes, the first block valve on
the downstream side of the loading arm or hose used to convey displaced
vapors.
Closed vent system shutdown means a work practice or operational
procedure that stops production from a process unit or part of a process
unit during which it is technically feasible to clear process material
from a closed vent system or part of a closed vent system consistent
with safety constraints and during which repairs can be effected. An
unscheduled work practice or operational procedure that stops production
from a process unit or part of a process unit for less than 24 hours is
not a closed vent system shutdown. An unscheduled work practice or
operational procedure that would stop production from a process unit or
part of a process unit for a shorter period of time than would be
required to clear the closed vent system or part of the closed vent
system of materials and start up the unit, and would result in greater
emissions than delay of repair of leaking components until the next
scheduled closed vent system shutdown, is not a closed vent system
shutdown. The use of spare equipment and technically feasible bypassing
of equipment without stopping production are not closed vent system
shutdowns.
Closed-loop system means an enclosed system that returns process
fluid to a process.
Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers must be
covered or closed when not being filled or emptied.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or
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boiler, used for the combustion of organic emissions.
Compliance date means the date by which a regulated source is
required to be in compliance with a relevant standard, limitation,
prohibition, or any federally enforceable requirement established by the
Administrator (or a State with an approved permit program) pursuant to
the Act.
Connector means flanged, screwed, or other joined fittings used to
connect two pipelines or a pipeline and a piece of equipment. A common
connector is a flange. Joined fittings welded completely around the
circumference of the interface are not considered connectors for the
purpose of this regulation. For the purpose of reporting and
recordkeeping, connector means joined fittings that are not
inaccessible, ceramic, or ceramic-lined (for example, porcelain, glass,
or glass-lined) as described in Sec. 65.108(e)(2).
Continuous parameter monitoring system or CPMS means the total
equipment that may be required to meet the data acquisition and
availability requirements of this part used to sample, condition (if
applicable), analyze, and provide a record of process or control system
parameters.
Continuous record means documentation, either in hard copy or
computer-readable form, of data values measured at least once every 15
minutes and recorded at the frequency specified in Sec. 65.161(a).
Continuous seal means a seal that is designed to form a continuous
closure that completely covers the space between the wall of the storage
vessel and the edge of the floating roof. A continuous seal may be a
vapor-mounted, liquid-mounted, or metallic shoe seal. A continuous seal
may be constructed of fastened segments so as to form a continuous seal.
Control device means any combustion device, recovery device, or any
combination of these devices used to comply with this part. Such
equipment or devices include, but are not limited to, absorbers, carbon
adsorbers, condensers, incinerators, flares, boilers, and process
heaters. For process vents (as defined in this section), recovery
devices are not considered control devices except for the recovery
devices specified in Sec. 65.63(a)(2)(ii). A fuel gas system is not a
control device. For a steam stripper, a primary condenser is not
considered a control device.
Control system means the combination of the closed vent system and
the control devices used to collect and control vapors or gases from a
regulated source.
Day means a calendar day.
Distance piece means an open or enclosed casing through which the
piston rod travels, separating the compressor cylinder from the
crankcase.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the two
block valves.
Ductwork means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Emission point means an individual process vent, storage vessel,
transfer rack, wastewater stream, or equipment leak.
Empty or emptying means the removal of the stored liquid from a
storage vessel. Storage vessels where stored liquid is left on the
walls, as bottom clingage, or in pools due to bottom irregularities are
considered empty. Lowering of the stored liquid level, so that the
floating roof is resting on its legs, as necessitated by normal vessel
operation (for example, when changing stored material or when
transferring material out of the vessel for shipment) is not considered
emptying.
Equipment means each of the following that is subject to control
under the referencing subpart: pump, compressor, agitator, pressure
relief device, sampling connection system, open-ended valve or line,
valve, connector, and instrumentation system; and any control devices or
systems used to comply with subpart F of this part.
Equivalent method means any method of sampling and analyzing for an
air pollutant that has been demonstrated to the Administrator's
satisfaction to have a consistent and quantitatively known relationship
to the reference method under specified conditions.
External floating roof or EFR means a pontoon-type (noncontact) or
double-
[[Page 21]]
deck-type (contact) roof that is designed to rest on the stored liquid
surface in a storage vessel with no fixed roof.
Failure, EFR (referred to as EFR failure) is defined as any time the
external floating roof's primary seal has holes, tears, or other
openings in the shoe, seal fabric, or seal envelope; or the secondary
seal has holes, tears, or other openings in the seal or the seal fabric;
or the gaskets no longer close off the stored liquid surface from the
atmosphere; or a slotted membrane has more than 10 percent open area.
Failure, internal floating roof type A (referred to as IFR type A
failure) means any time, as determined during visual inspection through
roof hatches, in which the internal floating roof is not resting on the
surface of the stored liquid inside the storage vessel and is not
resting on the leg supports; or there is stored liquid on the floating
roof; or there are holes, tears, or other openings in the seal or seal
fabric; or there are visible gaps between the seal and the wall of the
storage vessel.
Failure, internal floating roof type B (referred to as IFR type B
failure) means any time, as determined during internal inspections, the
internal floating roof's primary seal has holes, tears, or other
openings in the seal or the seal fabric; or the secondary seal (if one
has been installed) has holes, tears, or other openings in the seal or
the seal fabric; or the gaskets no longer close off the stored liquid
surface from the atmosphere; or a slotted membrane has more than 10
percent open area.
Fill or filling means the introduction of liquids into a storage
vessel, but not necessarily to complete capacity.
First attempt at repair, for the purposes of subparts F and G of
this part, means to take action for the purpose of stopping or reducing
leakage of organic material to the atmosphere, followed by monitoring as
specified in Sec. 65.104(b) and Sec. 65.143(c), as appropriate, to
verify whether the leak is repaired, unless the owner or operator
determines by other means that the leak is not repaired.
Fixed roof means a roof that is mounted (for example, permanently
affixed) on a storage vessel in a stationary manner and that does not
move with fluctuations in stored liquid level.
Flame zone means the portion of the combustion chamber in a boiler
or process heater occupied by the flame envelope.
Floating roof means a roof consisting of an external floating roof
or an internal floating roof that is designed to rest upon and is
supported by the stored liquid and is equipped with a continuous seal.
Flow indicator means a device that indicates whether gas flow is
present in a line, or whether the valve position would allow gas flow to
be present in a line.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in-process combustion equipment, such as furnaces and gas turbines,
either singly or in combination.
Group 1 process vent means a process vent for which the flow rate is
greater than or equal to 0.011 standard cubic meter per minute (0.39
cubic feet per minute); the total concentration is greater than or equal
to the appropriate value in table 1 of subpart D of this part, and the
total resource effectiveness index value, calculated according to
Sec. 65.64(h) is less than or equal to 1.0.
Group 2A process vent means a process vent that is not Group 1 or
Group 2B for which monitoring and recordkeeping are required to
demonstrate a total resource effectiveness index value greater than 1.0.
Group 2B process vent means a process vent that is not Group 1 or
Group 2A for which monitoring and recordkeeping are not required to
demonstrate a total resource effectiveness index value greater than 4.0,
or which is exempt from control requirements due to the vent stream's
flow rate, regulated material concentration, or total resource
effectiveness index value.
Halogenated vent stream or halogenated stream means, for purposes of
[[Page 22]]
this part, a vent stream determined to be halogenated by the procedures
specified in Sec. 65.85(c) for transfer racks and in Sec. 65.64(g) for
process vents, as applicable.
Halogens and hydrogen halides means hydrogen chloride (HCl),
chlorine (Cl2), hydrogen bromide (HBr), bromine
(Br2), and hydrogen fluoride (HF).
Hard-piping means pipe or tubing that is manufactured and installed
using good engineering judgment and standards, such as ASME B31.3,
Process Piping (available from the American Society of Mechanical
Engineers, PO Box 2900, Fairfield, NJ 07007-2900).
High-throughput transfer racks means those transfer racks that
transfer greater than or equal to a total of 11.8 million liters per
year (3.12 million gallons per year) of liquid containing regulated
material.
In food/medical service means that a piece of equipment in regulated
material service contacts a process stream used to manufacture a Food
and Drug Administration-regulated product where leakage of a barrier
fluid into the process stream would cause any of the following:
(1) A dilution of product quality so that the product would not meet
written specifications;
(2) An exothermic reaction that is a safety hazard;
(3) The intended reaction to be slowed down or stopped; or
(4) An undesired side reaction to occur.
In gas/vapor service means that a piece of equipment in regulated
material service contains a gas or vapor when in operation.
In heavy liquid service means that a piece of equipment in regulated
material service is not in gas/vapor service or in light liquid service.
In light liquid service means that a piece of equipment in regulated
material service contains a liquid that meets the following conditions:
(1) The vapor pressure of one or more of the organic compounds is
greater than 0.3 kilopascals at 20 [deg]C (0.04 pounds per square inch
at 68 [deg]F);
(2) The total concentration of the pure organic compound
constituents having a vapor pressure greater than 0.3 kilopascals at 20
[deg]C (0.04 pounds per square inch at 68 [deg]F) is equal to or greater
than 20 percent by weight of the total process stream; and
(3) The fluid is a liquid at operating conditions. (Note: Vapor
pressures may be determined by standard reference texts or American
Society for Testing and Materials (ASTM) D-2879, available from American
Society for Testing and Materials, 1916 Race Street, Philadelphia,
Pennsylvania 19103; or University Microfilms International, 300 North
Zeeb Road, Ann Arbor, Michigan 48106.)
In liquid service means that a piece of equipment in regulated
material service is not in gas/vapor service.
In regulated material service means, for the purposes of the
equipment leak provisions of subpart F of this part, equipment which
meets the definition of ``in volatile organic compound service,'' ``in
volatile hazardous air pollutant service,'' ``in benzene service,'' ``in
vinyl chloride service,'' or ``in organic hazardous air pollutant
service'' as defined in the referencing subpart.
In vacuum service means that equipment is operating at an internal
pressure that is at least 5 kilopascals (0.7 pounds per square inch)
below ambient pressure.
In-situ sampling systems means nonextractive samplers or in-line
samplers.
Incinerator means an enclosed combustion device that is used for
destroying organic compounds. Auxiliary fuel may be used to heat waste
gas to combustion temperatures. Any energy recovery section present is
not physically formed into one manufactured or assembled unit with the
combustion section; rather, the energy recovery section is a separate
section following the combustion section and the two are joined by ducts
or connections carrying flue gas. This energy recovery section
limitation does not apply to an energy recovery section used solely to
preheat the incoming vent stream or combustion air.
Initial startup means, for new or reconstructed sources, the first
time the source begins production. For additions or changes not defined
as a new source by an applicable referencing subpart, initial startup
means the first time additional or changed equipment is put into
operation. Initial startup does not
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include operation solely for testing equipment. Initial startup does not
include subsequent startup (as defined in this section) of process units
following malfunctions or process unit shutdowns. Except for equipment
leaks, initial startup also does not include subsequent startups (as
defined in this section) of process units following changes in product
for flexible operation units or following recharging of equipment in
batch operation.
Instrumentation system means a group of equipment components used to
condition and convey a sample of the process fluid to analyzers and
instruments for the purpose of determining process operating conditions
(for example, composition, pressure, flow). Valves and connectors are
the predominant type of equipment used in instrumentation systems;
however, other types of equipment may also be included in these systems.
Only valves nominally 0.5 inches and smaller in diameter and connectors
nominally 0.75 inches and smaller in diameter are considered
instrumentation systems for the purposes of subpart F of this part.
Intermediate change to monitoring means a modification to federally
required monitoring involving ``proven technology'' (generally accepted
by the scientific community as equivalent or better) that is applied on
a site-specific basis and that may have the potential to decrease the
stringency of the associated emission limitation or standard. Though
site-specific, an intermediate change may set a national precedent for a
source category and may ultimately result in a revision to the federally
required monitoring. Examples of intermediate changes to monitoring
include, but are not limited to:
(1) Use of a continuous monitoring system (CEMS) in lieu of a
parameter monitoring approach;
(2) Decreased frequency for non-continuous parameter monitoring or
physical inspections;
(3) Changes to quality control requirements for parameter
monitoring; and
(4) Use of an electronic data reduction system in lieu of manual
data reduction.
Intermediate change to test method means a within-method
modification to a federally enforceable test method involving ``proven
technology'' (generally accepted by the scientific community as
equivalent or better) that is applied on a site-specific basis and that
may have the potential to decrease the stringency of the associated
emission limitation or standard. Though site-specific, an intermediate
change may set a national precedent for a source category and may
ultimately result in a revision to the federally enforceable test
method. In order to be approved, an intermediate change must be
validated according to EPA Method 301 (40 CFR part 63, appendix A) to
demonstrate that it provides equal or improved accuracy or precision.
Examples of intermediate changes to a test method include, but are not
limited to:
(1) Modifications to a test method's sampling procedure including
substitution of sampling equipment that has been demonstrated for a
particular sample matrix; and use of a different impinger absorbing
solution;
(2) Changes in sample recovery procedures and analytical techniques,
such as changes to sample holding times and use of a different
analytical finish with proven capability for the analyte of interest;
and
(3) ``Combining'' a federally required method with another proven
method for application to processes emitting multiple pollutants.
Internal floating roof or IFR means a pontoon-type (noncontact) or
double-deck-type (contact) roof that is designed to rest or float on the
stored liquid surface inside a storage vessel that has a fixed roof.
Liquid-mounted seal means a foam-or liquid-filled continuous seal
mounted in contact with the stored liquid.
Liquids dripping means any visible leakage from a seal including
dripping, spraying, misting, clouding, and ice formation. Indications of
liquids dripping include puddling or new stains that are indicative of
an existing evaporated drip.
Loading cycle means the time period from the beginning of filling a
tank truck or railcar until flow to the control device ceases as
determined by the flow indicator.
Low-throughput transfer racks means those transfer racks that
transfer less
[[Page 24]]
than a total of 11.8 million liters per year (3.12 million gallons per
year) of liquid containing regulated material.
Major change to monitoring means a modification to federally
required monitoring that uses ``unproven technology or procedures'' (not
generally accepted by the scientific community) or is an entirely new
method (sometimes necessary when the required monitoring is unsuitable).
A major change to monitoring may be site-specific or may apply to one or
more source categories and will almost always set a national precedent.
Examples of major changes to monitoring include, but are not limited to:
(1) Use of a new monitoring approach developed to apply to a control
technology not contemplated in the applicable regulation in this part;
(2) Use of a predictive emission monitoring system (PEMS) in place
of a required continuous emission monitoring system (CEMS);
(3) Use of alternative calibration procedures that do not involve
calibration gases or test cells;
(4) Use of an analytical technology that differs from that specified
by a performance specification;
(5) Decreased monitoring frequency for a continuous emission
monitoring system, continuous opacity monitoring system, predictive
emission monitoring system, or continuous parameter monitoring system;
(6) Decreased monitoring frequency for a leak detection and repair
program; and
(7) Use of alternative averaging times for reporting purposes.
Major change to test method means a modification to a federally
enforceable test method that uses ``unproven technology or procedures''
(not generally accepted by the scientific community) or is an entirely
new method (sometimes necessary when the required test method is
unsuitable). A major change to a test method may be site-specific or may
apply to one or more source categories and will almost always set a
national precedent. In order to be approved, a major change must be
validated according to EPA Method 301 (40 CFR part 63, appendix A).
Examples of major changes to a test method include, but are not limited
to:
(1) Use of an unproven analytical finish;
(2) Use of a method developed to fill a test method gap;
(3) Use of a new test method developed to apply to a control
technology not contemplated in the applicable regulation in this part;
and
(4) Combining two or more sampling/analytical methods (at least one
unproven) into one for application to processes emitting multiple
pollutants.
Malfunction means any sudden, infrequent, and not reasonably
preventable failure of air pollution control equipment, monitoring
equipment, process equipment, or a process to operate in a normal or
usual manner. Failures that are caused in part by poor maintenance or
careless operation are not malfunctions. Malfunctions that do not affect
a regulated source or compliance with this part are not malfunctions for
purposes of this part.
Metallic shoe seal or mechanical shoe seal means metal sheets that
are held vertically against the wall of the storage vessel by springs,
weighted levers, or other mechanisms and connected to the floating roof
by braces or other means. A flexible coated fabric (envelope) spans the
annular space between the metal sheet and the floating roof.
Minor change to monitoring means:
(1) A modification to federally required monitoring that:
(i) Does not decrease the stringency of the compliance and
enforcement measures of the relevant standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation in this part for other
affected sources, does not set a national precedent, and individually
does not result in a revision to the monitoring requirements); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety concerns of
an affected source.
(2) Examples of minor changes to monitoring include, but are not
limited to:
(i) Modifications to a sampling procedure, such as use of an
improved sample conditioning system to reduce maintenance requirements;
(ii) Increased monitoring frequency; and
[[Page 25]]
(iii) Modification of the environmental shelter to moderate
temperature fluctuation and thus protect the analytical instrumentation.
Minor change to test method means:
(1) A modification to a federally enforceable test method that:
(i) Does not decrease the stringency of the emission limitation or
standard;
(ii) Has no national significance (e.g., does not affect
implementation of the applicable regulation in this part for other
affected sources, does not set a national precedent, and individually
does not result in a revision to the test method); and
(iii) Is site-specific, made to reflect or accommodate the
operational characteristics, physical constraints, or safety concerns of
an affected source.
(2) Examples of minor changes to a test method include, but are not
limited to:
(i) Field adjustments in a test method's sampling procedure, such as
a modified sampling traverse or location to avoid interference from an
obstruction in the stack, increasing the sampling time or volume, use of
additional impingers for a high moisture situation, accepting
particulate emission results for a test run that was conducted with a
lower than specified temperature, substitution of a material in the
sampling train that has been demonstrated to be more inert for the
sample matrix; and
(ii) Changes in recovery and analytical techniques such as a change
in quality control/quality assurance requirements needed to adjust for
analysis of a certain sample matrix.
Nonautomated monitoring and recording system means manual reading of
values measured by monitoring instruments and manual transcription of
those values to create a record. Nonautomated systems do not include
strip charts nor circular charts.
Nonrepairable means that it is technically infeasible to repair a
piece of equipment from which a leak has been detected without a process
unit shutdown.
One-hour period means the 60-minute period commencing on the hour.
Onsite or on-site means, with respect to records required to be
maintained by this part, that the records are stored at a location
within a plant site that encompasses the regulated source. Onsite
includes, but is not limited to, storage at the regulated source to
which the records pertain, or storage in central files elsewhere at the
plant site.
Open-ended valve or line means any valve except relief valves having
one side of the valve seat in contact with process fluid and one side
open to the atmosphere, either directly or through open piping.
Organic monitoring device means a device used to indicate the
concentration level of organic compounds based on a detection principle
such as infrared, photo ionization, or thermal conductivity.
Owner or operator means any person who owns, leases, operates,
controls, or supervises a regulated source or a stationary source of
which a regulated source is a part.
Part 70 permit means any permit issued, renewed, or revised pursuant
to part 70 of this chapter.
Performance test means the collection of data resulting from the
execution of a test method (usually three emission test runs) used to
demonstrate compliance with a relevant emission standard as specified in
the performance test section of the relevant standard.
Permit program means a comprehensive State operating permit system
established pursuant to title V of the Act (42 U.S.C. 7661) and
regulations codified in part 70 of this chapter and applicable State
regulations, or a comprehensive Federal operating permit system
established pursuant to title V of the Act and regulations codified in
part 71 of this chapter.
Permitting authority means one of the following:
(1) The State air pollution control agency, local agency, other
State agency, or other agency authorized by the Administrator to carry
out a permit program under part 70 of this chapter; or
(2) The Administrator, in the case of EPA-implemented permit
programs under title V of the Act (42 U.S.C. 7661) and part 71 of this
chapter.
Plant site means all contiguous or adjoining property that is under
common control, including properties that are
[[Page 26]]
separated only by a road or other public right-of-way. Common control
includes properties that are owned, leased, or operated by the same
entity, parent entity, subsidiary, or any combination thereof.
Polymerizing monomer means, for the purposes of this part, a
compound which may form polymer buildup in pump mechanical seals
resulting in rapid mechanical seal failure.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the relief
device. This release can be one release or a series of releases over a
short time period.
Pressure relief device or valve means a device used to prevent
operating pressures from exceeding the maximum allowable working
pressure of the process equipment. A common pressure relief device is a
spring-loaded pressure relief valve. Devices that are actuated either by
a pressure of less than or equal to 2.5 pounds per square inch gauge or
by a vacuum are not pressure relief devices.
Primary fuel means the fuel that provides the principal heat input
to the device. To be considered primary, the fuel must be able to
sustain operation without the addition of other fuels.
Process heater means an enclosed combustion device that transfers
heat liberated by burning fuel directly to process streams or to heat
transfer liquids other than water. A process heater may, as a secondary
function, heat water in unfired heat recovery sections.
Process unit means the equipment specified in the definitions of
process unit or chemical manufacturing process unit in the applicable
referencing subpart. If the referencing subpart does not define process
unit, then, for the purposes of this part, process unit means the
equipment assembled and connected by pipes or ducts to process raw
materials and to manufacture an intended product.
Process unit shutdown means a work practice or operational procedure
that stops production from a process unit or part of a process unit
during which it is technically feasible to clear process material from a
process unit or part of a process unit consistent with safety
constraints and during which repairs can be effected. An unscheduled
work practice or operational procedure that stops production from a
process unit or part of a process unit for less than 24 hours is not a
process unit shutdown. An unscheduled work practice or operational
procedure that would stop production from a process unit or part of a
process unit for a shorter period of time than would be required to
clear the process unit or part of the process unit of materials and
start up the unit, and would result in greater emissions than delay of
repair of leaking components until the next scheduled process unit
shutdown is not a process unit shutdown. The use of spare equipment and
technically feasible bypassing of equipment without stopping production
are not process unit shutdowns.
Process vent means a process vent or vent stream as they are defined
in the referencing subpart.
Recovery device means an individual unit of equipment capable of and
normally used for the purpose of recovering chemicals for fuel value
(i.e., net positive heating value), use, reuse, or for sale for fuel
value, use, or reuse. Equipment capable of and used for the purpose of
recovering chemicals, but not normally for use, reuse or sale, are not
recovery devices but are control devices. Examples of equipment that may
be recovery devices include absorbers, carbon adsorbers, condensers,
oil-water separators or organic-water separators, or organic removal
devices such as decanters, strippers, or thin-film evaporation units.
Reference method means any method of sampling and analyzing for an
air pollutant as specified in an applicable subpart, the appendices to
40 CFR part 60 or 63, or in appendix B of 40 CFR part 61.
Referencing subpart means 40 CFR part 60, subparts Ka, Kb, VV, DDD,
III, NNN, and RRR; 40 CFR part 61, subparts V, Y, and BB; and 40 CFR
part 63, subparts G and H.
Regulated material means, for the purposes of this part, the
material regulated by the specific referencing subpart, including
volatile organic liquids (VOL), volatile organic compounds (VOC),
organic hazardous air pollutants (HAP's), benzene, vinyl chloride,
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or other chemicals or groups of chemicals.
Regulated source means, for the purposes of this part, the
stationary source, the group of stationary sources, or the portion of a
stationary source that is regulated by a relevant standard or other
requirement established pursuant to this part, or 40 CFR part 60, 61, or
63.
Relief device or valve means a device or valve used only to release
an unplanned, nonroutine discharge. A relief device or valve discharge
can result from an operator error, a malfunction such as a power failure
or equipment failure, or other unexpected cause that requires immediate
venting of gas from process equipment in order to avoid safety hazards
or equipment damage.
Repaired means, for the purposes of subparts F and G of this part,
that equipment meets the following conditions:
(1) Is adjusted, or otherwise altered, to eliminate a leak as
defined in the applicable section of this part; and
(2) Unless otherwise specified in applicable provisions of this
part, is monitored as specified in Sec. 65.104(b) and Sec. 65.143(c) to
verify that emissions from the equipment are below the applicable leak
definition.
Routed to a process or route to a process means the emissions are
conveyed to any enclosed portion of a process unit where the emissions
are predominantly recycled and/or consumed in the same manner as a
material that fulfills the same function in the process and/or
transformed by chemical reaction into materials that are not regulated
materials and/or incorporated into a product; and/or recovered.
Run means one of a series of emission or other measurements needed
to determine emissions for a representative operating period or cycle as
specified in this part. Unless otherwise specified, a run may be either
intermittent or continuous within the limits of good engineering
practice.
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take nonroutine grab
samples is not considered a sampling connection system.
Secondary fuel means a fuel fired through a burner other than the
primary fuel burner that provides supplementary heat in addition to the
heat provided by the primary fuel.
Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow rate,
pH, or liquid level.
Set pressure means, for the purposes of subparts F and G of this
part, the pressure at which a properly operating pressure relief device
begins to open to relieve atypical process system operating pressure.
Shutdown means the cessation of operation of a regulated source (for
example, chemical manufacturing process unit or a reactor, air oxidation
reactor, distillation unit) and equipment required or used to comply
with this part, or the emptying and degassing of a storage vessel.
Shutdown is defined here for purposes including, but not limited to,
periodic maintenance, replacement of equipment, or repair. Shutdown does
not include the routine rinsing or washing of equipment in batch
operation between batches.
Simultaneous loading means, for a shared control device, loading of
regulated materials from more than one transfer arm at the same time so
that the beginning and ending times of loading cycles coincide or
overlap and there is no interruption in vapor flow to the shared control
device.
Single-seal system means, for the purposes of subpart C of this
part, a floating roof having one continuous seal. This seal may be a
vapor-mounted, liquid-mounted, or metallic shoe seal.
Specific gravity monitoring device means a unit of equipment used to
monitor specific gravity and having a minimum accuracy of [plusmn]0.02
specific gravity units.
Startup means the setting into operation of a regulated source (for
example, chemical manufacturing process unit or a reactor, air oxidation
reactor, distillation unit, a storage vessel after emptying and
degassing) and/or equipment required or used to comply with this part.
Startup includes initial startup, operation solely for testing
[[Page 28]]
equipment, the recharging of equipment in batch operation, and
transitional conditions due to changes in product for flexible operation
units.
State means all non-Federal authorities, including local agencies,
interstate associations, and statewide programs, that have delegated
authority to implement the provisions of this part; the referencing
subparts; and/or the permit program established under part 70 of this
chapter. The term State shall have its conventional meaning where clear
from the context.
Steam jet ejector means a steam nozzle that discharges a high-
velocity jet across a suction chamber that is connected to the equipment
to be evacuated.
Stuffing box pressure means the fluid (liquid or gas) pressure
inside the casing or housing of a piece of equipment, on the process
side of the inboard seal.
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a process
unit (as defined in the specific subpart that references this part) when
in-process storage, mixing, or management of flow rates or volumes is
needed to assist in production of a product.
Temperature monitoring device means a unit of equipment used to
monitor temperature and having a minimum accuracy of [plusmn]1 percent
of the temperature being monitored expressed in degrees Celsius or
[plusmn]1.2 degrees Celsius ( [deg]C), whichever is greater.
Title V permit means any permit issued, renewed, or revised pursuant
to Federal or State regulations established under 40 CFR part 70 or 71
to implement title V of the Act (42 U.S.C. 7661).
Total organic compounds or TOC means those compounds measured
according to the procedures specified in Sec. 65.64(c) and
Sec. 65.158(b)(3)(ii)(A), as applicable. Those compounds that the
Administrator has determined do not contribute appreciably to the
formation of ozone and that are specifically excluded from the
definition of volatile organic compound at 40 CFR 51.100(s), as amended,
are to be excluded for the purposes of measuring the hourly emission
rate as required in Sec. 65.64(f) for process vents subject to subpart
III, NNN, or RRR of part 60 of this chapter.
Total resource effectiveness index value or TRE index value means a
calculated value used to determine whether control is required for a
process vent. It is based on process vent flow rate, emission rate of
regulated material, net heating value, and corrosion properties
(halogenated compound content), as quantified by the equations given
under Sec. 65.64(h).
Vapor balancing system means a piping system that is designed to
collect regulated material vapors displaced from tank trucks or railcars
during loading and to route the collected regulated material vapors to
the storage vessel from which the liquid being loaded originated, or to
another storage vessel connected by a common header; or to compress and
route to a process or a fuel gas system the collected regulated material
vapors.
Vapor-mounted seal means a continuous seal that is mounted so that
there is a vapor space between the stored liquid and the bottom of the
seal.
Visible emission means the observation of an emission of opacity or
optical density above the threshold of vision.
Sec. 65.3 Compliance with standards and operation and maintenance requirements.
(a) Requirements. (1) Except as provided in paragraph (a)(2) of this
section, the emission standards and established parameter ranges of this
part shall apply at all times except during periods of startup, shutdown
(as defined in Sec. 65.2), malfunction, or nonoperation of the regulated
source (or specific portion thereof) resulting in cessation of the
emissions to which this part applies. However, if a startup, shutdown,
malfunction, or period of nonoperation of one portion of a regulated
source does not affect the ability of a particular emission point to
comply with the specific provisions to which it is subject, then that
emission point shall still be required to comply with the applicable
provisions of this part during the startup, shutdown, malfunction, or
period of nonoperation.
[[Page 29]]
For example, if there is an over pressure in the reactor area, a storage
vessel in a chemical manufacturing process unit would still be required
to be controlled in accordance with subpart C of this part. Similarly,
the degassing of a storage vessel would not affect the ability of a
process vent to meet the requirements of subpart D or G of this part.
(2) Sections 65.106 through 65.118 shall apply at all times except
during periods of startup or shutdown (as defined in Sec. 65.2),
malfunction, process unit shutdown (as defined in Sec. 65.2), or
nonoperation of the regulated source (or specific portion thereof) in
which the lines are drained and depressurized resulting in cessation of
the emissions to which subpart F of this part applies.
(3) During startups, shutdowns, and malfunctions when the emission
standards of this part do not apply pursuant to paragraphs (a)(1) and
(2) of this section, the owner or operator shall implement, to the
extent reasonably available, measures to prevent or minimize emissions
in excess of those that would have occurred if there were no startup,
shutdown, or malfunction and the owner or operator complied with the
relevant provisions of this part. The measures to be taken shall be
identified in the applicable startup, shutdown, and malfunction plan and
may include, but are not limited to, air pollution control technologies,
recovery technologies, work practices, pollution prevention, monitoring,
and/or changes in the manner of operation of the regulated source.
Backup control devices are not required but may be used if available.
This paragraph (a)(3) does not apply to Group 2A or Group 2B process
vents.
(4) Malfunctions shall be corrected as soon as practical after their
occurrence in accordance with the startup, shutdown, and malfunction
plan required in Sec. 65.6(a). This paragraph (a)(4) does not apply to
Group 2A or Group 2B process vents.
(5) Operation and maintenance requirements established pursuant to
section 112 of the Act are enforceable independent of emissions
limitations or other requirements in relevant standards.
(b) Compliance determination procedures.--(1) Parameter monitoring:
Compliance with operating conditions. The parameter monitoring data for
emission points that are required to perform continuous monitoring shall
be used to determine compliance with the required operating conditions
for the monitored control devices or recovery devices. For each
excursion, except for excused excursions and as provided for in
paragraph (b)(2) of this section, the owner or operator shall be deemed
to have failed to have applied the control in a manner that achieves the
required operating conditions. Excused excursions are provided for in
Sec. 65.156(d)(2).
(2) Parameter monitoring: Excursions. If the conditions of paragraph
(b)(2)(i) or (ii) of this section are met, an excursion is not a
violation and, in cases where continuous monitoring is required, the
excursion does not count toward the number of excused excursions.
Nothing in this paragraph (b)(2) shall be construed to allow or excuse a
monitoring parameter excursion caused by any activity that violates
other applicable provisions of this part.
(i) During periods of startup, shutdown, or malfunction (and the
source is operated during such periods in accordance with the source's
startup, shutdown, and malfunction plan as required by Sec. 65.6(a)), a
monitoring parameter is outside its established range or monitoring data
cannot be collected; or
(ii) During periods of nonoperation of the regulated source or
portion thereof (resulting in cessation of the emissions to which the
monitoring applies).
(3) Operation and maintenance procedures. Determination of whether
acceptable operation and maintenance procedures are being used will be
based on information available to the Administrator that may include,
but is not limited to, monitoring results, review of operation and
maintenance procedures (including the startup, shutdown, and malfunction
plan, if applicable, required in Sec. 65.6(a), as applicable), review of
operation and maintenance records, inspection of the regulated source,
and alternatives approved as specified in Sec. 65.7.
(4) Emissions standards. Paragraphs (b)(4)(i) and (ii) of this
section shall
[[Page 30]]
govern the use of data, tests, and requirements to determine compliance
with emissions standards. Paragraphs (b)(4)(i) and (ii) do not apply to
Group 2A or Group 2B process vents. Compliance with design, equipment,
work practice, and operational standards, including those for equipment
leaks, shall be determined according to paragraph (b)(5) of this
section.
(i) Performance test. The Administrator will determine compliance
with emission standards of this part based on the results of performance
tests conducted according to the procedures specified in subpart G of
this part, unless otherwise specified in a subpart of this part.
(ii) Operation and maintenance requirements. The Administrator will
determine compliance with emission standards of this part by evaluation
of an owner or operator's conformance with operation and maintenance
requirements, including the evaluation of monitoring data, as specified
in subparts of this part.
(5) Design, equipment, work practice, or operational standards.
Paragraphs (b)(5)(i) and (ii) do not apply to Group 2A or Group 2B
process vents.
(i) Records and inspection. The Administrator will determine
compliance with design, equipment, work practice, or operational
standards by review of records, inspection of the regulated source, and
other procedures specified in this part.
(ii) Operation and maintenance. The Administrator will determine
compliance with design, equipment, work practice, or operational
standards by evaluation of an owner or operator's conformance with
operation and maintenance requirements as specified in paragraph (a) of
this section, in other subparts of this part, and in applicable
provisions of Sec. 65.6(b).
(c) Finding of compliance. The Administrator will make a finding
concerning a regulated source's compliance with an emission standard,
design standard, work practice, operational standard or operating and
maintenance requirement as specified in paragraphs (a) and (b) of this
section upon obtaining all the compliance information required by the
relevant standard (including the written reports of performance test
results, monitoring results, and other information, if applicable) and
any information available to the Administrator needed to determine
whether proper operation and maintenance practices are being used.
Standards in this part and methods of determining compliance are given
in metric units followed by the equivalents in English units. The
Administrator will make findings of compliance with the standards of
this part using metric units.
(d) Compliance times. All terms that define a period of time for
completion of required tasks (for example, weekly, monthly, quarterly,
annually) unless specified otherwise in the section or paragraph that
imposes the requirement refer to the standard calendar periods.
(1) Notwithstanding time periods specified for completion of
required tasks, time periods may be changed by mutual agreement between
the owner or operator and the Administrator as specified in
Sec. 65.5(h)(3) (for example, a period could begin on the compliance
date or another date, rather than on the first day of the standard
calendar period). For each time period that is changed by agreement, the
revised period applies until it is changed. A new request is not
necessary for each recurring period.
(2) When the period specified for compliance is a standard calendar
period, if the initial compliance date occurs after the beginning of the
period, compliance shall be required according to the schedule specified
in the following paragraphs, as appropriate:
(i) Compliance shall be required before the end of the standard
calendar period within which the compliance deadline occurs if there
remain at least 3 days for tasks that must be performed weekly, at least
2 weeks for tasks that must be performed monthly, at least 1 month for
tasks that must be performed each quarter, or at least 3 months for
tasks that must be performed annually; or
(ii) In all other cases, compliance shall be required before the end
of the first full standard calendar period after the period within which
the initial compliance deadline occurs.
(3) In all instances where a provision requires completion of a task
during
[[Page 31]]
each of multiple successive periods, an owner or operator may perform
the required task at any time during the specified period provided the
task is conducted at a reasonable interval after completion of the task
during the previous period.
Sec. 65.4 Recordkeeping.
(a) Maintaining notifications, records, and reports. Except as
provided in paragraph (b) of this section, the owner or operator of each
regulated source subject to this part shall keep copies of
notifications, reports, and records required by this part for the length
of time specified in the following, as applicable:
(1) If an owner or operator is required to obtain or operate a
regulated source under a title V permit, then all applicable
notifications, reports, and records for that regulated source shall be
maintained for at least 5 years, except for the records required in
Sec. 65.47(b) for storage vessel capacity, Sec. 65.104(e)(2) for valve
and connector monitoring, and Sec. 65.163(d)(1) for closed vent system
design specifications.
(2) If an owner or operator is not required to obtain or operate a
regulated source under a title V permit, then all notifications,
reports, and records for that regulated source required by this part
shall be maintained for at least 2 years, except for the records
required in Sec. 65.47(b) for storage vessel capacity, Sec. 65.104(e)(2)
for valve and connector monitoring, and Sec. 65.163(d)(1) for closed
vent system design specifications.
(b) Copies of reports. If an owner or operator submits reports to
the applicable EPA Regional Office, the owner or operator is not
required to maintain copies of those reports. If the EPA Regional Office
has waived the requirement of Sec. 65.5(g)(1) for submittal of copies of
reports, the owner or operator is not required to maintain copies of the
waived reports. Paragraph (b) of this section applies only to reports
and not the underlying records which must be maintained as specified
throughout this part.
(c) Availability of records. All applicable records shall be
maintained in such a manner that they can be readily accessed and are
suitable for inspection as specified in the following:
(1) Except as specified in paragraph (c)(2) of this section, records
of the most recent 2 years shall be retained onsite or shall be
accessible to an inspector while onsite. The records of the remaining 3
years, where required, may be retained offsite.
(2) For sources referenced to this part from 40 CFR part 63, subpart
G or H, the most recent 6 months of records shall be retained on site or
shall be accessible to an inspector while onsite from a central location
by computer or other means that provides access within 2 hours after a
request. The remaining 4 and one-half years of records, where required,
may be retained offsite.
(3) Records specified in paragraph (c)(1) or (2) of this section may
be maintained in hard copy or computer-readable form including, but not
limited to, on paper, microfilm, computer, computer disk, magnetic tape,
or microfiche.
Sec. 65.5 Reporting requirements.
(a) Required reports. Each owner or operator of a regulated source
subject to this subpart shall submit the following reports, as
applicable:
(1) A Notification of Initial Startup described in paragraph (b) of
this section.
(2) An Initial Notification for Part 65 Applicability described in
paragraph (c) of this section.
(3) An Initial Compliance Status Report described in paragraph (d)
of this section.
(4) Periodic reports described in paragraph (e) of this section.
(5) Other reports shall be submitted as specified elsewhere in this
part.
(6) Startup, Shutdown, and Malfunction Reports described in
Sec. 65.6(c).
(b) Notification of Initial Startup. (1) Contents. Any owner or
operator of a regulated source which elects to comply with this part at
initial startup shall send the Administrator written notification of the
actual date of initial startup of a regulated source.
(2) Due date. The notification of the actual date of initial startup
shall be postmarked within 15 days after such date.
[[Page 32]]
(c) Initial Notification for Part 65 Applicability. Owners or
operators of regulated sources that have been subject to a 40 CFR part
60, 61, or 63 standard, and who wish to comply with this part, and who
are not operating the regulated source under an approved title V permit
shall notify the Administrator of their intent. The notice shall include
the information specified in paragraphs (c)(1) through (7) of this
section, as applicable, and may accompany the application for a
construction permit for the regulated source. This notification may be
waived by the Administrator.
(1) Identification of the storage vessels subject to subpart C of
this part.
(2) Identification of the process vents subject to subpart D of this
part, including process vent group status as specified in Sec. 65.62(a).
(3) Identification of the process vents subject to 40 CFR part 60,
subpart DDD, complying with requirements of subpart G of this part.
(4) Identification of the transfer racks subject to subpart E of
this part.
(5) For equipment leaks, identification of the process units subject
to subpart F of this part.
(6) The proposed implementation schedule specified in
Sec. 65.1(f)(1) for sources identified in paragraphs (c)(1) through (5)
of this section.
(7) Process unit identification. As an alternative to requirements
specified in paragraphs (c)(1) through (4) of this section, the process
units can be identified instead of the individual pieces of equipment.
For this alternative, the kind of emission point in the process unit
that will comply must also be identified.
(d) Initial Compliance Status Report--(1) Contents. The owner or
operator shall submit an Initial Compliance Status Report for each
regulated source subject to this part containing the information
specified in the subparts of this part. Unless the required information
has already been submitted under requirements of the applicable
referencing subpart, this information can be submitted as part of a
title V permit application or amendment.
(2) Due date. The owner or operator shall submit the Initial
Compliance Status Report for each regulated source within 240 days after
the applicable compliance date specified in the referencing subparts, or
within 60 days after the completion of the initial performance test or
initial compliance determination, whichever is earlier. Initial
compliance Status Reports may be combined for multiple regulated sources
as long as the due date requirements for all sources covered in the
combined report are met.
(e) Periodic reports. The owner or operator of a source subject to
monitoring requirements of this part or to other requirements of this
part where periodic reporting is specified, shall submit a periodic
report.
(1) Contents. Periodic reports shall include all information
specified in subparts of this part.
(2) Due date. The periodic report shall be submitted semiannually no
later than 60 calendar days after the end of each 6-month period. The
first report shall be submitted as specified in the following, as
applicable:
(i) The first report shall be submitted no later than the last day
of the month that includes the date 8 months after the date the source
became subject to this part or since the last part 60, 61, or 63
periodic report was submitted for the applicable requirement, whichever
is earlier.
(ii) For sources electing to comply with the CAR at initial startup,
the first report shall cover the 6 months after the Initial Compliance
Status Report is due. The first report shall be submitted no later than
the last day of the month that includes the date 8 months after the
Initial Compliance Status Report is due.
(3) Overlap with title V reports. Information required by this part,
which is submitted with a title V periodic report, need not also be
included in a subsequent periodic report required by this part. The
title V report shall be referenced in the periodic report required by
this part.
(f) General report content. All reports and notifications submitted
pursuant to this part, including reports that combine information from
this part and a referencing subpart, shall include the following
information:
[[Page 33]]
(1) The name, address, and telephone number (fax number may also be
provided) of the owner or operator.
(2) The name, address and telephone number of the person to whom
inquiries should be addressed, if different than the owner/operator.
(3) The address (physical location) of the reporting facility.
(4) Identification of each regulated source covered in the
submission and identification of which subparts (referencing subparts
and this part 65) options from this part are applicable to that
regulated source. Summaries and groupings of this information are
permitted.
(g) Report and notification submission--(1) Submission. All reports
and notifications required under this part shall be sent to the
Administrator at the appropriate EPA Regional Office and to the
delegated State authority, except that requests for permission to use an
alternative means of emission limitation as provided for in Sec. 65.8(a)
shall be submitted to the Director of the EPA Office of Air Quality
Planning and Standards, U.S. Environmental Protection Agency, MD-10,
Research Triangle Park, North Carolina, 27711. The EPA Regional Office
may waive the requirement to receive a copy of any reports or
notifications at its discretion.
(2) Submission of copies. If any State requires a notice that
contains all the information required in a report or notification listed
in this part, an owner or operator may send the appropriate EPA Regional
Office a copy of the report or notification sent to the State to satisfy
the requirements of this part for that report or notification.
(3) Method of submission. Wherever this subpart specifies
``postmark'' dates, submittals may be sent by methods other than the
U.S. Mail (for example, by fax or courier). Submittals shall be sent on
or before the specified date.
(4) Submission by electronic media. If acceptable to both the
Administrator and the owner or operator of a source, reports may be
submitted on electronic media.
(h) Adjustment to timing of submittals and review of required
communications--(1) Alignment with title V submission. An owner or
operator may submit periodic reports required by this part on the same
schedule as the title V periodic report for the facility. The owner or
operator using this option need not obtain prior approval, but must
assure no reporting gaps from the last periodic report for the relevant
standards. The owner or operator shall clearly identify the change in
reporting schedule in the first report filed under paragraph (h) of this
section. The requirements of paragraph (e) of this section are not
waived when implementing this change.
(2) Request for adjustment. An owner or operator may arrange by
mutual agreement (which may be a standing agreement) with the
Administrator a common schedule on which periodic reports required by
this part shall be submitted throughout the year as long as the
reporting period is not extended. An owner or operator who wishes to
request a change in a time period or postmark deadline for a particular
requirement shall request the adjustment in writing as soon as practical
before the subject activity is required to take place. The owner or
operator shall include in the request whatever information he or she
considers useful to convince the Administrator that an adjustment is
warranted. A request for a change to the periodic reporting schedule
need only be made once for every schedule change and not once for every
semiannual report submitted.
(3) Approval of request for adjustment. If, in the Administrator's
judgment, an owner or operator's request for an adjustment to a
particular time period or postmark deadline is warranted, the
Administrator will approve the adjustment. The Administrator will notify
the owner or operator in writing of approval or disapproval of the
request for an adjustment within 15 calendar days of receiving
sufficient information to evaluate the request.
(4) Notification of delay. If the Administrator is unable to meet a
specified deadline, the owner or operator will be notified of any
significant delay and informed of the amended schedule.
(i) Unless already submitted in a previous report, an owner or
operator shall report in a title V permit application or as otherwise
specified by the permitting authority, the information listed in
paragraphs (i)(1) through (5) of this section. This information shall be
[[Page 34]]
submitted to the Administrator if the regulated source is not a title V
source.
(1) A list designating each emission point complying with subparts C
through G of this part and whether each process vent is Group 1, Group
2A, or Group 2B.
(2) The control technology or method of compliance that will be
applied to each emission point.
(3) A statement that the compliance demonstration, monitoring,
inspection, recordkeeping, and reporting provisions in subparts C
through G of this part that are applicable to each emission point will
be implemented beginning on the date of compliance as specified in the
referencing subpart.
(4) The monitoring information in Sec. 65.162(e) if, for any
emission point, the owner or operator of a source seeks to comply
through use of a control technique other than those for which monitoring
parameters are specified in Secs. 65.148 through 65.154.
(5) Any requests for alternatives to the continuous operating
parameter monitoring and recordkeeping provisions, as specified in
Sec. 65.162(d).
Sec. 65.6 Startup, shutdown, and malfunction plan and procedures.
(a) Paragraphs (b) and (c) of this section do not apply to Group 2A
or Group 2B process vents.
(b) Startup, shutdown, and malfunction plan. (1) Description and
purpose of plan. The owner or operator of a regulated source shall
develop and implement a written startup, shutdown, and malfunction plan
that describes, in detail, procedures for operating and maintaining the
regulated source during periods of startup, shutdown, and malfunction
and a program of corrective action for malfunctioning process and air
pollution control equipment used to comply with the relevant standard.
The plan shall also address routine or otherwise predictable CPMS
malfunctions. This plan shall be developed by the owner or operator by
the regulated source's implementation date as specified in Sec. 65.1(f),
or for sources referenced from 40 CFR part 63, subpart F, by the
compliance date specified in that subpart. The requirement to develop
and implement this plan shall be incorporated into the source's title V
permit. This requirement is optional for equipment that must comply with
subpart F of this part. It is not optional for equipment equipped with a
closed vent system and control device subject to subpart G of this part.
The purposes of the startup, shutdown, and malfunction plan are
described in the following:
(i) To ensure that owners or operators are prepared to correct
malfunctions as soon as practical after their occurrence in order to
minimize excess emissions of regulated material (excess emissions are
defined in Sec. 65.3(a)(4)); and
(ii) To reduce the reporting burden associated with periods of
startup, shutdown, and malfunction (including corrective action taken to
restore malfunctioning process and air pollution control equipment to
its normal or usual manner of operation).
(2) Operation of source. During periods of startup, shutdown, and
malfunction, the owner or operator of a regulated source shall operate
and maintain such source (including associated air pollution control
equipment and CPMS) in accordance with the procedures specified in the
startup, shutdown, and malfunction plan developed under paragraph (b)(1)
of this section.
(3) Use of additional procedures. To satisfy the requirements of
this section to develop a startup, shutdown, and malfunction plan, the
owner or operator may use the regulated source's standard operating
procedures (SOP) manual, or an Occupational Safety and Health
Administration (OSHA) or other plan, provided the alternative plans meet
all the requirements of this section and are made available for
inspection when requested by the Administrator.
(4) Revisions to the plan. Based on the results of a determination
made under Sec. 65.3(b)(3), the Administrator may require that an owner
or operator of a regulated source make changes to the startup, shutdown,
and malfunction plan for that source. The Administrator may require
reasonable revisions to a startup, shutdown, and malfunction plan, if
the Administrator finds that the plan is inadequate as specified in the
following:
(i) Does not address a startup, shutdown, and malfunction event of
the
[[Page 35]]
CPMS, the air pollution control equipment, or the regulated source that
has occurred; or
(ii) Fails to provide for the operation of the regulated source
(including associated air pollution control equipment and CPMS) during a
startup, shutdown, and malfunction event in a manner consistent with
good air pollution control practices for minimizing emissions to the
extent practical; or
(iii) Does not provide adequate procedures for correcting
malfunctioning process and/or air pollution control equipment as quickly
as practicable; or
(iv) Does not provide adequate measures to prevent or minimize
excess emissions to the extent practical as specified and defined in
Sec. 65.3(a)(4).
(5) Additional malfunction plan requirements. If the startup,
shutdown, and malfunction plan fails to address or inadequately
addresses an event that meets the characteristics of a malfunction but
was not included in the startup, shutdown, and malfunction plan at the
time the owner or operator developed the plan, the owner or operator
shall revise the startup, shutdown, and malfunction plan within 45 days
after the event to include detailed procedures for operating and
maintaining the regulated source during similar malfunction events, and
a program of corrective action for similar malfunctions of process or
air pollution control equipment or CPMS.
(6) Retain plan on site. The current plan must be kept on site at
all times.
(c) Periodic startup, shutdown, and malfunction reports. During the
reporting period, reports shall only be required for startup, shutdown,
and malfunction during which excess emissions as defined in
Sec. 65.3(a)(4) occur. A startup, shutdown, and malfunction report can
be submitted as part of a periodic report required under Sec. 65.5(e),
or on a more frequent basis if specified otherwise in a relevant
standard or as established otherwise by the permitting authority in the
source's title V permit. The startup, shutdown, and malfunction report
shall be delivered or postmarked by the 30th day following the end of
each calendar half (or other calendar reporting period, as appropriate),
unless the information is submitted with the periodic report. The report
shall include the following information, as appropriate:
(1) The name, title, and signature of the owner or operator or other
responsible official certifying its accuracy.
(2) The number of startup, shutdown, malfunction events and the
total duration of all periods of startup, shutdown, and malfunction for
the reporting period.
(3) If actions taken by an owner or operator during a startup,
shutdown, and malfunction of a regulated source, or of a control device
or monitoring system required for compliance (including actions taken to
correct a malfunction) are consistent with the procedures specified in
the source's startup, shutdown, and malfunction plan, then the owner or
operator shall state such information in a startup, shutdown, and
malfunction report.
(4) If at any time an action taken by an owner or operator, during a
startup, shutdown, or malfunction (including actions taken to correct a
malfunction) during which excess emissions occur, as defined in
Sec. 65.3(a)(4), is not consistent with the procedures specified in the
regulated source's startup, shutdown, and malfunction plan, the owner or
operator shall report the actions taken for that event as part of the
periodic report. The report shall explain the circumstances of the
event, the reasons for not following the startup, shutdown, and
malfunction plan, and whether any excess emissions and/or parameter
monitoring exceedances are believed to have occurred.
Sec. 65.7 Monitoring, recordkeeping, and reporting waivers and alternatives.
(a) Waiver of recordkeeping or reporting requirements.--(1) Waiver
application. The owner or operator may apply for a waiver from
recordkeeping or reporting requirements if the regulated source is
achieving the relevant standard(s), or the source is operating under an
extension of compliance under 40 CFR 63.6(i), or a waiver of compliance
under 40 CFR 61.10(b), or the owner or operator has requested an
extension or waiver of compliance and the Administrator is still
considering that request. The waiver application shall be submitted in
writing to the Administrator.
[[Page 36]]
(2) Extension of compliance request. If an application for a waiver
of recordkeeping or reporting is made, the application shall accompany
the request for an extension of compliance under 40 CFR 63.6(i) or the
request for a waiver of compliance under 40 CFR 61.10(b), any required
compliance progress report or compliance status report required in the
source's title V permit application or a permit modification
application, or a periodic report required under this part, whichever is
applicable. The application shall include whatever information the owner
or operator considers useful to convince the Administrator that a waiver
of recordkeeping or reporting is warranted.
(3) Approval or denial of waiver. The Administrator will approve or
deny a request for a waiver of recordkeeping or reporting requirements
when performing one of the following actions:
(i) Approves or denies an extension of compliance under 40 CFR
63.6(i) or a waiver of compliance under 40 CFR 61.10(b); or
(ii) Makes a determination of compliance following the submission of
a required compliance status report or periodic report; or
(iii) Makes a determination of suitable progress toward compliance
following the submission of a compliance progress report, whichever is
applicable.
(4) Waiver conditions. A waiver of any recordkeeping or reporting
requirement granted under this paragraph (a) may be conditioned on other
recordkeeping or reporting requirements deemed necessary by the
Administrator.
(5) Waiver cancellation. Approval of any waiver granted under this
section shall not abrogate the Administrator's authority under the Act
or in any way prohibit the Administrator from later canceling the
waiver. The cancellation will be made only after notice is given to the
owner or operator of the regulated source.
(b) Requests for approval of alternative monitoring or
recordkeeping. An owner or operator may submit a written request for
approval to use alternatives to the monitoring or recordkeeping
provisions of this part. For process vents and transfer racks, except
low-throughput transfer racks, the provisions in paragraph (c) of this
section shall govern the review and approval of requests. In addition,
the application shall include information justifying the owner or
operator's request for an alternative monitoring or recordkeeping
method, such as the technical or economic infeasibility, or the
impracticality, of the regulated source using the required method. For
storage vessels and low throughput transfer racks, owners and operators
shall comply with the requirements of Sec. 65.145(b) for preparing and
submitting a design evaluation. For equipment leaks, owners and
operators shall comply with the recordkeeping requirements of
Sec. 65.163(d).
(c) Approval or denial of request to use alternative monitoring or
recordkeeping. The Administrator will notify the owner or operator of
approval or intention to deny approval of the request to use an
alternative monitoring or recordkeeping method within 90 calendar days
after receipt of the original request and within 30 calendar days after
receipt of any supplementary information that is submitted. Before
disapproving any request to use an alternative method, the Administrator
will notify the applicant of the Administrator's intention to disapprove
the request together with the following:
(1) Notice of the information and findings on which the intended
disapproval is based; and
(2) Notice of opportunity for the owner or operator to present
additional information to the Administrator before final action on the
request. At the time the Administrator notifies the applicant of the
intention to disapprove the request, the Administrator will specify how
much time the owner or operator will have after being notified of the
intended disapproval to submit the additional information.
(d) Use of an alternative monitoring or recordkeeping method. (1)
The owner or operator of a regulated source is subject to the monitoring
and recordkeeping requirements of the relevant standard unless
permission to use an alternative monitoring or recordkeeping method
requested under paragraph (b) of this section or Sec. 65.162(d) has been
granted by the Administrator.
[[Page 37]]
Once an alternative is approved, the owner or operator shall use the
alternative for the emission points or regulated sources cited in the
approval and shall meet the monitoring and recordkeeping requirements of
the relevant standard for all other emission points or regulated
sources.
(2) If the Administrator approves the use of an alternative
monitoring or recordkeeping method for a regulated source under
paragraph (c) of this section, the owner or operator of such source
shall continue to use the alternative monitoring or recordkeeping method
unless he or she receives approval from the Administrator to use another
method.
(3) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative monitoring or recordkeeping method,
requirement, or procedure, the Administrator may require the use of a
method, requirement, or procedure specified in the relevant standard. If
the results of the specified and alternative methods, requirements, or
procedures do not agree, the results obtained by the specified method,
requirement, or procedure shall prevail.
Sec. 65.8 Procedures for approval of alternative means of emission limitation.
(a) Alternative means of emission limitation. An owner or operator
may request a determination of equivalence for an alternative means of
emission limitation to the requirements of design, equipment, work
practice, or operational standards of this part. If, in the judgment of
the Administrator, an alternative means of emission limitation will
achieve a reduction in regulated material emissions at least equivalent
to the reduction in emissions from that source achieved under any
design, equipment, work practice, or operational standards (but not
performance standards) in this part, the Administrator will publish in
the Federal Register a notice permitting the use of the alternative
means for purposes of compliance with that requirement.
(1) The notice may condition the permission on requirements related
to the operation and maintenance of the alternative means.
(2) Any such notice shall be published only after public notice and
an opportunity for a hearing.
(b) Content of submittal. (1) In order to obtain approval, any
person seeking permission to use an alternative means of compliance
under this section shall collect, verify, and submit to the
Administrator information showing that the alternative means achieves
equivalent emission reductions. An owner or operator seeking permission
to use an alternative means of compliance who has not previously
performed testing shall also submit a proposed test plan. If the owner
or operator seeks permission to use an alternative means of compliance
based on previously performed testing, they shall submit the results of
that testing, a description of the procedures followed in testing or
monitoring, and a description of pertinent conditions during testing or
monitoring.
(2) The owner or operator who requests an alternative means of
emission limitation shall submit a description of the proposed testing,
monitoring, recordkeeping, and reporting that will be used and the
proposed basis for demonstrating compliance.
(3) For storage vessels, the owner or operator shall include the
results of actual emissions tests using full-size or scale-model storage
vessels that accurately collect and measure all regulated material
emissions using a given control technique, and that accurately simulate
wind and account for other emission variables such as temperature and
barometric pressure, or an engineering analysis that the Administrator
determines is an accurate method of determining equivalence.
(4) For proposed alternatives to equipment leak requirements, the
owner or operator shall also submit the information and meet the
requirements for alternative means of emission limitation specified in
Sec. 65.102(b) (alternative means of emission limitation).
(c) Manufacturers of equipment used to control equipment leaks of a
regulated material may request a determination of equivalence for an
alternative means of emission limitation for equipment leaks, as
specified in Sec. 65.102(c).
[[Page 38]]
(d) Compliance. If the Administrator makes a determination that a
means of emission limitation is a permissible alternative to the
requirements of design, equipment, work practice, or operational
standards of this part, the owner or operator shall either comply with
the alternative or comply with the requirements of this part.
Sec. 65.9 Availability of information and confidentiality.
(a) Availability of information. The availability to the public of
information provided to, or otherwise obtained by, the Administrator
under this part shall be governed by part 2 of this chapter. With the
exception of information protected under part 2 of this chapter, all
reports, records, and other information collected by the Administrator
under this part are available to the public. In addition, a copy of each
permit application, compliance plan (including the schedule of
compliance), initial compliance status report, periodic report, and
title V permit is available to the public, consistent with protections
recognized in section 503(e) of the Act.
(b) Confidentiality. (1) If an owner or operator is required to
submit information entitled to protection from disclosure under section
114(c) of the Act, the owner or operator may submit such information
separately. The requirements of section 114(c) shall apply to such
information.
(2) The contents of a title V permit shall not be entitled to
protection under section 114(c) of the Act; however, information
submitted as part of an application for a title V permit may be entitled
to protection from disclosure.
Sec. 65.10 State authority.
(a) The provisions of this part shall not be construed in any manner
to preclude any State or political subdivision thereof from adopting and
enforcing any emission standard or limitation applicable to a regulated
source, provided that such standard, limitation, prohibition, or other
regulation is not less stringent than the standard applicable to such a
regulated source.
(b) The provisions of this part shall not be construed in any manner
to preclude any State or political subdivision thereof from requiring
the owner or operator of a regulated source to obtain permits, licenses,
or approvals prior to initiating construction, modification, or
operation of such a regulated source.
Sec. 65.11 Circumvention and prohibited activities.
(a) Circumvention. (1) No owner or operator subject to the
provisions of this part shall build, erect, install, or use any article,
machine, equipment, or process to conceal an emission that would
otherwise constitute noncompliance with a relevant standard. Such
concealment includes, but is not limited to, the following:
(1) The use of diluents to achieve compliance with a relevant
standard based on the concentration of a pollutant in the effluent
discharged to the atmosphere; and
(2) The fragmentation of an operation for the purpose of avoiding
regulation by a relevant standard.
(b) Prohibited activities. (1) No owner or operator subject to the
provisions of this part shall operate any regulated source in violation
of the requirements of this part except under the following provisions:
(i) An extension or waiver of compliance granted by the
Administrator under an applicable part; or
(ii) An extension of compliance granted under an applicable part by
a State with an approved permit program; or
(iii) An exemption from compliance granted by the President under
section 112(i)(4) of the Act.
(2) After the effective date of an approved permit program in a
State, no owner or operator of a regulated source in that State who is
required under an applicable part to obtain a title V permit shall
operate such source except in compliance with the provisions of this
part and the applicable requirements of the permit program in that
State.
(3) An owner or operator of a regulated source who is subject to an
emission standard promulgated under this part or a referencing part
shall comply with the requirements of that standard
[[Page 39]]
by the date(s) established in the applicable subpart(s) (including this
subpart) regardless of whether the following criteria are met:
(i) A title V permit has been issued to that source; or
(ii) If a title V permit has been issued to that source, whether
such permit has been revised or modified to incorporate the emission
standard.
(c) Severability. Notwithstanding any requirement incorporated into
a title V permit obtained by an owner or operator subject to the
provisions of this part, the provisions of this part are federally
enforceable.
Sec. 65.12 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under sections 111(c) and 112(l) of the Act, the authorities
contained in paragraph (b) of this section shall be retained by the
Administrator and not transferred to a State.
(b) Authorities that will not be delegated to States: Secs. 65.8,
65.46, 65.102, 65.156(b)(l)(ii), and 65.158(a)(2)(ii).
Sec. 65.13 Incorporation by reference.
(a) The materials listed in this section are incorporated by
reference in the corresponding sections noted. These incorporations by
reference were approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are
incorporated as they exist on the date of the approval, and notice of
any change in these materials will be published in the Federal Register.
The materials are available for purchase at the corresponding addresses
noted in paragraph (b) of this section, and all are available for
inspection at the Office of the Federal Register, 800 North Capitol
Street, NW, Suite 700, Washington, DC; at the Air and Radiation Docket
and Information Center, U.S. EPA, 401 M Street, SW., Washington, DC; and
at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North
Carolina.
(b) The materials listed in this paragraph (b) are available for
purchase from at least one of the following addresses: American Society
for Testing and Materials (ASTM), 1916 Race Street, Philadelphia,
Pennsylvania 19103; or University Microfilms International, 300 North
Zeeb Road, Ann Arbor, Michigan 48106.
(1) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by
Gas Chromatography, IBR approved December 14, 2000 for Secs. 65.64(e)(2)
and 65.147(a)(4)(i) and (b)(3)(ii).
(2) ASTM D2382-76, Standard Test Method for Heat of Combustion of
Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method). IBR
approved December 14, 2000 for Secs. 65.64(e)(1) and 65.147(b)(3)(ii).
Sec. 65.14 Addresses.
(a) All requests, reports, applications, notifications, and other
communications submitted pursuant to this part, except as specified
under Sec. 65.5(g)(1), shall be sent to the Administrator at the
appropriate EPA Regional Office indicated in the following list:
Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont), Director, Air Management Division, U.S. Environmental
Protection Agency, John F. Kennedy Federal Building, Boston,
Massachusetts 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands),
Director, Air and Waste Management Division, U.S. Environmental
Protection Agency, 290 Broadway, New York, New York 10007.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia), Director, Air and Waste Management Division,
U.S. Environmental Protection Agency, 841 Chestnut Building,
Philadelphia, Pennsylvania 19107.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee), Director, Air and Waste Management
Division, U.S. Environmental Protection Agency, 61 Forsyth Street,
Atlanta, Georgia 30303.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin),
Director, Air Management Division, U.S. Environmental Protection Agency,
77 West Jackson Boulevard, Chicago, Illinois 60604-3507.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas);
Director; Compliance Assurance and Enforcement Division; U.S.
Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and
Toxics Division, U.S. Environmental Protection Agency, 726 Minnesota
Avenue, Kansas City, Kansas 66101.
[[Page 40]]
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming), Director, Air and Waste Management Division, U.S.
Environmental Protection Agency, 999 18th Street, Suite 500, Denver,
Colorado 80295.
Region IX (American Samoa, Arizona, California, Guam, Hawaii,
Nevada), Director, Air and Waste Management Division, U.S. Environmental
Protection Agency, 75 Hawthorne Street, San Francisco, California 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and
Waste Management Division, U.S. Environmental Protection Agency, 1200
Sixth Avenue, Seattle, Washington 98101.
(b) All information required to be submitted to the Administrator
under this part shall also be submitted to the appropriate State agency
of any State to which authority has been delegated under section 112(l)
of the Act. The mailing addresses for State agencies are listed as
follows:
(1) Alabama. Air Pollution Control Division, Air Pollution Control
Commission, 645 S. McDonough Street, Montgomery, Alabama 36104.
(2) Alaska. Department of Environmental Conservation, 3220 Hospital
Drive, Juneau, Alaska 99811.
(3) Arizona. Arizona Department of Health Services, 1740 West Adams
Street, Phoenix, Arizona 85007.
(4) Arkansas. Chief, Division of Air Pollution Control, Arkansas
Department of Pollution Control and Ecology, 8001 National Drive, P.O.
Box 9583, Little Rock, Arkansas 72209.
(5) California. (i) Amador County Air Pollution Control District,
P.O. Box 430, 810 Court Street, Jackson, California 95642.
(ii) Bay Area Air Pollution Control District, 939 Ellis Street, San
Francisco, California 94109.
(iii) Butte County Air Pollution Control District, P.O. Box 1229,
316 Nelson Avenue, Oroville, California 95965.
(iv) Calaveras County Air Pollution Control District, Government
Center, El Dorado Road, San Andreas, California 95249.
(v) Camino del Rimedio, Santa Barbara, California 93110.
(vi) Colusa County Air Pollution Control District, 751 Fremont
Street, Colusa, California 95952.
(vii) El Dorado Air Pollution Control District, 330 Fair Lane,
Placerville, California 95667.
(viii) Fresno County Air Pollution Control District, 1221 Fulton
Mall, Fresno, California 93721.
(ix) Glenn County Air Pollution Control District, P.O. Box 351, 720
North Colusa Street, Willows, California 95988.
(x) Great Basin Unified Air Pollution Control District, 157 Short
Street, suite 6, Bishop, California 93514.
(xi) Imperial County Air Pollution Control District, County Services
Building, 939 West Main Street, El Centro, California 92243.
(xii) Kern County Air Pollution Control District, 1601 H Street,
suite 250, Bakersfield, California 93301.
(xiii) Kings County Air Pollution Control District, 330 Campus
Drive, Hanford, California 93230.
(xiv) Lake County Air Pollution Control District, 255 North Forbes
Street, Lakeport, California 95453.
(xv) Lassen County Air Pollution Control District, 175 Russell
Avenue, Susanville, California 96130.
(xvi) Madera County Air Pollution Control District, 135 West
Yosemite Avenue, Madera, California 93637.
(xvii) Mariposa County Air Pollution Control District, Box 5,
Mariposa, California 95338.
(xviii) Mendocino County Air Pollution Control District, County
Courthouse, Ukiah, California 94582.
(xix) Merced County Air Pollution Control District, P.O. Box 471,
240 East 15th Street, Merced, California 95340.
(xx) Modoc County Air Pollution Control District, 202 West 4th
Street, Alturas, California 96101.
(xxi) Monterey Bay Unified Air Pollution Control, 1164 Monroe
Street, Suite 10, Salinas, California 93906.
(xxii) Nevada County Air Pollution Control District, H.E.W. Complex,
Nevada City, California 95959.
(xxiii) North Coast Unified Air Quality Management District, 5630
South Broadway, Eureka California 95501.
(xxiv) Northern Sonoma County Air Pollution Control District, 134
``A'' Avenue, Auburn, California 95448.
(xxv) Placer County Air Pollution Control District, 11491 ``B''
Avenue, Auburn, California 95603.
[[Page 41]]
(xxvi) Shasta County Air Pollution Control District, 2650 Hospital
Lane, Redding, California 96001.
(xxvii) Sierra County Air Pollution Control District, P.O. Box 286,
Downieville, California 95936.
(xxviii) Siskiyou County Air Pollution Control District, 525 South
Foothill Drive, Yreka, California 96097.
(xxix) South Coast Air Quality Management District, 9150 Flair
Drive, El Monte, California 91731.
(xxx) Stanislaus County Air Pollution Control District, 1030 Scenic
Drive, Modesto, California 95350.
(xxxi) Sutter County Air Pollution Control District, Sutter County
Office Building, 142 Garden Highway, Yuba City, California 95991.
(xxxii) Tehama County Air Pollution Control District, P.O. Box 38,
1760 Walnut Street, Red Bluff, California 96080.
(xxxiii) Tulare County Air Pollution Control District, County Civic
Center, Visalia, California 93277.
(xxxiv) Tuolumne County Air Pollution Control District, 9 North
Washington Street, Sonora, California 95370.
(xxxv) Ventura County Air Pollution Control District, 800 South
Victoria Avenue, Ventura, California 93009.
(xxxvi) Yolo-Solano Air Pollution Control District, P.O. Box 1006,
323 First Street, i5, Woodland, California 95695.
(6) Colorado. Department of Health, Air Pollution Control Division,
4210 East 11th Avenue, Denver, Colorado 80220.
(7) Connecticut. Bureau of Air Management, Department of
Environmental Protection, State Office Building, 165 Capitol Avenue,
Hartford, Connecticut 06106.
(8) Delaware. Delaware Department of Natural Resources and
Environmental Control, Tatnall Building, P.O. Box 1401, Dover, Delaware
19901.
(9) Florida. Florida Bureau of Air Quality Management, Department of
Environmental Regulation, Twin Towers Office Building, 2600 Blair Stone
Road, Tallahassee, Florida 32301.
(10) Georgia. Environmental Protection Division, Department of
Natural Resources, 270 Washington Street, SW., Atlanta, Georgia 30334.
(11) Hawaii. (i) Hawaii Department of Health, 1250 Punchbowl Street,
Honolulu, Hawaii 96813.
(ii) Hawaii Department of Health (mailing address), Post Office Box
3378, Honolulu, Hawaii 96801.
(12) Idaho. Idaho Division of Environmental Quality 601 Pole Line
Rd. Ste. 2 Twin Falls, Idaho 83301.
(13) Illinois. Illinois Environmental Protection Agency--Bureau of
Air 1340 North Ninth St., Springfield Illinois 62702 1021 North Grand
Avenue East (mailing address) P.O. Box 19276 62794-9276.
(14) Indiana. Indiana Department of Environmental Management, 105
South Meridian Street, P.O. Box 6015, Indianapolis, Indiana 46206.
(15) Iowa. Iowa Department of Natural Resources, Environmental
Protection Division, Henry A. Wallace Building, 900 East Grand, Des
Moines, Iowa 50319.
(16) Kansas. Kansas Department of Health and Environment, Bureau of
Air Quality and Radiation Control, Forbes Field, Topeka, Kansas 66620.
(17) Kentucky. Kentucky Division of Air Pollution Control,
Department for Natural Resources and Environmental Protection, U.S. 127,
Frankfort, Kentucky 40601.
(18) Louisiana. Program Administrator, Air Quality Division,
Louisiana Department of Environmental Quality, P.O. Box 44096, Baton
Rouge, Louisiana 70804.
(19) Maine. Bureau of Air Quality Control, Department of
Environmental Protection, State House, Station No. 17, Augusta, Maine
04333.
(20) Maryland. Bureau of Air Quality and Noise Control, Maryland
State Department of Health and Mental Hygiene, 201 West Preston Street,
Baltimore, Maryland 21201.
(21) Massachusetts. Division of Air Quality Control, Department of
Environmental Protection, One Winter Street, 7th floor, Boston,
Massachusetts 02108.
(22) Michigan. Air Pollution Control Division, Michigan Department
of Natural Resources, Stevens T. Mason Building, 8th Floor, Lansing,
Michigan 48926.
[[Page 42]]
(23) Minnesota. Minnesota Pollution Control Agency, Division of Air
Quality, 520 Lafayette Road, St. Paul, Minnesota 55155.
(24) Mississippi. Bureau of Pollution Control, Department of Natural
Resources, P.O. Box 10385, Jackson, Mississippi 39209.
(25) Missouri. Missouri Department of Natural Resources, Division of
Environmental Quality, P.O. Box 176, Jefferson City, Missouri 65102.
(26) Montana. Department of Health and Environmental Services, Air
Quality Bureau, Cogswell Building, Helena, Montana 59601.
(27) Nebraska. Nebraska Department of Environmental Control, P.O.
Box 94877, State House Station, Lincoln, Nebraska 68509.
(28) Nevada. Nevada Department of Conservation and Natural
Resources, Division of Environmental Protection, 201 South Fall Street,
Carson City, Nevada 89710.
(29) New Hampshire. Air Resources Division, Department of
Environmental Services, 64 North Main Street, Caller Box 2033, Concord,
New Hampshire 03302-2033.
(30) New Jersey. New Jersey Department of Environmental Protection,
John Fitch Plaza, P.O. Box 2807, Trenton, New Jersey 08625.
(31) New Mexico. Director, New Mexico Environmental Improvement
Division, Health and Environment Department, 1190 St. Francis Drive,
Santa Fe, New Mexico 87503.
(32) New York. New York State Department of Environmental
Conservation, 50 Wolf Road, Albany, New York 12233, Attention: Division
of Air Resources.
(33) North Carolina. North Carolina Environmental Management
Commission, Department of Environment and Natural Resources, Division of
Air Quality, P.O. Box 29580, Raleigh, North Carolina 27626-0580.
(34) North Dakota. State Department of Health and Consolidated
Laboratories, Division of Environmental Engineering, State Capitol,
Bismarck, North Dakota 58505.
(35) Ohio. Ohio Environmental Protection Agency, Central District
Office, Air Pollution Unit, P.O. Box 1049, Columbus, Ohio 43266-0149.
(36) Oklahoma. Oklahoma State Department of Health, Air Quality
Service, P.O. Box 53551, Oklahoma City, Oklahoma 73152.
(37) Oregon. Department of Environmental Quality, Yeon Building, 522
SW. Fifth, Portland, Oregon 97204.
(38) Pennsylvania. Department of Environmental Resources, Post
Office Box 2063, Harrisburg, Pennsylvania 17120.
(39) Rhode Island. Division of Air and Hazardous Materials,
Department of Environmental Management, 291 Promenade Street,
Providence, Rhode Island 02908.
(40) South Carolina. Office of Environmental Quality Control,
Department of Health and Environmental Control, 2600 Bull Street,
Columbia, South Carolina 29201.
(41) South Dakota. Department of Water and Natural Resources, Office
of Air Quality and Solid Waste, Joe Foss Building, 523 East Capitol,
Pierre, South Dakota 57501-3181.
(42) Tennessee. Division of Air Pollution Control, Tennessee
Department of Public Health, 256 Capitol Hill Building, Nashville,
Tennessee 37219.
(43) Texas. Texas Natural Resource Conservation Commission, P.O. Box
13087, Austin, Texas 78711-3087.
(44) Utah. Department of Health, Bureau of Air Quality, 288 North
1460 West, P.O. Box 16690, Salt Lake City, Utah 84116-0690.
(45) Vermont. Air Pollution Control Division, Agency of Natural
Resources, Building 3 South, 103 South Main Street, Waterbury, Vermont
05676.
(46) Virginia. Virginia State Air Pollution Control Board, Room
1106, Ninth Street Office Building, Richmond, Virginia 23219.
(47) Washington. Department of Ecology, Olympia, Washington 98504.
(48) West Virginia. Air Pollution Control Commission, 1558
Washington Street, East, Charleston, West Virginia 25311.
(49) Wisconsin. Wisconsin Department of Natural Resources, P.O. Box
7921, Madison, Wisconsin 53707.
(50) Wyoming. Wyoming Department of Environmental Quality Air
Division, 122 West 25th St.--4th Floor, Cheyenne, Wyoming 82002.
Secs. 65.15-65.19 [Reserved]
[[Page 43]]
Table 1 to Subpart A of Part 65--Applicable 40 CFR Parts 60,
61, and 63 General Provisions
------------------------------------------------------------------------
-------------------------------------------------------------------------
A. 40 CFR part 60, subpart A provisions for referencing subparts Ka, Kb,
VV, DDD, III, NNN, and RRR
------------------------------------------------------------------------
Sec. 60.1,
Sec. 60.2,
Sec. 60.5,
Sec. 60.6,
Sec. 60.7(a)(1), and (a)(4),
Sec. 60.14,
Sec. 60.15,
Sec. 60.16
B. 40 CFR part 61, subpart A provisions for referencing subparts Y, V,
and BB
------------------------------------------------------------------------
Sec. 61.01,
Sec. 61.02,
Sec. 61.05,
Sec. 61.06,
Sec. 61.07,
Sec. 61.08,
Sec. 61.10(b), and (c),
Sec. 61.11, Sec. 61.15
C. 40 CFR part 63, subpart A provisions for referencing subparts G and H
------------------------------------------------------------------------
Sec. 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4)
Sec. 63.2
Sec. 63.5 (a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i)a, (d)(3)(iii) a,
(d)(3)(iv) a, (d)(3)(v) a, (d)(3)(vi) a, (d)(4), (e), (f)(1), and (f)(2)
Sec. 63.6 (a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5)
through (i)(14), (i)(16) and (j)
Sec. 63.9(a)(2), (b)(4)(i) b, (b)(4)(ii), (b)(4)(iii), (b)(5) b, (c)
and (d)
Sec. 63.10(d)(4)
Sec. 63.12(b)
------------------------------------------------------------------------
a These provisions do not apply to equipment leaks.
b The notifications specified in 40 CFR 63.9(b)(4)(i) and 63.9(b)(5)
shall be submitted at the times specified in this part 65.
Table 2 to Subpart A of Part 65--Applicable Referencing
Subpart Provisions
------------------------------------------------------------------------
If you have been referenced from
* * * You must comply with * * *
------------------------------------------------------------------------
40 CFR part 60, subpart Ka........ 60.110a, 60.111a, and 60.115a
40 CFR part 60, subpart Kb........ 60.110b, 60.111b, 60.116b(c), (e),
(f)(1), and (g)
40 CFR part 60, subpart VV........ 60.480, 60.481, 60.482-1(a),
60.485(d), (e), and (f), and
60.486(i) and (j), 60.488, and
60.489
40 CFR part 60, subpart DDD....... 60.560(a), (b) and (d) through (j),
60.561, 60.562-1, 60.562-2, and
60.565(g)(1)
40 CFR part 60, subpart III....... 60.610(a), (b) and (d), 60.611,
60.616, 60.617
40 CFR part 60, subpart NNN....... 60.660(a), (b), (c)(1) through
(c)(3), (c)(5), (d), 60.661,
60.666, and 60.667
40 CFR part 60, subpart RRR....... 60.700(a), (b), (c)(1), (c)(3),
(c)(5), (c)(6), (c)(7), (d),
60.701, 60.706, 60.707
40 CFR part 61, subpart V......... 61.240, 61.241, 61.245(d), 61.246(i)
and (j), and 61.247(a) and (f)
40 CFR part 61, subpart Y......... 61.270, 61.271(d)(2), and 61.274(a)
40 CFR part 61, subpart BB........ 61.300 and 61.301
40 CFR part 63, subpart G For 63.100, 63.101, 63.104 and 63.105 of
process vents, group 1 storage subpart F and 63.110 and 63.111 of
vessels, and group 1 transfer subpart G
racks.
40 CFR part 63, subpart H......... 63.100, 63.101, 63.104 and 63.105 of
subpart F, and 63.160, 63.161,
63.180(d) of subpart H
------------------------------------------------------------------------
[[Page 44]]
Subpart B [Reserved]
Subpart C--Storage Vessels
Sec. 65.40 Applicability.
(a) The provisions of this subpart and of subpart A of this part
apply to control of regulated material emissions from surge control
vessels, bottoms receivers, and other storage vessels where a
referencing subpart references the use of this subpart for such
emissions control.
(b) If a physical or process change is made that causes a storage
vessel to fall outside the criteria in the referencing subpart that
required the storage vessel to control emissions of regulated material,
the owner or operator may elect to no longer comply with the provisions
of this subpart. Instead, the owner or operator shall comply with any
applicable provisions of the referencing subpart.
Sec. 65.41 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of this
part for purposes of this subpart.
Sec. 65.42 Control requirements.
(a) For each storage vessel to which this subpart applies, the owner
or operator shall comply with the requirements of paragraph (b) or (c)
of this section.
(b) For each storage vessel storing a liquid for which the maximum
true vapor pressure of the total regulated material in the liquid is
less than 76.6 kilopascals (10.9 pounds per square inch), the owner or
operator shall reduce regulated material emissions to the atmosphere as
provided in any one of the paragraphs (b)(1) through (7) of this
section.
(1) Internal floating roof (IFR). Operate and maintain a fixed roof
and internal floating roof meeting the requirements of Sec. 65.43.
(2) External floating roof (EFR). Operate and maintain an external
floating roof meeting the requirements of Sec. 65.44.
(3) EFR converted to IFR. Operate and maintain an external floating
roof converted to an internal floating roof meeting the requirements of
Sec. 65.45.
(4) Closed vent system and flare. Operate and maintain a closed vent
system and flare as specified in Sec. 65.142(a)(1). Periods of planned
routine maintenance of the flare during which the flare does not meet
the specifications of Sec. 65.147 shall not exceed 240 hours per year.
The specifications and requirements in Sec. 65.147 for flares do not
apply during periods of planned routine maintenance or during a control
system malfunction. The owner or operator shall report the periods of
planned routine maintenance as specified in Sec. 65.166(d).
(5) Closed vent system and control device. Operate and maintain a
closed vent system and control device as specified in the following and
Sec. 65.142(a)(2):
(i) Except as provided in paragraph (b)(5)(ii) of this section, the
control device shall be designed and operated to reduce inlet emissions
of regulated material by 95 percent or greater.
(ii) For owners or operators referenced to this part from 40 CFR
part 63, subpart G, and if the owner or operator of a storage vessel can
demonstrate that a control device installed on the storage vessel on or
before December 31, 1992 is designed to reduce inlet emissions of total
organic HAP by greater than or equal to 90 percent but less than 95
percent, then the control device is required to be operated to reduce
inlet emissions of total organic HAP by 90 percent or greater.
(iii) Periods of planned routine maintenance of the control device,
during which the control device does not meet the specifications of
paragraph (b)(5)(i) or (ii) of this section, shall not exceed 240 hours
per year. The owner or operator shall report the periods of planned
routine maintenance as specified in Sec. 65.166(d).
(iv) The requirements in paragraph (b)(5)(i) of this section for
control devices do not apply during periods of planned routine
maintenance or during a control system malfunction.
(6) Route to process or fuel gas system. Route the emissions to a
process or a
[[Page 45]]
fuel gas system as specified in Sec. 65.142(a)(3). Whenever the owner or
operator bypasses the fuel gas system or process, the owner or operator
shall comply with the recordkeeping requirement in Sec. 65.163(b)(3).
Bypassing is permitted if the owner or operator complies with one or
more of the following conditions:
(i) The liquid level in the storage vessel is not increased;
(ii) The emissions are routed through a closed vent system to a
control device complying with paragraph (b)(4) or (5) of this section;
or
(iii) The total aggregate amount of time during which the emissions
bypass the fuel gas system or process during the calendar year without
being routed to a control device, for all reasons (except startups/
shutdowns/malfunctions or product changeovers of flexible operation
units and periods when the storage vessel has been emptied and
degassed), does not exceed 240 hours.
(7) Equivalent requirements. Comply with an equivalent to the
requirements in any one of the paragraphs (b)(1) through (6) of this
section, as provided in Sec. 65.46.
(c) For each storage vessel storing a liquid for which the maximum
true vapor pressure of the total regulated material in the liquid is
greater than or equal to 76.6 kilopascals (10.9 pounds per square inch),
the owner or operator shall meet the requirements in paragraph (b)(4),
(5), or (6) of this section, or equivalent as provided in Sec. 65.46.
Sec. 65.43 Fixed roof with an internal floating roof (IFR).
(a) IFR design requirements. The owner or operator who elects to
control storage vessel regulated material emissions by using a fixed
roof and an internal floating roof shall comply with the design
requirements in paragraphs (a)(1) through (4) of this section.
(1) The internal floating roof shall be designed to float on the
stored liquid surface except when the floating roof must be supported by
the leg supports.
(2) Except as provided in paragraph (a)(3) of this section, the
internal floating roof shall be equipped with a closure device between
the wall of the storage vessel and the floating roof edge and shall
consist of one of the following devices:
(i) A liquid-mounted seal.
(ii) A metallic shoe seal.
(iii) Two continuous seals mounted one above the other. The lower
seal may be vapor-mounted.
(3) If the internal floating roof is equipped with a vapor-mounted
seal as of December 31, 1992, paragraph (a)(2) of this section does not
apply until the next time the storage vessel is emptied and degassed, or
by April 22, 2004, whichever occurs first.
(4) Except as provided in paragraph (a)(4)(viii) of this section,
each internal floating roof shall meet the following specifications:
(i) Each opening in a noncontact internal floating roof except for
automatic bleeder vents (vacuum breaker vents) and rim space vents is to
provide a projection below the stored liquid surface.
(ii) Except for leg sleeves, automatic bleeder vents, rim space
vents, column wells, ladder wells, sample wells, and stub drains, each
opening shall be equipped with a gasketed cover or gasketed lid.
(iii) Each penetration of the internal floating roof shall be a
sample well. Each sample well shall have a slit fabric cover that covers
at least 90 percent of the opening.
(iv) Each automatic bleeder vent and rim space vent shall be
gasketed.
(v) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
(vi) Each penetration of the internal floating roof that allows for
passage of a column supporting the fixed roof shall have a flexible
fabric sleeve seal or a gasketed sliding cover.
(vii) Covers on each access hatch and each gauge float well shall be
designed to be bolted or fastened when they are closed.
(viii) If the internal floating roof does not meet any one of the
specifications listed in paragraphs (a)(4)(i) through (vii) of this
section as of December 31, 1992, the requirement for meeting those
specifications does not apply until the next time the storage vessel is
emptied and degassed, or by April 22, 2004, whichever occurs first.
[[Page 46]]
(b) IFR operational requirements. The owner or operator using a
fixed roof and an internal floating roof shall comply with the following
operational requirements:
(1) The internal floating roof shall float on the stored liquid
surface at all times except when the floating roof must be supported by
the leg supports.
(2) When the floating roof is resting on the leg supports, the
process of filling or refilling shall be continuous and shall be
accomplished as soon as practical and the owner or operator shall
maintain the record specified in Sec. 65.47(e).
(3) Automatic bleeder vents are to be set to be closed at all times
when the roof is floating except when the roof is being floated off or
is being landed on the roof leg supports.
(4) Each cover, access hatch, gauge float well, or lid on any
opening in the internal floating roof shall be maintained in a closed
position at all times (i.e., no visible gaps) except when the device is
in actual use. Prior to filling the storage vessel, rim space vents are
to be set to open only when the internal floating roof is not floating,
or when the pressure beneath the rim seal exceeds the manufacturer's
recommended setting.
(c) IFR inspection requirements. To demonstrate compliance, the
owner or operator shall visually inspect the internal floating roof, the
primary seal, and the secondary seal (if one is in service) according to
paragraphs (c)(1) through (4) of this section and maintain records of
the IFR inspection results as specified in Sec. 65.47(c)(1).
(1) Single seal. For vessels equipped with a single-seal system, the
owner or operator shall perform the following inspections:
(i) Visually inspect for IFR type A failures, the internal floating
roof, and the seal through manholes and roof hatches on the fixed roof
no less frequently than once every 12 months.
(ii) Visually inspect for IFR type B failures, the internal floating
roof, the seal, gaskets, slotted membranes, and sleeve seals (if any)
each time the storage vessel is emptied, but no less frequently than
once every 10 years.
(2) Double seal. For vessels equipped with two continuous seals
mounted one above the other, the owner or operator shall perform either
the inspection required in paragraph (c)(2)(i) of this section or the
inspections required in paragraph (c)(2)(ii) of this section:
(i) Visually inspect for IFR type B failures, the internal floating
roof, the primary seal, the secondary seal, gaskets, slotted membranes,
and sleeve seals (if any) each time the storage vessel is emptied, but
no less frequently than once every 5 years; or
(ii) Visually inspect the internal floating roof and the other
components as specified in the following:
(A) For IFR type A failures, inspect the secondary seal through
manholes and roof hatches on the fixed roof no less frequently than once
every 12 months; and
(B) For IFR type B failures, inspect the primary seal, the secondary
seal, gaskets, slotted membranes, and sleeve seals (if any) each time
the vessel is emptied, but no less frequently than once every 10 years.
(3) For inspections to determine if any IFR type B failures are
present as required by paragraphs (c)(1)(ii), (c)(2)(i), and
(c)(2)(ii)(B) of this section, the owner or operator shall comply with
the refilling notification requirements specified in Sec. 65.48(c)(1).
(4) After installing the control equipment required to comply with
Sec. 65.42(b)(1) or (3), visually inspect the internal floating roof,
the primary seal, and the secondary seal (if one is in service) prior to
filling the storage vessel with regulated material. If there are holes,
tears, or other openings in the primary seal, the secondary seal, or the
seal fabric, or defects in the internal floating roof, the owner or
operator shall repair the items before filling the storage vessel.
(d) IFR repair requirements. The owner or operator shall repair any
observed or determined failures according to paragraphs (d)(1) and (2)
of this section:
(1) If an IFR type A failure is observed, the owner or operator
shall repair the items or empty and remove the storage vessel from
service within 45 calendar days. If the failure cannot be repaired
within 45 calendar days or if the vessel cannot be emptied within 45
calendar days, the owner or operator may utilize up to two extensions of
up
[[Page 47]]
to 30 additional calendar days each and keep the records specified in
Sec. 65.47(d).
(2) If an IFR type B failure is determined, the owner or operator
shall repair the items and comply with the refilling notification
requirements of Sec. 65.48(c)(1) before refilling the storage vessel
with regulated material.
Sec. 65.44 External floating roof (EFR).
(a) EFR design requirements. The owner or operator who elects to
control storage vessel regulated material emissions by using an external
floating roof shall comply with the design requirements listed in
paragraphs (a)(1) through (3) of this section.
(1) The external floating roof shall be designed to float on the
stored liquid surface except when the floating roof must be supported by
the leg supports.
(2) The external floating roof shall be equipped with a closure
device between the wall of the storage vessel and the roof edge.
(i) Except as provided in paragraph (a)(2)(iii) of this section, the
closure device is to consist of two continuous seals, one above the
other. The lower seal is referred to as the primary seal and the upper
seal is referred to as the secondary seal.
(ii) Except as provided in paragraph (a)(2)(iv) of this section, the
primary seal shall be either a metallic shoe seal or a liquid-mounted
seal.
(iii) If the external floating roof is equipped with a liquid-
mounted or metallic shoe primary seal as of December 31, 1992, the
requirement for a secondary seal in paragraph (a)(2)(i) of this section
does not apply until the next time the storage vessel is emptied and
degassed, or by April 22, 2004, whichever occurs first.
(iv) If the external floating roof is equipped with a vapor-mounted
primary seal and a secondary seal as of December 31, 1992, the
requirement for a liquid-mounted or metallic shoe primary seal in
paragraph (a)(2)(ii) of this section does not apply until the next time
the storage vessel is emptied and degassed, or by April 22, 2004,
whichever occurs first.
(3) The external floating roof shall meet the following
specifications:
(i) Except for automatic bleeder vents (vacuum breaker vents) and
rim space vents, each opening in the noncontact external floating roof
shall provide a projection below the stored liquid surface except as
provided in paragraph (a)(3)(xiii) of this section.
(ii) Covers on each access hatch and each gauge float well shall be
designed to be bolted or fastened when they are closed.
(iii) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening shall be equipped with a gasketed
cover, seal, or lid.
(iv) Automatic bleeder vents and rim space vents shall be equipped
with a gasket.
(v) Each roof drain that empties into the stored liquid shall be
equipped with a slotted membrane fabric cover that covers at least 90
percent of the area of the opening.
(vi) Each unslotted and slotted guide pole well shall be equipped
with a gasketed sliding cover or a flexible fabric sleeve seal.
(vii) Except for antirotational devices equipped with a welded cap,
each unslotted guide pole shall be equipped with a gasketed cap on the
end of the pole.
(viii) Each slotted guide pole shall be equipped with a gasketed
float or other device that closes off the stored liquid surface from the
atmosphere.
(ix) Each gauge hatch/sample well shall be equipped with a gasketed
cover.
(x) Where a metallic shoe seal is in use as the primary seal, one
end of the metallic shoe shall be designed to extend into the stored
liquid and the other end shall extend a minimum vertical distance of 61
centimeters (24 inches) above the stored liquid surface.
(xi) The secondary seal shall be designed to be installed above the
primary seal so that it completely covers the space between the roof
edge and the vessel wall.
(xii) For the primary and secondary seals, there shall be no holes,
tears, or other openings in the shoe, seal fabric, or seal envelope.
(xiii) If each opening in a noncontact external floating roof except
for automatic bleeder vents (vacuum breaker vents) and rim space vents
does not provide a projection below the liquid
[[Page 48]]
surface as of December 31, 1992, the requirement for providing these
projections below the liquid surface does not apply until the next time
the storage vessel is emptied and degassed, or by April 22, 2004,
whichever occurs first.
(b) EFR operational requirements. The owner or operator using an
external floating roof shall comply with the following operational
requirements:
(1) The external floating roof shall float on the stored liquid
surface at all times except when the floating roof must be supported by
the leg supports.
(2) When the floating roof is resting on the leg supports, the
process of filling or refilling shall be continuous and shall be
accomplished as soon as practical, and the owner or operator shall
maintain the record specified in Sec. 65.47(e).
(3) Except for automatic bleeder vents, rim space vents, roof
drains, and leg sleeves, each opening shall be maintained in a closed
position (i.e., no visible gap) at all times except when the device is
in actual use.
(4) Covers on each access hatch and each gauge float well shall be
bolted or fastened when they are closed.
(5) Automatic bleeder vents are to be set to be closed at all times
when the roof is floating except when the roof is being floated off or
is being landed on the roof leg supports.
(6) Rim space vents are to be set to open only when the roof is
being floated off the roof leg supports or when the pressure beneath the
rim seal exceeds the manufacturer's recommended setting.
(7) The cap on the end of each unslotted guide pole shall be closed
at all times except when gauging the stored liquid level or taking
samples of the stored liquid.
(8) The cover on each gauge hatch/sample well shall be closed at all
times except when the hatch or well must be open for access.
(9) Except during the inspections required by paragraph (c) of this
section, both the primary seal and the secondary seal shall completely
cover the annular space between the external floating roof and the wall
of the storage vessel in a continuous fashion.
(c) EFR inspection requirements. To demonstrate compliance for an
external floating roof vessel, the owner or operator shall use the
procedures in paragraphs (c)(4) through (9) of this section for seal
gaps according to the frequency specified in paragraphs (c)(1) through
(3) of this section and meet the requirements of paragraph (c)(10) of
this section.
(1) Measurements of gaps between the vessel wall and the primary
seal shall be performed no less frequently than once every 5 years and
at the times specified in paragraphs (c)(1)(i) and (ii) of this section.
The owner or operator shall maintain records of the EFR seal gap
measurements as specified in Sec. 65.47(c)(2).
(i) During the hydrostatic testing of the vessel, by initial
startup, or within 90 days of the initial fill with regulated material.
(ii) For an external floating roof vessel equipped with a liquid-
mounted or metallic shoe primary seal and without a secondary seal as
provided for in paragraph (a)(2)(iii) of this section, measurements of
gaps between the vessel wall and the primary seal shall be performed at
least once per year until a secondary seal is installed. When a
secondary seal is installed above the primary seal, measurements of gaps
between the vessel wall and both the primary and secondary seals shall
be performed within 90 calendar days of installation of the secondary
seal and according to the frequency specified in paragraphs (c)(1)
through (3) of this section thereafter.
(2) Measurements of gaps between the vessel wall and the secondary
seal shall be performed no less frequently than once per year and within
90 days of the initial fill with regulated material, within 90 days of
installation of the secondary seal, or by initial startup. The owner or
operator shall maintain records of the EFR seal gap measurements as
specified in Sec. 65.47(c)(2).
(3) If any storage vessel ceases to store regulated material for a
period of 1 year or more, measurements of gaps between the vessel wall
and the primary seal, and gaps between the vessel wall and the secondary
seal shall be performed within 90 days of the vessel being refilled with
regulated material. The owner or operator shall maintain
[[Page 49]]
records of the EFR seal gap measurements as specified in
Sec. 65.47(c)(2).
(4) If the tank contains regulated material, all primary seal
inspections or gap measurements that require the removal or dislodging
of the secondary seal shall be accomplished as soon as possible, and the
secondary seal shall be replaced as soon as possible.
(5) The owner or operator shall notify the Administrator 30 days
before any EFR seal gap measurement as specified in Sec. 65.48(c)(2).
(6) Except as provided in paragraph (d) of this section, the owner
or operator shall determine gap widths and gap areas in the primary and
secondary seals (seal gaps) individually by the following procedures:
(i) Seal gaps, if any, shall be measured at one or more floating
roof levels when the roof is not resting on the roof leg supports.
(ii) Seal gaps, if any, shall be measured around the entire
circumference of the vessel in each place where a 0.32 centimeter (\1/8\
inch) diameter uniform probe passes freely (without forcing or binding
against the seal) between the seal and the wall of the storage vessel.
The circumferential distance of each such location shall also be
measured.
(iii) The total surface area of each gap described in paragraph
(c)(6)(ii) of this section shall be determined by using probes of
various widths to measure accurately the actual distance from the vessel
wall to the seal and multiplying each such width by its respective
circumferential distance.
(7) The owner or operator shall add the gap surface area of each gap
location for the primary seal and divide the sum by the nominal diameter
of the vessel. The owner or operator shall include the calculations in
the record of the seal gap measurement as specified in Sec. 65.47(c)(2).
For metallic shoe primary seals or liquid-mounted primary seals, the
accumulated area of gaps between the vessel wall and the primary seal
shall not exceed 212 square centimeters per meter of vessel diameter
(10.0 square inches per foot of vessel diameter) and the width of any
portion of any gap shall not exceed 3.81 centimeters (1.50 inches).
(8) The owner or operator shall add the gap surface area of each gap
location for the secondary seal and divide the sum by the nominal
diameter of the vessel. The owner or operator shall include the
calculations in the record of the seal gap measurement as specified in
Sec. 65.47(c)(2). The accumulated area of gaps between the vessel wall
and the secondary seal used in combination with a metallic shoe seal or
liquid-mounted primary seal shall not exceed 21.2 square centimeters per
meter of vessel diameter (1.00 square inch per foot of vessel diameter)
and the width of any portion of any gap shall not exceed 1.27
centimeters (0.50 inch). The secondary seal gap requirements may be
exceeded during the measurement of primary seal gaps as required by
paragraph (c)(1) of this section.
(9) If the owner or operator determines that it is unsafe to perform
the seal gap measurements or to inspect the vessel to determine
compliance because the floating roof appears to be structurally unsound
and poses an imminent or potential danger to inspecting personnel, the
owner or operator shall comply with one of the following requirements:
(i) The owner or operator shall measure the seal gaps or inspect the
storage vessel no later than 30 calendar days after the determination
that the roof is unsafe; or
(ii) The owner or operator shall empty and remove the storage vessel
from service no later than 45 calendar days after determining that the
roof is unsafe. If the vessel cannot be emptied within 45 calendar days,
the owner or operator may utilize up to two extensions of up to 30
additional calendar days each and comply with the recordkeeping
requirements in Sec. 65.47(d).
(10) The owner or operator shall visually inspect for EFR failures,
the external floating roof, the primary seal, secondary seal, and
fittings prior to initial filling and each time the vessel is emptied
(including initially before the vessel is filled with regulated
material), shall maintain records of the EFR inspection results as
specified in Sec. 65.47(c)(1), and shall comply with the refilling
notification requirements specified in Sec. 65.48(c)(1).
[[Page 50]]
(d) EFR repair requirements. (1) The owner or operator shall repair
conditions that do not meet seal gap specifications listed in paragraphs
(c)(7) and (8) of this section or any EFR failure observed by the
inspection required by paragraph (c)(10) of this section no later than
45 calendar days after identification, or shall empty and remove the
storage vessel from service no later than 45 calendar days after
identification. If the vessel cannot be repaired or emptied within 45
calendar days, the owner or operator may utilize up to two extensions of
up to 30 additional calendar days each and comply with the recordkeeping
requirements in Sec. 65.47(d).
(2) If an EFR failure is observed by the inspection required by
paragraph (c)(10) of this section, the owner or operator shall repair
the items as necessary so that none of the conditions specified in
paragraph (c)(10) of this section exist before filling or refilling the
storage vessel with regulated material.
Sec. 65.45 External floating roof converted into an internal floating roof.
The owner or operator who elects to control storage vessel regulated
material emissions by using an external floating roof converted into an
internal floating roof shall comply with the internal floating roof
requirements of Sec. 65.43 except Sec. 65.43(a)(3), (b)(2), and (b)(3)
and the external floating roof deck fitting requirements of Sec. 65.44
except Sec. 65.44(a)(1), (a)(2), (b)(1), (b)(8), (b)(9), (c), and (d),
including the recordkeeping and reporting provisions referenced therein.
Sec. 65.46 Alternative means of emission limitation.
Any person seeking permission to use an alternative means of
compliance under this section shall use the procedures of Sec. 65.8.
Sec. 65.47 Recordkeeping provisions.
(a) Retention time. Each owner or operator of a storage vessel
subject to this subpart shall meet the requirements of Sec. 65.4, except
the record specified in paragraph (b) of this section shall be kept as
long as the storage vessel is in operation.
(b) Vessel dimensions and capacity. Each owner or operator of a
storage vessel subject to this subpart shall keep readily accessible
records showing the dimensions of the storage vessel and an analysis of
the capacity of the storage vessel.
(c) Inspection results. The owner or operator shall keep the records
specified in paragraphs (c)(1) and (2) of this section.
(1) For each IFR or EFR inspection required by Sec. 65.43(c)(1) and
(2), or Sec. 65.44(c)(10), respectively, a record containing the
following information, as appropriate:
(i) In the event that no IFR type A failure, IFR type B failure, or
EFR failure is observed, a record showing that the inspection was
performed. The record shall identify the storage vessel on which the
inspection was performed, the date the storage vessel was inspected, and
references indicating which items were inspected.
(ii) In the event that an IFR type A failure, IFR type B failure, or
EFR failure is observed, a record that identifies the storage vessel on
which the inspection was performed, the date the storage vessel was
inspected, a description of the failure and of the repair made, the date
the vessel was emptied (if applicable), and the date that the repair was
made. As specified in Sec. 65.48(b)(1), the owner or operator shall
include this record in the periodic report.
(2) For each EFR seal gap measurement required by Sec. 65.44(c)(1),
(2), or (3), a record describing the results of the measurement. The
record shall identify the vessel on which the measurement was performed,
shall include the date of the measurement, the raw data obtained in the
measurement, and the calculations described in Sec. 65.44(c)(7) and (8),
and shall meet the following two additional requirements, as
appropriate:
(i) In the event that the seal gap measurements do conform to the
specifications in Sec. 65.44(c)(7) and (8), the owner or operator shall
submit the information specified in Sec. 65.48(b)(2)(i) in the periodic
report.
(ii) In the event that the seal gap measurements do not conform to
the
[[Page 51]]
specifications in Sec. 65.44(c)(7) and (8), the owner or operator shall
also keep a description of the repairs that were made, the date the
repairs were made, and the date the storage vessel was emptied and shall
include a report of the seal gap measurement results in the periodic
report as specified in Sec. 65.48(b)(2)(ii).
(d) Emptying and repairing extension. The owner or operator who
elects to utilize an extension in emptying a storage vessel for purposes
of repair shall prepare by the initiation of the extension the following
documentation, as appropriate, of the decision to utilize an extension:
(1) For an extension pursuant to Sec. 65.43(d)(1) or
Sec. 65.44(d)(1), a description of the failure, documentation that
alternative storage capacity is unavailable, and a schedule of actions
that will ensure that the control equipment will be repaired or the
vessel will be emptied as soon as practical. As specified in
Sec. 65.48(b)(1)(i), the owner or operator shall include this
information in the periodic report.
(2) For an extension pursuant to Sec. 65.44(c)(9), an explanation of
why it was unsafe to perform the inspection or seal gap measurement,
documentation that alternate storage capacity is unavailable, and a
schedule of actions that will ensure that the vessel will be emptied as
soon as practical. As specified in Sec. 65.48(b)(3), the owner or
operator shall include this information in the periodic report.
(e) Floating roof set on its legs. The owner or operator shall
maintain a record for each storage vessel subject to Sec. 65.43(b)(2)
and Sec. 65.44(b)(2) identifying the date when the floating roof was set
on its legs and the date when the roof was refloated. The record shall
also indicate whether this was a continuous operation.
Sec. 65.48 Reporting provisions.
(a) Notification of initial startup. If Sec. 65.5(b) requires that a
notification of initial startup be filed, then the content of the
notification of initial startup shall at least include the information
specified in Sec. 65.5(b) and the identification of each storage vessel,
its capacity, and the types of regulated material stored in the storage
vessel.
(b) Periodic reports. Report the information specified in paragraphs
(b)(1) through (3) of this section, as applicable, in the periodic
report specified in Sec. 65.5(e).
(1) Inspection results. Report the following information for each
inspection conducted in accordance with Sec. 65.43(c) and Sec. 65.44(c)
in which an IFR or EFR failure is detected in the control equipment:
(i) If an IFR type A failure or an EFR failure is observed for
vessels for which inspections are required under Sec. 65.43(c)(1)(i),
Sec. 65.43(c)(2)(ii)(A), or Sec. 65.44(c)(10), each report shall include
the inspection results record listed in Sec. 65.47(c)(1)(ii). If an
extension is utilized in accordance with Sec. 65.43(d)(1) or
Sec. 65.44(d)(1), the report shall include the records listed in
Sec. 65.47(c)(1)(ii) plus the documentation specified in
Sec. 65.47(d)(1).
(ii) If an IFR type B failure is observed for vessels for which
inspections are required under Sec. 65.43(c)(1)(ii), (c)(2)(i), or
(c)(2)(ii)(B), each report shall include a copy of the records listed in
Sec. 65.47(c)(1)(ii).
(2) Seal gap measurement results. (i) For each vessel whose seal
gaps are measured during the reporting period, identify each seal gap
measurement made in accordance with Sec. 65.44(c) in which the
requirements of Sec. 65.44(c)(7) or (8) are met.
(ii) For each seal gap measurement made in accordance with
Sec. 65.44(c) in which the requirements of Sec. 65.44(c)(7) or (8) are
not met, from the records kept pursuant to Sec. 65.47(c)(2), report the
date of the measurements, results of the calculations, and note which
seal gap measurements did not conform to the specifications in
Sec. 65.44(c)(7) and (8).
(3) Extension documentation. If an extension is utilized in
accordance with Sec. 65.44(c)(9), the owner or operator shall include
the documentation specified in Sec. 65.47(d)(2) in the next report
required by Sec. 65.5(e).
(c) Special notifications. An owner or operator who elects to comply
with Sec. 65.43, Sec. 65.44, or Sec. 65.45 shall submit, as applicable,
the reports specified in paragraphs (c)(1) and (2) of this section
except as specified in paragraph (c)(3) of this section. Each written
notification or report shall also include the information specified in
Sec. 65.5(f).
[[Page 52]]
(1) Refilling notification. In order to afford the Administrator the
opportunity to have an observer present, notify the Administrator prior
to refilling of a storage vessel that has been emptied. If the storage
vessel is equipped with an internal floating roof as specified in
Sec. 65.43, an external floating roof as specified in Sec. 65.44, or an
external floating roof converted to an internal floating roof as
specified in Sec. 65.45, the notification shall meet either of the
following requirements, as applicable.
(i) Notify the Administrator in writing at least 30 calendar days
prior to the refilling of each storage vessel; or
(ii) If the inspection is not planned and the owner or operator
could not have known about the inspection 30 calendar days in advance of
refilling the vessel, the owner or operator shall notify the
Administrator as soon as practical, but no later than 7 calendar days
prior to the refilling of the storage vessel. Notification may be made
by telephone and immediately followed by written documentation
demonstrating why the inspection was unplanned. Alternatively, the
notification including the written documentation may be made in writing
and sent so that it is received by the Administrator at least 7 calendar
days prior to refilling.
(2) Seal gap measurement notification. In order to afford the
Administrator the opportunity to have an observer present during seal
gap measurements, the owner or operator of a storage vessel equipped
with an external floating roof as specified in Sec. 65.44 shall meet
either of the following notification requirements, as applicable:
(i) Notify the Administrator in writing at least 30 calendar days in
advance of any seal gap measurements; or
(ii) If the seal gap measurements are not planned and the owner or
operator could not have known about the seal gap measurements 30
calendar days in advance, the owner or operator shall notify the
Administrator as soon as practical, but no later than 7 calendar days
prior to the seal gap measurements. Notification may be made by
telephone and immediately followed by written documentation
demonstrating why the seal gap measurements were unplanned.
Alternatively, the notification including the written documentation may
be made in writing and sent so that it is received by the Administrator
at least 7 calendar days prior to refilling.
(3) Notification waiver. Where a notification required by paragraphs
(c)(1) or (2) of this section is sent to a delegated State or local
agency, a copy of the notification to the Administrator is not required.
A delegated State or local agency may waive the requirements for these
notifications.
(d) Compliance certification. For sources subject to the compliance
certification provisions of title V, a recertification of continuous
compliance with Sec. 65.43(b)(1) and Sec. 65.44(b)(1) shall be based on
the annual inspections required by Sec. 65.43(c)(1)(i) and (c)(2)(ii)(A)
and any observations made at other times when the roof is viewed.
Secs. 65.49-65.59 [Reserved]
Subpart D--Process Vents
Sec. 65.60 Applicability.
The provisions of this subpart and of subpart A of this part apply
to regulated material emissions from process vents where a referencing
subpart references the use of this subpart.
Sec. 65.61 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of this
part for purposes of this subpart.
Sec. 65.62 Process vent group determination.
(a) Group status. The owner or operator of a process vent shall
determine the group status (i.e., Group 1, Group 2A, or Group 2B) for
each process vent. Group 1 process vents require control, and Group 2A
and 2B process vents do not. Group 2A process vents require parameter
monitoring, and Group 2B process vents do not. The owner or operator
shall report the group status of
[[Page 53]]
each process vent as specified in Sec. 65.5(c)(2).
(b) Group 1. A process vent is considered Group 1 if it meets at
least one of the following specifications:
(1) The owner or operator designates the process vent as Group 1.
(2) At representative operating conditions expected to yield the
lowest TRE index value for the process vent, the TRE index value is less
than or equal to 1.0, the flow rate is greater than or equal to 0.011
standard cubic meter per minute (0.40 standard cubic foot per minute),
and the concentration is greater than or equal to the applicable
criterion in table 1 of this subpart. Procedures for determining the TRE
index value, flow rate, and concentration are specified in Sec. 65.64.
(c) Group 2A. A process vent is considered Group 2A if, at
representative operating conditions expected to yield the lowest TRE
index value, it has a TRE index value of greater than 1.0 and less than
or equal to 4.0, a flow rate of greater than or equal to 0.011 standard
cubic meter per minute (0.40 standard cubic foot per minute), and a
concentration greater than or equal to the applicable table 1 criterion.
Procedures for determining the TRE index value, flow rate, and
concentration are specified in Sec. 65.64.
(d) Group 2B. A process vent is considered Group 2B if, at
representative operating conditions expected to yield the lowest TRE
index value, it has a TRE index value of greater than 4.0; or a flow
rate of less than 0.011 standard cubic meter per minute (0.40 standard
cubic foot per minute); or a concentration less than the applicable
criterion in table 1 of this subpart. Procedures for determining the TRE
index value, flow rate, and concentration are specified in Sec. 65.64.
Sec. 65.63 Performance and group status change requirements.
(a) Group 1 performance requirements. Except for the additional
requirement for halogenated vent streams as provided in paragraph (b) of
this section, the owner or operator of a Group 1 process vent shall
comply with the requirements of either paragraph (a)(1), (2), or (3) of
this section.
(1) Flare. Reduce emissions of regulated material using a flare
meeting the applicable requirements of Sec. 65.142(b).
(2) 98 percent or 20 parts per million standard. Reduce emissions of
regulated material or TOC by at least 98 weight-percent or to a
concentration of less than 20 parts per million by volume, whichever is
less stringent. For combustion devices, the emission reduction or
concentration shall be calculated on a dry basis, and corrected to 3
percent oxygen. The owner or operator shall meet the requirements in
Sec. 65.142(b) and paragraphs (a)(2)(i) and/or (a)(2)(ii) of this
section.
(i) Compliance with paragraph (a)(2) of this section may be achieved
by using any combination of recovery and/or control device to meet the
20 parts per million by volume concentration standard; or by using any
combination of recovery and/or control device to meet the 98 weight
percent reduction standard, if the recovery device meets the conditions
of paragraph (a)(2)(ii) of this section.
(ii) An owner or operator may use a recovery device alone or in
combination with one or more control devices to reduce emissions of
total regulated material by 98 weight-percent if all of the following
conditions are met:
(A) For process vents referenced to this part by 40 CFR part 63,
subpart G, the recovery device (and any control device that operates in
combination with the recovery device to reduce emissions of total
regulated material by 98 weight-percent) was installed before December
31, 1992.
(B) The recovery device that will be used to reduce emissions of
total regulated material by 98 weight-percent is the last recovery
device before emission to the atmosphere.
(C) The recovery device alone or in combination with one or more
control devices is capable of reducing emissions of total regulated
material by 98 weight-percent but is not capable of reliably reducing
emissions of total regulated material to a concentration of 20 parts per
million by volume.
(D) If the owner or operator disposed of the recovered material, the
recovery device would be considered a control
[[Page 54]]
device and comply with the requirements of this subpart and
Sec. 65.142(b) for control devices.
(3) TRE index value. Achieve and maintain a TRE index value greater
than 1.0 at the outlet of the final recovery device, or prior to release
from the process vent to the atmosphere if no recovery device is
present. If the TRE index value is greater than 1.0, the process vent
shall meet the provisions for a Group 2A or 2B process vent specified in
either paragraph (c), (d), (e), or (f) of this section, whichever is
applicable.
(b) Halogenated Group 1 performance requirement. Halogenated Group 1
process vents that are combusted shall be controlled according to
paragraph (b)(1) or (2) of this section. The owner or operator shall
either designate the Group 1 process vent as a halogenated Group 1
process vent or shall determine whether the process vent is halogenated
using the procedures specified in Sec. 65.64(g). If determined, the
halogen concentration in the vent stream shall be recorded and reported
in the Initial Compliance Status Report as specified in Sec. 65.160(d).
If the owner or operator designates the process vent as a halogenated
Group 1 process vent, then this shall also be recorded and reported in
the Initial Compliance Status Report.
(1) Halogen reduction device following combustion. If a combustion
device is used to comply with paragraph (a)(2) of this section for a
halogenated process vent, then the process vent exiting the combustion
device shall be ducted to a halogen reduction device including, but not
limited to, a scrubber before it is discharged to the atmosphere, and
the halogen reduction device shall meet the requirements of paragraph
(b)(1)(i) or (ii) of this section, as applicable. The halogenated
process vent shall not be combusted using a flare.
(i) Except as provided in paragraph (b)(1)(ii) of this section, the
halogen reduction device shall reduce overall emissions of hydrogen
halides and halogens by 99 percent or shall reduce the outlet mass of
total hydrogen halides and halogens to less than 0.45 kilogram per hour
(0.99 pound per hour), whichever is less stringent. The owner or
operator shall meet the requirements in Sec. 65.142(b).
(ii) If a scrubber or other halogen reduction device was installed
prior to December 31, 1992, the device shall reduce overall emissions of
hydrogen halides and halogens by 95 percent or shall reduce the outlet
mass of total hydrogen halides and halogens to less than 0.45 kilogram
per hour (0.99 pound per hour), whichever is less stringent. The owner
or operator shall meet the requirements in Sec. 65.142(b).
(2) Halogen reduction device prior to combustion. A halogen
reduction device, such as a scrubber, or other technique may be used to
reduce the process vent halogen atom mass emission rate to less than
0.45 kilogram per hour (0.99 pound per hour) prior to any combustion
control device and thus make the process vent nonhalogenated; the
process vent must comply with the requirements of paragraph (a)(1) or
(2) of this section. The mass emission rate of halogen atoms contained
in organic compounds prior to the combustor shall be determined
according to the procedures in Sec. 65.64(g). The owner or operator
shall maintain the record specified in Sec. 65.160(d) and submit the
report specified in Sec. 65.165(d).
(c) Performance requirements for Group 2A process vents with
recovery devices. For Group 2A process vents, where the owner or
operator is using a recovery device to maintain a TRE index value
greater than 1.0, the owner or operator shall maintain a TRE index value
greater than 1.0 and comply with the requirements for recovery devices
in Sec. 65.142(b).
(d) Performance requirements for Group 2A process vents without
recovery devices. For Group 2A process vents where the owner or operator
is not using a recovery device to maintain a TRE index value greater
than 1.0, determine the appropriate parameters to be monitored and
submit the information as specified in paragraphs (d)(1), (2), and (3)
of this section. Such information shall be submitted for approval to the
Administrator as part of a title V permit application or by separate
notice. The owner or operator shall monitor as specified in
Sec. 65.65(a), maintain the record specified in Sec. 65.66(e), and
submit reports as specified in Sec. 65.67(c).
[[Page 55]]
(1) Parameter monitoring. A description of the parameter(s) to be
monitored to ensure the owner or operator of a process vent achieves and
maintains the TRE above 1.0. and an explanation of the criteria used to
select the parameter(s).
(2) Demonstration methods and procedures. A description of the
methods and procedures that will be used to demonstrate that the
parameter indicates proper operation of the process, the schedule for
this demonstration, and a statement that the owner or operator will
establish a range for the monitored parameter as part of the Initial
Compliance Status Report required in Sec. 65.5(d), unless this
information has already been included in the operating permit
application.
(3) Monitoring, recordkeeping, and reporting frequency. The
frequency and content of monitoring, recording, and reporting if
monitoring and recordkeeping are not continuous, or if reports of daily
average values when the monitored parameter value is outside the range
established in the operating permit or Initial Compliance Status Report
will not be included in periodic reports required under Sec. 65.5(e).
The rationale for the proposed monitoring, recording, and reporting
system shall be included.
(e) Group 2B performance requirements. For Group 2B process vents,
the owner or operator shall maintain a TRE index greater than 4.0, a
flow rate less than 0.011 scmm, or a concentration less than the
applicable criteria in table 1 to this subpart.
(f) Group 2A or 2B process change requirements. Whenever process
changes are made that could reasonably be expected to change a Group 2A
or 2B process vent to a Group 1 vent, the owner or operator shall
recalculate the TRE index value, flow, or TOC or organic hazardous air
pollutant (HAP) concentration according to paragraph (f)(1), (2), or (3)
of this section as specified for each process vent as necessary to
determine whether the process vent is Group 1, Group 2A, or Group 2B and
shall maintain the applicable records specified in Sec. 65.66(d) and
submit the applicable reports specified in Sec. 65.67(b). The owner or
operator shall perform the group status determination as soon as
practical after the process change and within 180 days after the process
change. Examples of process changes include, but are not limited to,
changes in production capacity, production rate, feedstock type, or
catalyst type, or whenever there is replacement, removal, or addition of
recovery equipment. For purposes of paragraph (f) of this section,
process changes do not include process upsets; unintentional, temporary
process changes; and changes that are within the range on which the
original TRE index value calculation was based.
(1) Flow rate. The flow rate shall be determined as specified in the
sampling site and flow rate determination procedures in Sec. 65.64(b)
and (d) or by using best engineering assessment of the effects of the
change. Engineering assessments shall meet the specifications in
Sec. 65.64(i).
(2) Concentration. The TOC or organic HAP concentration shall be
determined as specified in Sec. 65.64(b) and (c) or by using best
engineering assessment of the effects of the change. Engineering
assessments shall meet the specifications in Sec. 65.64(i).
(3) TRE index value. The TRE index value shall be recalculated based
on measurements of process vent flow rate, TOC, and/or organic HAP
concentrations, and heating values as specified in Sec. 65.64(b), (c),
(d), (e), (f), (g), and (h) as applicable, or based on best engineering
assessment of the effects of the change. Engineering assessments shall
meet the specifications in Sec. 65.64(i).
(4) Group status change to Group 1. Where the process change causes
the group status to change to Group 1, the owner or operator shall
comply with the Group 1 process vent provisions in paragraph (a) of this
section and, if they apply, the halogenated Group 1 process vent
provisions in paragraph (b) of this section upon initial startup after
the change and thereafter unless the owner or operator demonstrates to
the Administrator that achieving compliance will take longer than making
the process change. If this demonstration is made to the Administrator's
satisfaction, the owner or operator shall comply as expeditiously as
practical, but in no event later than 3 years
[[Page 56]]
after the emission point becomes Group 1, and shall comply with the
following procedures to establish a compliance date:
(i) The owner or operator shall submit to the Administrator for
approval a compliance schedule, along with a justification for the
schedule.
(ii) The compliance schedule shall be submitted with the operating
permit application or amendment or by other appropriate means.
(iii) The Administrator shall approve the compliance schedule or
request changes within 120 calendar days of receipt of the compliance
schedule and justification.
(5) Group status change to Group 2A. Whenever a process change
causes the process vent group status to change to Group 2A, the owner or
operator shall comply with the provisions of paragraph (c) or (d) of
this section upon completion of the group status determination of the
process vent.
(6) Group status change to Group 2B. Whenever a process change
causes the process vent group status to change to Group 2B, the owner or
operator shall comply with the provisions of paragraph (e) of this
section as soon as practical after the process change.
Sec. 65.64 Group determination procedures.
(a) General. The provisions of this section provide calculation and
measurement methods for parameters that are used to determine group
status.
(b)(1) Sampling site. For purposes of determining TOC or HAP
concentration, process vent volumetric flow rate, heating value, or TRE
index value as specified under paragraph (c), (d), (e), (f), or (h) of
this section, the sampling site shall be located after the last recovery
device (if any recovery devices are present) but prior to the inlet of
any control device that is present, and prior to release to the
atmosphere.
(2) Sampling site when a halogen reduction device is used prior to a
combustion device. An owner or operator using a scrubber or other
halogen reduction device to reduce the process vent halogen atom mass
emission rate to less than 0.45 kilogram per hour (0.99 pound per hour)
prior to a combustion control device in compliance with Sec. 65.63(b)(2)
shall determine the halogen atom mass emission rate prior to the
combustor and after the scrubber or other halogen reduction device
according to the procedures in paragraph (g) of this section.
(3) Sampling site selection method. Method 1 or 1A of appendix A of
40 CFR part 60, as appropriate, shall be used for selection of the
sampling site. No traverse site selection method is needed for process
vents smaller than 0.10 meter (4 inches) in nominal inside diameter.
(c) TOC or HAP concentration. The TOC or HAP concentrations used for
TRE index value calculations in paragraph (h) of this section shall be
determined based on paragraph (c)(1) or (i) of this section, or any
other method or data that have been validated according to the protocol
in Method 301 of appendix A of 40 CFR part 63. For concentrations needed
for comparison with the appropriate concentration in table 1 of this
subpart, TOC or HAP concentration shall be determined based on paragraph
(c)(1), (c)(2), or (i) of this section or any other method or data that
have been validated according to the protocol in Method 301 of appendix
A of 40 CFR part 63. The owner or operator shall record the TOC or HAP
concentration as specified in Sec. 65.66(c).
(1) Method 18. The procedures specified in paragraph (c)(1)(i) and
(ii) of this section shall be used to calculate parts per million by
volume concentration using Method 18 of appendix A of 40 CFR part 60.
(i) The minimum sampling time for each run shall be 1 hour in which
either an integrated sample or four grab samples shall be taken. If grab
sampling is used, then the samples shall be taken at approximately equal
intervals in time, such as 15-minute intervals during the run.
(ii) The concentration of either TOC (minus methane and ethane) or
organic HAP emissions shall be calculated using the following two
procedures, as applicable.
(A) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using Equation 64-1 of this section:
[[Page 57]]
[GRAPHIC] [TIFF OMITTED] TR14DE00.000
Where:
CTOC = Concentration of TOC (minus methane and ethane), dry
basis, parts per million by volume.
x = Number of samples in the sample run.
n = Number of components in the sample.
Cji = Concentration of sample component j of the sample i,
dry basis, parts per million by volume.
(B) The total organic HAP concentration (CHAP) shall be
computed according to the equation in paragraph (c)(1)(ii)(A) of this
section except that only the organic HAP species shall be summed.
(2) Method 25A. The following procedures shall be used to calculate
parts per million by volume concentration using Method 25A of appendix A
of 40 CFR part 60:
(i) Method 25A of appendix A of 40 CFR part 60 shall be used only if
a single organic compound of regulated material is greater than 50
percent of total organic HAP or TOC, by volume, in the process vent.
(ii) The process vent composition may be determined by either
process knowledge, test data collected using an appropriate EPA method,
or a method or data validated according to the protocol in Method 301 of
appendix A of 40 CFR part 63. Examples of information that could
constitute process knowledge include calculations based on material
balances, process stoichiometry, or previous test results provided the
results are still relevant to the current process vent conditions.
(iii) The organic compound used as the calibration gas for Method
25A of appendix A of 40 CFR part 60 shall be the single organic compound
of regulated material present at greater than 50 percent of the total
organic HAP or TOC by volume.
(iv) The span value for Method 25A of appendix A of 40 CFR part 60
shall be equal to the appropriate concentration value in table 1 to this
subpart.
(v) Use of Method 25A of appendix A of 40 CFR part 60 is acceptable
if the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(vi) The owner or operator shall demonstrate that the concentration
of TOC including methane and ethane measured by Method 25A of appendix A
of 40 CFR part 60 is below one-half the appropriate value in table 1 to
this subpart to be considered a Group 2B vent with an organic HAP or TOC
concentration below the appropriate value in table 1 to this subpart.
(d) Volumetric flow rate. The process vent volumetric flow rate
(QS) in standard cubic meters per minute at 20 [deg]C (68
[deg]F) shall be determined as specified in paragraphs (d)(1) and (2) of
this section and shall be recorded as specified in Sec. 65.66(b):
(1) Use Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60, as
appropriate. If the process vent tested passes through a final steam jet
ejector and is not condensed, the stream volumetric flow shall be
corrected to 2.3 percent moisture; or
(2) The engineering assessment procedures in paragraph (i) of this
section can be used for determining volumetric flow rates.
(e) Heating value. The net heating value shall be determined as
specified in paragraphs (e)(1) and (2) of this section or by using the
engineering assessment procedures in paragraph (i) of this section.
(1) The net heating value of the process vent shall be calculated
using Equation 64-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.001
Where:
HT = Net heating value of the sample, megajoule per standard
cubic meter, where the net enthalpy per mole of process vent is based on
combustion at 25 [deg]C and 760 millimeters of mercury, but the standard
temperature for determining the volume corresponding to 1 mole is 20
[deg]C as in the definition of QS (process vent volumetric
flow rate).
K1 = Constant, 1.740 x 10-7 (parts per
million)-1 (gram-mole per standard cubic meter) (megajoule
per kilocalorie), where
[[Page 58]]
standard temperature for (gram-mole per standard cubic meter) is 20
[deg]C.
n = Number of components in the sample.
Dj = Concentration on a wet basis of compound j in parts per
million as measured by procedures indicated in paragraph (e)(2) of this
section. For process vents that pass through a final steam jet and are
not condensed, the moisture is assumed to be 2.3 percent by volume.
Hj = Net heat of combustion of compound j, kilocalorie per
gram-mole, based on combustion at 25 [deg]C and 760 millimeters of
mercury. The heat of combustion of process vent components shall be
determined using American Society for Testing and Materials (ASTM)
D2382-76 (incorporated by reference as specified in Sec. 65.13) if
published values are not available or cannot be calculated.
(2) The molar composition of the process vent (Dj) shall
be determined using the following methods:
(i) Method 18 of appendix A of 40 CFR part 60 to measure the
concentration of each organic compound.
(ii) American Society for Testing and Materials (ASTM) D1946-77
(incorporated by reference as specified in Sec. 65.13) to measure the
concentration of carbon monoxide and hydrogen.
(iii) Method 4 of appendix A of 40 CFR part 60 to measure the
moisture content of the stack gas.
(f) TOC or HAP emission rate. The emission rate of TOC (minus
methane and ethane) (ETOC) and/or the emission rate of total
organic HAP (EHAP) in the process vent as required by the TRE
index value equation specified in paragraph (h) of this section, shall
be calculated using Equation 64.3 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.002
Where:
E = Emission rate of TOC (minus methane and ethane) (ETOC) or
emission rate of total organic HAP (EHAP) in the sample,
kilograms per hour.
K2 = Constant, 2.494 x 10-6 (parts per million)
(gram-mole per standard cubic meter) (kilogram per gram) (minutes per
hour), where standard temperature for (gram-mole per standard cubic
meter) is 20 [deg]C.
n = Number of components in the sample.
Cj = Concentration on a dry basis of organic compound j in
parts per million as measured by Method 18 of appendix A of 40 CFR part
60 as indicated in paragraph (c) of this section. If the TOC emission
rate is being calculated, Cj includes all organic compounds
measured minus methane and ethane; if the total organic HAP emission
rate is being calculated, only organic HAP compounds are included.
Mj = Molecular weight of organic compound j, gram/gram-mole.
Qs = Process vent flow rate, dry standard cubic meter per
minute, at a temperature of 20 [deg]C.
(g) Halogenated vent determination. In order to determine whether a
process vent is halogenated, the mass emission rate of halogen atoms
contained in organic compounds shall be calculated according to the
procedures specified in paragraphs (g)(1) and (2) of this section. A
process vent is considered halogenated if the mass emission rate of
halogen atoms contained in the organic compounds is equal to or greater
than 0.45 kilogram per hour (0.99 pound per hour).
(1) The process vent concentration of each organic compound
containing halogen atoms (parts per million by volume, by compound)
shall be determined based on one of the following procedures:
(i) Process knowledge that no halogen or hydrogen halides are
present in the process vent; or
(ii) Applicable engineering assessment as discussed in paragraph
(i)(3) of this section; or
(iii) Concentration of organic compounds containing halogens
measured by Method 18 of appendix A of 40 CFR part 60; or
(iv) Any other method or data that have been validated according to
the applicable procedures in Method 301 of appendix A of 40 CFR part 63.
(2) Equation 64-4 of this section shall be used to calculate the
mass emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR14DE00.003
Where:
E = Mass of halogen atoms, dry basis, kilogram per hour.
K2 = Constant, 2.494 x 10- 6 (parts per
million)-1 (kilogram-mole per standard cubic meter) (minute
per hour), where standard temperature is 20 [deg]C.
[[Page 59]]
Q = Flow rate of gas stream, dry standard cubic meters per minute,
determined according to paragraph (d) or (i) of this section.
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas stream.
i = Halogen atom i in compound j of the gas stream.
Cj = Concentration of halogenated compound j in the gas
stream, dry basis, parts per million by volume.
Lji = Number of atoms of halogen i in compound j of the gas
stream.
Mji = Molecular weight of halogen atom i in compound j of the
gas stream, kilogram per kilogram-mole.
(h) TRE index value. The owner or operator shall calculate the TRE
index value of the process vent using the equations and procedures
specified in paragraphs (h)(1) through (3) of this section, as
applicable, and shall maintain the records specified in Sec. 65.66(a) or
Sec. 65.66(d)(4), as applicable.
(1) TRE index value equation. Equation 64-5 of this section shall be
used to calculate the TRE index:
[GRAPHIC] [TIFF OMITTED] TR14DE00.022
Where:
TRE = TRE index value.
A, B, C, D, E, and F = Parameters presented in tables 2 and 3 of this
subpart that include the following variables:
Q = Process vent flow rate, standard cubic meters per minute, at a
standard temperature of 20 [deg]C, as calculated according to paragraph
(d) or (i) of this section.
H = Process vent net heating value, megajoules per standard cubic meter,
as calculated according to paragraph (e) or (i) of this section.
ETOC = Emission rate of TOC (minus methane and ethane),
kilograms per hour, as calculated according to paragraph (f) or (i) of
this section.
EHAP = Emission rate of total organic HAP, kilograms per
hour, as calculated according to paragraph (f) or (i) of this section.
(2) Nonhalogenated process vents. The owner or operator of a
nonhalogenated process vent shall calculate the TRE index value using
either one of the following procedures, as applicable:
(i) TRE calculations: Part 60 regulated sources. Use the parameters
in table 2 to this subpart and calculate the TRE index value twice, once
using the appropriate equation (depending on the heating value and flow
rate of the process vent) in equations 15 through 30 and once using the
appropriate equation (depending on the heating value of the process
vent) in equations 31 and 32. Select the lowest TRE index value.
(ii) TRE calculations: Part 63 regulated sources. Use the equation
and parameters in table 3 to this subpart and calculate the TRE index
value using equations 34, 35, and 36 for process vents at existing
sources; or equations 38, 39, and 40 for process vents at new sources.
Select the lowest TRE index value.
(3) Halogenated process vents. The owner or operator of a
halogenated process vent stream as determined according to procedures
specified in paragraph (g) of this section shall calculate the TRE index
value using either one of the following procedures, as applicable:
(i) TRE Calculations: Part 60 regulated sources. Use the parameters
in table 2 to this subpart and calculate the TRE index value using the
appropriate equation chosen from equations 1 through 14 depending on the
heating value and flow rate of the process vent.
(ii) TRE calculations: Part 63 regulated sources. Use the
appropriate parameters in table 3 to this subpart and calculate the TRE
index value using equation 33 or 37 depending on whether the process
vent is at a new or existing source.
(i) Engineering assessment. For purposes of TRE index value
determination, engineering assessment may be used to determine process
vent flow rate, net heating value, TOC emission rate, and total organic
HAP emission rate for the representative operating condition expected to
yield the lowest TRE index value. Engineering assessments shall meet the
requirements of
[[Page 60]]
paragraphs (i)(1) through (4) of this section. If process vent flow rate
or process vent organic HAP or TOC concentration is being determined for
comparison with the 0.011 scmm (0.40 standard cubic foot) flow rate or
the applicable concentration value in table 1 to this subpart,
engineering assessment may be used to determine the flow rate or
concentration for the representative operating condition expected to
yield the highest flow rate or concentration.
(1) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (h) of this
section is greater than 4.0, then the owner or operator is not required
to perform the measurements specified in paragraphs (c) through (g) of
this section.
(2) If the TRE index value calculated using such engineering
assessment and the TRE index value equation in paragraph (h) of this
section is less than or equal to 4.0, then the owner or operator is
required either to perform the measurements specified in paragraphs (c)
through (g) of this section for group determination or to consider the
process vent a Group 1 process vent and comply with the requirement (or
standard) specified in Sec. 65.63(a) and, if applicable, Sec. 65.63(b).
(3) Engineering assessment includes, but is not limited to, the
examples specified in paragraphs (i)(3)(i) through (iv) of this section.
(i) Previous test results provided the tests are representative of
current operating practices at the process unit.
(ii) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(iii) Maximum flow rate, TOC emission rate, organic HAP emission
rate, organic HAP or TOC concentration, or net heating value limit
specified or implied within a permit limit applicable to the process
vent.
(iv) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties. Examples of analytical methods include, but are not
limited to, the following examples:
(A) Use of material balances based on process stoichiometry to
estimate maximum TOC or organic HAP concentrations;
(B) Estimation of maximum flow rate based on physical equipment
design such as pump or blower capacities;
(C) Estimation of TOC or organic HAP concentrations based on
saturation conditions; and
(D) Estimation of maximum expected net heating value based on the
stream concentration of each organic compound or, alternatively, as if
all TOC in the stream were the compound with the highest heating value.
(4) All data, assumptions, and procedures used in the engineering
assessment shall be documented. The owner or operator shall maintain the
records specified in Sec. 65.66(a), (b), (c), or (d), as applicable.
Sec. 65.65 Monitoring.
(a) An owner or operator of a Group 2A process vent maintaining a
TRE index value greater than 1.0 without a recovery device shall monitor
based on the approved plan as specified in Sec. 65.63(d).
(b) As required in Sec. 65.63(a) and (c), an owner or operator of a
Group 2A process vent maintaining a TRE index value greater than 1.0
with a recovery device or a Group 1 process vent shall comply with
Sec. 65.142(b).
Sec. 65.66 Recordkeeping provisions.
(a) TRE index value records. The owner or operator shall maintain
records of measurements, engineering assessments, and calculations
performed to determine the TRE index value of the process vent according
to the procedures of Sec. 65.64(h), including those records associated
with halogen vent stream determination. Documentation of engineering
assessments shall include all data, assumptions, and procedures used for
the engineering assessments, as specified in Sec. 65.64(i). As specified
in Sec. 65.67(a), the owner or operator shall include this information
in the Initial Compliance Status Report.
(b) Flow rate records. Each owner or operator who elects to
demonstrate that a process vent is Group 2B based on a flow rate less
than 0.011 standard cubic meter per minute (0.40 standard
[[Page 61]]
cubic foot per minute) shall record the flow rate as measured using the
sampling site and flow rate determination procedures specified in
Sec. 65.64(b) and (d) or determined through engineering assessment as
specified in Sec. 65.64(i). As specified in Sec. 65.67(a), the owner or
operator shall include this information in the Initial Compliance Status
Report.
(c) Concentration records. Each owner or operator who elects to
demonstrate that a process vent is Group 2B based on a concentration
less than the applicable criteria in table 1 to this subpart shall
record the organic HAP or TOC concentration as measurement using the
sampling site and HAP or TOC concentration determination procedures
specified in Sec. 65.64(b) and (c) or determined through engineering
assessment as specified in Sec. 65.64(i). As specified in Sec. 65.67(a),
the owner or operator shall include this information in the Initial
Compliance Status Report.
(d) Process change records. The owner or operator shall keep up-to-
date, readily accessible records as specified in the following and shall
report this information as specified in Sec. 65.67(b):
(1) If the process vent is Group 2B on the basis of flow rate being
less than 0.011 scmm (0.40 standard cubic foot), then the owner or
operator shall keep records of any process changes as defined in
Sec. 65.63(f) that increase the process vent flow rate and any
recalculation or measurement of the flow rate pursuant to Sec. 65.63(f).
(2) If the process vent is Group 2B on the basis of organic HAP or
TOC concentration being less than the applicable value in table 1 to
this subpart, then the owner or operator shall keep records of any
process changes as defined in Sec. 65.63(f) that increase the organic
HAP or TOC concentration of the process vent and any recalculation or
measurement of the concentration pursuant to Sec. 65.63(f).
(3) If the process vent is Group 2A or Group 2B on the basis of the
TRE index value being greater than 1.0, then the owner or operator shall
keep records of any process changes as defined in Sec. 65.63(f) and any
recalculation of the TRE index value pursuant to Sec. 65.63(f).
(4) As a result of a process change, if a process vent that was
Group 2B on any basis becomes a Group 2B process vent only on the basis
of having a TRE greater than 4.0, then the owner or operator shall keep
records of the TRE index value determination performed according to the
sample site and TRE index value determination procedures of
Sec. 65.64(b)(1) and (h) or determined through engineering assessment as
specified in Sec. 65.64(i).
(e) Other Group 2A records. An owner or operator of a Group 2A
process vent maintaining a TRE index value greater than 1.0 without a
recovery device shall record the parameters monitored based on the
approved plan as specified in Sec. 65.63(d).
Sec. 65.67 Reporting provisions.
(a) Initial compliance status report. The owner or operator shall
submit as part of the Initial Compliance Status Report specified in
Sec. 65.5(d) the information recorded in Sec. 65.66(a), (b), and (c), as
applicable.
(b) Process change. (1) Whenever a process change, as described in
Sec. 65.63(f), is made that causes a Group 2A or 2B process vent to
become a Group 1 process vent or a Group 2B process vent to become a
Group 2A process vent, the owner or operator shall either submit a
report within 60 days after the performance test or group determination
or submit a report included as part of the next periodic report. The
report shall include the following information:
(i) A description of the process change;
(ii) The results of the recalculation of the flow rate, organic HAP
or TOC concentration, and/or TRE index value required under
Sec. 65.63(f) and recorded under Sec. 65.66(d); and
(iii) A statement that the owner or operator will comply with the
provisions of Sec. 65.63 by the schedules specified in Sec. 65.63(f)(4)
through (6).
(2) For process vents that become Group 1 process vents after a
process change requiring a performance test to be conducted for the
control device being used as specified in subpart G of this part, the
owner or operator shall specify that the performance test has become
necessary due to a process change. This specification shall be
[[Page 62]]
made in the notification to the Administrator of the intent to conduct a
performance test as provided in Sec. 65.164(b)(1).
(3) Whenever a process change as described in Sec. 65.63(f) is made
that changes the group status of a process vent from Group 1 to Group
2A, or from Group 1 to Group 2B, or from Group 2A to Group 2B, the owner
or operator shall include a statement in the next periodic report after
the process change that a process change has been made and the new group
status of the process vents.
(4) The owner or operator is not required to submit a report of a
process change if one of the following conditions is met:
(i) The change does not meet the definition of a process change in
Sec. 65.63(f); or
(ii) For a Group 2B process vent, the vent stream flow rate is
recalculated according to Sec. 65.63(f) and the recalculated value is
less than 0.011 standard cubic meter per minute (0.40 standard cubic
foot per minute); or
(iii) For a Group 2B process vent, the organic HAP or TOC
concentration of the vent stream is recalculated according to
Sec. 65.63(f), and the recalculated value is less than the applicable
value in table 1 to this subpart; or
(iv) For a Group 2B process vent, the TRE index value is
recalculated according to Sec. 65.63(f) and the recalculated value is
greater than 4.0.
(c) Parameters for Group 2A without a recovery device. An owner or
operator of a Group 2A process vent maintaining a TRE index value
greater than 1.0 without using a recovery device shall report the
information specified in the approved plan under Sec. 65.63(d).
Secs. 65.68-65.79 [Reserved]
Table 1 to Subpart D of Part 65--Concentration for Group Determination
------------------------------------------------------------------------
Referencing subpart Concentration \1\
------------------------------------------------------------------------
Subpart III of Part 60................... NA.
Subpart NNN of Part 60................... 300 ppmv of TOC.
Subpart RRR of Part 60................... 300 ppmv of TOC.
Subpart G of Part 63..................... 50 ppmv of HAP \2\.
------------------------------------------------------------------------
\1\ The 50 ppm HAP concentration cutoff only applies to 40 CFR part 63,
subpart G sources. Process vents subject to only 40 CFR part 60,
subparts RRR or NNN are eligible for the 300 ppm TOC cutoff. There is
no concentration cutoff for subpart III sources. The process vent
provisions of subpart DDD are not consolidated under this subpart.
\2\ For process vents subject to subpart G of 40 CFR part 63, the owner
or operator may measure HAP or TOC concentration with regard to the
low concentration exemption provisions of this part.
[[Page 63]]
Table 2 to Subpart D of Part 65--TRE Parameters for NSPS Referencing
Subparts\a\
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Net heating Values of terms for TRE equation: TRE=A * [ B + C + D + E + F ]
Halogenated vent stream? value (MJ/ Vent stream flow rate ------------------------------------------------------------------------------------------------------------ Equation
scm)\b\ (scm/min)\c\ A B C D E F number
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Yes............................ 0[le] H [le]3.5 Q <14.2 1/ETOC 30.96334 0 0 -0.13064QH 0 1
14.2[le] Q [le]18.8 1/ETOC 19.18370 0.27580Q 0.757620Q0.88 -0.13064QH 0.01025Q0.5 2
18.8< Q [le]699 1/ETOC 20.00563 0.27580Q 0.303870Q0.88 -0.13064QH 0.01025Q0.5 3
699< Q [le]1400 1/ETOC 39.87022 0.29973Q 0.303870Q0.88 -0.13064QH 0.01449Q0.5 4
1400< Q [le]2100 1/ETOC 59.73481 0.31467Q 0.303870Q0.88 -0.13064QH 0.01775Q0.5 5
2100< Q [le]2800 1/ETOC 79.59941 0.32572Q 0.303870Q0.88 -0.13064QH 0.02049Q0.5 6
2800< Q [le]3500 1/ETOC 99.46400 0.33456Q 0.303870Q0.88 -0.13064QH 0.02291Q0.5 7
H 3.5 Q <14.2 1/ETOC 20.61052 0 0 0 0 8
14.2[le] Q [le]18.8 1/ETOC 18.84466 0.26742Q -0.200440Q0.88 0 0.01025Q0.5 9
18.8< Q [le]699 1/ETOC 19.66658 0.26742Q -0.253320Q0.88 0 0.01025Q0.5 10
699< Q [le]1400 1/ETOC 39.19213 0.29062Q -0.253320Q0.88 0 0.01449Q0.5 11
1400< Q [le]2100 1/ETOC 58.71768 0.30511Q -0.253320Q0.88 0 0.01775Q0.5 12
2100< Q [le]2800 1/ETOC 78.24323 0.31582Q -0.253320Q0.88 0 0.02049Q0.5 13
2800< Q [le]3500 1/ETOC 97.76879 0.32439Q -0.253320Q0.88 0 0.02291Q0.5 14
No............................ 0[le] H [le]0.48 Q <14.2 1/ETOC 11.01250 0 0 -0.17109QH 0 15
14.2[le] Q [le]1340 1/ETOC 8.54245 0.10555Q 0.090300Q0.88 -0.17109QH 0.01025Q0.5 16
1340< Q [le]2690 1/ETOC 16.94386 0.11470Q 0.090300Q0.88 -0.17109QH 0.01449Q0.5 17
2690< Q [le]4040 1/ETOC 25.34528 0.12042Q 0.090300Q0.88 -0.17109QH 0.01775Q0.5 18
0.48< H [le]1.9 Q <14.2 1/ETOC 13.45630 0 0 -0.16181QH 0 19
14.2[le] Q [le]1340 1/ETOC 9.25233 0.06105Q 0.319370Q0.88 -0.16181QH1 0.01025Q0.5 20
1340< Q [le]2690 1/ETOC 18.36363 0.06635Q 0.319370Q0.88 -0.16181QH 0.01449Q0.5 21
2690< Q [le]4040 1/ETOC 27.47492 0.06965Q 0.319370Q0.88 -0.16181QH 0.01775Q0.5 22
1.9< H [le]3.6 Q <14.2 1/ETOC 7.96988 0 0 0 0 23
14.2[le] Q [le]1180 1/ETOC 6.67868 0.06943Q 0.025820Q0.88 0 0.01025Q0.5 24
1180< Q [le]2370 1/ETOC 13.21633 0.07546Q 0.025820Q0.88 0 0.01449Q0.5 25
2370< Q [le]3550 1/ETOC 19.75398 0.07922Q 0.025820Q0.88 0 0.01775Q0.5 26
H 3.6 Q <14.2 1/ETOC 6.67868 0 0.02220Q0.88H0.88 -0.00707QH 0.02036H0.5 27
Q [ge]14.2 and 1/ETOC 6.67868 0 0.02220Q0.88H0.88 -0.00707QH 0.00540Q0.5H0.5 28
14.2[le] Q*(H/3.6)
[le]1180
Q [ge]14.2 and 1/ETOC 13.21633 0 0.02412Q0.88H0.88 -0.00707QH 0.00764Q0.5H0.5 29
1180< Q*(H/3.6)
[le]2370
Q [ge]14.2 and 1/ETOC 19.75398 0 0.02533Q0.88H0.88 -0.00707QH 0.00936Q0.5H0.5 30
2370< Q*(H/3.6)
[le]3550
--------------------------------
No............................ 0[le] H <11.2 All 1/ETOC 2.08 2.25Q 0.288Q0.8 -0.193QH -0.0051ETOC 31
[[Page 64]]
H [ge]11.2 All 1/ETOC 2.08 0.309Q 0.0619Q0.8 -0.0043QH -0.0043ETOC 32
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Use according to procedures outlined in Sec. 65.64(h).
\b\ MJ/scm = mega Joules per standard cubic meter.
\c\ scm/min = standard cubic meters per minute.
Table 3 to Subpart D of Part 65--TRE Parameters for HON Referencing Subpartsa
--------------------------------------------------------------------------------------------------------------------------------------------------------
Values of terms for TRE equation: TRE = A * [ B + C + D + E + F ]
Halogenated ---------------------------------------------------------------------------------------------------------
Existing or new? vent stream? Equation
A B C D E F number
--------------------------------------------------------------------------------------------------------------------------------------------------------
Existing..................... Yes............ 1/EHAP 3.995 0.05200Q 0 -0.001769H 0.0009700ETOC 33
No............. 1/EHAP 1.935 0.3660Q 0 -0.007687H -0.000733ETOC 34
1/EHAP 1.492 0.06267Q 0 0.03177H -0.001159ETOC 35
1/EHAP 2.519 0.01183Q 0 0.01300H 0.04790ETOC 36
New.......................... Yes............ 1/EHAP 1.0895 0.01417Q 0 -0.000482H 0.0002645ETOC 37
No............. 1/EHAP 0.5276 0.0998Q 0 -0.002096H -0.0002000ETOC 38
1/EHAP 0.4068 0.0171Q 0 0.008664H -0.000316ETOC 39
1/EHAP 0.6868 0.00321Q 0 0.003546H 0.01306ETOC 40
--------------------------------------------------------------------------------------------------------------------------------------------------------
a Use according to procedures outlined in Sec. 65.64(h).
[[Page 65]]
Subpart E--Transfer Racks
Sec. 65.80 Applicability.
(a) The provisions of this subpart and of subpart A of this part
apply to control of regulated material emissions from transfer racks
where a referencing subpart references the use of this subpart for such
emissions control.
(b) If a physical or process change is made that causes a transfer
rack to fall outside the criteria in the referencing subpart that
required the transfer rack to control emission of regulated material,
the owner or operator may elect to comply with the provisions for
transfer racks not subject to control contained in the referencing
subpart instead of the provisions of this subpart.
Sec. 65.81 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of this
part for purposes of this subpart.
Sec. 65.82 Design requirements.
(a) The owner or operator shall equip each transfer rack with either
one of the following equipment:
(1) A closed vent system which routes the regulated material vapors
to a control device as provided in Sec. 65.83(a)(1) and (2).
(2) Process piping which routes the regulated material vapors to a
process or a fuel gas system as provided in Sec. 65.83(a)(4), or to a
vapor balance system as provided in Sec. 65.83(a)(3).
(b) Each closed vent system shall be designed to collect the
regulated material displaced from tank trucks or railcars during loading
and to route the collected regulated material to a control device as
provided in Sec. 65.83(a)(1) and (2).
(c) Process piping shall be designed to collect the regulated
material displaced from tank trucks or railcars during loading and to
route the collected regulated material vapors to a process or a fuel gas
system as provided in Sec. 65.83(a)(4), or to a vapor balance system as
provided in Sec. 65.83(a)(3).
(d) Each closed vent system shall meet the applicable requirements
of Sec. 65.143.
(e) If the collected regulated material vapors are routed to a
process or a fuel gas system as provided in Sec. 65.83(a)(4), then each
owner or operator shall meet the applicable requirements of
Sec. 65.142(c).
Sec. 65.83 Performance requirements.
(a) The owner or operator of the transfer rack shall comply with
paragraph (a)(1), (2), (3), or (4) of this section.
(1) 98 Percent or 20 parts per million by volume standard. Use a
control device to reduce emissions of regulated material by 98 weight-
percent or to an exit concentration of 20 parts per million by volume,
whichever is less stringent. For combustion devices, the emission
reduction or concentration shall be calculated on a dry basis, corrected
to 3 percent oxygen. The owner or operator shall meet the applicable
requirements of Sec. 65.142(c). Compliance may be achieved by using any
combination of control devices.
(2) Flare. Reduce emissions of regulated material using a flare
meeting the applicable requirements of Sec. 65.142(c).
(3) Vapor balancing. Reduce emissions of regulated material using a
vapor balancing system designed and operated to collect regulated
material vapors displaced from tank trucks or railcars during loading;
and to route the collected regulated material vapors to the storage
vessel from which the liquid being loaded originated, or to another
storage vessel connected to a common header, or to compress and route
collected regulated material vapors to a process. Transfer racks for
which the owner or operator is using a vapor balancing system are exempt
from the closed vent system design requirements of Sec. 65.82(b) and
(d), the halogenated vent stream control requirements of paragraph (b)
of this section, the control device operation requirements of
Sec. 65.84(b), the monitoring requirements of Sec. 65.86, and the
requirements of subpart G of this part.
[[Page 66]]
(4) Route to a process or fuel gas system. Route emissions of
regulated material to a process or fuel gas system. The owner or
operator shall meet the applicable requirements of Sec. 65.142(c) and is
exempt from the closed vent system design requirements of paragraphs
Sec. 65.82(b) and (d), the halogenated vent stream control requirements
of paragraph (b) of this section, the control device operation
requirements of Sec. 65.84(b), and the monitoring requirements of
Sec. 65.86. If the emissions are routed to a process, the regulated
material in the emissions shall predominantly meet one of, or a
combination of, the ends specified in the following:
(i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
(ii) Transformed by chemical reaction into materials that are not
regulated materials;
(iii) Incorporated into a product; and/or
(iv) Recovered.
(b) Additional control requirements for halogenated vent streams.
Halogenated vent streams from transfer racks that are combusted shall be
controlled according to paragraph (b)(1) or (2) of this section. The
owner or operator shall either designate the transfer rack vent stream
as a halogenated vent stream or shall determine whether the vent stream
is halogenated using the procedures specified in Sec. 65.85(c). If
determined, the halogen concentration in the vent stream shall be
recorded and reported in the Initial Compliance Status Report as
specified in Sec. 65.160(d). If the owner or operator designates the
vent stream as a halogenated vent stream, then this shall also be
recorded and reported in the Initial Compliance Status Report.
(1) Halogen reduction device following combustion. If a combustion
device is used to comply with paragraph (a)(1) of this section for a
halogenated vent stream, then the vent stream exiting the combustion
device shall be ducted to a halogen reduction device including, but not
limited to, a scrubber before it is discharged to the atmosphere, and
the halogen reduction device shall meet the requirements of paragraph
(b)(1)(i) or (ii) of this section, as applicable. The halogenated vent
stream shall not be combusted using a flare.
(i) Except as provided in paragraph (b)(1)(ii) of this section, the
halogen reduction device shall reduce overall emissions of hydrogen
halides and halogens by 99 percent or shall reduce the outlet mass
emission rate of total hydrogen halides and halogens to 0.45 kilogram
per hour (0.99 pound per hour) or less, whichever is less stringent. The
owner or operator shall meet the applicable requirements of
Sec. 65.142(c).
(ii) If a scrubber or other halogen reduction device was installed
prior to December 31, 1992, the halogen reduction device shall reduce
overall emissions of hydrogen halides and halogens by 95 percent or
shall reduce the outlet mass of total hydrogen halides and halogens to
less than 0.45 kilogram per hour (0.99 pound per hour), whichever is
less stringent. The owner or operator shall meet the applicable
requirements of Sec. 65.142(c).
(2) Halogen reduction device prior to combustion. A halogen
reduction device, such as a scrubber, or other technique may be used to
make the vent stream nonhalogenated by reducing the vent stream halogen
atom mass emission rate to less than 0.45 kilogram per hour (0.99 pound
per hour) prior to any combustion control device used to comply with the
requirements of paragraph (a)(1) or (2) of this section. The mass
emission rate of halogen atoms contained in organic compounds prior to
the combustor shall be determined according to the procedures in
Sec. 65.85(c). The owner or operator shall maintain the record specified
in Sec. 65.160(d) and submit the report specified in Sec. 65.165(d).
Sec. 65.84 Operating requirements.
(a) Closed vent systems or process piping. An owner or operator of a
transfer rack shall operate it in such a manner that emissions are
routed through the equipment specified in either paragraph (a)(1) or (2)
of this section.
(1) A closed vent system which routes the regulated material vapors
to a control device as provided in Sec. 65.83(a)(1) and (2).
(2) Process piping which routes the regulated material vapors to a
process or a fuel gas system as provided in
[[Page 67]]
Sec. 65.83(a)(4) or to a vapor balance system as provided in
Sec. 65.83(a)(3).
(b) Control device operation. Whenever regulated material emissions
are vented to a control device used to comply with the provisions of
this subpart, such control device shall be operating.
(c) Tank trucks and railcars. The owner or operator shall load
regulated material only into tank trucks and railcars that meet one of
the following two requirements and shall maintain the records specified
in Sec. 65.87:
(1) Have a current certification in accordance with the U.S.
Department of Transportation (DOT) pressure test requirements of 49 CFR
part 180 for tank trucks and 49 CFR 173.31 for railcars; or
(2) Have been demonstrated to be vapor-tight within the preceding 12
months as determined by the procedures in Sec. 65.85(a). Vapor-tight
means that the pressure in a truck or railcar tank will not drop more
than 750 pascals (0.11 pound per square inch) within 5 minutes after it
is pressurized to a minimum of 4,500 pascals (0.65 pound per square
inch).
(d) Pressure relief device. The owner or operator of a transfer rack
subject to the provisions of this subpart shall ensure that no pressure
relief device in the loading equipment of each tank truck or railcar
shall begin to open to the atmosphere during loading. Pressure relief
devices needed for safety purposes are not subject to paragraph (d) of
this section.
(e) Compatible system. The owner or operator of a transfer rack
subject to the provisions of this subpart shall load regulated material
only to tank trucks or railcars equipped with a vapor collection system
that is compatible with the transfer rack's closed vent system or
process piping.
(f) Loading while systems connected. The owner or operator of a
transfer rack subject to this subpart shall load regulated material only
to tank trucks or railcars whose collection systems are connected to the
transfer rack's closed vent systems or process piping.
Sec. 65.85 Procedures.
(a) Vapor tightness. For the purposes of demonstrating vapor
tightness to determine compliance with Sec. 65.84(c)(2), the following
procedures and equipment shall be used:
(1) The pressure test procedures specified in Method 27 of appendix
A of 40 CFR part 60; and
(2) A pressure measurement device that has a precision of
[plusmn]2.5 millimeters of mercury (0.10 inch) or better and that is
capable of measuring above the pressure at which the tank truck or
railcar is to be tested for vapor tightness.
(b) Engineering assessment. Engineering assessment to determine if a
vent stream is halogenated or flow rate of a gas stream includes, but is
not limited to, the following examples:
(1) Previous test results, provided the tests are representative of
current operating practices at the process unit.
(2) Bench-scale or pilot-scale test data representative of the
process under representative operating conditions.
(3) Maximum flow rate or halogen emission rate specified or implied
within a permit limit applicable to the process vent.
(4) Design analysis based on accepted chemical engineering
principles, measurable process parameters, or physical or chemical laws
or properties.
(5) All data, assumptions, and procedures used in the engineering
assessment shall be documented.
(c) Halogenated vent stream determination. In order to determine
whether a vent stream is halogenated, the mass emission rate of halogen
atoms contained in organic compounds shall be calculated as specified in
paragraphs (c)(1) and (2) of this section.
(1) The vent stream concentration of each organic compound
containing halogen atoms (parts per million by volume by compound) shall
be determined based on any of the following procedures:
(i) Process knowledge that no halogen or hydrogen halides are
present in the vent stream; or
(ii) Applicable engineering assessment as specified in paragraph (b)
of this section; or
(iii) Concentration of organic compounds containing halogens
measured by Method 18 of appendix A of 40 CFR part 60; or
[[Page 68]]
(iv) Any other method or data that have been validated according to
the applicable procedures in Method 301 of appendix A of 40 CFR part 63.
(2) Equation 85-1 of this section shall be used to calculate the
mass emission rate of halogen atoms:
[GRAPHIC] [TIFF OMITTED] TR14DE00.004
Where:
E = Mass of halogen atoms, dry basis, kilograms per hour.
K2 = Constant, 2.494 x 10-6 (parts per
million)-1 (kilogram-mole per standard cubic meter) (minute/
hour), where standard temperature is 20 [deg]C.
Vs = Flow rate of gas stream, dry standard cubic meters per
minute, determined according to Method 2, 2A, 2C, or 2D of appendix A of
40 CFR part 60, as appropriate, or determined using engineering
assessment as specified in paragraph (b) of this section.
n = Number of halogenated compounds j in the gas stream.
j = Halogenated compound j in the gas stream.
m = Number of different halogens i in each compound j of the gas stream.
i = Halogen atom i in compound j of the gas stream.
Cj = Concentration of halogenated compound j in the gas
stream, dry basis, parts per million by volume.
Lji = Number of atoms of halogen i in compound j of the gas
stream.
Mji = Molecular weight of halogen atom i in compound j of the
gas stream, kilogram per kilogram-mole.
Sec. 65.86 Monitoring.
The owner or operator of a transfer rack equipped with a closed vent
system and control device pursuant to Sec. 65.83(a)(1) or (2) shall
monitor the closed vent system and control device as required under the
applicable paragraphs specified in Sec. 65.142(c).
Sec. 65.87 Recordkeeping provisions.
The owner or operator of a transfer rack shall record that either
the verification of U.S. Department of Transportation (DOT) tank
certification or Method 27 of appendix A of 40 CFR part 60 testing
required in Sec. 65.84(c) has been performed. Various methods for the
record of verification can be used, such as a check off on a log sheet,
a list of DOT serial numbers or Method 27 data, or a position
description for gate security showing that the security guard will not
allow any trucks on-site that do not have the appropriate documentation.
Secs. 65.88-65.99 [Reserved]
Subpart F--Equipment Leaks
Sec. 65.100 Applicability.
(a) Equipment subject to this subpart. The provisions of this
subpart and subpart A of this part apply to equipment that contains or
contacts regulated material. Compliance with this subpart instead of the
referencing subpart does not alter the applicability of the referencing
subpart. This subpart applies only to the equipment to which the
referencing subpart applies. This part does not extend applicability to
equipment that is not regulated by the referencing subpart.
(b) Equipment in vacuum service. Equipment in vacuum service is
excluded from the requirements of this subpart.
(c) Equipment in service less than 300 hours per calendar year.
Equipment intended to be in regulated material service less than 300
hours per calendar year is excluded from the requirements of
Secs. 65.106 through 65.115 and Sec. 65.117 if it is identified as
required in Sec. 65.103(b)(6).
(d) Lines and equipment not containing process fluids. Lines and
equipment not containing process fluids are not subject to the
provisions of this subpart. Utilities and other nonprocess lines, such
as heating and cooling systems that do not combine their materials with
those in the processes they serve, are not considered to be part of a
process unit.
[[Page 69]]
Sec. 65.101 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of this
part for purposes of this subpart.
Sec. 65.102 Alternative means of emission limitation.
(a) Performance standard exemption. The provisions of paragraph (b)
of this section do not apply to the performance standards of
Sec. 65.111(b) for pressure relief devices or Sec. 65.112(f) for
compressors operating under the alternative compressor standard.
(b) Requests by owners or operators. An owner or operator may
request a determination of alternative means of emission limitation to
the requirements of Secs. 65.106 through 65.115 as provided in paragraph
(d) of this section. If the Administrator makes a determination that a
means of emission limitation is a permissible alternative, the owner or
operator shall either comply with the alternative or comply with the
requirements of Secs. 65.106 through 65.115.
(c) Requests by manufacturers of equipment. (1) Manufacturers of
equipment used to control equipment leaks of a regulated material may
apply to the Administrator for approval of an alternative means of
emission limitation that achieves a reduction in emissions of the
regulated material equivalent to the reduction achieved by the
equipment, design, and operational requirements of this subpart.
(2) The Administrator will grant permission according to the
provisions of paragraph (d) of this section.
(d) Permission to use an alternative means of emission limitation.
Permission to use an alternative means of emission limitation shall be
governed by the procedures in paragraph (d)(1) through (4) of this
section.
(1) Where the standard is an equipment, design, or operational
requirement, the following requirements apply:
(i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying emission performance test data for an
alternative means of emission limitation.
(ii) The Administrator will compare test data for the means of
emission limitation to test data for the equipment, design, and
operational requirements.
(iii) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve at
least the same emission reduction as the equipment, design, and
operational requirements of this subpart.
(2) Where the standard is a work practice, the following
requirements apply:
(i) Each owner or operator applying for permission to use an
alternative means of emission limitation shall be responsible for
collecting and verifying test data for the alternative.
(ii) The owner or operator shall demonstrate the emission reduction
achieved by the required work practice and the proposed alternative
means of emission limitation.
(iii) The Administrator will compare the demonstrated emission
reduction for the alternative means of emission limitation to the
demonstrated emission reduction for the required work practices and will
consider the commitment in paragraph (d)(2)(iv) of this section.
(iv) The Administrator may condition the permission on requirements
that may be necessary to ensure operation and maintenance to achieve the
same or greater emission reduction as the required work practices of
this subpart.
(3) An owner or operator may offer a unique approach to demonstrate
the alternative means of emission limitation.
(4) If in the judgment of the Administrator an alternative means of
emission limitation will be approved, the Administrator will publish a
notice of the determination in the Federal Register using the procedures
pursuant to Sec. 65.8(a).
Sec. 65.103 Equipment identification.
(a) General equipment identification. Equipment subject to this
subpart
[[Page 70]]
shall be identified. Identification of the equipment does not require
physical tagging of the equipment. For example, the equipment may be
identified on a plant site plan, in log entries, by designation of
process unit boundaries, by some form of weatherproof identification, or
by other appropriate methods.
(b) Additional equipment identification. In addition to the general
identification required by paragraph (a) of this section, equipment
subject to any of the provisions in Secs. 65.106 through 65.115 shall be
specifically identified as required in paragraphs (b)(1) through (6) of
this section, as applicable. Paragraph (b) of this section does not
apply to an owner or operator of a batch product-process who elects to
pressure test the batch product-process equipment train pursuant to
Sec. 65.117.
(1) Connectors. Except for inaccessible, ceramic, or ceramic-lined
connectors meeting the provisions of Sec. 65.108(e)(2), and
instrumentation systems identified pursuant to paragraph (b)(5) of this
section, identify the connectors subject to the requirements of this
subpart. Connectors subject to Sec. 65.108(e)(3) shall be distinguished
from other connectors. Connectors need not be individually identified if
all connectors in a designated area or length of pipe subject to the
provisions of this subpart are identified as a group, and the number of
connectors subject is indicated. With respect to connectors, the
identification shall be complete no later than the completion of the
initial survey required by Sec. 65.108(a).
(2) [Reserved]
(3) Routed to a process or fuel gas system or equipped with a closed
vent system and control device. Identify the equipment that the owner or
operator elects to route to a process or fuel gas system or equip with a
closed vent system and control device under the provisions of
Sec. 65.107(e)(3) (pumps in light liquid service), Sec. 65.109(e)(3)
(agitators), Sec. 65.111(d) (pressure relief devices in gas/vapor
service), Sec. 65.112(e) (compressors), or Sec. 65.118 (alternative
means of emission limitation for enclosed-vented process units).
(4) Pressure relief devices. Identify the pressure relief devices
equipped with rupture disks under the provisions of Sec. 65.111(e).
(5) Instrumentation systems. Identify instrumentation systems
subject to the provisions of this subpart. Individual components in an
instrumentation system need not be identified.
(6) Equipment in service less than 300 hours per calendar year.
Identify either by list, location (area or group), or other method,
equipment in regulated material service less than 300 hours per calendar
year within a process unit subject to the provisions of this subpart.
(c) Special equipment designations: Equipment that is unsafe or
difficult-to-monitor. (1) Designation and criteria for unsafe-to-
monitor. Valves meeting the provisions of Sec. 65.106(e)(1), pumps
meeting the provisions of Sec. 65.107(e)(6), connectors meeting the
provisions of Sec. 65.108(e)(1), and agitators meeting the provisions of
Sec. 65.109(e)(7) may be designated unsafe-to-monitor if the owner or
operator determines that monitoring personnel would be exposed to an
immediate danger as a consequence of complying with the monitoring
requirements of this subpart.
(2) Designation and criteria for difficult-to-monitor. Valves
meeting the provisions of Sec. 65.106(e)(2) may be designated difficult-
to-monitor if the provisions of paragraph (c)(2)(i) of this section
apply. Agitators meeting the provisions of Sec. 65.109(e)(5) may be
designated difficult-to-monitor if the provisions of paragraph
(c)(2)(ii) of this section apply.
(i) Valves. The owner or operator of the valve: (A) Determines that
the valve cannot be monitored without elevating the monitoring personnel
more than 2 meters (7 feet) above a support surface, or it is not
accessible in a safe manner when it is in regulated material service,
and the process unit within which the valve is located is a regulated
source for which the owner or operator commenced construction,
reconstruction, or modification prior to the compliance date of the
referencing subpart; or
(B) Designates less than 3 percent of the total number of valves
within the process unit as difficult-to-monitor.
(ii) Agitators. The owner or operator determines that the agitator
cannot be monitored without elevating the monitoring personnel more than
2 meters (7
[[Page 71]]
feet) above a support surface, or it is not accessible in a safe manner
when it is in regulated material service.
(3) Identification of unsafe or difficult-to-monitor equipment. The
owner or operator shall record the identity of equipment designated as
unsafe-to-monitor according to the provisions of paragraph (c)(1) of
this section and the planned schedule for monitoring this equipment. The
owner or operator shall record the identity of equipment designated as
difficult-to-monitor according to the provisions of paragraph (c)(2) of
this section, the planned schedule for monitoring this equipment, and an
explanation why the equipment is difficult-to-monitor.
(4) Written plan requirements. (i) The owner or operator of
equipment designated as unsafe-to-monitor according to the provisions of
paragraph (c)(1) of this section shall have a written plan that requires
monitoring of the equipment as frequently as practical during safe-to-
monitor times, but not more frequently than the periodic monitoring
schedule otherwise applicable, and repair of the equipment according to
the procedures in Sec. 65.105 if a leak is detected.
(ii) The owner or operator of equipment designated as difficult-to-
monitor according to the provisions of paragraph (c)(2) of this section
shall have a written plan that requires monitoring of the equipment at
least once per calendar year and repair of the equipment according to
the procedures in Sec. 65.105 if a leak is detected.
(d) Special equipment designations: Equipment that is unsafe to
repair.--(1) Designation and criteria. Connectors subject to the
provisions of Sec. 65.105(e) may be designated unsafe to repair if the
owner or operator determines that repair personnel would be exposed to
an immediate danger as a consequence of complying with the repair
requirements of this subpart, and if the connector will be repaired
before the end of the next process unit shutdown as specified in
Sec. 63.105(e).
(2) Identification of equipment. The identity of connectors
designated as unsafe to repair and an explanation why the connector is
unsafe to repair shall be recorded.
(e) Special equipment designations: Compressors operating with an
instrument reading of less than 500 parts per million. Identify the
compressors that the owner or operator elects to designate as operating
with an instrument reading of less than 500 parts per million under the
provisions of Sec. 65.112(f).
(f) Special equipment designations: Equipment in heavy liquid
service. The owner or operator of equipment in heavy liquid service
shall comply with the requirements of either paragraph (f)(1) or (2) of
this section as provided in paragraph (f)(3) of this section.
(1) Retain information, data, and analyses used to determine that a
piece of equipment is in heavy liquid service.
(2) When requested by the Administrator, demonstrate that the piece
of equipment or process is in heavy liquid service.
(3) A determination or demonstration that a piece of equipment or
process is in heavy liquid service shall include an analysis or
demonstration that the process fluids do not meet the definition of ``in
light liquid service.'' Examples of information that could document this
include, but are not limited to, records of chemicals purchased for the
process, analyses of process stream composition, engineering
calculations, or process knowledge.
Sec. 65.104 Instrument and sensory monitoring for leaks.
(a) Monitoring for leaks. The owner or operator of a regulated
source subject to this subpart shall monitor regulated equipment as
specified in paragraph (a)(1) of this section for instrument monitoring
and paragraph (a)(2) of this section for sensory monitoring.
(1) Instrument monitoring for leaks. (i) Valves in gas/vapor service
and in light liquid service shall be monitored pursuant to
Sec. 65.106(b).
(ii) Pumps in light liquid service shall be monitored pursuant to
Sec. 65.107(b).
(iii) Connectors in gas/vapor service and in light liquid service
shall be monitored pursuant to Sec. 65.108(b).
(iv) Agitators in gas/vapor service and in light liquid service
shall be monitored pursuant to Sec. 65.109(b).
[[Page 72]]
(v) Pressure relief devices in gas/vapor service shall be monitored
pursuant to Sec. 65.111(b) and (c).
(vi) Compressors designated to operate with an instrument reading
less than 500 parts per million as described in Sec. 65.103(e) shall be
monitored pursuant to Sec. 65.112(f).
(2) Sensory monitoring for leaks. (i) Pumps in light liquid service
shall be observed pursuant to Sec. 65.107(b)(4) and (e)(1)(v).
(ii) Agitators in gas/vapor service and in light liquid service
shall be observed pursuant to Sec. 65.109(b)(3) or (e)(1)(v).
(b) Instrument monitoring methods. Instrument monitoring as required
under this subpart shall comply with the requirements specified in
paragraphs (b)(1) through (6) of this section.
(1) Monitoring method. Monitoring shall comply with Method 21 of
appendix A of 40 CFR part 60, except as otherwise provided in this
section.
(2) Detection instrument performance criteria. (i) Except as
provided for in paragraph (b)(2)(ii) of this section, the detection
instrument shall meet the performance criteria of Method 21 of appendix
A of 40 CFR part 60, except the instrument response factor criteria in
section 3.1.2(a) of Method 21 shall be for the representative
composition of the process fluid not each individual organic compound in
the stream. For process streams that contain nitrogen, air, water, or
other inerts that are not organic hazardous air pollutants or volatile
organic compounds, the response factor shall be determined on an inert-
free basis. The response factor may be determined at any concentration
for which monitoring for leaks will be conducted. Maintain the record
specified by Sec. 65.119(b)(8).
(ii) If no instrument is available at the plant site that will meet
the performance criteria specified in paragraph (b)(2)(i) of this
section, the instrument readings may be adjusted by multiplying by the
representative response factor of the process fluid calculated on an
inert-free basis as described in paragraph (b)(2)(i) of this section.
(3) Detection instrument calibration procedure. The detection
instrument shall be calibrated before use on each day of its use by the
procedures specified in Method 21 of appendix A of 40 CFR part 60.
(4) Detection instrument calibration gas. Calibration gases shall be
zero air (less than 10 parts per million of hydrocarbon in air) and the
gases specified in paragraph (b)(4)(i) of this section except as
provided in paragraph (b)(4)(ii) of this section.
(i) Mixtures of methane in air at a concentration no more than 2,000
parts per million greater than the leak definition concentration of the
equipment monitored. If the monitoring instrument's design allows for
multiple calibration scales, then the lower scale shall be calibrated
with a calibration gas that is no higher than 2,000 parts per million
above the concentration specified as a leak, and the highest scale shall
be calibrated with a calibration gas that is approximately equal to
10,000 parts per million. If only one scale on an instrument will be
used during monitoring, the owner or operator need not calibrate the
scales that will not be used during that day's monitoring.
(ii) A calibration gas other than methane in air may be used if the
instrument does not respond to methane or if the instrument does not
meet the performance criteria specified in paragraph (b)(2)(i) of this
section. In such cases, the calibration gas may be a mixture of one or
more of the compounds to be measured in air.
(5) Monitoring performance. Monitoring shall be performed when the
equipment is in regulated material service or is in use with any other
detectable material.
(6) Monitoring data. Monitoring data obtained prior to the regulated
source becoming subject to the referencing subpart that do not meet the
criteria specified in paragraphs (b)(1) through (5) of this section may
still be used to qualify initially for less frequent monitoring under
the provisions in Sec. 65.106(a)(2), (b)(3), or (b)(4) for valves or
Sec. 65.108(b)(3) for connectors, provided the departures from the
criteria or from the specified monitoring frequency of Sec. 65.106(b)(3)
or (4) are minor and do not significantly affect the quality of the
data. Examples of minor departures are monitoring at a slightly
different frequency (such as every 6
[[Page 73]]
weeks instead of monthly or quarterly), following the performance
criteria of section 3.1.2(a) of Method 21 of appendix A of 40 CFR part
60 instead of paragraph (b)(2) of this section, or monitoring using a
different leak definition if the data would indicate the presence or
absence of a leak at the concentration specified in this subpart.
Failure to use a calibrated instrument is not considered a minor
departure.
(c) Instrument monitoring readings and background adjustments. The
owner or operator may elect to adjust or not to adjust the instrument
readings for background. If an owner or operator elects not to adjust
instrument readings for background, the owner or operator shall monitor
the equipment according to the procedures specified in paragraphs (b)(1)
through (5) of this section. In such cases, all instrument readings
shall be compared directly to the applicable leak definition for the
monitored equipment to determine whether there is a leak or to determine
compliance with Sec. 65.111(b) (pressure relief devices) or
Sec. 65.112(f) (alternative compressor standard). If an owner or
operator elects to adjust instrument readings for background, the owner
or operator shall monitor the equipment according to the following
procedures:
(1) The requirements of paragraphs (b)(1) through (5) of this
section shall apply.
(2) The background level shall be determined using the procedures in
Method 21 of appendix A of 40 CFR part 60.
(3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21 of appendix A of 40 CFR part 60.
(4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level shall be compared
to the applicable leak definition for the monitored equipment to
determine whether there is a leak or to determine compliance with
Sec. 65.111(b) (pressure relief devices) or Sec. 65.112(f) (alternative
compressor standard).
(d) Sensory monitoring methods. Sensory monitoring consists of
visual, audible, olfactory, or any other detection method used to
determine a potential leak to the atmosphere.
(e) Leaking equipment identification and records. (1) When each leak
is detected, a weatherproof and readily visible identification shall be
attached to the leaking equipment.
(2) When each leak is detected, the information specified in
paragraphs (e)(2)(i) and (ii) of this section shall be recorded and kept
pursuant to Sec. 65.4(a), except the information for valves complying
with the 2-year monitoring period allowed under Sec. 65.106(b)(3)(v),
and connectors complying with the 8-year monitoring period allowed under
Sec. 65.108(b)(3)(iii) shall be kept 5 years beyond the date of the last
use of the information to set a monitoring period.
(i) The instrument, the equipment identification, and the instrument
operator's name, initials, or identification number if a leak is
detected or confirmed by instrument monitoring.
(ii) The date the leak was detected.
Sec. 65.105 Leak repair.
(a) Leak repair schedule. The owner or operator shall repair each
leak detected as soon as practical but not later than 15 calendar days
after it is detected except as provided in paragraph (d) or (e) of this
section. A first attempt at repair as defined in subpart A of this part
shall be made no later than 5 calendar days after the leak is detected.
First attempt at repair for pumps includes, but is not limited to,
tightening the packing gland nuts and/or ensuring that the seal flush is
operating at design pressure and temperature. First attempt at repair
for valves includes, but is not limited to, tightening the bonnet bolts,
and/or replacing the bonnet bolts, and/or tightening the packing gland
nuts, and/or injecting lubricant into the lubricated packing.
(b) [Reserved]
(c) Leak identification removal. (1) Valves and connectors. The leak
identification on a valve in gas/vapor or light liquid service may be
removed after it has been monitored as specified in Sec. 65.106(d)(2)
and no leak has been detected during that monitoring. The leak
identification on a connector in gas/vapor or light liquid service may
be removed after it has been monitored as specified in
Sec. 65.108(b)(3)(iv) and no leak
[[Page 74]]
has been detected during that monitoring.
(2) Other equipment. The identification that has been placed
pursuant to Sec. 65.104(e)(1) on equipment determined to have a leak,
except for a valve or for a connector that is subject to the provisions
of Sec. 65.108(b)(3)(iv), may be removed after it is repaired.
(d) Delay of repair. Delay of repair is allowed for any of the
conditions specified in paragraphs (d)(1) through (5) of this section.
The owner or operator shall maintain a record of the facts that explain
any delay of repairs and, where appropriate, why repair within 15 days
was technically infeasible without a process unit shutdown.
(1) Delay of repair of equipment for which leaks have been detected
is allowed if repair within 15 days after a leak is detected is
technically infeasible without a process unit shutdown. Repair of this
equipment shall occur as soon as practical, but no later than the end of
the next process unit shutdown, except as provided in paragraph (d)(5)
of this section.
(2) Delay of repair of equipment for which leaks have been detected
is allowed for equipment that is isolated from the process and that does
not remain in regulated material service.
(3) Delay of repair for valves, connectors, and agitators is also
allowed if the following provisions are met:
(i) The owner or operator determines that emissions of purged
material resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair; and
(ii) When repair procedures are effected, the purged material is
collected and routed to a process or fuel gas system or is collected and
destroyed or recovered in a control device complying with Sec. 65.115.
(4) Delay of repair for pumps is also allowed if the provisions of
paragraphs (d)(4)(i) and (ii) of this section are met.
(i) Repair requires replacing the existing seal design with a new
system that the owner or operator has determined under the provisions of
Sec. 65.116(d) will provide better performance or one of the following
specifications are met:
(A) A dual mechanical seal system that meets the requirements of
Sec. 65.107(e)(1) will be installed;
(B) A pump that meets the requirements of Sec. 65.107(e)(2) will be
installed; or
(C) A system that routes emissions to a process or a fuel gas system
or a closed vent system and control device that meets the requirements
of Sec. 65.107(e)(3) will be installed.
(ii) Repair is completed as soon as practical but not later than 6
months after the leak was detected.
(5) Delay of repair beyond a process unit shutdown will be allowed
for a valve if valve assembly replacement is necessary during the
process unit shutdown, and valve assembly supplies have been depleted,
and valve assembly supplies had been sufficiently stocked before the
supplies were depleted. Delay of repair beyond the second process unit
shutdown will not be allowed unless the third process unit shutdown
occurs sooner than 6 months after the first process unit shutdown.
(e) Unsafe-to-repair: Connectors. Any connector that is designated
as described in Sec. 65.103(d) as an unsafe-to-repair connector is
exempt from the requirements of Sec. 65.108(d) and paragraph (a) of this
section if the provisions of Sec. 65.103(d) are met.
(f) Leak repair records. For each leak detected, the information
specified in paragraphs (f)(1) through (5) of this section shall be
recorded and kept pursuant to Sec. 65.4(a).
(1) The date of first attempt to repair the leak.
(2) The date of successful repair of the leak.
(3) Maximum instrument reading measured by Method 21 of appendix A
of 40 CFR part 60 at the time the leak is successfully repaired or
determined to be nonrepairable.
(4) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak as
specified in the paragraphs (f)(4)(i) and (ii) of this section.
(i) The owner or operator may develop a written procedure that
identifies the conditions that justify a delay of repair. The written
procedures may be included as part of the startup/shutdown/malfunction
plan required by
[[Page 75]]
Sec. 65.6 for the source or may be part of a separate document that is
maintained at the plant site. In such cases, reasons for delay of repair
may be documented by citing the relevant sections of the written
procedure.
(ii) If delay of repair was caused by depletion of stocked parts,
there must be documentation that the spare parts were sufficiently
stocked onsite before depletion and the reason for depletion.
(5) Dates of process unit shutdowns that occur while the equipment
is unrepaired.
Sec. 65.106 Standards: Valves in gas/vapor service and in light liquid service.
(a) Compliance schedule. (1) The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(2) The use of monitoring data generated before the regulated source
became subject to the referencing subpart to qualify initially for less
frequent monitoring is governed by the provisions of Sec. 65.104(b)(6).
(b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or
paragraph (e) of this section, the owner or operator shall monitor all
valves at the intervals specified in paragraphs (b)(3) and/or (b)(4) of
this section and shall comply with all other provisions of this section.
(1) Monitoring method. The valves shall be monitored to detect leaks
by the method specified in Sec. 65.104(b) and (c).
(2) Instrument reading that defines a leak. The instrument reading
that defines a leak is 500 parts per million or greater.
(3) Monitoring frequency. The owner or operator shall monitor valves
for leaks at the intervals specified in paragraphs (b)(3)(i) through (v)
of this section and shall keep the record specified in paragraph
(b)(3)(vi) of this section.
(i) If at least the greater of two valves or 2 percent of the valves
in a process unit leak, as calculated according to paragraph (c) of this
section, the owner or operator shall monitor each valve once per month.
(ii) At process units with less than the greater of two leaking
valves or 2 percent leaking valves, the owner or operator shall monitor
each valve once each quarter except as provided in paragraphs
(b)(3)(iii) through (v) of this section. Monitoring data generated
before the regulated source became subject to the referencing subpart
and meeting the criteria of either Sec. 65.104(b)(1) through (5) or
Sec. 65.104(b)(6) may be used to qualify initially for less frequent
monitoring under paragraphs (b)(3)(iii) through (v) of this section.
(iii) At process units with less than 1 percent leaking valves, the
owner or operator may elect to monitor each valve once every 2 quarters.
(iv) At process units with less than 0.5 percent leaking valves, the
owner or operator may elect to monitor each valve once every 4 quarters.
(v) At process units with less than 0.25 percent leaking valves, the
owner or operator may elect to monitor each valve once every 2 years.
(vi) The owner or operator shall keep a record of the monitoring
schedule for each process unit.
(4) Valve subgrouping. For a process unit or a group of process
units to which this subpart applies, an owner or operator may choose to
subdivide the valves in the applicable process unit or group of process
units and apply the provisions of paragraph (b)(3) of this section to
each subgroup. If the owner or operator elects to subdivide the valves
in the applicable process unit or group of process units, then the
provisions of paragraphs (b)(4)(i) through (viii) of this section apply.
(i) The overall performance of total valves in the applicable
process unit or group of process units to be subdivided shall be less
than 2 percent leaking valves, as detected according to paragraphs
(b)(1) and (2) of this section and as calculated according to paragraphs
(c)(1)(ii) and (c)(2) of this section.
(ii) The initial assignment or subsequent reassignment of valves to
subgroups shall be governed by the following provisions:
(A) The owner or operator shall determine which valves are assigned
to each subgroup. Valves with less than 1 year of monitoring data or
valves not monitored within the last 12 months must be placed initially
into the most frequently monitored subgroup until at least 1 year of
monitoring data have been obtained.
[[Page 76]]
(B) Any valve or group of valves can be reassigned from a less
frequently monitored subgroup to a more frequently monitored subgroup
provided that the valves to be reassigned were monitored during the most
recent monitoring period for the less frequently monitored subgroup. The
monitoring results must be included with that less frequently monitored
subgroup's associated percent leaking valves calculation for that
monitoring event.
(C) Any valve or group of valves can be reassigned from a more
frequently monitored subgroup to a less frequently monitored subgroup
provided that the valves to be reassigned have not leaked for the period
of the less frequently monitored subgroup (for example, for the last 12
months, if the valve or group of valves is to be reassigned to a
subgroup being monitored annually). Nonrepairable valves may not be
reassigned to a less frequently monitored subgroup.
(iii) The owner or operator shall determine every 6 months if the
overall performance of total valves in the applicable process unit or
group of process units is less than 2 percent leaking valves and so
indicate the performance in the next periodic report. If the overall
performance of total valves in the applicable process unit or group of
process units is 2 percent leaking valves or greater, the owner or
operator shall no longer subgroup and shall revert to the program
required in paragraphs (b)(1) through (3) of this section for that
applicable process unit or group of process units. An owner or operator
can again elect to comply with the valve subgrouping procedures of
paragraph (b)(4) of this section if future overall performance of total
valves in the process unit or group of process units is again less than
2 percent. The overall performance of total valves in the applicable
process unit or group of process units shall be calculated as a weighted
average of the percent leaking valves of each subgroup according to
Equation 106-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.005
Where:
%VLO = Overall performance of total valves in the applicable
process unit or group of process units.
%VLi = Percent leaking valves in subgroup i, most recent
value calculated according to the procedures in paragraphs (c)(1)(ii)
and (c)(2) of this section.
Vi = Number of valves in subgroup i.
n = Number of subgroups.
(iv) The owner or operator shall maintain the following records:
(A) Which valves are assigned to each subgroup;
(B) Monitoring results and calculations made for each subgroup for
each monitoring period;
(C) Which valves are reassigned, the last monitoring result prior to
reassignment, and when they were reassigned; and
(D) The results of the semiannual overall performance calculation
required in paragraph (b)(4)(iii) of this section.
(v) The owner or operator shall notify the Administrator no later
than 30 days prior to the beginning of the next monitoring period of the
decision to begin or end subgrouping valves. The notification shall
identify the participating process units and the number of valves
assigned to each subgroup, if applicable. The notification may be
included in a periodic report if the periodic report is submitted no
later than 30 days prior to the beginning of the next monitoring period.
(vi) The owner or operator shall submit in the periodic reports the
following information:
(A) Total number of valves in each subgroup; and
(B) Results of the semiannual overall performance calculation
required by paragraph (b)(4)(iii) of this section.
[[Page 77]]
(vii) To determine the monitoring frequency for each subgroup, the
calculation procedures of paragraph (c)(2) of this section shall be
used.
(viii) Except for the overall performance calculations required by
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be
treated as if it were a separate process unit for the purposes of
applying the provisions of this section.
(c) Percent leaking valves calculation--(1) Calculation basis and
procedures. (i) The owner or operator shall decide no later than the
implementation date of this part or upon revision of an operating permit
whether to calculate percent leaking valves on a process unit or group
of process units basis. Once the owner or operator has decided, all
subsequent percentage calculations shall be made on the same basis, and
this shall be the basis used for comparison with the subgrouping
criteria specified in paragraph (b)(4)(i) of this section.
(ii) The percent leaking valves for each monitoring period for each
process unit or valve subgroup, as provided in paragraph (b)(4) of this
section, shall be calculated using Equation 106-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.020
Where:
%VL = Percent leaking valves.
VL = Number of valves found leaking, including those valves
found leaking pursuant to paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B)
of this section and excluding nonrepairable valves as provided in
paragraph (c)(3) of this section.
VT = The sum of the total number of valves monitored.
(2) Calculation for monitoring frequency. When determining
monitoring frequency for each process unit or valve subgroup subject to
monthly, quarterly, or semiannual monitoring frequencies, the percent
leaking valves shall be the arithmetic average of the percent leaking
valves from the last two monitoring periods. When determining monitoring
frequency for each process unit or valve subgroup subject to annual or
biennial (once every 2 years) monitoring frequencies, the percent
leaking valves shall be the arithmetic average of the percent leaking
valves from the last three monitoring periods.
(3) Nonrepairable valves. (i) Nonrepairable valves shall be included
in the calculation of percent leaking valves the first time the valve is
identified as leaking and nonrepairable and as required to comply with
paragraph (c)(3)(ii) of this section. Otherwise, a number of
nonrepairable valves (identified and included in the percent leaking
valves calculation in a previous period) up to a maximum of 1 percent of
the total number of valves in regulated material service at a process
unit may be excluded from calculation of percent leaking valves for
subsequent monitoring periods.
(ii) If the number of nonrepairable valves exceeds 1 percent of the
total number of valves in regulated material service at a process unit,
the number of nonrepairable valves exceeding 1 percent of the total
number of valves in regulated material service shall be included in the
calculation of percent leaking valves.
(d) Leak repair. (1) If a leak is determined pursuant to paragraph
(b), (e)(1), or (e)(2) of this section, then the leak shall be repaired
using the procedures in Sec. 65.105, as applicable.
(2) After a leak determined under paragraph (b) or (e)(2) of this
section has been repaired, the valve shall be monitored at least once
within the first 3 months after its repair. The monitoring required by
paragraph (d) of this section is in addition to the monitoring required
to satisfy the definition of repair.
(i) The monitoring shall be conducted as specified in Sec. 65.104(b)
and (c), as appropriate, to determine whether the valve has resumed
leaking.
(ii) Periodic monitoring required by paragraph (b) of this section
may be used to satisfy the requirements of paragraph (d) of this section
if the timing of the monitoring period coincides with the time specified
in paragraph (d) of this section. Alternatively, other monitoring may be
performed to satisfy the requirements of paragraph (d) of this section
regardless of whether the timing of the monitoring period for periodic
monitoring coincides with the time specified in paragraph (d) of this
section.
[[Page 78]]
(iii) If a leak is detected by monitoring that is conducted under
paragraph (d)(2) of this section, the owner or operator shall comply
with the following provisions to determine whether that valve must be
counted as a leaking valve for purposes of paragraph (c)(1)(ii) of this
section:
(A) If the owner or operator elected to use periodic monitoring
required by paragraph (b) of this section to satisfy the requirements of
paragraph (d)(2) of this section, then the valve shall be counted as a
leaking valve.
(B) If the owner or operator elected to use other monitoring, prior
to the periodic monitoring required by paragraph (b) of this section, to
satisfy the requirements of paragraph (d)(2) of this section, then the
valve shall be counted as a leaking valve unless it is repaired and
shown by periodic monitoring not to be leaking.
(e) Special provisions for valves--(1) Unsafe-to-monitor valves. Any
valve that is designated as described in Sec. 65.103(c)(1) as an unsafe-
to-monitor valve is exempt from the requirements of paragraph (b) and
(d)(2) of this section, and the owner or operator shall monitor the
valve according to the written plan specified in Sec. 65.103(c)(4).
(2) Difficult-to-monitor valves. Any valve that is designated as
described in Sec. 65.103(c)(2) as a difficult-to-monitor valve is exempt
from the requirements of paragraph (b) of this section, and the owner or
operator shall monitor the valve according to the written plan specified
in Sec. 65.103(c)(4).
(3) Less than 250 valves. Any equipment located at a plant site with
fewer than 250 valves in regulated material service is exempt from the
requirements for monthly monitoring specified in paragraph (b)(3)(i) of
this section. Instead, the owner or operator shall monitor each valve in
regulated material service for leaks once each quarter or comply with
paragraph (b)(3)(iii), (iv), or (v) of this section except as provided
in paragraphs (e)(1) and (2) of this section.
Sec. 65.107 Standards: Pumps in light liquid service.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or
paragraph (e) of this section, the owner or operator shall monitor each
pump to detect leaks and shall comply with all other provisions of this
section.
(1) Monitoring method. The pumps shall be monitored monthly to
detect leaks by the method specified in Sec. 65.104(b) and (c).
(2) Instrument reading that defines a leak. The following leak
definitions determined through instrument readings apply:
(i) 5,000 parts per million or greater for pumps handling
polymerizing monomers;
(ii) 2,000 parts per million or greater for pumps in food/medical
service; and
(iii) 1,000 parts per million or greater for all other pumps.
(3) Leak repair exception. For pumps to which a 1,000 parts per
million leak definition applies, repair is not required unless an
instrument reading of 2,000 parts per million or greater is detected.
(4) Visual inspection. Each pump shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal. The owner or operator shall document that the inspection
was conducted and the date of the inspection. If there are indications
of liquids dripping from the pump seal at the time of the weekly
inspection, the owner or operator shall comply with either of the
following procedures:
(i) The owner or operator shall monitor the pump as specified in
Sec. 65.104(b) and (c) unless the pump has already been monitored since
the last routine monthly monitoring required by paragraph (b)(1) of this
section. If monitoring is performed and the instrument reading indicates
a leak as specified in paragraph (b)(2) of this section, a leak is
detected and the leak shall be repaired using the procedures in
Sec. 65.105, except as specified in paragraph (b)(3) of this section; or
(ii) The owner or operator shall eliminate the visual indications of
liquids dripping.
(c) Percent leaking pumps calculation. (1) The owner or operator
shall decide
[[Page 79]]
no later than the implementation date of this part or upon revision of
an operating permit whether to calculate percent leaking pumps on a
process unit basis or group of process units basis. Once the owner or
operator has decided, all subsequent percentage calculations shall be
made on the same basis.
(2) If, when calculated on a 6-month rolling average, at least the
greater of either 10 percent of the pumps in a process unit or three
pumps in a process unit leak, the owner or operator shall implement a
quality improvement program for pumps that complies with the
requirements of Sec. 65.116.
(3) The number of pumps at a process unit shall be the sum of all
the pumps in regulated material service, except that pumps found leaking
in a continuous process unit within 1 month after startup of the pump
shall not count in the percent leaking pumps calculation for that one
monitoring period only.
(4) Percent leaking pumps shall be determined by Equation 107-1 of
this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.021
Where:
%PL = Percent leaking pumps.
PL = Number of pumps found leaking as determined through
monthly monitoring as required in paragraph (b)(1) of this section.
PS = Number of pumps leaking within 1 month of startup during
the current monitoring period.
PT = Total pumps in regulated material service, including
those meeting the criteria in paragraphs (e)(1), (e)(2), (e)(3), and
(e)(6) of this section.
(d) Leak repair. If a leak is detected pursuant to paragraph (b) of
this section, then the leak shall be repaired using the procedures in
Sec. 65.105, as applicable.
(e) Special provisions for pumps.--(1) Dual mechanical seal pumps.
Each pump equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (b) of
this section, provided the requirements specified in paragraphs
(e)(1)(i) through (viii) of this section are met.
(i) The owner or operator determines, based on design considerations
and operating experience, criteria applicable to the presence and
frequency of drips and to the sensor that indicates failure of the seal
system, the barrier fluid system, or both. The owner or operator shall
keep records of the design criteria and an explanation of the design
criteria, and any changes to these criteria and the reasons for the
changes.
(ii) Each dual mechanical seal system shall meet the following three
requirements:
(A) Operated with the barrier fluid at a pressure that is at all
times (except periods of start-up, shutdown, or malfunction) greater
than the pump stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is routed
to a process or fuel gas system or connected by a closed vent system to
a control device that complies with the requirements of Sec. 65.115; or
(C) Equipped with a closed-loop system that purges the barrier fluid
into a process stream.
(iii) The barrier fluid is not in light liquid service.
(iv) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(v) Each pump is checked by visual inspection each calendar week for
indications of liquids dripping from the pump seal. The owner or
operator shall document that the inspection was conducted and the date
of the inspection. If there are indications of liquids dripping from the
pump seal at the time of the weekly inspection, the owner or operator
shall follow either one of the following procedures prior to the next
required inspection:
(A) The owner or operator shall monitor the pump as specified in
Sec. 65.104(b) and (c) to determine if there is a leak of regulated
material in the barrier
[[Page 80]]
fluid. If an instrument reading of 1,000 parts per million or greater is
measured, a leak is detected and it shall be repaired using the
procedures in Sec. 65.105; or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(vi) If indications of liquids dripping from the pump seal exceed
the criteria established in paragraph (e)(1)(i) of this section, or if
based on the criteria established in paragraph (e)(1)(i) of this section
the sensor indicates failure of the seal system, the barrier fluid
system, or both, a leak is detected.
(vii) Each sensor as described in paragraph (e)(1)(iv) of this
section is observed daily or is equipped with an alarm unless the pump
is located within the boundary of an unmanned plant site.
(viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of
this section, it shall be repaired as specified in Sec. 65.105.
(2) No external shaft. Any pump that is designed with no externally
actuated shaft penetrating the pump housing is exempt from the
requirements of paragraph (b) of this section.
(3) Routed to a process or fuel gas system or equipped with a closed
vent system. Any pump that is routed to a process or fuel gas system or
equipped with a closed vent system that captures and transports leakage
from the pump to a control device meeting the requirements of
Sec. 65.115 is exempt from the requirements of paragraph (b) of this
section.
(4) Unmanned plant site. Any pump that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(4) and (e)(1)(v) of this
section and the daily requirements of paragraph (e)(1)(vii) of this
section provided that each pump is visually inspected as often as
practical and at least monthly.
(5) Ninety percent exemption. If more than 90 percent of the pumps
at a process unit meet the criteria in either paragraph (e)(1) or (2) of
this section, the process unit is exempt from the percent leaking
calculation in paragraph (c) of this section.
(6) Unsafe-to-monitor pumps. Any pump that is designated as
described in Sec. 65.103(c)(1) as an unsafe-to-monitor pump is exempt
from the requirements of paragraph (b) of this section, the monitoring
and inspection requirements of paragraphs (e)(1)(v) through (viii) of
this section, and the owner or operator shall monitor and repair the
pump according to the written plan specified in Sec. 65.103(c)(4).
Sec. 65.108 Standards: Connectors in gas/vapor service and in light liquid service.
(a) Compliance schedule. Except as allowed in Sec. 65.102(b) or as
specified in paragraph (e) of this section, the owner or operator shall
monitor all connectors in each process unit initially for leaks by
either 12 months after the implementation date as specified in
Sec. 65.1(f) or 12 months after initial startup, whichever is later. If
all connectors in each process unit have been monitored for leaks prior
to the implementation date specified in Sec. 65.1(f), no initial
monitoring is required provided either no process changes have been made
since the monitoring or the owner or operator can determine that the
results of the monitoring, with or without adjustments, reliably
demonstrate compliance despite process changes. If required to monitor
because of a process change, the owner or operator is required to
monitor only those connectors involved in the process change.
(b) Leak detection. Except as allowed in Sec. 65.102(b) or as
specified in paragraph (e) of this section, the owner or operator shall
monitor all connectors in gas/vapor and light liquid service as
specified in paragraphs (a) and (b)(3) of this section.
(1) Monitoring method. The connectors shall be monitored to detect
leaks by the method specified in Sec. 65.104(b) and (c).
(2) Instrument reading that defines a leak. If an instrument reading
greater than or equal to 500 parts per million is measured, a leak is
detected.
(3) Monitoring periods. The owner or operator shall perform
monitoring, subsequent to the initial monitoring required in paragraph
(a) of this section, as specified in paragraphs (b)(3)(i)
[[Page 81]]
through (iii) of this section, and shall comply with the requirements of
paragraphs (b)(3)(iv) and (v) of this section. The required period in
which monitoring must be conducted shall be determined from paragraphs
(b)(3)(i) through (iii) of this section using the monitoring results
from the preceding monitoring period. The percent leaking connectors
shall be calculated as specified in paragraph (c) of this subpart.
(i) If the percent leaking connectors in the process unit was
greater than or equal to 0.5 percent, then monitor within 12 months (1
year).
(ii) If the percent leaking connectors in the process unit was
greater than or equal to 0.25 percent but less than 0.5 percent, then
monitor within 4 years. An owner or operator may comply with the
requirements of paragraph (b)(3)(ii) of this section by monitoring at
least 40 percent of the connectors within 2 years of the start of the
monitoring period, provided all connectors have been monitored by the
end of the 4-year monitoring period.
(iii) If the percent leaking connectors in the process unit was less
than 0.25 percent, then monitor as provided in paragraph (b)(3)(iii)(A)
of this section and either paragraph (b)(3)(iii)(B) or (C) of this
section, as appropriate.
(A) An owner or operator shall monitor at least 50 percent of the
connectors within 4 years of the start of the monitoring period.
(B) If the percent leaking connectors calculated from the monitoring
results in paragraph (b)(3)(iii)(A) of this section is greater than or
equal to 0.35 percent of the monitored connectors, the owner or operator
shall monitor as soon as practical, but within the next 6 months, all
connectors that have not yet been monitored during the monitoring
period. At the conclusion of monitoring, a new monitoring period shall
be started pursuant to paragraph (b)(3) of this section, based on the
percent leaking connectors of the total monitored connectors.
(C) If the percent leaking connectors calculated from the monitoring
results in paragraph (b)(3)(iii)(A) of this section is less than 0.35
percent of the monitored connectors, the owner or operator shall monitor
all connectors that have not yet been monitored within 8 years of the
start of the monitoring period.
(iv) If, during the monitoring conducted pursuant to paragraphs
(b)(3)(i) through (iii) of this section, a connector is found to be
leaking, it shall be re-monitored once within 90 days after repair to
confirm that it is not leaking.
(v) The owner or operator shall keep a record of the start date and
end date of each monitoring period under this section for each process
unit.
(c) Percent leaking connectors calculation. For use in determining
the monitoring frequency as specified in paragraphs (a) and (b)(3) of
this section, the percent leaking connectors as used in paragraphs (a)
and (b)(3) of this section shall be calculated by using Equation 108-1
of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.006
Where:
%CL = Percent leaking connectors as determined through
periodic monitoring required in paragraphs (a) and (b)(3)(i) through
(b)(3)(iii) of this section.
CL = Number of connectors measured at 500 parts per million
or greater by the method specified in Sec. 65.104(b).
Ct = Total number of monitored connectors in the process
unit.
(d) Leak repair. If a leak is detected pursuant to paragraphs (a)
and (b) of this section, then the leak shall be repaired using the
procedures in Sec. 65.105, as applicable.
(e) Special provisions for connectors.--(1) Unsafe-to-monitor
connectors. Any connector that is designated, as described in
Sec. 65.103(c)(1), as an unsafe-to-monitor connector is exempt from the
requirements of paragraphs (a) and (b) of this section and the owner or
operator shall monitor according to the written plan specified in
Sec. 65.103(c)(4).
(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any
connector that is inaccessible or that is ceramic or ceramic-lined (for
example, porcelain, glass, or glass-lined), is exempt from the
monitoring requirements of paragraphs (a) and (b) of this section and
from the recordkeeping and reporting requirements of Secs. 65.119 and
65.120. An inaccessible connector is one that meets any of the following
provisions, as applicable:
[[Page 82]]
(A) Buried;
(B) Insulated in a manner that prevents access to the connector by a
monitor probe;
(C) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe;
(D) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters (25
feet) above the ground;
(E) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters (7 feet) above a permanent support surface
or would require the erection of scaffold;
(F) Not able to be accessed at any time in a safe manner to perform
monitoring. Unsafe access includes, but is not limited to, the use of a
wheeled scissor-lift on unstable or uneven terrain, the use of a
motorized man-lift basket in areas where an ignition potential exists,
or access would require near proximity to hazards such as electrical
lines or would risk damage to equipment.
(ii) If any inaccessible, ceramic, or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the visual, audible, olfactory, or other indications of a leak to the
atmosphere shall be eliminated as soon as practical.
(3) Connectors referenced from 40 CFR part 60, subpart VV or 40 CFR
part 61, subpart V. For sources referenced to this part from 40 CFR part
61, subpart VV, or from 40 CFR part 61, subpart V, connectors are exempt
from the requirements of paragraphs (a) through (d) of this section and
the owner or operator shall comply with the following paragraphs:
(i) Connectors shall be monitored within 5 days by the method
specified in Sec. 65.104(b) and (c) if evidence of a potential leak is
found by visual, audible, olfactory, or any other detection method.
(ii) If an instrument reading of 500 parts per million or greater is
measured, a leak is detected.
(iii) When a leak is detected, it shall be repaired using the
procedures in Sec. 65.105, as applicable.
Sec. 65.109 Standards: Agitators in gas/vapor service and in light liquid service.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Leak detection. (1) Monitoring method. Each agitator seal shall
be monitored monthly to detect leaks by the methods specified in
Sec. 65.104(b) and (c), except as provided in Sec. 65.102(b) or
paragraph (e) of this section.
(2) Instrument reading that defines a leak. If an instrument reading
of 10,000 parts per million or greater is measured, a leak is detected.
(3) Visual inspection. Each agitator seal shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the agitator seal. The owner or operator shall document that the
inspection was conducted and the date of the inspection. If there are
indications of liquids dripping from the agitator seal, the owner or
operator shall comply with either of the following procedures prior to
the next required inspection:
(i) The owner or operator shall monitor the agitator seal as
specified in Sec. 65.104(b) and (c) to determine if there is a leak of
regulated material. If an instrument reading of 10,000 parts per million
or greater is measured, a leak is detected, and it shall be repaired
according to paragraph (d) of this section.
(ii) The owner or operator shall eliminate the indications of
liquids dripping from the agitator seal.
(c) [Reserved]
(d) Leak repair. If a leak is detected, then the leak shall be
repaired using the procedures in Sec. 65.105(a).
(e) Special provisions for agitators. (1) Dual mechanical seal. Each
agitator equipped with a dual mechanical seal system that includes a
barrier fluid system is exempt from the requirements of paragraph (b) of
this section provided the requirements specified in paragraphs (e)(1)(i)
through (vi) of this section are met.
(i) Each dual mechanical seal system shall meet any one of the
following requirements:
(A) Operated with the barrier fluid at a pressure that is at all
times (except
[[Page 83]]
during periods of startup, shutdown, or malfunction) greater than the
agitator stuffing box pressure; or
(B) Equipped with a barrier fluid degassing reservoir that is routed
to a process or fuel gas system, or connected by a closed vent system to
a control device that meets the requirements of Sec. 65.115; or
(C) Equipped with a closed-loop system that purges the barrier fluid
into a process stream.
(ii) The barrier fluid is not in light liquid service.
(iii) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(iv) Each agitator seal is checked by visual inspection each
calendar week for indications of liquids dripping from the agitator
seal. If there are indications of liquids dripping from the agitator
seal at the time of the weekly inspection, the owner or operator shall
follow either of the following procedures prior to the next required
inspection:
(A) The owner or operator shall monitor the agitator seal as
specified in Sec. 65.104(b) and (c) to determine the presence of
regulated material in the barrier fluid. If an instrument reading of
10,000 parts per million or greater is measured, a leak is detected and
it shall be repaired using the procedures in Sec. 65.105; or
(B) The owner or operator shall eliminate the visual indications of
liquids dripping.
(v) Each sensor as described in paragraph (e)(1)(iii) of this
section is observed daily or is equipped with an alarm unless the
agitator seal is located within the boundary of an unmanned plant site.
(vi) The owner or operator of each dual mechanical seal system shall
meet the following requirements:
(A) The owner or operator shall determine based on design
considerations and operating experience criteria that indicates failure
of the seal system, the barrier fluid system, or both and that are
applicable to the presence and frequency of drips. If indications of
liquids dripping from the agitator seal exceed the criteria, or if based
on the criteria the sensor indicates failure of the seal system, the
barrier fluid system, or both, a leak is detected and shall be repaired
pursuant to Sec. 65.105, as applicable.
(B) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria, and any changes to these
criteria and the reasons for the changes.
(2) No external shaft. Any agitator that is designed with no
externally actuated shaft penetrating the agitator housing is exempt
from paragraph (b) of this section.
(3) Routed to a process or fuel gas system or equipped with a closed
vent system. Any agitator that is routed to a process or fuel gas system
or equipped with a closed vent system that captures and transports
leakage from the agitator to a control device meeting the requirements
of Sec. 65.115 is exempt from the requirements of paragraph (b) of this
section.
(4) Unmanned plant site. Any agitator that is located within the
boundary of an unmanned plant site is exempt from the weekly visual
inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this
section, and the daily requirements of paragraph (e)(1)(v) of this
section provided that each agitator is visually inspected as often as
practical and at least monthly.
(5) Difficult-to-monitor agitator seals. Any agitator seal that is
designated as described in Sec. 65.103(c)(2) as a difficult-to-monitor
agitator seal is exempt from the requirements of paragraph (b) of this
section and the owner or operator shall monitor the agitator seal
according to the written plan specified in Sec. 65.103(c)(4).
(6) Equipment obstructions. Any agitator seal that is obstructed by
equipment or piping that prevents access to the agitator by a monitor
probe is exempt from the monitoring requirements of paragraph (b) of
this section.
(7) Unsafe-to-monitor agitator seals. Any agitator seal that is
designated as described in Sec. 65.103(c)(1) as an unsafe-to-monitor
agitator seal is exempt from the requirements of paragraph (b) of this
section and the owner or operator of the agitator seal monitors the
agitator seal according to the written plan specified in
Sec. 65.103(c)(4).
[[Page 84]]
Sec. 65.110 Standards: Pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in liquid service; and instrumentation
systems.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Leak detection. Unless otherwise specified in Sec. 65.102(b),
the owner or operator shall comply with the following:
(1) Monitoring method. Pumps, valves, connectors, and agitators in
heavy liquid service; pressure relief devices in light liquid or heavy
liquid service; and instrumentation systems shall be monitored within 5
calendar days by the method specified in Sec. 65.104(b) and (c) if
evidence of a potential leak to the atmosphere is found by visual,
audible, olfactory, or any other detection method, unless the potential
leak is repaired as required in paragraph (c) of this section.
(2) Instrument reading that defines a leak. If an instrument reading
of 10,000 parts per million or greater for agitators, 5,000 parts per
million or greater for pumps handling polymerizing monomers, 2,000 parts
per million or greater for all other pumps (including pumps in food/
medical service), or 500 parts per million or greater for valves,
connectors, instrumentation systems, and pressure relief devices is
measured pursuant to paragraph (b)(1) of this section, a leak is
detected and it shall be repaired pursuant to Sec. 65.105, as
applicable.
(c) Leak repair. For equipment identified in paragraph (b) of this
section that is not monitored by the method specified in Sec. 65.104(b),
repaired shall mean that the visual, audible, olfactory, or other
indications of a leak to the atmosphere have been eliminated; that no
bubbles are observed at potential leak sites during a leak check using
soap solution; or that the system will hold a test pressure.
Sec. 65.111 Standards: Pressure relief devices in gas/vapor service.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Compliance standard. Except during pressure releases as provided
for in paragraph (c) of this section, each pressure relief device in
gas/vapor service shall be operated with an instrument reading of less
than 500 parts per million as measured by the method specified in
Sec. 65.104(b) and (c).
(c) Pressure relief requirements. (1) After each pressure release,
the pressure relief device shall be returned to a condition indicated by
an instrument reading of less than 500 parts per million, as soon as
practical, but no later than 5 calendar days after each pressure release
except as provided in Sec. 65.105(d).
(2) The pressure relief device shall be monitored no later than 5
calendar days after the pressure release and being returned to regulated
material service to confirm the condition indicated by an instrument
reading of less than 500 parts per million as measured by the method
specified in Sec. 65.104(b) and (c).
(3) The owner or operator shall record the dates and results of the
monitoring required by paragraph (c)(2) of this section following a
pressure release including maximum instrument reading measured during
the monitoring and the background level measured if the instrument
reading is adjusted for background.
(d) Pressure relief devices routed to a process or fuel gas system
or equipped with a closed vent system and control device. Any pressure
relief device that is routed to a process or fuel gas system or equipped
with a closed vent system capable of capturing and transporting leakage
from the pressure relief device to a control device meeting the
requirements of Sec. 65.115 is exempt from the requirements of
paragraphs (b) and (c) of this section.
(e) Rupture disk exemption. Any pressure relief device that is
equipped with a rupture disk upstream of the pressure relief device is
exempt from the requirements of paragraphs (b) and (c) of this section
provided the owner or operator installs a new rupture disk upstream of
the pressure relief device as soon as practical after each pressure
release, but no later than 5 calendar days after each pressure release
except as provided in Sec. 65.105(d).
[[Page 85]]
Sec. 65.112 Standards: Compressors.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Seal system standard. Each compressor shall be equipped with a
seal system that includes a barrier fluid system and that prevents
leakage of process fluid to the atmosphere except as provided in
Sec. 65.102(b) and paragraphs (e) and (f) of this section. Each
compressor seal system shall meet any one of the following requirements:
(1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure at all times (except during
periods of start-up, shutdown, or malfunction); or
(2) Equipped with a barrier fluid system degassing reservoir that is
routed to a process or fuel gas system, or connected by a closed vent
system to a control device that meets the requirements of Sec. 65.115;
or
(3) Equipped with a closed-loop system that purges the barrier fluid
directly into a process stream.
(c) Barrier fluid system. The barrier fluid shall not be in light
liquid service. Each barrier fluid system shall be equipped with a
sensor that will detect failure of the seal system, barrier fluid
system, or both. Each sensor shall be observed daily or shall be
equipped with an alarm unless the compressor is located within the
boundary of an unmanned plant site.
(d) Failure criterion and leak detection. (1) The owner or operator
shall determine, based on design considerations and operating
experience, a criterion that indicates failure of the seal system, the
barrier fluid system, or both. If the sensor indicates failure of the
seal system, the barrier fluid system, or both based on the criterion, a
leak is detected and shall be repaired pursuant to Sec. 65.105, as
applicable.
(2) The owner or operator shall keep records of the design criteria
and an explanation of the design criteria, and any changes to these
criteria and the reasons for the changes.
(e) Routed to a process or fuel gas system or equipped with a closed
vent system. A compressor is exempt from the requirements of paragraphs
(b) through (d) of this section if it is equipped with a system to
capture and transport leakage from the compressor drive shaft seal to a
process or a fuel gas system or to a closed vent system that captures
and transports leakage from the compressor to a control device meeting
the requirements of Sec. 65.115.
(f) Alternative compressor standard. (1) Any compressor that is
designated as described in Sec. 65.103(e) shall operate at all times
with an instrument reading of less than 500 parts per million. A
compressor so designated is exempt from the requirements of paragraphs
(b) through (d) of this section if the compressor is demonstrated
initially upon designation, annually, and at other times requested by
the Administrator to be operating with an instrument reading of less
than 500 parts per million as measured by the method specified in
Sec. 65.104(b) and (c).
(2) The owner or operator shall record the dates and results of each
compliance test including the background level measured and the maximum
instrument reading measured during each compliance test.
Sec. 65.113 Standards: Sampling connection systems.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Equipment requirement. Each sampling connection system shall be
equipped with a closed-purge, closed-loop, or closed vent system except
as provided in paragraph (d) of this section or Sec. 65.102(b). Gases
displaced during filling of the sample container are not required to be
collected or captured.
(c) Equipment design and operation. Each closed-purge, closed-loop,
or closed vent system as required in paragraph (b) of this section shall
meet the following applicable requirements:
(1) The system shall return the purged process fluid directly to a
process line or to a fuel gas system; or
(2) Collect and recycle the purged process fluid to a process; or
(3) Be designed and operated to capture and transport all the purged
process fluid to a control device that meets the requirements of
Sec. 65.115; or
[[Page 86]]
(4) Collect, store, and transport the purged process fluid to any of
the following systems or facilities:
(i) A waste management unit as defined in 40 CFR 63.111, if the
waste management unit is complying with the provisions of 40 CFR part
63, subpart G, applicable to Group 1 wastewater streams. For sources
referenced to this part from 40 CFR part 63, subpart H, and if the
purged process fluid does not contain any organic HAP listed in table 9
of 40 CFR part 63, subpart G, the waste management unit need not be
subject to and operated in compliance with the requirements of 40 CFR
part 63, subpart G, applicable to Group 1 wastewater steams provided the
facility has a National Pollution Discharge Elimination System (NPDES)
permit or sends the wastewater to an NPDES-permitted facility; or
(ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266; or
(iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261; and
(5) Containers that are part of a closed-purge system must be
covered or closed when not being filled or emptied.
(d) In-situ sampling systems. In-situ sampling systems and sampling
systems without purges are exempt from the requirements of paragraphs
(b) and (c) of this section.
Sec. 65.114 Standards: Open-ended valves or lines.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Equipment and operational requirements. (1) Each open-ended
valve or line shall be equipped with a cap, blind flange, plug, or a
second valve except as provided in Sec. 65.102(b) and paragraphs (c) and
(d) of this section. The cap, blind flange, plug, or second valve shall
seal the open end at all times except during operations requiring
process fluid flow through the open-ended valve or line, or during
maintenance. The operational provisions of paragraphs (b)(2) and (3) of
this section also apply.
(2) Each open-ended valve or line equipped with a second valve shall
be operated in a manner such that the valve on the process fluid end is
closed before the second valve is closed.
(3) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting the
line between the block valves but shall comply with paragraph (b)(1) of
this section at all other times.
(c) Emergency shutdown exemption. Open-ended valves or lines in an
emergency shutdown system that are designed to open automatically in the
event of a process upset are exempt from the requirements of paragraph
(b) of this section.
(d) Polymerizing materials exemption. Open-ended valves or lines
containing materials that would autocatalytically polymerize or would
present an explosion, serious overpressure, or other safety hazard if
capped or equipped with a double block and bleed system as specified in
paragraph (b) of this section are exempt from the requirements of
paragraph (b) of this section.
Sec. 65.115 Standards: Closed vent systems and control devices; or emissions routed to a fuel gas system or process.
(a) Compliance schedule. The owner or operator shall comply with
this section no later than the implementation date specified in
Sec. 65.1(f).
(b) Compliance standard. (1) Owners or operators of closed vent
systems and nonflare control devices used to comply with provisions of
this subpart shall design and operate the closed vent systems and
nonflare control devices to reduce emissions of regulated material with
an efficiency of 95 percent or greater, or to reduce emissions of
regulated material to a concentration of 20 parts per million by volume
or, for an enclosed combustion device, to provide a minimum residence
time of 0.50 second at a minimum of 760 [deg]C (1400 [deg]F). Owners and
operators of closed vent systems and nonflare control devices used to
comply with this part shall comply with the provisions of
Sec. 65.142(d), except as provided in
[[Page 87]]
Sec. 65.102(b). Note that this includes the startup, shutdown, and
malfunction plan specified in Sec. 65.6.
(2) Owners or operators of closed vent systems and flares used to
comply with the provisions of this subpart shall design and operate the
flare as specified in Sec. 65.142(d), except as provided in
Sec. 65.102(b). Note that this includes the startup, shutdown, and
malfunction plan specified in Sec. 65.6.
(3) Owners or operators routing emissions from equipment leaks to a
fuel gas system or process shall comply with the provisions of
Sec. 65.142(d), except as provided in Sec. 65.102(b).
Sec. 65.116 Quality improvement program for pumps.
(a) Criteria. If, on a 6-month rolling average, at least the greater
of either 10 percent of the pumps in a process unit (or plant site) or
three pumps in a process unit (or plant site) leak, the owner or
operator shall comply with the following requirements:
(1) Pumps that are in food/medical service or in polymerizing
monomer service shall comply with all requirements except for those
specified in paragraph (d)(8) of this section.
(2) Pumps that are not in food/medical or polymerizing monomer
service shall comply with all requirements of this section.
(b) Exiting the QIP. The owner or operator shall comply with the
requirements of this section until the number of leaking pumps is less
than the greater of either 10 percent of the pumps or three pumps
calculated as a 6-month rolling average in the process unit (or plant
site). Once the performance level is achieved, the owner or operator
shall comply with the requirements in Sec. 65.107.
(c) Resumption of QIP. If in a subsequent monitoring period, the
process unit (or plant site) has the greater of either 10 percent of the
pumps leaking or three pumps leaking (calculated as a 6-month rolling
average), the owner or operator shall resume the quality improvement
program starting at performance trials.
(d) QIP requirements. The quality improvement program shall meet the
requirements specified in paragraphs (d)(1) through (8) of this section.
(1) The owner or operator shall comply with the requirements in
Sec. 65.107.
(2) Data collection. The owner or operator shall collect the data
specified in paragraphs (d)(2)(i) through (v) of this section and
maintain records for each pump in each process unit (or plant site)
subject to the quality improvement program. The data may be collected
and the records may be maintained on a process unit or plant site basis.
(i) Pump type (for example, piston, horizontal or vertical
centrifugal, gear, bellows); pump manufacturer; seal type and
manufacturer; pump design (for example, external shaft, flanged body);
materials of construction; if applicable, barrier fluid or packing
material; and year installed.
(ii) Service characteristics of the stream such as discharge
pressure, temperature, flow rate, corrosivity, and annual operating
hours.
(iii) The maximum instrument readings observed in each monitoring
observation before repair, response factor for the stream if
appropriate, instrument model number, and date of the observation.
(iv) If a leak is detected, the repair methods used and the
instrument readings after repair.
(v) If the data will be analyzed as part of a larger analysis
program involving data from other plants or other types of process
units, a description of any maintenance or quality assurance programs
used in the process unit that are intended to improve emission
performance.
(3) The owner or operator shall continue to collect data on the
pumps as long as the process unit (or plant site) remains in the quality
improvement program.
(4) Pump or pump seal inspection. The owner or operator shall
inspect all pumps or pump seals that exhibited frequent seal failures
and were removed from the process unit due to leaks. The inspection
shall determine the probable cause of the pump seal failure or of the
pump leak and shall include recommendations, as appropriate, for design
changes or changes in specifications to reduce leak potential.
(5) Data analysis. (i) The owner or operator shall analyze the data
collected
[[Page 88]]
to comply with the requirements of paragraph (d)(2) of this section to
determine the services, operating or maintenance practices, and pump or
pump seal designs or technologies that have poorer than average emission
performance and those that have better than average emission
performance. The analysis shall determine if specific trouble areas can
be identified on the basis of service, operating conditions or
maintenance practices, equipment design, or other process-specific
factors.
(ii) The analysis shall also be used to determine if there are
superior performing pump or pump seal technologies that are applicable
to the service(s), operating conditions, or pump or pump seal designs
associated with poorer than average emission performance. A superior
performing pump or pump seal technology is one with a leak frequency of
less than 10 percent for specific applications in the process unit or
plant site. A candidate superior performing pump or pump seal technology
is one demonstrated or reported in the available literature or through a
group study as having low emission performance and as being capable of
achieving less than 10 percent leaking pumps in the process unit (or
plant site).
(iii) The analysis shall include consideration of the following
information:
(A) The data obtained from the inspections of pumps and pump seals
removed from the process unit due to leaks;
(B) Information from the available literature and from the
experience of other plant sites that will identify pump designs or
technologies and operating conditions associated with low emission
performance for specific services; and
(C) Information on limitations on the service conditions for the
pump seal technology operating conditions as well as information on
maintenance procedures to ensure continued low emission performance.
(iv) The data analysis may be conducted through an inter- or
intracompany program (or through some combination of the two approaches)
and may be for a single process unit, a plant site, a company, or a
group of process units.
(v) The first analysis of the data shall be completed no later than
18 months after the start of the quality improvement program. The first
analysis shall be performed using data collected for a minimum of 6
months. An analysis of the data shall be done each year the process unit
is in the quality improvement program.
(6) Trial evaluation program. A trial evaluation program shall be
conducted at each plant site for which the data analysis does not
identify use of superior performing pump seal technology or pumps that
can be applied to the areas identified as having poorer than average
performance except as provided in paragraph (d)(6)(v) of this section.
The trial program shall be used to evaluate the feasibility of using in
the process unit (or plant site) the pump designs or seal technologies,
and operating and maintenance practices that have been identified by
others as having low emission performance.
(i) The trial evaluation program shall include on-line trials of
pump seal technologies or pump designs and operating and maintenance
practices that have been identified in the available literature or in
analysis by others as having the ability to perform with leak rates
below 10 percent in similar services, as having low probability of
failure, or as having no external actuating mechanism in contact with
the process fluid. If any of the candidate superior performing pump seal
technologies or pumps is not included in the performance trials, the
reasons for rejecting specific technologies from consideration shall be
documented as required in paragraph (e)(3)(ii) of this section.
(ii) The number of pump seal technologies or pumps in the trial
evaluation program shall be the lesser of 1 percent or two pumps for
programs involving single process units, and the lesser of 1 percent or
five pumps for programs involving a plant site or groups of process
units. The minimum number of pumps or pump seal technologies in a trial
program shall be one.
(iii) The trial evaluation program shall specify and include
documentation of the following information:
[[Page 89]]
(A) The candidate superior performing pump seal designs or
technologies to be evaluated, the stages for evaluating the identified
candidate pump designs or pump seal technologies, including the time
period necessary to test the applicability;
(B) The frequency of monitoring or inspection of the equipment;
(C) The range of operating conditions over which the component will
be evaluated; and
(D) Conclusions regarding the emission performance and the
appropriate operating conditions and services for the trial pump seal
technologies or pumps.
(iv) The performance trials shall initially be conducted at least
for a 6-month period beginning not later than 18 months after the start
of the quality improvement program. No later than 24 months after the
start of the quality improvement program, the owner or operator shall
have identified pump seal technologies or pump designs that, combined
with appropriate process, operating, and maintenance practices, operate
with low emission performance for specific applications in the process
unit. The owner or operator shall continue to conduct performance trials
as long as no superior performing design or technology has been
identified, except as provided in paragraph (d)(6)(vi) of this section.
The initial list of superior emission performance pump designs or pump
seal technologies shall be amended in the future, as appropriate, as
additional information and experience are obtained.
(v) Any plant site with fewer than 400 valves and owned by a
corporation with fewer than 100 employees shall be exempt from trial
evaluations of pump seals or pump designs. Plant sites exempt from the
trial evaluations of pumps shall begin the pump seal or pump replacement
program at the start of the fourth year of the quality improvement
program.
(vi) An owner or operator who has conducted performance trials on
all alternative superior emission performance technologies suitable for
the required applications in the process unit may stop conducting
performance trials provided that a superior performing design or
technology has been demonstrated, or there are no technically feasible
alternative superior technologies remaining. The owner or operator shall
prepare an engineering evaluation documenting the physical, chemical, or
engineering basis for the judgment that the superior emission
performance technology is technically infeasible or demonstrating that
it would not reduce emissions.
(7) Quality assurance program. Each owner or operator shall prepare
and implement a pump quality assurance program that details purchasing
specifications and maintenance procedures for all pumps and pump seals
in the process unit. The quality assurance program may establish any
number of categories, or classes, of pumps as needed to distinguish
among operating conditions and services associated with poorer than
average emission performance, as well as those associated with better
than average emission performance. The quality assurance program shall
be developed considering the findings of the data analysis required
under paragraph (d)(5) of this section, if applicable; the findings of
the trial evaluation required in paragraph (d)(6) of this section; and
the operating conditions in the process unit. The quality assurance
program shall be updated each year as long as the process unit has the
greater of either 10 percent or more leaking pumps or has three leaking
pumps.
(i) The quality assurance program shall meet the following
requirements:
(A) Establish minimum design standards for each category of pumps or
pump seal technology. The design standards shall specify known critical
parameters such as tolerance, manufacturer, materials of construction,
previous usage, or other applicable identified critical parameters;
(B) Require that all equipment orders specify the design standard
(or minimum tolerances) for the pump or the pump seal;
(C) Provide for an audit procedure for quality control of purchased
equipment to ensure conformance with purchase specifications. The audit
program may be conducted by the owner or operator of the plant site or
process unit or by a designated representative; and
[[Page 90]]
(D) Detail off-line pump maintenance and repair procedures. These
procedures shall include provisions to ensure that rebuilt or
refurbished pumps and pump seals will meet the design specifications for
the pump category and will operate so that emissions are minimized.
(ii) The quality assurance program shall be established no later
than the start of the third year of the quality improvement program for
plant sites with 400 or more valves or 100 or more employees, and no
later than the start of the fourth year of the quality improvement
program for plant sites with less than 400 valves and less than 100
employees.
(8) Pump or pump seal replacement. Beginning at the start of the
third year of the quality improvement program for plant sites with 400
or more valves or 100 or more employees and at the start of the fourth
year of the quality improvement program for plant sites with less than
400 valves and less than 100 employees, the owner or operator shall
replace as described in paragraphs (d)(8)(i) and (ii) of this section
the pumps or pump seals that are not superior emission performance
technology with pumps or pump seals that have been identified as
superior emission performance technology and that comply with the
quality assurance standards for the pump category. Superior emission
performance technology is that category or design of pumps or pump seals
with emission performance that, when combined with appropriate process,
operating, and maintenance practices, will result in less than 10
percent leaking pumps for specific applications in the process unit or
plant site. Superior emission performance technology includes material
or design changes to the existing pump, pump seal, seal support system,
installation of multiple mechanical seals or equivalent, or pump
replacement.
(i) Pumps or pump seals shall be replaced at the rate of 20 percent
per year based on the total number of pumps in light liquid service. The
calculated value shall be rounded to the nearest nonzero integer value.
The minimum number of pumps or pump seals shall be one. Pump replacement
shall continue until all pumps subject to the requirements of
Sec. 65.107 are pumps determined to be superior performance technology.
(ii) The owner or operator may delay replacement of pump seals or
pumps with superior technology until the next planned process unit
shutdown provided the number of pump seals and pumps replaced is
equivalent to the 20 percent or greater annual replacement rate.
(iii) The pumps shall be maintained as specified in the quality
assurance program.
(e) QIP recordkeeping. In addition to the records required by
paragraph (d)(2) of this section, the owner or operator shall maintain
records for the period of the quality improvement program for the
process unit as specified in paragraphs (e)(1) through (6) of this
section.
(1) When using a pump quality improvement program as specified in
this section, record the following information:
(i) The rolling average percent leaking pumps.
(ii) Documentation of all inspections conducted under the
requirements of paragraph (d)(4) of this section and any recommendations
for design or specification changes to reduce leak frequency.
(iii) The beginning and ending dates while meeting the requirements
of paragraph (d) of this section.
(2) If a leak is not repaired within 15 calendar days after
discovery of the leak, the reason for the delay and the expected date of
successful repair.
(3) Records of all analyses required in paragraph (d) of this
section. The records will include the following information:
(i) A list identifying areas associated with poorer than average
performance and the associated service characteristics of the stream,
the operating conditions, and the maintenance practices.
(ii) The reasons for rejecting specific candidate superior emission
performing pump technology from performance trials.
(iii) The list of candidate superior emission performing valve or
pump technologies and documentation of the performance trial program
items required under paragraph (d)(6)(iii) of this section.
[[Page 91]]
(iv) The beginning date and duration of performance trials of each
candidate superior emission performing technology.
(4) All records documenting the quality assurance program for pumps
as specified in paragraph (d)(7) of this section, including records
indicating that all pumps replaced or modified during the period of the
quality improvement program are in compliance with the quality
assurance.
(5) Records documenting compliance with the 20 percent or greater
annual replacement rate for pumps as specified in paragraph (d)(8) of
this section.
(6) Information and data to show the corporation has fewer than 100
employees, including employees providing professional and technical
contracted services.
Sec. 65.117 Alternative means of emission limitation: Batch processes.
(a) General requirement. As an alternative to complying with the
requirements of Secs. 65.106 through 65.114 and Sec. 65.116, an owner or
operator of a batch process that operates in regulated material service
during the calendar year may comply with one of the standards specified
in paragraphs (b) and (c) of this section, or the owner or operator may
petition for approval of an alternative standard under the provisions of
Sec. 65.102(b). The alternative standards of this section provide the
options of pressure testing or monitoring the equipment for leaks. The
owner or operator may switch among the alternatives provided the change
is documented as specified in paragraph (b)(7) of this section.
(b) Pressure testing of the batch equipment. The following
requirements shall be met if an owner or operator elects to use pressure
testing of batch product-process equipment to demonstrate compliance
with this subpart:
(1) Reconfiguration. Each time equipment is reconfigured for
production of a different product or intermediate, the batch product-
process equipment train shall be pressure-tested for leaks before
regulated material is first fed to the equipment and the equipment is
placed in regulated material service.
(i) When the batch product-process equipment train is reconfigured
to produce a different product, pressure testing is required only for
the new or disturbed equipment.
(ii) Each batch product-process that operates in regulated material
service during a calendar year shall be pressure-tested at least once
during that calendar year.
(iii) Pressure testing is not required for routine seal breaks, such
as changing hoses or filters, that are not part of the reconfiguration
to produce a different product or intermediate.
(2) Testing procedures. The batch product-process equipment shall be
tested either using the procedures specified in paragraph (b)(5) of this
section for pressure vacuum loss or with a liquid using the procedures
specified in paragraph (b)(6) of this section.
(3) Leak detection. (i) For pressure or vacuum tests using a gas, a
leak is detected if the rate of change in pressure is greater than 6.9
kilopascals (1 pound per square inch gauge) in 1 hour or if there is
visible, audible, or olfactory evidence of fluid loss.
(ii) For pressure tests using a liquid, a leak is detected if there
are indications of liquids dripping or if there is other evidence of
fluid loss.
(4) Leak repair. (i) If a leak is detected, it shall be repaired and
the batch product-process equipment shall be retested before startup of
the process.
(ii) If a batch product-process fails the retest (the second of two
consecutive pressure tests), it shall be repaired as soon as practical
but not later than 30 calendar days after the second pressure test,
except as specified in paragraph (e) of this section.
(5) Gas pressure test procedure for pressure or vacuum loss. The
following procedures shall be used to pressure test batch product-
process equipment for pressure or vacuum loss to demonstrate compliance
with the requirements of paragraph (b)(3)(i) of this section:
(i) The batch product-process equipment train shall be pressurized
with a gas to a pressure less than the set pressure of any safety relief
devices or valves or to a pressure slightly above the operating pressure
of the equipment, or alternatively the equipment shall be placed under a
vacuum.
[[Page 92]]
(ii) Once the test pressure is obtained, the gas source or vacuum
source shall be shut off.
(iii) The test shall continue for not less than 15 minutes unless it
can be determined in a shorter period of time that the allowable rate of
pressure drop or of pressure rise was exceeded. The pressure in the
batch product-process equipment shall be measured after the gas or
vacuum source is shut off and at the end of the test period. The rate of
change in pressure in the batch product-process equipment shall be
calculated using Equation 117-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.007
Where:
[Delta](P/t) = Change in pressure, pounds per square inch gauge/hr.
Pf = Final pressure, pounds per square inch gauge.
Pi = Initial pressure, pounds per square inch gauge.
tf - ti = Elapsed time, hours.
(iv) The pressure shall be measured using a pressure measurement
device (gauge, manometer, or equivalent) that has a precision of
[plusmn]2.5 millimeters mercury (0.10 inch of mercury) in the range of
test pressure and is capable of measuring pressures up to the relief set
pressure of the pressure relief device. If such a pressure measurement
device is not reasonably available, the owner or operator shall use a
pressure measurement device with a precision of at least [plusmn]10
percent of the test pressure of the equipment and shall extend the
duration of the test for the time necessary to detect a pressure loss or
rise that equals a rate of 1 pound per square inch gauge per hour (7
kilopascals per hour).
(v) An alternative procedure may be used for leak testing the
equipment if the owner or operator demonstrates the alternative
procedure is capable of detecting a pressure loss or rise.
(6) Pressure test procedure using test liquid. The following
procedures shall be used to pressure test batch product-process
equipment using a liquid to demonstrate compliance with the requirements
of paragraph (b)(3)(ii) of this section:
(i) The batch product-process equipment train or section of the
equipment train shall be filled with the test liquid (for example,
water, alcohol) until normal operating pressure is obtained. Once the
equipment is filled, the liquid source shall be shut off.
(ii) The test shall be conducted for a period of at least 60 minutes
unless it can be determined in a shorter period of time that the test is
a failure.
(iii) Each seal in the equipment being tested shall be inspected for
indications of liquid dripping or other indications of fluid loss. If
there are any indications of liquids dripping or of fluid loss, a leak
is detected.
(iv) An alternative procedure may be used for leak testing the
equipment if the owner or operator demonstrates the alternative
procedure is capable of detecting losses of fluid.
(7) Pressure testing recordkeeping. The owner or operator of a batch
product-process who elects to pressure test the batch product-process
equipment train to demonstrate compliance with this subpart shall
maintain records of the information specified in paragraphs (b)(7)(i)
through (v) of this section.
(i) The identification of each product or product code produced
during the calendar year. It is not necessary to identify individual
items of equipment in a batch product-process equipment train.
(ii) Physical tagging of the equipment to identify that it is in
regulated material service and subject to the provisions of this subpart
is not required. Equipment in a batch product-process subject to the
provisions of this subpart may be identified on a plant site plan, in
log entries, or by other appropriate methods.
(iii) The dates of each pressure test required in paragraph (b) of
this section, the test pressure, and the pressure drop observed during
the test.
(iv) Records of any visible, audible, or olfactory evidence of fluid
loss.
[[Page 93]]
(v) When a batch product-process equipment train does not pass two
consecutive pressure tests, as specified in paragraph (b)(4)(ii) of this
section, the following information shall be recorded in a log and kept
for 2 years:
(A) The date of each pressure test and the date of each leak repair
attempt;
(B) Repair methods applied in each attempt to repair the leak;
(C) The reason for the delay of repair;
(D) The expected date for delivery of the replacement equipment and
the actual date of delivery of the replacement equipment; and
(E) The date of successful repair.
(c) Equipment monitoring. The following requirements shall be met if
an owner or operator elects to monitor the equipment in a batch process
to detect leaks by the method specified in Sec. 65.104(b) and (c) to
demonstrate compliance with this subpart:
(1) The owner or operator shall comply with the requirements of
Secs. 65.106 through 65.116 as modified by paragraphs (c)(2) through (4)
of this section.
(2) The equipment shall be monitored for leaks by the method
specified in Sec. 65.104(b) and (c) when the equipment is in regulated
material service or is in use with any other detectable material.
(3) The equipment shall be monitored for leaks as specified in the
following:
(i) Each time the equipment is reconfigured for the production of a
new product, the reconfigured equipment shall be monitored for leaks
within 30 days of startup of the process. This initial monitoring of
reconfigured equipment shall not be included in determining percent
leaking equipment in the process unit.
(ii) Connectors shall be monitored in accordance with the
requirements in Sec. 65.108.
(iii) Equipment other than connectors shall be monitored at the
frequencies specified in table 1 to this subpart. The operating time
shall be determined as the proportion of the year the batch product-
process that is subject to the provisions of this subpart is operating.
(iv) The monitoring frequencies specified in paragraph (c)(3)(iii)
of this section are not requirements for monitoring at specific
intervals and can be adjusted to accommodate process operations. An
owner or operator may monitor anytime during the specified monitoring
period (for example, month, quarter, year), provided the monitoring is
conducted at a reasonable interval after completion of the last
monitoring campaign. For example, if the equipment is not operating
during the scheduled monitoring period, the monitoring can be done
during the next period when the process is operating.
(4) If a leak is detected, it shall be repaired as soon as practical
but not later than 15 calendar days after it is detected except as
provided in paragraph (e) of this section.
(d) Added equipment recordkeeping. (1) For batch product-process
units that the owner or operator elects to monitor as provided under
paragraph (c) of this section, the owner or operator shall prepare a
list of equipment added to batch product-process units since the last
monitoring period required in paragraphs (c)(3)(ii) and (iii) of this
section.
(2) Maintain records demonstrating the proportion of the time during
the calendar year the equipment is in use in a batch process that is
subject to the provisions of this subpart. Examples of suitable
documentation are records of time in use for individual pieces of
equipment or average time in use for the process unit. These records are
not required if the owner or operator does not adjust monitoring
frequency by the time in use, as provided in paragraph (c)(3)(iii) of
this section.
(3) Record and keep pursuant to Sec. 65.4 the date and results of
the monitoring required in paragraph (c)(3)(i) of this section for
equipment added to a batch product-process unit since the last
monitoring period required in paragraphs (c)(3)(ii) and (iii) of this
section. If no leaking equipment is found during this monitoring, the
owner or operator shall record that the inspection was performed.
Records of the actual monitoring results are not required.
(e) Delay of repair. Delay of repair of equipment for which leaks
have been detected is allowed if the replacement equipment is not
available provided the following conditions are met:
[[Page 94]]
(1) Equipment supplies have been depleted and supplies had been
sufficiently stocked before the supplies were depleted.
(2) The repair is made no later than 10 calendar days after delivery
of the replacement equipment.
(f) Periodic report contents. For owners or operators electing to
meet the requirements of paragraph (b) of this section, the following
periodic report to be filed pursuant to Sec. 65.120(b) shall include the
following information for each process unit:
(1) Batch product-process equipment train identification;
(2) The number of pressure tests conducted;
(3) The number of pressure tests where the equipment train failed
the pressure test; and
(4) The facts that explain any delay of repairs.
Sec. 65.118 Alternative means of emission limitation: Enclosed-vented process units.
(a) Use of closed vent system and control device. Process units that
are enclosed in such a manner that all emissions from equipment leaks
are routed to a process or fuel gas system or collected and vented
through a closed vent system to a control device meeting the
requirements of Sec. 65.115 are exempt from the requirements of
Secs. 65.106 through 65.114 and Sec. 65.116. The enclosure shall be
maintained under a negative pressure at all times while the process unit
is in operation to ensure that all emissions are routed to a control
device.
(b) Recordkeeping. Owners and operators choosing to comply with the
requirements of this section shall maintain the following records:
(1) Identification of the process unit(s) and the regulated
materials they handle.
(2) A schematic of the process unit, enclosure, and closed vent
system.
(3) A description of the system used to create a negative pressure
in the enclosure to ensure that all emissions are routed to the control
device.
Sec. 65.119 Recordkeeping provisions.
(a) Recordkeeping system. An owner or operator of more than one
regulated source subject to the provisions of this subpart may comply
with the recordkeeping requirements for these regulated sources in one
recordkeeping system. The recordkeeping system shall identify each
record by regulated source and the type of program being implemented
(for example, quarterly monitoring, quality improvement) for each type
of equipment. The records required by this subpart are summarized in
paragraphs (b) and (c) of this section.
(b) General equipment leak records. (1) As specified in
Sec. 65.103(a) through (c), the owner or operator shall keep general and
specific equipment identification if the equipment is not physically
tagged and the owner or operator is electing to identify the equipment
subject to subpart F of this part through written documentation such as
a log or other designation.
(2) The owner or operator shall keep a written plan as specified in
Sec. 65.103(c)(4) for any equipment that is designated as unsafe- or
difficult-to-monitor.
(3) The owner or operator shall maintain a record of the identity
and an explanation as specified in Sec. 65.103(d)(2) for any equipment
that is designated as unsafe to repair.
(4) As specified in Sec. 65.103(e), the owner or operator shall
maintain a record of the identity of compressors operating with an
instrument reading of less than 500 parts per million.
(5) The owner or operator shall keep records associated with the
determination that equipment is in heavy liquid service as specified in
Sec. 65.103(f).
(6) The owner or operator shall keep records for leaking equipment
as specified in Sec. 65.104(e)(2).
(7) The owner or operator shall keep records for leak repair as
specified in Sec. 65.105(f) and records for delay of repair as specified
in Sec. 65.105(d).
(8) For instrument response factor criteria determinations performed
pursuant to Sec. 65.104(b)(2)(i), the owner or operator shall maintain a
record of an engineering assessment that identifies the representative
composition of the process fluid. The assessment shall be based on
knowledge of the compounds present in the process, similarity of
response factors for the materials
[[Page 95]]
present, the range of compositions encountered during monitoring, or
other information available to the owner or operator.
(9) The owner or operator shall keep records of the detection limit
calibration as specified in Sec. 65.104(b)(3).
(c) Specific equipment leak records. (1) For valves, the owner or
operator shall maintain the following records:
(i) The monitoring schedule for each process unit as specified in
Sec. 65.106(b)(3)(v).
(ii) The valve subgrouping records specified in
Sec. 65.106(b)(4)(iv), if applicable.
(2) For pumps, the owner or operator shall maintain the following
records:
(i) Documentation of pump visual inspections as specified in
Sec. 65.107(b)(4).
(ii) Documentation of dual mechanical seal pump visual inspections
as specified in Sec. 65.107(e)(1)(v).
(iii) For the criteria as to the presence and frequency of drips for
dual mechanical seal pumps, records of the design criteria and
explanations and any changes and the reason for the changes, as
specified in Sec. 65.107(e)(1)(i).
(3) For connectors, the owner or operator shall maintain the records
specified in Sec. 65.108(b)(3)(v) which identify a monitoring schedule
for each process unit.
(4) For agitators, the owner or operator shall maintain the
following records:
(i) Documentation of agitator seal visual inspections as specified
in Sec. 65.109(b)(3).
(ii) For agitators equipped with a dual mechanical seal system that
includes barrier fluid system, the owner or operator shall keep records
as specified in Sec. 65.109(e)(1)(vi)(B).
(iii) Documentation of the dual mechanical seal agitator seal visual
inspections as specified in Sec. 65.109(e)(1)(iv).
(5) For pressure relief devices in gas/vapor or light liquid
service, the owner or operator shall keep records of the dates and
results of monitoring following a pressure release, as specified in
Sec. 65.111(c)(3), or the date the rupture disk is replaced as specified
in Sec. 65.111(e).
(6) For compressors, the owner or operator shall maintain the
following records:
(i) For criteria as to failure of the seal system and/or the barrier
fluid system, record the design criteria and explanations and any
changes and the reason for the changes, as specified in
Sec. 65.112(d)(2).
(ii) For compressors operating under the alternative compressor
standard, record the dates and results of each compliance test as
specified in Sec. 65.112(f)(2).
(7) For a pump QIP program, the owner or operator shall maintain the
following records:
(i) Individual pump records as specified in Sec. 65.116(d)(2).
(ii) Trial evaluation program documentation as specified in
Sec. 65.116(d)(6)(iii).
(iii) Engineering evaluation documenting the basis for judgement
that superior emission performance technology is not applicable as
specified in Sec. 65.116(d)(6)(vi).
(iv) Quality assurance program documentation as specified in
Sec. 65.116(d)(7).
(v) QIP records as specified in Sec. 65.116(e).
(8) For process units complying with the batch process unit
alternative, the owner or operator shall maintain the following records:
(i) Pressure test records as specified in Sec. 65.117(b)(7).
(ii) Records for equipment added to the process unit as specified in
Sec. 65.117(d).
(9) For process units complying with the enclosed-vented process
unit alternative, the owner or operator shall maintain the records for
enclosed-vented process units as specified in Sec. 65.118(b).
Sec. 65.120 Reporting provisions.
(a) Initial Compliance Status Report. Unless the information
specified in paragraphs (a)(1) through (3) of this section has
previously been submitted under the referencing subpart, each owner or
operator shall submit an Initial Compliance Status Report according to
the procedures in Sec. 65.5(d). The notification shall include the
information listed in paragraphs (a)(1) through (3) of this section, as
applicable.
[[Page 96]]
(1) The notification shall provide the following information for
each process unit subject to the requirements of this subpart:
(i) Process unit identification;
(ii) Number of each equipment type (for example, valves, pumps)
excluding equipment in vacuum service; and
(iii) Method of compliance with the standard (for example, ``monthly
leak detection and repair'' or ``equipped with dual mechanical seals'').
(2) The notification shall provide the following information for
each process unit subject to the requirements of Sec. 65.117(b):
(i) Batch products or product codes subject to the provisions of
this subpart; and
(ii) Planned schedule for pressure testing when equipment is
configured for production of products subject to the provisions of this
subpart.
(3) The notification shall provide the following information for
each process unit subject to the requirements in Sec. 65.118:
(i) Process unit identification;
(ii) A description of the system used to create a negative pressure
in the enclosure, and the control device used to comply with the
requirements of subpart G of this part.
(b) Periodic reports. The owner or operator shall report the
information specified in paragraphs (b)(1) through (9) of this section,
as applicable, in the periodic report specified in Sec. 65.5(e).
(1) For the equipment specified in paragraphs (b)(1)(i) through (v)
of this section, report in a summary format by equipment type the number
of components for which leaks were detected, and for valves, pumps, and
connectors show the percent leakers and the total number of components
monitored. Also include the number of leaking components that were not
repaired as required by Sec. 65.105(a), and for valves identify the
number of components that are determined by Sec. 65.106(c)(3) to be
nonrepairable.
(i) Valves in gas/vapor service and in light liquid service pursuant
to Sec. 65.106(b) and (c).
(ii) Pumps in light liquid service pursuant to Sec. 65.107(b) and
(c).
(iii) Connectors in gas/vapor service and in light liquid service
pursuant to Sec. 65.108(b) and (c).
(iv) Agitators in gas/vapor service and in light liquid service
pursuant to Sec. 65.109(b).
(v) Compressors pursuant to Sec. 65.112(d).
(2) Where any delay of repair is utilized pursuant to
Sec. 65.105(d), report that delay of repair has occurred and report the
number of instances of delay of repair.
(3) If applicable, report the valve subgrouping information
specified in Sec. 65.106(b)(4)(iv).
(4) For pressure relief devices in gas/vapor service pursuant to
Sec. 65.111(b) and for compressors pursuant to Sec. 65.112(f) that are
to be operated at a leak detection instrument reading of less than 500
parts per million, report the results of all monitoring to show
compliance conducted within the semiannual reporting period.
(5) Report, if applicable, the initiation of a monthly monitoring
program for valves pursuant to Sec. 65.106(b)(3)(i).
(6) Report, if applicable, the initiation of a quality improvement
program for pumps pursuant to Sec. 65.116.
(7) [Reserved]
(8) Where the alternative means of emissions limitation for batch
processes is utilized, report the information listed in Sec. 65.117(f).
(9) Report the information listed in paragraph (a) of this section
for the Initial Compliance Status Report for process units with later
compliance dates. Report any revisions to items reported in an earlier
Initial Compliance Status Report if the method of compliance has changed
since the last report.
Secs. 65.121-65.139 [Reserved]
Table 1 to Subpart F of Part 65--Batch Processes Monitoring
Frequency for Equipment Other Than Connectors
----------------------------------------------------------------------------------------------------------------
Equivalent continuous process monitoring frequency time in use
Operating time (percent of year) --------------------------------------------------------------------------
Monthly Quarterly Semiannually
----------------------------------------------------------------------------------------------------------------
0 to <25............................. Quarterly.............. Annually............... Annually.
[[Page 97]]
25 to <50............................ Quarterly.............. Semiannually........... Annually.
50 to <75............................ Bimonthly.............. Three times............ Semiannually.
75 to 100............................ Monthly................ Quarterly.............. Semiannually.
----------------------------------------------------------------------------------------------------------------
Subpart G--Closed Vent Systems, Control Devices, and Routing to a Fuel
Gas System or a Process
Sec. 65.140 Applicability.
The provisions of this subpart and of subpart A of this part
(including the startup, shutdown, and malfunction provisions in
Sec. 65.6) apply to routing emissions to processes, fuel gas systems,
closed vent systems, control devices, and recovery devices where another
subpart expressly references the use of this subpart.
Sec. 65.141 Definitions.
All terms used in this subpart shall have the meaning given them in
the Act and in subpart A of this part. If a term is defined in both
subpart A of this part and in other subparts that reference the use of
this subpart, the term shall have the meaning given in subpart A of this
part for purposes of this subpart.
Sec. 65.142 Standards.
(a) Storage vessel requirements. The owner or operator expressly
referenced to this subpart from subpart C of this part shall comply with
the following requirements, as applicable:
(1) Closed vent system and flare. Owners or operators subject to
Sec. 65.42(b)(4) who route storage vessel emissions through a closed
vent system to a flare shall meet the requirements in Sec. 65.143 for
closed vent systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b),
and (c) for provisions regarding flare compliance determinations; and
the monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to storage vessel
emissions routed through a closed vent system to a flare.
(2) Closed vent system and nonflare control device. Owners or
operators subject to Sec. 65.42(b)(5) who route storage vessel emissions
through a closed vent system to a nonflare control device shall meet the
requirements in Sec. 65.143 for closed vent systems and Sec. 65.145 for
nonflare control devices and the monitoring, recordkeeping, and
reporting requirements referenced therein. No other provisions of this
subpart apply to storage vessel emissions routed through a closed vent
system to a nonflare control device unless specifically required in the
monitoring plan submitted under Sec. 65.145(c).
(3) Route to a fuel gas system or process. Owners or operators
subject to Sec. 65.42(b)(6) who route storage vessel emissions to a fuel
gas system or to a process shall meet the requirements in Sec. 65.144
and the monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to storage vessel
emissions being routed to a fuel gas system or to a process.
(b) Process vent requirements. The owner or operator expressly
referenced to this subpart from subpart D of this part or 40 CFR part
60, subpart DDD, shall comply with the following requirements, as
applicable:
(1) Flare. Owners or operators subject to Sec. 65.63(a)(1) or 40 CFR
60.562-1(a)(1)(i)(C) who route process vent emissions to a flare shall
meet the applicable requirements in Sec. 65.143 for closed vent systems;
Sec. 65.147 for flares; and Sec. 65.157(a), (b), and (c) for provisions
regarding flare compliance determinations; and the monitoring,
recordkeeping, and reporting requirements referenced therein. No other
provisions of this subpart apply to process vent emissions routed
through a closed vent system to a flare.
(2) Nonflare control device. Owners or operators subject to
Sec. 65.63(a)(2) or 40 CFR 60.562-1(a)(1)(i)(A) or (B) who route process
vent emissions to a nonflare control device shall meet the applicable
requirements in Sec. 65.143 for closed
[[Page 98]]
vent systems; the requirements applicable to the control devices being
used in Secs. 65.148 through 65.152 or Sec. 65.155; the applicable
general monitoring requirements of Sec. 65.156; the applicable
performance test requirements and procedures of Secs. 65.157 and 65.158;
and the monitoring, recordkeeping, and reporting requirements referenced
therein. Owners or operators subject to the halogen reduction device
requirements of Sec. 65.63(b)(1) must also comply with Sec. 65.154 and
the monitoring, recordkeeping, and reporting requirements referenced
therein. The requirements of Secs. 65.144 through 65.146 do not apply to
process vents. No other provisions of this subpart apply to process vent
emissions routed through a closed vent system to a nonflare control
device.
(3) Final recovery devices. Owners or operators subject to
Sec. 65.63(a)(3) who use a final recovery device to maintain the TRE
index value of a Group 2A process vent above 1.0 shall meet the
requirements in Sec. 65.153, and the monitoring, recordkeeping, and
reporting requirements referenced therein applicable to the recovery
device being used and the applicable monitoring requirements in
Sec. 65.156, and the recordkeeping and reporting requirements referenced
therein, except for Sec. 65.156(c)(2)(ii). No other provisions of this
subpart apply to Group 2A process vents.
(c) Transfer rack requirements. The owner or operator expressly
referenced to this subpart from subpart E of this part shall comply with
the following requirements, as applicable:
(1) Closed vent system and flare. Owners or operators subject to
Sec. 65.83(a)(2) who route transfer rack emissions through a closed vent
system to a flare shall meet the applicable requirements in Sec. 65.143
for closed vent systems; Sec. 65.147 for flares; and Sec. 65.157(a),
(b), and (c) for provisions regarding flare compliance determinations;
and the monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to transfer rack
emissions routed through a closed vent system to a flare.
(2) Closed vent system and nonflare control device for low-
throughput transfer racks. Owners or operators of low-throughput
transfer racks subject to Sec. 65.83(a)(1) who route low-throughput
transfer rack emissions through a closed vent system to a nonflare
control device shall meet the applicable requirements in Sec. 65.143 for
closed vent systems and Sec. 65.145 for nonflare control devices and the
monitoring, recordkeeping, and reporting requirements referenced
therein. Owners or operators subject to the halogen reduction
requirements of Sec. 65.83(b)(1) must also comply with the recordkeeping
requirement of Sec. 65.160(d) and the reporting requirement of
Sec. 65.165(d). No other provisions of this subpart apply to low-
throughput transfer rack emissions routed through a closed vent system
to a nonflare control device unless specifically required in the
monitoring plan submitted under Sec. 65.145(c).
(3) Closed vent system and nonflare control devices for high-
throughput transfer racks. Owners or operators of high-throughput
transfer racks subject to Sec. 65.83(a)(1) who route high-throughput
transfer rack emissions through a closed vent system to a nonflare
control device shall meet the applicable requirements in Sec. 65.143 for
closed vent systems; the requirements applicable to the control device
being used in Secs. 65.148 through 65.152 or Sec. 65.155; the applicable
general monitoring of Sec. 65.156; the applicable performance test
requirements and procedures of Secs. 65.157 and 65.158; and the
monitoring, recordkeeping, and reporting requirements referenced
therein. Owners or operators subject to the halogen reduction device
requirements of Sec. 65.83(b)(1) must also comply with Sec. 65.154 and
the monitoring, recordkeeping, and reporting requirements referenced
therein. The requirements of Secs. 65.144 through 65.146 do not apply to
high-throughput transfer rack emissions routed through a closed vent
system to a nonflare control device. No other provisions of this subpart
apply to high-throughput transfer rack emissions routed through a closed
vent system to a nonflare control device.
(4) Route to a fuel gas system or to a process. Owners or operators
subject to Sec. 65.83(a)(4) of this part who route transfer rack
emissions to a fuel gas system or to a process shall meet the applicable
requirements in Sec. 65.144 and
[[Page 99]]
the monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to transfer rack
emissions being routed to a fuel gas system or to a process.
(d) Equipment leak requirements. The owner or operator expressly
referenced to this subpart from subpart F of this part shall comply with
the following requirements, as applicable:
(1) Closed vent system and flare. Owners or operators subject to
Sec. 65.115(b) who route equipment leak emissions through a closed vent
system to a flare shall meet the requirements in Sec. 65.143 for closed
vent systems; Sec. 65.147 for flares; and Sec. 65.157(a), (b), and (c)
for provisions regarding flare compliance determinations; and the
monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to equipment leak
emissions routed through a closed vent system to a flare.
(2) Closed vent system and nonflare control device. Owners or
operators subject to Sec. 65.115(b) who route equipment leak emissions
through a closed vent system to a nonflare control device shall meet the
requirements in Sec. 65.143 for closed vent systems, Sec. 65.146 for
nonflare control devices used for equipment leak emissions, and the
monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to equipment leak
emissions routed through a closed vent system to a nonflare control
device.
(3) Route to a fuel gas system or to a process. Owners or operators
subject to Sec. 65.115(b) who route equipment leak emissions to a fuel
gas system or to a process shall meet the requirements in Sec. 65.144
and the monitoring, recordkeeping, and reporting requirements referenced
therein. No other provisions of this subpart apply to equipment leak
emissions being routed to a fuel gas system or to a process.
(e) Combined emissions. When emissions of different kinds (for
example, emissions from process vents, transfer racks, and/or storage
vessels) are combined, the owner or operator shall comply with the
requirements of either paragraph (e)(1) or (2) of this section:
(1) Comply with the applicable requirements of this subpart for each
kind of emissions in the stream (for example, the requirements of
Sec. 65.142(b) for process vents, and the requirements of Sec. 65.142(c)
for transfer racks); or
(2) Comply with the first set of requirements identified in
paragraphs (e)(2)(i) through (iii) of this section which applies to any
individual emission stream that is included in the combined stream.
Compliance with the first applicable set of requirements identified in
paragraphs (e)(2)(i) through (iii) of this section constitutes
compliance with all other requirements in paragraphs (e)(2)(i) through
(iii) of this section applicable to other types of emissions in the
combined stream. The hierarchy is as follows:
(i) The requirements of Sec. 65.142(b) for Group 1 process vents,
including applicable monitoring, recordkeeping, and reporting;
(ii) The requirements of Sec. 65.142(c) for high-throughput transfer
racks, including applicable monitoring, recordkeeping, and reporting;
(iii) The requirements of Sec. 65.142(a) for control of emissions
from storage vessels or low-throughput transfer racks, including
monitoring, recordkeeping, and reporting.
Sec. 65.143 Closed vent systems.
(a) Closed vent system equipment and operating requirements. The
provisions of paragraph (a) of this section apply to closed vent systems
collecting regulated material from a storage vessel, process vent,
transfer rack, or equipment leaks.
(1) Collection of emissions. Each closed vent system shall be
designed and operated to collect the regulated material vapors from the
emission point and to route the collected vapors to a control device.
(2) Period of operation. Closed vent systems used to comply with the
provisions of this subpart shall be operated at all times when emissions
are vented to them.
(3) Bypass monitoring. Except for pressure relief devices needed for
safety purposes, low leg drains, high point bleeds, analyzer vents, and
open-ended valves or lines, the owner or operator
[[Page 100]]
shall comply with either of the following provisions for each closed
vent system that contains bypass lines that could divert a vent stream
to the atmosphere:
(i) Properly install, maintain, and operate a flow indicator that
takes a reading at least once every 15 minutes. Records shall be
generated as specified in Sec. 65.163(a)(1)(i). The flow indicator shall
be installed at the entrance to any bypass line.
(ii) Secure the bypass line valve in the non-diverting position with
a car-seal or a lock-and-key type configuration. A visual inspection of
the seal or closure mechanism shall be performed at least once every
month to ensure the valve is maintained in the non-diverting position
and the vent stream is not diverted through the bypass line. Records
shall be generated as specified in Sec. 65.163(a)(1)(ii).
(4) Loading arms at transfer racks. Each closed vent system
collecting regulated material from a transfer rack shall be designed and
operated so that regulated material vapors collected at one loading arm
will not pass through another loading arm in the rack to the atmosphere.
(5) Pressure relief devices in a transfer rack's closed vent system.
The owner or operator of a transfer rack subject to the provisions of
this subpart shall ensure that no pressure relief device in the transfer
rack's closed vent system shall open to the atmosphere during loading.
Pressure relief devices needed for safety purposes are not subject to
paragraph (a)(5) of this section.
(b) Closed vent system inspection requirements. The provisions of
paragraph (b) of this section apply to closed vent systems collecting
regulated material from a storage vessel, transfer rack or equipment
leaks. Inspection records shall be generated as specified in
Sec. 65.163(a)(3) and (4).
(1) Except for closed vent systems operated and maintained under
negative pressure and as provided in paragraphs (b)(2) and (3) of this
section, each closed vent system shall be inspected as specified in
paragraph (b)(1)(i) or (ii) of this section.
(i) If the closed vent system is constructed of hard-piping, the
owner or operator shall comply with the following requirements:
(A) Conduct an initial inspection according to the procedures in
paragraph (c) of this section; and
(B) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(ii) If the closed vent system is constructed of ductwork, the owner
or operator shall conduct an initial and annual inspection according to
the procedures in paragraph (c) of this section.
(2) Any parts of the closed vent system that are designated as
described in Sec. 65.163(a)(2) as unsafe to inspect are exempt from the
inspection requirements of paragraph (b)(1) of this section if the
following conditions are met:
(i) The owner or operator determines that the equipment is unsafe to
inspect because inspecting personnel would be exposed to an imminent or
potential danger as a consequence of complying with paragraph (b)(1) of
this section; and
(ii) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practical during safe-to-
inspect times. Inspection is not required more than once annually.
(3) Any parts of the closed vent system that are designated, as
described in Sec. 65.163(a)(2), as difficult-to-inspect are exempt from
the inspection requirements of paragraph (b)(1) of this section if the
following provisions apply:
(i) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
(7 feet) above a support surface; and
(ii) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years.
(c) Closed vent system inspection procedures. The provisions of
paragraph (c) of this section apply to closed vent systems collecting
regulated material from a storage vessel, transfer rack, or equipment
leaks.
(1) Each closed vent system subject to paragraph (c) of this section
shall be inspected according to the procedures specified in paragraphs
(c)(1)(i) through (vii) of this section.
[[Page 101]]
(i) Inspections shall be conducted in accordance with Method 21 of
appendix A of 40 CFR part 60 except as specified in this section.
(ii) Except as provided in paragraph (c)(1)(iii) of this section,
the detection instrument shall meet the performance criteria of Method
21 of appendix A of 40 CFR part 60, except the instrument response
factor criteria in section 3.1.2(a) of Method 21 shall be for the
representative composition of the process fluid not each individual
organic compound in the stream. For process streams that contain
nitrogen, air, water, or other inerts that are not organic hazardous air
pollutants or volatile organic compounds, the response factor shall be
determined on an inert-free basis. The response factor may be determined
at any concentration for which the monitoring for leaks will be
conducted. Maintain the record specified by Sec. 65.163(a)(5).
(iii) If no instrument is available at the plant site that will meet
the performance criteria specified in paragraph (c)(1)(ii) of this
section, the instrument readings may be adjusted by multiplying by the
representative response factor of the process fluid calculated on an
inert-free basis as described in paragraph (c)(1)(ii) of this section.
(iv) The detection instrument shall be calibrated before use on each
day of its use by the procedures specified in Method 21 of appendix A of
40 CFR part 60.
(v) Calibration gases shall be as specified in the following:
(A) Zero air (less than 10 parts per million hydrocarbon in air).
(B) Mixtures of methane in air at a concentration less than 10,000
parts per million. A calibration gas other than methane in air may be
used if the instrument does not respond to methane or if the instrument
does not meet the performance criteria specified in paragraph (c)(1)(ii)
of this section. In such cases, the calibration gas may be a mixture of
one or more of the compounds to be measured in air.
(C) If the detection instrument's design allows for multiple
calibration scales, then the lower scale shall be calibrated with a
calibration gas that is no higher than 2,500 parts per million.
(vi) An owner or operator may elect to adjust or not adjust
instrument readings for background. If an owner or operator elects not
to adjust readings for background, all such instrument readings shall be
compared directly to 500 parts per million to determine whether there is
a leak. If an owner or operator elects to adjust instrument readings for
background, the owner or operator shall measure background concentration
using the procedures in this section. The owner or operator shall
subtract the background reading from the maximum concentration indicated
by the instrument.
(vii) If the owner or operator elects to adjust for background, the
arithmetic difference between the maximum concentration indicated by the
instrument and the background level shall be compared with 500 parts per
million for determining whether there is a leak.
(2) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21 of appendix A of 40 CFR part 60.
(3) Except as provided in paragraph (c)(4) of this section,
inspections shall be performed when the equipment is in regulated
material service or in use with any other detectable gas or vapor.
(4) Inspections of the closed vent system collecting regulated
material from a transfer rack shall be performed only while a tank truck
or railcar is being loaded or is otherwise pressurized to normal
operating conditions with regulated material or any other detectable gas
or vapor.
(d) Closed vent system leak repair provisions. The provisions of
paragraph (d) of this section apply to closed vent systems collecting
regulated material from a storage vessel, transfer rack, or equipment
leak.
(1) If there are visible, audible, or olfactory indications of leaks
at the time of the annual visual inspections required by paragraph
(b)(1)(i)(B) of this section, the owner or operator shall follow either
of the following procedures:
(i) The owner or operator shall eliminate the indications of the
leak.
[[Page 102]]
(ii) The owner or operator shall monitor the equipment according to
the procedures in paragraph (c) of this section.
(2) Leaks as indicated by an instrument reading greater than 500
parts per million by volume above background shall be repaired as soon
as practical except as provided in paragraph (d)(3) of this section.
Records shall be generated as specified in Sec. 65.163(a)(3) when a leak
is detected.
(i) A first attempt at repair shall be made no later than 5 calendar
days after the leak is detected.
(ii) Except as provided in paragraph (d)(3) of this section, repairs
shall be completed no later than 15 calendar days after the leak is
detected or at the beginning of the next introduction of vapors to the
system, whichever is later.
(3) Delay of repair of a closed vent system for which leaks have
been detected is allowed if repair within 15 days after a leak is
detected is technically infeasible without a closed vent system
shutdown, as defined in Sec. 65.2, or if the owner or operator
determines that emissions resulting from immediate repair would be
greater than the emissions likely to result from delay of repair. Repair
of such equipment shall be completed as soon as practical, but not later
than the end of the next closed vent system shutdown.
Sec. 65.144 Fuel gas systems and processes to which storage vessel, transfer rack, or equipment leak regulated material emissions are routed.
(a) Equipment and operating requirements for fuel gas systems and
processes. (1) Except during periods of startup, shutdown, and
malfunction as specified in Sec. 65.3(a), the fuel gas system or process
shall be operating at all times when regulated material emissions are
routed to it.
(2) The owner or operator of a transfer rack subject to the
provisions of this subpart shall ensure that no pressure relief device
in the transfer rack's system returning vapors to a fuel gas system or
process shall open to the atmosphere during loading. Pressure relief
devices needed for safety purposes are not subject to this paragraph
(a)(2).
(3) Each process piping system collecting regulated material from a
transfer rack shall be designed and operated so that regulated material
vapors collected at one loading arm will not pass through another
loading arm in the rack to the atmosphere.
(b) Fuel gas system and process compliance determination. (1) If
emissions are routed to a fuel gas system, there is no requirement to
conduct a performance test or design evaluation.
(2) For storage vessels and transfer racks, and if emissions are
routed to a process, the regulated material in the emissions shall
predominantly meet one of, or a combination of, the following
conditions, and the compliance demonstration requirements in paragraph
(b)(3) of this section, if applicable:
(i) Recycled and/or consumed in the same manner as a material that
fulfills the same function in that process;
(ii) Transformed by chemical reaction into materials that are not
regulated materials;
(iii) Incorporated into a product; and/or
(iv) Recovered.
(3) To demonstrate compliance with paragraph (b)(2) of this section
for a storage vessel, the owner or operator shall prepare a design
evaluation (or engineering assessment) that demonstrates the extent to
which one or more of the conditions specified in paragraphs (b)(2)(i)
through (iv) of this section are being met. The owner or operator shall
submit the design evaluation as specified in Sec. 65.165(a)(1).
(c) Statement of connection to fuel gas system. For storage vessels
and transfer racks, the owner or operator shall submit the statement of
connection reports for fuel gas systems specified in Sec. 65.165(a)(2)
and/or (a)(3), as appropriate.
Sec. 65.145 Nonflare control devices used to control emissions from storage vessels or low-throughput transfer racks.
(a) Nonflare control device equipment and operating requirements.
The owner or operator shall operate and maintain the nonflare control
device, including a halogen reduction device for a low-throughput
transfer rack, so that the
[[Page 103]]
monitored parameters defined as required in paragraph (c) of this
section remain within the ranges specified in the Initial Compliance
Status Report whenever emissions of regulated material are routed to the
control device and halogen reduction device, except during periods of
startup, shutdown, and malfunction as specified in Sec. 65.3(a).
(b) Nonflare control device design evaluation or performance test
requirements. When using a control device other than a flare, the owner
or operator shall comply with the requirements in paragraph (b)(1)(i),
(ii), or (iii) of this section except as provided in paragraph (b)(2) of
this section. Owners or operators of halogenated low-throughput transfer
rack vent streams routed to a combustion device and then to a halogen
reduction device to meet the specifications of Sec. 65.83(b)(1), must
also meet the requirements of paragraph (b)(3) of this section.
(1) Unless a design evaluation or performance test as required in
the referencing subpart was previously conducted and submitted for the
storage vessel or low-throughput transfer rack, the owner or operator
shall either prepare and submit with the Initial Compliance Status
Report, as specified in Sec. 65.165(b), a design evaluation that
includes the information specified in paragraph (b)(1)(i) of this
section, or the results of the performance test as described in
paragraph (b)(1)(ii) or (iii) of this section.
(i) Design evaluation. The design evaluation shall include
documentation demonstrating that the control device being used achieves
the required control efficiency during the reasonably expected maximum
storage vessel filling or transfer loading rate. This documentation is
to include a description of the gas stream that enters the control
device, including flow and regulated material content; and additionally
for storage vessels, the effects of varying liquid level conditions; and
the information specified in paragraphs (b)(1)(i)(A) through (E) of this
section, as applicable. This documentation shall be submitted with the
Initial Compliance Status Report as specified in Sec. 65.165(b).
(A) The efficiency determination is to include consideration of all
vapors, gases, and liquids, other than fuels, received by the control
device.
(B) If an enclosed combustion device with a minimum residence time
of 0.5 seconds and a minimum temperature of 760 [deg]C is used to meet
the emission reduction requirement specified in Sec. 65.42(b)(5) for
storage vessels, or Sec. 65.83(a)(1) for transfer racks, documentation
that those conditions exist is sufficient to meet the requirements of
paragraph (b)(1)(i) of this section.
(C) Except as provided in paragraph (b)(1)(i)(B) of this section for
enclosed combustion devices, the design evaluation shall include the
estimated autoignition temperature of the stream being combusted, the
flow rate of the stream, the combustion temperature, and the residence
time at the combustion temperature.
(D) For carbon adsorbers, the design evaluation shall include the
estimated affinity of the regulated pollutant vapors for carbon, the
amount of carbon in each bed, the number of beds, the humidity, the
temperature, the flow rate of the inlet stream and, if applicable, the
desorption schedule, the regeneration stream pressure or temperature,
and the flow rate of the regeneration stream. For vacuum desorption,
pressure drop shall be included.
(E) For condensers, the design evaluation shall include the final
temperature of the stream vapors, the type of condenser, and the design
flow rate of the emission stream.
(ii) Performance test. A performance test is acceptable to
demonstrate compliance with Sec. 65.42(b)(5) for storage vessels, and
Sec. 65.83(a)(1) for low-throughput transfer racks. The owner or
operator is not required to prepare a design evaluation for the control
device as described in paragraph (b)(1)(i) of this section if a
performance test will be performed that meets the following criteria:
(A) The performance test demonstrates that the control device
achieves greater than or equal to the required control efficiency
specified in Sec. 65.42(b)(5) for storage vessels, or Sec. 65.83(a)(1)
for transfer racks; and
[[Page 104]]
(B) The performance test meets the applicable performance test
requirements of Secs. 65.157 and 65.158, and the results are submitted
as part of the Initial Compliance Status Report as specified in
Sec. 65.165(b).
(iii) If the control device used to comply with Sec. 65.42(b)(5) for
storage vessels, or with Sec. 65.83(a)(1) for low-throughput transfer
racks, as applicable, is also used to comply with Sec. 65.63(a)(2) for
process vents, or Sec. 65.83(a)(1) for high-throughput transfer racks, a
performance test required by Secs. 65.148(b), 65.149(b), 65.150(b),
65.151(b), 65.152(b), or 65.155(b) is acceptable to demonstrate
compliance with Sec. 65.42(b)(5) for storage vessels, or
Sec. 65.83(a)(1) for low-throughput transfer racks, as applicable. The
owner or operator is not required to prepare a design evaluation for the
control device as described in paragraph (b)(1)(i) of this section, if a
performance test will be performed which meets the following criteria:
(A) The performance test demonstrates that the control device
achieves greater than or equal to the required control efficiency
specified in Sec. 65.42(b)(5) for storage vessels, or Sec. 65.83(a)(1)
for transfer racks; and
(B) The performance test is submitted as part of the Initial
Compliance Status Report as specified in Sec. 65.165(b).
(2) A design evaluation or performance test is not required if the
owner or operator uses a combustion device meeting the criteria in
paragraph (b)(2)(i), (ii), (iii), or (iv) of this section and reports as
specified in Sec. 65.165(f).
(i) A boiler or process heater with a design heat input capacity of
44 megawatts (150 million British thermal units per hour) or greater.
(ii) A boiler or process heater burning hazardous waste for which
the owner or operator meets either of the following requirements:
(A) The boiler or process heater has been issued a final permit
under 40 CFR part 270 and complies with the requirements of 40 CFR part
266, subpart H; or
(B) The boiler or process heater has certified compliance with the
interim status requirements of 40 CFR part 266, subpart H.
(iii) A hazardous waste incinerator for which the owner or operator
meets either of the following requirements:
(A) The incinerator has been issued a final permit under 40 CFR part
270 and complies with the requirements of 40 CFR part 264, subpart O; or
(B) The incinerator has certified compliance with the interim status
requirements of 40 CFR part 265, subpart O.
(iv) A boiler or process heater into which the vent stream is
introduced with the primary fuel.
(3) Halogen reduction devices used for transfer racks. Unless a
design evaluation or performance test as required in the referencing
subpart was previously conducted and submitted for a halogen reduction
device following a combustion device for a low-throughput transfer rack,
the owner or operator shall either prepare and submit with the Initial
Compliance Status Report, as specified in Sec. 65.165(b), a design
evaluation that includes the information specified in paragraph
(b)(3)(i) of this section, or the results of the performance test as
described in paragraph (b)(3)(ii) or (iii) of this section. The
provisions of this paragraph (b)(3) apply to owners or operators using a
halogen reduction device following a combustion device to comply with
Sec. 65.83(b)(1).
(i) Design evaluation. The design evaluation shall include
documentation demonstrating that the halogen reduction device being used
achieves the required control efficiency during the reasonably expected
maximum transfer loading rate. This documentation is to include a
description of the gas stream that enters the halogen reduction device,
including flow and regulated material content. The efficiency
determination is to include consideration of all vapors, gases, and
liquids, other than fuels, received by the halogen reduction device.
This documentation shall be submitted with the Initial Compliance Status
Report as specified in Sec. 65.165(b).
(ii) Performance test. A performance test is acceptable to
demonstrate compliance with Sec. 65.83(b)(1) for low-throughput transfer
racks. The owner or operator is not required to prepare a
[[Page 105]]
design evaluation for the halogen reduction device as described in
paragraph (b)(3)(i) of this section if a performance test will be
performed that meets the following criteria:
(A) The performance test demonstrates that the halogen reduction
device achieves greater than or equal to the required control efficiency
specified in Sec. 65.83(b)(1) for transfer racks; and
(B) The performance test meets the applicable performance test
requirements of Secs. 65.157 and 65.158, and the results are submitted
as part of the Initial Compliance Status Report as specified in
Sec. 65.165(b).
(iii) If the halogen reduction device used to comply with
Sec. 65.83(b)(1) for low-throughput transfer racks, is also used to
comply with Sec. 65.63(b)(1) for process vents, or Sec. 65.83(b)(1) for
high-throughput transfer racks, a performance test required by
Sec. 65.154(b) is acceptable to demonstrate compliance with
Sec. 65.83(b)(1) for low-throughput transfer racks. The owner or
operator is not required to prepare a design evaluation for the halogen
reduction device as described in paragraph (b)(3)(i) of this section, if
a performance test will be performed which meets the following criteria:
(A) The performance test demonstrates that the halogen reduction
device achieves greater than or equal to the required control efficiency
specified in Sec. 65.83(b)(1) for transfer racks; and
(B) The performance test is submitted as part of the Initial
Compliance Status Report as specified in Sec. 65.165(b).
(c) Nonflare control device monitoring requirements. (1) Unless
previously established under an applicable standard prior to the
implementation date of this part as specified in Sec. 65.1(f), the owner
or operator shall submit with the Initial Compliance Status Report a
monitoring plan containing the information specified in Sec. 65.165(b)
to identify the parameters that will be monitored to assure proper
operation of the control device. The owner or operator of a halogenated
low-throughput transfer rack vent stream routed to a combustion device
and then to a halogen reduction device to meet the specifications of
Sec. 65.83(b)(1) shall submit with the Initial Compliance Status Report
a monitoring plan containing the information specified in Sec. 65.165(b)
to identify the parameters that will be monitored to assure proper
operation of the halogen reduction device.
(2) The owner or operator shall monitor the parameters specified in
the Initial Compliance Status Report or in the operating permit. Records
shall be generated as specified in Sec. 65.163(b)(1).
Sec. 65.146 Nonflare control devices used for equipment leaks only.
(a) Equipment and operating requirements. (1) Owners or operators
using a nonflare control device to meet the applicable requirements in
Sec. 65.115(b) shall meet the requirements of this section.
(2) Control devices used to comply with the provisions of this
subpart shall be operated at all times when emissions are vented to
them.
(b) Performance test requirements. A performance test is not
required for any nonflare control device used only to control emissions
from equipment leaks.
(c) Monitoring requirements. Owners or operators of control devices
that are used only to comply with the provisions of Sec. 65.115(b) shall
monitor these control devices to ensure that they are operated and
maintained in conformance with their design. The owner or operator shall
maintain the records as specified in Sec. 65.163(d).
Sec. 65.147 Flares.
(a) Flare equipment and operating requirements. Flares subject to
this subpart shall meet the performance requirements of paragraphs
(a)(1) through (7) of this section.
(1) Flares shall be operated at all times when emissions are vented
to them.
(2) Flares shall be designed for and operated with no visible
emissions as determined by the methods specified in paragraph (b)(3)(i)
of this section, except for periods not to exceed a total of 5 minutes
during any 2 consecutive hours.
(3) Flares shall be operated with a flare flame or at least one
pilot flame present at all times, as determined by
[[Page 106]]
the methods specified in paragraph (c) of this section.
(4) An owner/operator has the choice of adhering to either the heat
content specifications in paragraph (a)(4)(ii) of this section and the
maximum tip velocity specifications in paragraph (a)(6) of this section,
or adhering to the requirements in paragraph (a)(4)(i) of this section.
(i)(A) Flares shall be used that have a diameter of 3 inches or
greater, are nonassisted, have a hydrogen content of 8.0 percent (by
volume), or greater, and are designed for and operated with an exit
velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity,
Vmax, as determined by Equation 147-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.008
Where:
Vmax = Maximum permitted velocity, m/sec.
K1 = Constant, 6.0 volume-percent hydrogen.
K2 = Constant, 3.9 (m/sec)/volume-percent hydrogen.
XH2 = The volume-percent of hydrogen, on a wet basis, as
calculated by using the American Society for Testing and Materials
(ASTM) Method D1946-77 (incorporated by reference as specified in
Sec. 65.13).
(B) The actual exit velocity of a flare shall be determined by the
method specified in paragraph (b)(3)(iii) of this section.
(ii) Flares shall be used only when the net heating value of the gas
being combusted is 11.2 megajoules per standard cubic meter (300 British
thermal units per standard cubic foot) or greater if the flare is steam-
assisted or air-assisted, or when the net heating value of the gas being
combusted is 7.45 megajoules per standard cubic meter (200 British
thermal units per standard cubic foot) or greater if the flare is
nonassisted. The net heating value of the gas being combusted shall be
determined by the methods specified in paragraph (b)(3)(ii) of this
section.
(5) Flares used to comply with this section shall be steam-assisted,
air-assisted, or nonassisted.
(6) Steam-assisted and nonassisted flares shall be designed for and
operated with an exit velocity as determined by the methods specified in
paragraph (b)(3)(iii) of this section, less than 18.3 meters per second
(60 feet per sec) except as provided in the following two paragraphs, as
applicable:
(i) Steam-assisted and nonassisted flares shall be designed for and
operated with an exit velocity as determined by the methods specified in
paragraph (b)(3)(iii) of this section, equal to or less than 122 meters
per second (400 feet per second) if the net heating value of the gas
being combusted is greater than 37.3 megajoules per standard cubic meter
(1,000 British thermal units per standard cubic foot).
(ii) Steam-assisted and nonassisted flares shall be designed for and
operated with an exit velocity as determined by the methods specified in
paragraph (b)(3)(iii) of this section, less than the velocity, V max ,
and less than 122 meters per second (400 feet per sec), where the
maximum permitted velocity, Vmax, is determined by Equation
147-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.009
Where:
Vmax = Maximum permitted velocity, meters per second.
28.8 = Constant.
31.7 = Constant.
HT = The net heating value as determined in paragraph
(b)(3)(ii) of this section.
(7) Air-assisted flares shall be designed for and operated with an
exit velocity as determined by the methods specified in paragraph
(b)(3)(iii) of this section, less than the velocity, Vmax,
where the maximum permitted velocity, Vmax, is determined by
Equation 147-3 of this section:
[[Page 107]]
[GRAPHIC] [TIFF OMITTED] TR14DE00.010
Where:
Vmax = Maximum permitted velocity, meters per second.
8.706 = Constant.
0.7084 = Constant.
HT = The net heating value as determined in paragraph
(b)(3)(ii) of this section.
(b) Flare compliance determination. (1) Unless an initial flare
compliance determination of the flare was previously conducted and
submitted under the referencing subpart, the owner or operator shall
conduct an initial flare compliance determination of any flare used to
comply with the provisions of this subpart. Flare compliance
determination records shall be kept as specified in Sec. 65.159(a) and
(b) and a flare compliance determination report shall be submitted as
specified in Sec. 65.164. An owner or operator is not required to
conduct a performance test to determine percent emission reduction or
outlet regulated material or TOC concentration when a flare is used.
(2) Unless already permitted by the applicable title V permit, if an
owner or operator elects to use a flare to replace an existing control
device at a later date, the owner or operator shall notify the
Administrator, either by amendment of the regulated source's title V
permit or, if title V is not applicable, by submission of the notice
specified in Sec. 65.167(a). Upon implementing the change, a flare
compliance determination shall be performed using the methods specified
in paragraph (b)(3) of this section within 180 days. The compliance
determination report shall be submitted to the Administrator within 60
days of completing the determination as provided in Sec. 65.164(b)(2).
If an owner or operator elects to use a flare to replace an existing
final recovery device that is used on a Group 2A process vent, the owner
or operator shall comply with the applicable provisions of
Secs. 65.63(e) and 65.67(b) and submit the notification specified in
Sec. 65.167(a).
(3) Flare compliance determinations shall meet the requirements
specified in paragraphs (b)(3)(i) through (iv) of this section.
(i) Method 22 of appendix A of part 60 shall be used to determine
the compliance of flares with the visible emission provisions of this
subpart. The observation period is 2 hours, except for transfer racks as
provided in either one of the following:
(A) For transfer racks, if the loading cycle is less than 2 hours,
then the observation period for that run shall be for the entire loading
cycle.
(B) For transfer racks, if additional loading cycles are initiated
within the 2-hour period, then visible emissions observations shall be
conducted for the additional cycles.
(ii) The net heating value of the gas being combusted in a flare
shall be calculated using Equation 147-4 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.011
Where:
HT = Net heating value of the sample, megajoules per standard
cubic meter; where the net enthalpy per mole of offgas is based on
combustion at 25 [deg]C and 760 millimeters of mercury (30 inches of
mercury), but the standard temperature for determining the volume
corresponding to 1 mole is 20 [deg]C;
K1 = 1.740 x 10-7 (parts per million by
volume)-1 (gram-mole per standard cubic meter) (megajoules
per kilocalories), where the standard temperature for gram mole per
standard cubic meter is 20 [deg]C;
Dj = Concentration of sample component j, in parts per
million by volume on a wet basis, as measured for organics by Method 18
of appendix A of 40 CFR part 60 and measured for hydrogen and carbon
monoxide by American Society for Testing and Materials (ASTM) D1946-77
(incorporated by reference as specified in Sec. 65.13); and
Hj = Net heat of combustion of sample component j,
kilocalories per gram-mole at 25 [deg]C and 760 millimeters of mercury
(30 inches of mercury). The heats of combustion of stream components may
be determined using ASTM D2382-76 (incorporated by reference as
specified in Sec. 65.13) if published values are not available or cannot
be calculated.
(iii) The actual exit velocity of a flare shall be determined by
dividing
[[Page 108]]
the volumetric flow rate (in units of standard temperature and
pressure), as determined by Method 2, 2A, 2C, or 2D of appendix A of 40
CFR part 60 as appropriate, by the unobstructed (free) cross-sectional
area of the flare tip.
(iv) Flare flame or pilot monitors, as applicable, shall be operated
during any flare compliance determination.
(c) Flare monitoring requirements. Where a flare is used, a device
(including but not limited to a thermocouple, ultraviolet beam sensor,
or infrared sensor) capable of continuously detecting that at least one
pilot flame or the flare flame is present is required. Flame monitoring
and compliance records shall be kept as specified in Sec. 65.159(c) and
(d).
Sec. 65.148 Incinerators.
(a) Incinerator equipment and operating requirements. (1) Owners or
operators using incinerators to meet the 98 weight-percent emission
reduction or 20 parts per million by volume outlet concentration
requirement as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-throughput
transfer racks, as applicable, shall meet the requirements of this
section.
(2) Incinerators used to comply with the provisions of this subpart
shall be operated at all times when emissions are vented to them.
(b) Incinerator performance test requirements. (1) Unless an initial
performance test was previously conducted and submitted under the
referencing subpart and except as specified in Sec. 65.157(b) and
paragraph (b)(2) of this section, the owner or operator shall conduct an
initial performance test of any incinerator used to comply with the
provisions of this subpart according to the procedures in Secs. 65.157
and 65.158. Performance test records shall be kept as specified in
Sec. 65.160(a) and (b), and a performance test report shall be submitted
as specified in Sec. 65.164. As provided in Sec. 65.145(b)(1), a
performance test may be used as an alternative to the design evaluation
for storage vessels and low-throughput transfer rack controls. As
provided in Sec. 65.146(b), no performance test is required for
equipment leaks.
(2) An owner or operator is not required to conduct a performance
test for a hazardous waste incinerator for which the owner or operator
has been issued a final permit under 40 CFR part 270 and complies with
the requirements of 40 CFR part 264, subpart O, or has certified
compliance with the interim status requirements of 40 CFR part 265,
subpart O. The owner or operator shall report as specified in
Sec. 65.165(f).
(3) Unless already permitted by the applicable title V permit, if an
owner or operator elects to use an incinerator to replace an existing
control device at a later date, the owner or operator shall notify the
Administrator, either by amendment of the regulated source's title V
permit or, if title V is not applicable, by submission of the notice
specified in Sec. 65.167(a) before implementing the change. Upon
implementing the change, an incinerator performance test shall be
performed using the methods specified in Sec. 65.157 and within 180 days
if required by paragraph (b)(1) of this section. The performance test
report shall be submitted to the Administrator within 60 days of
completing the determination as provided in Sec. 65.164(b)(2). If an
owner or operator elects to use an incinerator to replace an existing
recovery device that is used on a Group 2A process vent, the owner or
operator shall comply with the applicable provisions of Secs. 65.63(e)
and 65.67(b) and submit the notification specified in Sec. 65.167(a).
(c) Incinerator monitoring requirements. (1) Where an incinerator is
used, a temperature monitoring device capable of providing a continuous
record that meets the provisions specified in paragraph (c)(1)(i) or
(ii) of this section is required. Monitoring results shall be recorded
as specified in Sec. 65.161. General requirements for monitoring and
continuous parameter monitoring systems are contained in Sec. 65.156.
(i) Where an incinerator other than a catalytic incinerator is used,
a temperature monitoring device shall be installed in the fire box or in
the ductwork immediately downstream of the fire box in a position before
any substantial heat exchange occurs.
(ii) Where a catalytic incinerator is used, temperature monitoring
devices
[[Page 109]]
shall be installed in the gas stream immediately before and after the
catalyst bed.
(2) The owner or operator shall establish a range for monitored
parameters that indicates proper operation of the incinerator. In order
to establish the range, the information required in Sec. 65.165(c) shall
be submitted in the Initial Compliance Status Report or the operating
permit application or amendment. The range may be based upon a prior
performance test meeting the specifications of Sec. 65.157(b)(1) or upon
existing ranges or limits established under a referencing subpart.
Sec. 65.149 Boilers and process heaters.
(a) Boiler and process heater equipment and operating requirements.
(1) Owners or operators using boilers and process heaters to meet the 98
weight-percent emission reduction or 20 parts per million by volume
outlet concentration requirement as specified in Sec. 65.63(a)(2), or 40
CFR 60.562-1(a)(1)(i)(B) for process vents, or Sec. 65.83(a)(1) for
high-throughput transfer racks, as applicable, shall meet the
requirements of this section.
(2) The vent stream shall be introduced into the flame zone of the
boiler or process heater.
(3) Boilers and process heaters used to comply with the provisions
of this subpart shall be operated at all times when emissions are vented
to them.
(b) Boiler and process heater performance test requirements. (1)
Unless an initial performance test was previously conducted and
submitted under the referencing subpart, and except as specified in
Sec. 65.157(b) and paragraph (b)(2) of this section, the owner or
operator shall conduct an initial performance test of any boiler or
process heater used to comply with the provisions of this subpart
according to the procedures in Secs. 65.157 and 65.158. Performance test
records shall be kept as specified in Sec. 65.160(a) and (b), and a
performance test report shall be submitted as specified in Sec. 65.164.
As provided in Sec. 65.145(b)(1), a performance test may be used as an
alternative to the design evaluation for storage vessels and low-
throughput transfer rack controls. As provided in Sec. 65.146(b), no
performance test is required to demonstrate compliance for equipment
leaks.
(2) An owner or operator is not required to conduct a performance
test when any of the control devices specified in paragraphs (b)(2)(i)
through (iii) of this section are used. The owner or operator shall
report as specified in Sec. 65.165(f).
(i) A boiler or process heater with a design heat input capacity of
44 megawatts (150 million British thermal units per hour) or greater.
(ii) A boiler or process heater into which the vent stream is
introduced with the primary fuel or is used as the primary fuel.
(iii) A boiler or process heater burning hazardous waste for which
the owner or operator meets either of the following requirements:
(A) The boiler or process heater has been issued a final permit
under 40 CFR part 270 and complies with the requirements of 40 CFR part
266, subpart H; or
(B) The boiler or process heater has certified compliance with the
interim status requirements of 40 CFR part 266, subpart H.
(3) Unless already permitted by the applicable title V permit, if an
owner or operator elects to use a boiler or process heater to replace an
existing control device at a later date, the owner or operator shall
notify the Administrator, either by amendment of the regulated source's
title V permit or, if title V is not applicable, by submission of the
notice specified in Sec. 65.167(a) before implementing the change. Upon
implementing the change, a boiler or process heater performance test
shall be performed using the methods specified in Secs. 65.157 and
65.158 within 180 days if required by paragraph (b)(1) of this section.
The performance test report shall be submitted to the Administrator
within 60 days of completing the determination as provided in
Sec. 65.164(b)(2). If an owner or operator elects to use a boiler or
process heater to replace an existing recovery device that is used on a
Group 2A process vent, the owner or operator shall comply with the
applicable provisions of Secs. 65.63(e) and 65.67(b) and submit the
notification specified in Sec. 65.167(a).
(c) Boiler and process heater monitoring requirements. (1) Where a
boiler or process heater of less than 44 megawatts
[[Page 110]]
(150 million British thermal units per hour) design heat input capacity
is used and the regulated vent stream is not introduced as or with the
primary fuel, a temperature monitoring device in the fire box capable of
providing a continuous record is required. Any boiler or process heater
in which all vent streams are introduced with primary fuel or are used
as the primary fuel is exempt from monitoring. Monitoring results shall
be recorded as specified in Sec. 65.161. General requirements for
monitoring and continuous parameter monitoring systems are contained in
Sec. 65.156.
(2) Where monitoring is required, the owner or operator shall
establish a range for monitored parameters that indicates proper
operation of the boiler or process heater. In order to establish the
range, the information required in Sec. 65.165(c) shall be submitted in
the Initial Compliance Status Report or the operating permit application
or amendment. The range may be based upon a prior performance test
meeting the specifications of Sec. 65.157(b)(1) or upon existing ranges
or limits established under a referencing subpart.
Sec. 65.150 Absorbers used as control devices.
(a) Absorber equipment and operating requirements. (1) Owners or
operators using absorbers to meet the 98 weight-percent emission
reduction or 20 parts per million by volume outlet concentration
requirements as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-throughput
transfer racks, as applicable, shall meet the requirements of this
section.
(2) Absorbers used to comply with the provisions of this subpart
shall be operated at all times when emissions are vented to them.
(b) Absorber performance test requirements. (1) Unless an initial
performance test was previously conducted and submitted under the
referencing subpart and except as specified in Sec. 65.157(b), the owner
or operator shall conduct an initial performance test of any absorber
used as a control device to comply with the provisions of this subpart
according to the procedures in Secs. 65.157 and 65.158. Performance test
records shall be kept as specified in Sec. 65.160(a) and (b), and a
performance test report shall be submitted as specified in Sec. 65.164.
As provided in Sec. 65.145(b)(1), a performance test may be used as an
alternative to the design evaluation for storage vessels and low-
throughput transfer rack controls. As provided in Sec. 65.146(b), no
performance test is required to demonstrate compliance for equipment
leaks.
(2) Unless already permitted by the applicable title V permit, if an
owner or operator elects to use an absorber to replace an existing
recovery or control device at a later date, the owner or operator shall
notify the Administrator, either by amendment of the regulated source's
title V permit or, if title V is not applicable, by submission of the
notice specified in Sec. 65.167(a) before implementing the change. Upon
implementing the change, either of the following provisions, as
applicable, shall be followed:
(i) Replace final recovery device. If an owner or operator elects to
replace the final recovery device on a process vent with an absorber
used as a control device, the owner or operator shall comply with the
applicable provisions of Secs. 65.63(e) and 65.67(b).
(ii) Replace control device. If an owner or operator elects to
replace a control device on a Group 1 process vent or a high-throughput
transfer rack with an absorber used as a control device, the owner or
operator shall perform a performance test using the methods specified in
Secs. 65.157 and 65.158 within 180 days. The performance test report
shall be submitted to the Administrator within 60 days of completing the
test as provided in Sec. 65.164(b)(2).
(c) Absorber monitoring requirements. (1) Where an absorber is used
as a control device, either an organic monitoring device capable of
providing a continuous record or a scrubbing liquid temperature
monitoring device and a specific gravity monitoring device, each capable
of providing a continuous record, shall be used. Monitoring results
shall be recorded as specified in Sec. 65.161. General requirements for
monitoring and continuous parameter monitoring systems are contained in
Sec. 65.156.
(2) The owner or operator shall establish a range for monitored
parameters
[[Page 111]]
that indicates proper operation of the absorber. In order to establish
the range, the information required in Sec. 65.165(c) shall be submitted
in the Initial Compliance Status Report or the operating permit
application or amendment. The range may be based upon a prior
performance test meeting the specifications of Sec. 65.157(b)(1) or upon
existing ranges or limits established under a referencing subpart.
Sec. 65.151 Condensers used as control devices.
(a) Condenser equipment and operating requirements. (1) Owners or
operators using condensers to meet the 98 weight-percent emission
reduction or 20 parts per million by volume outlet concentration
requirements as specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-throughput
transfer racks, as applicable, shall meet the requirements of this
section.
(2) Condensers used to comply with the provisions of this subpart
shall be operated at all times when emissions are vented to them.
(b) Condenser performance test requirements. (1) Unless an initial
performance test was previously conducted and submitted under the
referencing subpart and except as specified in Sec. 65.157(b), the owner
or operator shall conduct an initial performance test of any condenser
used as a control device to comply with the provisions of this subpart
according to the procedures in Secs. 65.157 and 65.158. Performance test
records shall be kept as specified in Sec. 65.160(a) and (b), and a
performance test report shall be submitted as specified in Sec. 65.164.
As provided in Sec. 65.145(b)(1), a performance test may be used as an
alternative to the design evaluation for storage vessels and low-
throughput transfer rack controls. As provided in Sec. 65.146(b), no
performance test is required to demonstrate compliance for equipment
leaks.
(2) Unless already permitted by the applicable title V permit, if an
owner or operator elects to use a condenser to replace an existing
recovery or control device at a later date, the owner or operator shall
notify the Administrator, either by amendment of the regulated source's
title V permit or, if title V is not applicable, by submission of the
notice specified in Sec. 65.167(a) before implementing the change. Upon
implementing the change, either of the following provisions, as
applicable, shall be followed:
(i) Replace final recovery device. If an owner or operator elects to
replace the final recovery device on a process vent with a condenser
used as a control device, the owner or operator shall comply with the
applicable provisions of Secs. 65.63(e) and 65.67(b).
(ii) Replace control device. If an owner or operator elects to
replace a control device on a Group 1 process vent or a high-throughput
transfer rack with a condenser used as a control device, the owner or
operator shall perform a performance test using the methods specified in
Secs. 65.157 and 65.158 within 180 days. The performance test report
shall be submitted to the Administrator within 60 days of completing the
test as provided in Sec. 65.164(b)(2).
(c) Condenser monitoring requirements. (1) Where a condenser is used
as a control device, an organic monitoring device capable of providing a
continuous record or a condenser exit (product side) temperature
monitoring device capable of providing a continuous record shall be
used. Monitoring results shall be recorded as specified in Sec. 65.161.
General requirements for monitoring and continuous parameter monitoring
systems are contained in Sec. 65.156.
(2) The owner or operator shall establish a range for monitored
parameters that indicates proper operation of the condenser. In order to
establish the range, the information required in Sec. 65.165(c) shall be
submitted in the Initial Compliance Status Report or the operating
permit application or amendment. The range may be based upon a prior
performance test meeting the specifications in Sec. 65.157(b)(1) or upon
existing ranges or limits established under a referencing subpart.
Sec. 65.152 Carbon adsorbers used as control devices.
(a) Carbon adsorber equipment and operating requirements. (1) Owners
or operators using carbon adsorbers to meet the 98 weight-percent
emission reduction or 20 parts per million by volume outlet
concentration requirements as
[[Page 112]]
specified in Sec. 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(A) for
process vents, or Sec. 65.83(a)(1) for high-throughput transfer racks,
as applicable, shall meet the requirements of this section.
(2) Carbon adsorbers used to comply with the provisions of this
subpart shall be operated at all times when emissions are vented to
them.
(b) Carbon adsorber performance test requirements. (1) Unless an
initial performance test was previously conducted and submitted under
the referencing subpart and except as specified in Sec. 65.157(b), the
owner or operator shall conduct an initial performance test of any
carbon absorber used as a control device to comply with the provisions
of this subpart according to the procedures in Secs. 65.157 and 65.158.
Performance test records shall be kept as specified in Sec. 65.160(a)
and (b), and a performance test report shall be submitted as specified
in Sec. 65.164. As provided in Sec. 65.145(b)(1), a performance test may
be used as an alternative to the design evaluation for storage vessels
and low-throughput transfer rack controls. As provided in
Sec. 65.146(b), no performance test is required to demonstrate
compliance for equipment leaks.
(2) Unless already permitted by the applicable title V permit, if an
owner or operator elects to use a carbon adsorber to replace an existing
recovery or control device at a later date, the owner or operator shall
notify the Administrator either by amendment of the regulated source's
title V permit or, if title V is not applicable, by submission of the
notice specified in Sec. 65.167(a) before implementing the change. Upon
implementing the change, either of the following provisions, as
applicable, shall be followed:
(i) Replace final recovery device. If an owner or operator elects to
replace the final recovery device on a process vent with a carbon
adsorber used as a control device, the owner or operator shall comply
with the applicable provisions of Secs. 65.63(e) and 65.67(b).
(ii) Replace control device. If an owner or operator elects to
replace a control device on a Group 1 process vent or high-throughput
transfer rack with a carbon adsorber used as a control device, the owner
or operator shall perform a performance test using the methods specified
in Secs. 65.157 and 65.158 within 180 days. The performance test report
shall be submitted to the Administrator within 60 days of completing the
test as provided in Sec. 65.164(b)(2).
(c) Carbon adsorber monitoring requirements. (1) Where a carbon
adsorber is used as a control device, an organic monitoring device
capable of providing a continuous record, or an integrating regeneration
stream flow monitoring device having an accuracy of [plusmn]10 percent
or better capable of recording the total regeneration stream mass or
volumetric flow for each regeneration cycle, and a carbon-bed
temperature monitoring device capable of recording the carbon bed
temperature after each regeneration and within 15 minutes of completing
any cooling cycle, shall be used. Monitoring results shall be recorded
as specified in Sec. 65.161. General requirements for monitoring and
continuous parameter monitoring systems are contained in Sec. 65.156.
(2) The owner or operator shall establish a range for monitored
parameters that indicates proper operation of the carbon adsorber. Where
the regeneration stream flow and carbon-bed temperature are monitored,
the range shall be in terms of the total regeneration stream flow per
regeneration cycle and the temperature of the carbon-bed determined
within 15 minutes of the completion of the regeneration cooling cycle.
In order to establish the range, the information required in
Sec. 65.165(c) shall be submitted in the Initial Compliance Status
Report or the operating permit application or amendment. The range may
be based upon a prior performance test meeting the specifications in
Sec. 65.157(b)(1) or upon existing ranges or limits established under a
referencing subpart.
Sec. 65.153 Absorbers, condensers, carbon adsorbers, and other recovery devices used as final recovery devices.
(a) Final recovery device equipment and operating requirements. (1)
Owners or operators using a recovery device to meet the requirement to
operate and maintain a TRE above 1.0 as specified in Sec. 65.63(a)(3)
for process vents shall meet the requirements of this section.
[[Page 113]]
(2) Recovery devices used to comply with the provisions of this
subpart shall be operated at all times when emissions are vented to
them.
(b) Recovery device performance test requirements. (1) There are no
performance test requirements for recovery devices. Records of TRE index
value determination shall be generated as specified in Sec. 65.160(c).
(2) Replace a final recovery device or control device. Unless
already permitted by the applicable title V permit, if an owner or
operator elects to use a recovery device to replace an existing final
recovery or control device at a later date, the owner or operator shall
notify the Administrator, either by amendment of the regulated source's
title V permit or, if title V is not applicable, by submission of the
notice specified in Sec. 65.167(a) before implementing the change. Upon
implementing the change, the owner or operator shall comply with the
applicable provisions of Secs. 65.63(e) and 65.67(b).
(c) Recovery device monitoring requirements. (1) Where an absorber
is the final recovery device in the recovery system and the TRE index
value is between 1.0 and 4.0, either an organic monitoring device
capable of providing a continuous record, or a scrubbing liquid
temperature monitoring device and a specific gravity monitoring device,
each capable of providing a continuous record, shall be used. Monitoring
results shall be recorded as specified in Sec. 65.161. General
requirements for monitoring and continuous parameter monitoring systems
are contained in Sec. 65.156.
(2) Where a condenser is the final recovery device in the recovery
system and the TRE index value is between 1.0 and 4.0, an organic
monitoring device capable of providing a continuous record, or a
condenser exit (product side) temperature monitoring device capable of
providing a continuous record, shall be used. Monitoring results shall
be recorded as specified in Sec. 65.161. General requirements for
monitoring and continuous parameter monitoring systems are contained in
Sec. 65.156.
(3) Where a carbon adsorber is the final recovery device in the
recovery system and the TRE index value is between 1.0 and 4.0, an
organic monitoring device capable of providing a continuous record, or
an integrating regeneration stream flow monitoring device having an
accuracy of [plusmn]10 percent or better capable of recording the total
regeneration stream mass or volumetric flow for each regeneration cycle,
and a carbon-bed temperature monitoring device capable of recording the
carbon-bed temperature after each regeneration and within 15 minutes of
completing any cooling cycle, shall be used. Monitoring results shall be
recorded as specified in Sec. 65.161. General requirements for
monitoring and continuous parameter monitoring systems are contained in
Sec. 65.156.
(4) Unless previously approved by the Administrator under an
applicable standard prior to the implementation date of this part, as
specified in Sec. 65.1(f), if an owner or operator uses a recovery
device other than those listed in this subpart, the owner or operator
shall submit a description of planned monitoring, reporting and
recordkeeping procedures as required under Sec. 65.162(e). The
Administrator will approve or deny the proposed monitoring, reporting
and recordkeeping requirements as part of the review of the submission
or permit application or by other appropriate means.
(5) The owner or operator shall establish a range for monitored
parameters that indicates proper operation of the recovery device. In
order to establish the range, the information required in Sec. 65.165(c)
shall be submitted in the Initial Compliance Status Report or the
operating permit application or amendment. The range may be based upon a
prior performance test meeting the specifications in Sec. 65.157(b)(1)
or upon existing ranges or limits established under a referencing
subpart. Where the regeneration stream flow and carbon-bed temperature
are monitored, the range shall be in terms of the total regeneration
stream flow per regeneration cycle, and the temperature of the carbon-
bed determined within 15 minutes of the completion of the regeneration
cooling cycle.
Sec. 65.154 Halogen scrubbers and other halogen reduction devices.
(a) Halogen scrubber and other halogen reduction device equipment
and operating requirements. (1) An owner or operator
[[Page 114]]
of halogen scrubbers and other halogen reduction devices subject to this
subpart shall reduce the overall emissions of hydrogen halides and
halogens by 99 percent, or reduce the outlet mass of total hydrogen
halides and halogens to less than 0.45 kilograms per hour (0.99 pound
per hour) as specified in Sec. 65.63(b) for process vents, or
Sec. 65.83(b) for transfer racks, as applicable, and shall meet the
requirements of this section.
(2) Halogen scrubbers and other halogen reduction devices used to
comply with the provisions of this subpart shall be operated at all
times when emissions are vented to them.
(b) Halogen scrubber and other halogen reduction device performance
test requirements. Unless an initial performance test was previously
conducted and submitted under the referencing subpart, an owner or
operator of a combustion device followed by a halogen scrubber or other
halogen reduction device to control halogenated vent streams in
accordance with Sec. 65.63(b)(1) for process vents, or Sec. 65.83(b)(1)
for transfer racks shall conduct an initial performance test to
determine compliance with the control efficiency or emission limits for
hydrogen halides and halogens according to the procedures in
Secs. 65.157 and 65.158. Performance test records shall be kept as
specified in Sec. 65.160(a) and (b), and a performance test report shall
be submitted as specified in Sec. 65.164.
(c) Halogen scrubber and other halogen reduction device monitoring
requirements. (1) Where a halogen scrubber is used, the monitoring
equipment specified in paragraphs (c)(1)(i) and (ii) of this section is
required for the scrubber. Monitoring results shall be recorded as
specified in Sec. 65.161. General requirements for monitoring and
continuous parameter monitoring systems are contained in Sec. 65.156.
(i) A pH monitoring device capable of providing a continuous record
shall be installed to monitor the pH of the scrubber effluent.
(ii) A flow meter capable of providing a continuous record shall be
located at the scrubber influent for liquid flow. Gas stream flow shall
be determined using one of the following procedures:
(A) The owner or operator may determine gas stream flow using the
design blower capacity, with appropriate adjustments for pressure drop.
(B) If the scrubber is subject to regulations in 40 CFR parts 264
through 266 that have required a determination of the liquid to gas (L/
G) ratio prior to the applicable compliance date for the chemical
manufacturing process unit of which it is part, as specified in 40 CFR
63.100(k) (if the referencing subpart is 40 CFR part 63, subpart F), or
prior to the implementation date as specified in Sec. 65.1(f) (for all
other referencing subparts), the owner or operator may determine gas
stream flow by the method that had been utilized to comply with those
regulations. A determination that was conducted prior to that compliance
date may be utilized to comply with this subpart if it is still
representative.
(C) The owner or operator may prepare and implement a gas stream
flow determination plan that documents an appropriate method that will
be used to determine the gas stream flow. The plan shall require
determination of gas stream flow by a method that will at least provide
a value for either a representative or the highest gas stream flow
anticipated in the scrubber during representative operating conditions
other than startups, shutdowns, or malfunctions. The plan shall include
a description of the methodology to be followed and an explanation of
how the selected methodology will reliably determine the gas stream flow
and a description of the records that will be maintained to document the
determination of gas stream flow. The owner or operator shall maintain
the plan as specified in Sec. 65.5.
(2) Where a halogen reduction device other than a scrubber is used,
the procedures in Sec. 65.162(e) shall be followed to establish
monitoring parameters.
(3) The owner or operator shall establish a range for monitored
parameters that indicates proper operation of the scrubber or other
halogen reduction device. In order to establish the range, the
information required in Sec. 65.165(c) shall be submitted in the Initial
Compliance Status Report or the operating permit application or
amendment. The range may be based upon a prior performance test meeting
the specifications in Sec. 65.157(b)(1), or upon existing
[[Page 115]]
ranges or limits established under a referencing subpart.
Sec. 65.155 Other control devices.
(a) Other control device equipment and operating requirements. (1)
Owners or operators using a control device other than one listed in
Secs. 65.147 through 65.152 to meet the 98 weight-percent emission
reduction or 20 parts per million by volume outlet concentration
requirements specified in Sec. 65.63(a)(2), or 40 CFR 60.562-
1(a)(1)(i)(A) for process vents, or Sec. 65.83(a)(1) for high-throughput
transfer racks, as applicable, shall meet the requirements of this
section.
(2) Other control devices used to comply with the provisions of this
subpart shall be operated at all times when emissions are vented to
them.
(b) Other control device performance test requirements. (1) Unless
an initial performance test was previously conducted and submitted under
the referencing subpart, an owner or operator of a control device other
than those specified in Secs. 65.147 through 65.152, to comply with
Sec. 65.63(a)(2) for process vents, or Sec. 65.83(a)(1) for high-
throughput transfer racks, shall perform an initial performance test
according to the procedures in Secs. 65.157 and 65.158. Performance test
records shall be kept as specified in Sec. 65.160(a) and (b), and a
performance test report shall be submitted as specified in Sec. 65.164.
(2) Unless already permitted by the applicable title V permit, if an
owner or operator elects to use another control device to replace an
existing control device at a later date, the owner or operator shall
notify the Administrator, either by amendment of the regulated source's
title V permit or, if title V is not applicable, by submission of the
notice specified in Sec. 65.167(a) before implementing the change. Upon
implementing the change, another control device performance test shall
be performed using the methods specified in Secs. 65.157 and 65.158
within 180 days if required by paragraph (b)(1) of this section. The
performance test report shall be submitted to the Administrator within
60 days of completing the determination as provided in
Sec. 65.164(b)(2). If an owner or operator elects to use a control
device to replace an existing recovery device that is used on a Group 2A
process vent, the owner or operator shall comply with the applicable
provisions of Secs. 65.63(e) and 65.67(b) and submit the notification
specified in Sec. 65.167(a).
(c) Other control device monitoring requirements. (1) Unless
previously submitted and approved under the referencing subpart, if an
owner or operator uses a control device other than those listed in this
subpart, the owner or operator shall submit a description of planned
monitoring, reporting, and recordkeeping procedures as required under
Sec. 65.162(e). The Administrator will approve, deny, or modify based on
the reasonableness of the proposed monitoring, reporting, and
recordkeeping requirements as part of the review of the submission or
permit application or by other appropriate means.
(2) The owner or operator shall establish a range for monitored
parameters that indicates proper operation of the control device. To
establish the range, the information required in Sec. 65.165(c) shall be
submitted in the Initial Compliance Status Report or the operating
permit application or amendment. The range may be based upon a prior
performance test meeting the specifications in Sec. 65.157(b)(1) or upon
existing ranges or limits established under a referencing subpart.
Sec. 65.156 General monitoring requirements for control and recovery devices.
(a) General monitoring requirement applicability. (1) This section
applies to the owner or operator of a regulated source required to
monitor under this subpart.
(2) Flares subject to Sec. 65.147(c) are not subject to the
requirements of this section.
(3) Flow indicators are not subject to the requirements of this
section.
(b) Conduct of monitoring. (1) Monitoring shall be conducted as set
forth in this section and in the relevant sections of this subpart
unless either of the following provisions applies:
(i) The Administrator specifies or approves the use of minor or
intermediate changes in the specified monitoring requirements or
procedures as provided in Sec. 65.7(b), (c), and (d); or
[[Page 116]]
(ii) The Administrator specifies or approves the use of major
changes in the specified monitoring requirements or procedures as
provided in Sec. 65.7(b), (c), and (d).
(2) When one CPMS is used as a backup to another CPMS, the owner or
operator shall report the results from the CPMS used to meet the
monitoring requirements of this subpart. If both such CPMS are used
during a particular reporting period to meet the monitoring requirements
of this part, then the owner or operator shall report the results from
each CPMS for the relevant compliance period.
(c) Operation and maintenance of continuous parameter monitoring
systems. (1) All monitoring equipment shall be installed, calibrated,
maintained, and operated according to manufacturers specifications or
other written procedures that provide adequate assurance that the
equipment would reasonably be expected to monitor accurately.
(2) The owner or operator of a regulated source shall maintain and
operate each CPMS as specified in this section or in a relevant subpart
and in a manner consistent with good air pollution control practices.
(i) The owner or operator of a regulated source shall ensure the
immediate repair or replacement of CPMS parts to correct ``routine'' or
otherwise predictable CPMS malfunctions. The necessary parts for routine
repairs of the affected equipment shall be readily available.
(ii) Except for Group 2A process vents, if the startup, shutdown,
and malfunction plan is followed during a CPMS startup, shutdown, or
malfunction and the CPMS is repaired immediately, this action shall be
reported in the semiannual startup, shutdown, and malfunction report
required under Sec. 65.6(c).
(iii) The Administrator's determination of whether acceptable
operation and maintenance procedures are being used for the CPMS will be
based on information that may include, but is not limited to, review of
operation and maintenance procedures, operation and maintenance records,
manufacturer's recommendations and specifications, and inspection of the
CPMS.
(3) All CPMS shall be installed and operational, and the data
verified as specified in this subpart either prior to or in conjunction
with conducting performance tests. Verification of operational status
shall, at a minimum, include completion of the manufacturer's written
specifications or recommendations for installation, operation, and
calibration of the system or other written procedures that provide
adequate assurance that the equipment would reasonably be expected to
monitor accurately.
(4) All CPMS shall be installed such that representative
measurements of parameters from the regulated source are obtained.
(5) In accordance with Sec. 65.3(a)(3), except for system
breakdowns, repairs, maintenance periods, instrument adjustments or
checks to maintain precision and accuracy, calibration checks, and zero
and span adjustments, all CPMS shall be in continuous operation when
emissions are being routed to the monitored device.
(d) Except for Group 2A process vents, the parameter monitoring data
shall be used to determine compliance with the required operating
conditions for the monitored control devices. For each excursion, except
for excused excursions and the excursions described in paragraph (d)(3)
of this section, the owner or operator shall be deemed to have failed to
have applied the control in a manner that achieves the required
operating conditions.
(1) An excursion means any of the three cases listed in paragraphs
(d)(1)(i) through (iii) of this section. For a control device where
multiple parameters are monitored, if one or more of the parameters
meets the excursion criteria in paragraph (d)(1)(i), (ii), or (iii) of
this section, this is considered a single excursion for the day for the
control device.
(i) When the daily average value of one or more monitored parameters
is outside the permitted range.
(ii) When the period of control or recovery device operation is 4
hours or greater in an operating day, and monitoring data are
insufficient to constitute a valid hour of data for at least 75 percent
of the operating hours.
[[Page 117]]
(iii) When the period of control or recovery device operation is
less than 4 hours in an operating day, and more than 1 hour during the
period of operation does not constitute a valid hour of data due to
insufficient monitoring data.
(iv) Monitoring data are insufficient to constitute a valid hour of
data as used in paragraphs (d)(1)(ii) and (iii) of this section, if
measured values are unavailable for any of the 15-minute periods within
the hour. For data compression systems approved under Sec. 65.162(d)(4),
monitoring data are insufficient to calculate a valid hour of data if
there are less than four data values recorded during the hour.
(2) One excused excursion for each control device or recovery device
for each semiannual period is allowed.
(3) The following excursions are not violations and do not count as
excused excursions:
(i) Excursions which occur during periods of startup, shutdown, and
malfunction, when the source is being operated during such periods in
accordance with its startup, shutdown, and malfunction plan as required
by Sec. 65.6.
(ii) Excursions which occur due to failure to collect a valid hour
of data during periods of startup, shutdown, and malfunction, when the
source is being operated during such periods in accordance with its
startup, shutdown, and malfunction plan as required by Sec. 65.6.
(iii) Excursions which occur during periods of nonoperation of the
regulated source or portion thereof, resulting in cessation of the
emissions to which monitoring applies.
(4) Nothing in paragraph (d) of this section shall be construed to
allow or excuse a monitoring parameter excursion caused by any activity
that violates other applicable provisions of this part.
(5) Paragraph (d) of this section applies to emission points and
control devices for which continuous monitoring is required by this
subpart, and to alternatives to continuous monitoring systems such as
provided in Sec. 65.162(d)(3) and (d)(4). Paragraph (d)(3) of this
section also applies to emission points and control devices which are
not subject to continuous monitoring requirements, such as inspections
of the closed vent system.
(e) Alternative monitoring parameter. An owner or operator may
request approval to monitor control, recovery, halogen scrubber, or
halogen reduction device operating parameters other than those specified
in this subpart by following the procedures specified in Sec. 65.162(e).
Sec. 65.157 Performance test and flare compliance determination requirements.
(a) Performance tests and flare compliance determinations. Where
Secs. 65.145 through 65.155 require, or the owner or operator elects to
conduct, a performance test of a nonflare control device or a halogen
reduction device, or a compliance determination for a flare, the
requirements of paragraphs (b) through (d) of this section apply.
(b) Prior test results and waivers. Initial performance tests and
initial flare compliance determinations are required only as specified
in this subpart.
(1) Unless requested by the Administrator, an owner or operator is
not required to conduct a performance test or flare compliance
determination under this subpart if a prior performance test or
compliance determination was conducted using the same methods specified
in Sec. 65.158, and either no process changes have been made since the
test or the owner or operator can demonstrate to the Administrator's
satisfaction that the results of the performance test, with or without
adjustments, reliably demonstrate compliance despite process changes.
(2) Individual performance tests and flare compliance determinations
may be waived upon written application to the Administrator per
Sec. 65.164(b)(3) if, in the Administrator's judgment, the source is
meeting the relevant standard(s) on a continuous basis, or the source is
being operated under an extension of compliance under 40 CFR part 63, or
a waiver of compliance under 40 CFR part 61, or the owner or operator
has requested an extension of compliance under 40 CFR part 63, or a
waiver of compliance under 40 CFR part 61, and the Administrator is
still considering that request.
[[Page 118]]
(3) Approval of any waiver granted under this section shall not
abrogate the Administrator's authority under the Act or in any way
prohibit the Administrator from later canceling the waiver. The
cancellation will be made only after notification is given to the owner
or operator of the source.
(c) Performance tests and flare compliance determinations schedule.
(1) Unless a waiver of performance testing or flare compliance
determination is obtained under this section or the conditions of
another subpart of this part, the owner or operator shall perform such
tests specified in the following:
(i) Within 180 days after the effective date of a relevant standard
for a new source that has an initial startup date before the effective
date of that standard; or
(ii) Within 180 days after initial startup for a new source that has
an initial startup date after the effective date of a relevant standard;
or
(iii) Within 180 days after the compliance date specified in a
referencing subpart for an existing source or within 180 days after
startup of an existing source if the source begins operation after the
effective date of the relevant 40 CFR part 63 emission standard; or
(iv) Within 180 days after the compliance date for an existing
source subject to an emission standard established pursuant to section
112(f) of the Act; or
(v) Within 180 days after the termination date of the source's
extension of compliance or a waiver of compliance for an existing source
that obtains an extension of compliance under 40 CFR 63.6(i) or a waiver
of compliance under 40 CFR 61.11; or
(vi) Within 180 days after the compliance date for a new source,
subject to an emission standard established pursuant to section 112(f)
of the Act, for which construction or reconstruction is commenced after
the proposal date of a relevant standard established pursuant to section
112(d) of the Act but before the proposal date of the relevant standard
established pursuant to section 112(f) of the Act (see 40 CFR
63.6(b)(4)); or
(vii) When a promulgated emission standard under 40 CFR part 63 is
more stringent than the standard that was proposed (see 40 CFR
63.6(b)(3)), the owner or operator of a new or reconstructed source
subject to that standard for which construction or reconstruction is
commenced between the proposal and promulgation dates of the standard
shall comply with performance testing requirements within 180 days after
the standard's effective date or within 180 days after startup of the
source, whichever is later. If the promulgated standard is more
stringent than the proposed standard, the owner or operator may choose
to demonstrate compliance initially with either the proposed or the
promulgated standard. If the owner or operator chooses to comply with
the proposed standard initially, the owner or operator shall conduct a
second performance test within 3 years and 180 days after the effective
date of the standard, or after startup of the source, whichever is
later, to demonstrate compliance with the promulgated standard.
(2) The Administrator may require an owner or operator to conduct
performance tests and compliance determinations at the regulated source
at any time when the action is authorized by section 114 of the Act.
(d) Performance testing facilities. If required to do performance
testing, the owner or operator of each new regulated source and, at the
request of the Administrator, the owner or operator of each existing
regulated source, shall provide performance testing facilities as
specified in the following:
(1) Sampling ports adequate for test methods applicable to such
source. This includes, as applicable, the following requirements:
(i) Constructing the air pollution control system such that
volumetric flow rates and pollutant emission rates can be accurately
determined by applicable test methods and procedures; and
(ii) Providing a stack or duct free of cyclonic flow during
performance tests as demonstrated by applicable test methods and
procedures;
(2) Safe sampling platform(s);
(3) Safe access to sampling platform(s);
(4) Utilities for sampling and testing equipment; and
(5) Any other facilities that the Administrator deems necessary for
safe and adequate testing of a source.
[[Page 119]]
Sec. 65.158 Performance test procedures for control devices.
(a) General procedures. Where Secs. 65.145 through 65.155 require,
or the owner or operator elects to conduct, a performance test of a
control device or a halogen reduction device, an owner or operator shall
comply with the requirements of (a)(1) through (3) of this section, as
applicable.
(1) Performance tests shall be conducted at maximum representative
operating conditions for the process unless the Administrator specifies
or approves alternate operating conditions. During the performance test,
an owner or operator may operate the control or halogen reduction device
at maximum or minimum representative operating conditions for monitored
control or halogen reduction device parameters, whichever results in
lower emission reduction. Operations during periods of startup,
shutdown, and malfunction shall not constitute representative conditions
for the purpose of a performance test.
(2) Performance tests shall be conducted and data shall be reduced
in accordance with the test methods and procedures set forth in this
subpart, in each relevant standard, and, if required, in applicable
appendices of 40 CFR parts 51, 60, 61, and 63 unless the Administrator
allows revisions to the test methods as specified in one or more of the
following five paragraphs:
(i) The Administrator specifies or approves, in specific cases, the
use of a test method with minor or intermediate changes in methodology;
or
(ii) The Administrator approves the use of a major change to a test
method, the results of which the Administrator has determined to be
adequate for indicating whether a specific regulated source is in
compliance; or
(iii) Intermediate and major changes to a test method shall be
validated using the applicable procedures of Method 301 of appendix A of
40 CFR part 63; or
(iv) The Administrator waives the requirement for the performance
test as provided in Sec. 65.157(b)(2) because the owner or operator of a
regulated source has demonstrated by other means to the Administrator's
satisfaction that the regulated source is in compliance with the
relevant standard; or
(v) The Administrator approves the use of an equivalent method.
(3) Each performance test shall consist of three separate runs using
the applicable test method. Except as provided in paragraphs (a)(3)(i)
and (ii) of this section, each run shall be conducted for at least 1
hour and under the conditions specified in this section. For the purpose
of determining compliance with an applicable standard, the arithmetic
mean of results of the three runs shall apply. In the event that a
sample is accidentally lost or conditions occur in which one of the
three runs must be discontinued because of forced shutdown, failure of
an irreplaceable portion of the sample train, extreme meteorological
conditions, or other circumstances beyond the owner or operator's
control, compliance may, upon the Administrator's approval, be
determined using the arithmetic mean of the results of the two other
runs.
(i) For control devices that are used to control emissions from
high-throughput transfer racks, and that are capable of continuous vapor
processing but do not handle continuous emissions or emissions from
high-throughput transfer racks that load simultaneously from multiple
loading arms, each run shall represent at least one complete tank truck
or tank car loading period during which regulated materials are loaded,
and samples shall be collected using integrated sampling or grab samples
taken at least four times per hour at approximately equal intervals of
time, such as 15-minute intervals.
(ii) For intermittent vapor processing systems used for controlling
high-throughput transfer rack emissions that do not handle continuous
emissions or multiple loading arms of a high-throughput transfer rack
that load simultaneously, each run shall represent at least one complete
control device cycle, and samples shall be collected using integrated
sampling or grab samples taken at least four times per hour at
approximately equal intervals of time, such as 15-minute intervals.
(b) Test methods. Where Secs. 65.145 through 65.155 require, or the
owner or
[[Page 120]]
operator elects to conduct, a performance test of a control device or a
halogen reduction device, an owner or operator shall conduct that
performance test using the procedures in paragraphs (b)(1) through (4)
of this section, as applicable. The regulated material concentration and
percent reduction may be measured as either total regulated material or
as TOC (minus methane and ethane) according to the procedures specified.
(1) Method 1 or 1A of appendix A of 40 CFR part 60 as appropriate,
shall be used for selection of the sampling sites.
(i) For determination of compliance with a percent reduction
requirement of total regulated material or TOC, sampling sites shall be
located at the inlet of the control device as specified in the following
and at the outlet of the control device:
(A) For process vents, the control device inlet sampling site shall
be located after the final product recovery device.
(B) If a vent stream is introduced with the combustion air or as a
secondary fuel into a boiler or process heater with a design capacity
less than 44 megawatts (150 million British thermal units per hour),
selection of the location of the inlet sampling sites shall ensure the
measurement of total regulated material or TOC (minus methane and
ethane) concentrations, as applicable, in all vent streams and primary
and secondary fuels introduced into the boiler or process heater.
(ii) For determination of compliance with the 20 parts per million
by volume total regulated material or TOC limit in Sec. 65.63(a)(2),
Sec. 65.83(a)(1), and 40 CFR 60.562-1(a)(1)(i)(A), the sampling site
shall be located at the outlet of the control device.
(2) The gas volumetric flow rate shall be determined using Method 2,
2A, 2C, or 2D of appendix A of 40 CFR part 60, as appropriate.
(3) To determine compliance with the 20 parts per million by volume
total regulated material or TOC (minus methane and ethane) limit, the
owner or operator shall use Method 18 of appendix A of 40 CFR part 60 to
measure either TOC minus methane and ethane or total regulated material,
as applicable. Alternatively, any other method or data that have been
validated according to the applicable procedures in Method 301 of
appendix A of 40 CFR part 63 may be used. Method 25A may be used for
transfer racks as detailed in paragraph (b)(3)(iv) of this section. The
procedures specified in paragraphs (b)(3)(i) through (iv) of this
section shall be used to calculate parts per million by volume
concentration, corrected to 3 percent oxygen.
(i) Except as provided in paragraphs (a)(3)(i) and (ii) of this
section, the minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15 minute intervals
during the run.
(ii) The concentration of either TOC (minus methane or ethane) or
total regulated material shall be calculated according to the following
two paragraphs, as appropriate:
(A) The TOC concentration (CTOC) is the sum of the
concentrations of the individual components and shall be computed for
each run using Equation 158-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.012
Where:
CREG, or CTOC= Concentration of total regulated
material or concentration of TOC (minus methane and ethane), dry basis,
parts per million by volume.
x = Number of samples in the sample run.
n = Number of components in the sample.
[[Page 121]]
Cji = Concentration of sample components j of sample i, dry
basis, parts per million by volume.
(B) The total regulated material (CREG) shall be computed
according to equation 158-1 of this section except that only the
regulated species shall be summed. Where the regulated material is
organic HAP's, the list of organic HAP's provided in table 2 of 40 CFR
part 63, subpart F, shall be used.
(iii) The concentration of TOC or total regulated material, as
applicable, shall be corrected to 3 percent oxygen if a combustion
device is the control device.
(A) The emission rate correction factor (or excess air) integrated
sampling and analysis procedures of Method 3B of appendix A of 40 CFR
part 60 shall be used to determine the oxygen concentration. The
sampling site shall be the same as that of the regulated material or
organic compound samples, and the samples shall be taken during the same
time that the regulated material or organic compound samples are taken.
(B) The concentration corrected to 3 percent oxygen (Cc)
shall be computed using Equation 158-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.013
Where:
Cc = Concentration of TOC or regulated material corrected to
3 percent oxygen, dry basis, parts per million by volume.
Cm = Concentration of TOC (minus methane and ethane) or
regulated material, dry basis, parts per million by volume.
%O2d = Concentration of oxygen, dry basis, percentage by
volume.
(iv) Method 25A of appendix A of 40 CFR part 60 may be used for the
purpose of determining compliance with the 20 parts per million by
volume limit specified in Sec. 65.83(a)(1) for transfer racks. If Method
25A of appendix A of 40 CFR part 60 is used, the following procedures
shall be used to calculate the concentration of organic compounds
(CTOC):
(A) The principal organic HAP in the vent stream shall be used as
the calibration gas.
(B) The span value for Method 25A of appendix A of 40 CFR part 60
shall be between 1.5 and 2.5 times the concentration being measured.
(C) Use of Method 25A of appendix A of 40 CFR part 60 is acceptable
if the response from the high-level calibration gas is at least 20 times
the standard deviation of the response from the zero calibration gas
when the instrument is zeroed on the most sensitive scale.
(D) The concentration of TOC shall be corrected to 3 percent oxygen
using the procedures and equation in paragraph (b)(3)(iii) of this
section.
(4) To determine compliance with a percent reduction requirement,
the owner or operator shall use Method 18 of appendix A of 40 CFR part
60; alternatively, any other method or data that have been validated
according to the applicable procedures in Method 301 of appendix A of 40
CFR part 63 may be used. Method 25A of appendix A of 40 CFR part 60 may
be used for transfer racks as detailed in paragraph (b)(4)(v) of this
section. Procedures specified in paragraphs (b)(4)(i) through (v) of
this section shall be used to calculate percent reduction efficiency.
(i) Except as provided in paragraphs (a)(3)(i) and (ii) of this
section, the minimum sampling time for each run shall be 1 hour in which
either an integrated sample or a minimum of four grab samples shall be
taken. If grab sampling is used, then the samples shall be taken at
approximately equal intervals in time, such as 15-minute intervals
during the run.
(ii) The mass rate of either TOC (minus methane and ethane) or total
regulated material (Ei, Eo) shall be computed as
applicable.
(A) Equations 158-3 and 158-4 of this section shall be used:
[GRAPHIC] [TIFF OMITTED] TR14DE00.014
[GRAPHIC] [TIFF OMITTED] TR14DE00.015
Where:
Ei, Eo = Emission rate of TOC (minus methane and
ethane) (ETOC) or emission rate of total organic HAP
(EHAP) in the sample at
[[Page 122]]
the inlet and outlet of the control device, respectively, dry basis,
kilogram per hour.
K2 = Constant, 2.494 x 10-6(parts per
million)-1 (gram-mole per standard cubic meter) (kilogram per
gram) (minute per hour), where standard temperature (gram-mole per
standard cubic meter) is 20 [deg]C.
n = Number of components in the sample.
Cij, Coj = Concentration on a dry basis of organic
compound j in parts per million by volume of the gas stream at the inlet
and outlet of the control device, respectively. If the TOC emission rate
is being calculated, Cij and Coj include all
organic compounds measured minus methane and ethane; if the total
organic HAP emissions rate is being calculated, only organic HAP are
included.
Mij, Moj = Molecular weight of organic compound j,
gram per gram-mole, of the gas stream at the inlet and outlet of the
control device, respectively.
Qi, Qo = Process vent flow rate, dry standard
cubic meter per minute, at a temperature of 20 [deg]C, at the inlet and
outlet of the control device, respectively.
(B) Where the mass rate of TOC is being calculated, all organic
compounds (minus methane and ethane) measured by Method 18 of appendix A
of 40 CFR part 60 are summed using equations 158-3 and 158-4 of this
section.
(C) Where the mass rate of total regulated material is being
calculated, only the species comprising the regulated material shall be
summed using equations 158-3 and 158-4 of this section. Where the
regulated material is organic HAP's, the list of organic HAP's provided
in table 2 of 40 CFR part 63, subpart F, shall be used.
(iii) The percent reduction in TOC (minus methane and ethane) or
total regulated material shall be calculated using Equation 158-5 of
this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.016
Where:
R = Control efficiency of control device, percent.
Ei = Mass rate of TOC (minus methane and ethane) or total
regulated material at the inlet to the control device as calculated
under paragraph (b)(4)(ii) of this section, kilograms TOC per hour or
kilograms regulated material per hour.
Eo = Mass rate of TOC (minus methane and ethane) or total
regulated material at the outlet of the control device, as calculated
under paragraph (b)(4)(ii) of this section, kilograms TOC per hour or
kilograms total regulated material per hour.
(iv) If the vent stream entering a boiler or process heater with a
design capacity less than 44 megawatts (150 million British thermal
units) is introduced with the combustion air or as a secondary fuel, the
weight-percent reduction of total regulated material or TOC (minus
methane and ethane) across the device shall be determined by comparing
the TOC (minus methane and ethane) or total regulated material in all
combusted vent streams and primary and secondary fuels with the TOC
(minus methane and ethane) or total regulated material exiting the
combustion device, respectively.
(v) Method 25A of appendix A of 40 CFR part 60 may also be used for
the purpose of determining compliance with the percent reduction
requirement for transfer racks.
(A) If Method 25A of appendix A of 40 CFR part 60 is used to measure
the concentration of organic compounds (CTOC), the principal
regulated material in the vent stream shall be used as the calibration
gas.
(B) An emission testing interval shall consist of each 15-minute
period during the performance test. For each interval, a reading from
each measurement shall be recorded.
(C) The average organic compound concentration and the volume
measurement shall correspond to the same emissions testing interval.
(D) The mass at the inlet and outlet of the control device during
each testing interval shall be calculated using Equation 158-6 of this
section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.017
Where:
Mj = Mass of organic compounds emitted during testing
interval j, kilograms.
F = 10-6 = Conversion factor, (cubic meters regulated
material per cubic meters air) * (parts per million by volume)
-1.
K = Density, kilograms per standard cubic meter regulated material. You
may use 659 kilograms per standard cubic meter regulated material.
(Note: The density term cancels out when the percent reduction is
calculated. Therefore, the density used has no effect. The density of
hexane is given so that it can be used to maintain the units of
Mj.)
[[Page 123]]
Vs = Volume of air-vapor mixture exhausted at standard
conditions, 20 [deg]C and 760 millimeters of mercury (30 inches of
mercury), standard cubic meters.
Ct = Total concentration of organic compounds (as measured)
at the exhaust vent, parts per million by volume, dry basis.
(E) The organic compound mass emission rates at the inlet and outlet
of the control device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR14DE00.018
[GRAPHIC] [TIFF OMITTED] TR14DE00.019
Where:
Ei, Eo = Mass flow rate of organic compounds at
the inlet (i) and outlet (o) of the control device, kilograms per hour.
n = Number of testing intervals.
Mij, Moj = Mass of organic compounds at the inlet
(i) or outlet (o) during testing interval j, kilograms.
T = Total time of all testing intervals, hours.
(c) Halogen test method. An owner or operator using a halogen
scrubber or other halogen reduction device to control halogenated vent
streams in compliance with Sec. 65.63(b)(1) for process vents, or
Sec. 65.83(b)(1) for transfer racks, who is required to conduct a
performance test to determine compliance with the control efficiency or
emission limits for hydrogen halides and halogens, as specified in
Sec. 65.154(b), shall comply with the following procedures:
(1) For an owner or operator determining compliance with the percent
reduction of total hydrogen halides and halogens, sampling sites shall
be located at the inlet and outlet of the scrubber or other halogen
reduction device used to reduce halogen emissions. For an owner or
operator determining compliance with the less than 0.45 kilogram per
hour (0.99 pounds per hour) outlet emission limit for total hydrogen
halides and halogens, the sampling site shall be located at the outlet
of the scrubber or other halogen reduction device and prior to any
releases to the atmosphere.
(2) Except as provided in paragraph (a)(2) of this section, Method
26 or Method 26A of appendix A of 40 CFR part 60 shall be used to
determine the concentration, in milligrams per dry standard cubic meter,
of total hydrogen halides and halogens that may be present in the vent
stream. The mass emissions of each hydrogen halide and halogen compound
shall be calculated from the measured concentrations and the gas stream
flow rate.
(3) To determine compliance with the percent removal efficiency, the
mass emissions for any hydrogen halides and halogens present at the
inlet of the halogen reduction device shall be summed together. The mass
emissions of the compounds present at the outlet of the scrubber or
other halogen reduction device shall be summed together. Percent
reduction shall be determined by comparison of the summed inlet and
outlet measurements.
(4) To demonstrate compliance with the less than 0.45 kilogram per
hour (0.99 pound per hour) outlet emission limit, the test results must
show that the mass emission rate of total hydrogen halides and halogens
measured at the outlet of the scrubber or other halogen reduction device
is below 0.45 kilogram per hour (0.99 pound per hour).
Sec. 65.159 Flare compliance determination and monitoring records.
(a) Conditions of flare compliance determination records. Upon
request, the owner or operator shall make available to the Administrator
such records as may be necessary to determine the conditions of flare
compliance determinations performed pursuant to Sec. 65.147(b).
(b) Flare compliance determination records. When using a flare to
comply with this subpart, record the following information for each
flare compliance determination performed pursuant to Sec. 65.147(b):
(1) Flare design (i.e., steam-assisted, air-assisted, or
nonassisted);
(2) All visible emission readings, heat content determinations, flow
rate measurements, and exit velocity determinations made during the
flare compliance determination; and
[[Page 124]]
(3) All periods during the flare compliance determination when all
pilot flames are absent or, if only the flare flame is monitored, all
periods when the flare flame is absent.
(c) Monitoring records. Each owner or operator shall keep up to date
and readily accessible hourly records of whether the flare flame or
pilot flame monitors are continuously operating during the hour and
whether the flare flame or at least one pilot flame is continuously
present during the hour. For transfer racks, hourly records are required
only while the transfer vent stream is being vented.
(d) Compliance records. (1) Each owner or operator shall keep
records of the times and duration of all periods during which the flare
flame and all the pilot flames are absent. This record shall be
submitted in the periodic reports as specified in Sec. 65.166(c).
(2) Each owner or operator shall keep records of the times and
durations of all periods during which the flare flame or pilot flame
monitors are not operating.
Sec. 65.160 Performance test and TRE index value determination records.
(a) Availability of performance tests records. Upon request, the
owner or operator shall make available to the Administrator such records
as may be necessary to determine the conditions of performance tests
performed pursuant to Secs. 65.148(b), 65.149(b), 65.150(b), 65.151(b),
65.152(b), 65.154(b), or 65.155(b).
(b) Nonflare control device and halogen reduction device performance
test records. Each owner or operator subject to the provisions of this
subpart shall keep up-to-date, readily accessible records of the data
specified in paragraphs (b)(1) through (3) of this section, as
applicable, measured during each performance test performed pursuant to
Secs. 65.148(b), 65.149(b), 65.150(b), 65.151(b), 65.152(b), 65.154(b),
or 65.155(b), and also include that data in the Initial Compliance
Status Report as specified in Sec. 65.164(a). The same data specified in
paragraphs (b)(1) through (3) of this section, as applicable, shall be
submitted in the reports of all subsequently required performance tests
where either the emission control efficiency of a nonflare control
device or the outlet concentration of TOC or regulated material is
determined.
(1) Nonflare combustion device. Where an owner or operator subject
to the provisions of paragraph (b) of this section seeks to demonstrate
compliance with a percent reduction requirement or a parts per million
by volume requirement using a nonflare combustion device, the following
information shall be recorded:
(i) For thermal incinerators, record the fire box temperature
measured at least every 15 minutes and averaged over the full period of
the performance test.
(ii) For catalytic incinerators, record the upstream and downstream
temperatures and the temperature difference across the catalyst bed
measured at least every 15 minutes and averaged over the full period of
the performance test.
(iii) For an incinerator, record the percent reduction of regulated
material or TOC achieved by the incinerator determined as specified in
Sec. 65.158(b)(4), as applicable, or the concentration of regulated
material or TOC (parts per million by volume, by compound) determined as
specified in Sec. 65.158(b)(3) at the outlet of the incinerator.
(iv) For a boiler or process heater, record a description of the
location at which the vent stream is introduced into the boiler or
process heater.
(v) For boilers or process heaters with a design heat input capacity
less than 44 megawatts (150 British thermal units per hour) and where
the vent stream is not introduced with or as the primary fuel, record
the fire box temperature measured at least every 15 minutes and averaged
over the full period of the performance test.
(vi) For a boiler or process heater with a design heat input
capacity of less than 44 megawatts (150 British thermal units per hour)
and where the vent stream is not introduced with or as the primary fuel,
record the percent reduction of regulated material or TOC, or the
concentration of regulated material or TOC (parts per million by volume,
by compound) determined as specified in Sec. 65.158(b)(3) at the outlet
of the combustion device.
(2) Other nonflare control devices. Where an owner or operator seeks
to
[[Page 125]]
use an absorber, condenser, or carbon adsorber as a control device, the
following information shall be recorded, as applicable:
(i) Where an absorber is used as the control device, the exit
specific gravity and average exit temperature of the absorbing liquid
measured at least every 15 minutes and averaged over the same time
period as the performance test (both measured while the vent stream is
normally routed and constituted); or
(ii) Where a condenser is used as the control device, the average
exit (product side) temperature measured at least every 15 minutes and
averaged over the same time period as the performance test while the
vent stream is routed and constituted normally; or
(iii) Where a carbon adsorber is used as the control device, the
total regeneration stream mass flow during each carbon-bed regeneration
cycle during the period of the performance test measured at least every
15 minutes and averaged over the same time period as the performance
test (full carbon-bed cycle), and temperature of the carbon-bed after
each regeneration during the period of the performance test (and within
15 minutes of completion of any cooling cycle or cycles); or
(iv) As an alternative to paragraph (b)(2)(i), (ii), or (iii) of
this section, the concentration level or reading indicated by the
organics monitoring device at the outlet of the absorber, condenser, or
carbon adsorber measured at least every 15 minutes and averaged over the
same time period as the performance test while the vent stream is
normally routed and constituted; and
(v) For an absorber, condenser, or carbon adsorber used as a control
device, the percent reduction of regulated material or TOC achieved by
the control device determined as specified in Sec. 65.158(b)(4), or the
concentration of regulated material or TOC (parts per million by volume,
by compound) determined as specified in Sec. 65.158(b)(3) at the outlet
of the control device.
(3) Halogen reduction devices. When using a scrubber following a
combustion device to control a halogenated vent stream, record the
following information:
(i) The percent reduction or scrubber outlet mass emission rate of
total hydrogen halides and halogens as specified in Sec. 65.158(c);
(ii) The pH of the scrubber effluent averaged over the time period
of the performance test; and
(iii) The scrubber liquid-to-gas ratio averaged over the time period
of the performance test.
(c) Recovery device monitoring records during the TRE index value
determination. For Group 2A process vents, the following records, as
applicable, shall be maintained and reported as specified in
Sec. 65.164(a)(3):
(1) Where an absorber is the final recovery device in the recovery
system, the exit specific gravity and average exit temperature of the
absorbing liquid measured at least every 15 minutes and averaged over
the same time period as the TRE index value determination (both measured
while the vent stream is normally routed and constituted); or
(2) Where a condenser is the final recovery device in the recovery
system, the average exit (product side) temperature measured at least
every 15 minutes and averaged over the same time period as the TRE index
value determination while the vent stream is routed and constituted
normally; or
(3) Where a carbon adsorber is the final recovery device in the
recovery system, the total regeneration stream mass flow measured at
least every 15 minutes and averaged over the same time during each
carbon-bed regeneration cycle during the period of the TRE index value
determination, and temperature of the carbon-bed after each regeneration
during the period of the TRE index value determination (and within 15
minutes of completion of any cooling cycle or cycles); or
(4) As an alternative to paragraph (c)(1), (2), or (3) of this
section, the concentration level or reading indicated by an organics
monitoring device at the outlet of the absorber, condenser, or carbon
adsorber measured at least every 15 minutes and averaged over the same
time period as the TRE index value determination while the vent stream
is normally routed and constituted; and
(5) All measurements and calculations performed to determine the TRE
[[Page 126]]
index value of the vent stream as specified in Sec. 65.64(h).
(d) Halogen concentration records. Record the halogen concentration
in the vent stream determined according to the procedures as specified
in Sec. 65.63(b) or Sec. 65.83(b). Submit this record in the Initial
Compliance Status Report, as specified in Sec. 65.165(d). If the owner
or operator designates the vent stream as halogenated, then this shall
be recorded and reported in the Initial Compliance Status Report.
Sec. 65.161 Continuous records and monitoring system data handling.
(a) Continuous records. Where this subpart requires a monitoring
device capable of providing a continuous record, the owner or operator
shall maintain the record specified in paragraph (a)(1), (2), (3), or
(4) of this section, as applicable (The provisions of this section apply
to owners and operators of storage vessels and low-throughput transfer
racks only if specified by the applicable monitoring plan established
under Sec. 65.165(c)(1) and (2)):
(1) A record of values measured at least once every 15 minutes or
each measured value for systems that measure more frequently than once
every 15 minutes; or
(2) A record of block average values for 15-minute or shorter
periods calculated from all measured data values during each period or
from at least one measured data value per minute if measured more
frequently than once per minute; or
(3) For data collected from an automated continuous parameter
monitoring system, a record of block hourly average values calculated
from each 15-minute block average period or from at least one measured
value per minute if measured more frequently than once per minute, and a
record of the most recent 3 valid hours of continuous (15-minute or
shorter) records meeting the requirements of paragraph (a)(1) or (2) of
this section. Records meeting the requirements of paragraph (a)(1) or
(2) of this section shall also be kept for all periods that include CPMS
breakdown or malfunction. During these periods, it is not necessary to
calculate hourly averages; or
(4) A record as required by an alternative approved under
Sec. 65.162(d).
(b) Excluded data. Monitoring data recorded during the following
periods shall not be included in any average computed to determine
compliance under this subpart:
(1) Monitoring system breakdowns, repairs, preventive maintenance,
calibration checks, and zero (low-level) and high-level adjustments;
(2) Periods of non-operation of the process unit (or portion
thereof), resulting in cessation of the emissions to which the
monitoring applies; and
(3) Startups, shutdowns, and malfunctions.
(c) Records of daily averages. In addition to the records specified
in paragraph (a) of this section, owners or operators shall also keep
records as specified in paragraphs (c)(1) and (2) of this section unless
an alternative monitoring or recordkeeping system has been requested and
approved under Sec. 65.162(d).
(1) Except as specified in paragraph (c)(2) of this section, daily
average values of each continuously monitored parameter shall be
calculated for each operating day. Data meeting the specifications of
paragraph (b) of this section shall not be included in the average. The
data shall be reported in the periodic report as specified in
Sec. 65.166(f), if applicable.
(i) The daily average shall be calculated as the average of all
values for a monitored parameter recorded during the operating day as
specified in paragraph (a)(1), (2), or (3) of this section. The average
shall cover a 24-hour period if operation is continuous, or the number
of hours of operation per operating day if operation is not continuous
(for example, for high-throughput transfer racks, the average shall
cover periods of loading). If values are measured more frequently than
once per minute, a single value for each minute may be used to calculate
the daily average instead of all measured values.
(ii) The operating day shall be the period defined in the operating
permit or the Initial Compliance Status Report. It may be from midnight
to midnight or another daily period.
(2) If all monitored parameter values recorded under paragraph
(a)(1), (2), or
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(3) of this section, during an operating day are within the range
established in the Initial Compliance Status Report or in the operating
permit, the owner or operator does not have to calculate a daily average
value for the operating day and may record that all values were within
the range. The owner or operator must continue to retain the raw data,
15-minute averages, or the hourly averages required under paragraph
(a)(1), (2), or (3) of this section.
(d) Valid data. Unless determined to be excluded data according to
paragraph (b) of this section, the data collected pursuant to paragraphs
(a) through (c) of this section shall be considered valid.
(e) Alternative recordkeeping. For any parameter with respect to any
item of equipment, the owner or operator may implement the recordkeeping
requirements in paragraph (e)(1) or (2) of this section as alternatives
to the continuous parameter monitoring and recordkeeping provisions
listed in paragraphs (a) through (c) of this section. The owner or
operator shall retain each record required by paragraph (e)(1) or (2) of
this section as provided in Sec. 65.4.
(1) The owner or operator may retain only the daily average value
and is not required to retain more frequently monitored operating
parameter values for a monitored parameter with respect to an item of
equipment if the requirements of paragraphs (e)(1)(i) through (vi) of
this section are met. The owner or operator shall notify the
Administrator of implementation of paragraph (e)(1) of this section in
the Initial Compliance Status Report as required in Sec. 65.165(e) or,
if the Initial Compliance Status Report has already been submitted, in
the periodic report as required in Sec. 65.166(f)(4) immediately
preceding implementation of the requirements of paragraph (e)(1) of this
section.
(i) The monitoring system can detect unrealistic or impossible data
during periods of operation other than startups, shutdowns, or
malfunctions (for example, a temperature reading of -200 [deg]C on a
boiler) and will alert the operator by alarm or other means. The owner
or operator shall record the occurrence. All instances of the alarm or
other alert in an operating day constitute a single occurrence.
(ii) The monitoring system shall generate a running average of the
monitoring values, updated at least hourly throughout each operating
day, that have been obtained during that operating day, and the
capability to observe this average is readily available to the
Administrator on-site during the operating day. All instances in an
operating day constitute a single occurrence. The owner or operator
shall record the occurrence of any period meeting the following
criteria:
(A) The running average is above the maximum or below the minimum
established limits;
(B) The running average is based on at least six 1-hour average
values;
(C) The running average reflects a period of operation other than a
startup, shutdown, or malfunction.
(iii) The monitoring system shall be capable of detecting unchanging
data during periods of operation other than startups, shutdowns, or
malfunctions except in circumstances where the presence of unchanging
data is the expected operating condition based on past experience (for
example, pH in some scrubbers), and will alert the operator by alarm or
other means. The owner or operator shall record the occurrence. All
instances of the alarm or other alert in an operating day constitute a
single occurrence.
(iv) The monitoring system shall alert the owner or operator by an
alarm if the running average parameter value calculated under paragraph
(e)(1)(ii) of this section reaches a set point that is appropriately
related to the established limit for the parameter that is being
monitored.
(v) The owner or operator shall verify and document the proper
functioning of the monitoring system, including its ability to comply
with the requirements of paragraph (e)(1) of this section, at the
following times:
(A) Upon initial installation;
(B) Annually after initial installation; and
(C) After any change to the programming or equipment constituting
the
[[Page 128]]
monitoring system, that might reasonably be expected to alter the
monitoring system's ability to comply with the requirements of this
section.
(vi) The owner or operator shall retain the following records:
(A) Identification of each parameter for each item of equipment for
which the owner or operator has elected to comply with the requirements
of Sec. 65.162(e).
(B) A description of the applicable monitoring system(s) and of how
compliance will be achieved with each requirement of paragraphs
(e)(1)(i) through (v) of this section. The description shall identify
the location and format (for example, on-line storage; log entries) for
each required record. If the description changes, the owner or operator
shall retain both the current and the most recent outdated description.
(C) A description and the date of any change to the monitoring
system that would reasonably be expected to affect its ability to comply
with the requirements of paragraph (e)(1) of this section.
(D) Owners and operators shall retain the current description of the
monitoring system as long as the description is current, but not less
than 5 years from the date of its creation. The current description
shall be retained on-site at all times or be accessible from a central
location by computer or other means that provide access within 2 hours
after a request. The owner or operator shall retain the most recent
outdated description at least until 5 years from the date of its
creation. The outdated description shall be retained on-site (or
accessible from a central location by computer that provides access
within 2 hours after a request) at least 6 months after being outdated.
Thereafter, the outdated description may be stored off-site.
(2) If an owner or operator has elected to implement the
requirements of paragraph (e)(1) of this section and a period of 6
consecutive months has passed without an excursion as defined in
paragraph (e)(2)(iv) of this section, the owner or operator is no longer
required to record the daily average value for that parameter for that
unit of equipment for any operating day when the daily average value is
less than the maximum or greater than the minimum established limit.
With approval by the Administrator, monitoring data generated prior to
the compliance date of this subpart shall be credited toward the period
of 6 consecutive months if the parameter limit and the monitoring were
required and/or approved by the Administrator.
(i) If the owner or operator elects not to retain the daily average
values, the owner or operator shall notify the Administrator in the next
periodic report. The notification shall identify the parameter and unit
of equipment.
(ii) If there is an excursion as defined in paragraph (e)(2)(iv) of
this section on any operating day after the owner or operator has ceased
recording daily averages as provided in paragraph (e)(2) of this
section, the owner or operator shall immediately resume retaining the
daily average value for each day and shall notify the Administrator in
the next periodic report. The owner or operator shall continue to retain
each daily average value until another period of 6 consecutive months
has passed without an excursion.
(iii) The owner or operator shall retain the records specified in
paragraphs (e)(1)(i) through (vi) of this section for the duration
specified in Sec. 65.4. For any calendar week, if compliance with
paragraphs (e)(1)(i) through (iv) of this section does not result in
retention of a record of at least one occurrence or measured parameter
value, the owner or operator shall record and retain at least one
parameter value during a period of operation other than a startup,
shutdown, or malfunction.
(iv) For purposes of paragraph (e) of this section, an excursion
means that the daily average value of monitoring data for a parameter is
greater than the maximum or less than the minimum established value
except as provided in the following:
(A) The daily average value during any startup, shutdown, or
malfunction shall not be considered an excursion for purposes of this
paragraph (e) if the owner or operator follows the applicable provisions
of the startup, shutdown, and malfunction plan required by Sec. 65.6.
(B) Excused excursions described in Sec. 65.156(d)(2) and excursions
described in
[[Page 129]]
Sec. 65.156(d)(3) do not count toward the number of excursions for
purposes of this paragraph (e).
Sec. 65.162 Nonflare control and recovery device monitoring records.
(a) Monitoring system records. For process vents and high-throughput
transfer racks, the owner or operator subject to this subpart shall keep
the records specified in paragraph (a) of this section as well as
records specified elsewhere in this part.
(1) For CPMS used to comply with this part, a record of the
procedure used for calibrating the CPMS.
(2) For CPMS used to comply with this subpart, records of the
following information, as applicable:
(i) The date and time of completion of calibration and preventive
maintenance of the CPMS;
(ii) The ``as found'' and ``as left'' CPMS readings whenever an
adjustment is made that affects the CPMS reading and a ``no adjustment''
statement otherwise;
(iii) The start time and duration or start and stop time of any
periods when the CPMS is inoperative or malfunctioning;
(iv) Records of the occurrence and duration of each startup,
shutdown, and malfunction of CPMS used to comply with this part during
which excess emissions (as defined in Sec. 65.3(a)(4)) occur; and
(v) For each startup, shutdown, and malfunction during which excess
emissions as defined in Sec. 65.3(a)(4) of this part occur, records
whether the procedures specified in the source's startup, shutdown, and
malfunction plan were followed and documentation of actions taken that
are not consistent with the plan. These records may take the form of a
checklist, or other form of recordkeeping that confirms conformance with
the startup, shutdown, and malfunction plan for the event.
(3) Records of startup, shutdown, and malfunction and CPMS
calibration and maintenance are not required if they pertain solely to
Group 2A process vents.
(b) Combustion control and halogen reduction device monitoring
records. (1) Each owner or operator using a combustion control or
halogen reduction device to comply with this subpart shall keep, as
applicable, up-to-date and readily accessible continuous records, as
specified in Sec. 65.161(a); and records of the equipment operating
parameters specified to be monitored under Sec. 65.148(c) (incinerator
monitoring); Sec. 65.149(c) (boiler and process heater monitoring);
Sec. 65.154(c) (halogen reduction device monitoring); Sec. 65.155(c)
(other control device monitoring); or specified by the Administrator in
accordance with paragraph (e) of this section.
(2) Each owner or operator shall keep records of the daily average
value of each continuously monitored parameter for each operating day
determined according to the procedures specified in Sec. 65.161(c)(1).
For catalytic incinerators, record the daily average of the temperature
upstream of the catalyst bed and the daily average of the temperature
differential across the bed. For halogen scrubbers, record the daily
average pH and the liquid-to-gas ratio.
(3) Each owner or operator subject to the provisions of this subpart
shall keep up-to-date, readily accessible records of periods of
operation during which the parameter boundaries are exceeded and report
these exceedances as specified in Sec. 65.166(f)(1). The parameter
boundaries are established pursuant to Sec. 65.148(c)(2) (incinerator
monitoring), Sec. 65.149(c)(2) (boiler and process heater monitoring),
Sec. 65.154(c)(2) (halogen reduction device monitoring), or
Sec. 65.155(c)(2) (other control device monitoring), as applicable.
(c) Monitoring records for recovery devices on Group 2A process
vents and for absorbers, condensers, carbon adsorbers, or other
noncombustion systems used as control devices. (1) Each owner or
operator using a recovery device to achieve and maintain a TRE index
value greater than 1.0 but less than 4.0 or using an absorber,
condenser, carbon adsorber, or other noncombustion system as a control
device shall keep readily accessible, continuous records, as specified
in Sec. 65.161(a), of the equipment operating parameters specified to be
monitored under Sec. 65.150(c) (absorber monitoring), Sec. 65.151(c)
(condenser monitoring), Sec. 65.152(c) (carbon adsorber monitoring),
Sec. 65.153(c) (recovery device monitoring) or Sec. 65.155(c) (other
control
[[Page 130]]
device monitoring), or specified by the Administrator in accordance with
paragraph (e) of this section. For transfer racks, continuous records
are required while the transfer vent stream is being vented.
(2) Each owner or operator shall keep records of the daily average
value of each continuously monitored parameter for each operating day
determined according to the procedures specified in Sec. 65.161(c)(1).
If carbon adsorber regeneration stream flow and carbon bed regeneration
temperature are monitored, the following records shall be kept instead
of the daily averages, and the records shall be reported as specified in
Sec. 65.166(f)(2):
(i) Records of total regeneration stream mass or volumetric flow for
each carbon-bed regeneration cycle; and
(ii) Records of the temperature of the carbon bed after each
regeneration and within 15 minutes of completing any cooling cycle.
(3) Each owner or operator subject to the provisions of this subpart
shall keep up-to-date, readily accessible records of periods of
operation during which the parameter boundaries are exceeded and report
these exceedances as specified in Sec. 65.166(f)(1). The parameter
boundaries are established pursuant to Sec. 65.150(c)(2) (absorber
monitoring), Sec. 65.151(c)(2) (condenser monitoring), Sec. 65.152(c)(2)
(carbon adsorber monitoring), or Sec. 65.155(c)(2) (other control device
monitoring), as applicable.
(d) Alternatives to the continuous operating parameter monitoring
and recordkeeping provisions. An owner or operator may request approval
to use alternatives to the continuous operating parameter monitoring and
recordkeeping provisions listed in Secs. 65.148(c), 65.149(c),
65.150(c), 65.151(c), 65.152(c), 65.153(c), 65.154(c), 65.160, and
paragraphs (b) and (c) of this section.
(1) Requests shall be included in the operating permit application
or as otherwise specified by the permitting authority and shall contain
the information specified in paragraphs (d)(3) through (5) of this
section, as applicable.
(2) The provisions in Sec. 65.7(c) shall govern the review and
approval of requests.
(3) An owner or operator of a source that does not have an automated
monitoring and recording system capable of measuring parameter values at
least once every 15 minutes and generating continuous records may
request approval to use a nonautomated system with less frequent
monitoring.
(i) The requested system shall include manual reading and recording
of the value of the relevant operating parameter no less frequently than
once per hour. Daily average values shall be calculated from these
hourly values and recorded.
(ii) The request shall contain the following information:
(A) A description of the planned monitoring and recordkeeping
system;
(B) Documentation that the source does not have an automated
monitoring and recording system capable of meeting the specified
requirements;
(C) Justification for requesting an alternative monitoring and
recordkeeping system; and
(D) Demonstration to the Administrator's satisfaction that the
proposed monitoring frequency is sufficient to represent control device
operating conditions considering typical variability of the specific
process and control device operating parameter being monitored.
(4) An owner or operator may request approval to use an automated
data compression recording system that does not record monitored
operating parameter values at a set frequency (for example, once every
15 minutes) but records all values that meet set criteria for variation
from previously recorded values.
(i) The requested system shall be designed to perform the following
functions:
(A) Measure the operating parameter value at least once every 15
minutes;
(B) Record at least four values each hour during periods of
operation;
(C) Record the date and time when monitors are turned off or on;
(D) Recognize unchanging data that may indicate the monitor is not
functioning properly, alert the operator, and record the incident; and
(E) Compute daily average values of the monitored operating
parameter
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based on recorded data. If the daily average is not an excursion as
defined in Sec. 65.161(e)(2)(iv), the data for that operating day may be
converted to hourly average values, and the four or more individual
records for each hour in the operating day may be discarded.
(ii) The request shall contain a description of the monitoring
system and data compression recording system, including the criteria
used to determine which monitored values are recorded and retained, the
method for calculating averages, and a demonstration that the system
meets all criteria in paragraph (d)(4)(i) of this section.
(5) An owner or operator may request approval to use other
alternative monitoring and recordkeeping systems as specified in
Sec. 65.7(b). The application shall contain a description of the
proposed alternative system. In addition, the application shall include
information justifying the owner or operator's request for an
alternative monitoring method, such as the technical or economic
infeasibility, or the impracticality, of the regulated source using the
required method.
(e) Monitoring a different parameter than those listed. The owner or
operator who has been directed by Sec. 65.154(c)(2) or Sec. 65.155(c)(1)
to set monitoring parameters, or who requests as allowed by
Sec. 65.156(e) approval to monitor a different parameter than those
listed in Secs. 65.148(c), 65.149(c), 65.150(c), 65.151(c), 65.152(c),
65.153(c), 65.154(c), 65.160, or paragraph (b) or (c) of this section,
shall submit the following information with the operating permit
application or as otherwise specified by the permitting authority:
(1) A description of the parameter(s) to be monitored to ensure the
process, control technology, or pollution prevention measure is operated
in conformance with its design and achieves the specified emission
limit, percent reduction, or nominal efficiency, and an explanation of
the criteria used to select the parameter(s).
(2) A description of the methods and procedures that will be used to
demonstrate that the parameter indicates proper operation of the control
device, the schedule for this demonstration, and a statement that the
owner or operator will establish a range for the monitored parameter as
part of the Initial Compliance Status Report required in Sec. 65.5(d)
unless this information has already been included in the operating
permit application or previously established under a referencing
subpart.
(3) The frequency and content of monitoring, recording, and
reporting if monitoring and recording is not continuous, or if reports
of daily average values when the monitored parameter value is outside
the range established in the operating permit or Initial Compliance
Status Report will not be included in Periodic Reports as specified in
Sec. 65.166(e). The rationale for the proposed monitoring, recording,
and reporting system shall be included.
Sec. 65.163 Other records.
(a) Closed vent system records. For closed vent systems, the owner
or operator shall record the following information, as applicable:
(1) For each closed vent system that contains bypass lines that
could divert a vent stream away from the control device and to the
atmosphere, the owner or operator shall keep a record of the information
specified in either paragraph (a)(1)(i) or (ii) of this section, as
applicable. The information shall be reported as specified in
Sec. 65.166(b).
(i) Hourly records of whether the flow indicator specified under
Sec. 65.143(a)(3)(i) was operating and whether a diversion was detected
at any time during the hour, as well as records of the times of all
periods when the vent stream is diverted from the control device or the
flow indicator is not operating.
(ii) Where a seal mechanism is used to comply with
Sec. 65.143(a)(3)(ii), hourly records of flow are not required. In such
cases, the owner or operator shall record that the monthly visual
inspection of the seals or closure mechanisms has been done and shall
record the occurrence of all periods when the seal mechanism is broken,
the bypass line valve position has changed, or the key for a lock-and-
key type lock has been checked out, and records of any car-seal that has
been broken.
(2) For closed vent systems collecting regulated material from a
storage vessel, transfer rack, or equipment leak, the owner or operator
shall record the
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identification of all parts of the closed vent system that are
designated as unsafe or difficult-to-inspect pursuant to
Sec. 65.143(b)(2) or (3), an explanation of why the equipment is unsafe
or difficult-to-inspect, and the plan for inspecting the equipment as
required by Sec. 65.143(b)(2)(ii) or (b)(3)(ii).
(3) For a closed vent system collecting regulated material from a
storage vessel, transfer rack, or equipment leaks, when a leak is
detected as specified in Sec. 65.143(d)(1), the information specified in
paragraphs (a)(3)(i) through (vi) of this section shall be recorded. The
data shall be reported as specified in Sec. 65.166(b)(1).
(i) The instrument and the equipment identification number and the
operator name, initials, or identification number.
(ii) The date the leak was detected and the date of the first
attempt to repair the leak.
(iii) The date of successful repair of the leak.
(iv) The maximum instrument reading measured by the procedures in
Sec. 65.143(c) after the leak is successfully repaired or determined to
be nonrepairable.
(v) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak. The owner
or operator may develop a written procedure that identifies the
conditions that justify a delay of repair. In such cases, reasons for
delay of repair may be documented by citing the relevant sections of the
written procedure.
(vi) Copies of the periodic reports if records are not maintained on
a computerized database capable of generating summary reports from the
records.
(4) For each instrumental or visual inspection conducted in
accordance with Sec. 65.143(b)(1) for closed vent systems collecting
regulated material from a storage vessel, transfer rack, or equipment
leaks during which no leaks are detected, the owner or operator shall
record that the inspection was performed, the date of the inspection,
and a statement that no leaks were detected.
(5) For instrument response factor criteria determinations performed
pursuant to Sec. 65.143(c)(1)(ii), the owner or operator shall maintain
a record of an engineering assessment that identifies the representative
composition of the process fluid. This assessment shall be based on
knowledge of the compounds present in the process, similarity of
response factors for the materials present, the range of compositions
encountered during monitoring, or other information available to the
owner or operator.
(b) Storage vessel and transfer rack records. For storage vessels,
an owner or operator shall keep readily accessible records of the
information specified in paragraphs (b)(1) through (3) of this section,
as applicable. For low-throughput transfer racks, an owner or operator
shall keep readily accessible records of the information specified in
paragraph (b)(1) of this section.
(1) A record of the measured values of the parameters monitored in
accordance with Sec. 65.145(c)(2) and report in the periodic report as
specified in Sec. 65.166(e), if applicable.
(2) A record of the planned routine maintenance performed on the
control system during which the control system does not meet the
applicable specifications of Secs. 65.143(a), 65.145(a), or 65.147(a),
as applicable, due to the planned routine maintenance. Such a record
shall include the information specified in paragraphs (b)(2)(i) through
(iii) of this section. This information shall be submitted in the
periodic reports as specified in Sec. 65.166(d)(1).
(i) The first time of day and date the requirements of
Secs. 65.143(a), 65.145(a), or 65.147(a), as applicable, were not met at
the beginning of the planned routine maintenance.
(ii) The first time of day and date the requirements of
Secs. 65.143(a), 65.145(a), or 65.147(a), as applicable, were met at the
conclusion of the planned routine maintenance.
(iii) A description of the type of maintenance performed.
(3) Bypass records for storage vessel emissions routed to a process
or fuel gas system. An owner or operator who uses the bypass provisions
of Sec. 65.144(a)(2) shall keep in a readily accessible location the
following records:
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(i) The reason it was necessary to bypass the process equipment or
fuel gas system;
(ii) The duration of the period when the process equipment or fuel
gas system was bypassed;
(iii) Documentation or certification of compliance with the
applicable provisions of Sec. 65.42(b)(6).
(c) Regulated source and control equipment startup, shutdown and
malfunction records. (1) Records of the occurrence and duration of each
startup, shutdown, and malfunction of process equipment or of air
pollution control equipment used to comply with this part during which
excess emissions (as defined in Sec. 65.3(a)(4)) occur.
(2) For each startup, shutdown, and malfunction during which excess
emissions occur, records whether the procedures specified in the
source's startup, shutdown, and malfunction plan were followed, and
documentation of actions taken that are not consistent with the plan.
For example, if a startup, shutdown, and malfunction plan includes
procedures for routing control device emissions to a backup control
device (for example, the incinerator for a halogenated stream could be
routed to a flare during periods when the primary control device is out
of service), records must be kept of whether the plan was followed.
These records may take the form of a checklist or other form of
recordkeeping that confirms conformance with the startup, shutdown, and
malfunction plan for the event.
(3) Records of startup, shutdown, and malfunction and continuous
monitoring system calibration and maintenance are not required if they
pertain solely to Group 2A process vents.
(d) Equipment leak records. The owner or operator shall maintain
records of the information specified in paragraphs (d)(1) and (2) of
this section for closed vent systems and control devices subject to the
provisions of subpart F of this part. The owner or operator shall meet
the record retention requirements of Sec. 65.4, except the records
specified in paragraph (d)(1) of this section shall be kept as long as
the equipment is in operation.
(1) The following design specifications and performance
demonstrations:
(i) Detailed schematics, design specifications of the control
device, and piping and instrumentation diagrams.
(ii) The dates and descriptions of any changes in the design
specifications.
(iii) A description of the parameter or parameters monitored as
required in Sec. 65.146(c) to ensure that control devices are operated
and maintained in conformance with their design, and an explanation of
why that parameter (or parameters) was selected for the monitoring.
(2) The following records of operation of closed vent systems and
control devices:
(i) Dates and durations when the closed vent systems and control
devices required in Sec. 65.115(b) are not operated as designed as
indicated by the monitored parameters, including periods when a flare
flame or at least one pilot flame is not present.
(ii) Dates and durations during which the monitoring system or
monitoring device is inoperative.
(iii) Dates and durations of startups and shutdowns of control
devices required in Sec. 65.115(b).
(e) Records of monitored parameters outside of range. The owner or
operator shall record the occurrences and the cause of periods when the
monitored parameters are outside of the parameter ranges documented in
the Initial Compliance Status Report in accordance with Sec. 65.165(b).
This information shall be reported in the periodic report as specified
in Sec. 65.166(e).
Sec. 65.164 Performance test and flare compliance determination notifications and reports.
(a) Performance test and flare compliance determination reports.
Performance test reports and flare compliance determination reports
shall be submitted as specified in paragraphs (a)(1) through (3) of this
section.
(1) For performance tests or flare compliance determinations, the
Initial Compliance Status Report or report required by paragraph (b)(2)
of this section shall include one complete test report as specified in
paragraph (a)(2) of this section for each test method used for a
particular kind of emission point, and other applicable information
specified in paragraph (a)(3) of this section.
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For additional tests performed for the same kind of emission point using
the same method, the results and any other information required in
applicable sections of this subpart or in other subparts of this part
shall be submitted, but a complete test report is not required.
(2) A complete test report shall include a brief process
description, sampling site description, description of sampling and
analysis procedures and any modifications to standard procedures,
quality assurance procedures, record of operating conditions during the
test, record of preparation of standards, record of calibrations, raw
data sheets for field sampling, raw data sheets for field and laboratory
analyses, documentation of calculations, and any other information
required by the test method.
(3) The performance test or flare compliance determination report
shall also include the following information, as applicable:
(i) For flare compliance determinations, the owner or operator shall
submit the records specified in Sec. 65.159(b).
(ii) For nonflare combustion device and halogen reduction device
performance tests as required under Secs. 65.148(b), 65.149(b),
65.150(b), 65.151(b), 65.152(b), 65.154(b), or 65.155(b), the owner or
operator shall submit the applicable records specified in
Sec. 65.160(b).
(iii) For Group 2A process vents, the owner or operator shall submit
the records specified in Sec. 65.160(c), as applicable.
(b) Other notifications and reports. (1) The owner or operator shall
notify the Administrator of the intention to conduct a performance test
at least 30 calendar days before the performance test is scheduled to
allow the Administrator the opportunity to have an observer present. If
after 30 days notice for an initially scheduled performance test, there
is a delay (due to operational problems, etc.) in conducting the
scheduled performance test, the owner or operator of an affected
facility shall notify the Administrator as soon as possible of any delay
in the original test date. The owner or operator shall provide at least
7 days prior notice of the rescheduled date of the performance test or
arrange a rescheduled date with the Administrator by mutual agreement.
(2) Unless specified differently in this subpart or another subpart
of this part, performance test and flare compliance determination
reports not submitted as part of an Initial Compliance Status Report
shall be submitted to the Administrator within 60 days of completing the
test or determination.
(3) Any application for a waiver of an initial performance test or
flare compliance determination as allowed by Sec. 65.157(b)(2), shall be
submitted no later than 90 calendar days before the performance test or
flare compliance determination is required. The application for a waiver
shall include information justifying the owner or operator's request for
a waiver, such as the technical or economic infeasibility, or the
impracticality, of the source performing the test.
Sec. 65.165 Initial Compliance Status Reports.
(a) An owner or operator who elects to comply with Sec. 65.144 by
routing emissions from a storage vessel or transfer rack to a process or
to a fuel gas system shall submit as part of the Initial Compliance
Status Report the following information, as applicable:
(1) If storage vessel emissions are routed to a process, the owner
or operator shall submit the information specified in Sec. 65.144(b)(3).
(2) As specified in Sec. 65.144(c), if storage vessel emissions are
routed to a fuel gas system, the owner or operator shall submit a
statement that the emission stream is connected to a fuel gas system.
(3) As specified in Sec. 65.144(c), report that the transfer rack
emission stream is being routed to a fuel gas system or process when
complying with the requirements of Sec. 65.83(a)(4).
(b) An owner or operator who elects to comply with Sec. 65.145 by
routing emissions from a storage vessel or low-throughput transfer rack
to a nonflare control device or halogen reduction device shall submit
with the Initial Compliance Status Report required by Sec. 65.5(d) the
applicable information specified in paragraphs (b)(1) through (6) of
this section. Owners and operators who elect to comply with
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Sec. 65.145(b)(1)(i) or (b)(3)(i) by submitting a design evaluation
shall submit the information specified in paragraphs (b)(1) through (4)
of this section. Owners and operators who elect to comply with
Sec. 65.145(b)(1)(ii) or (b)(3)(ii) by submitting performance test
results shall submit the information specified in paragraphs (b)(1),
(2), (4), and (5) of this section. Owners and operators who elect to
comply with Sec. 65.145(b)(1)(iii) or (b)(3)(iii) by submitting
performance test results for a shared control device or halogen
reduction device shall submit the information specified in paragraph
(b)(6) of this section.
(1) A description of the parameter or parameters to be monitored to
ensure that the control device or halogen reduction device is being
properly operated and maintained, an explanation of the criteria used
for selection of that parameter (or parameters), and the frequency with
which monitoring will be performed (for example, when the liquid level
in the storage vessel is being raised). If continuous records are
specified, indicate whether the provisions of Sec. 65.166(f) apply.
(2) The operating range for each monitoring parameter identified in
the monitoring plan required by Sec. 65.145(c)(1). The specified
operating range shall represent the conditions for which the control
device or halogen reduction device is being properly operated and
maintained.
(3) The documentation specified in Sec. 65.145(b)(1)(i), if the
owner or operator elects to prepare a design evaluation; and the
documentation specified in Sec. 65.145(b)(3)(i), if the owner or
operator elects to prepare a design evaluation for a halogen reduction
device.
(4) The provisions of Sec. 65.166(f) do not apply to any low-
throughput transfer rack for which the owner or operator has elected to
comply with Sec. 65.145 or to any storage vessel for which the owner or
operator is not required to keep continuous records, as specified by the
applicable monitoring plan established under Sec. 65.145(c)(1) and (2).
If continuous records are required, the owner or operator shall specify
in the monitoring plan whether the provisions of Sec. 65.166(f) apply.
(5) A summary of the results of the performance test described in
Sec. 65.145(b)(1)(ii), (1)(iii), (3)(ii), and/or (3)(iii), as
applicable. If a performance test is conducted as provided in
Sec. 65.145(b)(1)(ii) and/or (b)(3)(ii), submit the results of the
performance test, including the information specified in
Sec. 65.164(a)(1) and (2).
(6) Identification of the storage vessel or low-throughput transfer
rack and control device and/or halogen reduction device for which the
performance test will be submitted, and identification of the emission
point(s), if any, that share the control device and/or halogen reduction
device with the storage vessel or low-throughput transfer rack and for
which the performance test will be conducted.
(c) The owner or operator shall submit as part of the Initial
Compliance Status Report the operating range for each monitoring
parameter identified for each control, recovery, or halogen reduction
device as determined in Secs. 65.148(c)(2), 65.149(c)(2), 65.150(c)(2),
65.151(c)(2), 65.152(c)(2), 65.153(c)(5), 65.154(c)(3), and
65.155(c)(2). The specified operating range shall represent the
conditions for which the control, recovery, or halogen reduction device
is being properly operated and maintained. This report shall include the
information in paragraphs (c)(1) through (3) of this section, as
applicable, unless the range and the operating day definition have been
established in the operating permit:
(1) The specific range of the monitored parameter(s) for each
emission point.
(2) The rationale for the specific range for each parameter for each
emission point, including any data and calculations used to develop the
range and a description of why the range indicates proper operation of
the control, recovery, or halogen reduction device, as specified in the
following, as applicable:
(i) If a performance test or TRE index value determination is
required by this subpart or another subpart of this part for a control,
recovery or halogen removal device, the range shall be based on the
parameter values measured during the TRE index value determination or
performance test and may be supplemented by engineering assessments
[[Page 136]]
and/or manufacturer's recommendations. The TRE index value
determinations and performance testing is not required to be conducted
over the entire range of permitted parameter values.
(ii) If a performance test or TRE index value determination is not
required by this subpart or other subparts of this part for a control,
recovery, or halogen reduction device, the range may be based solely on
engineering assessments and/or manufacturer's recommendations.
(iii) The range may be based on ranges or limits previously
established under a referencing subpart.
(3) A definition of the source's operating day for purposes of
determining daily average values of monitored parameters. The definition
shall specify the times at which an operating day begins and ends.
(d) Halogen reduction device. The owner or operator shall submit as
part of the Initial Compliance Status Report the information recorded
pursuant to Sec. 65.160(d).
(e) Alternative recordkeeping. The owner or operator shall notify
the Administrator in the Initial Compliance Status Report if the
alternative recordkeeping provisions of Sec. 65.161(e)(1) are being
implemented. If the Initial Compliance Status Report has been submitted,
the notification must be in the periodic report submitted immediately
preceding implementation of the alternative, as provided in
Sec. 65.166(f)(4).
(f) Exemptions from performance tests and design evaluation. The
owner or operator shall identify in the Initial Compliance Status Report
whether an exemption from performance testing or conducting a design
evaluation, as provided in Secs. 65.145(b)(2), 65.148(b)(2), or
65.149(b)(2), is being invoked, and which of the provisions of
Secs. 65.145(b)(2), 65.148(b)(2), or 65.149(b)(2) apply.
Sec. 65.166 Periodic reports.
(a) Periodic reports shall include the reporting period dates, the
total source operating time for the reporting period, and, as
applicable, all information specified in this section and in other
subparts of this part, including reports of periods when monitored
parameters are outside their established ranges.
(b) For closed vent systems subject to the requirements of
Sec. 65.143, the owner or operator shall submit as part of the periodic
report the following information, as applicable:
(1) The information recorded in Sec. 65.163(a)(3)(ii) through (v);
(2) Reports of the times of all periods recorded under
Sec. 65.163(a)(1)(i) when the vent stream is diverted from the control
device through a bypass line; and
(3) Reports of all times recorded under Sec. 65.163(a)(1)(ii) when
maintenance is performed on car-sealed valves, when the seal is broken,
when the bypass line valve position is changed, or the key for a lock-
and-key type configuration has been checked out.
(c) For flares subject to this subpart, report all periods when all
pilot flames were absent or the flare flame was absent as recorded in
Sec. 65.159(d)(1).
(d) For storage vessels, the owner or operator shall include in each
periodic report required the following information:
(1) For the 6-month period covered by the periodic report, the
information recorded in Sec. 65.163(b)(2)(i) through (iii).
(2) For the time period covered by the periodic report and the
previous periodic report, the total number of hours that the control
system did not meet the requirements of Secs. 65.143(a), 65.145(a), or
65.147(a) due to planned routine maintenance.
(3) A description of the planned routine maintenance that is
anticipated to be performed for the control system during the next 6-
month periodic reporting period when the control system is not expected
to meet the required control efficiency. This description shall include
the type of maintenance necessary, planned frequency of maintenance, and
expected lengths of maintenance periods.
(e) If a nonflare control device, including a halogen reduction
device for a low-throughput transfer rack, is used to control emissions
from storage vessels or low-throughput transfer racks, the periodic
report shall identify and state the cause for each occurrence when the
monitored parameters were
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outside of the parameter ranges documented in the Initial Compliance
Status Report in accordance with Sec. 65.165(b).
(f) For process vents and high-throughput transfer racks, periodic
reports shall include the following information:
(1) Periodic reports shall include the daily average values of
monitored parameters, calculated as specified in Sec. 65.161(c)(1) for
any days when the daily average value is outside the bounds as specified
in Sec. 65.162(b)(3) or (c)(3), or the data availability requirements
defined in Sec. 65.156(d)(1) are not met, whether these excursions are
excused or unexcused excursions. For excursions caused by lack of
monitoring data, the duration of periods when monitoring data were not
collected shall be specified.
(2) Report all carbon-bed regeneration cycles during which the
parameters recorded under Sec. 65.162(c)(2) were outside the ranges
established in the Initial Compliance Status Report or in the operating
permit.
(3) The provisions of paragraphs (f)(1) and (2) of this section do
not apply to any low-throughput transfer rack for which the owner or
operator has elected to comply with Sec. 65.145, or to any storage
vessel for which the owner or operator is not required by the applicable
monitoring plan established under Sec. 65.165(c)(1) and (2) to keep
continuous records. If continuous records are required, the owner or
operator shall specify in the monitoring plan whether the provisions of
paragraphs (f)(1) and (2) of this section apply.
(4) If the owner or operator has chosen to use the alternative
recordkeeping provisions of Sec. 65.161(e)(1) and has not notified the
Administrator in the Initial Compliance Status Report that the
alternative recordkeeping provisions are being implemented as provided
in Sec. 65.165(e), the owner or operator shall notify the Administrator
in the periodic report submitted immediately before implementation of
the alternative.
Sec. 65.167 Other reports.
(a) Replacing an existing control or recovery device. As specified
in Secs. 65.147(b)(2), 65.148(b)(3), 65.149(b)(3), 65.150(b)(2),
65.151(b)(2), 65.152(b)(2), or 65.153(b)(2), if an owner or operator at
a facility not required to obtain a title V permit elects at a later
date to use a different control or recovery device, then the
Administrator shall be notified by the owner or operator before
implementing the change. This notification may be included in the
facility's periodic reporting and shall include a description of any
changes made to the closed vent system.
(b) Startup, shutdown, and malfunction periodic reports. Startup,
shutdown, and malfunction periodic reports shall be submitted as
required in Sec. 65.6(c).
Secs. 65.168-65.169 [Reserved]
PART 66--ASSESSMENT AND COLLECTION OF NONCOMPLIANCE PENALTIES BY EPA--Table of Contents
Subpart A--Purpose and Scope
Sec.
66.1 Applicability and effective date.
66.2 Program description.
66.3 Definitions.
66.4 Limitation on review of regulations.
66.5 Savings clause.
66.6 Effect of litigation; time limits.
Subpart B--Notice of Noncompliance
66.11 Issuance of notices of noncompliance.
66.12 Content of notices of noncompliance.
66.13 Duties of source owner or operator upon receipt of a notice of
noncompliance.
Subpart C--Calculation of Noncompliance Penalties
66.21 How to calculate the penalty.
66.22 Contracting out penalty calculation.
66.23 Interim recalculation of penalty.
Subpart D--Exemption Requests; Revocation of Exemptions
66.31 Exemptions based on an order, extension or suspension.
66.32 De Minimis exemptions.
66.33 De Minimis exemptions: malfunctions.
66.34 Termination of exemptions.
66.35 Revocation of exemptions.
Subpart E--Decisions on Exemption Requests and Challenges to Notices of
Noncompliance
66.41 Decision on petitions.
66.42 Procedure for hearings.
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66.43 Final decision; submission of penalty calculation.
Subpart F--Review of Penalty Calculation
66.51 Action upon receipt of penalty calculation.
66.52 Petitions for reconsideration of calculation.
66.53 Decisions on petitions.
66.54 Procedures for hearing.
Subpart G--Payment
66.61 Duty to pay.
66.62 Method of payment.
66.63 Nonpayment penalty.
Subpart H--Compliance and Final Adjustment
66.71 Determination of compliance.
66.72 Additional payment or reimbursement.
66.73 Petition for reconsideration and procedure for hearing.
66.74 Payment or reimbursement.
Subpart I--Final Action
66.81 Final action.
Subpart J--Supplemental Rules for Formal Adjudicatory Hearings
66.91 Applicability of supplemental rules.
66.92 Commencement of hearings.
66.93 Time limits.
66.94 Presentation of evidence.
66.95 Decisions of Presiding Officer; appeal to the Administrator.
Appendix A to Part 66--Technical Support Document [Note]
Appendix B to Part 66--Instruction Manual [Note]
Appendix C to Part 66--Computer Program [Note]
Authority: Sec. 120, Clean Air Act, as amended, 42 U.S.C. 7420.
Source: 45 FR 50110, July 28, 1980, unless otherwise noted.
Subpart A--Purpose and Scope
Sec. 66.1 Applicability and effective date.
(a) This part applies to all proceedings for the assessment by EPA
of a noncompliance penalty as provided by section 120 of the Clean Air
Act. This penalty is designed to recover the economic advantage which
might otherwise accrue to a source by reason of its failure to comply
with air pollution control standards after receipt of a notice of
noncompliance.
(b) These regulations shall be effective October 27, 1980.
Sec. 66.2 Program description.
This part sets forth the procedures by which EPA will administer the
noncompliance penalty provisions of section 120 of the Clean Air Act.
Subpart A describes the scope of the part, defines key terms and states
the manner of operation of these provisions subpart B states which
sources of air pollution are subject to these penalties and the form and
substance of the notice of noncompliance. Subpart C and the accompanying
Technical Support Document and Manual state how a source must compute
the penalty which it owes. Subpart D describes the conditions under
which an exemption from the penalty may be available, and subpart E sets
forth the procedures for requesting such an exemption. Subpart F states
how EPA will review penalties calculated by sources under subpart C, and
subpart G describes the method of payment. Subpart H provides for
adjustment of the penalty after the source has come into compliance and
the actual costs of doing so are known. Finally, subpart I states which
actions under these regulations are subject to judicial review and on
what conditions, and subpart J provides supplemental procedures for
adjudicatory hearings.
Sec. 66.3 Definitions.
In this part and part 67:
(a) Act means the Clean Air Act, 42 U.S.C. 7401 et seq. as amended
on August 7, 1977, except where the context specifically indicates
otherwise.
(b) Affiliated entity means a person who directly, or indirectly
through one or more intermediaries, controls, is controlled by, or is
under common control with the owner or operator of a source.
(c) Applicable legal requirements means any of the following:
(1) In the case of any major source, any emission limitation,
emission standard, or compliance schedule under any EPA-approved State
implementation plan (regardless of whether the source is subject to a
Federal or State consent decree);
[[Page 139]]
(2) In the case of any source, an emission limitation, emission
standard, standard of performance, or other requirement (including, but
not limited to, work practice standards) established under section 111
or 112 of the Act;
(3) In the case of a source that is subject to a federal or
federally approved state judicial consent decree or EPA approved
extension, order, or suspension, any interim emission control
requirement or schedule of compliance under that consent decree,
extension, order or suspension;
(4) In the case of a nonferrous smelter which has received a primary
nonferrous smelter order issued or approved by EPA under Section 119 of
the Act, any interim emission control requirement (including a
requirement relating to the use of supplemental or intermittent
controls) or schedule of compliance under that order.
(d) Approved Section 120 program means a State program to assess and
collect Section 120 penalties that has been approved by the
Administrator.
(e) Computer program means the computer program used to calculate
noncompliance penalties under section 120 of the Clean Air Act. This
computer program appears as appendix C to these regulations.
(f) Control (including the terms controlling, controlled by, and
under common control with) means the power to direct or cause the
direction of the management and policies of a person or organization,
whether by the ownership of stock, voting rights, by contract, or
otherwise.
(g) Environmental Appeals Board shall mean the Board within the
Agency described in Sec. 1.25 of this title. The Administrator delegates
authority to the Environmental Appeals Board to issue final decisions in
appeals filed under this part. Appeals directed to the Administrator,
rather than to the Environmental Appeals Board, will not be considered.
This delegation of authority to the Environmental Appeals Board does not
preclude the Environmental Appeals Board from referring an appeal or a
motion filed under this part to the Administrator for decision when the
Environmental Appeals Board, in its discretion, deems it appropriate to
do so. When an appeal or motion is referred to the Administrator, all
parties shall be so notified and the rules in this part referring to the
Environmental Appeals Board shall be interpreted as referring to the
Administrator.
(h) Major stationary source means any stationary facility or source
of air pollutants which directly emits, or has the potential to emit,
one hundred tons per year or more of any air pollutant regulated by EPA
under the Clean Air Act.
(i) Manual means the Noncompliance Penalties Instruction Manual
which accompanies these regulations. This Manual appears as appendix B
to these regulations.
(j) Owner or operator means any person who owns, leases, operates or
supervises a facility, building, structure or installation which emits
or has the potential to emit any air pollutant regulated by EPA under
the Act.
(k) Potential to emit means the capability at maximum design
capacity to emit a pollutant after the application of air pollution
control equipment. Annual potential shall be based on the larger of the
maximum annual rated capacity of the stationary source assuming
continuous operation, or on a projection of actual annual emissions.
Enforceable permit conditions on the type of materials combusted or
processed may be used in determining the annual potential. Fugitive
emissions, to the extent quantifiable, will be considered in determining
annual potential for those stationary sources whose fugitive emissions
are regulated by the applicable state implementation plan.
(l) Source means any source of air pollution subject to applicable
legal requirements as defined in paragraph (c).
(m) Technical Support Document means the Noncompliance Penalties
Technical Support Document which accompanies these regulations. The
Technical Support Document appears as appendix A to these regulations.
All other terms are defined as they are in the Act.
[45 FR 50110, July 28, 1980, as amended at 57 FR 5328, Feb. 13, 1992]
[[Page 140]]
Sec. 66.4 Limitation on review of regulations.
No applicable legal requirement, which could have been reviewed or
challenged by means of the timely filing of an appropriate petition, no
provision of this part or part 67 or appendices A, B or C, may be
challenged, reviewed or re-examined in any hearing conducted under this
part or part 67. This limitation on review includes, but is not limited
to:
(a) Arguments that the statute is more or less restrictive than the
regulations, e.g., that exemptions other than those provided herein
should be granted.
(b) Arguments that the economic model does not accurately calculate
the economic benefits of noncompliance, or that parameters, terms and
conditions other than those provided for in the model should be used or
that evidence other than that described in the Technical Support
Document for establishing inputs should be considered.
Sec. 66.5 Savings clause.
Proceedings under these regulations for imposition of a penalty
under section 120 are in addition to any other proceedings related to
permits, orders, payments, sanctions or other requirements of State or
Federal law. No action under this part or part 67 shall affect in any
way any administrative, civil or criminal enforcement proceeding brought
under any provision of the Clean Air Act or State or local law.
Sec. 66.6 Effect of litigation; time limits.
(a) The existence of any litigation on the validity of these
regulations shall not affect the authority of the Agency to issue
notices of noncompliance or to conduct subsequent administrative
proceedings under parts 66 and 67.
(b) Failure of the Environmental Appeals Board or the Presiding
Officer at a hearing to meet any of the time limits contained in this
part 66 and part 67 of this chapter shall not affect the validity of any
proceeding under these regulations.
(c) The filing of any petition for reconsideration under this part
or part 67 or the institution of EPA review of a State determination
under part 67 shall not toll the accrual of noncompliance penalties. The
penalty will be calculated from the date on which the source owner or
operator receives a notice of noncompliance.
[45 FR 50110, July 28, 1980, as amended at 57 FR 5329, Feb. 13, 1992]
Subpart B--Notice of Noncompliance
Sec. 66.11 Issuance of notices of noncompliance.
(a) The Administrator shall issue a notice of noncompliance to the
owner or operator of any source which he determines is in violation of
applicable legal requirements and which is located in a State without an
approved section 120 program.
(b) The Administrator shall send a notice of noncompliance to the
owner or operator of any source located in a State with an approved
section 120 program when he determines as provided in part 67 that the
source is in violation of applicable legal requirements and the State
has failed to send a notice of noncompliance to it, or has failed to
pursue diligently any subsequent steps for the assessment or collection
of the penalty.
(c) Failure of EPA or a State to issue a notice of noncompliance
within 30 days after discovery of a violation shall not affect the
obligation of a source owner or operator to pay a noncompliance penalty
but shall affect the date from which the penalty is calculated. The
penalty shall be calculated from the earliest date that the owner or
operator of the source received a notice of noncompliance under this
section, whether issued by EPA or the State.
Sec. 66.12 Content of notices of noncompliance.
(a) Each notice of noncompliance shall be in writing and shall
include:
(1) A specific reference to each applicable legal requirement of
which the source is in violation;
(2) A brief statement of the factual basis for the finding of
violation, together with a reference to any supporting materials and a
statement of when and where they may be inspected;
[[Page 141]]
(3) Instructions on calculating the amount of the penalty owed and
the schedule for payments. Such instructions shall include (i) a
statement of the date from which penalties should be calculated and (ii)
a copy of the Technical Support Document and the Manual;
(4) Notice of the right to petition for a hearing to challenge the
finding of noncompliance or to claim an exemption; and
(5) Notice that the penalty continues to accrue during the pendency
of any hearings granted under this part or Part 67.
(b) Each notice of noncompliance shall be transmitted to the source
owner or operator either by personal service or by registered or
certified mail, return receipt requested.
Sec. 66.13 Duties of source owner or operator upon receipt of a notice of noncompliance.
(a) Within forty-five days after receiving a notice of noncompliance
a source owner or operator shall either:
(1) Calculate the amount of the penalty owed and the appropriate
quarterly payment schedule, as provided in the Technical Support
Document and Instruction Manual, and transmit that calculation, together
with supporting data sufficient to allow verification of the penalty
calculation, to the Administrator; or
(2) Submit a petition for reconsideration, alleging that the source
is not in violation of applicable legal requirements or that the source
owner or operator is entitled to an exemption pursuant to Secs. 66.31
through 66.33, or both. A source owner or operator must present both
grounds in the petition if he wishes to preserve a claim to an exemption
in the event that the source is found to be in violation. Issues
relating to the existence of a violation or entitlement to an exemption
not raised in the petition shall be deemed waived.
(b) Any submittal pursuant to this subsection shall specify the
identity of the person responsible for the payment of any noncompliance
penalty, and to whom any reimbursement, if necessary, shall be sent.
(c) A source owner or operator may amend any petition for
reconsideration pursuant to paragraph (a) of this section within 45 days
from receipt of a notice of noncompliance. Amendment of such petition
after 45 days will be permitted only if based on unforeseeable
conditions occurring after termination of the 45 day period, or upon
consent of the Administrator.
Subpart C--Calculation of Noncompliance Penalties
Sec. 66.21 How to calculate the penalty.
(a) All noncompliance penalties shall be calculated in accordance
with the Technical Support Document and the Manual.
(b) Where the Administrator determines that no existing technology
or other emissions control method results in emission levels which
satisfy the applicable legal requirement, the penalty calculation shall
be based on the cost of the capital equipment, operation and maintenance
practices, or other methods of control which best approximates the
degree of control required. In such a case, the Administrator may
include in the penalty the costs of participation in an EPA approved
research and development program where he determines that such
participation would be appropriate. Information on appropriate research
and development programs will be available from the regional offices or
from the Office of Research and Development.
Sec. 66.22 Contracting out penalty calculation.
Upon the failure of a source owner or operator, who does not submit
a petition for reconsideration as provided in Sec. 66.13(a)(2), to
submit the information described in Sec. 66.13(a)(1) within 45 days of
receipt of a notice of noncompliance, or upon submission of incorrect
information as determined pursuant to Sec. 66.51, the Administrator may
enter into a contract with any qualified person who is not an affiliated
entity and who has no financial interest in the owner or operator of the
source to assist in determining the amount of the penalty assessment or
payment schedule with respect to such source owner or operator. The cost
of this contract may be added to the penalty to be assessed against the
owner or operator of
[[Page 142]]
the source. The data used in calculating the penalty shall be furnished
to the source owner or operator at the time that the penalty calculation
is reported.
Sec. 66.23 Interim recalculation of penalty.
(a) The Administrator, upon concluding that a previously approved
penalty calculation no longer is accurate, may:
(1) Request, in writing, that the source owner or operator submit a
revised calculation in the form specified in Sec. 66.13(a). The
Administrator shall respond to any information submitted in accordance
with the provisions of Sec. 66.51.
(2) Notify the source owner or operator, in writing, that the
penalty has been recalculated based upon information in the
Administrator's possession. The source owner or operator shall respond
as provided in Sec. 66.52.
(b) If a source owner or operator believes that, because of changed
circumstances, a penalty calculation which has been accepted by EPA no
longer is accurate, he may submit a revised penalty calculation and
schedule to the Administrator. The revised calculation shall be in the
form specified in Sec. 66.13(a)(1). The Administrator shall respond in
accordance with the provisions of Sec. 66.51. The decision to accept the
interim calculation or to grant a hearing on this issue shall be solely
within the discretion of the Administrator.
Subpart D--Exemption Requests; Revocation of Exemptions
Sec. 66.31 Exemptions based on an order, extension or suspension.
(a) A source owner or operator who would otherwise be subject to a
noncompliance penalty will be exempted from that penalty during the
period for which, and upon a demonstration that, its noncompliance with
applicable legal requirements is or was due solely to;
(1) A conversion by such source from the burning of petroleum
products or natural gas, or both, as the permanent primary energy source
to the burning of coal pursuant to an order under section 113(d)(5) or
section 119 of the Act as in effect before August 7, 1977.
(2) In the case of a coal-burning source, the issuance of a
prohibition to that source against burning petroleum products or natural
gas, or both, by means of an order under sections 2(a) and (b) of the
Energy Supply and Environmental Coordination Act of 1974, the Powerplant
and Industrial Fuel Use Act, or under any legislation which amends or
supersedes these provisions, Provided, That the source had received an
extension under the second sentence of section 119(c)(1) of the Act as
in effect before August 7, 1977.
(3) The use of innovative technology by the source owner or operator
pursuant to an enforcement order under section 113(d)(4) of the Act.
(4) An inability to comply with an applicable legal requirement
resulting from reasons entirely beyond the control of the owner or
operator of such source or of any affiliated entity, Provided, That
(i) The source owner or operator has received an order under section
113(d) (or an order under section 113 issued before August 7, 1977) or a
federal or EPA-approved State judicial decree or order which has the
effect of permitting a delay in complying with the legal requirement at
issue, and
(ii) That the source owner or operator meets the requirements of
paragraphs (c) and (d) of this section.
(5) The existence of an energy or employment emergency demonstrated
by issuance of an order under section 110(f) or 110(g) of the Act,
unless such order is disapproved by EPA.
(b) To qualify for an exemption under this section, the source owner
or operator must have received the order, extension or suspension or
consent decree described in the paragraph of the section pursuant to
which the exemption is claimed. No exemption may be sought which, if
granted, would exceed the terms of the relevant extension, order,
suspension, or consent decree, except as provided in paragraph (e) of
this section. No exemption may be sought which is based on a claim that
[[Page 143]]
the source owner or operator is entitled to any such order, extension,
suspension, or consent decree even though it has not been issued.
(c) In any exemption claim based on paragraph (a)(4) of this
section, the source owner or operator must demonstrate:
(1) That the source owner or operator or an affiliated entity in no
manner sought, caused, encouraged or contributed to the inability; and
(2) That the source owner or operator in no way unduly delayed
negotiation for needed equipment or fuel supply or made unusual demands
not typical in its industry, or placed unusual restrictions on the
supplier, or delayed in any other manner the delivery of goods or the
completion of the necessary construction.
(d)(1) No exemption will be granted pursuant to paragraph (a)(4) of
this section unless the owner or operator of the source demonstrates
that, with respect to a situation described in paragraph (c), all
reasonable steps were taken to prevent the situation causing the
inability to comply, that procuring the needed pollution control
equipment or fuel supply was given and continues to be given the highest
possible priority in the planning and budgeting process of the owner or
operator of the source, and that alternative sources of equipment and
fuel have been explored without success.
(2) Any exemption granted under paragraph (a)(4) of this section
shall cease to be effective when the inability to comply ceases to be
entirely beyond the control of the source owner or operator as defined
in this section.
(e) Except in the case of exemptions based on orders under section
113 (d)(4) or (d)(5) or suspensions under section 110(g), the
Administrator may grant an exemption with retroactive effect to the date
of the event giving rise to the section 120 predicate order, extension,
suspension, or consent decree. In such cases, the exemption from the
noncompliance penalty shall run from the date that the basis for the
exemption first occurred.
[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]
Sec. 66.32 De Minimis exemptions.
(a) The Administrator may, upon notice and opportunity for public
hearing, exempt the owner or operator of any source from a penalty where
he finds that a particular instance of noncompliance was de minimis in
nature and duration.
(b) A petition for an exemption on the ground that the violation
described in a notice of noncompliance was de minimis in nature and
duration may only raise issues related to entitlement to an exemption
and shall contain or be accompanied by supporting documentation. Issues
relating to entitlement to a de minimis exemption not raised in the
petition shall be deemed waived.
(c) In ruling upon such a petition, the Administrator shall
consider:
(1) The magnitude of the excess emissions and whether the source's
noncompliance is recurring or persistent;
(2) The steps the source owner or operator is taking to eliminate
the cause of the excess emissions and to minimize such emissions;
(3) Whether any significant economic savings are likely to accrue to
the owner or operator of the source as a result of the noncompliance;
(4) The character of the emissions, and their impact on ambient air
quality; and
(5) The duration of the violation.
(d) A hearing on a petition for a de minimis exemption shall be
informal. The hearing shall be scheduled upon notice to the public.
Reasonable opportunity to testify and for submission of questions by the
public to the petitioner shall be afforded. The decision of the hearing
officer will be made in writing within a reasonable period of time after
the close of the hearing.
Sec. 66.33 De Minimis exemptions: malfunctions.
(a) The Administrator may, upon notice and opportunity for a public
hearing, exempt the owner or operator of a source if he finds with
respect to a particular instance of noncompliance, that such
noncompliance was de minimis in nature and duration, and was caused
solely by a sudden and unavoidable breakdown of process or pollution
control equipment.
[[Page 144]]
(b) A petition for an exemption on the ground that the violation was
de minimis and was caused by a sudden and unavoidable breakdown of
process or pollution control equipment may only raise issues related to
entitlement to an exemption and shall contain or be accompanied by
supporting documentation. Issues relating to entitlement to an exemption
that are not raised in the petition shall be deemed waived. In making
such finding the Administrator shall consider whether:
(1) The violation was de minimis in nature and duration within the
meaning of Sec. 66.32;
(2) The air pollution control equipment, process equipment, or
processes, including appropriate back-up systems, were designed, and
have been maintained and operated in a manner consistent with good
practice for minimizing emissions;
(3) Repair of the malfunctioning equipment was undertaken and
carried out in an expeditious fashion as soon as the owner or operator
knew or should have known that the malfunction existed or that
applicable emission limitations were being violated or were likely to be
violated;
(4) All practicable steps were taken to minimize the impact of the
excess emissions (including any bypass) on ambient air quality;
(5) The excess emissions were not part of a pattern indicative of
inadequate design, operation, or maintenance;
(6) Off-shift and overtime labor were utilized where necessary to
ensure that repairs were made as expeditiously as possible or that
emissions were minimized to the maximum extent possible; and
(7) The level of economic savings, if any, accruing to the source
owner or operator was de minimis.
(c) Any activity that could have been foreseen, avoided or planned
for, or any breakdown that could have been avoided by the exercise of
reasonable diligence shall not constitute grounds for an exemption under
this section. Such activities include, but are not limited to, sudden
breakdowns avoidable by better maintenance procedures, phasing in and
out of process equipment and routine maintenance.
(d) A hearing on any petition for an exemption based upon the
unavoidable breakdown of pollution control equipment shall be informal.
The hearing shall be scheduled upon notice to the public. Reasonable
opportunity to testify and for submission of questions by the public to
the petitioner shall be afforded. The decision of the hearing officer
will be made in writing within a reasonable period of time after the
close of the hearing.
Sec. 66.34 Termination of exemptions.
(a) Exemptions pursuant to Sec. 66.31(a) (1), (2), (3), and (5) will
cease to be effective upon termination or revocation of the order on
which the exemption is based.
(b) Exemptions pursuant to Sec. 66.31(a)(4) will cease to be
effective when the order or decree is terminated or revoked, or the
inability to comply ceases to be for reasons entirely beyond the control
of the source owner or operator as defined in Sec. 66.31(c).
(c) Exemptions granted pursuant to Sec. 66.32 or Sec. 66.33 shall
terminate at the time specified in the exemption.
(d) The Administrator shall notify the source owner or operator, in
writing, that the exemption has terminated, and shall specify the date
from which the penalty shall be calculated. The notice shall be
transmitted as required by Sec. 66.12. The source owner or operator
shall respond to this notice within 45 days of its receipt and in the
form provided in Sec. 66.13.
Sec. 66.35 Revocation of exemptions.
(a) The Administrator may upon notice and opportunity for a hearing
revoke an exemption granted to the owner or operator of any source at
any time in accordance with paragraphs (b) and (c) below.
(b) An exemption may be revoked and a penalty for the period of non-
exempted noncompliance assessed if:
(1) The grounds for the exemption no longer exist or never did
exist, or
(2) In the case of an exemption under Sec. 66.31, the source owner
or operator has failed to comply with any interim emission control
requirements or schedules of compliance (including increments of
progress) contained in the
[[Page 145]]
extension, order, suspension or EPA-approved consent decree on which the
exemption was based.
(c) The Administrator shall provide the source owner or operator
written notice containing the information required by Sec. 66.12 and a
statement of the reasons for revocation. The notice shall also specify
the date from which the source owner or operator must calculate a
penalty. The notice shall be transmitted as required by Sec. 66.12. The
source owner or operator shall respond to this notice within 45 days of
its receipt and in the form provided in Sec. 66.13.
Subpart E--Decisions on Exemption Requests and Challenges to Notices of
Noncompliance
Sec. 66.41 Decision on petitions.
(a) Within thirty days after receiving a petition filed under
Sec. 66.13, the Administrator shall notify the source owner or operator
in writing that:
(1) The petition demonstrates that the source owner or operator is
entitled to part or all of the relief requested and that the notice of
noncompliance is withdrawn or modified accordingly;
(2) The petition does not contain sufficient information to
demonstrate that the source owner or operator is entitled to part or all
of the relief requested. The Administrator shall specify what
deficiencies exist and request that the source owner or operator
supplement his petition within thirty days of receipt of that request.
If the petition is not supplemented adequately within this time, or, if
supplemented adequately, still fails to demonstrate entitlement to
relief, the Administrator shall grant a hearing under paragraph (a)(3)
of this section. Any supplemental material provided pursuant to the
Administrator's request shall be evaluated as provided in paragraphs
(a)(1) and (a)(3) of this section.
(3) A hearing is granted on the issue of whether the source is in
violation of applicable legal requirements or is entitled to an
exemption under Secs. 66.31, 66.32, 66.33, or on both.
[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]
Sec. 66.42 Procedure for hearings.
(a) Except as provided in Secs. 66.32 and 66.33, hearings granted
under Sec. 66.41(a)(3) shall be held as provided in Subpart J.
(b) If hearings are granted pursuant to both Sec. 66.32 or
Sec. 66.33 and under Subpart J, a consolidated hearing in accordance
with Subpart J shall be held. At the consolidated hearing the issues
that would otherwise have been considered at a hearing under Sec. 66.32
or Sec. 66.33 shall be considered pursuant to the procedures for a
hearing provided in those sections.
(c) The Presiding Officer at a hearing granted under Sec. 66.41
shall issue an initial decision within 90 days after the Administrator
grants the hearing, unless the duration of the hearing or the deadline
for decision is extended by the Presiding Officer upon agreement of the
parties. Failure to issue a decision (whether or not by consent) within
90 days shall not affect the validity of the proceedings or the accrual
of penalties in any manner.
Sec. 66.43 Final decision; submission of penalty calculation.
Within forty-five days after EPA has notified the owner or operator
of a source of the final Agency decision that it is in violation of
applicable legal requirements or is not entitled to an exemption, the
owner or operator shall submit the information required by
Sec. 66.13(a), including appropriate compliance and payment schedules
and extra interest owed for the period of delay. The penalty shall be
calculated from the date of receipt of the original notice of
noncompliance.
Subpart F--Review of Penalty Calculation
Sec. 66.51 Action upon receipt of penalty calculation.
(a) Within thirty days after receipt of a penalty calculation
provided pursuant to Sec. 66.13(a)(1) or Sec. 66.43, the Administrator
shall notify the source owner or operator in writing, that:
(1) The penalty is provisionally accepted as calculated, subject to
any recalculation that may be necessary
[[Page 146]]
under Sec. 66.72 after the source has achieved compliance; or
(2) The penalty is incorrect and has been recalculated based on the
data provided by the source owner or operator, or other data. The
Administrator shall provide a brief statement of the basis for the
recalculation and shall identify when and where any supporting data may
be examined. The Administrator shall also notify the source owner or
operator of the right to petition for a hearing under Sec. 66.52; or
(3) The source owner or operator has not submitted any calculation,
or the information submitted is inadequate to enable EPA to verify the
owner or operator's penalty calculation. The Administrator shall specify
what deficiencies exist and request the source owner or operator to
supplement his submission within thirty days of receipt of that request.
If an inadequate supplemental submission is made within this time, EPA
may calculate the penalty itself or as provided in Sec. 66.22.
(b) Supplemental material provided pursuant to paragraph (a)(3) of
this section shall be evaluated as provided in paragraph (a).
Sec. 66.52 Petitions for reconsideration of calculation.
Within forty-five days after receipt of notice under
Sec. 66.51(a)(2) that the penalty has been recalculated by EPA, a source
owner or operator who wishes to challenge EPA's recalculation shall
petition in writing for reconsideration. A statement of all arguments on
which the owner or operator relies, including all necessary supporting
data and a substitute penalty calculation and payment schedule shall be
included in or accompany this petition. Issues not raised in the
petition shall be deemed waived.
Sec. 66.53 Decisions on petitions.
Within thirty days after receiving a petition for reconsideration
under Sec. 66.52 the Administrator shall:
(a) Accept the penalty calculation of the owner or operator to the
extent the Administrator concludes it is correct; or
(b) Grant a hearing to the extent he does not conclude that the
petition is correct.
[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]
Sec. 66.54 Procedures for hearing.
(a) Hearings granted under Sec. 66.53 shall be held as provided in
subpart J.
(b) The Presiding Officer at a hearing granted under Sec. 66.53
shall issue an initial decision within ninety days after the
Administrator grants the hearing, unless the duration of the hearing or
the deadline for decision is extended by the Presiding Officer upon
agreement of the parties. Failure to issue a decision (whether or not by
consent) within 90 days shall not affect the validity of the proceedings
or the accrual of penalties in any manner.
Subpart G--Payment
Sec. 66.61 Duty to pay.
(a) Except where the owner or operator has submitted a petition
pursuant to Sec. 66.13(a)(2), the first installment of the penalty shall
be paid on the date six months after receipt of the notice of
noncompliance.
(b) Where the source owner has filed a petition pursuant to
Sec. 66.13(a)(2), the first installment consisting of payment of
penalties for all quarters ``missed'' as well as for the upcoming
quarter shall be paid on the date six months after a final
administrative decision affirming the source owner or operator's
liability. Installments shall be paid quarterly thereafter until
compliance is achieved. Quarters shall be measured in increments of
three calendar months from the date the first payment is due.
(c) A source owner or operator who submits a petition pursuant to
Sec. 66.52 shall pay the penalty amount calculated by the owner or
operator under Sec. 66.13 or Sec. 66.43 or any penalty calculated by EPA
where the owner or operator has failed to calculate such penalty. Within
45 days after EPA has notified the owner or operator of a final
administrative action after hearings on such petition, the owner or
operator shall submit any necessary modification to the penalty. The
revised penalty will be calculated in accordance
[[Page 147]]
with the Technical Support Document and the Manual, and a revised
schedule, including appropriate adjustments for overpayments or
underpayments made, will be established.
Sec. 66.62 Method of payment.
Payments in excess of $10,000 under this part shall be made by wire
transfer payable to the U.S. Treasury. Payments under this part which
are less than $10,000 shall be made by cashier's or certified check made
payable to the United States Treasury, sent by registered mail, return
receipt requested, and addressed to the Administrator, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Payment by check is made on the due date if it is postmarked on or
before the due date. Payment by wire transfer is made on the due date if
the Treasury's account is credited on or before the due date.
Sec. 66.63 Nonpayment penalty.
(a) Any source owner or operator who fails to make timely payment
under Sec. 66.61 shall pay in addition to the penalty owed a quarterly
nonpayment penalty. The nonpayment penalty shall be calculated as of the
due date of the noncompliance penalty payment and shall be equal to 20
percent of the aggregate amount of the noncompliance penalties and
nonpayment penalties due and owing from the owner or operator on the due
date. Partial payments shall be credited first against the nonpayment
penalty, then against the noncompliance penalty.
(b) The Administrator shall notify the source owner or operator in
writing of the amount of any nonpayment penalty for which the owner or
operator is liable. Failure of the Administrator to provide such notice
immediately shall not affect the legal obligation of the source owner or
operator to pay such penalty. Such nonpayment penalty, as well as the
past due noncompliance penalty, shall be payable immediately.
Subpart H--Compliance and Final Adjustment
Sec. 66.71 Determination of compliance.
(a) An owner or operator of a source who is paying a noncompliance
penalty under this part shall notify the Administrator in writing when
he believes that the source has come into and is maintaining compliance
with all applicable legal requirements. The notice shall be accompanied
by any factual data, analytical materials, and legal arguments which the
source owner or operator believes support such claim.
(b) Within 30 days of receipt of a source owner's submittal, the
Administrator shall determine whether the source has achieved and is
maintaining compliance with applicable legal requirements, and shall
notify the source owner or operator of this determination in writing. If
the Administrator is unable to conclude, on the basis of the information
submitted, whether the source has achieved and is maintaining compliance
with applicable legal requirements, he shall inform the owner or
operator of any additional material that is needed. Within 30 days of
receipt of such additional material, the Administrator shall determine
whether the source has achieved and is maintaining compliance, and shall
notify the source owner or operator of this determination in writing.
(c) If the Administrator determines that the source has not achieved
or is not maintaining compliance with applicable legal requirements, the
source owner or operator may petition for reconsideration within 30 days
of receipt of the determination. The source owner or operator shall
include in this petition any necessary supporting material. Issues not
raised in the petition will be deemed waived. The procedures of
Sec. 66.41 shall be followed upon the receipt of such petition.
(d) In the event that the applicable legal requirement (as defined
in Sec. 66.3(c)) the violation of which forms the basis for the penalty
is superseded by another applicable legal requirement (as defined in
Sec. 66.3(c)) the owner
[[Page 148]]
or operator of a source liable for a noncompliance penalty under this
part shall notify the Administrator in writing that the owner or
operator believes that the applicable legal requirement is superseded
and that the period of noncompliance covered by the notice of
noncompliance is ended. The notice shall be accompanied by the legal
arguments which the source owner or operator believes support such a
claim. Within 30 days of receipt of a source owner or operator's notice,
the Administrator shall determine whether the period of covered
noncompliance is ended and shall notify the source owner or operator of
this determination in writing. In cases where the superseding EPA-
approved requirement was not approved by EPA within the time period
required by statute, the period of covered noncompliance shall be deemed
to have ended on the date when EPA under the statute should have acted.
[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985]
Sec. 66.72 Additional payment or reimbursement.
(a) Within 120 days after the source owner or operator receives
notification pursuant to Sec. 66.71(b) that it has achieved and is
maintaining compliance with applicable legal requirements, or within 120
days after receipt of a decision to that effect upon petition and
hearing, or within 120 days after receipt of a decision to that effect
upon an appeal to the Environmental Appeals Board, the source owner or
operator shall submit to the Administrator a revised penalty calculation
as provided in the Technical Support Document and the Manual, together
with data necessary for verification. The revised calculation shall
include interest on any underpayment.
(b) Within thirty days after receiving a revised penalty calculation
provided pursuant to paragraph (a) of this section, the Administrator
shall inform the source owner or operator in writing that:
(1) The revised penalty is correct as calculated;
(2) The revised penalty is incorrect and has been recalculated based
on the data provided by the source owner or operator or on other data.
The Administrator shall provide to the source owner or operator a brief
statement of the basis of the recalculation and shall identify when and
where any supporting data may be examined. The Administrator shall also
notify the source owner or operator of the right to petition for
reconsideration under Sec. 66.73; or
(3) The source owner or operator has not submitted any penalty
calculation, or has not submitted enough material to enable EPA to
verify the penalty calculation. The Administrator shall specify what
deficiencies exist and shall require the source owner or operator to
furnish the supplemental material within thirty days of receipt of the
notice. The supplemental material submitted will be evaluated in the
same manner as the original submittal.
(c) If a source owner or operator fails to submit or to complete a
revised penalty calculation when due under this section or the
calculation submitted is incorrect, the Administrator may recalculate
the penalty or may enter into a contract for independent calculation of
the penalty as provided in Sec. 66.22.
(d) Within 120 days after the source owner or operator receives
notification pursuant to Sec. 66.71(d) that the period of covered
noncompliance ended on the date the applicable legal requirement was
superseded (or, in event of EPA delay past an applicable statutory
deadline, on the date the applicable legal requirement would have been
superseded if there had been no delay past the statutory deadline), the
source owner or operator shall submit to the Administrator a revised
penalty calculation as provided in the Technical Support Document and
Manual together with data necessary for verification. The revised
calculation shall include interest on any underpayment. Paragraphs (b)
and (c) shall apply to calculations submitted under this paragraph.
[45 FR 50110, July 20, 1980 as amended at 50 FR 36734, Sept. 9, 1985; 57
FR 5329, Feb. 13, 1992]
Sec. 66.73 Petition for reconsideration and procedure for hearing.
Within forty-five days of receipt of a notice under Sec. 66.72(b)
(2) a source
[[Page 149]]
owner or operator may petition for reconsideration in the form and
manner provided in Sec. 66.52. The petition shall be evaluated as
provided in Sec. 66.53 and any hearing shall be held in conformity with
Sec. 66.54.
Sec. 66.74 Payment or reimbursement.
(a) Within thirty days after any adjustment of a noncompliance
penalty under this Subpart has become administratively final:
(1) Any deficiency owed by the source owner or operator shall be
paid as provided in Sec. 66.62.
(2) Any reimbursement shall be paid by check from the United States
payable to the order of the source owner or operator, and sent by
registered or certified mail, return receipt requested.
(b) Any payment under paragraph (a) of this section, shall include
interest on the amount of the deficiency or reimbursement due, from the
date the deficiency or reimbursement arose, at a rate determined by the
Secretary of the Treasury. Such payment shall be calculated in
accordance with the Technical Support Document and the Manual.
(c) Any source owner or operator who fails to make timely payment of
a deficiency shall pay a nonpayment penalty. The nonpayment penalty
shall be calculated as of the due date of the deficiency payment and
shall be equal to 20% of the deficiency not paid. Such nonpayment
penalty (in addition to the amount of the deficiency owed) shall be
payable immediately. If any part of the nonpayment penalty or deficiency
shall remain unpaid at the end of three calendar months from the due
date of the deficiency, a further nonpayment penalty shall be due equal
to 20% of the sum of all payments due and owing. Partial payments shall
be credited first against the nonpayment penalty, then the deficiency.
Subpart I--Final Action
Sec. 66.81 Final action.
(a) A final Agency action appealable to the courts by the source
owner or operator includes and is limited to the following, provided the
conditions of paragraph (b) of this section are met:
(1) A notice of determination that a source is in violation of
applicable legal requirements;
(2) A notice of decision to deny or revoke an exemption under
subpart D;
(3) A notice of revision by EPA of a penalty calculation or schedule
under subpart F;
(4) A notice of decision by EPA that the source is not in final
compliance or any revision by EPA of a final penalty calculation under
subpart H; and
(5) A notice of denial of a petition for reconsideration under
Sec. 66.71 or Sec. 66.73.
(6) A decision by the Administrator upon completion of any review of
a State action pursuant to part 67.
(b) The actions listed in paragraph (a) of this section constitute
final Agency action only if all administrative remedies have been
exhausted. To exhaust administrative remedies, a source owner or
operator must first petition for reconsideration of the decision in
question and, if unsuccessful after hearing or after denial of hearing,
appeal the decision in question to the Environmental Appeals Board. The
action becomes final upon the completion of review by the Environmental
Appeals Board and notice thereof to the owner or operator of the source.
(c) Where a petition seeks reconsideration both of the finding of
noncompliance and of the finding of liability on the ground that the
source owner or operator is entitled to an exemption, both questions
must be decided before any review by the Environmental Appeals Board is
sought, except on agreement of the parties.
[45 FR 50110, July 20, 1980, as amended at 50 FR 36734, Sept. 9, 1985;
57 FR 5329, Feb. 13, 1992]
Subpart J--Supplemental Rules for Formal Adjudicatory Hearings
Sec. 66.91 Applicability of supplemental rules.
The Supplemental Rules in this subpart, in conjunction with the
Consolidated Rules of Practice (40 CFR part 22) shall govern all
hearings held under this part. To the extent that the provisions of
these Supplemental Rules or any other provision of this part are
inconsistent with the Consolidated
[[Page 150]]
Rules, the provisions of this part shall govern.
Sec. 66.92 Commencement of hearings.
(a) The provisions of 40 CFR 22.08 (Consolidated Rules of Practice)
shall become applicable when the Administrator grants a hearing.
(b) Upon granting a hearing the Administrator shall immediately
transmit to the appropriate Regional Hearing Clerk two copies of the
notice granting the hearing and:
(1) In the case of a hearing pursuant to Sec. 66.42, two copies of
the notice of noncompliance under Sec. 66.11 (or the revocation notice
under Sec. 66.34) and of the petition of the owner or operator under
Sec. 66.13, together with supporting documents; and
(2) In the case of a hearing pursuant to Sec. 66.53 or Sec. 66.73,
two copies of the penalty calculation of the source owner or operator
provided pursuant to Sec. 66.13(a) or Sec. 66.72, and of any Agency
recalculation pursuant to Sec. 66.51(a)(2) or Sec. 66.72(b)(2), and of
the petition of the source owner or operator for reconsideration
pursuant to Sec. 66.52 or Sec. 66.73, together with supporting
documents.
(3) The Regional Hearing Clerk shall open and maintain the official
file of the proceeding upon receipt of the documents referred to in
paragraphs (b)(1) and (2) of this section.
(c) Upon granting a hearing the Administrator shall request the
Chief Administrative Law Judge to designate an Administrative Law Judge
to serve as the Presiding Officer. The Chief Administrative Law Judge
shall make this designation within seven days of receiving the request,
and shall notify the Regional Hearing Clerk of his action. The Regional
Hearing Clerk shall forward to the Presiding Officer one set of the
documents described in paragraph (b).
Sec. 66.93 Time limits.
The Presiding Officer upon designation shall notify the parties and
shall, if appropriate, schedule a prehearing conference (or alternative
procedures) under 40 CFR 22.19 and shall notify the parties of the date
of hearing under 40 CFR 22.21. The Presiding Officer shall issue an
initial decision no later than ninety days after the hearing is granted,
unless an extension of the hearing schedule or of the deadline for
decision is agreed to by the parties. To that end, the Presiding Officer
may establish such deadlines as are reasonable and necessary. Failure to
issue a decision within 90 days or further extended deadline (whether or
not by consent) shall not affect the validity of the proceedings.
Sec. 66.94 Presentation of evidence.
(a) In hearings pursuant to Sec. 66.42 EPA shall present evidence of
violation of applicable legal requirements. The source owner or operator
shall then present any rebuttal evidence.
(b) In hearings under Sec. 66.42 the source owner or operator shall
present evidence of entitlement to an exemption. EPA shall then present
any rebuttal evidence.
(c) In hearings under Secs. 66.54 and 66.73 EPA shall present
evidence that its calculation or revisions of the source owner or
operator's penalty calculations are correct. The source owner or
operator shall then present any rebuttal evidence.
(d) Each matter of controversy shall be determined by the Presiding
Officer upon a preponderance of the evidence.
(e) Any documentation submitted pursuant to Sec. 66.92(b) shall
automatically be received into evidence in the hearing.
Sec. 66.95 Decisions of the Presiding Officer; Appeal to the Administrator.
(a) The Presiding Officer shall dispose of the issues raised in the
hearing in a single written decision. Such decision shall terminate the
Presiding Officer's consideration of those issues.
(b) Penalty calculations and payment schedules, if any, established
by the decision of the Presiding Officer shall be based solely on the
parameters, terms and conditions of the Technical Support Document,
Manual, and Computer Program.
(c) An appeal to the Environmental Appeals Board from a decision of
the Presiding Officer shall be made by petition filed within twenty (20)
days from receipt by a party of the Presiding Officer's decision. The
Environmental Appeals Board shall rule on the appeal within 30 days of
receipt of a petition.
[[Page 151]]
No appeal may be made before receipt of the decision of the Presiding
Officer.
[45 FR 50110, July 20, 1980, as amended at 57 FR 5329, Feb. 13, 1992]
Appendix A to Part 66--Technical Support Document
Note: For text of appendix A see appendix A to part 67.
Appendix B to Part 66--Instruction Manual
Note: For text of appendix B see appendix B to part 67.
Appendix C to Part 66--Computer Program
Note: For text of appendix C see appendix C to part 67.
PART 67--EPA APPROVAL OF STATE NONCOMPLIANCE PENALTY PROGRAM--Table of Contents
Subpart A--Purpose and Scope
Sec.
67.1 Purpose and scope.
Subpart B--Approval of State Programs
67.11 Standards for approval of State programs.
67.12 Application for approval of programs.
67.13 Approval.
67.14 Amendments to the program.
67.15 Revocation.
Subpart C--Federal Notice of Noncompliance to Sources in States With
Approved Programs
67.21 Federal notice of noncompliance to owners or operators of sources
in States with approved programs.
Subpart D--EPA Review of State Compliance or Exemption Decisions
67.31 Review by the Administrator.
67.32 Procedure where no formal State hearing was held.
67.33 Procedure where a formal State hearing was held.
Subpart E--EPA Review of State Penalty Assessments
67.41 When EPA may review.
67.42 Procedure where no formal State hearing was held.
67.43 Procedure where a formal State hearing was held.
Appendix A to Part 67--Technical Support Document [Note]
Appendix B to Part 67--Instruction Manual [Note]
Appendix C to Part 67--Computer Program [Note]
Authority: Sec. 120 of the Clean Air Act, as amended, 42 U.S.C.
7420, unless otherwise noted.
Source: 45 FR 50117, July 28, 1980, unless otherwise noted.
Subpart A--Purpose and Scope
Sec. 67.1 Purpose and scope.
This part describes the standards and procedures under which EPA
will approve State programs for administering the noncompliance penalty
program under section 120 of the Clean Air Act and will evaluate actions
taken by States with approved programs. Subpart A describes the purpose
of the part. Subpart B states the conditions under which EPA will
approve State programs to administer the noncompliance penalty
provisions. Subparts C and D state when and how EPA will issue its own
notices to owners or operators of sources in States with approved
programs, and how it will review State decisions to grant or deny
exemptions from the penalty. Finally, subpart E states how EPA will
review State assessments of a penalty.
Subpart B--Approval of State Programs
Sec. 67.11 Standards for approval of State programs.
(a) The Administrator shall approve any program submitted by a
State, or by a local governmental agency where no program has been
submitted by a State, for administering the noncompliance penalty
provisions of section 120 of the Clean Air Act upon finding that the
program conforms to the requirements of the Act and to those of this
part and 40 CFR part 66. References to ``State program'' in this part
shall be read as including local governmental agencies and their
programs.
(b) The Administrator shall not approve any State program that does
not provide explicitly for:
[[Page 152]]
(1) Issuance of a notice of noncompliance, in a manner consistent
with procedures under part 66, upon discovery by the State or upon
notification by EPA of a violation of applicable legal requirements,
which notice satisfies the informational requirements set forth in
Sec. 66.13.
(2) Levels of staffing and funding satisfactory, in the judgment of
the Administrator, to implement and enforce the requirements of section
120 in that State, together with adequate provision for maintaining such
levels;
(3) A capability to carry out the financial analysis and procedures
specified in these regulations and the Technical Support Document,
Instruction Manual, and related Computer Program, available from the
Director of Stationary Source Compliance Division, EN-341, 1200
Pennsylvania Ave., NW., Washington, DC 20460, together with adequate
provision for maintaining such capability. Such capability may be
provided by trained State personnel or through qualified contractors;
(4) Except as provided in paragraph (a)(6) of this section, an
administrative hearing whenever the owner or operator of a source
submits a petition for reconsideration of a notice of noncompliance on
the ground that the source either is not in violation of applicable
legal requirements, or is entitled to an exemption, or both, or submits
a petition to challenge a recalculation of the penalty by the State,
provided that such petitions raise issues of fact that would require a
hearing under part 66. This hearing need not conform to the requirements
of 5 U.S.C. 554 as long as its procedures provide for:
(i) An initial decision by the hearing officer on the record;
(ii) A hearing officer who has not performed investigative or
litigating functions in any enforcement action against the source owner
or operator in question;
(iii) Opportunity for public participation on reasonable notice,
including intervention, by interested persons;
(iv) Opportunity for cross-examination or an equivalent opportunity
for confrontation between persons advocating differing positions on
material factual matters; and
(v) An initial decision by the hearing officer within ninety days of
commencement of the hearing unless such period is extended upon
agreement of the parties.
(5) Explicit provision for:
(i) Notice to the Administrator of any determination granting an
exemption, or finding a source in violation of applicable legal
requirements, and any penalty calculation and payment schedule approved
or calculated by the State, together with any information necessary to
verify its accuracy;
(ii) Within 30 days of receipt of a request from the Administrator,
transmission of a copy of the record of the hearing held under paragraph
(a)(4) or (6) of this section, including any proffered evidence and a
ruling on its admissibility and the State's decision on the merits; and
(iii) Additional reporting and recordkeeping, if necessary, adequate
to enable the Administrator to review the State's administration of the
program and determine whether it conforms to the Act and to part 66 of
these regulations. Such requirements will be specified in the Notice of
Delegation to the State.
(6) A hearing on the question of whether the owner or operator of a
source is entitled to an exemption pursuant to Sec. 66.32 or 66.33 may
be informal. The hearing shall be scheduled upon notice to the public.
Reasonable opportunity to testify and for submission of questions to the
petitioner by members of the public shall be afforded. A record of the
hearing shall be made, and the decision of the hearing officer made in
writing within a reasonable period of time after the close of the
hearing.
(c) The State may delegate all or part of its responsibilities under
its program to a local governmental agency to implement the program
within the jurisdiction of the local agency, Provided that the program
of the local government agency meets the requirements of this section.
(d) No State penalty program or program of one of its agents shall
be disapproved because it is more stringent than the program established
by part
[[Page 153]]
66 or by section 120 where the State or local agent concludes that it
has independent authority under State or local law to implement and
administer the more stringent portions of the program.
[45 FR 50117, July 28, 1980, as amended at 54 FR 25259, June 14, 1989]
Sec. 67.12 Application for approval of programs.
A state that wishes to administer a section 120 program shall submit
an application in writing to the Administrator describing its proposed
program. All necessary supporting materials shall accompany the
application.
Sec. 67.13 Approval.
(a) The Administrator shall evaluate any application submitted under
Sec. 67.12 and shall:
(1) Approve the program and delegate authority to the State to
administer the program if he determines that the requirements of
Sec. 67.11 have been and will be met; or
(2) Request additional information if he determines that the
information submitted is not sufficient to allow him to determine
whether the requirements of Sec. 67.11 have been and will be met; or
(3) Disapprove the State program if he determines that the
information submitted establishes that the requirements of Sec. 67.11
have not been or will not be met.
(b) The Administrator shall notify the State in writing of his
action under paragraph (a) of this section and shall state the reasons
for his action.
(c) In all cases of delegation (whether or not express provision is
made in the notice of delegation) the Administrator shall retain
continuing authority to issue notices of noncompliance, review exemption
requests or penalty calculations, or take any other steps set forth in
part 66 to assess and collect these penalties. Such authority shall be
exercised pursuant to the provisions of Sec. 67.21.
(d) The Administrator shall retain exclusive authority to assess and
collect penalties against source owners or operators of facilities in
the State who were issued notices of noncompliance pursuant to part 66
prior to the effective date of the delegation, except to the extent the
Administrator specifically delegates such authority to the State.
Sec. 67.14 Amendments to the program.
A State or local agent with a program approved pursuant to
Sec. 67.13 may propose amendments to that program to the Administrator.
The Administrator shall evaluate whether the State or local agent's
program as amended would conform to the requirements of Sec. 67.11 and
shall respond as provided in Sec. 67.13.
Sec. 67.15 Revocation.
If the Administrator determines that a State with a program approved
under Sec. 67.13 is not administering the program in conformity with the
requirements of the Act or Sec. 67.11, or the delegation of authority,
he shall provide the State written notice of that determination, setting
forth his reasons. Copies of all supporting materials shall accompany
the notice if requested, or shall be placed on file in the appropriate
Regional Office and made available for inspection during normal business
hours. The State shall have 90 days in which to respond in writing to
this determination. If the Administrator finds after reviewing the State
response that (a) the State is in fact administering the program in
conformity with Sec. 67.11, or (b) there are reasonable grounds to
believe the State program will immediately be brought into conformity
with that section, he shall withdraw his determination. If he finds that
neither of these conditions has been met, he shall withdraw the
delegation of authority to the State.
Subpart C--Federal Notice of Noncompliance to Sources in States With
Approved Programs
Sec. 67.21 Federal notice of noncompliance to owners or operators of sources in States with approved programs.
(a) The Administrator shall issue a notice of noncompliance to the
owner or operator of any source in a State
[[Page 154]]
with an approved program if he determines that the State or its local
agent has failed to issue such notice, provided that he shall first give
30 days notice to the State of his intent to issue a notice of
noncompliance to the owner or operator of the source in question unless
the State or its agent does so first. Any notice issued by the
Administrator pursuant to this section shall be deemed to be issued
pursuant to the provisions of part 66.
(b) The issuance of a notice of noncompliance shall operate to
withdraw EPA delegation of authority to the State with respect to the
particular facility in question.
(c) If the Administrator determines that the State or local agent
has issued a notice of noncompliance but has failed to pursue diligently
subsequent steps for the assessment and collection of the penalty, he
shall notify the State of his intent to withdraw delegation of authority
to the State with respect to the facility in question and take
appropriate actions pursuant to part 66 unless the State or local agent,
within 30 days, takes appropriate action in accordance with the
requirements of this part. In either case the penalty will be calculated
from the date of the State notice.
Subpart D--EPA Review of State Compliance or Exemption Decisions
Sec. 67.31 Review by the Administrator.
(a) The Administrator may, on his own initiative, review any
determination by a State or its agent that a source owner or operator is
or is not in compliance with applicable legal requirements or is or is
not entitled to an exemption, to determine whether that determination
conforms to the requirements of the Act and part 66 (as modified by
Sec. 67.11).
(b) The Administrator shall review any such determination upon
receipt of a petition alleging that the State's determination does not
conform to the requirements of the Act and part 66 (as modified by
Sec. 67.11). Such petition must be filed within 20 days of issuance of
the State's decision.
(c) The Administrator shall give notice in writing to the State or
local agent, to the owner or operator of the source, and to the
petitioner of his intent to review the determination. Such notice shall
be given within 90 days of the Administrator's receipt of the State or
local agent's determination. Unless otherwise provided, such notice
shall not withdraw EPA's delegation of authority to the State or local
agent over the particular facility in question.
(d) No such State determination shall become final until the
expiration of 90 days after the Administrator's receipt of the notice
required by Sec. 67.11(b)(5).
(1) If the Administrator does not issue a notice of intent to review
within that period, the State determination shall, upon expiration of
such period, constitute final action of the Administrator under section
120 of the Act.
(2) If the Administrator issues a notice of intent to review within
that period, the State determination shall not become final until the
Administrator takes final action after reviewing the determination.
(e) Except as otherwise provided, a State determination shall be
approved if there was a reasonable basis in law and in fact for making
the determination.
Sec. 67.32 Procedure where no formal State hearing was held.
(a) In reviewing a decision that a source is in compliance with
applicable legal requirements or entitled to an exemption for which no
hearing conforming to Sec. 67.11(b) (4) or (6) was held, the
Administrator shall evaluate the accuracy and adequacy of the documents
transmitted to him pursuant to Sec. 67.11(b)(5) and shall invite
submission of comments on issues identified by him as relevant to his
review.
(b) If the Administrator concludes that no hearing need have been
held and that the State determination was correct, he shall notify the
State, the source owner or operator, and other participants of his
determination, which shall constitute final agency action by EPA under
authority of section 120. If the Administrator concludes that the
petition of the source owner or operator presented information which, if
true, would have altered the owner or operator's liability for a
penalty, he shall upon notice to the State
[[Page 155]]
or local agent schedule a hearing in accordance with subpart E of part
66. Such notice shall operate as a withdrawal of EPA's delegation of
authority to the State or local agent over the facility in question
unless the State or local agent schedules a hearing within 15 days of
receipt of the notice.
(c) If the Administrator concludes that the State determination did
not conform to the requirements of the Act or of part 66 (as modified by
Sec. 67.11), he shall by written notice revoke the determination. Such
revocation shall operate as a withdrawal of EPA's delegation of
authority to the State or local agent over the facility in question. The
source owner or operator may then petition for review of the
Administrator's decision pursuant to the provisions of Sec. 66.13.
(d) Unless otherwise provided in the Administrator's notice to the
State or local agent, any noncompliance penalties owed by the source
owner or operator shall be paid to the State or local agent. The
Administrator shall send a copy of this notice to the source owner or
operator.
Sec. 67.33 Procedure where a formal State hearing was held.
(a) In reviewing a decision that a source is in compliance with
applicable legal requirements or is entitled to an exemption for which a
hearing conforming to Sec. 67.11(b) (4) or (6) was held, the
Administrator may invite comment on issues identified by him as relevant
to his review and shall propose or make findings as to the correctness
of the determination and the accuracy and adequacy of the material
transmitted pursuant to Sec. 67.11(b)(5).
(b) The Administrator shall notify all participants in the State
hearing of his findings and conclusions. If the Administrator concludes
that the State determination conformed to the requirements of the Act
and of part 66 (as modified by Sec. 66.11), the Administrator's
determination shall constitute final administrative action by EPA under
authority of Section 120. If the Administrator finds that the State
determination did not conform to the requirements of the Act and of part
66 (as modified by Sec. 67.11), the findings shall constitute proposed
findings and the notice shall invite participants to file exceptions
thereto. If the Administrator considers it desirable, he may schedule a
time for argument.
(c) Within 60 days of receipt of any briefs or exceptions or after
oral argument pursuant to paragraph (b), the Administrator shall affirm,
modify, or revoke his proposed findings that the State's determination
did not conform to the requirements of the Act or of part 66 (as
modified by Sec. 67.11). The decision shall be in writing. Notice and a
copy of the decision shall be provided to the source owner or operator
and to all other participants in the State hearing. The decision shall
constitute a final administrative action by EPA under authority of
section 120.
(d) If the Administrator finds that deficiencies in the hearing
record prevent him from determining whether the determination of the
State or local agent conformed to the requirements of the Act and part
66 (as modified by Sec. 67.11), he shall notify the State or local agent
of his finding and specify what deficiencies exist and schedule a
hearing pursuant to subpart E of part 66. Such notice shall operate as a
withdrawal of EPA's delegation of authority to the State or local agent
over the facility in question unless the State or local agent schedules
a supplemental hearing to correct the deficiencies within 15 days of
receipt of the notice.
(e) If the Administrator concludes that the source is in violation
of applicable legal requirements or is not entitled to an exemption, or
both, and unless otherwise ordered in the decision, the source owner or
operator shall submit a penalty calculation to the State within 45 days
of receipt of the notice of determination.
Subpart E--EPA Review of State Penalty Assessments
Sec. 67.41 When EPA may review.
(a) The Administrator may on his own initiative or on petition
review any initial, interim, or final penalty calculation made or
approved by the State or local agent to determine whether it conforms to
the requirements of the Act, of part 66, of the Technical Support
Document and the Instruction Manual. The Administrator
[[Page 156]]
shall notify the State or local agent in writing of his intention to
review the calculation within 60 days of receipt by EPA of the
calculation or any item considered by the State in making or approving
such calculation, whichever occurs later.
(b) No such State determination shall become final until the
expiration of 90 days after the Administrator's receipt of the notice
required by Sec. 67.11(b)(5).
(1) If the Administrator does not issue a notice of intent to review
within that period, the State determination shall, upon expiration of
such period, constitute final action of the Administrator under section
120 of the Act.
(2) If the Administrator issues a notice of intent to review within
that period, the State determination shall not become final until the
Administrator takes final action after reviewing the determination.
(c) Except as otherwise provided, a State determination shall be
approved if there was a reasonable basis in law and in fact for making
the determination.
Sec. 67.42 Procedure where no formal State hearing was held.
(a) In reviewing a penalty calculation for which no hearing
conforming to the requirements of Sec. 67.11(b)(4) was held, the
Administrator shall evaluate the accuracy and adequacy of the data
contained in the documents transmitted to him pursuant to
Sec. 67.11(b)(5) and shall invite comments on issues identified by him
as relevant to his review.
(b) If the Administrator concludes that no hearing need have been
held and that the State determination was correct, he shall notify the
State, the source owner or operator, and other participants of his
determination, which shall constitute final agency action by EPA under
authority of section 120. If the Administrator concludes that the
petition of the source owner or operator for reconsideration of a
recalculation presented information which, if true, would have altered
the amount of the penalty calculated, he shall upon notice to the State
schedule a hearing in accordance with subpart F of part 66. Such notice
shall operate as a withdrawal of EPA's delegation of authority to the
State or local agent over the facility in question unless the State or
local agent schedules a hearing within 15 days of receipt of the notice.
(c) If the Administrator concludes that the determination of the
State or local agent not to hold a hearing was proper but that the
penalty calculation does not conform to the requirements of the Act or
of part 66, he shall by written notice revoke the determination and
issue a notice of recalculation to the source owner or operator pursuant
to Sec. 66.51. A copy of the notice of recalculation shall be provided
to the State or local agent. The notice of recalculation shall
constitute final administrative action by EPA under authority of section
120 unless the source owner or operator petitions for reconsideration
under Sec. 66.52, in which case it shall operate as a withdrawal by EPA
of its delegation of authority to the State or local agent over the
facility in question.
(d) Unless otherwise provided in the Administrator's notice,
noncompliance penalties finally determined to be owed shall be paid to
the State or local agent.
Sec. 67.43 Procedure where a formal State hearing was held.
(a) In reviewing a penalty calculation for which a hearing
conforming to Sec. 67.11(b)(4) was held, the Administrator may invite
comment on issues identified by him as relevant to his review and shall
propose or make findings as to the correctness of the determination and
shall evaluate the accuracy and adequacy of the material transmitted
pursuant to Sec. 67.11(b)(5).
(b) The Administrator shall notify all participants in the State
hearing of his findings and conclusions. If the Administrator finds that
the State determination conformed to the requirements of the Act, part
66 (as modified by Sec. 67.11), the Technical Support Document, and the
Instruction Manual, his determination shall constitute a final action
pursuant to section 120. If the Administrator finds that the State
determination did not conform to the requirements of the Act or of part
66 (as modified by Sec. 67.11) or to the Technical
[[Page 157]]
Support Document or Instruction Manual, the findings shall constitute
proposed findings, and the notice shall invite participants to file
exceptions to his proposed findings and, if necessary, schedule a time
for argument.
(c) Within 60 days of receipt of any briefs or exceptions or after
oral argument, the Administrator shall affirm, modify, or revoke his
proposed findings that the State or local agent's determination did not
conform to the requirements of the Act or of part 66 (as modified by
Sec. 67.11) or the Technical Support Document or Instruction Manual. The
decision shall be in writing. Notice and a copy of the decision, which
shall constitute final administrative action by EPA pursuant to section
120, shall be provided to the source owner or operator and to all other
participants in the State hearing.
(d) If the Administrator finds that deficiencies in the State or
local agent's hearing record prevent him from determining whether the
State or local agent's determination conformed to the requirements of
the Act and part 66 (as modified by Sec. 67.11) or the Technical Support
Document or Instruction Manual, he shall notify the State or local agent
of his decision and specify what dificiencies exist and schedule a
hearing in accordance with subpart F of part 66. Such notice shall
operate to withdraw EPA's delegation of authority to the State or local
agent over the facility in question unless the State or local agent
within 15 days schedules a supplemental hearing to correct the
deficiencies.
(e) Unless otherwise provided in the Administrator's notice to the
State or local agent, any noncompliance penalties owed by the source
owner or operator shall be paid to the State or local agent.
Appendix A to Part 67--Technical Support Document
Note: EPA will make copies of appendix A available from: Director,
Stationary Source Compliance Division, EN-341, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
[54 FR 25259, June 20, 1989]
Appendix B to Part 67--Instruction Manual
Note: EPA will make copies of appendix B available from: Director,
Stationary Source Compliance Division, EN-341, 1200 Pennsylvania Ave.,
NW., Washington, DC 20460.
[54 FR 25259, June 20, 1989]
Appendix C to Part 67--Computer Program
Note: EPA will make copies of appendix C available from: Director,
Stationary Source Compliance Division, EN-341, 1200 Pennsylvania., NW.,
Washington, DC 20460.
[54 FR 25259, June 20, 1989]
PART 68--CHEMICAL ACCIDENT PREVENTION PROVISIONS--Table of Contents
Subpart A--General
Sec.
68.1 Scope.
68.2 Stayed provisions.
68.3 Definitions.
68.10 Applicability.
68.12 General requirements.
68.15 Management.
Subpart B--Hazard Assessment
68.20 Applicability.
68.22 Offsite consequence analysis parameters.
68.25 Worst-case release scenario analysis.
68.28 Alternative release scenario analysis.
68.30 Defining offsite impacts--population.
68.33 Defining offsite impacts--environment.
68.36 Review and update.
68.39 Documentation.
68.42 Five-year accident history.
Subpart C--Program 2 Prevention Program
68.48 Safety information.
68.50 Hazard review.
68.52 Operating procedures.
68.54 Training.
68.56 Maintenance.
68.58 Compliance audits.
68.60 Incident investigation.
Subpart D--Program 3 Prevention Program
68.65 Process safety information.
68.67 Process hazard analysis.
68.69 Operating procedures.
68.71 Training.
68.73 Mechanical integrity.
68.75 Management of change.
68.77 Pre-startup review.
68.79 Compliance audits.
68.81 Incident investigation.
[[Page 158]]
68.83 Employee participation.
68.85 Hot work permit.
68.87 Contractors.
Subpart E--Emergency Response
68.90 Applicability.
68.95 Emergency response program.
Subpart F--Regulated Substances for Accidental Release Prevention
68.100 Purpose.
68.115 Threshold determination.
68.120 Petition process.
68.125 Exemptions.
68.126 Exclusion.
68.130 List of substances.
Subpart G--Risk Management Plan
68.150 Submission.
68.151 Assertion of claims of confidential business information.
68.152 Substantiating claims of confidential business information.
68.155 Executive summary.
68.160 Registration.
68.165 Offsite consequence analysis.
68.168 Five-year accident history.
68.170 Prevention program/Program 2.
68.175 Prevention program/Program 3.
68.180 Emergency response program.
68.185 Certification.
68.190 Updates.
Subpart H--Other Requirements
68.200 Recordkeeping.
68.210 Availability of information to the public.
68.215 Permit content and air permitting authority or designated agency
requirements.
68.220 Audits.
Appendix A to Part 68--Table of Toxic Endpoints
Authority: 42 U.S.C 7412(r), 7601 (a)(1).
Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.
Subpart A--General
Sec. 68.1 Scope.
This part sets forth the list of regulated substances and
thresholds, the petition process for adding or deleting substances to
the list of regulated substances, the requirements for owners or
operators of stationary sources concerning the prevention of accidental
releases, and the State accidental release prevention programs approved
under section 112(r). The list of substances, threshold quantities, and
accident prevention regulations promulgated under this part do not limit
in any way the general duty provisions under section 112(r)(1).
Sec. 68.2 Stayed provisions.
(a) Notwithstanding any other provision of this part, the
effectiveness of the following provisions is stayed from March 2, 1994
to December 22, 1997.
(1) In Sec. 68.3, the definition of ``stationary source,'' to the
extent that such definition includes naturally occurring hydrocarbon
reservoirs or transportation subject to oversight or regulation under a
state natural gas or hazardous liquid program for which the state has in
effect a certification to DOT under 49 U.S.C. 60105;
(2) Section 68.115(b)(2) of this part, to the extent that such
provision requires an owner or operator to treat as a regulated
flammable substance:
(i) Gasoline, when in distribution or related storage for use as
fuel for internal combustion engines;
(ii) Naturally occurring hydrocarbon mixtures prior to entry into a
petroleum refining process unit or a natural gas processing plant.
Naturally occurring hydrocarbon mixtures include any of the following:
condensate, crude oil, field gas, and produced water, each as defined in
paragraph (b) of this section;
(iii) Other mixtures that contain a regulated flammable substance
and that do not have a National Fire Protection Association flammability
hazard rating of 4, the definition of which is in the NFPA 704, Standard
System for the Identification of the Fire Hazards of Materials, National
Fire Protection Association, Quincy, MA, 1990, available from the
National Fire Protection Association, 1 Batterymarch Park, Quincy, MA
02269-9101; and
(3) Section 68.130(a).
(b) From March 2, 1994 to December 22, 1997, the following
definitions shall apply to the stayed provisions described in paragraph
(a) of this section:
Condensate means hydrocarbon liquid separated from natural gas that
condenses because of changes in temperature, pressure, or both, and
remains liquid at standard conditions.
Crude oil means any naturally occurring, unrefined petroleum liquid.
[[Page 159]]
Field gas means gas extracted from a production well before the gas
enters a natural gas processing plant.
Natural gas processing plant means any processing site engaged in
the extraction of natural gas liquids from field gas, fractionation of
natural gas liquids to natural gas products, or both. A separator,
dehydration unit, heater treater, sweetening unit, compressor, or
similar equipment shall not be considered a ``processing site'' unless
such equipment is physically located within a natural gas processing
plant (gas plant) site.
Petroleum refining process unit means a process unit used in an
establishment primarily engaged in petroleum refining as defined in the
Standard Industrial Classification code for petroleum refining (2911)
and used for the following: Producing transportation fuels (such as
gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene,
fuel gas distillate, and fuel oils), or lubricants; separating
petroleum; or separating, cracking, reacting, or reforming intermediate
petroleum streams. Examples of such units include, but are not limited
to, petroleum based solvent units, alkylation units, catalytic
hydrotreating, catalytic hydrorefining, catalytic hydrocracking,
catalytic reforming, catalytic cracking, crude distillation, lube oil
processing, hydrogen production, isomerization, polymerization, thermal
processes, and blending, sweetening, and treating processes. Petroleum
refining process units include sulfur plants.
Produced water means water extracted from the earth from an oil or
natural gas production well, or that is separated from oil or natural
gas after extraction.
(c) Notwithstanding any other provision of this part, the
effectiveness of part 68 is stayed from June 21, 1999 to December 21,
1999 with respect to regulated flammable hydrocarbon substances when the
substance is intended for use as a fuel and does not exceed 67,000
pounds in a process that is not manufacturing the fuel, does not contain
greater than a threshold quantity of another regulated substance, and is
not collocated or interconnected to another covered process.
[59 FR 4493, Jan. 31, 1994, as amended at 61 FR 31731, June 20, 1996; 64
FR 29170, May 28, 1999]
Sec. 68.3 Definitions.
For the purposes of this part:
Accidental release means an unanticipated emission of a regulated
substance or other extremely hazardous substance into the ambient air
from a stationary source.
Act means the Clean Air Act as amended (42 U.S.C. 7401 et seq.)
Administrative controls mean written procedural mechanisms used for
hazard control.
Administrator means the administrator of the U.S. Environmental
Protection Agency.
AIChE/CCPS means the American Institute of Chemical Engineers/Center
for Chemical Process Safety.
API means the American Petroleum Institute.
Article means a manufactured item, as defined under 29 CFR
1910.1200(b), that is formed to a specific shape or design during
manufacture, that has end use functions dependent in whole or in part
upon the shape or design during end use, and that does not release or
otherwise result in exposure to a regulated substance under normal
conditions of processing and use.
ASME means the American Society of Mechanical Engineers.
CAS means the Chemical Abstracts Service.
Catastrophic release means a major uncontrolled emission, fire, or
explosion, involving one or more regulated substances that presents
imminent and substantial endangerment to public health and the
environment.
Classified information means ``classified information'' as defined
in the Classified Information Procedures Act, 18 U.S.C. App. 3, section
1(a) as ``any information or material that has been determined by the
United States Government pursuant to an executive order, statute, or
regulation, to require protection against unauthorized disclosure for
reasons of national security.''
Condensate means hydrocarbon liquid separated from natural gas that
condenses due to changes in temperature,
[[Page 160]]
pressure, or both, and remains liquid at standard conditions.
Covered process means a process that has a regulated substance
present in more than a threshold quantity as determined under
Sec. 68.115.
Crude oil means any naturally occurring, unrefined petroleum liquid.
Designated agency means the state, local, or Federal agency
designated by the state under the provisions of Sec. 68.215(d) .
DOT means the United States Department of Transportation.
Environmental receptor means natural areas such as national or state
parks, forests, or monuments; officially designated wildlife
sanctuaries, preserves, refuges, or areas; and Federal wilderness areas,
that could be exposed at any time to toxic concentrations, radiant heat,
or overpressure greater than or equal to the endpoints provided in
Sec. 68.22(a) , as a result of an accidental release and that can be
identified on local U. S. Geological Survey maps.
Field gas means gas extracted from a production well before the gas
enters a natural gas processing plant.
Hot work means work involving electric or gas welding, cutting,
brazing, or similar flame or spark-producing operations.
Implementing agency means the state or local agency that obtains
delegation for an accidental release prevention program under subpart E,
40 CFR part 63. The implementing agency may, but is not required to, be
the state or local air permitting agency. If no state or local agency is
granted delegation, EPA will be the implementing agency for that state.
Injury means any effect on a human that results either from direct
exposure to toxic concentrations; radiant heat; or overpressures from
accidental releases or from the direct consequences of a vapor cloud
explosion (such as flying glass, debris, and other projectiles) from an
accidental release and that requires medical treatment or
hospitalization.
Major change means introduction of a new process, process equipment,
or regulated substance, an alteration of process chemistry that results
in any change to safe operating limits, or other alteration that
introduces a new hazard.
Mechanical integrity means the process of ensuring that process
equipment is fabricated from the proper materials of construction and is
properly installed, maintained, and replaced to prevent failures and
accidental releases.
Medical treatment means treatment, other than first aid,
administered by a physician or registered professional personnel under
standing orders from a physician.
Mitigation or mitigation system means specific activities,
technologies, or equipment designed or deployed to capture or control
substances upon loss of containment to minimize exposure of the public
or the environment. Passive mitigation means equipment, devices, or
technologies that function without human, mechanical, or other energy
input. Active mitigation means equipment, devices, or technologies that
need human, mechanical, or other energy input to function.
NAICS means North American Industry Classification System.
NFPA means the National Fire Protection Association.
Natural gas processing plant (gas plant) means any processing site
engaged in the extraction of natural gas liquids from field gas,
fractionation of mixed natural gas liquids to natural gas products, or
both, classified as North American Industrial Classification System
(NAICS) code 211112 (previously Standard Industrial Classification (SIC)
code 1321).
Offsite means areas beyond the property boundary of the stationary
source, and areas within the property boundary to which the public has
routine and unrestricted access during or outside business hours.
OSHA means the U.S. Occupational Safety and Health Administration.
Owner or operator means any person who owns, leases, operates, controls,
or supervises a stationary source.
Petroleum refining process unit means a process unit used in an
establishment primarily engaged in petroleum refining as defined in
NAICS code 32411 for petroleum refining (formerly SIC code 2911) and
used for the following: Producing transportation fuels (such as
[[Page 161]]
gasoline, diesel fuels, and jet fuels), heating fuels (such as kerosene,
fuel gas distillate, and fuel oils), or lubricants; Separating
petroleum; or Separating, cracking, reacting, or reforming intermediate
petroleum streams. Examples of such units include, but are not limited
to, petroleum based solvent units, alkylation units, catalytic
hydrotreating, catalytic hydrorefining, catalytic hydrocracking,
catalytic reforming, catalytic cracking, crude distillation, lube oil
processing, hydrogen production, isomerization, polymerization, thermal
processes, and blending, sweetening, and treating processes. Petroleum
refining process units include sulfur plants.
Population means the public.
Process means any activity involving a regulated substance including
any use, storage, manufacturing, handling, or on-site movement of such
substances, or combination of these activities. For the purposes of this
definition, any group of vessels that are interconnected, or separate
vessels that are located such that a regulated substance could be
involved in a potential release, shall be considered a single process.
Produced water means water extracted from the earth from an oil or
natural gas production well, or that is separated from oil or natural
gas after extraction.
Public means any person except employees or contractors at the
stationary source.
Public receptor means offsite residences, institutions (e.g.,
schools, hospitals), industrial, commercial, and office buildings,
parks, or recreational areas inhabited or occupied by the public at any
time without restriction by the stationary source where members of the
public could be exposed to toxic concentrations, radiant heat, or
overpressure, as a result of an accidental release.
Regulated substance is any substance listed pursuant to section
112(r)(3) of the Clean Air Act as amended, in Sec. 68.130.
Replacement in kind means a replacement that satisfies the design
specifications.
Retail facility means a stationary source at which more than one-
half of the income is obtained from direct sales to end users or at
which more than one-half of the fuel sold, by volume, is sold through a
cylinder exchange program.
RMP means the risk management plan required under subpart G of this
part.
Stationary source means any buildings, structures, equipment,
installations, or substance emitting stationary activities which belong
to the same industrial group, which are located on one or more
contiguous properties, which are under the control of the same person
(or persons under common control), and from which an accidental release
may occur. The term stationary source does not apply to transportation,
including storage incident to transportation, of any regulated substance
or any other extremely hazardous substance under the provisions of this
part. A stationary source includes transportation containers used for
storage not incident to transportation and transportation containers
connected to equipment at a stationary source for loading or unloading.
Transportation includes, but is not limited to, transportation subject
to oversight or regulation under 49 CFR parts 192, 193, or 195, or a
state natural gas or hazardous liquid program for which the state has in
effect a certification to DOT under 49 U.S.C. section 60105. A
stationary source does not include naturally occurring hydrocarbon
reservoirs. Properties shall not be considered contiguous solely because
of a railroad or pipeline right-of-way.
Threshold quantity means the quantity specified for regulated
substances pursuant to section 112(r)(5) of the Clean Air Act as
amended, listed in Sec. 68.130 and determined to be present at a
stationary source as specified in Sec. 68.115 of this part.
Typical meteorological conditions means the temperature, wind speed,
cloud cover, and atmospheric stability class, prevailing at the site
based on data gathered at or near the site or from a local
meteorological station.
Vessel means any reactor, tank, drum, barrel, cylinder, vat, kettle,
boiler, pipe, hose, or other container.
Worst-case release means the release of the largest quantity of a
regulated
[[Page 162]]
substance from a vessel or process line failure that results in the
greatest distance to an endpoint defined in Sec. 68.22(a).
[59 FR 4493, Jan. 31, 1994, as amended at 61 FR 31717, June 20, 1996; 63
FR 644, Jan. 6, 1998; 64 FR 979, Jan. 6, 1999; 65 FR 13250, Mar. 13,
2000]
Sec. 68.10 Applicability.
(a) An owner or operator of a stationary source that has more than a
threshold quantity of a regulated substance in a process, as determined
under Sec. 68.115, shall comply with the requirements of this part no
later than the latest of the following dates:
(1) June 21, 1999;
(2) Three years after the date on which a regulated substance is
first listed under Sec. 68.130; or
(3) The date on which a regulated substance is first present above a
threshold quantity in a process.
(b) Program 1 eligibility requirements. A covered process is
eligible for Program 1 requirements as provided in Sec. 68.12(b) if it
meets all of the following requirements:
(1) For the five years prior to the submission of an RMP, the
process has not had an accidental release of a regulated substance where
exposure to the substance, its reaction products, overpressure generated
by an explosion involving the substance, or radiant heat generated by a
fire involving the substance led to any of the following offsite:
(i) Death;
(ii) Injury; or
(iii) Response or restoration activities for an exposure of an
environmental receptor;
(2) The distance to a toxic or flammable endpoint for a worst-case
release assessment conducted under Subpart B and Sec. 68.25 is less than
the distance to any public receptor, as defined in Sec. 68.30; and
(3) Emergency response procedures have been coordinated between the
stationary source and local emergency planning and response
organizations.
(c) Program 2 eligibility requirements. A covered process is subject
to Program 2 requirements if it does not meet the eligibility
requirements of either paragraph (b) or paragraph (d) of this section.
(d) Program 3 eligibility requirements. A covered process is subject
to Program 3 if the process does not meet the requirements of paragraph
(b) of this section, and if either of the following conditions is met:
(1) The process is in NAICS code 32211, 32411, 32511, 325181,
325188, 325192, 325199, 325211, 325311, or 32532; or
(2) The process is subject to the OSHA process safety management
standard, 29 CFR 1910.119.
(e) If at any time a covered process no longer meets the eligibility
criteria of its Program level, the owner or operator shall comply with
the requirements of the new Program level that applies to the process
and update the RMP as provided in Sec. 68.190.
(f) The provisions of this part shall not apply to an Outer
Continental Shelf (``OCS'') source, as defined in 40 CFR 55.2.
[61 FR 31717, June 20, 1996, as amended at 63 FR 645, Jan. 6, 1998; 64
FR 979, Jan. 6, 1999]
Sec. 68.12 General requirements.
(a) General requirements. The owner or operator of a stationary
source subject to this part shall submit a single RMP, as provided in
Secs. 68.150 to 68.185. The RMP shall include a registration that
reflects all covered processes.
(b) Program 1 requirements. In addition to meeting the requirements
of paragraph (a) of this section, the owner or operator of a stationary
source with a process eligible for Program 1, as provided in
Sec. 68.10(b), shall:
(1) Analyze the worst-case release scenario for the process(es), as
provided in Sec. 68.25; document that the nearest public receptor is
beyond the distance to a toxic or flammable endpoint defined in
Sec. 68.22(a); and submit in the RMP the worst-case release scenario as
provided in Sec. 68.165;
(2) Complete the five-year accident history for the process as
provided in Sec. 68.42 of this part and submit it in the RMP as provided
in Sec. 68.168;
(3) Ensure that response actions have been coordinated with local
emergency planning and response agencies; and
(4) Certify in the RMP the following: ``Based on the criteria in 40
CFR 68.10, the distance to the specified endpoint
[[Page 163]]
for the worst-case accidental release scenario for the following
process(es) is less than the distance to the nearest public receptor:
[list process(es)]. Within the past five years, the process(es) has
(have) had no accidental release that caused offsite impacts provided in
the risk management program rule (40 CFR 68.10(b)(1)). No additional
measures are necessary to prevent offsite impacts from accidental
releases. In the event of fire, explosion, or a release of a regulated
substance from the process(es), entry within the distance to the
specified endpoints may pose a danger to public emergency responders.
Therefore, public emergency responders should not enter this area except
as arranged with the emergency contact indicated in the RMP. The
undersigned certifies that, to the best of my knowledge, information,
and belief, formed after reasonable inquiry, the information submitted
is true, accurate, and complete. [Signature, title, date signed].''
(c) Program 2 requirements. In addition to meeting the requirements
of paragraph (a) of this section, the owner or operator of a stationary
source with a process subject to Program 2, as provided in
Sec. 68.10(c), shall:
(1) Develop and implement a management system as provided in
Sec. 68.15;
(2) Conduct a hazard assessment as provided in Secs. 68.20 through
68.42;
(3) Implement the Program 2 prevention steps provided in Secs. 68.48
through 68.60 or implement the Program 3 prevention steps provided in
Secs. 68.65 through 68.87;
(4) Develop and implement an emergency response program as provided
in Secs. 68.90 to 68.95; and
(5) Submit as part of the RMP the data on prevention program
elements for Program 2 processes as provided in Sec. 68.170.
(d) Program 3 requirements. In addition to meeting the requirements
of paragraph (a) of this section, the owner or operator of a stationary
source with a process subject to Program 3, as provided in Sec. 68.10(d)
shall:
(1) Develop and implement a management system as provided in
Sec. 68.15;
(2) Conduct a hazard assessment as provided in Secs. 68.20 through
68.42;
(3) Implement the prevention requirements of Secs. 68.65 through
68.87;
(4) Develop and implement an emergency response program as provided
in Secs. 68.90 to 68.95 of this part; and
(5) Submit as part of the RMP the data on prevention program
elements for Program 3 processes as provided in Sec. 68.175.
[61 FR 31718, June 20, 1996]
Sec. 68.15 Management.
(a) The owner or operator of a stationary source with processes
subject to Program 2 or Program 3 shall develop a management system to
oversee the implementation of the risk management program elements.
(b) The owner or operator shall assign a qualified person or
position that has the overall responsibility for the development,
implementation, and integration of the risk management program elements.
(c) When responsibility for implementing individual requirements of
this part is assigned to persons other than the person identified under
paragraph (b) of this section, the names or positions of these people
shall be documented and the lines of authority defined through an
organization chart or similar document.
[61 FR 31718, June 20, 1996]
Subpart B--Hazard Assessment
Source: 61 FR 31718, June 20, 1996, unless otherwise noted.
Sec. 68.20 Applicability.
The owner or operator of a stationary source subject to this part
shall prepare a worst-case release scenario analysis as provided in
Sec. 68.25 of this part and complete the five-year accident history as
provided in Sec. 68.42. The owner or operator of a Program 2 and 3
process must comply with all sections in this subpart for these
processes.
Sec. 68.22 Offsite consequence analysis parameters.
(a) Endpoints. For analyses of offsite consequences, the following
endpoints shall be used:
[[Page 164]]
(1) Toxics. The toxic endpoints provided in appendix A of this part.
(2) Flammables. The endpoints for flammables vary according to the
scenarios studied:
(i) Explosion. An overpressure of 1 psi.
(ii) Radiant heat/exposure time. A radiant heat of 5 kw/
m2 for 40 seconds.
(iii) Lower flammability limit. A lower flammability limit as
provided in NFPA documents or other generally recognized sources.
(b) Wind speed/atmospheric stability class. For the worst-case
release analysis, the owner or operator shall use a wind speed of 1.5
meters per second and F atmospheric stability class. If the owner or
operator can demonstrate that local meteorological data applicable to
the stationary source show a higher minimum wind speed or less stable
atmosphere at all times during the previous three years, these minimums
may be used. For analysis of alternative scenarios, the owner or
operator may use the typical meteorological conditions for the
stationary source.
(c) Ambient temperature/humidity. For worst-case release analysis of
a regulated toxic substance, the owner or operator shall use the highest
daily maximum temperature in the previous three years and average
humidity for the site, based on temperature/humidity data gathered at
the stationary source or at a local meteorological station; an owner or
operator using the RMP Offsite Consequence Analysis Guidance may use 25
[deg]C and 50 percent humidity as values for these variables. For
analysis of alternative scenarios, the owner or operator may use typical
temperature/humidity data gathered at the stationary source or at a
local meteorological station.
(d) Height of release. The worst-case release of a regulated toxic
substance shall be analyzed assuming a ground level (0 feet) release.
For an alternative scenario analysis of a regulated toxic substance,
release height may be determined by the release scenario.
(e) Surface roughness. The owner or operator shall use either urban
or rural topography, as appropriate. Urban means that there are many
obstacles in the immediate area; obstacles include buildings or trees.
Rural means there are no buildings in the immediate area and the terrain
is generally flat and unobstructed.
(f) Dense or neutrally buoyant gases. The owner or operator shall
ensure that tables or models used for dispersion analysis of regulated
toxic substances appropriately account for gas density.
(g) Temperature of released substance. For worst case, liquids other
than gases liquified by refrigeration only shall be considered to be
released at the highest daily maximum temperature, based on data for the
previous three years appropriate for the stationary source, or at
process temperature, whichever is higher. For alternative scenarios,
substances may be considered to be released at a process or ambient
temperature that is appropriate for the scenario.
Sec. 68.25 Worst-case release scenario analysis.
(a) The owner or operator shall analyze and report in the RMP:
(1) For Program 1 processes, one worst-case release scenario for
each Program 1 process;
(2) For Program 2 and 3 processes:
(i) One worst-case release scenario that is estimated to create the
greatest distance in any direction to an endpoint provided in appendix A
of this part resulting from an accidental release of regulated toxic
substances from covered processes under worst-case conditions defined in
Sec. 68.22;
(ii) One worst-case release scenario that is estimated to create the
greatest distance in any direction to an endpoint defined in
Sec. 68.22(a) resulting from an accidental release of regulated
flammable substances from covered processes under worst-case conditions
defined in Sec. 68.22; and
(iii) Additional worst-case release scenarios for a hazard class if
a worst-case release from another covered process at the stationary
source potentially affects public receptors different from those
potentially affected by the worst-case release scenario developed under
paragraphs (a)(2)(i) or (a)(2)(ii) of this section.
[[Page 165]]
(b) Determination of worst-case release quantity. The worst-case
release quantity shall be the greater of the following:
(1) For substances in a vessel, the greatest amount held in a single
vessel, taking into account administrative controls that limit the
maximum quantity; or
(2) For substances in pipes, the greatest amount in a pipe, taking
into account administrative controls that limit the maximum quantity.
(c) Worst-case release scenario--toxic gases. (1) For regulated
toxic substances that are normally gases at ambient temperature and
handled as a gas or as a liquid under pressure, the owner or operator
shall assume that the quantity in the vessel or pipe, as determined
under paragraph (b) of this section, is released as a gas over 10
minutes. The release rate shall be assumed to be the total quantity
divided by 10 unless passive mitigation systems are in place.
(2) For gases handled as refrigerated liquids at ambient pressure:
(i) If the released substance is not contained by passive mitigation
systems or if the contained pool would have a depth of 1 cm or less, the
owner or operator shall assume that the substance is released as a gas
in 10 minutes;
(ii) If the released substance is contained by passive mitigation
systems in a pool with a depth greater than 1 cm, the owner or operator
may assume that the quantity in the vessel or pipe, as determined under
paragraph (b) of this section, is spilled instantaneously to form a
liquid pool. The volatilization rate (release rate) shall be calculated
at the boiling point of the substance and at the conditions specified in
paragraph (d) of this section.
(d) Worst-case release scenario--toxic liquids. (1) For regulated
toxic substances that are normally liquids at ambient temperature, the
owner or operator shall assume that the quantity in the vessel or pipe,
as determined under paragraph (b) of this section, is spilled
instantaneously to form a liquid pool.
(i) The surface area of the pool shall be determined by assuming
that the liquid spreads to 1 centimeter deep unless passive mitigation
systems are in place that serve to contain the spill and limit the
surface area. Where passive mitigation is in place, the surface area of
the contained liquid shall be used to calculate the volatilization rate.
(ii) If the release would occur onto a surface that is not paved or
smooth, the owner or operator may take into account the actual surface
characteristics.
(2) The volatilization rate shall account for the highest daily
maximum temperature occurring in the past three years, the temperature
of the substance in the vessel, and the concentration of the substance
if the liquid spilled is a mixture or solution.
(3) The rate of release to air shall be determined from the
volatilization rate of the liquid pool. The owner or operator may use
the methodology in the RMP Offsite Consequence Analysis Guidance or any
other publicly available techniques that account for the modeling
conditions and are recognized by industry as applicable as part of
current practices. Proprietary models that account for the modeling
conditions may be used provided the owner or operator allows the
implementing agency access to the model and describes model features and
differences from publicly available models to local emergency planners
upon request.
(e) Worst-case release scenario--flammable gases. The owner or
operator shall assume that the quantity of the substance, as determined
under paragraph (b) of this section and the provisions below, vaporizes
resulting in a vapor cloud explosion. A yield factor of 10 percent of
the available energy released in the explosion shall be used to
determine the distance to the explosion endpoint if the model used is
based on TNT equivalent methods.
(1) For regulated flammable substances that are normally gases at
ambient temperature and handled as a gas or as a liquid under pressure,
the owner or operator shall assume that the quantity in the vessel or
pipe, as determined under paragraph (b) of this section, is released as
a gas over 10 minutes. The total quantity shall be assumed to be
involved in the vapor cloud explosion.
[[Page 166]]
(2) For flammable gases handled as refrigerated liquids at ambient
pressure:
(i) If the released substance is not contained by passive mitigation
systems or if the contained pool would have a depth of one centimeter or
less, the owner or operator shall assume that the total quantity of the
substance is released as a gas in 10 minutes, and the total quantity
will be involved in the vapor cloud explosion.
(ii) If the released substance is contained by passive mitigation
systems in a pool with a depth greater than 1 centimeter, the owner or
operator may assume that the quantity in the vessel or pipe, as
determined under paragraph (b) of this section, is spilled
instantaneously to form a liquid pool. The volatilization rate (release
rate) shall be calculated at the boiling point of the substance and at
the conditions specified in paragraph (d) of this section. The owner or
operator shall assume that the quantity which becomes vapor in the first
10 minutes is involved in the vapor cloud explosion.
(f) Worst-case release scenario--flammable liquids. The owner or
operator shall assume that the quantity of the substance, as determined
under paragraph (b) of this section and the provisions below, vaporizes
resulting in a vapor cloud explosion. A yield factor of 10 percent of
the available energy released in the explosion shall be used to
determine the distance to the explosion endpoint if the model used is
based on TNT equivalent methods.
(1) For regulated flammable substances that are normally liquids at
ambient temperature, the owner or operator shall assume that the entire
quantity in the vessel or pipe, as determined under paragraph (b) of
this section, is spilled instantaneously to form a liquid pool. For
liquids at temperatures below their atmospheric boiling point, the
volatilization rate shall be calculated at the conditions specified in
paragraph (d) of this section.
(2) The owner or operator shall assume that the quantity which
becomes vapor in the first 10 minutes is involved in the vapor cloud
explosion.
(g) Parameters to be applied. The owner or operator shall use the
parameters defined in Sec. 68.22 to determine distance to the endpoints.
The owner or operator may use the methodology provided in the RMP
Offsite Consequence Analysis Guidance or any commercially or publicly
available air dispersion modeling techniques, provided the techniques
account for the modeling conditions and are recognized by industry as
applicable as part of current practices. Proprietary models that account
for the modeling conditions may be used provided the owner or operator
allows the implementing agency access to the model and describes model
features and differences from publicly available models to local
emergency planners upon request.
(h) Consideration of passive mitigation. Passive mitigation systems
may be considered for the analysis of worst case provided that the
mitigation system is capable of withstanding the release event
triggering the scenario and would still function as intended.
(i) Factors in selecting a worst-case scenario. Notwithstanding the
provisions of paragraph (b) of this section, the owner or operator shall
select as the worst case for flammable regulated substances or the worst
case for regulated toxic substances, a scenario based on the following
factors if such a scenario would result in a greater distance to an
endpoint defined in Sec. 68.22(a) beyond the stationary source boundary
than the scenario provided under paragraph (b) of this section:
(1) Smaller quantities handled at higher process temperature or
pressure; and
(2) Proximity to the boundary of the stationary source.
[61 FR 31718, June 20, 1996, as amended at 64 FR 28700, May 26, 1999]
Sec. 68.28 Alternative release scenario analysis.
(a) The number of scenarios. The owner or operator shall identify
and analyze at least one alternative release scenario for each regulated
toxic substance held in a covered process(es) and at least one
alternative release scenario to represent all flammable substances held
in covered processes.
(b) Scenarios to consider. (1) For each scenario required under
paragraph (a) of this section, the owner or operator shall select a
scenario:
[[Page 167]]
(i) That is more likely to occur than the worst-case release
scenario under Sec. 68.25; and
(ii) That will reach an endpoint offsite, unless no such scenario
exists.
(2) Release scenarios considered should include, but are not limited
to, the following, where applicable:
(i) Transfer hose releases due to splits or sudden hose uncoupling;
(ii) Process piping releases from failures at flanges, joints,
welds, valves and valve seals, and drains or bleeds;
(iii) Process vessel or pump releases due to cracks, seal failure,
or drain, bleed, or plug failure;
(iv) Vessel overfilling and spill, or overpressurization and venting
through relief valves or rupture disks; and
(v) Shipping container mishandling and breakage or puncturing
leading to a spill.
(c) Parameters to be applied. The owner or operator shall use the
appropriate parameters defined in Sec. 68.22 to determine distance to
the endpoints. The owner or operator may use either the methodology
provided in the RMP Offsite Consequence Analysis Guidance or any
commercially or publicly available air dispersion modeling techniques,
provided the techniques account for the specified modeling conditions
and are recognized by industry as applicable as part of current
practices. Proprietary models that account for the modeling conditions
may be used provided the owner or operator allows the implementing
agency access to the model and describes model features and differences
from publicly available models to local emergency planners upon request.
(d) Consideration of mitigation. Active and passive mitigation
systems may be considered provided they are capable of withstanding the
event that triggered the release and would still be functional.
(e) Factors in selecting scenarios. The owner or operator shall
consider the following in selecting alternative release scenarios:
(1) The five-year accident history provided in Sec. 68.42; and
(2) Failure scenarios identified under Sec. 68.50 or Sec. 68.67.
Sec. 68.30 Defining offsite impacts--population.
(a) The owner or operator shall estimate in the RMP the population
within a circle with its center at the point of the release and a radius
determined by the distance to the endpoint defined in Sec. 68.22(a).
(b) Population to be defined. Population shall include residential
population. The presence of institutions (schools, hospitals, prisons),
parks and recreational areas, and major commercial, office, and
industrial buildings shall be noted in the RMP.
(c) Data sources acceptable. The owner or operator may use the most
recent Census data, or other updated information, to estimate the
population potentially affected.
(d) Level of accuracy. Population shall be estimated to two
significant digits.
Sec. 68.33 Defining offsite impacts--environment.
(a) The owner or operator shall list in the RMP environmental
receptors within a circle with its center at the point of the release
and a radius determined by the distance to the endpoint defined in
Sec. 68.22(a) of this part.
(b) Data sources acceptable. The owner or operator may rely on
information provided on local U.S. Geological Survey maps or on any data
source containing U.S.G.S. data to identify environmental receptors.
68.36 Review and update.
(a) The owner or operator shall review and update the offsite
consequence analyses at least once every five years.
(b) If changes in processes, quantities stored or handled, or any
other aspect of the stationary source might reasonably be expected to
increase or decrease the distance to the endpoint by a factor of two or
more, the owner or operator shall complete a revised analysis within six
months of the change and submit a revised risk management plan as
provided in Sec. 68.190.
Sec. 68.39 Documentation.
The owner or operator shall maintain the following records on the
offsite consequence analyses:
[[Page 168]]
(a) For worst-case scenarios, a description of the vessel or
pipeline and substance selected as worst case, assumptions and
parameters used, and the rationale for selection; assumptions shall
include use of any administrative controls and any passive mitigation
that were assumed to limit the quantity that could be released.
Documentation shall include the anticipated effect of the controls and
mitigation on the release quantity and rate.
(b) For alternative release scenarios, a description of the
scenarios identified, assumptions and parameters used, and the rationale
for the selection of specific scenarios; assumptions shall include use
of any administrative controls and any mitigation that were assumed to
limit the quantity that could be released. Documentation shall include
the effect of the controls and mitigation on the release quantity and
rate.
(c) Documentation of estimated quantity released, release rate, and
duration of release.
(d) Methodology used to determine distance to endpoints.
(e) Data used to estimate population and environmental receptors
potentially affected.
Sec. 68.42 Five-year accident history.
(a) The owner or operator shall include in the five-year accident
history all accidental releases from covered processes that resulted in
deaths, injuries, or significant property damage on site, or known
offsite deaths, injuries, evacuations, sheltering in place, property
damage, or environmental damage.
(b) Data required. For each accidental release included, the owner
or operator shall report the following information:
(1) Date, time, and approximate duration of the release;
(2) Chemical(s) released;
(3) Estimated quantity released in pounds and, for mixtures
containing regulated toxic substances, percentage concentration by
weight of the released regulated toxic substance in the liquid mixture;
(4) Five- or six-digit NAICS code that most closely corresponds to
the process;
(5) The type of release event and its source;
(6) Weather conditions, if known;
(7) On-site impacts;
(8) Known offsite impacts;
(9) Initiating event and contributing factors if known;
(10) Whether offsite responders were notified if known; and
(11) Operational or process changes that resulted from investigation
of the release.
(c) Level of accuracy. Numerical estimates may be provided to two
significant digits.
[61 FR 31718, June 20, 1996, as amended at 64 FR 979, Jan. 6, 1999]
Subpart C--Program 2 Prevention Program
Source: 61 FR 31721, June 20, 1996, unless otherwise noted.
Sec. 68.48 Safety information.
(a) The owner or operator shall compile and maintain the following
up-to-date safety information related to the regulated substances,
processes, and equipment:
(1) Material Safety Data Sheets that meet the requirements of 29 CFR
1910.1200(g);
(2) Maximum intended inventory of equipment in which the regulated
substances are stored or processed;
(3) Safe upper and lower temperatures, pressures, flows, and
compositions;
(4) Equipment specifications; and
(5) Codes and standards used to design, build, and operate the
process.
(b) The owner or operator shall ensure that the process is designed
in compliance with recognized and generally accepted good engineering
practices. Compliance with Federal or state regulations that address
industry-specific safe design or with industry-specific design codes and
standards may be used to demonstrate compliance with this paragraph.
(c) The owner or operator shall update the safety information if a
major change occurs that makes the information inaccurate.
[[Page 169]]
Sec. 68.50 Hazard review.
(a) The owner or operator shall conduct a review of the hazards
associated with the regulated substances, process, and procedures. The
review shall identify the following:
(1) The hazards associated with the process and regulated
substances;
(2) Opportunities for equipment malfunctions or human errors that
could cause an accidental release;
(3) The safeguards used or needed to control the hazards or prevent
equipment malfunction or human error; and
(4) Any steps used or needed to detect or monitor releases.
(b) The owner or operator may use checklists developed by persons or
organizations knowledgeable about the process and equipment as a guide
to conducting the review. For processes designed to meet industry
standards or Federal or state design rules, the hazard review shall, by
inspecting all equipment, determine whether the process is designed,
fabricated, and operated in accordance with the applicable standards or
rules.
(c) The owner or operator shall document the results of the review
and ensure that problems identified are resolved in a timely manner.
(d) The review shall be updated at least once every five years. The
owner or operator shall also conduct reviews whenever a major change in
the process occurs; all issues identified in the review shall be
resolved before startup of the changed process.
Sec. 68.52 Operating procedures.
(a) The owner or operator shall prepare written operating procedures
that provide clear instructions or steps for safely conducting
activities associated with each covered process consistent with the
safety information for that process. Operating procedures or
instructions provided by equipment manufacturers or developed by persons
or organizations knowledgeable about the process and equipment may be
used as a basis for a stationary source's operating procedures.
(b) The procedures shall address the following:
(1) Initial startup;
(2) Normal operations;
(3) Temporary operations;
(4) Emergency shutdown and operations;
(5) Normal shutdown;
(6) Startup following a normal or emergency shutdown or a major
change that requires a hazard review;
(7) Consequences of deviations and steps required to correct or
avoid deviations; and
(8) Equipment inspections.
(c) The owner or operator shall ensure that the operating procedures
are updated, if necessary, whenever a major change occurs and prior to
startup of the changed process.
Sec. 68.54 Training.
(a) The owner or operator shall ensure that each employee presently
operating a process, and each employee newly assigned to a covered
process have been trained or tested competent in the operating
procedures provided in Sec. 68.52 that pertain to their duties. For
those employees already operating a process on June 21, 1999, the owner
or operator may certify in writing that the employee has the required
knowledge, skills, and abilities to safely carry out the duties and
responsibilities as provided in the operating procedures.
(b) Refresher training. Refresher training shall be provided at
least every three years, and more often if necessary, to each employee
operating a process to ensure that the employee understands and adheres
to the current operating procedures of the process. The owner or
operator, in consultation with the employees operating the process,
shall determine the appropriate frequency of refresher training.
(c) The owner or operator may use training conducted under Federal
or state regulations or under industry-specific standards or codes or
training conducted by covered process equipment vendors to demonstrate
compliance with this section to the extent that the training meets the
requirements of this section.
(d) The owner or operator shall ensure that operators are trained in
any updated or new procedures prior to startup of a process after a
major change.
[[Page 170]]
Sec. 68.56 Maintenance.
(a) The owner or operator shall prepare and implement procedures to
maintain the on-going mechanical integrity of the process equipment. The
owner or operator may use procedures or instructions provided by covered
process equipment vendors or procedures in Federal or state regulations
or industry codes as the basis for stationary source maintenance
procedures.
(b) The owner or operator shall train or cause to be trained each
employee involved in maintaining the on-going mechanical integrity of
the process. To ensure that the employee can perform the job tasks in a
safe manner, each such employee shall be trained in the hazards of the
process, in how to avoid or correct unsafe conditions, and in the
procedures applicable to the employee's job tasks.
(c) Any maintenance contractor shall ensure that each contract
maintenance employee is trained to perform the maintenance procedures
developed under paragraph (a) of this section.
(d) The owner or operator shall perform or cause to be performed
inspections and tests on process equipment. Inspection and testing
procedures shall follow recognized and generally accepted good
engineering practices. The frequency of inspections and tests of process
equipment shall be consistent with applicable manufacturers'
recommendations, industry standards or codes, good engineering
practices, and prior operating experience.
Sec. 68.58 Compliance audits.
(a) The owner or operator shall certify that they have evaluated
compliance with the provisions of this subpart at least every three
years to verify that the procedures and practices developed under the
rule are adequate and are being followed.
(b) The compliance audit shall be conducted by at least one person
knowledgeable in the process.
(c) The owner or operator shall develop a report of the audit
findings.
(d) The owner or operator shall promptly determine and document an
appropriate response to each of the findings of the compliance audit and
document that deficiencies have been corrected.
(e) The owner or operator shall retain the two (2) most recent
compliance audit reports. This requirement does not apply to any
compliance audit report that is more than five years old.
Sec. 68.60 Incident investigation.
(a) The owner or operator shall investigate each incident which
resulted in, or could reasonably have resulted in a catastrophic
release.
(b) An incident investigation shall be initiated as promptly as
possible, but not later than 48 hours following the incident.
(c) A summary shall be prepared at the conclusion of the
investigation which includes at a minimum:
(1) Date of incident;
(2) Date investigation began;
(3) A description of the incident;
(4) The factors that contributed to the incident; and,
(5) Any recommendations resulting from the investigation.
(d) The owner or operator shall promptly address and resolve the
investigation findings and recommendations. Resolutions and corrective
actions shall be documented.
(e) The findings shall be reviewed with all affected personnel whose
job tasks are affected by the findings.
(f) Investigation summaries shall be retained for five years.
Subpart D--Program 3 Prevention Program
Source: 61 FR 31722, June 20, 1996, unless otherwise noted.
Sec. 68.65 Process safety information.
(a) In accordance with the schedule set forth in Sec. 68.67, the
owner or operator shall complete a compilation of written process safety
information before conducting any process hazard analysis required by
the rule. The compilation of written process safety information is to
enable the owner or operator and the employees involved in operating the
process to identify and understand the hazards posed by those
[[Page 171]]
processes involving regulated substances. This process safety
information shall include information pertaining to the hazards of the
regulated substances used or produced by the process, information
pertaining to the technology of the process, and information pertaining
to the equipment in the process.
(b) Information pertaining to the hazards of the regulated
substances in the process. This information shall consist of at least
the following:
(1) Toxicity information;
(2) Permissible exposure limits;
(3) Physical data;
(4) Reactivity data:
(5) Corrosivity data;
(6) Thermal and chemical stability data; and
(7) Hazardous effects of inadvertent mixing of different materials
that could foreseeably occur.
Note to paragraph (b):
Material Safety Data Sheets meeting the requirements of 29 CFR
1910.1200(g) may be used to comply with this requirement to the extent
they contain the information required by this subparagraph.
(c) Information pertaining to the technology of the process.
(1) Information concerning the technology of the process shall
include at least the following:
(i) A block flow diagram or simplified process flow diagram;
(ii) Process chemistry;
(iii) Maximum intended inventory;
(iv) Safe upper and lower limits for such items as temperatures,
pressures, flows or compositions; and,
(v) An evaluation of the consequences of deviations.
(2) Where the original technical information no longer exists, such
information may be developed in conjunction with the process hazard
analysis in sufficient detail to support the analysis.
(d) Information pertaining to the equipment in the process.
(1) Information pertaining to the equipment in the process shall
include:
(i) Materials of construction;
(ii) Piping and instrument diagrams (P&ID's);
(iii) Electrical classification;
(iv) Relief system design and design basis;
(v) Ventilation system design;
(vi) Design codes and standards employed;
(vii) Material and energy balances for processes built after June
21, 1999; and
(viii) Safety systems (e.g. interlocks, detection or suppression
systems).
(2) The owner or operator shall document that equipment complies
with recognized and generally accepted good engineering practices.
(3) For existing equipment designed and constructed in accordance
with codes, standards, or practices that are no longer in general use,
the owner or operator shall determine and document that the equipment is
designed, maintained, inspected, tested, and operating in a safe manner.
Sec. 68.67 Process hazard analysis.
(a) The owner or operator shall perform an initial process hazard
analysis (hazard evaluation) on processes covered by this part. The
process hazard analysis shall be appropriate to the complexity of the
process and shall identify, evaluate, and control the hazards involved
in the process. The owner or operator shall determine and document the
priority order for conducting process hazard analyses based on a
rationale which includes such considerations as extent of the process
hazards, number of potentially affected employees, age of the process,
and operating history of the process. The process hazard analysis shall
be conducted as soon as possible, but not later than June 21, 1999.
Process hazards analyses completed to comply with 29 CFR 1910.119(e) are
acceptable as initial process hazards analyses. These process hazard
analyses shall be updated and revalidated, based on their completion
date.
(b) The owner or operator shall use one or more of the following
methodologies that are appropriate to determine and evaluate the hazards
of the process being analyzed.
(1) What-If;
(2) Checklist;
(3) What-If/Checklist;
(4) Hazard and Operability Study (HAZOP);
(5) Failure Mode and Effects Analysis (FMEA);
(6) Fault Tree Analysis; or
[[Page 172]]
(7) An appropriate equivalent methodology.
(c) The process hazard analysis shall address:
(1) The hazards of the process;
(2) The identification of any previous incident which had a likely
potential for catastrophic consequences.
(3) Engineering and administrative controls applicable to the
hazards and their interrelationships such as appropriate application of
detection methodologies to provide early warning of releases.
(Acceptable detection methods might include process monitoring and
control instrumentation with alarms, and detection hardware such as
hydrocarbon sensors.);
(4) Consequences of failure of engineering and administrative
controls;
(5) Stationary source siting;
(6) Human factors; and
(7) A qualitative evaluation of a range of the possible safety and
health effects of failure of controls.
(d) The process hazard analysis shall be performed by a team with
expertise in engineering and process operations, and the team shall
include at least one employee who has experience and knowledge specific
to the process being evaluated. Also, one member of the team must be
knowledgeable in the specific process hazard analysis methodology being
used.
(e) The owner or operator shall establish a system to promptly
address the team's findings and recommendations; assure that the
recommendations are resolved in a timely manner and that the resolution
is documented; document what actions are to be taken; complete actions
as soon as possible; develop a written schedule of when these actions
are to be completed; communicate the actions to operating, maintenance
and other employees whose work assignments are in the process and who
may be affected by the recommendations or actions.
(f) At least every five (5) years after the completion of the
initial process hazard analysis, the process hazard analysis shall be
updated and revalidated by a team meeting the requirements in paragraph
(d) of this section, to assure that the process hazard analysis is
consistent with the current process. Updated and revalidated process
hazard analyses completed to comply with 29 CFR 1910.119(e) are
acceptable to meet the requirements of this paragraph.
(g) The owner or operator shall retain process hazards analyses and
updates or revalidations for each process covered by this section, as
well as the documented resolution of recommendations described in
paragraph (e) of this section for the life of the process.
Sec. 68.69 Operating procedures.
(a) The owner or operator shall develop and implement written
operating procedures that provide clear instructions for safely
conducting activities involved in each covered process consistent with
the process safety information and shall address at least the following
elements.
(1) Steps for each operating phase:
(i) Initial startup;
(ii) Normal operations;
(iii) Temporary operations;
(iv) Emergency shutdown including the conditions under which
emergency shutdown is required, and the assignment of shutdown
responsibility to qualified operators to ensure that emergency shutdown
is executed in a safe and timely manner.
(v) Emergency operations;
(vi) Normal shutdown; and,
(vii) Startup following a turnaround, or after an emergency
shutdown.
(2) Operating limits:
(i) Consequences of deviation; and
(ii) Steps required to correct or avoid deviation.
(3) Safety and health considerations:
(i) Properties of, and hazards presented by, the chemicals used in
the process;
(ii) Precautions necessary to prevent exposure, including
engineering controls, administrative controls, and personal protective
equipment;
(iii) Control measures to be taken if physical contact or airborne
exposure occurs;
(iv) Quality control for raw materials and control of hazardous
chemical inventory levels; and,
(v) Any special or unique hazards.
(4) Safety systems and their functions.
[[Page 173]]
(b) Operating procedures shall be readily accessible to employees
who work in or maintain a process.
(c) The operating procedures shall be reviewed as often as necessary
to assure that they reflect current operating practice, including
changes that result from changes in process chemicals, technology, and
equipment, and changes to stationary sources. The owner or operator
shall certify annually that these operating procedures are current and
accurate.
(d) The owner or operator shall develop and implement safe work
practices to provide for the control of hazards during operations such
as lockout/tagout; confined space entry; opening process equipment or
piping; and control over entrance into a stationary source by
maintenance, contractor, laboratory, or other support personnel. These
safe work practices shall apply to employees and contractor employees.
Sec. 68.71 Training.
(a) Initial training. (1) Each employee presently involved in
operating a process, and each employee before being involved in
operating a newly assigned process, shall be trained in an overview of
the process and in the operating procedures as specified in Sec. 68.69.
The training shall include emphasis on the specific safety and health
hazards, emergency operations including shutdown, and safe work
practices applicable to the employee's job tasks.
(2) In lieu of initial training for those employees already involved
in operating a process on June 21, 1999 an owner or operator may certify
in writing that the employee has the required knowledge, skills, and
abilities to safely carry out the duties and responsibilities as
specified in the operating procedures.
(b) Refresher training. Refresher training shall be provided at
least every three years, and more often if necessary, to each employee
involved in operating a process to assure that the employee understands
and adheres to the current operating procedures of the process. The
owner or operator, in consultation with the employees involved in
operating the process, shall determine the appropriate frequency of
refresher training.
(c) Training documentation. The owner or operator shall ascertain
that each employee involved in operating a process has received and
understood the training required by this paragraph. The owner or
operator shall prepare a record which contains the identity of the
employee, the date of training, and the means used to verify that the
employee understood the training.
Sec. 68.73 Mechanical integrity.
(a) Application. Paragraphs (b) through (f) of this section apply to
the following process equipment:
(1) Pressure vessels and storage tanks;
(2) Piping systems (including piping components such as valves);
(3) Relief and vent systems and devices;
(4) Emergency shutdown systems;
(5) Controls (including monitoring devices and sensors, alarms, and
interlocks) and,
(6) Pumps.
(b) Written procedures. The owner or operator shall establish and
implement written procedures to maintain the on-going integrity of
process equipment.
(c) Training for process maintenance activities. The owner or
operator shall train each employee involved in maintaining the on-going
integrity of process equipment in an overview of that process and its
hazards and in the procedures applicable to the employee's job tasks to
assure that the employee can perform the job tasks in a safe manner.
(d) Inspection and testing. (1) Inspections and tests shall be
performed on process equipment.
(2) Inspection and testing procedures shall follow recognized and
generally accepted good engineering practices.
(3) The frequency of inspections and tests of process equipment
shall be consistent with applicable manufacturers' recommendations and
good engineering practices, and more frequently if determined to be
necessary by prior operating experience.
(4) The owner or operator shall document each inspection and test
that has been performed on process equipment. The documentation shall
identify the
[[Page 174]]
date of the inspection or test, the name of the person who performed the
inspection or test, the serial number or other identifier of the
equipment on which the inspection or test was performed, a description
of the inspection or test performed, and the results of the inspection
or test.
(e) Equipment deficiencies. The owner or operator shall correct
deficiencies in equipment that are outside acceptable limits (defined by
the process safety information in Sec. 68.65) before further use or in a
safe and timely manner when necessary means are taken to assure safe
operation.
(f) Quality assurance. (1) In the construction of new plants and
equipment, the owner or operator shall assure that equipment as it is
fabricated is suitable for the process application for which they will
be used.
(2) Appropriate checks and inspections shall be performed to assure
that equipment is installed properly and consistent with design
specifications and the manufacturer's instructions.
(3) The owner or operator shall assure that maintenance materials,
spare parts and equipment are suitable for the process application for
which they will be used.
Sec. 68.75 Management of change.
(a) The owner or operator shall establish and implement written
procedures to manage changes (except for ``replacements in kind'') to
process chemicals, technology, equipment, and procedures; and, changes
to stationary sources that affect a covered process.
(b) The procedures shall assure that the following considerations
are addressed prior to any change:
(1) The technical basis for the proposed change;
(2) Impact of change on safety and health;
(3) Modifications to operating procedures;
(4) Necessary time period for the change; and,
(5) Authorization requirements for the proposed change.
(c) Employees involved in operating a process and maintenance and
contract employees whose job tasks will be affected by a change in the
process shall be informed of, and trained in, the change prior to start-
up of the process or affected part of the process.
(d) If a change covered by this paragraph results in a change in the
process safety information required by Sec. 68.65 of this part, such
information shall be updated accordingly.
(e) If a change covered by this paragraph results in a change in the
operating procedures or practices required by Sec. 68.69, such
procedures or practices shall be updated accordingly.
Sec. 68.77 Pre-startup review.
(a) The owner or operator shall perform a pre-startup safety review
for new stationary sources and for modified stationary sources when the
modification is significant enough to require a change in the process
safety information.
(b) The pre-startup safety review shall confirm that prior to the
introduction of regulated substances to a process:
(1) Construction and equipment is in accordance with design
specifications;
(2) Safety, operating, maintenance, and emergency procedures are in
place and are adequate;
(3) For new stationary sources, a process hazard analysis has been
performed and recommendations have been resolved or implemented before
startup; and modified stationary sources meet the requirements contained
in management of change, Sec. 68.75.
(4) Training of each employee involved in operating a process has
been completed.
Sec. 68.79 Compliance audits.
(a) The owner or operator shall certify that they have evaluated
compliance with the provisions of this subpart at least every three
years to verify that procedures and practices developed under this
subpart are adequate and are being followed.
(b) The compliance audit shall be conducted by at least one person
knowledgeable in the process.
(c) A report of the findings of the audit shall be developed.
(d) The owner or operator shall promptly determine and document an
appropriate response to each of the findings of the compliance audit,
and
[[Page 175]]
document that deficiencies have been corrected.
(e) The owner or operator shall retain the two (2) most recent
compliance audit reports.
[61 FR 31722, June 20, 1996, as amended at 64 FR 979, Jan. 6, 1999]
Sec. 68.81 Incident investigation.
(a) The owner or operator shall investigate each incident which
resulted in, or could reasonably have resulted in a catastrophic release
of a regulated substance.
(b) An incident investigation shall be initiated as promptly as
possible, but not later than 48 hours following the incident.
(c) An incident investigation team shall be established and consist
of at least one person knowledgeable in the process involved, including
a contract employee if the incident involved work of the contractor, and
other persons with appropriate knowledge and experience to thoroughly
investigate and analyze the incident.
(d) A report shall be prepared at the conclusion of the
investigation which includes at a minimum:
(1) Date of incident;
(2) Date investigation began;
(3) A description of the incident;
(4) The factors that contributed to the incident; and,
(5) Any recommendations resulting from the investigation.
(e) The owner or operator shall establish a system to promptly
address and resolve the incident report findings and recommendations.
Resolutions and corrective actions shall be documented.
(f) The report shall be reviewed with all affected personnel whose
job tasks are relevant to the incident findings including contract
employees where applicable.
(g) Incident investigation reports shall be retained for five years.
Sec. 68.83 Employee participation.
(a) The owner or operator shall develop a written plan of action
regarding the implementation of the employee participation required by
this section.
(b) The owner or operator shall consult with employees and their
representatives on the conduct and development of process hazards
analyses and on the development of the other elements of process safety
management in this rule.
(c) The owner or operator shall provide to employees and their
representatives access to process hazard analyses and to all other
information required to be developed under this rule.
Sec. 68.85 Hot work permit.
(a) The owner or operator shall issue a hot work permit for hot work
operations conducted on or near a covered process.
(b) The permit shall document that the fire prevention and
protection requirements in 29 CFR 1910.252(a) have been implemented
prior to beginning the hot work operations; it shall indicate the
date(s) authorized for hot work; and identify the object on which hot
work is to be performed. The permit shall be kept on file until
completion of the hot work operations.
Sec. 68.87 Contractors.
(a) Application. This section applies to contractors performing
maintenance or repair, turnaround, major renovation, or specialty work
on or adjacent to a covered process. It does not apply to contractors
providing incidental services which do not influence process safety,
such as janitorial work, food and drink services, laundry, delivery or
other supply services.
(b) Owner or operator responsibilities. (1) The owner or operator,
when selecting a contractor, shall obtain and evaluate information
regarding the contract owner or operator's safety performance and
programs.
(2) The owner or operator shall inform contract owner or operator of
the known potential fire, explosion, or toxic release hazards related to
the contractor's work and the process.
(3) The owner or operator shall explain to the contract owner or
operator the applicable provisions of subpart E of this part.
(4) The owner or operator shall develop and implement safe work
practices consistent with Sec. 68.69(d), to control the entrance,
presence, and exit of the contract owner or operator and contract
employees in covered process areas.
[[Page 176]]
(5) The owner or operator shall periodically evaluate the
performance of the contract owner or operator in fulfilling their
obligations as specified in paragraph (c) of this section.
(c) Contract owner or operator responsibilities. (1) The contract
owner or operator shall assure that each contract employee is trained in
the work practices necessary to safely perform his/her job.
(2) The contract owner or operator shall assure that each contract
employee is instructed in the known potential fire, explosion, or toxic
release hazards related to his/her job and the process, and the
applicable provisions of the emergency action plan.
(3) The contract owner or operator shall document that each contract
employee has received and understood the training required by this
section. The contract owner or operator shall prepare a record which
contains the identity of the contract employee, the date of training,
and the means used to verify that the employee understood the training.
(4) The contract owner or operator shall assure that each contract
employee follows the safety rules of the stationary source including the
safe work practices required by Sec. 68.69(d).
(5) The contract owner or operator shall advise the owner or
operator of any unique hazards presented by the contract owner or
operator's work, or of any hazards found by the contract owner or
operator's work.
Subpart E--Emergency Response
Source: 61 FR 31725, June 20, 1996, unless otherwise noted.
Sec. 68.90 Applicability.
(a) Except as provided in paragraph (b) of this section, the owner
or operator of a stationary source with Program 2 and Program 3
processes shall comply with the requirements of Sec. 68.95.
(b) The owner or operator of stationary source whose employees will
not respond to accidental releases of regulated substances need not
comply with Sec. 68.95 of this part provided that they meet the
following:
(1) For stationary sources with any regulated toxic substance held
in a process above the threshold quantity, the stationary source is
included in the community emergency response plan developed under 42
U.S.C. 11003;
(2) For stationary sources with only regulated flammable substances
held in a process above the threshold quantity, the owner or operator
has coordinated response actions with the local fire department; and
(3) Appropriate mechanisms are in place to notify emergency
responders when there is a need for a response.
Sec. 68.95 Emergency response program.
(a) The owner or operator shall develop and implement an emergency
response program for the purpose of protecting public health and the
environment. Such program shall include the following elements:
(1) An emergency response plan, which shall be maintained at the
stationary source and contain at least the following elements:
(i) Procedures for informing the public and local emergency response
agencies about accidental releases;
(ii) Documentation of proper first-aid and emergency medical
treatment necessary to treat accidental human exposures; and
(iii) Procedures and measures for emergency response after an
accidental release of a regulated substance;
(2) Procedures for the use of emergency response equipment and for
its inspection, testing, and maintenance;
(3) Training for all employees in relevant procedures; and
(4) Procedures to review and update, as appropriate, the emergency
response plan to reflect changes at the stationary source and ensure
that employees are informed of changes.
(b) A written plan that complies with other Federal contingency plan
regulations or is consistent with the approach in the National Response
Team's Integrated Contingency Plan Guidance (``One Plan'') and that,
among other matters, includes the elements provided in paragraph (a) of
this section, shall satisfy the requirements of this section if the
owner or operator also complies with paragraph (c) of this section.
(c) The emergency response plan developed under paragraph (a)(1) of
this
[[Page 177]]
section shall be coordinated with the community emergency response plan
developed under 42 U.S.C. 11003. Upon request of the local emergency
planning committee or emergency response officials, the owner or
operator shall promptly provide to the local emergency response
officials information necessary for developing and implementing the
community emergency response plan.
Subpart F--Regulated Substances for Accidental Release Prevention
Source: 59 FR 4493, Jan. 31, 1994, unless otherwise noted.
Redesignated at 61 FR 31717, June 20, 1996.
Sec. 68.100 Purpose.
This subpart designates substances to be listed under section
112(r)(3), (4), and (5) of the Clean Air Act, as amended, identifies
their threshold quantities, and establishes the requirements for
petitioning to add or delete substances from the list.
Sec. 68.115 Threshold determination.
(a) A threshold quantity of a regulated substance listed in
Sec. 68.130 is present at a stationary source if the total quantity of
the regulated substance contained in a process exceeds the threshold.
(b) For the purposes of determining whether more than a threshold
quantity of a regulated substance is present at the stationary source,
the following exemptions apply:
(1) Concentrations of a regulated toxic substance in a mixture. If a
regulated substance is present in a mixture and the concentration of the
substance is below one percent by weight of the mixture, the amount of
the substance in the mixture need not be considered when determining
whether more than a threshold quantity is present at the stationary
source. Except for oleum, toluene 2,4-diisocyanate, toluene 2,6-
diisocyanate, and toluene diisocyanate (unspecified isomer), if the
concentration of the regulated substance in the mixture is one percent
or greater by weight, but the owner or operator can demonstrate that the
partial pressure of the regulated substance in the mixture (solution)
under handling or storage conditions in any portion of the process is
less than 10 millimeters of mercury (mm Hg), the amount of the substance
in the mixture in that portion of the process need not be considered
when determining whether more than a threshold quantity is present at
the stationary source. The owner or operator shall document this partial
pressure measurement or estimate.
(2) Concentrations of a regulated flammable substance in a mixture.
(i) General provision. If a regulated substance is present in a mixture
and the concentration of the substance is below one percent by weight of
the mixture, the mixture need not be considered when determining whether
more than a threshold quantity of the regulated substance is present at
the stationary source. Except as provided in paragraph (b)(2) (ii) and
(iii) of this section, if the concentration of the substance is one
percent or greater by weight of the mixture, then, for purposes of
determining whether a threshold quantity is present at the stationary
source, the entire weight of the mixture shall be treated as the
regulated substance unless the owner or operator can demonstrate that
the mixture itself does not have a National Fire Protection Association
flammability hazard rating of 4. The demonstration shall be in
accordance with the definition of flammability hazard rating 4 in the
NFPA 704, Standard System for the Identification of the Hazards of
Materials for Emergency Response, National Fire Protection Association,
Quincy, MA, 1996. Available from the National Fire Protection
Association, 1 Batterymarch Park, Quincy, MA 02269-9101. This
incorporation by reference was approved by the Director of the Federal
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies
may be inspected at the Environmental Protection Agency Air Docket
(6102), Attn: Docket No. A-96-O8, Waterside Mall, 401 M. St. SW.,
Washington DC; or at the Office of Federal Register at 800 North Capitol
St., NW, Suite 700, Washington, DC. Boiling point and flash point shall
be defined and determined in accordance with NFPA 30, Flammable and
Combustible Liquids Code, National Fire Protection Association, Quincy,
MA, 1996. Available
[[Page 178]]
from the National Fire Protection Association, 1 Batterymarch Park,
Quincy, MA 02269-9101. This incorporation by reference was approved by
the Director of the Federal Register in accordance with 5 U.S.C. 552(a)
and 1 CFR part 51. Copies may be inspected at the Environmental
Protection Agency Air Docket (6102), Attn: Docket No. A-96-O8, Waterside
Mall, 401 M. St. SW., Washington DC; or at the Office of Federal
Register at 800 North Capitol St., NW., Suite 700, Washington, DC. The
owner or operator shall document the National Fire Protection
Association flammability hazard rating.
(ii) Gasoline. Regulated substances in gasoline, when in
distribution or related storage for use as fuel for internal combustion
engines, need not be considered when determining whether more than a
threshold quantity is present at a stationary source.
(iii) Naturally occurring hydrocarbon mixtures. Prior to entry into
a natural gas processing plant or a petroleum refining process unit,
regulated substances in naturally occurring hydrocarbon mixtures need
not be considered when determining whether more than a threshold
quantity is present at a stationary source. Naturally occurring
hydrocarbon mixtures include any combination of the following:
condensate, crude oil, field gas, and produced water, each as defined in
Sec. 68.3 of this part.
(3) Articles. Regulated substances contained in articles need not be
considered when determining whether more than a threshold quantity is
present at the stationary source.
(4) Uses. Regulated substances, when in use for the following
purposes, need not be included in determining whether more than a
threshold quantity is present at the stationary source:
(i) Use as a structural component of the stationary source;
(ii) Use of products for routine janitorial maintenance;
(iii) Use by employees of foods, drugs, cosmetics, or other personal
items containing the regulated substance; and
(iv) Use of regulated substances present in process water or non-
contact cooling water as drawn from the environment or municipal
sources, or use of regulated substances present in air used either as
compressed air or as part of combustion.
(5) Activities in laboratories. If a regulated substance is
manufactured, processed, or used in a laboratory at a stationary source
under the supervision of a technically qualified individual as defined
in Sec. 720.3(ee) of this chapter, the quantity of the substance need
not be considered in determining whether a threshold quantity is
present. This exemption does not apply to:
(i) Specialty chemical production;
(ii) Manufacture, processing, or use of substances in pilot plant
scale operations; and
(iii) Activities conducted outside the laboratory.
[59 FR 4493, Jan. 31, 1994. Redesignated at 61 FR 31717, June 20, 1996,
as amended at 63 FR 645, Jan. 6, 1998]
Sec. 68.120 Petition process.
(a) Any person may petition the Administrator to modify, by addition
or deletion, the list of regulated substances identified in Sec. 68.130.
Based on the information presented by the petitioner, the Administrator
may grant or deny a petition.
(b) A substance may be added to the list if, in the case of an
accidental release, it is known to cause or may be reasonably
anticipated to cause death, injury, or serious adverse effects to human
health or the environment.
(c) A substance may be deleted from the list if adequate data on the
health and environmental effects of the substance are available to
determine that the substance, in the case of an accidental release, is
not known to cause and may not be reasonably anticipated to cause death,
injury, or serious adverse effects to human health or the environment.
(d) No substance for which a national primary ambient air quality
standard has been established shall be added to the list. No substance
regulated under title VI of the Clean Air Act, as amended, shall be
added to the list.
(e) The burden of proof is on the petitioner to demonstrate that the
criteria for addition and deletion are met. A petition will be denied if
this demonstration is not made.
[[Page 179]]
(f) The Administrator will not accept additional petitions on the
same substance following publication of a final notice of the decision
to grant or deny a petition, unless new data becomes available that
could significantly affect the basis for the decision.
(g) Petitions to modify the list of regulated substances must
contain the following:
(1) Name and address of the petitioner and a brief description of
the organization(s) that the petitioner represents, if applicable;
(2) Name, address, and telephone number of a contact person for the
petition;
(3) Common chemical name(s), common synonym(s), Chemical Abstracts
Service number, and chemical formula and structure;
(4) Action requested (add or delete a substance);
(5) Rationale supporting the petitioner's position; that is, how the
substance meets the criteria for addition and deletion. A short summary
of the rationale must be submitted along with a more detailed narrative;
and
(6) Supporting data; that is, the petition must include sufficient
information to scientifically support the request to modify the list.
Such information shall include:
(i) A list of all support documents;
(ii) Documentation of literature searches conducted, including, but
not limited to, identification of the database(s) searched, the search
strategy, dates covered, and printed results;
(iii) Effects data (animal, human, and environmental test data)
indicating the potential for death, injury, or serious adverse human and
environmental impacts from acute exposure following an accidental
release; printed copies of the data sources, in English, should be
provided; and
(iv) Exposure data or previous accident history data, indicating the
potential for serious adverse human health or environmental effects from
an accidental release. These data may include, but are not limited to,
physical and chemical properties of the substance, such as vapor
pressure; modeling results, including data and assumptions used and
model documentation; and historical accident data, citing data sources.
(h) Within 18 months of receipt of a petition, the Administrator
shall publish in the Federal Register a notice either denying the
petition or granting the petition and proposing a listing.
Sec. 68.125 Exemptions.
Agricultural nutrients. Ammonia used as an agricultural nutrient,
when held by farmers, is exempt from all provisions of this part.
Sec. 68.126 Exclusion.
Flammable Substances Used as Fuel or Held for Sale as Fuel at Retail
Facilities. A flammable substance listed in Tables 3 and 4 of
Sec. 68.130 is nevertheless excluded from all provisions of this part
when the substance is used as a fuel or held for sale as a fuel at a
retail facility.
[65 FR 13250, Mar. 13, 2000]
Sec. 68.130 List of substances.
(a) Regulated toxic and flammable substances under section 112(r) of
the Clean Air Act are the substances listed in Tables 1, 2, 3, and 4.
Threshold quantities for listed toxic and flammable substances are
specified in the tables.
(b) The basis for placing toxic and flammable substances on the list
of regulated substances are explained in the notes to the list.
Table 1 to Sec. 68.130.--List of Regulated Toxic Substances and
Threshold Quantities for Accidental Release Prevention
[Alphabetical Order--77 Substances]
------------------------------------------------------------------------
Threshold
Chemical name CAS No. quantity Basis for
(lbs) listing
------------------------------------------------------------------------
Acrolein [2-Propenal].......... 107-02-8 5,000 b
Acrylonitrile [2- 107-13-1 20,000 b
Propenenitrile].
Acrylyl chloride [2-Propenoyl 814-68-6 5,000 b
chloride].
Allyl alcohol [2-Propen-l-ol].. 107-18-61 15,000 b
Allylamine [2-Propen-l-amine].. 107-11-9 10,000 b
Ammonia (anhydrous)............ 7664-41-7 10,000 a, b
Ammonia (conc 20% or greater).. 7664-41-7 20,000 a, b
Arsenous trichloride........... 7784-34-1 15,000 b
[[Page 180]]
Arsine......................... 7784-42-1 1,000 b
Boron trichloride [Borane, 10294-34-5 5,000 b
trichloro-].
Boron trifluoride [Borane, 7637-07-2 5,000 b
trifluoro-].
Boron trifluoride compound with 353-42-4 15,000 b
methyl ether (1:1) [Boron,
trifluoro [oxybis [metane]]-,
T-4-.
Bromine........................ 7726-95-6 10,000 a, b
Carbon disulfide............... 75-15-0 20,000 b
Chlorine....................... 7782-50-5 2,500 a, b
Chlorine dioxide [Chlorine 10049-04-4 1,000 c
oxide (ClO2)].
Chloroform [Methane, trichloro- 67-66-3 20,000 b
].
Chloromethyl ether [Methane, 542-88-1 1,000 b
oxybis[chloro-].
Chloromethyl methyl ether 107-30-2 5,000 b
[Methane, chloromethoxy-].
Crotonaldehyde [2-Butenal]..... 4170-30-3 20,000 b
Crotonaldehyde, (E)- [2- 123-73-9 20,000 b
Butenal, (E)-].
Cyanogen chloride.............. 506-77-4 10,000 c
Cyclohexylamine 108-91-8 15,000 b
[Cyclohexanamine].
Diborane....................... 19287-45-7 2,500 b
Dimethyldichlorosilane [Silane, 75-78-5 5,000 b
dichlorodimethyl-].
1,1-Dimethylhydrazine 57-14-7 15,000 b
[Hydrazine, 1,1-dimethyl-].
Epichlorohydrin [Oxirane, 106-89-8 20,000 b
(chloromethyl)-].
Ethylenediamine [1,2- 107-15-3 20,000 b
Ethanediamine].
Ethyleneimine [Aziridine]...... 151-56-4 10,000 b
Ethylene oxide [Oxirane]....... 75-21-8 10,000 a, b
Fluorine....................... 7782-41-4 1,000 b
Formaldehyde (solution)........ 50-00-0 15,000 b
Furan.......................... 110-00-9 5,000 b
Hydrazine...................... 302-01-2 15,000 b
Hydrochloric acid (conc 37% or 7647-01-0 15,000 d
greater).
Hydrocyanic acid............... 74-90-8 2,500 a, b
Hydrogen chloride (anhydrous) 7647-01-0 5,000 a
[Hydrochloric acid].
Hydrogen fluoride/Hydrofluoric 7664-39-3 1,000 a, b
acid (conc 50% or greater)
[Hydrofluoric acid].
Hydrogen selenide.............. 7783-07-5 500 b
Hydrogen sulfide............... 7783-06-4 10,000 a, b
Iron, pentacarbonyl- [Iron 13463-40-6 2,500 b
carbonyl (Fe(CO)5), (TB-5-11)-
].
Isobutyronitrile 78-82-0 20,000 b
[Propanenitrile, 2-methyl-].
Isopropyl chloroformate 108-23-6 15,000 b
[Carbonochloridic acid, 1-
methylethyl ester].
Methacrylonitrile [2- 126-98-7 10,000 b
Propenenitrile, 2-methyl-].
Methyl chloride [Methane, 74-87-3 10,000 a
chloro-].
Methyl chloroformate 79-22-1 5,000 b
[Carbonochloridic acid,
methylester].
Methyl hydrazine [Hydrazine, 60-34-4 15,000 b
methyl-].
Methyl isocyanate [Methane, 624-83-9 10,000 a, b
isocyanato-].
Methyl mercaptan [Methanethiol] 74-93-1 10,000 b
Methyl thiocyanate [Thiocyanic 556-64-9 20,000 b
acid, methyl ester].
Methyltrichlorosilane [Silane, 75-79-6 5,000 b
trichloromethyl-].
Nickel carbonyl................ 13463-39-3 1,000 b
Nitric acid (conc 80% or 7697-37-2 15,000 b
greater).
[[Page 181]]
Nitric oxide [Nitrogen oxide 10102-43-9 10,000 b
(NO)].
Oleum (Fuming Sulfuric acid) 8014-95-7 10,000 e
[Sulfuric acid, mixture with
sulfur trioxide] \1\.
Peracetic acid [Ethaneperoxoic 79-21-0 10,000 b
acid].
Perchloromethylmercaptan 594-42-3 10,000 b
[Methanesulfenyl chloride,
trichloro-].
Phosgene [Carbonic dichloride]. 75-44-5 500 a, b
Phosphine...................... 7803-51-2 5,000 b
Phosphorus oxychloride 10025-87-3 5,000 b
[Phosphoryl chloride].
Phosphorus trichloride 7719-12-2 15,000 b
[Phosphorous trichloride].
Piperidine..................... 110-89-4 15,000 b
Propionitrile [Propanenitrile]. 107-12-0 10,000 b
Propyl chloroformate 109-61-5 15,000 b
[Carbonochloridic acid,
propylester].
Propyleneimine [Aziridine, 2- 75-55-8 10,000 b
methyl-].
Propylene oxide [Oxirane, 75-56-9 10,000 b
methyl-].
Sulfur dioxide (anhydrous)..... 7446-09-5 5,000 a, b
Sulfur tetrafluoride [Sulfur 7783-60-0 2,500 b
fluoride (SF4), (T-4)-].
Sulfur trioxide................ 7446-11-9 10,000 a, b
Tetramethyllead [Plumbane, 75-74-1 10,000 b
tetramethyl-].
Tetranitromethane [Methane, 509-14-8 10,000 b
tetranitro-].
Titanium tetrachloride 7550-45-0 2,500 b
[Titanium chloride (TiCl4) (T-
4)-].
Toluene 2,4-diisocyanate 584-84-9 10,000 a
[Benzene, 2,4-diisocyanato-1-
methyl-] \1\.
Toluene 2,6-diisocyanate 91-08-7 10,000 a
[Benzene, 1,3-diisocyanato-2-
methyl-] \1\.
Toluene diisocyanate 26471-62-5 10,000 a
(unspecified isomer) [Benzene,
1,3-diisocyanatomethyl-] \1\.
Trimethylchlorosilane [Silane, 75-77-4 10,000 b
chlorotrimethyl-].
Vinyl acetate monomer [Acetic 108-05-4 15,000 b
acid ethenyl ester].
------------------------------------------------------------------------
\1\ The mixture exemption in Sec. 68.115(b)(1) does not apply to the
substance.
Note: Basis for Listing:
a Mandated for listing by Congress.
b On EHS list, vapor pressure 10 mmHg or greater.
c Toxic gas.
d Toxicity of hydrogen chloride, potential to release hydrogen chloride,
and history of accidents.
e Toxicity of sulfur trioxide and sulfuric acid, potential to release
sulfur trioxide, and history of accidents.
Table 2 to Sec. 68.130.--List of Regulated Toxic Substances and
Threshold Quantities for Accidental Release Prevention
[CAS Number Order--77 Substances]
------------------------------------------------------------------------
Threshold
CAS No. Chemical name quantity Basis for
(lbs) listing
------------------------------------------------------------------------
50-00-0................ Formaldehyde 15,000 b
(solution).
57-14-7................ 1,1-Dimethylhydrazine 15,000 b
[Hydrazine, 1,1-
dimethyl-].
60-34-4................ Methyl hydrazine 15,000 b
[Hydrazine, methyl-].
67-66-3................ Chloroform [Methane, 20,000 b
trichloro-].
74-87-3................ Methyl chloride 10,000 a
[Methane, chloro-].
74-90-8................ Hydrocyanic acid...... 2,500 a, b
74-93-1................ Methyl mercaptan 10,000 b
[Methanethiol].
75-15-0................ Carbon disulfide...... 20,000 b
[[Page 182]]
75-21-8................ Ethylene oxide 10,000 a, b
[Oxirane].
75-44-5................ Phosgene [Carbonic 500 a, b
dichloride].
75-55-8................ Propyleneimine 10,000 b
[Aziridine, 2-methyl-
].
75-56-9................ Propylene oxide 10,000 b
[Oxirane, methyl-].
75-74-1................ Tetramethyllead 10,000 b
[Plumbane,
tetramethyl-].
75-77-4................ Trimethylchlorosilane 10,000 b
[Silane,
chlorotrimethyl-].
75-78-5................ Dimethyldichlorosilane 5,000 b
[Silane,
dichlorodimethyl-].
75-79-6................ Methyltrichlorosilane 5,000 b
[Silane,
trichloromethyl-].
78-82-0................ Isobutyronitrile 20,000 b
[Propanenitrile, 2-
methyl-].
79-21-0................ Peracetic acid 10,000 b
[Ethaneperoxoic acid].
79-22-1................ Methyl chloroformate 5,000 b
[Carbonochloridic
acid, methylester].
91-08-7................ Toluene 2,6- 10,000 a
diisocyanate
[Benzene, 1,3-
diisocyanato-2-methyl-
]\1\.
106-89-8............... Epichlorohydrin 20,000 b
[Oxirane,
(chloromethyl)-].
107-02-8............... Acrolein [2-Propenal]. 5,000 b
107-11-9............... Allylamine [2-Propen-1- 10,000 b
amine].
107-12-0............... Propionitrile 10,000 b
[Propanenitrile].
107-13-1............... Acrylonitrile [2- 20,000 b
Propenenitrile].
107-15-3............... Ethylenediamine [1,2- 20,000 b
Ethanediamine].
107-18-6............... Allyl alcohol [2- 15,000 b
Propen-1-ol].
107-30-2............... Chloromethyl methyl 5,000 b
ether [Methane,
chloromethoxy-].
108-05-4............... Vinyl acetate monomer 15,000 b
[Acetic acid ethenyl
ester].
108-23-6............... Isopropyl 15,000 b
chloroformate
[Carbonochloridic
acid, 1-methylethyl
ester].
108-91-8............... Cyclohexylamine 15,000 b
[Cyclohexanamine].
109-61-5............... Propyl chloroformate 15,000 b
[Carbonochloridic
acid, propylester].
110-00-9............... Furan................. 5,000 b
110-89-4............... Piperidine............ 15,000 b
123-73-9............... Crotonaldehyde, (E)- 20,000 b
[2-Butenal, (E)-].
126-98-7............... Methacrylonitrile [2- 10,000 b
Propenenitrile, 2-
methyl-].
151-56-4............... Ethyleneimine 10,000 b
[Aziridine].
302-01-2............... Hydrazine............. 15,000 b
353-42-4............... Boron trifluoride 15,000 b
compound with methyl
ether (1:1) [Boron,
trifluoro[oxybis[meth
ane]]-, T-4-.
506-77-4............... Cyanogen chloride..... 10,000 c
509-14-8............... Tetranitromethane 10,000 b
[Methane, tetranitro-
].
542-88-1............... Chloromethyl ether 1,000 b
[Methane,
oxybis[chloro-].
556-64-9............... Methyl thiocyanate 20,000 b
[Thiocyanic acid,
methyl ester].
584-84-9............... Toluene 2,4- 10,000 a
diisocyanate
[Benzene, 2,4-
diisocyanato-1-methyl-
]\1\.
594-42-3............... Perchloromethylmercapt 10,000 b
an [Methanesulfenyl
chloride, trichloro-].
624-83-9............... Methyl isocyanate 10,000 a, b
[Methane, isocyanato-
].
814-68-6............... Acrylyl chloride [2- 5,000 b
Propenoyl chloride].
4170-30-3.............. Crotonaldehyde [2- 20,000 b
Butenal].
7446-09-5.............. Sulfur dioxide 5,000 a, b
(anhydrous).
7446-11-9.............. Sulfur trioxide....... 10,000 a, b
7550-45-0.............. Titanium tetrachloride 2,500 b
[Titanium chloride
(TiCl4) (T-4)-].
7637-07-2.............. Boron trifluoride 5,000 b
[Borane, trifluoro-].
7647-01-0.............. Hydrochloric acid 15,000 d
(conc 37% or greater).
7647-01-0.............. Hydrogen chloride 5,000 a
(anhydrous)
[Hydrochloric acid].
7664-39-3.............. Hydrogen fluoride/ 1,000 a, b
Hydrofluoric acid
(conc 50% or greater)
[Hydrofluoric acid].
7664-41-7.............. Ammonia (anhydrous)... 10,000 a, b
7664-41-7.............. Ammonia (conc 20% or 20,000 a, b
greater).
7697-37-2.............. Nitric acid (conc 80% 15,000 b
or greater).
7719-12-2.............. Phosphorus trichloride 15,000 b
[Phosphorous
trichloride].
7726-95-6.............. Bromine............... 10,000 a, b
7782-41-4.............. Fluorine.............. 1,000 b
7782-50-5.............. Chlorine.............. 2,500 a, b
7783-06-4.............. Hydrogen sulfide...... 10,000 a, b
7783-07-5.............. Hydrogen selenide..... 500 b
7783-60-0.............. Sulfur tetrafluoride 2,500 b
[Sulfur fluoride
(SF4), (T-4)-].
7784-34-1.............. Arsenous trichloride.. 15,000 b
7784-42-1.............. Arsine................ 1,000 b
7803-51-2.............. Phosphine............. 5,000 b
8014-95-7.............. Oleum (Fuming Sulfuric 10,000 e
acid) [Sulfuric acid,
mixture with sulfur
trioxide]\1\.
10025-87-3............. Phosphorus oxychloride 5,000 b
[Phosphoryl chloride].
10049-04-4............. Chlorine dioxide 1,000 c
[Chlorine oxide
(ClO2)].
10102-43-9............. Nitric oxide [Nitrogen 10,000 b
oxide (NO)].
10294-34-5............. Boron trichloride 5,000 b
[Borane, trichloro-].
13463-39-3............. Nickel carbonyl....... 1,000 b
13463-40-6............. Iron, pentacarbonyl- 2,500 b
[Iron carbonyl
(Fe(CO)5), (TB-5-11)-
].
[[Page 183]]
19287-45-7............. Diborane.............. 2,500 b
26471-62-5............. Toluene diisocyanate 10,000 a
(unspecified isomer)
[Benzene, 1,3-
diisocyanatomethyl-
1]\1\.
------------------------------------------------------------------------
\1\ The mixture exemption in Sec. 68.115(b)(1) does not apply to the
substance.
Note: Basis for Listing:
a Mandated for listing by Congress.
b On EHS list, vapor pressure 10 mmHg or greater.
c Toxic gas.
d Toxicity of hydrogen chloride, potential to release hydrogen chloride,
and history of accidents.
e Toxicity of sulfur trioxide and sulfuric acid, potential to release
sulfur trioxide, and history of accidents.
Table 3 to Sec. 68.130.--List of Regulated Flammable Substances \1\ and
Threshold Quantities for Accidental Release Prevention
[Alphabetical Order--63 Substances]
------------------------------------------------------------------------
Threshold
Chemical name CAS No. quantity Basis for
(lbs) listing
------------------------------------------------------------------------
Acetaldehyde................... 75-07-0 10,000 g
Acetylene [Ethyne]............. 74-86-2 10,000 f
Bromotrifluorethylene [Ethene, 598-73-2 10,000 f
bromotrifluoro-].
1,3-Butadiene.................. 106-99-0 10,000 f
Butane......................... 106-97-8 10,000 f
1-Butene....................... 106-98-9 10,000 f
2-Butene....................... 107-01-7 10,000 f
Butene......................... 25167-67-3 10,000 f
2-Butene-cis................... 590-18-1 10,000 f
2-Butene-trans [2-Butene, (E)]. 624-64-6 10,000 f
Carbon oxysulfide [Carbon oxide 463-58-1 10,000 f
sulfide (COS)].
Chlorine monoxide [Chlorine 7791-21-1 10,000 f
oxide].
2-Chloropropylene [1-Propene, 2- 557-98-2 10,000 g
chloro-].
1-Chloropropylene [1-Propene, 1- 590-21-6 10,000 g
chloro-].
Cyanogen [Ethanedinitrile]..... 460-19-5 10,000 f
Cyclopropane................... 75-19-4 10,000 f
Dichlorosilane [Silane, 4109-96-0 10,000 f
dichloro-].
Difluoroethane [Ethane, 1,1- 75-37-6 10,000 f
difluoro-].
Dimethylamine [Methanamine, N- 124-40-3 10,000 f
methyl-].
2,2-Dimethylpropane [Propane, 463-82-1 10,000 f
2,2-dimethyl-].
Ethane......................... 74-84-0 10,000 f
Ethyl acetylene [1-Butyne]..... 107-00-6 10,000 f
Ethylamine [Ethanamine]........ 75-04-7 10,000 f
Ethyl chloride [Ethane, chloro- 75-00-3 10,000 f
].
Ethylene [Ethene].............. 74-85-1 10,000 f
Ethyl ether [Ethane, 1,1'- 60-29-7 10,000 g
oxybis-].
Ethyl mercaptan [Ethanethiol].. 75-08-1 10,000 g
Ethyl nitrite [Nitrous acid, 109-95-5 10,000 f
ethyl ester].
Hydrogen....................... 1333-74-0 10,000 f
Isobutane [Propane, 2-methyl].. 75-28-5 10,000 f
Isopentane [Butane, 2-methyl-]. 78-78-4 10,000 g
Isoprene [1,3-Butadinene, 2- 78-79-5 10,000 g
methyl-].
Isopropylamine [2-Propanamine]. 75-31-0 10,000 g
Isopropyl chloride [Propane, 2- 75-29-6 10,000 g
chloro-].
Methane........................ 74-82-8 10,000 f
Methylamine [Methanamine]...... 74-89-5 10,000 f
3-Methyl-1-butene.............. 563-45-1 10,000 f
2-Methyl-1-butene.............. 563-46-2 10,000 g
Methyl ether [Methane, oxybis-] 115-10-6 10,000 f
Methyl formate [Formic acid, 107-31-3 10,000 g
methyl ester].
2-Methylpropene [1-Propene, 2- 115-11-7 10,000 f
methyl-].
1,3-Pentadinene................ 504-60-9 10,000 f
Pentane........................ 109-66-0 10,000 g
1-Pentene...................... 109-67-1 10,000 g
2-Pentene, (E)-................ 646-04-8 10,000 g
2-Pentene, (Z)-................ 627-20-3 10,000 g
Propadiene [1,2-Propadiene].... 463-49-0 10,000 f
Propane........................ 74-98-6 10,000 f
Propylene [1-Propene].......... 115-07-1 10,000 f
[[Page 184]]
Propyne [1-Propyne]............ 74-99-7 10,000 f
Silane......................... 7803-62-5 10,000 f
Tetrafluoroethylene [Ethene, 116-14-3 10,000 f
tetrafluoro-].
Tetramethylsilane [Silane, 75-76-3 10,000 g
tetramethyl-].
Trichlorosilane [Silane, 10025-78-2 10,000 g
trichloro-].
Trifluorochloroethylene 79-38-9 10,000 f
[Ethene, chlorotrifluoro-].
Trimethylamine [Methanamine, 75-50-3 10,000 f
N,N-dimethyl-].
Vinyl acetylene [1-Buten-3-yne] 689-97-4 10,000 f
Vinyl chloride [Ethene, chloro- 75-01-4 10,000 a, f
].
Vinyl ethyl ether [Ethene, 109-92-2 10,000 g
ethoxy-].
Vinyl fluoride [Ethene, fluoro- 75-02-5 10,000 f
].
Vinylidene chloride [Ethene, 75-35-4 10,000 g
1,1-dichloro-].
Vinylidene fluoride [Ethene, 75-38-7 10,000 f
1,1-difluoro-].
Vinyl methyl ether [Ethene, 107-25-5 10,000 f
methoxy-].
------------------------------------------------------------------------
\1\ A flammable substance when used as a fuel or held for sale as a fuel
at a retail facility is excluded from all provisions of this part (see
Sec. 68.126).
Note: Basis for Listing:
a Mandated for listing by Congress.
f Flammable gas.
g Volatile flammable liquid.
Table 4 to Sec. 68.130.--List of Regulated Flammable Substances \1\ and Threshold Quantities for Accidental
Release Prevention
[CAS Number Order--63 Substances]
----------------------------------------------------------------------------------------------------------------
Threshold
CAS No. Chemical name CAS No. quantity Basis for listing
(lbs)
----------------------------------------------------------------------------------------------------------------
60-29-7........................ Ethyl ether [Ethane, 1,1'- 60-29-7 10,000 g
oxybis-].
74-82-8........................ Methane....................... 74-82-8 10,000 f
74-84-0........................ Ethane........................ 74-84-0 10,000 f
74-85-1........................ Ethylene [Ethene]............. 74-85-1 10,000 f
74-86-2........................ Acetylene [Ethyne]............ 74-86-2 10,000 f
74-89-5........................ Methylamine [Methanamine]..... 74-89-5 10,000 f
74-98-6........................ Propane....................... 74-98-6 10,000 f
74-99-7........................ Propyne [1-Propyne]........... 74-99-7 10,000 f
75-00-3........................ Ethyl chloride [Ethane, chloro- 75-00-3 10,000 f
].
75-01-4........................ Vinyl chloride [Ethene, chloro- 75-01-4 10,000 a, f
].
75-02-5........................ Vinyl fluoride [Ethene, fluoro- 75-02-5 10,000 f
].
75-04-7........................ Ethylamine [Ethanamine]....... 75-04-7 10,000 f
75-07-0........................ Acetaldehyde.................. 75-07-0 10,000 g
75-08-1........................ Ethyl mercaptan [Ethanethiol]. 75-08-1 10,000 g
75-19-4........................ Cyclopropane.................. 75-19-4 10,000 f
75-28-5........................ Isobutane [Propane, 2-methyl]. 75-28-5 10,000 f
75-29-6........................ Isopropyl chloride [Propane, 2- 75-29-6 10,000 g
chloro-].
75-31-0........................ Isopropylamine [2-Propanamine] 75-31-0 10,000 g
75-35-4........................ Vinylidene chloride [Ethene, 75-35-4 10,000 g
1,1-dichloro-].
75-37-6........................ Difluoroethane [Ethane, 1,1- 75-37-6 10,000 f
difluoro-].
75-38-7........................ Vinylidene fluoride [Ethene, 75-38-7 10,000 f
1,1-difluoro-].
75-50-3........................ Trimethylamine [Methanamine, 75-50-3 10,000 f
N, N-dimethyl-].
75-76-3........................ Tetramethylsilane [Silane, 75-76-3 10,000 g
tetramethyl-].
78-78-4........................ Isopentane [Butane, 2-methyl-] 78-78-4 10,000 g
78-79-5........................ Isoprene [1,3,-Butadiene, 2- 78-79-5 10,000 g
methyl-].
79-38-9........................ Trifluorochloroethylene 79-38-9 10,000 f
[Ethene, chlorotrifluoro-].
106-97-8....................... Butane........................ 106-97-8 10,000 f
106-98-9....................... 1-Butene...................... 106-98-9 10,000 f
196-99-0....................... 1,3-Butadiene................. 106-99-0 10,000 f
107-00-6....................... Ethyl acetylene [1-Butyne].... 107-00-6 10,000 f
107-01-7....................... 2-Butene...................... 107-01-7 10,000 f
107-25-5....................... Vinyl methyl ether [Ethene, 107-25-5 10,000 f
methoxy-].
107-31-3....................... Methyl formate [Formic acid, 107-31-3 10,000 g
methyl ester].
109-66-0....................... Pentane....................... 109-66-0 10,000 g
109-67-1....................... 1-Pentene..................... 109-67-1 10,000 g
109-92-2....................... Vinyl ethyl ether [Ethene, 109-92-2 10,000 g
ethoxy-].
109-95-5....................... Ethyl nitrite [Nitrous acid, 109-95-5 10,000 f
ethyl ester].
115-07-1....................... Propylene [1-Propene]......... 115-07-1 10,000 f
[[Page 185]]
115-10-6....................... Methyl ether [Methane, oxybis- 115-10-6 10,000 f
].
115-11-7....................... 2-Methylpropene [1-Propene, 2- 115-11-7 10,000 f
methyl-].
116-14-3....................... Tetrafluoroethylene [Ethene, 116-14-3 10,000 f
tetrafluoro-].
124-40-3....................... Dimethylamine [Methanamine, N- 124-40-3 10,000 f
methyl-].
460-19-5....................... Cyanogen [Ethanedinitrile].... 460-19-5 10,000 f
463-49-0....................... Propadiene [1,2-Propadiene]... 463-49-0 10,000 f
463-58-1....................... Carbon oxysulfide [Carbon 463-58-1 10,000 f
oxide sulfide (COS)].
463-82-1....................... 2,2-Dimethylpropane [Propane, 463-82-1 10,000 f
2,2-dimethyl-].
504-60-9....................... 1,3-Pentadiene................ 504-60-9 10,000 f
557-98-2....................... 2-Chloropropylene [1-Propene, 557-98-2 10,000 g
2-chloro-].
563-45-1....................... 3-Methyl-1-butene............. 563-45-1 10,000 f
563-46-2....................... 2-Methyl-1-butene............. 563-46-2 10,000 g
590-18-1....................... 2-Butene-cis.................. 590-18-1 10,000 f
590-21-6....................... 1-Chloropropylene [1-Propene, 590-21-6 10,000 g
1-chloro-].
598-73-2....................... Bromotrifluorethylene [Ethene, 598-73-2 10,000 f
bromotrifluoro-].
624-64-6....................... 2-Butene-trans [2-Butene, (E)] 624-64-6 10,000 f
627-20-3....................... 2-Pentene, (Z)-............... 627-20-3 10,000 g
646-04-8....................... 2-Pentene, (E)-............... 646-04-8 10,000 g
689-97-4....................... Vinyl acetylene [1-Buten-3- 689-97-4 10,000 f
yne].
1333-74-0...................... Hydrogen...................... 1333-74-0 10,000 f
4109-96-0...................... Dichlorosilane [Silane, 4109-96-0 10,000 f
dichloro-].
7791-21-1...................... Chlorine monoxide [Chlorine 7791-21-1 10,000 f
oxide].
7803-62-5...................... Silane........................ 7803-62-5 10,000 f
10025-78-2..................... Trichlorosilane 10025-78-2 10,000 g
[Silane,trichloro-].
25167-67-3..................... Butene........................ 25167-67-3 10,000 f
----------------------------------------------------------------------------------------------------------------
\1\ A flammable substance when used as a fuel or held for sale as a fuel at a retail facility is excluded from
all provisions of this part (see Sec. 68.126).
Note: Basis for Listing:
a Mandated for listing by Congress.
f Flammable gas.
g Volatile flammable liquid.
[59 FR 4493, Jan. 31, 1994. Redesignated at 61 FR 31717, June 20, 1996,
as amended at 62 FR 45132, Aug. 25, 1997; 63 FR 645, Jan. 6, 1998; 65 FR
13250, Mar. 13, 2000]
Subpart G--Risk Management Plan
Source: 61 FR 31726, June 20, 1996, unless otherwise noted.
Sec. 68.150 Submission.
(a) The owner or operator shall submit a single RMP that includes
the information required by Secs. 68.155 through 68.185 for all covered
processes. The RMP shall be submitted in a method and format to a
central point as specified by EPA prior to June 21, 1999.
(b) The owner or operator shall submit the first RMP no later than
the latest of the following dates:
(1) June 21, 1999;
(2) Three years after the date on which a regulated substance is
first listed under Sec. 68.130; or
(3) The date on which a regulated substance is first present above a
threshold quantity in a process.
(c) Subsequent submissions of RMPs shall be in accordance with
Sec. 68.190.
(d) Notwithstanding the provisions of Secs. 68.155 to 68.190, the
RMP shall exclude classified information. Subject to appropriate
procedures to protect such information from public disclosure,
classified data or information excluded from the RMP may be made
available in a classified annex to the RMP for review by Federal and
state representatives who have received the appropriate security
clearances.
(e) Procedures for asserting that information submitted in the RMP
is entitled to protection as confidential business information are set
forth in Secs. 68.151 and 68.152.
[61 FR 31726, June 20, 1996, as amended at 64 FR 979, Jan. 6, 1999]
[[Page 186]]
Sec. 68.151 Assertion of claims of confidential business information.
(a) Except as provided in paragraph (b) of this section, an owner or
operator of a stationary source required to report or otherwise provide
information under this part may make a claim of confidential business
information for any such information that meets the criteria set forth
in 40 CFR 2.301.
(b) Notwithstanding the provisions of 40 CFR part 2, an owner or
operator of a stationary source subject to this part may not claim as
confidential business information the following information:
(1) Registration data required by Sec. 68.160(b)(1) through (b)(6)
and (b)(8), (b)(10) through (b)(13) and NAICS code and Program level of
the process set forth in Sec. 68.160(b)(7);
(2) Offsite consequence analysis data required by Sec. 68.165(b)(4),
(b)(9), (b)(10), (b)(11), and (b)(12).
(3) Accident history data required by Sec. 68.168;
(4) Prevention program data required by Sec. 68.170(b), (d), (e)(1),
(f) through (k);
(5) Prevention program data required by Sec. 68.175(b), (d), (e)(1),
(f) through (p); and
(6) Emergency response program data required by Sec. 68.180.
(c) Notwithstanding the procedures specified in 40 CFR part 2, an
owner or operator asserting a claim of CBI with respect to information
contained in its RMP, shall submit to EPA at the time it submits the RMP
the following:
(1) The information claimed confidential, provided in a format to be
specified by EPA;
(2) A sanitized (redacted) copy of the RMP, with the notation
``CBI'' substituted for the information claimed confidential, except
that a generic category or class name shall be substituted for any
chemical name or identity claimed confidential; and
(3) The document or documents substantiating each claim of
confidential business information, as described in Sec. 68.152.
[64 FR 979, Jan. 6, 1999]
Sec. 68.152 Substantiating claims of confidential business information.
(a) An owner or operator claiming that information is confidential
business information must substantiate that claim by providing
documentation that demonstrates that the claim meets the substantive
criteria set forth in 40 CFR 2.301.
(b) Information that is submitted as part of the substantiation may
be claimed confidential by marking it as confidential business
information. Information not so marked will be treated as public and may
be disclosed without notice to the submitter. If information that is
submitted as part of the substantiation is claimed confidential, the
owner or operator must provide a sanitized and unsanitized version of
the substantiation.
(c) The owner, operator, or senior official with management
responsibility of the stationary source shall sign a certification that
the signer has personally examined the information submitted and that
based on inquiry of the persons who compiled the information, the
information is true, accurate, and complete, and that those portions of
the substantiation claimed as confidential business information would,
if disclosed, reveal trade secrets or other confidential business
information.
[64 FR 980, Jan. 6, 1999]
Sec. 68.155 Executive summary.
The owner or operator shall provide in the RMP an executive summary
that includes a brief description of the following elements:
(a) The accidental release prevention and emergency response
policies at the stationary source;
(b) The stationary source and regulated substances handled;
(c) The worst-case release scenario(s) and the alternative release
scenario(s), including administrative controls and mitigation measures
to limit the distances for each reported scenario;
(d) The general accidental release prevention program and chemical-
specific prevention steps;
(e) The five-year accident history;
(f) The emergency response program; and
(g) Planned changes to improve safety.
Sec. 68.160 Registration.
(a) The owner or operator shall complete a single registration form
and include it in the RMP. The form shall
[[Page 187]]
cover all regulated substances handled in covered processes.
(b) The registration shall include the following data:
(1) Stationary source name, street, city, county, state, zip code,
latitude and longitude, method for obtaining latitude and longitude, and
description of location that latitude and longitude represent;
(2) The stationary source Dun and Bradstreet number;
(3) Name and Dun and Bradstreet number of the corporate parent
company;
(4) The name, telephone number, and mailing address of the owner or
operator;
(5) The name and title of the person or position with overall
responsibility for RMP elements and implementation;
(6) The name, title, telephone number, and 24-hour telephone number
of the emergency contact;
(7) For each covered process, the name and CAS number of each
regulated substance held above the threshold quantity in the process,
the maximum quantity of each regulated substance or mixture in the
process (in pounds) to two significant digits, the five- or six-digit
NAICS code that most closely corresponds to the process, and the Program
level of the process;
(8) The stationary source EPA identifier;
(9) The number of full-time employees at the stationary source;
(10) Whether the stationary source is subject to 29 CFR 1910.119;
(11) Whether the stationary source is subject to 40 CFR part 355;
(12) If the stationary source has a CAA Title V operating permit,
the permit number; and
(13) The date of the last safety inspection of the stationary source
by a Federal, state, or local government agency and the identity of the
inspecting entity.
(14) Source or Parent Company E-Mail Address (Optional);
(15) Source Homepage address (Optional)
(16) Phone number at the source for public inquiries (Optional);
(17) Local Emergency Planning Committee (Optional);
(18) OSHA Voluntary Protection Program status (Optional);
[61 FR 31726, June 20, 1996, as amended at 64 FR 980, Jan. 6, 1999]