June 29, 1999 federal register · 34856 Federal Register/Vol. 64, No. 124/Tuesday, June 29, 1999/Rules and Regulations fluoride production source category was scheduled for promulgation

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Part II

EnvironmentalProtection Agency40 CFR Part 63National Emission Standards forHazardous Air Pollutants: GenericMaximum Achievable Control Technology(Generic MACT); Final RuleProcess Wastewater Provisions; ProposedRule

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34854 Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations

ENVIRONMENTAL PROTECTIONAGENCY

40 CFR Part 63

[AD–FRL–6346–9]

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

National Emission Standards forHazardous Air Pollutants: GenericMaximum Achievable ControlTechnology (Generic MACT)

AGENCY: Environmental ProtectionAgency (EPA).ACTION: Final rule.

SUMMARY: This action promulgates theconsolidated rulemaking proposalpublished on October 14, 1998. Today’srule establishes our ‘‘generic MACTstandards’’ program for setting nationalemission standards for hazardous airpollutants (NESHAP) under section 112of the Clean Air Act (Act) for certainsmall source categories consisting offive or fewer major sources. As part ofthis generic MACT program, we areestablishing an alternative methodologyfor making maximum achievable controltechnology (MACT) determinations forappropriate small categories by referringto previous MACT standards that havebeen promulgated for similar sources inother categories. The basic purposes ofthe generic MACT program are to usepublic and private sector resourcesefficiently, and to promote regulatoryconsistency and predictability in MACTstandards development.

Today’s consolidated rulemakingpackage includes promulgated MACTstandards that have been developedwithin the generic MACT framework forfour specific source categories that areincluded on our list of categories forwhich NESHAP are required: acetalresins (AR) production, acrylic andmodacrylic fiber (AMF) production,hydrogen fluoride (HF) production, andpolycarbonate(s) (PC) production.

In this consolidated rulemakingpackage, we are also promulgatinggeneral control requirements for certaintypes of emission points for hazardousair pollutants (HAP), which will then bereferenced, as appropriate, in MACTrequirements for individual sourcecategories. These general controlrequirements are set forth in newpromulgated subparts and areapplicable to storage vessels containingorganic materials, process ventsemitting organic vapors, and leaks fromequipment components. In addition, weare promulgating a separate subpart ofrequirements for closed vent systems,control devices, recovery devices androuting emissions to fuel gas systems ora process.

We have withdrawn the proposedprocess wastewater provisions from thepromulgated rule. In a supplementalnotice of proposed rulemaking (SNPR)published elsewhere in today’s FederalRegister, we reopen the comment period(for 30 days) specifically to requestadditional comment on amendments tothe proposed standards for processwastewater provisions for the AR, AMF,and PC production source categories.We plan to take final action regardingthe amendments to the proposedprovisions for process wastewaterstreams by November 15, 1999 (therevised date set forth in a proposedconsent decree).EFFECTIVE DATE: The effective date isJune 29, 1999.ADDRESSES: Technical SupportDocument. The consolidatedrulemaking package promulgated todayis supported by a backgroundinformation document (BID) thatcontains a summary of the publiccomments received on the proposal andthe Administrator’s responses to publiccomments. This document may beobtained from the docket for this rule,A–97–17, or through the Internet athttp://www.epa.gov/ttn/oarpg/ramain.html or from the U.S.

Environmental Protection AgencyLibrary (MD–35), Research TrianglePark, North Carolina 27711, telephone(919) 541–2777. Please refer to‘‘National Emission Standards forHazardous Air Pollutants: GenericMaximum Achievable ControlTechnology—Background Informationfor Acetal Resins, Acrylic andModacrylic Fiber, Hydrogen Fluoride,and Polycarbonate ProductionPromulgated Standards,’’ EPA–453/C–99–001.

Docket. A docket, No. A–97–17,containing information considered by usin the development of the proposed andpromulgated standards for the genericMACT, is available for public inspectionbetween 8:30 a.m. and 5:30 p.m.,Monday through Friday (except forFederal holidays), at the followingaddress: U.S. Environmental ProtectionAgency, Air and Radiation Docket andInformation Center (MC–6102), 401 MStreet SW, Washington DC 20460,telephone: (202) 260–7548. Our AirDocket section is located at the aboveaddress in Room M–1500, WatersideMall (ground floor). Dockets establishedfor each of the source categoriesassimilated under the generic MACTstandards with this promulgationinclude the following: AR production(Docket No. A–97–19); AMF production(Docket No. A–97–18); HF production(Docket No. A–96–54); and PCproduction (Docket No. A–97–16).These dockets include source category-specific supporting information. Theproposed and promulgated standards,and supporting information areavailable for inspection and copying. Areasonable fee may be charged forcopying.FOR FURTHER INFORMATION CONTACT: Forinformation concerning the promulgatedstandards, contact the following at theEmission Standards Division (MD–13),U.S. Environmental Protection Agency,Research Triangle Park, North Carolina27711:

Information Type Contact Group Phone/Facsimile/e-mail address

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

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

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

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

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

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

Recordkeeping and Reporting Re-quirements.

Belinda Breidenbach .................... Office of Enforcement and Com-pliance Assurance.

(202) 564–7022

Nonsource category-specific .......... David W. Markwordt ..................... Policy, Planning and StandardsGroup.

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

The EPA Region contacts are as follows:


34855Federal Register / Vol. 64, No. 124 / Tuesday, June 29, 1999 / Rules and Regulations

Information Type Contact EPA Office/Region Phone

AR Production .......................................................................... Lee Page ...............................Robert Todd ...........................

Region IV ...............................Region VI ...............................

(404) 562–9131(214) 665–2156

AMF Production ....................................................................... Lee Page ............................... Region IV ............................... (404) 562–9131HF Production .......................................................................... Robert Todd ........................... Region VI ............................... (214) 665–2156PC Production .......................................................................... Lee Page ...............................

Bruce Varner ..........................Robert Todd ...........................

Region IV ...............................Region V ................................Region VI ...............................

(404) 562–9131(312) 886–6793(214) 665–2156

SUPPLEMENTARY INFORMATION: TheSNPR, the promulgated regulatory text,and supporting documentation areavailable in Docket No. A–97–17 or byrequest from our Air and RadiationDocket and Information Center (seeADDRESSES). The SNPR and thepromulgated regulatory text are alsoavailable on the Technology TransferNetwork (TTN) on our electronic

bulletin boards. The TTN providesinformation and technology exchange invarious areas of air emissions control.The service is free, except for the costof a telephone call. Dial (919) 541–5742for up to a 14,400 baud per secondmodem. For further information, contactthe TTN HELP line at (919) 541–5384,from 1:00 p.m. to 5:00 p.m. Monday

through Friday, or access the TTN website at: http://www.epa.gov/ttn.

Regulated Entities

Entities potentially regulated arethose that produce AR, AMF, HF, andPC and are major sources of HAP asdefined in section 112 of the Act.Regulated categories and entitiesinclude the following:

Category Regulated entities a

Industry ............................................................... Producers of homopolymers and/or copolymers of alternating oxymethylene units.Producers of either acrylic fiber or modacrylic fiber synthetics composed of acrylonitrile (AN)

units.Producers of, and recoverers of HF by reacting calcium fluoride with sulfuric acid. For the pur-

pose of implementing the rule, HF production is not a process that produces gaseous HF fordirect reaction with hydrated aluminum to form aluminum fluoride (i.e., the HF is not recov-ered as an intermediate or final product prior to reacting with the hydrated aluminum).

Producers of polycarbonate.

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

Judicial Review

Under section 307(b)(1) of the Act,judicial review of this final rule isavailable only by filing a petition forreview in the United States Court ofAppeals for the District of ColumbiaCircuit by August 30, 1999. Undersection 307(d)(7)(B) of the Act, only anobjection to this rule which was raisedwith reasonable specificity during theperiod for public comment can be raisedduring judicial review. Moreover, undersection 307(b)(2) of the Act, therequirements established by today’sfinal action may not be challengedseparately in any civil or criminalproceeding brought by us to enforcethese requirements.

Plain Language

In compliance with PresidentClinton’s June 1, 1998 ExecutiveMemorandum on Plain Language ingovernment writing, this preamble iswritten using plain language. Thus, theuse of ‘‘we,’’ ‘‘us,’’ or ‘‘our’’ in thisnotice refers to the EPA. The use of‘‘you’’ refers to the reader, and mayinclude industry; State, local, and tribalgovernments; environmental groups;and other interested individuals.

The following outline is provided toassist you in reading this preamble.I. Why have we developed these regulations?II. What factors did we consider when

developing these standards?A. Promotion of Public Health and WelfareB. Statutory and Technical ConsiderationsC. Stakeholder and Public Participation

III. What are the final standards?A. Generic MACT Rule StructureB. Acetal Resins Production StandardsC. Acrylic and Modacrylic Fibers

Production StandardsD. Hydrogen Fluoride Production

StandardsE. Polycarbonate Production Standards

IV. What are the impacts associated with thefinal rule?

V. The Legal Basis for the Generic MACTApproach

A. The Generic MACT ApproachB. Criteria for Determining Suitability for

Generic MACTC. Adequacy of Notice and CommentD. Date for Determining New Sources

VI. What are the significant comments andchanges made on the proposedstandards?

A. MACT for Acrylic and Modacrylic FiberProduction—Changes Made SinceProposal

B. Process and Maintenance WastewaterStream Provisions

VII. Administrative Requirements

A. DocketB. Paperwork Reduction ActC. Executive Order 12866D. Executive Order 12875E. Regulatory Flexibility Act/Small

Business Regulatory EnforcementFairness Act of 1996

F. Unfunded Mandates Reform ActG. Submittal to Congress and the General

Accounting OfficeH. National Technology Transfer and

Advancement ActI. Executive Order 13045J. Executive Order 13084

I. Why Have We Developed TheseRegulations?

Section 112(b) of the Act (asamended) lists 188 HAP’s and directs usto develop rules to control all major andsome area sources emitting HAP. OnJuly 16, 1992 (57 FR 31576), wepublished a list of major and areasources for which NESHAP are to bepromulgated. On December 3, 1993 (58FR 83941), we published a schedule forpromulgating standards for the listedmajor and area sources. Standards forthe acetal resins production, acrylic andmodacrylic fiber production, andpolycarbonate production sourcecategories were scheduled forpromulgation by 1997. The hydrogen



fluoride production source category wasscheduled for promulgation by the year2000 but was changed to be scheduledfor promulgation by 1997. We arepromulgating standards for the AR,AMF, HF, and PC production sourcecategories under a May 15, 1999 court-ordered deadline.

II. What Factors Did We ConsiderWhen Developing These Standards?

A. Promotion of Public Health andWelfare

The Act was developed, in part,* * * to protect and enhance the quality

of the Nation’s air resources so as to promotethe public health and welfare and productivecapacity of its population [the Act, section101(b)(1)].

Sources that would be subject to thestandards promulgated for each of thesource categories (i.e., AR production,AMF production, HF production, PCproduction) with today’s consolidatedrulemaking package are major sources ofHAP emissions on our list of categoriesscheduled for regulation under section112(c)(1) of the Act. Major sources ofHAP emissions are those sources thathave the potential to emit greater than9.1 megagrams per year (Mg/yr) (10 tonsper year (tpy)) of any one HAP or 22.7Mg/yr (25 tpy) of any combination ofHAP. The HAP that would be controlledwith today’s consolidated rulemakingpackage are associated with a variety ofadverse health effects. Adverse healtheffects associated with HAP includechronic health disorders (e.g., cancer,aplastic anemia, pulmonary (lung)structural changes), and acute healthdisorders (e.g., dyspnea (difficulty inbreathing), and neurotoxic effects.

B. Statutory and TechnicalConsiderations

We regulate stationary sources of HAPunder section 112 of the Act. Section112(b) (as amended) of the Act lists 188chemicals, compounds, or groups ofchemicals as HAP. Under section 112,we are directed to regulate the emissionof HAP from stationary sources byestablishing national emissionstandards.

Section 112(a)(1) of the Act defines amajor source as:

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

The statute requires that we establishstandards to reflect the maximumdegree of reduction in HAP emissionsthrough application of MACT for major

sources on our list of categoriesscheduled for regulation under section112(c)(1) of the Act. We are required toestablish standards that are no lessstringent than the level of controldefined under section 112(d)(3) of theAct (this minimal level of control isreferred to as the ‘‘MACT floor.’’

We chose to regulate the ARproduction, AMF production, HFproduction, and PC production sourcecategories under one subpart tostreamline the regulatory burdenassociated with the development ofseparate rulemaking packages. All ofthese source categories have four orfewer major sources that would besubject to the standards. This subpart isreferred to as the ‘‘generic MACTstandards’’ subpart. The generic MACTstandards subpart has been structured toallow source categories with similaremission points and MACT controlrequirements to be covered under onesubpart.

In the proposal preamble, we providea discussion on the approach used tocollect and evaluate informationpertaining to MACT and the rationalefor our approach for determining MACTfor source categories with a limitedpopulation of sources (see 63 FR 55181–55184, October 24, 1998). The rationalefor the MACT determination under theMACT standards for the AR production,AMF production, HF production, andPC production source categories is alsodescribed in the proposal preamble (see63 FR 55191–55196, October 24, 1998).

C. Stakeholder and Public ParticipationRepresentatives of the AR production,

AMF production, HF production, andPC production industries and State andlocal agencies were consulted in thedevelopment of the proposed standards.Documentation for stakeholder andpublic participation for these sourcecategories is included in the docket forthese standards (Docket No. A–97–17).Source category-specific supportinginformation is maintained withindockets established for each of thesesource categories (see ADDRESSESsection of this preamble for Docketinformation).

The generic MACT standards wereproposed in the Federal Register onOctober 14, 1998 (63 FR 55178). Weplaced the proposed notice andregulatory text, along with supportingdocumentation, in a docket open to thepublic at that time and made themavailable to interested parties. Publiccomments were solicited at the time ofproposal. Comments were specificallyrequested on the proposed genericMACT approach and the emission pointgeneral control requirement subparts.

To provide interested parties theopportunity for oral presentation ofdata, views, or arguments concerningthe proposed standards, a publichearing was offered on November 25,1998 in Research Triangle Park, NorthCarolina.

The public comment period was fromOctober 14, 1998 to January 12, 1999.The most significant comments andresponses are discussed in section VI ofthis preamble.

III. What Are the Final Standards?

The final rule promulgates standardsfor AR production, AMF production, HFproduction, and PC production thatinclude requirements that reflectexisting emission point controlrequirements for similar sources;requirements that are source category-specific; and requirements that apply toall source categories that are regulatedunder the generic MACT standardssubpart (e.g., general recordkeeping,reporting, compliance, operation, andmaintenance requirements). SectionIII.A of this preamble presents thegeneric MACT standards subpartstructure, and sections III.B through III.Epresent a summary of the promulgatedstandards applicable to each of thesource categories in the final rule.

The final rule applies to process unitsand emission points that are part of aplant site that is a major source asdefined in section 112 of the Act. Theapplicability section of the regulationspecifies what source categories arebeing regulated and defines theemission points subject to the rule.

A. Generic MACT Rule Structure

The following discussion presents asummary of the structure of thestandards included in the final rule.

1. Applicability

The final rule allows source categorieswith similar emission points and MACTcontrol requirements to be coveredunder one subpart. The applicabilitysection specifies the source categoriesand affected source for each of thesource categories subject to the genericMACT standards. This section alsoclarifies the applicability of certainemission point provisions for whichboth the generic MACT standardssubpart and other existing Federalregulations might apply.

2. Definitions

The definitions section of the finalrule specifies definitions that applyacross source categories.



3. Compliance ScheduleThe compliance schedule section of

the final rule provides compliance datesfor new and existing sources.

4. Source Category-specificApplicability, Definitions, andStandards

The source category-specificapplicability, definitions and standardssection of the final rule specifies thedefinitions, and standards that apply toan affected source based onapplicability criteria, for each sourcecategory.

5. Applicability Assessment Proceduresand Methods

If you are an owner or operator of anaffected source, the applicabilityassessment procedures and methodssections of the final rule provideprocedures for you to follow whenassessing whether control requirementsunder the standard applicability sectionof the rule apply. Standard applicabilityassessment procedures (as applicable)are footnoted in the standardrequirement applicability tablesspecified for each source category.

6. Generic Standards and Procedures forApproval for an Alternative Means ofEmissions Limitation

The remaining sections of the finalrule contain provisions that applyacross source categories within thegeneric MACT subpart. Theseprovisions include generic compliance,maintenance, monitoring,recordkeeping, and reportingrequirements. An alternative means ofemission limitation to the design,operational, work practice, orequipment standards specified for eachsource category within the genericMACT subpart may also be establishedas provided in § 63.1113 of 40 CFR part63, subpart YY (Generic MACTStandards).

B. Acetal Resins Production StandardsThe AR production standard regulates

HAP emissions from storage vesselsstoring process feed materials, processvents, and equipment leaks fromcompressors, agitators, pressure reliefdevices, sampling connection systems,open-ended valves or lines, valves,connectors, and instrumentationsystems. Requirements are the same forboth existing and new sources.

1. Storage VesselsStorage vessels with specified sizes

that store materials with specified vaporpressures are required to control HAPemissions by using an external floatingroof equipped with specified primary

and secondary seals; by using a fixedroof with an internal floating roofequipped with specified seals; or bycovering and venting emissions througha closed vent system to one of thefollowing:

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

b. A flare.

2. Process Vents From Continuous UnitOperations (Back End and Front EndProcess Vents)

Front end process vents are requiredto control HAP or total organiccompound (TOC) emissions by ventingemissions through a closed vent systemto a flare, or venting emissions througha closed vent system to any combinationof control devices that reducesemissions of HAP or TOC by 60 percentby weight or to a concentration of 20ppmv, whichever is less stringent. Backend process vents with a total resourceeffectiveness index value (TRE) lessthan 1.0 are required to control HAP orTOC emissions by venting emissionsthrough a closed vent system to a flare,or avoid control requirements ventingemissions through a closed vent systemto any combination of control devicesthat reduces emissions of HAP or TOCby 98 percent by weight or to aconcentration of 20 parts per million byvolume (ppmv), whichever is lessstringent; or by achieving andmaintaining a TRE index value greaterthan 1.0.

3. Equipment Leaks

For equipment containing orcontacting HAP in amounts ≥ 5 percent,HAP emissions are required to becontrolled through the implementationof a leak detection and repair (LDAR)program for affected equipment.

C. Acrylic and Modacrylic FibersProduction Standards

The final standards for AMFproduction consist of standards thatregulate acrylonitrile (AN) emissionsfrom storage vessels, process vents, fiberspinning lines, process wastewatertreatment systems; and equipment leaks.Requirements for individual sources are,for the most part, the same for bothexisting and new sources. The oneexception is fiber spinning lines. Therequirements for spinning lines at newor modified sources remain the same asthose proposed (i.e., an 85 percent ANreduction) with the addition of analternative performance standard thatlimits spinning line emissions to 0.25kilograms AN per megagram (Mg) offiber produced.

The requirements for existingspinning lines at existing AMF sourceshave been revised to better reflectexisting spinning solution ANconcentrations and subsequentemissions relative to the two types ofpolymerization processes used in theindustry. Separate control requirementsare being included in the final rule toreflect the differences in the twopolymerization processes relative tospinning solution or spin dope residualAN concentrations and the technicalfeasibility of applying source reductionmeasures.

As an alternative to these individualsource requirements, if you own oroperate an affected AMF productionfacility you can comply with the finalrule by controlling facility-wide ANemissions (not including equipmentleaks) to a level such that emissions donot exceed 0.5 kilograms of AN per Mgof fiber produced (1.0 pound AN per tonof fiber produced) for existing sources,and 0.25 kilograms of AN per Mg offiber produced (0.5 pounds AN per tonof fiber produced) for new sources.

1. Storage Vessels

Storage vessels storing process feedmaterial would be required to controlAN emissions by using an externalfloating roof equipped with specifiedprimary and secondary seals; using afixed roof with an internal floating roofequipped with specified seals; or byventing emissions through a closed-ventsystem to one of the following:

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

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

c. A flare.

2. Continuous Process Vents

Process vents with vent streams witha HAP concentration ≥50 ppmv wouldbe required to control HAP emissions byventing vapors through a closed-ventsystem to a recovery or control devicethat reduces emissions of HAP or TOCby 98 weight-percent or to aconcentration of 20 ppmv, whichever isless stringent, by using a flare or byventing and using any combination ofcombustion, recovery, and/or recapturedevices. If the controlled vent stream ishalogenated, emissions are required tobe vented to a halogen reduction devicethat reduces hydrogen halides andhalogens by 99 percent or to less than0.45 kilograms per hour (kg/hr) eitherprior to or after (other than by using aflare) reducing the HAP or TOC by 98weight-percent.



3. Fiber Spinning Lines

Spinning lines at suspensionpolymerization existing sources arerequired to reduce the spin dope ANconcentration to 100 (ppmw) or less. Noadditional AN specific emissionreduction levels have been identified inthis final rule for these sources. Nocontrol requirements are specified in thefinal rule for existing spinning lines atsolution polymerization sources. Newand modified sources are required eitherto reduce AN emissions by greater thanor equal to 85 percent, reduce the spindope AN concentration to 100 ppmw, orlimit spinning line emissions to 0.25kilograms AN per Mg (0.5 lb AN perton) of fiber produced.

4. Equipment Leaks

For equipment containing orcontacting AN in amounts ≥10 percent,HAP emissions would be required to becontrolled through the implementationof an LDAR program for affectedequipment. This requirement applies toequipment leaks from compressors,agitators, pressure relief devices,sampling connection systems, open-ended valves or lines, valves,connectors, or instrumentation systems.

We chose to regulate AMF productionfacilities based on the control ofpollutant streams containing AN. Thispollutant is the principal HAPassociated with and emitted from AMFproduction facilities. Other organic HAPconstituents, where present, would onlybe associated with those pollutantstreams containing AN. We expect thatwhere sources control AN emissions,comparable levels of control will beachieved for other organic HAP emittedfrom AMF production facilities.

D. Hydrogen Fluoride ProductionStandards

The HF production standards regulateHAP emissions from storage vessels;process vents on HF recovery andrefining vessels; bulk loading of HFliquid into tank trucks and railcars; andequipment leaks from compressors,agitators, pressure relief devices,sampling connection systems, open-ended valves or lines, valves,connectors, or instrumentation systems.Requirements are the same for bothexisting and new sources.

1. Storage Vessels and Transfer Racks

Storage vessels and transfer loadingracks are required to control HFemissions by venting to a recoverysystem or wet scrubber designed andoperated to achieve a 99 percent byweight removal efficiency.

2. Process Vents From Continuous UnitOperations

Process vents for HF recovery andrefining are required to control HFemissions by venting emissions to a wetscrubber designed and operated toachieve a 99 percent by weight HFremoval efficiency.

3. Equipment LeaksAll equipment leaks are controlled

through a LDAR program.

E. Polycarbonate Production StandardsThe PC production standards regulate

organic HAP emissions from processvents, storage vessels, and equipmentleaks. Different requirements andapplicability criteria apply for existingand new sources.

1. Storage VesselsStorage vessels with specified sizes

that store materials with specified vaporpressures are required to control organicHAP emissions by using an externalfloating roof equipped with specifiedprimary and secondary seals; by using afixed roof with an internal floating roofequipped with specified seals; or byventing emissions through a closed ventsystem to a control device. Some vesselsmust use a closed vent system andrecovery or control device, based onvessel size and the vapor pressure of thestored material.

2. Process VentsProcess vents from continuous unit

operations and combined vent streams(combinations of streams fromcontinuous and/or batch unitoperations) that have a TRE index valueless than or equal to 2.7 are required tocontrol organic HAP emissions byventing emissions through a closed ventsystem to a control device that reducestotal organic HAP by 98 percent byweight, or reduces the concentration oftotal organic HAP or TOC to 20 ppmv,whichever is less stringent.

3. Equipment LeaksFor equipment containing or

contacting organic HAP in amounts ≥ 5percent, organic HAP emissions arerequired to be controlled through theimplementation of an LDAR program foraffected equipment.

IV. What Are the Impacts AssociatedWith the Final Rule?

The impacts resulting from thepromulgated standards for the sourcecategories (i.e., AR production, AMFproduction, HF production, and PCproduction) are determined relative tothe baseline that is set at the level ofcontrol in absence of the rule. The

emissions reductions associated withthe application of the control orrecovery devices for the regulatedsource categories are expected to besmall as the AR, AMF, HF, and PCproduction facilities affected by thisrule essentially already have a level ofcontrol equivalent to that determined tobe MACT.

Based on previous impacts analysesassociated with the application of thecontrol and recovery devices requiredunder the standards and because each ofthe four regulated source categorieshave only five or fewer major sources,we believe that there will be minimal,if any, adverse environmental or energyimpacts associated with the finalstandards.

Likewise, based on availableinformation, we estimate that the costand economic impacts of the finalstandards for the four source categoriesbeing regulated will be insignificant orminimal. The economic analyses foreach of the four source categories can beobtained from the dockets establishedfor these source categories (seeADDRESSES).

V. The Legal Basis for Generic MACTApproach

A. The Generic MACT Approach

The basic objectives of generic MACTare to conserve our limited resources,avoid unnecessary duplication of effort,and encourage consistency in ourregulatory determinations. The genericMACT concept is based on applying theknowledge that we have already gainedin the development of MACT standardsunder section 112 of the Act to sourcecategories with a small number offacilities. As the source categorybecomes smaller, the likelihood that thebest control strategies will have alreadybeen implemented for the sources inthat category also becomes smaller.Thus, as the source category becomessmaller, it is more important for uswhen determining MACT for existingsources to consider control strategiesthat have been evaluated for similartypes of sources in other sourcecategories.

Just as we need to look beyond thesource category itself in determiningMACT for smaller source categories, thestatutory MACT floor becomesincreasingly less important as aregulatory safeguard as the number offacilities used to determine it declines.This is not only because the existingemission controls in a small sourcecategory are likely to be lessrepresentative of the range of practicaltechnologies and strategies. It also isbecause, in the larger source categories,



the MACT floor is derived from a subsetof all sources in the category whichhave achieved greater control.

While we have concluded that thestatutory scheme is in fact somewhatambiguous with respect to deriving aMACT floor for source categories withfive or fewer sources, in developing thegeneric MACT concept, we havenevertheless assumed that compliancewith the MACT floor is required in allinstances. However, we also haveconcluded that there are circumstanceswhere we may reasonably determinecompliance with the MACT floorwithout a separate numerical analysis.One circumstance where we believe anon-quantitative evaluation may beappropriate occurs when theinformation we have collectedconcerning sources in a small category(i.e. a category with five or fewersources) supports a basic premise thatthey are similar to a larger group ofpreviously regulated sources, and wherewe adopt a MACT standard which isbased on the prior MACTdeterminations for the larger group ofsources. In this circumstance, the smallnumber of sources in the category, ourprior experience with MACTdeterminations for similar sources inother categories, and the efficacious useof public and private resources make anon-quantitative evaluation of MACTfloor compliance appropriate.

In each of the prior standards fromwhich a generic MACT standard isderived, we selected a level of controlequal to or greater than the MACT floorfor the category in question, and each ofthose MACT floors was itself derivedfrom a subset of the category in questionconsisting of the best-controlledfacilities. So long as our evaluation ofthe sources in a small categoryaccording to our criteria for similarity(as summarized below) indicates thatthey are like the sources we previouslyregulated, and we do a separate MACTanalysis rather than adopting a genericstandard whenever we find that thesources in the small category haveachieved greater control or areotherwise unlike the previouslyregulated sources in a meaningful way,we believe that a generic standard willmeet all the statutory requirements.

Several commenters stated that theproposed generic MACT approach doesnot comply with the statutory schemebecause a two-step analysis beginningwith a numerical MACT floordetermination is mandatory. To theextent that these comments are based onan assumption that our practice hasalways been to prepare a quantitativeMACT floor analysis for a particulargroup of emission points before

determining MACT for those emissionpoints, this premise is incorrect. Insome instances, we have determinedthat a particular MACT requirement issufficient to assure compliance with theMACT floor based on a qualitativeanalysis of the emission points inquestion.

We are not suggesting that thequestion of compliance with thestatutory MACT floor can bedisregarded. If the commenters haveconcluded that we intend to ignore thisissue in developing generic MACTstandards, they have misunderstood ourproposal. However, to the extent thatthe commenters instead are arguing thatwe have no discretion to establishalternate methodologies for determiningcompliance with the MACT floor, wedisagree.

Even if we assume that the MACTfloor provision applies to smallcategories, the statute requires only thatwe conclude that the MACT floor hasbeen met by the promulgated standard.We do not agree that the statute requiresus to use exactly the same methodologyin every instance. A recent decision bythe D.C. Court of Appeals expressly heldthat we ‘‘have wide latitude indetermining the extent of data-gathering’’ required to determinecompliance with the MACT floor, andthat we may base our conclusions on a‘‘reasonable inference.’’ Sierra Club v.EPA, No. 97–1686 (D.C. Cir. March 2,1999), slip op. at 7–9.

No source category will be selectedfor inclusion in the Generic MACTprogram until we have collected theinformation pertaining to sources in thatcategory necessary to evaluate suchsources according to the specific criteriafor similarity set forth below. Inpractice, these criteria cannot be appliedunless we have collected informationwhich would also be sufficient to permita general qualitative assessment of thoseexisting controls which would representthe MACT floor for that category. If theinformation we have collected for acategory which is a candidate forGeneric MACT suggests that a MACTstandard derived from our prior MACTdeterminations for sources in othercategories would be less stringent thana MACT floor derived from suchexisting controls, we will not utilizeGeneric MACT in that instance. Webelieve our process for seeking earlystakeholder involvement indevelopment of a proposed standardwill assure that we have sufficientinformation concerning existingemission controls at affected facilities toapply these criteria.

Generic MACT standards will alwaysbe adopted by notice and comment

rulemaking. If we have incorrectlyevaluated the issue of MACT floorcompliance, affected sources in thecategory and other interested personswill have an opportunity to point thisout during the comment period. If weconclude, based on such comments, thata small source category or one or morefacilities within a small source categoryis not an appropriate candidate forgeneric MACT, we will not use ourgeneric data base to determine MACTfor that category or facility.

There were no commenters whoargued directly that a standarddeveloped using the generic MACTapproach might be insufficientlystringent to satisfy the MACT floor,although certain industry commentersdid state that omission of a separatenumerical MACT floor analysis isimpermissible. In evaluating thisargument, we believe that the key pointis that the standard that affectedindustry sources must ultimately meetis MACT itself, not the MACT floor.

If we were to erroneously adopt aGeneric MACT standard less stringentthan the MACT floor, this would haveno adverse effect on the sources inquestion. Moreover, if we correctlydetermine MACT for a small sourcecategory and the resultant standardhappens to be more stringent than theMACT floor for that category, themanner in which we determinedcompliance with the MACT floor wouldnot be relevant when assessing anyeffect on the sources in question.

The commenters may believe thatdoing a quantitative MACT flooranalysis will assist us in discoveringmeaningful differences between thesources in a small category and thelarger groups of facilities used inderiving the generic MACT standard tobe applied to that category. Thesecommenters may be concerned that ourutilizing a generic approach indeveloping certain MACT standardswill cause us to disregard suchdifferences. This type of concern aboutthe quality of our analysis on the issueof similarity is reasonable. We agree thatthe issue of similarity must be carefullyevaluated before we elect to utilize ageneric MACT approach for sources ina small category.

One industry commenter states thatthe generic MACT approach does notmeet statutory requirements because wemust perform a ‘‘cost-benefitevaluation’’ for each decision to imposecontrol requirements beyond the MACTfloor. This commenter contends thatthis cost-benefit evaluation must bebased on the incremental costs andbenefits of additional controls ascompared to the MACT floor. This



commenter also asserts that this cost-benefit analysis would considerpotential differences in ‘‘publicexposure’’ and ‘‘health benefits’’between the sources in a small categoryand the sources from which a genericMACT standard was derived. Thesecomments do not correctly interpretstatutory requirements.

We are required to consider the costof achieving emission reductions, andany non-air quality health andenvironmental impacts and energyrequirements, in deciding what level ofcontrol constitutes MACT. This basicstatutory requirement is applicable to allMACT standards, including anyproposed generic MACT standard.Those emission controls which havealready been demonstrated at facilitiesin the source category in question areobviously relevant to our determinationof MACT. But the commenter isincorrect in implying that there is adirect connection between calculationof the MACT floor and thedetermination of MACT itself.

The assertion by this commenter thatpublic exposure or the direct healthbenefits of reductions in HAP emissionsare a factor in establishing MACT is alsoincorrect. Congress created the presentstatutory approach requiring MACTstandards to replace a prior processwhere NESHAPs were based on healthrisks rather than on the practicality ofcontrols. Although we do not considerhealth risks in determining MACT, therelative magnitude of the incrementalemission reductions which particularcontrols would achieve may be anelement in our determination whetherparticular controls would be costeffective. Moreover, there are otherSection 112 programs such as the urbanstrategy and residual risk assessmentwhere we will be considering thepotential health risks presented byHAPs.

If a commenter persuades us thatthere are differences between a sourceor group of sources and the sourcecategories from which we derived ageneric MACT standard, and that thesedifferences are sufficiently material tomake adoption of that standardinappropriate (taking into account thecost of achieving emission reductions,and any non-air quality health andenvironmental impacts and energyrequirements), we will establish MACTfor that source or group of sources by analternative methodology. In instanceswhere it is appropriate, we may adoptsuch an alternative final standard aspart of an existing rulemaking. We mayalso use elements of one of the standardstandards in formulating an alternative

standard for that source or group ofsources.

Indeed, there is an example of thisapproach among the standards we arepromulgating today. We originallyproposed to apply the same genericstandard to all AMF productionfacilities. During the comment period,one of these facilities persuaded us thatthere are significant differences betweenAMF spinning operations and thesources from which we derived theproposed standard for spinningoperations, which make emissioncontrols based on enclosure of AMFspinning impractical. The degree ofcontrol which is attainable withoutenclosure also differs depending onwhether an existing facility uses asuspension polymerization or solutionpolymerization process. The finalstandard includes separate requirementsfor each of these two types of spinningoperations, but is otherwise based ongeneric MACT procedures.

B. Criteria for Determining Suitability ofGeneric MACT

Three commenters noted that thecriteria which we will use in decidingwhether a small source category is asuitable candidate for use of genericMACT were discussed in the preambleof the proposal but were not included inthe proposed regulatory text. Thesecommenters recommended that weincorporate such criteria in theregulatory text.

We agree that objective criteria formaking the determination of similarityare needed and that we should applysuch criteria in a consistent mannereach time we elect to utilize genericMACT procedures. We also agree thatwe should discuss the criteria we areutilizing, and the manner in which wehave applied such criteria, whenever wedecide that a small source category is anappropriate candidate for the genericMACT approach.

Although we do not believe that it isnecessary that we incorporate suchcriteria in specific regulatory text, forthe sake of clarity we will restate ourcriteria here. In deciding whether or nota source category or subcategory issufficiently similar to a group of sourcesthat we have previously regulated thatit would be appropriate for us to derivegeneric control requirements from priorMACT determinations, we will considereach of the following factors:

(1) Differences in the volume andconcentration of HAP emissions,

(2) Differences in the type of HAPsemitted,

(3) Differences in the type of emissionpoints subject to control,

(4) Differences in the technicalpracticality and cost-effectiveness ofemission controls,

(5) Whether the source category orsubcategory being considered forgeneric control requirements presentsunusual hazards that may have causedprior adoption of control requirementsmore stringent than those which wouldbe derived from prior MACTdeterminations, and

(6) Whether sources in the sourcecategory or subcategory beingconsidered for generic controlrequirements have already achievedemission limitations more stringent thanthose which would be derived fromprior MACT determinations. In additionto these criteria, we may also decide toconsider other factors in making futuresimilarity determinations.

One commenter also raised a specificconcern about the issue of similaritywhich suggests that the commenter didnot fully understand our position. In thepreamble we discussed factors whichmight undercut ‘‘the basic premise that[a small source category] is similar tothe larger group of previously regulatedsources.’’ The commenter interpretedthis statement as indicating that wemight start with a basic premise ofsimilarity for source categories underconsideration for generic MACT whichmust then be refuted. This is anincorrect interpretation. We werereferring to the basic premise ofsimilarity which must be satisfiedbefore we conclude that use of genericMACT is appropriate. We will apply ourcriteria first and will not select a sourcecategory for inclusion in generic MACTif we conclude that it is different in amaterial way from the sources we havepreviously regulated.

C. Adequacy of Notice and CommentOne commenter argues that, since

sources in a small source category couldnot have anticipated that previousMACT determinations for large sourcecategories would serve as precedents forthe MACT determination for theirsource category, generic MACTprocedures deny due process to suchsources. We strongly disagree with thisargument. Things we learn indeveloping one standard are oftenuseful when we develop subsequentstandards. There is no reason why weshould not use our previous experiencein a constructive manner merelybecause a regulated party did notparticipate in the prior rulemaking.

Each time generic MACT proceduresare used, we will do notice andcomment rulemaking. Each source in asmall source category will have a fullopportunity to explain why our



previous experience does not apply toits circumstances, or to argue otherwisethat the source category is not a suitablecandidate for the generic MACTapproach.

D. Date for Determining New Sources

One commenter expressed concernthat sources in small categoriessubjected to Generic MACT in the futurewould be considered new sources ifconstructed or reconstructed after theproposal date for this currentrulemaking. This result would not bereasonable and is not our intention. Thedate used to determine whether a sourceis a new source under section 112(a)(4)will be the date on which wespecifically propose to apply GenericMACT standards to the source categoryin question.

VI. What Are the Significant Commentsand Changes Made on the ProposedStandards?

A complete summary of the publiccomments on the generic MACTstandards and our responses arepresented in the BID for thepromulgated standards, as referenced inthe ADDRESSES section of this preamble.The summary of comments andresponses in the BID serve as the basisfor the revisions that have been made tothe standards between proposal andpromulgation. We received manycomments addressing a wide variety ofissues, including the generic MACTapproach and the proposed standards.The comments have been carefullyconsidered, and, where determined tobe appropriate by the Administrator,changes have been made in thepromulgated standards.

The following sections discuss themost significant issues raised bycommenters and our responses to them.

A. MACT for Acrylic and ModacrylicFiber Production—Changes Made SinceProposal

1. Definitions

In today’s final rule for AMFproduction, a definition of ‘‘spin dope’’has been added to resolve applicabilityissues and to clarify the intent of thestandards for spinning lines under therules. In the proposed rule, spinningline control requirements were based onan applicability cutoff for ANconcentration in the ‘‘spinning solutionor spin dope.’’ Commenters stated thatthe use of the term spinning solutionalone could cause some confusionbecause the bath into which the fiberpolymer and solvent mixture (i.e., spindope) is extruded is also referred to inthese terms. They also suggested that

the term ‘‘spin dope’’ be defined toclarify that the concentration cutoffrefers to the AN content of the mixtureof polymer and solvent that is fed to thespinneret to form the fibers. The finalrule contains the definition of spin dopeand clarifies the use of both terms,spinning solution and spin dope, forpurposes of applicability to controlrequirements.

2. Standards for Spinning LinesDuring the spinning process,

unreacted monomer and organic solventused to dissolve the polymer arevolatilized into room air. Major processfugitive emission points include thefiltering, spinning, washing, drying andcrimping steps.

At proposal, we concluded that ifenclosures were constructed to capturethe spinning process emissions, theresulting enclosed emission streamswould have similar characteristics to theprocess vent streams covered by otherparts of this standard where we hadalready determined MACT for similarvents in the chemical and relatedindustries. This is the basis for thesynthetic fiber new source performancestandard (NSPS), 40 CFR Part 60Subpart HHH, regarding volatile organiccompound (VOC) emissions. Because ofthe AMF industry fiber spinningemission similarities, we concluded thatMACT for AMF fiber spinning lineswith a spinning monomer ANconcentration equal to or greater than100 ppmw was the use of an enclosurearound the spinning and washing areasof the spinning line and venting thecaptured emissions of the enclosure toan appropriate control device. Theoverall AN emission reductionsproposed were to achieve overallcontrol efficiency of greater than orequal to 85 percent by weight. Thisvalue was proposed and is based on theassumption that the enclosure achievesa minimum capture efficiency of 90percent by weight, and the capturedvapor stream is routed to an organicrecovery or destruction control devicethat achieves a total HAP reduction of95 percent by weight or greater.

The proposed rule containedflexibility for facilities in selectingmethods to reduce HAP emissions fromtheir operations. There are two types ofpolymerization and spinning operationsutilized at AMF production plants:solution and suspension processes.Several of the plants using thesuspension process have used sourcereduction/pollution preventiontechniques to significantly reduce theamount of residual AN monomer in thefiber spinning solution or spin dope. Byreducing the AN content prior to

spinning and fiber processing, thissource reduction technique reduces theamount of AN that is ultimatelyvolatilized into the room air and emittedto the atmosphere. The proposalpreamble argued that it was appropriateto establish an alternative for thoseowners and operators who prefer to usesource reduction or pollutionprevention measures to reduce spinningline AN emissions rather than installcapture/add-on control systems for theirspinning lines under the individualsource standards. Specifically, amaximum limit on the residual ANcontent within the spinning monomerwhich provided a level of AN emissioncontrol comparable to add-on controlswas proposed. This was represented bythe 100 ppmw cutoff in table 2 of theproposed rule. Therefore, in theproposed rule, capture/add-on controlsystems were required only for thosespinning lines using a spinning solutionor spin dope having a total organic HAP(i.e., AN monomer) concentration equalor greater than 100 ppmw. The 100ppmw criterion or action level wasbased on estimates of the amount ofresidual AN monomer in the spin dopefound in suspension polymerizationprocess with application of sourcereduction measures (i.e., pollutionprevention) to remove the residual ANprior to spinning.

Public comments on the proposalargued that the similarity argumentsregarding capture/add-on controlsystems were not valid. They alsoargued that there are differencesbetween existing solution andsuspension processes which need to beconsidered in establishing emissionlimits for existing processes. Wereassessed the control requirements forspinning operations based on thesecomments. In doing so, a series ofquestions were considered, as outlinedin the following paragraphs.

i. Are there capture/control systemsbeing used on spinning operations inthis industry? Do we have MACTregulations requiring capture/add-oncontrol for similar processes in otherindustries? In practice, there are noAMF production facilities within thissource category which have enclosedand captured the emissions from theirspinning lines and vented them to acontrol device. The success of add-oncontrols system applications to existingfiber spinning lines relies on enclosureof the existing spinning lines. TheMACT process vent rules used as thebasis for the similarity argument in theproposal preamble apply to processeswhich are typically already enclosed(e.g., reactors) or very easily enclosed asa normal part of the process, whether



the emissions are controlled or not.Enclosing spinning operations requiresconsideration of a variety of factors suchas worker access and safetyrequirements that must be factored intoretrofitting designs unique to thisindustry. We have not been able, at thistime, to identify MACT standardsbeyond those considered at proposalwhich apply to situations sufficientlysimilar to the AMF spinning lines to useas the basis for a similarity argument.

Some existing spinning line processesare subject to the NSPS for syntheticfiber production plants. Thecommenters pointed out that thesespinning lines are in compliance withthe NSPS through source reductionmeasures rather than the NSPSidentified reduction techniques ofinstalling enclosures and add-on controldevices. As a result of our review of thespinning line emissions and proposedrule basis of enclosure and control, wehave concluded that the originalassumption of similar enclosure andcontrol applications does not apply tothese existing spinning lines.

ii. Can the pollution preventioncontrol techniques being used by severalof the plants with suspension spinningoperations be used for the solutionprocess in existing facilities? Althoughthe air emission and sourcecharacteristics for all other emissionpoint types (i.e., tanks, equipmentcomponents, wastewater treatmentunits) are similar throughout the sourcecategory, the solution and suspensionprocesses associated with the spinningoperations differ from each other in theprocessing steps and the acrylonitrileconcentrations in the process materialsand associated emissions. Solutionpolymerization spin dope for fiberproduction contains, by product andprocess design, a significantly higherconcentration of residual AN monomerthan does suspension polymerization.The public comments argued that theapplication of the pollution preventiontechniques being used for suspensionprocesses (e.g., steam stripping of excessmonomer, scavenger solvents) toexisting solution processes is not viablebecause of the physical nature of thesolution polymerization process.Specifically, application of highefficiency residual AN polymer steamstripping (incorporated to reducedownstream emissions) is technicallyfeasible to incorporate into thesuspension process and is not feasiblefor a solution polymerization processbecause the latter does not produce asolid polymer product that can beintroduced to direct steam contactwithout contamination. At solutionpolymerization facilities, other

pollution prevention or sourcereduction measures which formed theinitial technical basis for determiningthe 100 ppmw action level for allspinning lines may not be capable ofachieving the higher AN removal ratesof the higher residual monomerconcentration present in solutionpolymerization fiber spinningoperations. We agree with the publiccomments that incorporating thepollution prevention techniques to anexisting solution process spinning lineis not viable.

iii. Are there any other controlsystems that could be applied to thesolution process? We considered controlof all HAP emissions from the entirebuilding’s exhaust system. Such anexhaust would have very high flow/lowpollutant concentration stream; suchstreams are typically difficult to controlto a high level of efficiency and alsorequire very large, expensive controldevices. In addition, the publiccomments pointed out that retrofittingcarbon adsorption to the buildingexhaust may not be a technically viablealternative for existing AMF spinninglines. This is because low volatilityorganic solvent is typically used in thesolution process to provide thereductions of VOC emissions to meetthe NSPS. This solvent has a muchhigher molecular weight and boilingpoint than either the AN or organicsolvents typically used. Solvents arealso present in a higher emissionexhaust concentration relative to theAN; thus, exacerbating common carbonbed adsorption/desorption problems.This is a reasonable argument withrespect to the specific solventformulation and concentrationanticipated at the emission point(building exhaust). The use of activatedcarbon appears to have limitedfeasibility because of carbon adsorptioninterferences caused by the non-HAP,low volatility organic solvent used inthe spinning process. In addition, thepresence of a solvent with a high boilingpoint makes cost-effective measuressuch as on-site regeneration of theactivated carbon less effective or viablefor consideration. We, therefore, havenot identified at this time a basis forrequiring building exhaust controlsystems for solution processes. Therecan also be potential difficultiesassociated with retrofitting otherconventional control technologies atexisting fiber spinning lines. Theparticular solvents used on somespinning operations may require that ascrubber be installed in addition to acatalytic or thermal incinerator tocontrol pollutants generated as by-

products of combustion. In addition, thecatalyst used for catalytic incinerationdevices may also be limited because thesolvent used in some of the affectedexisting operations will foul or poisonconventional catalyst.

iv. What changes need to be made tothe final rule for existing sources toreflect these considerations? Weconcluded that there is no basis at thistime to require capture and controlsystems for existing AMF fiber spinningoperations. Therefore, the 85 percentcontrol requirement is being removedfor existing AMF spinning operations.

In addition, the solution andsuspension processes are being treatedseparately in the final rule to betterreflect spin dope AN concentrations andsubsequent emissions relative to the twotypes of polymerization processes usedin this industry. The performancerequirement based on source reductionmeasures (i.e., formatted in terms of thespin dope AN concentration) is beingretained for existing suspensionpolymerization processes; this willensure that facilities continue to use thetechniques they have already adopted.Therefore, a separate performancerequirement or emission limit (i.e., the100 ppmw spin dope criterion forsuspension polymerization) is beingincluded in the final rule to reflect thedifferences in spinning solution or spindope residual AN concentrations andthe technical feasibility of applyingsource reduction measures at existingfacilities. In the proposed rule, the spindope concentration limit was formattedas an applicability criterion for thespinning line control requirements; inthe final rule, the format has beenchanged to specify the limit as analternative performance standard. Thisis considered a format change only anddoes not result in any substantivechanges to the source requirements. Nocontrol requirements are specified forsolution polymerization processes atexisting sources. We will reexamine theapplicability of various control systemoptions for spinning operations usingthe solution process during the residualrisk analysis phase of these standards.Any new information will be collectedand the viability of systems designedspecifically for this industry will beassessed.

v. Are there any changes for newsources? The final requirements forAMF fiber spinning lines that are partof a new or modified source remain asproposed. The operating and designconstraints that limit the application ofenclosures and controls at new spinningoperations (e.g., selection of solventsfrom a variety of possible solvents usedfor particular fibers, reactor process



modifications to accommodate newmonomers, spin line configurationlayouts, and other process and siteconsiderations), are not limiting factorsfor new and modified sources; therefore,the new and modified source MACTrequirements are not being significantlyrevised. The 85 percent reductionoption has been retained for newsources in order to provide flexibilityfor future development of means toachieve equivalent emission reductions,and the source reduction performancelimit (i.e., the 100 ppmw spin dopeconcentration) is also included toprovided operational and controlflexibility.

An additional control option for newand modified sources that was notproposed is being added to the finalrule. This option is part of theindividual source standards in§ 63.1103(b)(3)(i) and allows the owneror operator to reduce AN emissionsfrom a spinning line that is a part of anew or modified source to less than orequal to 0.25 kilograms per Mg of fiberproduced (i.e., 0.5 lb per ton). Thisalternative standard will allow greaterflexibility to facility owners andoperators in selecting the type ofcontrols, including pollution preventionmeasures, that can be applied to theirspinning operations to reduce HAPemissions.

An additional change is being made tothe AMF standards to correct aninadvertent typographical error. InTable 3 to § 63.1103 that lists therequirements for owners and operatorscomplying with paragraph (b)(3)(ii) ofthe section, the facility-wide emissionlimits are presented as ‘‘. . . less thanor equal to 1.0 kilograms (kg) pfacrylonitrile per megagram (mg) of fiberproduced’’ for existing sources and‘‘* * * less than or equal to 0.5kilograms (kg) of acrylonitrile permegagram (mg) of fiber produced’’ fornew sources. These values should read‘‘* * * less than or equal to 0.5kilograms (kg) of acrylonitrile permegagram (mg) of fiber produced (i.e.,1.0 pound AN per ton of fiberproduced)’’ for existing sources and‘‘* * * less than or equal to 0.25kilograms (kg) of acrylonitrile permegagram (mg) of fiber produced (i.e.,0.5 pound AN per ton of fiberproduced)’’ for new sources. The correctvalues for the emissions limits areclearly stated in the preamble to theproposed rule (63 FR 55185, October 14,1998). These same values are alsoincluded in our presumptive MACTdocument (Docket Item 11–A–5 inDocket No. A–97–18) that wasdeveloped in collaboration with theindustry and State and local agencies.

B. Process and Maintenance WastewaterStream Provisions

Two commenters provided commenton the process wastewater streamprovisions proposed on October 14,1998. One commenter provided that theproposed provisions do not specify thelocation for determining HAPconcentration. The commenter statedthat it seems appropriate to make thisdetermination at the entrance to eachwastewater treatment system unit. Thecommenter recommended that adefinition for ‘‘point of determination’’be made and that references to ‘‘point ofgeneration’’ be changed to ‘‘point ofdetermination.’’ The commenter alsostated that an owner or operator shouldbe allowed to use all of the test methodsspecified in subparts F,G, and H of thispart (collectively known as the ‘‘HON’’)when determining HAP concentrationsin wastewater.

Another commenter stated that therewas no information or requirements fortreatment or destruction of wastewaterstreams leaving the process unit, andthat the proposal only requires controlof secondary emissions from equipmenthandling the wastewater stream.

Based on comments received, andevaluation of the proposed process andmaintenance wastewater streamprovisions, we agree that the proposedprocess and maintenance wastewaterstream provisions were not adequate. Inaddition to the identified applicabilityprocedures and treatment requirementdeficiencies, we identified a number ofother deficiencies in the proposedstandards that were not intended.

Therefore, we have deferred takingfinal action regarding provisionsapplicable to process and maintenancewastewater streams for the AR, AMF,and PC production source categories.We have withdrawn the proposedprocess and maintenance wastewaterprovisions from the promulgated rule.

In a SNPR published elsewhere intoday’s Federal Register, we reopen thecomment period specifically to requestadditional comment on proposedamendments to the promulgatedstandards for process and maintenancewastewater for the AR, AMF, and PCproduction source categories. Theamendments to the promulgatedstandards incorporate and cross-reference appropriate process andmaintenance wastewater provisions ofthe HON for the AR, AMF, and PCproduction source categories. Theseamendments respond to commentsreceived, eliminate identifieddeficiencies that existed in the proposedstandards, and reflect our intent.

We plan to take final action regardingthe amendments to the proposedprovisions for process wastewaterstreams for the AR, AMF, and PCproduction source categories byNovember 15, 1999.

VII. Administrative Requirements

A. Docket

The docket is an organized andcomplete file of the administrativerecord compiled by us in thedevelopment of this rule. The docket isa dynamic file, since material is addedthroughout the rulemakingdevelopment. The docketing system isintended to allow members of the publicand industries involved to readilyidentify and locate documents so thatthey can effectively participate in therulemaking process. Along with thestatement of basis and purpose of theproposed and promulgated standardsand our responses to significantcomments, the contents of the docketwill serve as the record in case ofjudicial review (except for interagencyreview materials) (see 42 U.S.C.7607(d)(7)(A)).

B. Paperwork Reduction Act

The information collectionrequirements in this rule have beensubmitted for approval to OMB underthe Paperwork Reduction Act, 44 U.S.C.3501, et seq. An Information CollectionRequest (ICR) document has beenprepared by us (ICR No. 1871.02) and acopy may be obtained from SandyFarmer, OPPE Regulatory InformationDivision, U.S. Environmental ProtectionAgency (2137), 401 M Street, SW,Washington, DC 20460 or by calling(202) 260–2740. The informationrequirements are not effective untilOMB approves them.

The information collections requiredunder this rule are needed as part of theoverall compliance and enforcementprogram. The information will be usedby us to ensure that the regulatedentities are in compliance with the rule.In addition, our authority to takeadministrative action would be reducedsignificantly without the collectedinformation. The recordkeeping andreporting requirements are mandatoryand are being established under section114 of the Act. The generic MACTstandards require owners or operators ofaffected sources to retain records for aperiod of 5 years. The 5-year retentionperiod is consistent with the GeneralProvisions (subpart A) of 40 CFR part63, and with the 5-year record retentionrequirement in the operating permitprogram under title V of the Act.



All information submitted to us forwhich a claim of confidentiality is madewill be safeguarded according to ourpolicies set forth in title 40, chapter 1,part 2, subpart B, Confidentiality ofBusiness Information (see 40 CFR part 2;41 FR 36902, September 1, 1976;amended by 43 FR 3999, September 8,1978; 43 FR 42251, September 28, 1978;and 44 FR 17674, March 23, 1979).

The total estimated annual averagehourly and annual average cost burdenper respondent for the standards for theAR production, AMF production, HFproduction, and PC production sourcecategories are 6,125 hours and $262,700.These burden hour and cost estimatesfor monitoring, recordkeeping, andreporting are aggregated for affectedsources and averaged over the first 3years of the rule.

Burden means the total time, effort, orfinancial resources expended by personsto generate, maintain, retain, or discloseor provide information to or for aFederal agency. This includes the timeneeded to review instructions; develop,acquire, install, and utilize technologyand systems for the purposes ofcollecting, validating, and verifyinginformation, processing andmaintaining information, and disclosingand providing information; adjust theexisting ways to comply with anypreviously applicable instructions andrequirements; train personnel to be ableto respond to a collection ofinformation; search data sources;complete and review the collection ofinformation; and transmit or otherwisedisclose the information.

Any Agency may not conduct orsponsor, and a person is not required torespond to, a collection of informationunless it displays a currently valid OMBcontrol number. The OMB controlnumbers for our regulations are listed in40 CFR part 9 and 48 CFR chapter 15.

C. Executive Order 12866

Under Executive Order 12866 (58 FR51735, October 4, 1993), we mustdetermine whether the regulatory actionis ‘‘significant’’ and therefore subject toreview by the Office of Management andBudget (OMB) and the requirements ofthe Executive Order. The Order defines‘‘significant regulatory action’’ as onethat is likely to result in a rule that may:

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

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

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

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

Pursuant to the terms of ExecutiveOrder 12866, we have determined thatthis final rule may be construed as a‘‘significant regulatory action’’ undercriterion (4) above. Today’s final rulemay be considered novel in certainrespects because it includes newpolicies and procedures pertaining to ageneric MACT program, which will beutilized by us in establishing NESHAPunder section 112 of the Act for certainsmall source categories consisting offive or fewer sources. As part of thisgeneric MACT program, we will beusing an alternative methodology underwhich the we will make MACTdeterminations for appropriate smallcategories by referring to previousMACT standards that have beenpromulgated for similar sources in othercategories. The basic purposes of thisgeneric MACT program are to use publicand private sector resources efficientlyand to promote regulatory consistencyand predictability in MACT standarddevelopment.

D. Executive Order 12875Under Executive Order 12875, we

may not issue a regulation that is notrequired by statute and that creates amandate upon a State, local or tribalgovernment, unless the Federalgovernment provides the fundsnecessary to pay the direct compliancecosts incurred by those governments, orwe consult with those governments. Ifwe comply by consulting, ExecutiveOrder 12875 requires us to develop aneffective process permitting electedofficials and other representatives ofState, local and tribal governments ‘‘toprovide meaningful and timely input inthe development of regulatory proposalscontaining significant unfundedmandates.’’ Today’s rule implementsrequirements specifically set forth bythe Congress in section 112 of the Actwithout the exercise of any discretionby us. Accordingly, the requirements ofsection 1(a) of Executive Order 12875 donot apply to this rule.

E. Regulatory Flexibility Act/SmallBusiness Regulatory EnforcementFairness Act of 1996

The Regulatory Flexibility Act (RFA)of 1980 (5 U.S.C. 601, et seq.), as

amended by the Small BusinessRegulatory Enforcement Fairness Act of1996 (SBREFA), requires the EPA togive special consideration to the effectof Federal regulations on small entitiesand to consider regulatory options thatmight mitigate any such impacts. Smallentities include small businesses, smallnot-for-profit enterprises, and smallgovernmental jurisdictions.

Each of the specific MACT standardsadopted in this rulemaking applies to asource category with five or fewer majorsources; therefore, this rule will nothave a significant impact on asubstantial number of small entities,and a regulatory flexibility analysis wasdetermined to be unnecessary.

The Generic MACT procedures we areannouncing today may also be appliedto other small source categories in thefuture. Moreover, it is possible that theMACT standards for some larger sourcecategories may reference or incorporatesome element of the generic standardswe are adopting for certain types ofemission points. In any case, the natureof any regulatory impacts and theapplicability of RFA requirements arematters that will be separatelyaddressed in any subsequentrulemaking that utilizes Generic MACTprocedures or incorporates genericstandards.

Although it was not required by thestatute, we conducted a limitedassessment of possible outcomes andthe economic effect of the proposedstandards on small entities as part of theeconomic analysis conducted beforeproposal for each of the sourcecategories for which standards are beingpromulgated. These limited assessmentsshowed no adverse economic effect forany small entities within any of thesesource categories. Changes that havebeen made since proposal do not changethe results of these assessments. Theeconomic analysis for each of the sourcecategories for which standards are beingpromulgated can be obtained from thesource category-specific docketsestablished for each of the sourcecategories (see Docket in ADDRESSESsection for individual docket numbers).

F. Unfunded Mandates Reform ActUnder section 202 of the Unfunded

Mandates Reform Act (UMRA) of 1995,Pub. L. 104–4, we must prepare abudgetary impact statement toaccompany any proposed or final rulethat includes a Federal mandate thatmay result in estimated costs to State,local or tribal governments, in theaggregate, or to the private sector, of$100 million or more in any one year.Section 203 requires us to establish aplan for obtaining input from and



informing, educating, and advising anysmall governments that may besignificantly or uniquely affected by therule.

Under section 205 of UMRA, we mustidentify and consider a reasonablenumber of regulatory alternatives beforepromulgating a rule for which abudgetary impact statement must beprepared. The Agency must select fromthose alternatives the least burdensomealternative for State, local, and tribalgovernments and the private sector thatachieves the objectives of the rule,unless the Agency explains why thisalternative is not selected or unless theselection of this alternative isinconsistent with law.

Because this final rule does notinclude a Federal mandate that mayresult in expenditures of $100 million ormore for State, local, and tribalgovernments, in the aggregate, or theprivate sector in any one year, we havenot prepared a budgetary impactstatement or specifically addressed theselection of the least costly, most cost-effective, or least burdensomealternative. In addition, because smallgovernments will not be significantly oruniquely affected by this rule, we arenot required to develop a plan withregard to small governments. Therefore,the requirements of UMRA do not applyto this final rule.

G. Submittal to Congress and theGeneral Accounting Office

The Congressional Review Act, 5U.S.C. 801, et seq., as added by theSBREFA of 1996, provides that before arule may take effect, the agencypromulgating the rule must submit arule report, which includes a copy ofthe rule, to each House of the Congressand to the Comptroller General of theUnited States. Therefore, we will submita report containing this rule and otherrequired information to the UnitedStates Senate, the United States Houseof Representatives, and the ComptrollerGeneral of the United States prior topublication of the rule in the FederalRegister. A major rule cannot take effectuntil 60 days after it is published in theFederal Register. This rule is not a‘‘major rule’’ as defined by 5 U.S.C.804(2). This rule will be effective June29, 1999.

H. National Technology Transfer andAdvancement Act

Under section 12(d) of the NationalTechnology Transfer and AdvancementAct of 1995 (the NTTAA), Pub. L. No.104–113, § 12(d) (15 U.S.C. 272 note),we are directed to use voluntaryconsensus standards instead ofgovernment-unique standards in its

regulatory activities unless to do sowould be inconsistent with applicablelaw or otherwise impractical. By doingso, the Act is intended to reduce thecost to the private and public sectors.

Voluntary consensus standards aretechnical standards (e.g., materialsspecifications, test methods, samplingprocedures, etc.) that are developed oradopted by one or more voluntaryconsensus standards bodies. Examplesof organizations generally regarded asvoluntary consensus standards bodiesinclude the American Society forTesting and Materials (ASTM),International Organization forStandardization (IOS), InternationalElectrotechnical Commission (IEC),American Petroleum Institute (API),National Fire Protection Association(NFPA), and the Society of AutomotiveEngineers (SAE). The NTTAA requiresFederal agencies like us to provideCongress, through OMB, explanationswhen the we decide not to use availableand applicable voluntary consensusstandards.

This action does not require the useof any new technical standards. It does,however, incorporate by referenceexisting technical standards, includinggovernment-unique technical standards.The technical standards included in thisfinal rule are standards that have beenproposed and promulgated under otherrulemakings for similar source controlapplicability and compliancedeterminations. In response to theproposed rule, we received nocomments pertaining to the use ofadditional voluntary consensusstandards in lieu of those includedunder other rulemakings andincorporated by reference in this finalrule.

As part of a larger effort, we areundertaking a project to cross-referenceexisting voluntary consensus standardsin testing, sampling, and analysis, withcurrent and future EPA test methods.When completed, this project will assistus in identifying potentially applicablevoluntary consensus standards that canthen be evaluated for equivalency andapplicability in determining compliancewith future regulations.

I. Executive Order 13045Executive Order 13045, entitled

Protection of Children fromEnvironmental Health Risks and SafetyRisks (62 FR 19885, April 23, 1997),applies to any rule that we determine (1)is economically significant as definedunder Executive Order 12866, and (2)the environmental health or safety riskaddressed by the rule has adisproportionate effect on children. Ifthe regulatory action meets both criteria,

we must evaluate the environmentalhealth or safety effects of the plannedrule on children and explain why theplanned regulation is preferable to otherpotentially effective and reasonablyfeasible alternatives considered by us.

This final rule is not subject toExecutive Order 13045 because it is notan economically significant regulatoryaction as defined by Executive Order12866. No children’s risk analysis wasperformed for this rulemaking becausethe agency does not have the datanecessary to conduct such analysis, andcannot obtain such data with availableresources.

J. Executive Order 13084Under Executive Order 13084, we

may not issue a regulation that is notrequired by statute, that significantly oruniquely affects the communities ofIndian tribal governments, and thatimposes substantial direct compliancecosts on those communities, unless theFederal government provides the fundsnecessary to pay the direct compliancecost incurred by the tribal governments,or we consult with those governments.If we comply by consulting, ExecutiveOrder 13084 requires us to provide tothe Office of Management and Budget,in a separately identified section of thepreamble to the rule, a description ofthe extent of our prior consultation withrepresentatives of affected tribalgovernments, a summary of the natureof their concerns, and a statementsupporting the need to issue theregulation. In addition, Executive Order13084 requires us to develop aneffective process permitting electedofficials and other representatives ofIndian tribal governments ‘‘to providemeaningful and timely input in thedevelopment of regulatory policies onmatters that significantly or uniquelyaffect their communities.’’ Today’s ruleimplements requirements specificallyset forth by Congress in section 112 ofthe Act without the exercise of anydiscretion by us. Accordingly, therequirements of section 3(b) ofExecutive Order 13084 do not apply tothis rule.

List of Subjects for 40 CFR Part 63Environmental protection, Acetal

resins production, Acrylic andmodacrylic fiber production,Administrative practice and procedure,Air pollution control, Equipment leaks,Fiber spinning lines, Hazardoussubstances, Hydrogen fluorideproduction, Intergovernmental relations,Kilns, Polycarbonate production,Process vents, Reporting andrecordkeeping requirements, Storagevessels, Transfer.



Dated: May 14, 1999.Carol M. Browner,Administrator.

For the reasons set out in thepreamble, title 40, chapter I, part 63 ofthe Code of Federal Regulations isamended as follows:

PART 63—NATIONAL EMISSIONSTANDARDS FOR HAZARDOUS AIRPOLLUTANTS FOR AFFECTEDSOURCE CATEGORIES

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

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

2. Part 63 is amended by addingsubpart SS, consisting of §§ 63.980through 63.999, to read as follows.

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

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

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

63.986 Nonflare control devices used forequipment leaks only.

63.987 Flare requirements.63.988 Incinerators, boilers, and process

heaters.63.989 [Reserved].63.990 Absorbers, condensers, and carbon

adsorbers used as control devices.63.991 [Reserved].63.992 [Reserved].63.993 Absorbers, condensers, carbon

adsorbers and other recovery devicesused as final recovery devices.

63.994 Halogen scrubbers and otherhalogen reduction devices.

63.995 Other control devices.63.996 General monitoring requirements for

control and recovery devices.63.997 Performance test and flare

compliance assessment requirements forcontrol devices.

63.998 Recordkeeping requirements.63.999 Notifications and other reports.

Subpart SS—National EmissionStandards for Closed Vent Systems,Control Devices, Recovery Devicesand Routing to a Fuel Gas System ora Process

§ 63.980 Applicability.The provisions of this subpart include

requirements for closed vent systems,control devices and routing of airemissions to a fuel gas system orprocess. These provisions apply whenanother subpart references the use of

this subpart for such air emissioncontrol. These air emission standardsare placed here for administrativeconvenience and only apply to thoseowners and operators of facilitiessubject to a referencing subpart. Theprovisions of 40 CFR part 63, subpart A(General Provisions) do not apply to thissubpart except as specified in areferencing subpart.

§ 63.981 Definitions.Alternative test method means any

method of sampling and analyzing foran air pollutant that is not a referencetest or equivalent method, and that hasbeen demonstrated to theAdministrator’s satisfaction, usingMethod 301 in appendix A of this part63, or previously approved by theAdministrator prior to the promulgationdate of standards for an affected sourceor affected facility under a referencingsubpart, to produce results adequate forthe Administrator’s determination thatit may be used in place of a test methodspecified in this subpart.

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

By compound means by individualstream components, not carbonequivalents.

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

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

of spare equipment and technicallyfeasible bypassing of equipment withoutstopping production are not closed ventsystem shutdowns.

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

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

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

Control device means, with theexceptions noted below, a combustiondevice, recovery device, recapturedevice, or any combination of thesedevices used to comply with thissubpart or a referencing subpart. Forprocess vents from continuous unitoperations at affected sources insubcategories where the applicabilitycriteria includes a TRE index value,recovery devices are not considered tobe control devices. Primary condenserson steam strippers or fuel gas systemsare not considered to be control devices.

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

Day means a calendar day.Ductwork means a conveyance system

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

Final recovery device means the lastrecovery device on a process ventstream from a continuous unit operationat an affected source in a subcategorywhere the applicability criteria includesa TRE index value. The final recoverydevice usually discharges to acombustion device, recapture device, ordirectly to the atmosphere.

First attempt at repair, for thepurposes of this subpart, means to takeaction for the purpose of stopping orreducing leakage of organic material tothe atmosphere, followed by monitoringas specified in § 63.983(c) to verifywhether the leak is repaired, unless theowner or operator determines by othermeans that the leak is not repaired.

Flame zone means the portion of thecombustion chamber in a boiler or



process heater occupied by the flameenvelope.

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

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

Fuel gas system means the offsite andonsite piping and flow and pressurecontrol system that gathers gaseousstreams generated by onsite operations,may blend them with other sources ofgas, and transports the gaseous streamsfor use as fuel gas in combustiondevices or in-process combustionequipment such as furnaces and gasturbines, either singly or incombination.

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

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

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

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

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

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

Owner or operator means any personwho owns, leases, operates, controls, orsupervises a regulated source or a

stationary source of which a regulatedsource is a part.

Performance level means the level atwhich the regulated material in thegases or vapors vented to a control orrecovery device is removed, recovered,or destroyed. Examples of controldevice performance levels include:achieving a minimum organic reductionefficiency expressed as a percentage ofregulated material removed or destroyedin the control device inlet stream on aweight-basis; achieving an organicconcentration in the control deviceexhaust stream that is less than amaximum allowable limit expressed inparts per million by volume on a drybasis corrected to 3 percent oxygen if acombustion device is the control deviceand supplemental combustion air isused to combust the emissions; ormaintaining appropriate control deviceoperating parameters indicative of thedevice performance at specified values.

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

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

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

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

Recovery device means an individualunit of equipment capable of andnormally used for the purpose ofrecovering chemicals for fuel value (i.e.,net positive heating value), use, reuse,or for sale for fuel value, use, or reuse.Examples of equipment that may berecovery devices include absorbers,carbon adsorbers, condensers, oil-waterseparators or organic-water separators,or organic removal devices such as

decanters, strippers, or thin-filmevaporation units. For purposes of themonitoring, recordkeeping, andreporting requirements of this subpart,recapture devices are consideredrecovery devices.

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

Regulated material, for purposes ofthis subpart, refers to vapors fromvolatile organic liquids (VOL), volatileorganic compounds (VOC), or hazardousair pollutants (HAP), or other chemicalsor groups of chemicals that are regulatedby a referencing subpart.

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

Repaired, for the purposes of thissubpart, means that equipment; isadjusted, or otherwise altered, toeliminate a leak as defined in theapplicable sections of this subpart; andunless otherwise specified in applicableprovisions of this subpart, is inspectedas specified in § 63.983(c) to verify thatemissions from the equipment are belowthe applicable leak definition.

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

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

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

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

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

Temperature monitoring devicemeans a unit of equipment used tomonitor temperature and having a



minimum accuracy of ±1 percent of thetemperature being monitored expressedin degrees Celsius or ±1.2 degreesCelsius (°C), whichever is greater.

§ 63.982 Requirements.(a) General compliance requirements

for storage vessels, process vents,transfer racks, and equipment leaks. Anowner or operator who is referred to thissubpart for controlling regulatedmaterial emissions from storage vessels,process vents, low and high throughputtransfer racks, or equipment leaks byventing emissions through a closed ventsystem to a flare, nonflare control deviceor routing to a fuel gas system or processshall comply with the applicablerequirements of paragraphs (a)(1)through (4) of this section.

(1) Storage vessels. The owner oroperator shall comply with theapplicable provisions of paragraphs (b),(c)(1), and (d) of this section.

(2) Process vents. The owner oroperator shall comply with theapplicable provisions of paragraphs (b),(c)(2), and (e) of this section.

(3) Transfer racks. (i) For lowthroughput transfer racks, the owner oroperator shall comply with theapplicable provisions of paragraphs (b),(c)(1), and (d) of this section.

(ii) For high throughput transfer racks,the owner or operator shall comply withthe applicable provisions of paragraphs(b), (c)(2), and (d) of this section.

(4) Equipment leaks. The owner oroperator shall comply with theapplicable provisions of paragraphs (b),(c)(3), and (d) of this section.

(b) Closed vent system and flare.Owners or operators that vent emissionsthrough a closed vent system to a flareshall meet the requirements in § 63.983for closed vent systems; § 63.987 forflares; § 63.997 (a), (b) and (c) forprovisions regarding flare complianceassessments; the monitoring,recordkeeping, and reportingrequirements referenced therein; andthe applicable recordkeeping andreporting requirements of §§ 63.998 and63.999. No other provisions of thissubpart apply to emissions ventedthrough a closed vent system to a flare.

(c) Closed vent system and nonflarecontrol device. Owners or operators whocontrol emissions through a closed ventsystem to a nonflare control device shallmeet the requirements in § 63.983 forclosed vent systems, the applicablerecordkeeping and reportingrequirements of §§ 63.998 and 63.999,and the applicable requirements listedin paragraphs (c)(1) through (3) of thissection.

(1) For storage vessels and lowthroughput transfer racks, the owner or

operator shall meet the requirements in§ 63.985 for nonflare control devicesand the monitoring, recordkeeping, andreporting requirements referencedtherein. No other provisions of thissubpart apply to low throughputtransfer rack emissions or storage vesselemissions vented through a closed ventsystem to a nonflare control deviceunless specifically required in themonitoring plan submitted under§ 63.985(c).

(2) For process vents and highthroughput transfer racks, the owner oroperator shall meet the requirementsapplicable to the control devices beingused in § 63.988, § 63.990 or § 63.995;the applicable general monitoringrequirements of § 63.996 and theapplicable performance testrequirements and procedures of§ 63.997; and the monitoring,recordkeeping and reportingrequirements referenced therein.Owners or operators subject to halogenreduction device requirements under areferencing subpart must also complywith § 63.994 and the monitoring,recordkeeping, and reportingrequirements referenced therein. Therequirements of § 63.984 through§ 63.986 do not apply to process ventsor high throughput transfer racks.

(3) For equipment leaks, owners oroperators shall meet the requirements in§ 63.986 for nonflare control devicesused for equipment leak emissions andthe monitoring, recordkeeping, andreporting requirements referencedtherein. No other provisions of thissubpart apply to equipment leakemissions vented through a closed ventsystem to a nonflare control device.

(d) Route to a fuel gas system orprocess. Owners or operators that routeemissions to a fuel gas system or to aprocess shall meet the requirements in§ 63.984, the monitoring, recordkeeping,and reporting requirements referencedtherein, and the applicablerecordkeeping and reportingrequirements of §§ 63.998 and 63.999.No other provisions of this subpartapply to emissions being routed to a fuelgas system or process.

(e) Final recovery devices. Owners oroperators who use a final recoverydevice to maintain a TRE above a levelspecified in a referencing subpart shallmeet the requirements in § 63.993 andthe monitoring, recordkeeping, andreporting requirements referencedtherein that are applicable to therecovery device being used; theapplicable monitoring requirements in§ 63.996 and the recordkeeping andreporting requirements referencedtherein; and the applicablerecordkeeping and reporting

requirements of §§ 63.998 and 63.999.No other provisions of this subpartapply to process vent emissions routedto a final recovery device.

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

(1) Comply with the applicablerequirements of this subpart for eachkind of emissions in the stream (e.g., therequirements of § 63.982(a)(2) forprocess vents, and the requirements of§ 63.982(a)(3) for transfer racks); or

(2) Comply with the first set ofrequirements identified in paragraphs(f)(2)(i) through (iii) of this sectionwhich applies to any individualemission stream that is included in thecombined stream. Compliance withparagraphs (f)(2)(i) through (iii) of thissection constitutes compliance with allother emissions requirements for otheremission streams.

(i) The requirements of § 63.982(a)(2)for process vents, including applicablemonitoring, recordkeeping, andreporting;

(ii) The requirements of§ 63.982(a)(3)(ii) for high throughputtransfer racks, including applicablemonitoring, recordkeeping, andreporting;

(iii) The requirements of § 63.982(a)(1)or (a)(3)(i) for control of emissions fromstorage vessels or low throughputtransfer racks, including applicablemonitoring, recordkeeping, andreporting.

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

operating requirements. Except forclosed vent systems operated andmaintained under negative pressure, theprovisions of this paragraph apply toclosed vent systems collecting regulatedmaterial from a regulated source.

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

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

(3) Bypass monitoring. Except forequipment needed for safety purposessuch as pressure relief devices, low legdrains, high point bleeds, analyzervents, and open-ended valves or lines,the owner or operator shall comply with



the provisions of either paragraphs(a)(3)(i) or (ii) of this section for eachclosed vent system that contains bypasslines that could divert a vent stream tothe atmosphere.

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

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

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

(5) Pressure relief devices in a transferrack’s closed vent system. The owner oroperator of a transfer rack subject to theprovisions of this subpart shall ensurethat no pressure relief device in thetransfer rack’s closed vent system shallopen to the atmosphere during loading.Pressure relief devices needed for safetypurposes are not subject to thisparagraph.

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

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

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

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

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

(ii) If the closed vent system isconstructed of ductwork, the owner or

operator shall conduct an initial andannual inspection according to theprocedures in paragraph (c) of thissection.

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

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

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

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

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

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

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

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

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

(ii) Except as provided in (c)(1)(iii) ofthis section, the detection instrumentshall meet the performance criteria ofMethod 21 of 40 CFR part 60, appendixA, except the instrument response factorcriteria in section 3.1.2(a) of Method 21must be for the representativecomposition of the process fluid and notof each individual VOC in the stream.For process streams that containnitrogen, air, water, or other inerts thatare not organic HAP or VOC, therepresentative stream response factormust be determined on an inert-freebasis. The response factor may be

determined at any concentration forwhich the monitoring for leaks will beconducted.

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

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

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

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

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

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

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

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

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

(3) Except as provided in paragraph(c)(4) of this section, inspections shall



be performed when the equipment is inregulated material service, or in usewith any other detectable gas or vapor.

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

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

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

(i) The owner or operator shalleliminate the leak.

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

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

(i) A first attempt at repair shall bemade no later than 5 days after the leakis detected.

(ii) Except as provided in paragraph(d)(3) of this section, repairs shall becompleted no later than 15 days afterthe leak is detected or at the beginningof the next introduction of vapors to thesystem, whichever is later.

(3) Delay of repair of a closed ventsystem for which leaks have beendetected is allowed if repair within 15days after a leak is detected istechnically infeasible or unsafe withouta closed vent system shutdown, asdefined in § 63.981, or if the owner oroperator determines that emissionsresulting from immediate repair wouldbe greater than the emissions likely toresult from delay of repair. Repair ofsuch equipment shall be completed assoon as practical, but not later than theend of the next closed vent systemshutdown.

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

(a) Equipment and operatingrequirements for fuel gas systems and

processes. (1) Except during periods ofstart-up, shutdown and malfunction asspecified in the referencing subpart, thefuel gas system or process shall beoperating at all times when regulatedmaterial emissions are routed to it.

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

(b) Fuel gas system and processcompliance assessment. (1) If emissionsare routed to a fuel gas system, there isno requirement to conduct aperformance test or design evaluation.

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

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

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

(iii) Incorporated into a product; and/or

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

paragraph (b)(2) of this section for astorage vessel, the owner or operatorshall prepare a design evaluation (orengineering assessment) thatdemonstrates the extent to which one ormore of the conditions specified inparagraphs (b)(2)(i) through (iv) of thissection are being met.

(c) Statement of connection. Forstorage vessels and transfer racks, theowner or operator shall submit thestatement of connection reports for fuelgas systems specified in§ 63.999(b)(1)(ii), as appropriate.

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

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

shutdown, and malfunction as specifiedin the referencing subpart.

(b) Nonflare control device designevaluation or performance testrequirements. When using a controldevice other than a flare, the owner oroperator shall comply with therequirements in paragraphs (b)(1)(i) or(ii) of this section, except as provided inparagraphs (b)(2) and (3) of this section.

(1) Design evaluation or performancetest results. The owner or operator shallprepare and submit with theNotification of Compliance Status, asspecified in § 63.999(b)(2), either adesign evaluation that includes theinformation specified in paragraph(b)(1)(i) of this section, or the results ofthe performance test as described inparagraph (b)(1)(ii) of this section.

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

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

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

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

(D) For carbon adsorbers, the designevaluation shall include the estimatedaffinity of the regulated material vaporsfor carbon, the amount of carbon in eachbed, the number of beds, the humidity,the temperature, the flow rate of the



inlet stream and, if applicable, thedesorption schedule, the regenerationstream pressure or temperature, and theflow rate of the regeneration stream. Forvacuum desorption, pressure drop shallbe included.

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

(ii) Performance test. A performancetest, whether conducted to meet therequirements of this section, or todemonstrate compliance for a processvent or high throughput transfer rack asrequired by §§ 63.988(b), 63.990(b), or63.995(b), is acceptable to demonstratecompliance with emission reductionrequirements for storage vessels andtransfer racks. The owner or operator isnot required to prepare a designevaluation for the control device asdescribed in paragraph (b)(1)(i) of thissection if a performance test will beperformed that meets the criteriaspecified in paragraphs (b)(1)(ii)(A) and(B) of this section.

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

(B) The performance test meets theapplicable performance testrequirements and the results aresubmitted as part of the Notification ofCompliance Status as specified in§ 63.999(b)(2).

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

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

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

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

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

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

(A) The incinerator has been issued afinal permit under 40 CFR part 270 and

complies with the requirements of 40CFR part 264, subpart O; or

(B) The incinerator has certifiedcompliance with the interim statusrequirements of 40 CFR part 265,subpart O; or

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

(3) Prior design evaluations orperformance tests. If a design evaluationor performance test is required in thereferencing subpart or was previouslyconducted and submitted for a storagevessel or low throughput transfer rack,then a performance test or designevaluation is not required.

(c) Nonflare control device monitoringrequirements. (1) The owner or operatorshall submit with the Notification ofCompliance Status, a monitoring plancontaining the information specified in§ 63.999(b)(2)(i) and (ii) to identify theparameters that will be monitored toassure proper operation of the controldevice.

(2) The owner or operator shallmonitor the parameters specified in theNotification of Compliance Status or inthe operating permit application oramendment. Records shall be generatedas specified in § 63.998(d)(2)(i).

§ 63.986 Nonflare control devices used forequipment leaks only.

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

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

(b) Performance test requirements. Aperformance test is not required for anynonflare control device used only tocontrol emissions from equipment leaks.

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

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

requirements. Flares subject to thissubpart shall meet the performancerequirements in 40 CFR 63.11(b)(General Provisions).

(b) Flare compliance assessment. (1)The owner or operator shall conduct an

initial flare compliance assessment ofany flare used to comply with theprovisions of this subpart. Flarecompliance assessment records shall bekept as specified in § 63.998(a)(1) and aflare compliance assessment report shallbe submitted as specified in§ 63.999(a)(2). An owner or operator isnot required to conduct a performancetest to determine percent emissionreduction or outlet regulated material ortotal organic compound concentrationwhen a flare is used.

(2) [Reserved](3) Flare compliance assessments

shall meet the requirements specified inparagraphs (b)(3)(i) through (iv) of thissection.

(i) Method 22 of appendix A of part60 shall be used to determine thecompliance of flares with the visibleemission provisions of this subpart. Theobservation period is 2 hours, except fortransfer racks as provided in (b)(3)(i)(A)or (B) of this section.

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

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

(ii) The net heating value of the gasbeing combusted in a flare shall becalculated using Equation 1:

H K D H EqT j jj

n

==∑1

1

[ . 1]

Where:HT = Net heating value of the sample,

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

K1 = 1.740 × 10¥7 (parts per million byvolume)¥1 (gram-mole per standardcubic meter) (megajoules perkilocalories), where the standardtemperature for gram mole perstandard cubic meter is 20 °C;

n = number of sample components;Dj = Concentration of sample

component j, in parts per million byvolume on a wet basis, as measuredfor organics by Method 18 of part60, appendix A and measured forhydrogen and carbon monoxide byAmerican Society for Testing andMaterials (ASTM) D1946–90; and

Hj = Net heat of combustion of samplecomponent j, kilocalories per gram



mole at 25 °C and 760 millimetersof mercury (30 inches of mercury).

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

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

(c) Flare monitoring requirements.Where a flare is used, the followingmonitoring equipment is required: adevice (including but not limited to athermocouple, ultra-violet beam sensor,or infrared sensor) capable ofcontinuously detecting that at least onepilot flame or the flare flame is present.Flare flame monitoring and compliancerecords shall be kept as specified in§ 63.998(a)(1) and reported as specifiedin § 63.999(c)(8).

§ 63.988 Incinerators, boilers, and processheaters.

(a) Equipment and operatingrequirements. (1) Owners or operatorsusing incinerators, boilers, or processheaters to meet a weight-percentemission reduction or parts per millionby volume outlet concentrationrequirement specified in a referencingsubpart shall meet the requirements ofthis section.

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

(3) For boilers and process heaters,the vent stream shall be introduced intothe flame zone of the boiler or processheater.

(b) Performance test requirements. (1)Except as specified in § 63.997(b), andparagraph (b)(2) of this section, theowner or operator shall conduct aninitial performance test of anyincinerator, boiler, or process heaterused to comply with the provisions ofa referencing subpart and this subpartaccording to the procedures in § 63.997.Performance test records shall be kept asspecified in § 63.998(a)(2) and aperformance test report shall besubmitted as specified in § 63.999(a)(2).As provided in § 63.985(b)(1), a designevaluation may be used as an alternativeto the performance test for storagevessels and low throughput transfer rackcontrols. As provided in § 63.986(b), noperformance test is required forequipment leaks.

(2) An owner or operator is notrequired to conduct a performance test

when any of the control devicesspecified in paragraphs (b)(2)(i) through(iv) of this section are used.

(i) A hazardous waste incinerator forwhich the owner or operator has beenissued a final permit under 40 CFR part270 and complies with the requirementsof 40 CFR part 264, subpart O, or hascertified compliance with the interimstatus requirements of 40 CFR part 265,subpart O;

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

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

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

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

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

(c) Incinerator, boiler, and processheater monitoring requirements. Wherean incinerator, boiler, or process heateris used, a temperature monitoringdevice capable of providing acontinuous record that meets theprovisions specified in paragraph (c)(1),(2), or (3) of this section is required. Anyboiler or process heater in which allvent streams are introduced withprimary fuel or are used as the primaryfuel is exempt from monitoring.Monitoring results shall be recorded asspecified in § 63.998(b) and (c), asapplicable. General requirements formonitoring and continuous parametermonitoring systems are contained in thereferencing subpart and § 63.996.

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

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

(3) Where a boiler or process heater ofless than 44 megawatts (150 millionBritish thermal units per hour) designheat input capacity is used and theregulated vent stream is not introducedas or with the primary fuel, a

temperature monitoring device shall beinstalled in the fire box.

§ 63.989 [Reserved]

§ 63.990 Absorbers, condensers, andcarbon adsorbers used as control devices.

(a) Equipment and operatingrequirements. (1) Owners or operatorsusing absorbers, condensers, or carbonadsorbers to meet a weight-percentemission reduction or parts per millionby volume outlet concentrationrequirement specified in a referencingsubpart shall meet the requirements ofthis section.

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

(b) Performance test requirements.Except as specified in § 63.997(b), theowner or operator shall conduct aninitial performance test of any absorber,condenser, or carbon adsorber used as acontrol device to comply with theprovisions of the referencing subpartand this subpart according to theprocedures in § 63.997. Performance testrecords shall be kept as specified in§ 63.998(a)(2) and a performance testreport shall be submitted as specified in§ 63.999(a)(2). As provided in§ 63.985(b)(1), a design evaluation maybe used as an alternative to theperformance test for storage vessels andlow throughput transfer rack controls.As provided in § 63.986(b), noperformance test is required todemonstrate compliance for equipmentleaks.

(c) Monitoring requirements. Wherean absorber, condenser, or carbonadsorber is used as a control device,either an organic monitoring devicecapable of providing a continuousrecord, or the monitoring devicesspecified in paragraphs (c)(1) through(3), as applicable, shall be used.Monitoring results shall be recorded asspecified in § 63.998(b) and (c), asapplicable. General requirements formonitoring and continuous parametermonitoring systems are contained in areferencing subpart and § 63.996.

(1) Where an absorber is used, ascrubbing liquid temperaturemonitoring device and a specific gravitymonitoring device, each capable ofproviding a continuous record, shall beused. If the difference between thespecific gravity of the saturatedscrubbing fluid and specific gravity ofthe fresh scrubbing fluid is less than0.02 specific gravity units, an organicmonitoring device capable of providinga continuous record shall be used.



(2) Where a condenser is used, acondenser exit (product side)temperature monitoring device capableof providing a continuous record shallbe used.

(3) Where a carbon adsorber is used,an integrating regeneration stream flowmonitoring device having an accuracy of±10 percent or better, capable ofrecording the total regeneration streammass or volumetric flow for eachregeneration cycle; and a carbon bedtemperature monitoring device, capableof recording the carbon bed temperatureafter each regeneration and within 15minutes of completing any coolingcycle, shall be used.



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

(a) Final recovery device equipmentand operating requirements. (1) Ownersor operators using a final recoverydevice to maintain a TRE above a levelspecified in a referencing subpart shallmeet the requirements of this section.

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

(b) Recovery device performance testrequirements. There are no performancetest requirements for recovery devices.TRE index value determinationinformation shall be recorded asspecified in § 63.998(a)(3).

(c) Recovery device monitoringrequirements. (1) Where an absorber isthe final recovery device in the recoverysystem and the TRE index value isbetween the level specified in areferencing subpart and 4.0, either anorganic monitoring device capable ofproviding a continuous record or ascrubbing liquid temperaturemonitoring device and a specific gravitymonitoring device, each capable ofproviding a continuous record, shall beused. If the difference between thespecific gravity of the saturatedscrubbing fluid and specific gravity ofthe fresh scrubbing fluid is less than0.02 specific gravity units, an organicmonitoring device capable of providinga continuous record shall be used.Monitoring results shall be recorded asspecified in § 63.998(b) and (c), asapplicable. General requirements formonitoring and continuous parametermonitoring systems are contained in§ 63.996.

(2) Where a condenser is the finalrecovery device in the recovery systemand the TRE index value is between the

level specified in a referencing subpartand 4.0, an organic monitoring devicecapable of providing a continuousrecord or a condenser exit (product side)temperature monitoring device capableof providing a continuous record shallbe used. Monitoring results shall berecorded as specified in § 63.998(b) and(c), as applicable. General requirementsfor monitoring and continuousparameter monitoring systems arecontained in a referencing subpart and§ 63.996.

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

(4) If an owner or operator uses arecovery device other than those listedin this subpart, the owner or operatorshall submit a description of plannedmonitoring, reporting andrecordkeeping procedures as specifiedin a referencing subpart. TheAdministrator will approve, deny, ormodify based on the reasonableness ofthe proposed monitoring, reporting andrecordkeeping requirements as part ofthe review of the submission or permitapplication or by other appropriatemeans.

§ 63.994 Halogen scrubbers and otherhalogen reduction devices.

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

(2) Halogen scrubbers and otherhalogen reduction devices used tocomply with the provisions of areferencing subpart and this subpart

shall be operated at all times whenemissions are vented to them.

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

(2) An owner or operator of a halogenscrubber or other halogen reductiontechnique used to reduce the ventstream halogen atom mass emission rateprior to a combustion device to complywith a performance level specified in areferencing subpart shall determine thehalogen atom mass emission rate priorto the combustion device according tothe procedures specified in thereferencing subpart. Records of thehalogen concentration in the ventstream shall be generated as specified in§ 63.998(a)(4).

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

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

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

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

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

(C) If the scrubber is subject toregulations in 40 CFR parts 264 through266 that have required a determination



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

(D) The owner or operator mayprepare and implement a gas streamflow determination plan that documentsan appropriate method that will be usedto determine the gas stream flow. Theplan shall require determination of gasstream flow by a method that will atleast provide a value for either arepresentative or the highest gas streamflow anticipated in the scrubber duringrepresentative operating conditionsother than start-ups, shutdowns, ormalfunctions. The plan shall include adescription of the methodology to befollowed and an explanation of how theselected methodology will reliablydetermine the gas stream flow, and adescription of the records that will bemaintained to document thedetermination of gas stream flow. Theowner or operator shall maintain theplan as specified in a referencingsubpart.

(2) Where a halogen reduction deviceother than a scrubber is used, the owneror operator shall follow the proceduresspecified in a referencing subpart inorder to establish monitoringparameters.

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

and operating requirements. (1) Ownersor operators using a control device otherthan one listed in §§ 63.985 through63.990 to meet a weight-percentemission reduction or parts per millionby volume outlet concentrationrequirement specified in a referencingsubpart shall meet the requirements ofthis section.

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

(b) Other control device performancetest requirements. An owner or operatorusing a control device other than thosespecified in §§ 63.987 through 63.990 tocomply with a performance levelspecified in a referencing subpart, shallperform an initial performance testaccording to the procedures in § 63.997.Performance test records shall be kept asspecified in § 63.998(a)(2) and aperformance test report shall besubmitted as specified in § 63.999(a)(2).

(c) Other control device monitoringrequirements. If an owner or operatoruses a control device other than thoselisted in this subpart, the owner oroperator shall submit a description ofplanned monitoring, recordkeeping andreporting procedures as specified in areferencing subpart. The Administratorwill approve, deny, or modify based onthe reasonableness of the proposedmonitoring, reporting andrecordkeeping requirements as part ofthe review of the submission or permitapplication or by other appropriatemeans.

§ 63.996 General monitoring requirementsfor control and recovery devices.

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

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

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

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

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

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

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

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

(2) The owner or operator of aregulated source shall maintain and

operate each CPMS as specified in thissection, or in a relevant subpart, and ina manner consistent with good airpollution control practices.

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

(ii) If under the referencing subpart,an owner or operator has developed astart-up, shutdown, and malfunctionplan, the plan is followed, and theCPMS is repaired immediately, thisaction shall be recorded as specified in§ 63.998(c)(1)(ii)(E).

(iii) The Administrator’sdetermination of whether acceptableoperation and maintenance proceduresare being used for the CPMS will bebased on information that may include,but is not limited to, review of operationand maintenance procedures, operationand maintenance records as specified in§ 63.998(c)(1)(i) and (ii), manufacturer’srecommendations and specifications,and inspection of the CPMS.

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

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

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

(6) The owner or operator shallestablish a range for monitoredparameters that indicates properoperation of the control or recoverydevice. In order to establish the range,the information required in§ 63.999(b)(3) shall be submitted in theNotification of Compliance Status or theoperating permit application oramendment. The range may be based



upon a prior performance test meetingthe specifications of § 63.997(b)(1) or aprior TRE index value determination, asapplicable, or upon existing ranges orlimits established under a referencingsubpart. Where the regeneration streamflow and carbon bed temperature aremonitored, the range shall be in termsof the total regeneration stream flow perregeneration cycle and the temperatureof the carbon bed determined within 15minutes of the completion of theregeneration cooling cycle.

(d) Alternatives to monitoringrequirements. (1) Alternatives to thecontinuous operating parametermonitoring and recordkeepingprovisions. An owner or operator mayrequest approval to use alternatives tothe continuous operating parametermonitoring and recordkeepingprovisions listed in §§ 63.988(c),63.990(c), 63.993(c), 63.994(c),63.998(a)(2) through (4), 63.998(c)(2)and (3), as specified in § 63.999(d)(1).

(2) Monitoring a different parameterthan those listed. An owner or operatormay request approval to monitor adifferent parameter than thoseestablished in paragraph (c)(6) of thissection or to set unique monitoringparameters if directed by §§ 63.994(c)(2)or 63.995(c), as specified in§ 63.999(d)(2).

§ 63.997 Performance test and complianceassessment requirements for controldevices.

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

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

(1) Unless requested by theAdministrator, an owner or operator isnot required to conduct a performancetest or flare compliance assessmentunder this subpart if a priorperformance test or complianceassessment was conducted using thesame methods specified in § 63.997(e) or§ 63.987(b)(3), as applicable, and eitherno process changes have been madesince the test, or the owner or operatorcan demonstrate that the results of theperformance test or compliancedemonstration, with or withoutadjustments, reliably demonstratecompliance despite process changes. Anowner or operator may request

permission to substitute a priorperformance test or complianceassessment by written application to theAdministrator as specified in§ 63.999(a)(1)(iv).

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

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

(c) Performance tests and flarecompliance assessments schedule. (1)Unless a waiver of performance testingor flare compliance assessment isobtained under this section or theconditions of a referencing subpart, theowner or operator shall perform suchtests as specified in paragraphs (c)(1)(i)through (vii) of this section.

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

(ii) Within 180 days after initial start-up for a new source that has an initialstart-up date after the effective date ofa relevant standard; or

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

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

(v) Within 180 days after thetermination date of the source’sextension of compliance or a waiver ofcompliance for an existing source thatobtains an extension of complianceunder § 63.1112(a), or waiver ofcompliance under 40 CFR 61.11; or

(vi) Within 180 days after thecompliance date for a new source,subject to an emission standardestablished pursuant to section 112(f) ofthe Act, for which construction orreconstruction is commenced after the

proposal date of a relevant standardestablished pursuant to section 112(d) ofthe Act but before the proposal date ofthe relevant standard establishedpursuant to section 112(f); or

(vii) When the promulgated emissionstandard in a referencing subpart ismore stringent than the standard thatwas proposed, the owner or operator ofa new or reconstructed source subject tothat standard for which construction orreconstruction is commenced betweenthe proposal and promulgation dates ofthe standard shall comply withperformance testing requirementswithin 180 days after the standard’seffective date, or within 180 days afterstart-up of the source, whichever islater. If a promulgated standard in areferencing subpart is more stringentthan the proposed standard, the owneror operator may choose to demonstratecompliance initially with either theproposed or the promulgated standard.If the owner or operator chooses tocomply with the proposed standardinitially, the owner or operator shallconduct a second performance testwithin 3 years and 180 days after theeffective date of the standard, or afterstart-up of the source, whichever islater, to demonstrate compliance withthe promulgated standard.

(2) The Administrator may require anowner or operator to conductperformance tests and complianceassessments at the regulated source atany time when the action is authorizedby section 114 of the Act.

(3) Unless already permitted by theapplicable title V permit, if an owner oroperator elects to use a recovery deviceto replace an existing control device ata later date, or elects to use a differentflare, nonflare control device orrecovery device to replace an existingflare, nonflare control device or finalrecovery device at a later date, theowner or operator shall notify theAdministrator, either by amendment ofthe regulated source’s title V permit or,if title V is not applicable, bysubmission of the notice specified in§ 63.999(c)(7) before implementing thechange. Upon implementing the change,a compliance demonstration orperformance test shall be performedaccording to the provisions ofparagraphs (c)(3)(i) through (v) of thissection, as applicable, within 180 days.The compliance assessment report shallbe submitted to the Administratorwithin 60 days of completing thedetermination, as provided in§ 63.999(a)(1)(ii).

(i) For flares used to replace anexisting control device, a flarecompliance demonstration shall be



performed using the methods specifiedin § 63.987(b);

(ii) For flares used to replace anexisting final recovery device that isused on an applicable process vent, theowner or operator shall comply with theapplicable provisions in a referencingsubpart and in this subpart;

(iii) For incinerators, boilers, orprocess heaters used to replace anexisting control device, a performancetest shall be performed, using themethods specified in § 63.997;

(iv) For absorbers, condensers, orcarbon adsorbers used to replace anexisting control device on a process ventor a transfer rack, a performance testshall be performed, using the methodsspecified in § 63.997;

(v) For absorbers, condensers, orcarbon adsorbers used to replace anexisting final recovery device on aprocess vent, the owner or operatorshall comply with the applicableprovisions of a referencing subpart andthis subpart;

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

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

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

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

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

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

equipment; and(5) Any other facilities that the

Administrator deems necessary for safeand adequate testing of a source.

(e) Performance test procedures.Where §§ 63.985 through 63.995 requirethe owner or operator to conduct aperformance test of a control device ora halogen reduction device, the owneror operator shall follow therequirements of paragraphs (e)(1)(i)through (v) of this section, as applicable.

(1) General procedures. (i) Continuousunit operations. For continuous unitoperations, performance tests shall be

conducted at maximum representativeoperating conditions for the process,unless the Administrator specifies orapproves alternate operating conditions.During the performance test, an owneror operator may operate the control orhalogen reduction device at maximumor minimum representative operatingconditions for monitored control orhalogen reduction device parameters,whichever results in lower emissionreduction. Operations during periods ofstart-up, shutdown, and malfunctionshall not constitute representativeconditions for the purpose of aperformance test.

(ii) [Reserved](iii) Combination of both continuous

and batch unit operations. For acombination of both continuous andbatch unit operations, performance testsshall be conducted at maximumrepresentative operating conditions. Forthe purpose of conducting aperformance test on a combined ventstream, maximum representativeoperating conditions shall be whenbatch emission episodes are occurringthat result in the highest organic HAPemission rate (for the combined ventstream) that is achievable during the 6-month period that begins 3 monthsbefore and ends 3 months after thecompliance assessment (e.g. TREcalculation, performance test) withoutcausing any of the situations describedin paragraphs (e)(1)(iii)(A) through (C)of this section.

(A) Causing damage to equipment;(B) Necessitating that the owner or

operator make product that does notmeet an existing specification for sale toa customer; or

(C) Necessitating that the owner oroperator make product in excess ofdemand.

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

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

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

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

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

(E) Approves the use of an equivalentmethod.

(v) Performance test runs. Except asprovided in paragraphs (e)(1)(v)(A) and(B) of this section, each performance testshall consist of three separate runs usingthe applicable test method. Each runshall be conducted for at least 1 hourand under the conditions specified inthis section. For the purpose ofdetermining compliance with anapplicable standard, the arithmeticmeans of results of the three runs shallapply. In the event that a sample isaccidentally lost or conditions occur inwhich one of the three runs must bediscontinued because of forcedshutdown, failure of an irreplaceableportion of the sample train, extrememeteorological conditions, or othercircumstances, beyond the owner oroperator’s control, compliance may,upon the Administrator’s approval, bedetermined using the arithmetic meanof the results of the two other runs.

(A) For control devices used tocontrol emissions from transfer racks(except low throughput transfer racksthat are capable of continuous vaporprocessing but do not handlecontinuous emissions or multipleloading arms of a transfer rack that loadsimultaneously), each run shallrepresent at least one complete tanktruck or tank car loading period, duringwhich regulated materials are loaded,and samples shall be collected usingintegrated sampling or grab samplestaken at least four times per hour atapproximately equal intervals of time,such as 15-minute intervals.

(B) For intermittent vapor processingsystems used for controlling transferrack emissions (except low throughputtransfer racks that do not handlecontinuous emissions or multipleloading arms of a transfer rack that loadsimultaneously), each run shallrepresent at least one complete controldevice cycle, and samples shall becollected using integrated sampling orgrab samples taken at least four timesper hour at approximately equalintervals of time, such as 15-minuteintervals.

(2) Specific procedures. Where§§ 63.985 through 63.995 require the



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

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

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

(1) With the exceptions noted belowin paragraphs (e)(2)(i)(A)(2) and (3), thecontrol device inlet sampling site shallbe located at the exit from the unitoperation before any control device.

(2) For process vents from continuousunit operations at affected sources insubcategories where the applicabilitycriteria includes a TRE index value, thecontrol device inlet sampling site shallbe located after the final recoverydevice.

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

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

(ii) Gas volumetric flow rate. The gasvolumetric flow rate shall bedetermined using Method 2, 2A, 2C, or2D of 40 CFR part 60, appendix A, asappropriate.

(iii) Total organic regulated materialor TOC concentration. To determinecompliance with a parts per million byvolume total organic regulated materialor TOC (minus methane and ethane)limit, the owner or operator shall useMethod 18 of 40 CFR part 60, appendixA, to measure either TOC minusmethane and ethane or total organicregulated material, as applicable.Alternatively, any other method or data

that have been validated according tothe applicable procedures in Method301 of appendix A of 40 CFR part 63,may be used. Method 25A of 40 CFRpart 60, appendix A may be used fortransfer racks as detailed in paragraph(e)(2)(iii)(D) of this section. Theprocedures specified in paragraphs(e)(2)(iii)(A) through (D) of this sectionshall be used to calculate parts permillion by volume concentration,corrected to 3 percent oxygen if acombustion device is the control deviceand supplemental combustion air isused to combust the emissions.

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

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

(1) The TOC concentration (CTOC) isthe sum of the concentrations of theindividual components and shall becomputed for each run using Equation2.

C

C

xEqTOC

jij

n

i

x

=

=

=

∑∑ 1

1

[ . 2]

Where:CTOC = Concentration of TOC (minus

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

x = Number of samples in the samplerun.

n = Number of components in thesample.

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

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

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

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

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

C CO

Eqc md

=−

17 9

20 9 2

.

. %[ . 3]

Where:Cc = Concentration of TOC or organic

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

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

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

(D) Transfer racks. Method 25A of 40CFR part 60, appendix A may be usedfor the purpose of determiningcompliance with a parts per million byvolume limit for transfer racks. IfMethod 25A of 40 CFR part 60,appendix A is used, the proceduresspecified in paragraphs (e)(2)(iii)(D) (1)through (4) of this section shall be usedto calculate the concentration of organiccompounds (CTOC):

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

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

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

(4) The concentration of TOC shall becorrected to 3 percent oxygen using theprocedures and Equation 3 in paragraph(e)(2)(iii)(C)(2) of this section if acombustion device is the control deviceand supplemental combustion air isused to combust emissions.

(iv) Percent reduction calculation. Todetermine compliance with a percentreduction requirement, the owner oroperator shall use Method 18 of 40 CFRpart 60, appendix A; alternatively, anyother method or data that have beenvalidated according to the applicable



procedures in Method 301 of appendixA of this part may be used. Method 25Aor 25B of 40 CFR part 60, appendix Amay be used for transfer racks asdetailed in paragraph (e)(2)(iv)(E) of thissection. Procedures specified inparagraphs (e)(2)(iv)(A) through(e)(2)(iv)(E) of this section shall be usedto calculate percent reductionefficiency.

(A) Sampling time. The minimumsampling time for each run shall be 1hour in which either an integratedsample or a minimum of four grabsamples shall be taken. If grab samplingis used, then the samples shall be takenat approximately equal intervals in time,such as 15-minute intervals during therun.

(B) Mass rate of TOC or total organicregulated material. The mass rate ofeither TOC (minus methane and ethane)or total organic regulated material (EI,Eo) shall be computed as applicable.

(1) Equations 4 and 5 shall be used.

E K C M Q Eqi i j i jj

n

i=

=∑2

1

[ . 4]

E K C M Q Eqo oj ojj

n

o=

=∑2

1

[ . 5]

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

methane and ethane) (ETOC) or emissionrate of total organic regulated material(ERM) in the sample at the inlet andoutlet of the control device,respectively, dry basis, kilogram perhour.K2 = Constant, 2.494 × 10¥6 (parts per

million)¥1 (gram-mole per standardcubic meter) (kilogram per gram)(minute per hour), where standardtemperature (gram-mole perstandard cubic meter) is 20 °C.


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

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

Mij, Moj = Molecular weight of organiccompound j, gram per gram-mole,of the gas stream at the inlet and

outlet of the control device,respectively.

QI, Qo = Process vent flow rate, drystandard cubic meter per minute, ata temperature of 20° C, at the inletand outlet of the control device,respectively.

(2) Where the mass rate of TOC isbeing calculated, all organic compounds(minus methane and ethane) measuredby method 18 of 40 CFR part 60,appendix A, are summed usingEquations 4 and 5 in paragraph(e)(2)(iv)(B)(1) of this section.

(3) Where the mass rate of totalorganic regulated material is beingcalculated, only the species comprisingthe regulated material shall be summedusing Equations 4 and 5 in paragraph(e)(2)(iv)(B)(1) of this section.

(C) Percent reduction in TOC or totalorganic regulated material forcontinuous unit operations and acombination of both continuous andbatch unit operations. For continuousunit operations and for a combination ofboth continuous and batch unitoperations, the percent reduction inTOC (minus methane and ethane) ortotal organic regulated material shall becalculated using Equation 6.

RE E

EEqi o

i

=−

( ) [ .100 6]

Where:R = Control efficiency of control device,

percent.EI = Mass rate of TOC (minus methane

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

Eo = Mass rate of TOC (minus methaneand ethane) or total organicregulated material at the outlet ofthe control device, as calculatedunder paragraph (e)(2)(iv)(B) of thissection, kilograms TOC per hour orkilograms total organic regulatedmaterial per hour.

(D) Vent stream introduced withcombustion air or as secondary fuel. Ifthe vent stream entering a boiler orprocess heater with a design capacityless than 44 megawatts is introducedwith the combustion air or as asecondary fuel, the weight-percentreduction of total organic regulatedmaterial or TOC (minus methane andethane) across the device shall bedetermined by comparing the TOC(minus methane and ethane) or totalorganic regulated material in allcombusted vent streams and primary

and secondary fuels with the TOC(minus methane and ethane) or totalorganic regulated material exiting thecombustion device, respectively.

(E) Transfer racks. Method 25A of 40CFR part 60, appendix A, may also beused for the purpose of determiningcompliance with the percent reductionrequirement for transfer racks.

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

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

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

(4) The mass at the inlet and outlet ofthe control device during each testinginterval shall be calculated usingEquation 7.

M FKV C Eqj s t= [ . 7]

Where:Mj = Mass of organic compounds

emitted during testing interval j,kilograms.

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

K = Density, kilograms per standardcubic meter organic regulatedmaterial.

= 659 kilograms per standard cubicmeter organic regulated material.(Note: The density term cancels outwhen the percent reduction iscalculated. Therefore, the densityused has no effect. The density ofhexane is given so that it can beused to maintain the units of Mj.)

Vs = Volume of air-vapor mixtureexhausted at standard conditions,20 °C and 760 millimeters mercury,standard cubic meters.

Ct = Total concentration of organiccompounds (as measured) at theexhaust vent, parts per million byvolume, dry basis.

(5) The organic compound massemission rates at the inlet and outlet ofthe control device shall be calculatedusing Equations 8 and 9 as follows:

E

M

TEqi

i jj

n

= =∑

1[ . 8]



E

M

TEqo

ojj

n

= =∑

1[ . 9]

Where:Ei, Eo = Mass flow rate of organic

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

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

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

T = Total time of all testing intervals,hours.

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

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

(ii) Except as provided in paragraph(e)(1)(iv) of this section, Method 26 orMethod 26A of 40 CFR part 60,appendix A, shall be used to determinethe concentration, in milligrams per drystandard cubic meter, of total hydrogenhalides and halogens that may bepresent in the vent stream. The massemissions of each hydrogen halide andhalogen compound shall be calculatedfrom the measured concentrations andthe gas stream flow rate.

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

(iv) To demonstrate compliance witha kilogram per hour outlet emission

limit, the test results must show that themass emission rate of total hydrogenhalides and halogens measured at theoutlet of the scrubber or other halogenreduction device is below the kilogramper hour outlet emission limit specifiedin a referencing subpart.

§ 63.998 Recordkeeping requirements.(a) Compliance assessment,

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

(i) Flare compliance assessmentrecords. When using a flare to complywith this subpart, record theinformation specified in paragraphs(a)(1)(i)(A) through (C) of this section foreach flare compliance assessmentperformed pursuant to § 63.987(b). Asspecified in § 63.999(a)(2)(iii)(A), theowner or operator shall include thisinformation in the flare complianceassessment report.

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

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

(C) All periods during the flarecompliance assessment when all pilotflames are absent or, if only the flareflame is monitored, all periods when theflare flame is absent.

(ii) Monitoring records. Each owner oroperator shall keep up to date andreadily accessible hourly records ofwhether the monitor is continuouslyoperating and whether the flare flame orat least one pilot flame is continuouslypresent. For transfer racks, hourlyrecords are required only while thetransfer rack vent stream is beingvented.

(iii) Compliance records. (A) Eachowner or operator shall keep records ofthe times and duration of all periodsduring which the flare flame or all thepilot flames are absent. This record shallbe submitted in the periodic reports asspecified in § 63.999(c)(8).

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

(2) Nonflare control deviceperformance test records. (i) Availabilityof performance test records. Uponrequest, the owner or operator shallmake available to the Administrator

such records as may be necessary todetermine the conditions ofperformance tests performed pursuantto §§ 63.988(b), 63.990(b), 63.994(b), or63.995(b).

(ii) Nonflare control device andhalogen reduction device performancetest records. (A) General requirements.Each owner or operator subject to theprovisions of this subpart shall keep up-to-date, readily accessible continuousrecords of the data specified in(a)(2)(ii)(B) through (D) of this section,as applicable, measured during eachperformance test performed pursuant to§§ 63.988(b), 63.990(b), 63.994(b), or63.995(b), and also include that data inthe Notification of Compliance Statusrequired under § 63.999(b). The samedata specified in this section shall besubmitted in the reports of allsubsequently required performance testswhere either the emission controlefficiency of a combustion device, or theoutlet concentration of TOC or regulatedmaterial is determined.

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

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

(2) For catalytic incinerators, recordthe upstream and downstreamtemperatures and the temperaturedifference across the catalyst bedaveraged over the full period of theperformance test.

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

(4) For an incinerator, record thepercent reduction of organic regulatedmaterial, if applicable, or TOC achievedby the incinerator determined asspecified in § 63.997(e)(2)(iv), asapplicable, or the concentration oforganic regulated material (parts permillion by volume, by compound)determined as specified in§ 63.997(e)(2)(iii) at the outlet of theincinerator.

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

(6) For a boiler or process heater witha design heat input capacity of less than



44 megawatts and where the processvent stream is introduced withcombustion air or used as a secondaryfuel and is not mixed with the primaryfuel, record the percent reduction oforganic regulated material or TOC, orthe concentration of regulated materialor TOC (parts per million by volume, bycompound) determined as specified in§ 63.997(e)(2) at the outlet of thecombustion device.

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

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

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

(3) Where a carbon adsorber is usedas the control device, the totalregeneration stream mass flow duringeach carbon-bed regeneration cycleduring the period of the performancetest, and temperature of the carbon-bedafter each regeneration during theperiod of the performance test (andwithin 15 minutes of completion of anycooling cycle or cycles; or

(4) As an alternative to paragraph(a)(2)(ii)(C)(1), (2), or (3) of this section,the concentration level or readingindicated by an organics monitoringdevice at the outlet of the absorber,condenser, or carbon adsorber averagedover the same time period as theperformance test while the vent streamis normally routed and constituted.

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

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

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

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

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

(3) Recovery device monitoringrecords during TRE index valuedetermination. For process vents thatrequire control of emissions under areferencing subpart, owners or operatorsusing a recovery device to maintain aTRE above a level specified in thereferencing subpart shall maintain thecontinuous records specified inparagraph (a)(3)(i) through (v) of thissection, as applicable, and submitreports as specified in§ 63.999(a)(2)(iii)(C).

(i) Where an absorber is the finalrecovery device in the recovery systemand the saturated scrubbing fluid andspecific gravity of the scrubbing fluid isgreater than or equal to 0.02 specificgravity units, the exit specific gravity (oralternative parameter that is a measureof the degree of absorbing liquidsaturation if approved by theAdministrator) and average exittemperature of the absorbing liquidaveraged over the same time period asthe TRE index value determination(both measured while the vent stream isnormally routed and constituted); or

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

(iii) Where a carbon adsorber is thefinal recovery device in the recoverysystem, the total regeneration streammass flow during each carbon-bedregeneration cycle during the period ofthe TRE index value determination, andtemperature of the carbon-bed after eachregeneration during the period of theTRE index value determination (andwithin 15 minutes of completion of anycooling cycle or cycles); or

(iv) As an alternative to paragraph(a)(3)(i), (ii), or (iii) of this section, theconcentration level or reading indicatedby an organics monitoring device at theoutlet of the absorber, condenser, orcarbon adsorber averaged over the sametime period as the TRE index valuedetermination while the vent stream isnormally routed and constituted.

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

(4) Halogen concentration records.Record the halogen concentration in thevent stream determined according to theprocedures specified in a referencing

subpart. Submit this record in theNotification of Compliance Status, asspecified in § 63.999(b)(4). If the owneror operator designates the vent stream ashalogenated, then this shall be recordedand reported in the Notification ofCompliance Status report.

(b) Continuous records andmonitoring system data handling. (1)Continuous records. Where this subpartrequires a continuous record, the owneror operator shall maintain a record asspecified in paragraphs (b)(1)(i) through(iv) of this section, as applicable:

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

(ii) A record of block average valuesfor 15-minute or shorter periodscalculated from all measured datavalues during each period or from atleast one measured data value perminute if measured more frequentlythan once per minute.

(iii) Where data is collected from anautomated continuous parametermonitoring system, the owner oroperator may calculate and retain blockhourly average values from each 15-minute block average period or from atleast one measured value per minute ifmeasured more frequently than once perminute, and discard all but the mostrecent three valid hours of continuous(15-minute or shorter) records, if thehourly averages do not exclude periodsof CPMS breakdown or malfunction. Anautomated CPMS records the measureddata and calculates the hourly averagesthrough the use of a computerized dataacquisition system.

(iv) A record as required by analternative approved under areferencing subpart.

(2) Excluded data. Monitoring datarecorded during periods identified inparagraphs (b)(2)(i) through (iii) of thissection shall not be included in anyaverage computed to determinecompliance with an emission limit in areferencing subpart.

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

(ii) Periods of non-operation of theprocess unit (or portion thereof),resulting in cessation of the emissions towhich the monitoring applies; and

(iii) Start-ups, shutdowns, andmalfunctions, if the owner or operatorfollows the applicable provisions of thestart-up, shutdown, and malfunctionplan required by a referencing subpartand maintains the records specified inparagraph (d)(3) of this section.



(3) Records of daily averages. Inaddition to the records specified inparagraph (a), owners or operators shallkeep records as specified in paragraphs(b)(3)(i) and (ii) of this section andsubmit reports as specified in§ 63.999(c), unless an alternativerecordkeeping system has beenrequested and approved under areferencing subpart.

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

(A) The daily average shall becalculated as the average of all valuesfor a monitored parameter recordedduring the operating day. The averageshall cover a 24-hour period if operationis continuous, or the period of operationper operating day if operation is notcontinuous (e.g., for transfer racks theaverage shall cover periods of loading).If values are measured more frequentlythan once per minute, a single value foreach minute may be used to calculatethe daily average instead of allmeasured values.

(B) The operating day shall be theperiod defined in the operating permitor in the Notification of ComplianceStatus. It may be from midnight tomidnight or another daily period.

(ii) If all recorded values for amonitored parameter during anoperating day are within the rangeestablished in the Notification ofCompliance Status or in the operatingpermit, the owner or operator mayrecord that all values were within therange and retain this record for 5 yearsrather than calculating and recording adaily average for that operating day. Insuch cases, the owner or operator maynot discard the recorded values asallowed in paragraph (b)(1)(iii) of thissection.

(4) [Reserved](5) Alternative recordkeeping. For any

parameter with respect to any item ofequipment associated with a processvent or transfer rack (except lowthroughput transfer loading racks), theowner or operator may implement therecordkeeping requirements inparagraphs (b)(5)(i) or (ii) of this sectionas alternatives to the recordkeepingprovisions listed in paragraphs (b)(1)through (3) of this section. The owner oroperator shall retain each recordrequired by paragraphs (b)(5)(i) or (ii) ofthis section as provided in a referencingsubpart.

(i) The owner or operator may retainonly the daily average value, and is notrequired to retain more frequently

monitored operating parameter values,for a monitored parameter with respectto an item of equipment, if therequirements of paragraphs (b)(5)(i)(A)through (F) of this section are met. Theowner or operator shall notify theAdministrator in the Notification ofCompliance Status as specified in§ 63.999(b)(5) or, if the Notification ofCompliance Status has already beensubmitted, in the Periodic Reportimmediately preceding implementationof the requirements of this paragraph, asspecified in § 63.999(c)(6)(iv).

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

(B) The monitoring system generates arunning average of the monitoringvalues, updated at least hourlythroughout each operating day, thathave been obtained during thatoperating day, and the capability toobserve this average is readily availableto the Administrator on-site during theoperating day. The owner or operatorshall record the occurrence of anyperiod meeting the criteria inparagraphs (b)(5)(i)(B)(1) through (3) ofthis section. All instances in anoperating day constitute a singleoccurrence.

(1) The running average is above themaximum or below the minimumestablished limits;

(2) The running average is based on atleast six one-hour average values; and

(3) The running average reflects aperiod of operation other than a start-up, shutdown, or malfunction.

(C) The monitoring system is capableof detecting unchanging data duringperiods of operation other than start-ups, shutdowns or malfunctions, exceptin circumstances where the presence ofunchanging data is the expectedoperating condition based on pastexperience (e.g., pH in some scrubbers),and will alert the operator by alarm orother means. The owner or operatorshall record the occurrence. Allinstances of the alarm or other alert inan operating day constitute a singleoccurrence.

(D) The monitoring system will alertthe owner or operator by an alarm, if therunning average parameter valuecalculated under paragraph (b)(5)(i)(B)of this section reaches a set point thatis appropriately related to the

established limit for the parameter thatis being monitored.

(E) The owner or operator shall verifythe proper functioning of the monitoringsystem, including its ability to complywith the requirements of paragraph(b)(5)(i) of this section, at the timesspecified in paragraphs (b)(5)(i)(E)(1)through (3) of this section. The owner oroperator shall document that therequired verifications occurred.

(1) Upon initial installation.(2) Annually after initial installation.(3) After any change to the

programming or equipment constitutingthe monitoring system that mightreasonably be expected to alter themonitoring system’s ability to complywith the requirements of this section.

(F) The owner or operator shall retainthe records identified in paragraphs(b)(5)(i)(F)(1) through (4) of this section.

(1) Identification of each parameter,for each item of equipment, for whichthe owner or operator has elected tocomply with the requirements ofparagraph (b)(5)(i) of this section.

(2) A description of the applicablemonitoring system(s), and of howcompliance will be achieved with eachrequirement of paragraph (b)(5)(i)(A)through (E) of this section. Thedescription shall identify the locationand format (e.g., on-line storage; logentries) for each required record. If thedescription changes, the owner oroperator shall retain both the currentand the most recent supersededdescription. The description, and themost recent superseded description,shall be retained as provided in thesubpart that references this subpart,except as provided in paragraph(b)(5)(i)(F)(1) of this section.

(3) A description, and the date, of anychange to the monitoring system thatwould reasonably be expected to affectits ability to comply with therequirements of paragraph (b)(5)(i) ofthis section.

(4) Owners and operators subject toparagraph (b)(5)(i)(F)(2) of this sectionshall retain the current description ofthe monitoring system as long as thedescription is current, but not less than5 years from the date of its creation. Thecurrent description shall be retained on-site at all times or be accessible from acentral location by computer or othermeans that provides access within 2hours after a request. The owner oroperator shall retain the most recentsuperseded description at least until 5years from the date of its creation. Thesuperseded description shall be retainedon-site (or accessible from a centrallocation by computer that providesaccess within 2 hours after a request) atleast 6 months after being superseded.



Thereafter, the superseded descriptionmay be stored off-site.

(ii) If an owner or operator has electedto implement the requirements ofparagraph (b)(5)(i) of this section, and aperiod of 6 consecutive months haspassed without an excursion as definedin paragraph (b)(6)(i) of this section, theowner or operator is no longer requiredto record the daily average value for thatparameter for that unit of equipment, forany operating day when the dailyaverage value is less than the maximum,or greater than the minimum establishedlimit. With approval by theAdministrator, monitoring datagenerated prior to the compliance dateof this subpart shall be credited towardthe period of 6 consecutive months, ifthe parameter limit and the monitoringwere required and/or approved by theAdministrator.

(A) If the owner or operator elects notto retain the daily average values, theowner or operator shall notify theAdministrator in the next PeriodicReport, as specified in § 63.999(c)(6)(i).The notification shall identify theparameter and unit of equipment.

(B) If there is an excursion as definedin paragraph (b)(6)(i) of this section onany operating day after the owner oroperator has ceased recording dailyaverages as provided in paragraph(b)(5)(ii) of this section, the owner oroperator shall immediately resumeretaining the daily average value foreach operating day, and shall notify theAdministrator in the next PeriodicReport, as specified in § 63.999(c). Theowner or operator shall continue toretain each daily average value untilanother period of 6 consecutive monthshas passed without an excursion asdefined in paragraph (b)(6)(i) of thissection.

(C) The owner or operator shall retainthe records specified in paragraphs(b)(5)(i)(A) through (F) of this section forthe duration specified in a referencingsubpart. For any week, if compliancewith paragraphs (b)(5)(i)(A) through (D)of this section does not result inretention of a record of at least oneoccurrence or measured parametervalue, the owner or operator shallrecord and retain at least one parametervalue during a period of operation otherthan a start-up, shutdown, ormalfunction.

(6)(i) For the purposes of this section,an excursion means that the dailyaverage value of monitoring data for aparameter is greater than the maximum,or less than the minimum establishedvalue, except as provided in paragraphs(b)(6)(i)(A) and (B) of this section.

(A) The daily average value duringany start-up, shutdown or malfunction

shall not be considered an excursion ifthe owner or operator follows theapplicable provisions of the start-up,shutdown, and malfunction planrequired by a referencing subpart andmaintains the records specified inparagraph (d)(3) of this section.

(B) An excused excursion, asdescribed in paragraph (b)(6)(ii), doesnot count toward the number ofexcursions for the purposes of thissubpart.

(ii) One excused excursion for eachcontrol device or recovery device foreach semiannual period is allowed. If asource has developed a start-up,shutdown and malfunction plan, and amonitored parameter is outside itsestablished range or monitoring data arenot collected during periods of start-up,shutdown, or malfunction (and thesource is operated during such periodsin accordance with the start-up,shutdown, and malfunction plan) orduring periods of nonoperation of theprocess unit or portion thereof (resultingin cessation of the emissions to whichmonitoring applies), then the excursionis not a violation and, in cases wherecontinuous monitoring is required, theexcursion does not count as the excusedexcursion for determining compliance.

(c) Nonflare control and recoverydevice regulated source monitoringrecords. (1) Monitoring system records.For process vents and high throughputtransfer racks, the owner or operatorsubject to this subpart shall keep therecords specified in this paragraph, aswell as records specified elsewhere inthis subpart.

(i) For a CPMS used to comply withthis part, a record of the procedure usedfor calibrating the CPMS.

(ii) For a CPMS used to comply withthis subpart, records of the informationspecified in paragraphs (c)(ii)(A)through (H) of this section, as indicatedin a referencing subpart.

(A) The date and time of completionof calibration and preventivemaintenance of the CPMS.

(B) The ‘‘as found’’ and ‘‘as left’’CPMS readings, whenever anadjustment is made that affects theCPMS reading and a ‘‘no adjustment’’statement otherwise.

(C) The start time and duration orstart and stop times of any periods whenthe CPMS is inoperative.

(D) Records of the occurrence andduration of each start-up, shutdown,and malfunction of CPMS used tocomply with this subpart during whichexcess emissions (as defined in areferencing subpart) occur.

(E) For each start-up, shutdown, andmalfunction during which excessemissions as defined in a referencing

subpart occur, records whether theprocedures specified in the source’sstart-up, shutdown, and malfunctionplan were followed, and documentationof actions taken that are not consistentwith the plan. These records may takethe form of a ‘‘checklist,’’ or other formof recordkeeping that confirmsconformance with the start-up,shutdown, and malfunction plan for theevent.

(F) Records documenting each start-up, shutdown, and malfunction event.

(G) Records of CPMS start-up,shutdown, and malfunction event thatspecify that there were no excessemissions during the event, asapplicable.

(H) Records of the total duration ofoperating time.

(2) Combustion control and halogenreduction device monitoring records. (i)Each owner or operator using acombustion control or halogenreduction device to comply with thissubpart shall keep the following recordsup-to-date and readily accessible, asapplicable. Continuous records of theequipment operating parametersspecified to be monitored under§§ 63.988(c) (incinerator, boiler, andprocess heater monitoring), 63.994(c)(halogen reduction device monitoring),and 63.995(c) (other combustionsystems used as control devicemonitoring) or approved by theAdministrator in accordance with areferencing subpart.

(ii) Each owner or operator shall keeprecords of the daily average value ofeach continuously monitored parameterfor each operating day determinedaccording to the procedures specified inparagraph (b)(3)(i) of this section. Forcatalytic incinerators, record the dailyaverage of the temperature upstream ofthe catalyst bed and the daily average ofthe temperature differential across thebed. For halogen scrubbers record thedaily average pH and the liquid-to-gasratio.

(iii) Each owner or operator subject tothe provisions of this subpart shall keepup-to-date, readily accessible records ofperiods of operation during which theparameter boundaries are exceeded. Theparameter boundaries are establishedpursuant to § 63.996(c)(6).

(3) Monitoring records for recoverydevices, absorbers, condensers, carbonadsorbers or other noncombustionsystems used as control devices. (i) Eachowner or operator using a recoverydevice to achieve and maintain a TREindex value greater than the controlapplicability level specified in thereferencing subpart but less than 4.0 orusing an absorber, condenser, carbonadsorber or other non-combustion



system as a control device shall keepreadily accessible, continuous records ofthe equipment operating parametersspecified to be monitored under§§ 63.990(c) (absorber, condenser, andcarbon adsorber monitoring), 63.993(c)(recovery device monitoring), or63.995(c) (other noncombustion systemsused as a control device monitoring) oras approved by the Administrator inaccordance with a referencing subpart.For transfer racks, continuous recordsare required while the transfer ventstream is being vented.

(ii) Each owner or operator shall keeprecords of the daily average value ofeach continuously monitored parameterfor each operating day determinedaccording to the procedures specified inparagraph (b)(3)(i) of this section. Ifcarbon adsorber regeneration streamflow and carbon bed regenerationtemperature are monitored, the recordsspecified in paragraphs (c)(3)(ii)(A) and(B) of this section shall be kept insteadof the daily averages.

(A) Records of total regenerationstream mass or volumetric flow for eachcarbon-bed regeneration cycle.

(B) Records of the temperature of thecarbon bed after each regeneration andwithin 15 minutes of completing anycooling cycle.

(iii) Each owner or operator subject tothe provisions of this subpart shall keepup-to-date, readily accessible records ofperiods of operation during which theparameter boundaries are exceeded. Theparameter boundaries are establishedpursuant to § 63.996(c)(6).

(d) Other records. (1) Closed ventsystem records. For closed vent systemsthe owner or operator shall record theinformation specified in paragraphs(d)(1)(i) through (iv) of this section, asapplicable.

(i) For closed vent systems collectingregulated material from a regulatedsource, the owner or operator shallrecord the identification of all parts ofthe closed vent system, that aredesignated as unsafe or difficult toinspect, an explanation of why theequipment is unsafe or difficult toinspect, and the plan for inspecting theequipment required by § 63.983(b)(2)(ii)or (iii) of this section.

(ii) For each closed vent system thatcontains bypass lines that could diverta vent stream away from the controldevice and to the atmosphere, the owneror operator shall keep a record of theinformation specified in eitherparagraph (d)(1)(ii)(A) or (B) of thissection, as applicable.

(A) Hourly records of whether theflow indicator specified under§ 63.983(a)(3)(i) was operating andwhether a diversion was detected at any

time during the hour, as well as recordsof the times of all periods when the ventstream is diverted from the controldevice or the flow indicator is notoperating.

(B) Where a seal mechanism is usedto comply with § 63.983(a)(3)(ii), hourlyrecords of flow are not required. In suchcases, the owner or operator shall recordthat the monthly visual inspection ofthe seals or closure mechanisms hasbeen done, and shall record theoccurrence of all periods when the sealmechanism is broken, the bypass linevalve position has changed, or the keyfor a lock-and-key type lock has beenchecked out, and records of any car-sealthat has been broken.

(iii) For a closed vent systemcollecting regulated material from aregulated source, when a leak isdetected as specified in § 63.983(d)(2),the information specified in paragraphs(d)(1)(iii)(A) through (F) of this sectionshall be recorded and kept for 5 years.

(A) The instrument and theequipment identification number andthe operator name, initials, oridentification number.

(B) The date the leak was detectedand the date of the first attempt to repairthe leak.

(C) The date of successful repair of theleak.

(D) The maximum instrument readingmeasured by the procedures in§ 63.983(c) after the leak is successfullyrepaired or determined to benonrepairable.

(E) ‘‘Repair delayed’’ and the reasonfor the delay if a leak is not repairedwithin 15 days after discovery of theleak. The owner or operator maydevelop a written procedure thatidentifies the conditions that justify adelay of repair. In such cases, reasonsfor delay of repair may be documentedby citing the relevant sections of thewritten procedure.

(F) Copies of the Periodic Reports asspecified in § 63.999(c), if records arenot maintained on a computerizeddatabase capable of generating summaryreports from the records.

(iv) For each instrumental or visualinspection conducted in accordancewith § 63.983(b)(1) for closed ventsystems collecting regulated materialfrom a regulated source during whichno leaks are detected, the owner oroperator shall record that the inspectionwas performed, the date of theinspection, and a statement that noleaks were detected.

(2) Storage vessel and transfer rackrecords. An owner or operator shallkeep readily accessible records of theinformation specified in paragraphs

(d)(2)(i) and (ii) of this section, asapplicable.

(i) A record of the measured values ofthe parameters monitored in accordancewith § 63.985(c) or § 63.987(c).

(ii) A record of the planned routinemaintenance performed on the controlsystem during which the control systemdoes not meet the applicablespecifications of §§ 63.983(a), 63.985(a),or 63.987(a), as applicable, due to theplanned routine maintenance. Such arecord shall include the informationspecified in paragraphs (d)(2)(ii)(A)through (C) of this section. Thisinformation shall be submitted in thePeriodic Reports as specified in§ 63.999(c)(4).

(A) The first time of day and date therequirements of §§ 63.983(a),§ 63.985(a), or § 63.987(a), as applicable,were not met at the beginning of theplanned routine maintenance, and

(B) The first time of day and date therequirements of §§ 63.983(a), 63.985(a),or 63.987(a), as applicable, were met atthe conclusion of the planned routinemaintenance.

(C) A description of the type ofmaintenance performed.

(3) Regulated source and controlequipment start-up, shutdown andmalfunction records. (i) Records of theoccurrence and duration of each start-up, shutdown, and malfunction ofoperation of process equipment or of airpollution control equipment used tocomply with this part during whichexcess emissions (as defined in areferencing subpart) occur.

(ii) For each start-up, shutdown, andmalfunction during which excessemissions occur, records that theprocedures specified in the source’sstart-up, shutdown, and malfunctionplan were followed, and documentationof actions taken that are not consistentwith the plan. For example, if a start-up,shutdown, and malfunction planincludes procedures for routing controldevice emissions to a backup controldevice (e.g., the incinerator for ahalogenated stream could be routed to aflare during periods when the primarycontrol device is out of service), recordsmust be kept of whether the plan wasfollowed. These records may take theform of a ‘‘checklist,’’ or other form ofrecordkeeping that confirmsconformance with the start-up,shutdown, and malfunction plan for theevent.

(4) Equipment leak records. Theowner or operator shall maintainrecords of the information specified inparagraphs (d)(4)(i) and (ii) of thissection for closed vent systems andcontrol devices if specified by theequipment leak provisions in a



referencing subpart. The recordsspecified in paragraph (d)(4)(i) of thissection shall be retained for the life ofthe equipment. The records specified inparagraph (d)(4)(ii) of this section shallbe retained for 5 years.

(i) The design specifications andperformance demonstrations specifiedin paragraphs (d)(4)(i)(A) through (C) ofthis section.

(A) Detailed schematics, designspecifications of the control device, andpiping and instrumentation diagrams.

(B) The dates and descriptions of anychanges in the design specifications.

(C) A description of the parameter orparameters monitored, as required in areferencing subpart, to ensure thatcontrol devices are operated andmaintained in conformance with theirdesign and an explanation of why thatparameter (or parameters) was selectedfor the monitoring.

(ii) Records of operation of closedvent systems and control devices, asspecified in paragraphs (d)(4)(ii)(A)through (C) of this section.

(A) Dates and durations when theclosed vent systems and control devicesrequired are not operated as designed asindicated by the monitored parameters.

(B) Dates and durations during whichthe monitoring system or monitoringdevice is inoperative.

(C) Dates and durations of start-upsand shutdowns of control devicesrequired in this subpart.

(5) Records of monitored parametersoutside of range. The owner or operatorshall record the occurrences and thecause of periods when the monitoredparameters are outside of the parameterranges documented in the Notificationof Compliance Status report. Thisinformation shall also be reported in thePeriodic Report.

§ 63.999 Notifications and other reports.(a) Performance test and flare

compliance assessment notificationsand reports. (1) General requirements.General requirements for performancetest and flare compliance assessmentnotifications and reports are specified inparagraphs (a)(1)(i) through (iii) of thissection.

(i) The owner or operator shall notifythe Administrator of the intention toconduct a performance test or flarecompliance assessment at least 30 daysbefore such a compliance demonstrationis scheduled to allow the Administratorthe opportunity to have an observerpresent. If after 30 days notice for suchan initially scheduled compliancedemonstration, there is a delay (due tooperational problems, etc.) inconducting the scheduled compliancedemonstration, the owner or operator of

an affected facility shall notify theAdministrator as soon as possible of anydelay in the original demonstrationdate. The owner or operator shallprovide at least 7 days prior notice ofthe rescheduled date of the compliancedemonstration, or arrange a rescheduleddate with the Administrator by mutualagreement.

(ii) Unless specified differently in thissubpart or a referencing subpart,performance test and flare complianceassessment reports, not submitted aspart of a Notification of ComplianceStatus report, shall be submitted to theAdministrator within 60 days ofcompleting the test or determination.

(iii) Any application for a waiver of aninitial performance test or flarecompliance assessment, as allowed by§ 63.997(b)(2), shall be submitted nolater than 90 days before theperformance test or complianceassessment is required. The applicationfor a waiver shall include informationjustifying the owner or operator’srequest for a waiver, such as thetechnical or economic infeasibility, orthe impracticality, of the sourceperforming the test.

(iv) Any application to substitute aprior performance test or complianceassessment for an initial performancetest or compliance assessment, asallowed by § 63.997(b)(1), shall besubmitted no later than 90 days beforethe performance test or compliance testis required. The application forsubstitution shall include informationdemonstrating that the priorperformance test or complianceassessment was conducted using thesame methods specified in § 63.997(e) or§ 63.987(b)(3), as applicable. Theapplication shall also includeinformation demonstrating that noprocess changes have been made sincethe test, or that the results of theperformance test or complianceassessment reliably demonstratecompliance despite process changes.

(2) Performance test and flarecompliance assessment report submittaland content requirements. Performancetest and flare compliance assessmentreports shall be submitted as specifiedin paragraphs (a)(2)(i) through (iii) ofthis section.

(i) For performance tests or flarecompliance assessments, theNotification of Compliance Status orperformance test and flare complianceassessment report shall include onecomplete test report as specified inparagraph (a)(2)(ii) of this section foreach test method used for a particularkind of emission point and otherapplicable information specified in(a)(2)(iii) of this section. For additional

tests performed for the same kind ofemission point using the same method,the results and any other informationrequired in applicable sections of thissubpart shall be submitted, but acomplete test report is not required.

(ii) A complete test report shallinclude a brief process description,sampling site description, description ofsampling and analysis procedures andany modifications to standardprocedures, quality assuranceprocedures, record of operatingconditions during the test, record ofpreparation of standards, record ofcalibrations, raw data sheets for fieldsampling, raw data sheets for field andlaboratory analyses, documentation ofcalculations, and any other informationrequired by the test method.

(iii) The performance test or flarecompliance assessment report shall alsoinclude the information specified in(a)(2)(iii)(A) through (C) of this section,as applicable.

(A) For flare compliance assessments,the owner or operator shall submit therecords specified in § 63.998(a)(1)(i).

(B) For nonflare control device andhalogen reduction device performancetests as required under §§ 63.988(b),63.990(b), 63.994(b), or 63.995(b), alsosubmit the records specified in§ 63.998(a)(2)(ii), as applicable.

(C) For recovery devices also submitthe records specified in § 63.998(a)(3),as applicable.

(b) Notification of Compliance Status.(1) Routing storage vessel or transferrack emissions to a process or fuel gassystem. An owner or operator whoelects to comply with § 63.982 byrouting emissions from a storage vesselor transfer rack to a process or to a fuelgas system, as specified in § 63.984,shall submit as part of the Notificationof Compliance Status the informationspecified in paragraphs (b)(1)(i) and (ii),or (iii) of this section, as applicable.

(i) If storage vessels emissions arerouted to a process, the owner oroperator shall submit the informationspecified in § 63.984(b)(2) and (3).

(ii) As specified in § 63.984(c), ifstorage vessels emissions are routed toa fuel gas system, the owner or operatorshall submit a statement that theemission stream is connected to the fuelgas system and whether the conveyancesystem is subject to the requirements of§ 63.983.

(iii) As specified in § 63.984(c), reportthat the transfer rack emission stream isbeing routed to a fuel gas system orprocess, when complying with areferencing subpart.

(2) Routing storage vessel or lowthroughput transfer rack emissions to anonflare control device. An owner or



operator who elects to comply with§ 63.982 by routing emissions from astorage vessel or low throughputtransfer rack to a nonflare controldevice, as specified in § 63.985, shallsubmit, with the Notification ofCompliance Status required by areferencing subpart, the applicableinformation specified in paragraphs(b)(2)(i) through (vi) of this section.Owners and operators who elect tocomply with § 63.985(b)(1)(i) bysubmitting a design evaluation shallsubmit the information specified inparagraphs (b)(2)(i) through (iv) of thissection. Owners and operators who electto comply with § 63.985(b)(1)(ii) bysubmitting performance test results froma control device for a storage vessel orlow throughput transfer rack shallsubmit the information specified inparagraphs (b)(2)(i), (ii), (iv), and (v) ofthis section. Owners and operators whoelect to comply with § 63.985(b)(1)(ii) bysubmitting performance test results froma shared control device shall submit theinformation specified in paragraph(b)(2)(vi) of this section.

(i) A description of the parameter orparameters to be monitored to ensurethat the control device is being properlyoperated and maintained, anexplanation of the criteria used forselection of that parameter (orparameters), and the frequency withwhich monitoring will be performed(e.g., when the liquid level in thestorage vessel is being raised). Ifcontinuous records are specified,indicate whether the provisions of§ 63.999(c)(6) apply.

(ii) The operating range for eachmonitoring parameter identified in themonitoring plan required by§ 63.985(c)(1). The specified operatingrange shall represent the conditions forwhich the control device is beingproperly operated and maintained.

(iii) The documentation specified in§ 63.985(b)(1)(i), if the owner or operatorelects to prepare a design evaluation.

(iv) The provisions of paragraph (c)(6)of this section do not apply to any lowthroughput transfer rack for which theowner or operator has elected to complywith § 63.985 or to any storage vessel forwhich the owner or operator is notrequired, by the applicable monitoringplan established under § 63.985(c)(1), tokeep continuous records. If continuousrecords are required, the owner oroperator shall specify in the monitoringplan whether the provisions ofparagraph (c)(6) of this section apply.

(v) A summary of the results of theperformance test described in§ 63.985(b)(1)(ii). If such a performancetest is conducted, submit the results ofthe performance test, including the

information specified in§ 63.999(a)(2)(ii) and (iii).

(vi) Identification of the storage vesselor transfer rack and control device forwhich the performance test will besubmitted, and identification of theemission point(s), if any, that share thecontrol device with the storage vessel ortransfer rack and for which theperformance test will be conducted.

(3) Operating range for monitoredparameters. The owner or operator shallsubmit as part of the Notification ofCompliance Status, the operating rangefor each monitoring parameteridentified for each control, recovery, orhalogen reduction device as determinedpursuant to § 63.996(c)(6). The specifiedoperating range shall represent theconditions for which the control,recovery, or halogen reduction device isbeing properly operated andmaintained. This report shall includethe information in paragraphs (b)(3)(i)through (iii) of this section, asapplicable, unless the range and theoperating day have been established inthe operating permit.

(i) The specific range of the monitoredparameter(s) for each emission point;

(ii) The rationale for the specific rangefor each parameter for each emissionpoint, including any data andcalculations used to develop the rangeand a description of why the rangeindicates proper operation of thecontrol, recovery, or halogen reductiondevice, as specified in paragraphs(b)(3)(ii)(A), (B), or (C) of this section, asapplicable.

(A) If a performance test or TRE indexvalue determination is required by areferencing subpart for a control,recovery or halogen reduction device,the range shall be based on theparameter values measured during theTRE index value determination orperformance test and may besupplemented by engineeringassessments and/or manufacturer’srecommendations. TRE index valuedeterminations and performance testingare not required to be conducted overthe entire range of permitted parametervalues.

(B) If a performance test or TRE indexvalue determination is not required bya referencing subpart for a control,recovery, or halogen reduction device,the range may be based solely onengineering assessments and/ormanufacturer’s recommendations.

(C) The range may be based on rangesor limits previously established under areferencing subpart.

(iii) A definition of the source’soperating day for purposes ofdetermining daily average values ofmonitored parameters. The definition

shall specify the times at which anoperating day begins and ends.

(4) Halogen reduction device. Theowner or operator shall submit as partof the Notification of Compliance Statusthe information recorded pursuant to§ 63.998(a)(4).

(5) Alternative recordkeeping. Theowner or operator shall notify theAdministrator in the Notification ofCompliance Status if the alternativerecordkeeping requirements of§ 63.998(b)(5) are being implemented. Ifthe Notification of Compliance Statushas already been submitted, thenotification must be in the periodicreport submitted immediately precedingimplementation of the alternative, asspecified in paragraph (c)(6)(iv) of thissection.

(c) Periodic reports. (1) Periodicreports shall include the reportingperiod dates, the total source operatingtime for the reporting period, and, asapplicable, all information specified inthis section and in the referencingsubpart, including reports of periodswhen monitored parameters are outsidetheir established ranges.

(2) For closed vent systems subject tothe requirements of § 63.983, the owneror operator shall submit as part of theperiodic report the informationspecified in paragraphs (c)(2)(i) through(iii) of this section, as applicable.

(i) The information recorded in§ 63.998(d)(1)(iii)(B) through (E);

(ii) Reports of the times of all periodsrecorded under § 63.998(d)(1)(ii)(A)when the vent stream is diverted fromthe control device through a bypass line;and

(iii) Reports of all times recordedunder § 63.998(d)(1)(ii)(B) whenmaintenance is performed in car-sealedvalves, when the seal is broken, whenthe bypass line valve position ischanged, or the key for a lock-and-keytype configuration has been checkedout.

(3) For flares subject to this subpart,report all periods when all pilot flameswere absent or the flare flame wasabsent as recorded in§ 63.998(a)(1)(i)(C).

(4) For storage vessels, the owner oroperator shall include in each periodicreport required the informationspecified in paragraphs (c)(4)(i) through(iii) of this section.

(i) For the 6-month period covered bythe periodic report, the informationrecorded in § 63.998(d)(2)(ii)(A) through(C).

(ii) For the time period covered by theperiodic report and the previousperiodic report, the total number ofhours that the control system did notmeet the requirements of §§ 63.983(a),



63.985(a), or 63.987(a) due to plannedroutine maintenance.

(iii) A description of the plannedroutine maintenance during the next 6-month periodic reporting period that isanticipated to be performed for thecontrol system when it is not expectedto meet the required control efficiency.This description shall include the typeof maintenance necessary, plannedfrequency of maintenance, and expectedlengths of maintenance periods.

(5) If a control device other than aflare is used to control emissions fromstorage vessels or low throughputtransfer racks, the periodic report shalldescribe each occurrence when themonitored parameters were outside ofthe parameter ranges documented in theNotification of Compliance Status inaccordance with paragraph (b)(3) of thissection. The description shall includethe information specified in paragraphs(c)(5)(i) and (ii) of this section.

(i) Identification of the control devicefor which the measured parameterswere outside of the established ranges,and

(ii) The cause for the measuredparameters to be outside of theestablished ranges.

(6) For process vents and transferracks (except low throughput transferracks), periodic reports shall include theinformation specified in paragraphs(c)(6)(i) through (iv) of this section.

(i) Periodic reports shall include thedaily average values of monitoredparameters, calculated as specified in§ 63.998(b)(3)(i) for any days when thedaily average value is outside thebounds as defined in § 63.998(c)(2)(iii)or (c)(3)(iii), or the data availabilityrequirements defined in paragraphs(c)(6)(i)(A) through (D) of this sectionare not met, whether these excursionsare excused or unexcused excursions.For excursions caused by lack ofmonitoring data, the duration of periodswhen monitoring data were notcollected shall be specified. Anexcursion means any of the cases listedin paragraphs (c)(6)(i)(A) through (C) ofthis section. If the owner or operatorelects not to retain the daily averagevalues pursuant to § 63.998(b)(5)(ii)(A),the owner or operator shall report thisin the periodic report.

(A) When the daily average value ofone or more monitored parameters isoutside the permitted range.

(B) When the period of control orrecovery device operation is 4 hours orgreater in an operating day andmonitoring data are insufficient toconstitute a valid hour of data for atleast 75 percent of the operating hours.

(C) When the period of control orrecovery device operation is less than 4

hours in an operating day and morethan one of the hours during the periodof operation does not constitute a validhour of data due to insufficientmonitoring data.

(D) Monitoring data are insufficient toconstitute a valid hour of data as usedin paragraphs (c)(6)(i)(B) and (C) of thissection, if measured values areunavailable for any of the 15-minuteperiods within the hour.

(ii) Report all carbon-bed regenerationcycles during which the parametersrecorded under § 63.998(a)(2)(ii)(C) wereoutside the ranges established in theNotification of Compliance Status or inthe operating permit.

(iii) The provisions of paragraph(c)(6)(i) and (ii) of this section do notapply to any low throughput transferrack for which the owner or operatorhas elected to comply with § 63.985 orto any storage vessel for which theowner or operator is not required, by theapplicable monitoring plan establishedunder § 63.985(c)(1), to keep continuousrecords. If continuous records arerequired, the owner or operator shallspecify in the monitoring plan whetherthe provisions of paragraphs (c)(6)(i)and (c)(6)(ii) of this section apply.

(iv) If the owner or operator haschosen to use the alternativerecordkeeping requirements of§ 63.998(b)(5), and has not notified theAdministrator in the Notification ofCompliance Status that the alternativerecordkeeping provisions are beingimplemented as specified in paragraph(b)(5) of this section, the owner oroperator shall notify the Administratorin the periodic report submittedimmediately preceding implementationof the alternative. The notificationsspecified in § 63.998(b)(5)(ii) shall beincluded in the next Periodic Reportfollowing the identified event.

(7) As specified in § 63.997(c)(3), if anowner or operator at a facility notrequired to obtain a title V permit electsat a later date to replace an existingcontrol or recovery device with adifferent control or recovery device,then the Administrator shall be notifiedby the owner or operator beforeimplementing the change. Thisnotification may be included in thefacility’s periodic reporting.

(d) Requests for approval ofmonitoring alternatives. (1) Alternativesto the continuous operating parametermonitoring and recordkeepingprovisions. Requests for approval to usealternatives to continuous operatingparameter monitoring andrecordkeeping provisions, as providedfor in § 63.996(d)(1), shall be submittedas specified in a referencing subpart,and the referencing subpart will govern

the review and approval of suchrequests. The information specified inparagraphs (d)(1)(i) and (ii) of thissection shall be included.

(i) A description of the proposedalternative system; and

(ii) Information justifying the owneror operator’s request for an alternativemethod, such as the technical oreconomic infeasibility, or theimpracticality, of the regulated sourceusing the required method.

(2) Monitoring a different parameterthan those listed. Requests for approvalto monitor a different parameter thanthose established in § 63.996(c)(6) ofthis section or to set unique monitoringparameters, as provided for in§ 63.996(d)(2), shall be submitted asspecified as specified in a referencingsubpart, and the referencing subpartwill govern the review and approval ofsuch requests. The informationspecified in paragraphs (d)(2)(i) through(iii) of this section shall be included inthe request.

(i) A description of the parameter(s) tobe monitored to ensure the controltechnology or pollution preventionmeasure is operated in conformancewith its design and achieves thespecified emission limit, percentreduction, or nominal efficiency, and anexplanation of the criteria used to selectthe parameter(s);

(ii) A description of the methods andprocedures that will be used todemonstrate that the parameterindicates proper operation of the controldevice, the schedule for thisdemonstration, and a statement that theowner or operator will establish a rangefor the monitored parameter(s) as part ofthe Notification of Compliance Status ifrequired under a referencing subpart,unless this information has already beensubmitted; and

(iii) The frequency and content ofmonitoring, recording, and reporting, ifmonitoring and recording is notcontinuous, or if reports of daily averagevalues when the monitored parametervalue is outside the established rangewill not be included in periodic reportsunder paragraph (c) of this section. Therationale for the proposed monitoring,recording, and reporting system shall beincluded.

3. Part 63 is amended by addingsubpart TT to read as follows:

Subpart TT—National Emission Standardsfor Equipment Leaks—Control Level 1Sec.63.1000 Applicability.63.1001 Definitions.63.1002 Compliance determination.63.1003 Equipment identification.63.1004 Instrument and sensory monitoring

for leaks.



63.1005 Leak repair.63.1006 Valves in gas and vapor service and

in light liquid service standards.63.1007 Pumps in light liquid service

standards.63.1008 Connectors in gas and vapor

service and in light liquid servicestandards.

63.1009 Agitators in gas and vapor serviceand in light liquid service standards.

63.1010 Pumps, valves, connectors, andagitators in heavy liquid service;pressure relief devices in liquid service;and instrumentation systems standards.

63.1011 Pressure relief devices in gas andvapor service standards.

63.1012 Compressor standards.63.1013 Sampling connection systems

standards.63.1014 Open-ended valves or lines

standards.63.1015 Closed vent systems and control

devices; or emissions routed to a fuel gassystem or process standards.

63.1016 Alternative means of emissionlimitation: Enclosed-vented processunits.

63.1017 Recordkeeping requirements.63.1018 Reporting requirements.

Subpart TT—National EmissionStandards for Equipment Leaks—Control Level 1

§ 63.1000 Applicability.(a) The provisions of this subpart

apply to the control of air emissionsfrom equipment leaks for which anothersubpart references the use of thissubpart for such air emission control.These air emission standards forequipment leaks are placed here foradministrative convenience and onlyapply to those owners and operators offacilities subject to the referencingsubpart. The provisions of 40 CFR part63 subpart A (General Provisions) donot apply to this subpart except as notedin the referencing subpart.

(b) [Reserved](c) Exemptions. Paragraphs (c)(1)

through (c)(3) delineate equipment thatis excluded from the requirements ofthis subpart.

(1) Equipment in vacuum service.Equipment that is in vacuum service isexcluded from the requirements of thissubpart.

(2) Equipment in service less than 300hours per calendar year. Equipment thatis in regulated material service less than300 hours per calendar year is excludedfrom the requirements of §§ 63.1006through 63.1015 of this subpart if it isidentified as required in paragraph(c)(2)(ii) of this section.

(3) Lines and equipment notcontaining process fluids. Except asprovided in a referencing subpart, linesand equipment not containing processfluids are not subject to the provisionsof this subpart. Utilities, and other

nonprocess lines, such as heating andcooling systems which do not combinetheir materials with those in theprocesses they serve, are not consideredto be part of a process unit or affectedfacility.

§ 63.1001 Definitions.All terms used in this part shall have

the meaning given them in the Act andin this section.

Closed-loop system means anenclosed system that returns processfluid to the process and is not venteddirectly to the atmosphere.

Closed-purge system means a systemor combination of systems and portablecontainers to capture purged liquids.Containers must be covered or closedwhen not being filled or emptied.

Closed-vent system means a systemthat is not open to the atmosphere andis composed of piping, ductwork,connections, and, if necessary, flowinducing devices that transport gas orvapor from an emission point to acontrol device.


Connector means flanged, screwed, orother joined fittings used to connect twopipelines or a pipeline and a piece ofequipment. A common connector is aflange. Joined fittings weldedcompletely around the circumference ofthe interface are not consideredconnectors for the purpose of thisregulation. For the purpose of reportingand recordkeeping, connector meansjoined fittings that are not inaccessible,ceramic, or ceramic-lined (e.g.,porcelain, glass, or glass-lined) asdescribed in § 63.1008(d)(2) of thissubpart.

Control device means any combustiondevice, recovery device, recapturedevice, or any combination of thesedevices used to comply with this part.Such equipment or devices include, butare not limited to, absorbers, carbonadsorbers, condensers, incinerators,flares, boilers, and process heaters.Primary condensers on steam strippersor fuel gas systems are not consideredcontrol devices.

Distance piece means an open orenclosed casing through which thepiston rod travels, separating thecompressor cylinder from the crankcase.

Double block and bleed system meanstwo block valves connected in serieswith a bleed valve or line that can ventthe line between the two block valves.

Equipment means each pump,compressor, agitator, pressure reliefdevice, sampling connection system,

open-ended valve or line, valve,connector, and instrumentation systemin regulated material service; and anycontrol devices or systems used tocomply with this subpart.

First attempt at repair, for thepurposes of this subpart, means to takeaction for the purpose of stopping orreducing leakage of organic material tothe atmosphere, followed by monitoringas specified in § 63.1004(b) and, asapplicable, in § 63.1004(c) of thissubpart, as appropriate, to verifywhether the leak is repaired, unless theowner or operator determines by othermeans that the leak is not repaired.


Fuel gas system means the offsite andonsite piping and flow and pressurecontrol system that gathers gaseousstream(s) generated by onsiteoperations, may blend them with othersources of gas, and transports thegaseous stream for use as a fuel gas incombustion equipment, such asfurnaces and gas turbines, either singlyor in combination.

In gas or vapor service means that apiece of equipment in regulated materialservice contains a gas or vapor atoperating conditions.

In heavy liquid service means that apiece of equipment in regulated materialis not in gas or vapor service or in lightliquid service.

In light liquid service means that apiece of equipment in regulated-material service contains a liquid thatmeets the following conditions:

(1) The vapor pressure of one or moreof the organic compounds is greaterthan 0.3 kilopascals at 20° C,

(2) The total concentration of the pureorganic compounds constituents havinga vapor pressure greater than 0.3kilopascals at 20° C is equal to or greaterthan 20 percent by weight of the totalprocess stream, and

(3) The fluid is a liquid at operatingconditions.(Note to definition of ‘‘In light liquidservice’’: Vapor pressures may be determinedby standard reference texts or ASTM D–2879.)

In liquid service means that a piece ofequipment in regulated material serviceis not in gas or vapor service.

In organic hazardous air pollutant orin organic HAP service means that apiece of equipment either contains orcontracts a fluid (liquid or gas) that isat least 5 percent by weight of totalorganic HAP’s as determined accordingto the provisions of § 63.180(d) ofsubpart H. The provisions of § 63.180(d)of Subpart H also specify how to



determine that a piece of equipment isnot in organic HAP service.

In regulated material service means,for the purposes of this subpart,equipment which meets the definitionof ‘‘in VOC service’’, ‘‘in VHAPservice’’, ‘‘in organic hazardous airpollutant service,’’ or ‘‘in otherchemicals or groups of chemicalsservice’’ as defined in the referencingsubpart.

In-situ sampling systems meansnonextractive samplers or in-linesamplers.

In vacuum service means thatequipment is operating at an internalpressure which is at least 5 kilopascalsbelow ambient pressure.

Initial startup means for new sources,the first time the source beginsproduction. For additions or changesnot defined as a new source by thissubpart, initial startup means the firsttime additional or changed equipment isput into operation. Initial startup doesnot include operation solely for testingof equipment. Initial startup does notinclude subsequent startup of processunits following malfunction or processunit shutdowns. Except for equipmentleaks, initial startup also does notinclude subsequent startups (of processunits following changes in product forflexible operation units or followingrecharging of equipment in batch unitoperations).

Instrumentation system means agroup of equipment components used tocondition and convey a sample of theprocess fluid to analyzers andinstruments for the purpose ofdetermining process operatingconditions (e.g., composition, pressure,flow, etc.). Valves and connectors arethe predominant type of equipmentused in instrumentation systems;however, other types of equipment mayalso be included in these systems. Onlyvalves nominally 1.27 centimeters (0.5inches) and smaller, and connectorsnominally 1.91 centimeters (0.75inches) and smaller in diameter areconsidered instrumentation systems forthe purposes of this subpart. Valvesgreater than nominally 1.27 centimeters(0.5 inches) and connectors greater thannominally 1.91 centimeters (0.75inches) associated with instrumentationsystems are not considered part ofinstrumentation systems and must bemonitored individually.

Liquids dripping means any visibleleakage from the seal includingdripping, spraying, misting, clouding,and ice formation. Indications of liquidsdripping include puddling or new stainsthat are indicative of an existingevaporated drip.

Nonrepairable means that it istechnically infeasible to repair a piece ofequipment from which a leak has beendetected without a process unit oraffected facility shutdown.

Open-ended valve or line means anyvalve, except relief valves, having oneside of the valve seat in contact withprocess fluid and one side open toatmosphere, either directly or throughopen piping.

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

Pressure release means the emissionof materials resulting from the systempressure being greater than the setpressure of the relief device. Thisrelease can be one release or a series ofreleases over a short time period due toa malfunction in the process.

Pressure relief device or valve meansa safety device used to preventoperating pressures from exceeding themaximum allowable working pressureof the process equipment. A commonpressure relief device is a spring-loadedpressure relief valve. Devices that areactuated either by a pressure of less thanor equal to 2.5 pounds per square inchgauge or by a vacuum are not pressurerelief devices.

Process unit means the equipmentspecified in the definitions of processunit in the applicable referencingsubpart. If the referencing subpart doesnot define process unit, then for thepurposes of this part, process unitmeans the equipment assembled andconnected by pipes or ducts to processraw materials and to manufacture anintended product.

Process unit shutdown means a workpractice or operational procedure thatstops production from a process unit, orpart of a process unit during which it istechnically feasible to clear processmaterial from a process unit, or part ofa process unit, consistent with safetyconstraints and during which repairscan be affected. The following are notconsidered process unit shutdowns:

(1) An unscheduled work practice oroperations procedure that stopsproduction from a process unit, or partof a process unit, for less than 24 hours.

(2) An unscheduled work practice oroperations procedure that would stopproduction from a process unit, or partof a process unit, for a shorter period oftime than would be required to clear theprocess unit, or part of the process unit,of materials and start up the unit, andwould result in greater emissions thandelay of repair of leaking components

until the next scheduled process unitshutdown.

(3) The use of spare equipment andtechnically feasible bypassing ofequipment without stoppingproduction.

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

Regulated material, for purposes ofthis subpart, refers to gases from volatileorganic liquids (VOL), volatile organiccompounds (VOC), hazardous airpollutants (HAP), or other chemicals orgroups of chemicals that are regulatedby the referencing subpart.

Regulated source for the purposes ofthis subpart, means the stationarysource, the group of stationary sources,or the portion of a stationary source thatis regulated by a referencing subpart.

Relief device or valve means a valveused only to release an unplanned,nonroutine discharge. A relief valvedischarge can result from an operatorerror, a malfunction such as a powerfailure or equipment failure, or otherunexpected cause that requiresimmediate venting of gas from processequipment in order to avoid safetyhazards or equipment damage.

Repaired, for the purposes of thissubpart means the following:

(1) Equipment is adjusted, orotherwise altered, to eliminate a leak asdefined in the applicable sections of thissubpart, and

(2) Equipment, unless otherwisespecified in applicable provisions ofthis subpart, is monitored as specifiedin § 63.1004(b) and, as applicable in§§ 63.1004(c) and 63.1015 of this part asappropriate, to verify that emissionsfrom the equipment are below theapplicable leak definition.

Routed to a process or route to aprocess means the emissions areconveyed to any enclosed portion of aprocess unit where the emissions arepredominantly recycled and/orconsumed in the same manner as amaterial that fulfills the same functionin the process and/or transformed bychemical reaction into materials that arenot regulated materials and/orincorporated into a product; and /orrecovered.

Sampling connection system meansan assembly of equipment within aprocess unit or affected facility usedduring periods of representativeoperation to take samples of the processfluid. Equipment used to takenonroutine grab samples is notconsidered a sampling connectionsystem.

Screwed (threaded) connector meansa threaded pipe fitting where thethreads are cut on the pipe wall and the



fitting requires only two pieces to makethe connection (i.e., the pipe and thefitting).


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

Start-up means the setting intooperation of a piece of equipment or acontrol device that is subject to thissubpart.

§ 63.1002 Compliance determination.(a) General procedures for compliance

determination. Compliance with thissubpart will be determined by review ofthe records required by § 63.1017 andthe reports required by § 63.1018, byreview of performance test results, andby inspections.

(b) Alternative means of emissionlimitation. The provisions of paragraph(b) of this section do not apply to theperformance standards of § 63.1001(b)for pressure relief devices,§ 63.1006(e)(4) for valves designated ashaving no detectable emissions or§ 63.1012(f) for compressors operatingunder the alternative compressorstandard.

(1) An owner or operator may requesta determination of alternative means ofemission limitation to the requirementsof §§ 63.1005 through 63.1015 asprovided in paragraphs (b)(2) through(b)(6) of this section. If theAdministrator makes a determinationthat an alternative means of emissionlimitation is a permissible alternative,the owner or operator shall comply withthe alternative.

(2) Permission to use an alternativemeans of emission limitation shall begoverned by the following procedures inparagraphs (b)(3) through (b)(6) of thissection.

(3) Where the standard is anequipment, design, or operationalrequirement the criteria specified inparagraphs (b)(3)(i) and (b)(3)(ii) shall bemet.

(i) Each owner or operator applyingfor permission to use an alternativemeans of emission limitation shall beresponsible for collecting and verifyingemission performance test data for analternative means of emissionlimitation.

(ii) The Administrator will comparetest data for the means of emissionlimitation to test data for the equipment,design, and operational requirements.

(4) Where the standard is a workpractice the criteria specified in

paragraphs (b)(4)(i) through (b)(4)(iv)shall be met.

(i) Each owner or operator applyingfor permission shall be responsible forcollecting and verifying test data for analternative means of emissionlimitation.

(ii) For each kind of equipment forwhich permission is requested, theemission reduction achieved by thealternative means of emission limitationshall be demonstrated.

(iii) The Administrator will comparethe demonstrated emission reduction forthe alternative means of emissionlimitation to the demonstrated emissionreduction for the required workpractices.

(iv) The Administrator may conditionthe permission on requirements thatmay be necessary to ensure operationand maintenance to achieve the same orgreater emission reduction as therequired work practices of this subpart.

(5) An owner or operator may offer aunique approach to demonstrate thealternative means of emissionlimitation.

(6) If, in the judgement of theAdministrator, an alternative means ofemission limitation will be approved,the Administrator will publish a noticeof the determination in the FederalRegister.

(7)(i) Manufacturers of equipmentused to control equipment leaks of aregulated material may apply to theAdministrator for permission for analternative means of emission limitationthat achieves a reduction in emissionsof the regulated material achieved bythe equipment, design, and operationalrequirements of this subpart.

(ii) The Administrator will grantpermission according to the provisionsof paragraphs (b)(3), (b)(4), (b)(5) and(b)(6) of this section.

§ 63.1003 Equipment identification.

(a) General equipment identification.Equipment subject to this subpart shallbe identified. Identification of theequipment does not require physicaltagging of the equipment. For example,the equipment may be identified on aplant site plan, in log entries, bydesignation of process unit or affectedfacility boundaries by some form ofweatherproof identification, or by otherappropriate methods.

(b) Additional equipmentidentification. In addition to the generalidentification required by paragraph (a)of this section, equipment subject to anyof the provisions in §§ 63.1006 to63.1015 shall be specifically identifiedas required in paragraphs (b)(1) through(b)(5) of this section, as applicable.

(1) Connectors. Except forinaccessible, ceramic, or ceramic-linedconnectors meeting the provisions of§ 63.1008(d)(2) and instrumentationsystems identified pursuant toparagraph (b)(4) of this section, identifythe connectors subject to therequirements of this subpart. Connectorsneed not be individually identified if allconnectors in a designated area orlength of pipe subject to the provisionsof this subpart are identified as a group,and the number of connectors subject isindicated.

(2) Routed to a process or fuel gassystem or equipped with a closed ventsystem and control device. Identify theequipment that the owner or operatorelects to route to a process or fuel gassystem or equip with a closed ventsystem and control device, under theprovisions of § 63.1007(e)(3) (pumps inlight liquid service), § 63.1009(e)(3)(agitators in gas and vapor service andin light liquid service), § 63.1011(d)(pressure relief devices in gas and vaporservice), § 63.1012(e) (compressors), or§ 63.1016 (alternative means of emissionlimitation for enclosed vented processunits) of this subpart.

(3) Pressure relief devices. Identify thepressure relief devices equipped withrupture disks, under the provisions of§ 63.1011(e) of this subpart.

(4) Instrumentation systems. Identifyinstrumentation systems subject to theprovisions of § 63.1010 of this subpart.Individual components in aninstrumentation system need not beidentified.

(5) Equipment in service less than 300hours per calendar year. The identity,either by list, location (area or group), orother method, of equipment in regulatedmaterial service less than 300 hours percalendar year within a process unit oraffected facilities subject to theprovisions of this subpart shall berecorded.

(c) Special equipment designations:Equipment that is unsafe or difficult-to-monitor. (1) Designation and criteria forunsafe-to-monitor. Valves meeting theprovisions of § 63.1006(e)(1), pumpsmeeting the provisions of§ 63.1007(e)(5), connectors meeting theprovisions of § 63.1008(d)(1), andagitators meeting the provisions of§ 63.1009(e)(7) may be designatedunsafe-to-monitor if the owner oroperator determines that monitoringpersonnel would be exposed to animmediate danger as a consequence ofcomplying with the monitoringrequirements of this subpart. Examplesof an unsafe-to-monitor equipmentinclude, but is not limited to, equipmentunder extreme pressure or heat.



(2) Designation and criteria fordifficult-to-monitor. Valves meeting theprovisions of § 63.1006(e)(2) of thissubpart may be designated difficult-to-monitor if the provisions of paragraph(c)(2)(i) of this section apply. Agitatorsmeeting the provisions of § 63.1009(f)(5)may be designated difficult-to-monitor ifthe provisions of paragraph (c)(2)(ii)apply.

(i) Valves. (A) The owner or operatorof the valve determines that theequipment cannot be monitored withoutelevating the monitoring personnelmore than 2 meters (7 feet) above asupport surface or it is not accessible ina safe manner when it is in regulatedmaterial service.

(B) The process unit or affectedfacility within which the valve islocated is an existing source, or theowner or operator designates less than3 percent of the total number of valvesin a new source as difficult-to-monitor.

(ii) Agitators. The owner or operatordetermines that the agitator cannot bemonitored without elevating themonitoring personnel more than 2meters (7 feet) above a support surfaceor it is not accessible in a safe mannerwhen it is in regulated material service.

(3) [Reserved](4) Identification of unsafe or

difficult-to-monitor equipment. Theowner or operator shall record theidentity of equipment designated asunsafe-to-monitor according to theprovisions of paragraph (c)(1) of thissection and the planned schedule formonitoring this equipment. The owneror operator shall record the identity ofequipment designated as difficult-to-monitor according to the provisions ofparagraph (c)(2) of this section, theplanned schedule for monitoring thisequipment, and an explanation why theequipment is difficult-to-monitor. Thisrecord must be kept at the plant and beavailable for review by an inspector.

(5) Written plan requirements. (i) Theowner or operator of equipmentdesignated as unsafe-to-monitor exceptconnectors meeting the provisions of§ 63.1008(d)(1) according to theprovisions of paragraph (c)(1)(i) of thissection shall have a written plan thatrequires monitoring of the equipment asfrequently as practical during safe-to-monitor times, but not more frequentlythan the periodic monitoring scheduleotherwise applicable, and repair of theequipment according to the proceduresin § 63.1005 if a leak is detected.

(ii) The owner or operator ofequipment designated as difficult-to-monitor according to the provisions ofparagraph (c)(2) of this section shallhave a written plan that requiresmonitoring of the equipment at least

once per calendar year, and repair of theequipment according to the proceduresin § 63.1005 if a leak is detected.

(d) Special equipment designations:Unsafe-to-repair. (1) Designation andcriteria. Connectors subject to theprovisions of § 63.1005(e) may beconsidered unsafe-to-repair if the owneror operator determines that repairpersonnel would be exposed to animmediate danger as a consequence ofcomplying with the repair requirementsof this subpart, and if the connector willbe repaired before the end of the nextprocess unit or affected facilityshutdown as specified in § 63.1005(e) ofthis subpart.

(2) Identification of equipment. Theidentity of connectors designated asunsafe-to-repair and an explanation whythe connector is unsafe-to-repair shallbe recorded.

(e) Special equipment designations:Equipment operating with no detectableemissions. (1) Designation and criteria.Equipment may be designated as havingno detectable emissions if it has noexternal actuating mechanism in contactwith the process fluid, and is operatedwith emissions less than 500 parts permillion above background asdetermined by the method specified in§§ 63.1004(b) and (c).

(2) Identification of equipment. Theidentity of equipment designated as nodetectable emissions shall be recorded.

(3) Identification of compressorsoperating under no detectableemissions. Identify the compressors thatthe owner or operator elects to designateas operating with an instrument readingof less than 500 parts per million abovebackground, under the provisions of§ 63.1012(f).

§ 63.1004 Instrument and sensorymonitoring for leaks.

(a) Monitoring for leaks. The owner oroperator of a regulated source subject tothis subpart shall monitor all regulatedequipment as specified in paragraph(a)(1) of this section for instrumentmonitoring and paragraph (a)(2) of thissection for sensory monitoring.

(1) Instrument monitoring for leaks. (i)Valves in gas and vapor service and inlight liquid service shall be monitoredpursuant to § 63.1006(b).

(ii) Pumps in light liquid service shallbe monitored pursuant to § 63.1007(b).

(iii) Connectors in gas and vaporservice and in light liquid service shallbe monitored pursuant to § 63.1008(b).

(iv) Agitators in gas and vapor serviceand in light liquid service shall bemonitored pursuant to § 63.1009(b).

(v) Pressure relief devices in gas andvapor service shall be monitoredpursuant to § 63.1011(c).

(vi) Compressors designated tooperate with an instrument reading lessthan 500 parts per million as describedin § 63.1003(e), shall be monitoredpursuant to § 63.1012(f).

(2) Sensory monitoring for leaks. (i)Pumps in light liquid service shall beobserved pursuant to § 63.1007(b)(3)and (e)(1)(v).

(ii) [Reserved](iii) Agitators in gas and vapor service

and in light liquid service shall beobserved pursuant to § 63.1009(b)(3) or(e)(1)(iv).

(iv) [Reserved](b) Instrument monitoring methods.

Instrument monitoring, as requiredunder this subpart, shall comply withthe requirements specified inparagraphs (b)(1) through (b)(6) of thissection.

(1) Monitoring method. Monitoringshall comply with Method 21 of 40 CFRpart 60, appendix A.

(2) Detection instrument performancecriteria. (i) Except as provided for inparagraph (b)(2)(ii) of this section, thedetection instrument shall meet theperformance criteria of Method 21 of 40CFR part 60, appendix A, except theinstrument response factor criteria insection 3.1.2(a) of Method 21 shall befor the representative composition of theprocess fluid, and not for eachindividual HAP, VOC or other regulatedmaterial individual chemical compoundin the stream. For process streams thatcontain nitrogen, air, water, or otherinerts that are not regulated materials,the representative stream responsefactor shall be calculated on an inert-free basis. The response factor may bedetermined at any concentration forwhich monitoring for leaks will beconducted.

(ii) If there is no instrumentcommercially available that will meetthe performance criteria specified inparagraph (b)(2)(i) of this section, theinstrument readings may be adjusted bymultiplying by the representativeresponse factor of the process fluid,calculated on an inert-free basis asdescribed in paragraph (b)(2)(i) of thissection.

(3) Detection instrument calibrationprocedure. The detection instrumentshall be calibrated before use on eachday of its use by the proceduresspecified in Method 21 of 40 CFR part60, appendix A.

(4) Detection instrument calibrationgas. Calibration gases shall be zero air(less than 10 parts per million ofhydrocarbon in air); and a mixture ofmethane in air at a concentration ofapproximately, but less than, 10,000parts per million; or a mixture of n-hexane in air at a concentration of



approximately, but less than, 10,000parts per million. A calibration gas otherthan methane in air or n-hexane in airmay be used if the instrument does notrespond to methane or n-hexane or ifthe instrument does not meet theperformance criteria specified inparagraph (b)(2)(i) of this section. Insuch cases, the calibration gas may be amixture of one or more compounds tobe measured in air.

(5) Monitoring performance.Monitoring shall be performed when theequipment is in regulated materialservice or is in use with any otherdetectable material.

(6) Monitoring data. Monitoring dataobtained prior to the regulated sourcebecoming subject to the referencingsubpart that do not meet the criteriaspecified in paragraphs (b)(1) through(b)(5) of this section may still be usedto initially qualify for less frequentmonitoring under the provisions in§ 63.1006(a)(2), (b)(3) or (b)(4) for valvesprovided the departures from thecriteria specified or from the specifiedmonitoring frequency of § 63.1006(b)(3)are minor and do not significantly affectthe quality of the data. Examples ofminor departures are monitoring at aslightly different frequency (such asevery six weeks instead of monthly orquarterly), following the performancecriteria of section 3.1.2(a) of Method 21of Appendix A of 40 CFR part 60instead of paragraph (b)(2) of thissection, or monitoring at a different leakdefinition if the data would indicate thepresence or absence of a leak at theconcentration specified in thereferencing subpart. Failure to use acalibrated instrument is not considereda minor departure.

(c) Instrument monitoring usingbackground adjustments. The owner oroperator may elect to adjust or not toadjust the instrument readings forbackground. If an owner or operatorelects not to adjust instrument readingsfor background, the owner or operatorshall monitor the equipment accordingto the procedures specified inparagraphs (b)(1) through (b)(4) of thissection. In such case, all instrumentreadings shall be compared directly tothe applicable leak definition for themonitored equipment to determinewhether there is a leak or to determinecompliance with § 63.1011(b) (pressurerelief devices in gas and vapor service)or § 63.1012(f) (compressors). If anowner or operator elects to adjustinstrument readings for background, theowner or operator shall monitor theequipment according to the proceduresspecified in paragraphs (c)(1) through(c)(4) of this section.

(1) The requirements of paragraphs(b)(1) through (b)(4) of this section shallapply.

(2) The background level shall bedetermined, using the procedures inMethod 21 of 40 CFR part 60, appendixA.

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

(4) The arithmetic difference betweenthe maximum concentration indicatedby the instrument and the backgroundlevel shall be compared to theapplicable leak definitions for themonitored equipment to determinewhether there is a leak or to determinecompliance with § 63.1011(b) (pressurerelief devices in gas and vapor service)or § 63.1012(f) (compressors).

(d) Sensory monitoring methods.Sensory monitoring, as required underthis subpart, shall consist of detection ofa potential leak to the atmosphere byvisual, audible, olfactory, or any otherdetection method.

(e) Leaking equipment identificationand records. (1) When each leak isdetected pursuant to the monitoringspecified in paragraph (a) of thissection, a weatherproof and readilyvisible identification, marked with theequipment identification, shall beattached to the leaking equipment.

(2) When each leak is detected, theinformation specified in § 63.1005(e)shall be recorded and kept pursuant tothe referencing subpart.

§ 63.1005 Leak repair.(a) Leak repair schedule. The owner

or operator shall repair each leakdetected no later than 15 calendar daysafter it is detected, except as providedin paragraphs (c) and (d) of this section.A first attempt at repair shall be madeno later than 5 calendar days after theleak is detected. First attempt at repairfor pumps includes, but is not limitedto, tightening the packing gland nutsand/or ensuring that the seal flush isoperating at design pressure andtemperature. First attempt at repair forvalves includes, but is not limited to,tightening the bonnet bolts, and/orreplacing the bonnet bolts, and/ortightening the packing gland nuts, and/or injecting lubricant into the lubricatedpacking.

(b) Leak identification removal. (1)Valves in gas/vapor and light liquidservice. The leak identification on avalve in gas/vapor or light liquid servicemay be removed after it has beenmonitored as specified in § 63.1006(b),and no leak has been detected duringthat monitoring. The leak identification

on a connector in gas/vapor or lightliquid service may be removed after ithas been monitored as specified in§ 63.1008(b) and no leak has beendetected during that monitoring.

(2) Other equipment. Theidentification that has been placed,pursuant to § 63.1004(e), on equipmentdetermined to have a leak, except for avalve in gas/vapor or light liquidservice, may be removed after it isrepaired.

(c) Delay of repair. Delay of repair canbe used as specified in any ofparagraphs (c)(1) through (c)(5) of thissection. The owner or operator shallmaintain a record of the facts thatexplain any delay of repairs and, whereappropriate, why the repair wastechnically infeasible without a processunit shutdown.

(1) Delay of repair of equipment forwhich leaks have been detected isallowed if the repair is technicallyinfeasible without a process unit oraffected facility shutdown within 15days after a leak is detected. Repair ofthis equipment shall occur as soon aspractical, but not later than by the endof the next process unit or affectedfacility shutdown, except as provided inparagraph (c)(5) of this section.

(2) Delay of repair of equipment forwhich leaks have been detected isallowed for equipment that is isolatedfrom the process and that does notremain in regulated material service.

(3) Delay of repair for valves,connectors, and agitators is also allowedif the criteria specified in paragraphs(c)(3)(i) and (c)(3)(ii) are met.

(i) The owner or operator determinesthat emissions of purged materialresulting from immediate repair wouldbe greater than the fugitive emissionslikely to result from delay of repair, and

(ii) When repair procedures areeffected, the purged material is collectedand destroyed, or recovered in a controlor recovery device, or routed to a fuelgas system or process complying with§ 63.1015 or § 63.1002(b) of this part.

(4) Delay of repair for pumps isallowed if the criteria specified inparagraphs (c)(4)(i) and (c)(4)(ii) are met.

(i) Repair requires replacing theexisting seal design with a new systemthat the owner or operator hasdetermined will provide betterperformance or one of the specificationsof paragraphs (c)(4)(i)(A) through(c)(4)(i)(C) of this section are met.

(A) A dual mechanical seal systemthat meets the requirements of§ 63.1007(e)(1) will be installed,

(B) A pump that meets therequirements of § 63.1007(e)(2) will beinstalled; or



(C) A system that routes emissions toa process or a fuel gas system or a closedvent system and control device thatmeets the requirements of§ 63.1007(e)(3) will be installed.

(ii) Repair is to be completed as soonas practical, but not later than 6 monthsafter the leak was detected.

(5) Delay of repair beyond a processunit or affected facility shutdown willbe allowed for a valve if valve assemblyreplacement is necessary during theprocess unit or affected facilityshutdown, and valve assembly supplieshave been depleted, and valve assemblysupplies had been sufficiently stockedbefore the supplies were depleted. Delayof repair beyond the second process unitor affected facility shutdown will not beallowed unless the third process unit oraffected facility shutdown occurs soonerthan 6 months after the first process unitor affected facility shutdown.

(d) Unsafe-to-repair-connectors. Anyconnector that is designated, asdescribed in § 63.1003(d), as an unsafe-to-repair connector is exempt from therequirements of § 63.1008(b), andparagraph (a) of this section.

(e) Leak repair records. For each leakdetected, the information specified inparagraphs (e)(1) through (e)(5) of thissection shall be recorded andmaintained pursuant to the referencingsubpart.

(1) The date of first attempt to repairthe leak.

(2) The date of successful repair of theleak.

(3) Maximum instrument readingmeasured by Method 21 of 40 CFR part60, appendix A at the time the leak issuccessfully repaired or determined tobe nonrepairable.

(4) ‘‘Repair delayed’’ and the reasonfor the delay if a leak is not repairedwithin 15 calendar days after discoveryof the leak as specified in paragraphs(e)(4)(i) and (e)(4)(ii) of this section.

(i) The owner or operator maydevelop a written procedure thatidentifies the conditions that justify adelay of repair. The written proceduresmay be included as part of the startup,shutdown, and malfunction plan, asrequired by the referencing subpart forthe source, or may be part of a separatedocument that is maintained at theplant site. In such cases, reasons fordelay of repair may be documented byciting the relevant sections of thewritten procedure.

(ii) If delay of repair was caused bydepletion of stocked parts, there must bedocumentation that the spare parts weresufficiently stocked on site beforedepletion and the reason for depletion.

(5) Dates of process unit or affectedfacility shutdowns that occur while theequipment is unrepaired.

§ 63.1006 Valves in gas and vapor serviceand in light liquid service standards.

(a) Compliance schedule. (1) Theowner or operator shall comply withthis section no later than thecompliance dates specified in thereferencing subpart.

(2) The use of monitoring datagenerated before the regulated sourcebecame subject to the referencingsubpart to initially qualify for lessfrequent monitoring is governed by theprovisions of § 63.1004(b)(6).

(b) Leak detection. Unless otherwisespecified in § 63.1002(b), or § 63.1016,or in paragraph (e) of this section, or thereferencing subpart, the owner oroperator shall monitor all valves at theintervals specified in paragraphs (b)(3)through (b)(6) of this section and shallcomply with all other provisions of thissection.

(1) Monitoring method. The valvesshall be monitored to detect leaks by themethod specified in § 63.1004(b) and(c).

(2) Instrument reading that defines aleak. The instrument reading thatdefines a leak is 10,000 parts per millionor greater.

(3) Monitoring period. (i) Each valveshall be monitored monthly to detectleaks, except as provided in paragraphs(b)(3)(ii), (e)(1), (e)(2), and (e)(4) of thissection. An owner or operator mayotherwise elect to comply with one ofthe alternative standards in paragraphs(b)(5) or (b)(6) of this section asspecified in paragraph (b)(4) of thissection.

(ii)(A) Any valve for which a leak isnot detected for 2 successive monthsmay be monitored the same month (first,second, or third month) of every quarter,beginning with the next quarter, until aleak is detected. The first quarterlymonitoring shall occur less than 3months following the last monthlymonitoring.

(B) If a leak is detected, the valve shallbe monitored monthly until a leak is notdetected for 2 successive months.

(C) For purposes of paragraph (b) ofthis section, quarter means a 3-monthperiod with the first quarter concludingon the last day of the last full monthduring the 180 days following initialstartup.

(4) Allowance of alternativestandards. An owner or operator mayelect to comply with one of thealternatives specified in eitherparagraph (b)(5) or (b)(6) of this sectionif the percentage of valves leaking isequal to or less than 2.0 percent as

determined by the procedure inparagraph (c) of this section. An owneror operator must notify theAdministrator before implementing oneof the alternatives specified in eitherparagraph (b)(5) or (b)(6) of this section.

(5) Allowable percentage alternative.An owner or operator choosing tocomply with the allowable percentagealternative shall have an allowablepercentage of leakers no greater than 2.0percent for each affected facility orprocess unit and shall comply withparagraphs (b)(5)(i) and (b)(5)(ii) of thissection.

(i) A compliance demonstration foreach affected facility or process unit oraffected facility complying with thisalternative shall be conducted initiallyupon designation, annually, and at othertimes requested by the Administrator.For each such demonstration, all valvesin gas and vapor and light liquid servicewithin the affected facility or processunit shall be monitored within 1 weekby the methods specified in§ 63.1004(b). If an instrument readingexceeds the equipment leak levelspecified in the referencing subpart, aleak is detected. The leak percentageshall be calculated as specified inparagraph (c) of this section.

(ii) If an owner or operator decides nolonger to comply with this alternative,the owner or operator must notify theAdministrator in writing that the workpractice standard described inparagraph (b)(3) of this section will befollowed.

(6) Skip period alternatives. An owneror operator may elect to comply withone of the alternative work practicesspecified in paragraphs (b)(6)(i) or(b)(6)(ii) of this section. An owner oroperator electing to use one of theseskip period alternatives shall complywith paragraphs (b)(6)(iii) and (b)(6)(iv)of this section. Before using either skipperiod alternative, the owner or operatorshall initially comply with therequirements of paragraph (b)(3) of thissection. Monitoring data generatedbefore the regulated source becamesubject to the referencing subpart thatmeets the criteria of either§ 63.1004(b)(1) through (b)(5), or§ 63.1004(b)(6), may be used to initiallyqualify for skip period alternatives.

(i) After 2 consecutive quarterly leakdetection periods with the percent ofvalves leaking equal to or less than 2.0as determined by the procedure inparagraph (c) of this section, an owneror operator may begin to monitor forleaks once every 6 months.

(ii) After 5 consecutive quarterly leakdetection periods with the percent ofvalves leaking equal to or less than 2.0as determined by the procedure in



paragraph (c) of this section, an owneror operator may begin to monitor forleaks once every year.

(iii) If the percent of valves leaking isgreater than 2.0, the owner or operatorshall comply with paragraph (b)(3) ofthis section, but can elect to complywith paragraph (b)(6) of this section iffuture percent of valves leaking is againequal to or less than 2.0.

(iv) The owner or operator shall keepa record of the monitoring schedule andthe percent of valves found leakingduring each monitoring period.

(c) Percent leaking valvescalculation—calculation basis andprocedures. (1) The owner or operatorshall decide no later than thecompliance date of this subpart, or uponrevision of an operating permit whetherto calculate percent leaking valves on aprocess unit or group of process unitsbasis. Once the owner or operator hasdecided, all subsequent percentagecalculations shall be made on the samebasis and this shall be the basis used forcomparison with the subgroupingcriteria specified in paragraph (b)(5)(i)of this section.

(2) The percent of valves leaking shallbe determined by dividing the sum ofvalves found leaking during currentmonitoring and valves for which repairhas been delayed by the total number ofvalves subject to the requirements ofthis section.

(d) Leak repair. (1) If a leak isdetermined pursuant to paragraph (b),(e)(1), or (e)(2) of this section, then theleak shall be repaired using theprocedures in § 63.1005, as applicable.

(2) After a leak determined pursuantto paragraph (b) or (e)(2) of this sectionhas been repaired, the valve shall bemonitored at least once within the first3 months after its repair. Themonitoring required by this paragraph isin addition to the monitoring requiredto satisfy the definition of repair.

(i) The monitoring shall be conductedas specified in § 63.1004(b) and (c), asappropriate, to determine whether thevalve has resumed leaking.

(ii) Periodic monitoring required byparagraph (b) of this section may beused to satisfy the requirements of thisparagraph, if the timing of themonitoring period coincides with thetime specified in this paragraph.Alternatively, other monitoring may beperformed to satisfy the requirements ofthis paragraph, regardless of whetherthe timing of the monitoring period forperiodic monitoring coincides with thetime specified in this paragraph.

(iii) If a leak is detected by monitoringthat is conducted pursuant to paragraph(d)(2) of this section, the owner oroperator shall follow the provisions of

paragraphs (d)(2)(iii)(A) and(d)(2)(iii)(B) of this section, to determinewhether that valve must be counted asa leaking valve for purposes ofparagraph (c) of this section.

(A) If the owner or operator elected touse periodic monitoring required byparagraph (b) of this section to satisfythe requirements of paragraph (d)(2) ofthis section, then the valve shall becounted as a leaking valve.

(B) If the owner or operator elected touse other monitoring, prior to theperiodic monitoring required byparagraph (b) of this section, to satisfythe requirements of paragraph (d)(2) ofthis section, then the valve shall becounted as a leaking valve unless it isrepaired and shown by periodicmonitoring not to be leaking.

(e) Special provisions for valves. (1)Unsafe-to-monitor valves. Any valvethat is designated, as described in§ 63.1003(c)(1), as an unsafe-to-monitorvalve, is exempt from the monitoringrequirements of paragraph (b) of thissection, and the owner or operator shallmonitor the valve according to thewritten plan specified in § 63.1003(c)(5).

(2) Difficult-to-monitor. Any valvethat is designated, as described in§ 63.1003(c)(2), as a difficult-to-monitorvalve, is exempt from the requirementsof paragraph (b) of this section, and theowner or operator shall monitor thevalve according to the written planspecified in § 63.1003(c)(5).

(3) Less than 250 valves. Anyequipment located at a plant site withfewer than 250 valves in regulatedmaterial service is exempt from themonthly monitoring specified inparagraph (b)(3)(i) of this section.Instead, the owner or operator shallmonitor each valve in regulated materialservice for leaks once each quarter, orcomply with paragraphs (b)(3)(ii)(A),(b)(3)(ii)(B), or (b)(3)(ii)(C) of thissection except as provided inparagraphs (e)(1) and (e)(2) of thissection.

(4) No detectable emissions. (i) Anyvalve that is designated, as described in§ 63.1003(e), as having no detectableemissions is exempt from therequirements of paragraphs (b) through(c) of this section if the owner oroperator meets the criteria specified inparagraphs (e)(4)(i)(A) and (e)(4)(i)(B) ofthis section.

(A) Tests the valve for operation withemissions less than 500 parts permillion above background asdetermined by the method specified in§ 63.1004(c) initially upon designation,annually, and at other times requestedby the Administrator, and

(B) Records the dates of eachcompliance demonstration, the

background level measured during eachcompliance test, and the maximuminstrument reading measured at theequipment during each compliance test.

(ii) A valve may not be designated oroperated for no detectable emissions, asdescribed in § 63.1003(e), if the valvehas an instrument reading greater than500 parts per million above background.

§ 63.1007 Pumps in light liquid servicestandards.

(a) Compliance schedule. The owneror operator shall comply with thissection no later than the compliancedate specified in the referencingsubpart.

(b) Leak detection. Unless otherwisespecified in § 63.1002(b), or § 63.1016 ofthis subpart or paragraph (e) of thissection, the owner or operator shallmonitor each pump monthly to detectleaks and shall comply with all otherprovisions of this section.

(1) Monitoring method. The pumpsshall be monitored to detect leaks by themethod specified in § 63.1004(b) of thissubpart.

(2) Instrument reading that defines aleak. The instrument reading thatdefines a leak is 10,000 parts permillion.

(3) Visual inspection. Each pumpshall be checked by visual inspectioneach calendar week for indications ofliquids dripping from the pump seal.The owner or operator shall documentthat the inspection was conducted andthe date of the inspection. If there areindications of liquids dripping from thepump seal, a leak is detected. Unless theowner or operator demonstrates (e.g.,through instrument monitoring) that theindications of liquids dripping are dueto a condition other than process fluiddrips, the leak shall be repairedaccording to the procedures ofparagraph (b)(4) of this section.

(4) Visual inspection: Leak repair.Where a leak is identified by visualindications of liquids dripping, repairshall mean that the visual indications ofliquids dripping have been eliminated.

(c) Percent leaking pumps calculation.(1) The owner or operator shall decideno later than the compliance date of thispart or upon revision of an operatingpermit whether to calculate percentleaking pumps on a process unit basisor group of process units basis. Once theowner or operator has decided, allsubsequent percentage calculationsshall be made on the same basis.

(2) The number of pumps at a processunit shall be the sum of all the pumpsin regulated material service, except thatpumps found leaking in a continuousprocess unit or within 1 month afterstartup of the pump shall not count in



the percent leaking pumps calculationfor that one monitoring period only.

(3) Percent leaking pumps shall bedetermined by the following equation:

% / [ .P P P P P EqL L S T S= −( ) −( )( ) ×100 1]

Where:%PL = Percent leaking pumpsPL = Number of pumps found leaking as

determined through monthlymonitoring as required in paragraph(b) of this section. Do not includeresults from inspection of unsafe-to-monitor pumps pursuant toparagraph (e)(6) of this section.

PT = Total pumps in regulated materialservice, including those meeting thecriteria in paragraphs (e)(1), (e)(2),(e)(3), and (e)(6) of this section.

PS = Number of pumps leaking within1 month of start-up during thecurrent monitoring period.

(d) Leak repair. If a leak is detectedpursuant to paragraph (b) of this section,then the leak shall be repaired using theprocedures in § 63.1005, as applicable,unless otherwise specified in paragraph(b)(4) of this section for leaks identifiedby visual indications of liquidsdripping.

(e) Special provisions for pumps. (1)Dual mechanical seal pumps. Eachpump equipped with a dual mechanicalseal system that includes a barrier fluidsystem is exempt from the requirementsof paragraph (b) of this section,provided the requirements specified inparagraphs (e)(1)(i) through (e)(1)(viii) ofthis section are met.

(i) The owner or operator determines,based on design considerations andoperating experience, criteria applicableto the presence and frequency of dripsand to the sensor that indicates failureof the seal system, the barrier fluidsystem, or both. The owner or operatorshall keep records at the plant of thedesign criteria and an explanation of thedesign criteria, and any changes to thesecriteria and the reasons for the changes.This record must be available for reviewby an inspector.

(ii) Each dual mechanical seal systemshall meet the requirements specified inparagraphs (e)(1)(ii)(A) through(e)(1)(ii)(C) of this section.

(A) Each dual mechanical seal systemis operated with the barrier fluid at apressure that is at all times (exceptperiods of startup, shutdown, ormalfunction) greater than the pumpstuffing box pressure; or

(B) Equipped with a barrier fluiddegassing reservoir that is routed to aprocess or fuel gas system or connectedby a closed vent system to a controldevice that complies with the

requirements of subpart SS of this part;or

(C) Equipped with a closed-loopsystem that purges the barrier fluid intoa process stream.

(iii) The barrier fluid is not in lightliquid service.

(iv) Each barrier fluid system isequipped with a sensor that will detectfailure of the seal system, the barrierfluid system, or both.

(v) Each pump is checked by visualinspection each calendar week forindications of liquids dripping from thepump seal. The owner or operator shalldocument that the inspection wasconducted and the date of theinspection. If there are indications ofliquids dripping from the pump seal atthe time of the weekly inspection, theowner or operator shall follow theprocedure specified in either paragraph(e)(1)(v)(A) or (e)(1)(v)(B) of this sectionprior to the next required inspection.

(A) The owner or operator shallmonitor the pump as specified in§ 63.1004(b) to determine if there is aleak of regulated material in the barrierfluid; if an instrument reading of 10,000parts per million or greater is measured,a leak is detected and shall be repairedusing the procedures in § 63.1005; or

(B) The owner or operator shalleliminate the visual indications ofliquids dripping.

(vi) If indications of liquids drippingfrom the pump seal exceed the criteriaestablished in paragraph (e)(1)(i) of thissection, or if based on the criteriaestablished in paragraph (e)(1)(i) of thissection the sensor indicates failure ofthe seal system, the barrier fluid system,or both, a leak is detected.

(vii) Each sensor as described inparagraph (e)(1)(iv) of this section isobserved daily or is equipped with analarm unless the pump is located withinthe boundary of an unmanned plantsite.

(viii) When a leak is detectedpursuant to paragraph (e)(1)(vi) of thissection, it shall be repaired as specifiedin § 63.1005.

(2) No external shaft. Any pump thatis designed with no externally actuatedshaft penetrating the pump housing isexempt from the requirements ofparagraph (b) of this section.

(3) Routed to a process or fuel gassystem or equipped with a closed ventsystem. Any pump that is routed to a

process or a fuel gas system or equippedwith a closed vent system that capturesand transports leakage from the pump toa control device meeting therequirements of § 63.1015 is exemptfrom requirements of paragraph (b) ofthis section.

(4) Unmanned plant site. Any pumpthat is located within the boundary ofan unmanned plant site is exempt fromthe weekly visual inspectionrequirement of paragraphs (b)(3), and(e)(1)(v) of this section, and the dailyrequirements of paragraph (e)(1)(vii) ofthis section, provided that each pump isvisually inspected as often as practicaland at least monthly.

(5) Unsafe-to-monitor pumps. Anypump that is designated, as described in§ 63.1003(c)(1), as an unsafe-to-monitorpump is exempt from the requirementsof paragraph (b) of this section and therequirements of § 63.1005 and theowner or operator shall monitor thepump according to the written planspecified in § 63.1003(c)(5).

§ 63.1008 Connectors in gas and vaporservice and in light liquid servicestandards.

(a) Compliance schedule. The owneror operator shall comply with thissection no later than the compliancedates specified in the referencingsubpart.

(b) Leak detection. Unless otherwisespecified in § 63.1002(b), or § 63.1016 ofthis subpart, or the referencing subpart,the owner or operator shall monitor allconnectors within 5 days by the methodspecified in § 63.1004(b) if evidence ofa potential leak is found by visual,audible, olfactory, or any otherdetection method. No monitoring isrequired if the evidence of a potentialleak is eliminated within 5 days. If aninstrument reading of 10,000 parts permillion or greater is measured, a leak isdetected.

(c) Leak repair. If a leak is detectedpursuant to paragraph (b) of this section,then the leak shall be repaired using theprocedures in § 63.1005, as applicable.

(d) Special provisions for connectors.(1) Unsafe-to-monitor connectors. Anyconnector that is designated, asdescribed in § 63.1003(c)(1), as anunsafe-to-monitor connector is exemptfrom the requirements of paragraph (b)of this section and the owner or operatorshall monitor according to the writtenplan specified in § 63.1003(c)(5).



(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any connector thatis inaccessible or that is ceramic orceramic-lined (e.g., porcelain, glass, orglass-lined), is exempt from themonitoring requirements of paragraph(b) of this section, the leak repairrequirements of paragraph (c) of thissection, and the recordkeeping andreporting requirements of § 63.1017 and§ 63.1018. An inaccessible connector isa connector that meets any of theprovisions specified in paragraphs(d)(2)(i)(A) through (d)(2)(i)(F) of thissection, as applicable.

(A) Buried;(B) Insulated in a manner that

prevents access to the connector by amonitor probe;

(C) Obstructed by equipment orpiping that prevents access to theconnector by a monitor probe; or

(D) Unable to be reached from awheeled scissor-lift or hydraulic-typescaffold that would allow access toconnectors up to 7.6 meters (25 feet)above the ground.

(E) Inaccessible because it wouldrequire elevating the monitoringpersonnel more than 2 meters (7 feet)above a permanent support surface orwould require the erection of scaffold;

(F) Not able to be accessed at any timein a safe manner to perform monitoring.Unsafe access includes, but is notlimited to, the use of a wheeled scissor-lift on unstable or uneven terrain, theuse of a motorized man-lift basket inareas where an ignition potential exists,or access would require near proximityto hazards such as electrical lines, orwould risk damage to equipment.

(ii) If any inaccessible ceramic orceramic-lined connector is noted tohave a leak by visual, audible, olfactory,or other means, the leak to theatmosphere shall be eliminated as soonas practical.

§ 63.1009 Agitators in gas and vaporservice and in light liquid servicestandards.


(b) Leak detection. (1) Monitoringmethod. Each agitator seal shall bemonitored monthly to detect leaks bythe methods specified in § 63.1004(b), or§ 63.1016, except as provided in§ 63.1002(b) or in paragraph (e) of thissection.

(2) Instrument reading that defines aleak. If an instrument readingequivalent of 10,000 parts per million orgreater is measured, a leak is detected.

(3) Visual inspection. Each agitatorseal shall be checked by visual

inspection each calendar week forindications of liquids dripping from theagitator seal. The owner or operatorshall document that the inspection wasconducted and the date of theinspection. If there are indications ofliquids dripping from the agitator seal,the owner or operator shall follow theprocedures specified in paragraphs(b)(3)(i) and (b)(3)(ii) of this sectionprior to the next required inspection.

(i) The owner or operator shallmonitor the agitator seal as specified in§ 63.1004(b) to determine if there is aleak of regulated material. If aninstrument reading of 10,000 parts permillion or greater is measured, a leak isdetected, and it shall be repaired usingthe procedures in paragraph (d) of thissection;

(ii) The owner or operator shalleliminate the indications of liquidsdripping from the agitator seal.

(c) [Reserved](d) Leak repair. If a leak is detected,

then the leak shall be repaired using theprocedures in § 63.1005, as applicable.

(e) Special provisions for agitators. (1)Dual mechanical seal. Each agitatorequipped with a dual mechanical sealsystem that includes a barrier fluidsystem is exempt from the requirementsof paragraph (b) of this section,provided the requirements specified inparagraphs (e)(1)(i) through (e)(1)(vi) ofthis section are met.

(i) Each dual mechanical seal systemshall meet the applicable requirementspecified in paragraphs (e)(1)(i)(A),(e)(1)(i)(B), or (e)(1)(i)(C) of this section.

(A) Operated with the barrier fluid ata pressure that is at all times (exceptduring periods of startup, shutdown, ormalfunction) greater than the agitatorstuffing box pressure; or

(B) Equipped with a barrier fluiddegassing reservoir that is routed to aprocess or fuel gas system or connectedby a closed vent system to a controldevice that meets the requirements of§ 63.1015; or


(ii) The barrier fluid is not in lightliquid service.

(iii) Each barrier fluid system isequipped with a sensor that will detectfailure of the seal system, the barrierfluid system, or both.

(iv) Each agitator seal is checked byvisual inspection each calendar weekfor indications of liquids dripping fromthe agitator seal. If there are indicationsof liquids dripping from the agitator sealat the time of the weekly inspection, theowner or operator shall follow theprocedure specified in either paragraph(e)(1)(iv)(A) or (e)(1)(iv)(B) of this

section prior to the next requiredinspection.

(A) The owner or operator shallmonitor the agitator seal shall asspecified in § 63.1004(b) to determinethe presence of regulated material in thebarrier fluid. If an instrument reading of10,000 parts per million or greater ismeasured, a leak is detected and it shallbe repaired using the procedures in§ 63.1005; or


(v) Each sensor as described inparagraph (e)(1)(iii) of this section isobserved daily or is equipped with analarm unless the agitator seal is locatedwithin the boundary of an unmannedplant site.

(vi) The owner or operator of eachdual mechanical seal system shall meetthe requirements specified inparagraphs (e)(1)(vi)(A) through(e)(1)(vi)(D).

(A) The owner or operator shalldetermine, based on designconsiderations and operatingexperience, criteria applicable to thepresence and frequency of drips and tothe sensor that indicates failure of theseal system, the barrier fluid system, orboth.

(B) The owner or operator shall keeprecords of the design criteria and anexplanation of the design criteria; andany changes to these criteria and thereasons for the changes.

(C) If indications of liquids drippingfrom the agitator seal exceed the criteriaestablished in paragraphs (e)(1)(vi)(A)and (e)(1)(vi)(B) of this section, or if,based on the criteria established inparagraphs (e)(1)(vi)(A) and (e)(1)(vi)(B)of this section, the sensor indicatesfailure of the seal system, the barrierfluid system, or both, a leak is detected.

(D) When a leak is detected, it shallbe repaired using the procedures in§ 63.1005.

(2) No external shaft. Any agitatorthat is designed with no externallyactuated shaft penetrating the agitatorhousing is exempt from therequirements of paragraph (b) of thissection.

(3) Routed to a process or fuel gassystem or equipped with a closed ventsystem. Any agitator that is routed to aprocess or fuel gas system or equippedwith a closed vent system that capturesand transports leakage from the agitatorto a control device meeting therequirements of § 63.1015 is exemptfrom the monitoring requirements ofparagraph (b) of this section.

(4) Unmanned plant site. Any agitatorthat is located within the boundary ofan unmanned plant site is exempt from



the weekly visual inspectionrequirement of paragraphs (b)(3) and(e)(1)(iv) of this section, and the dailyrequirements of paragraph (e)(1)(v) ofthis section, provided that each agitatoris visually inspected as often aspractical and at least monthly.

(5) Difficult-to-monitor agitator seals.Any agitator seal that is designated, asdescribed in § 63.1003(c)(2), as adifficult-to-monitor agitator seal isexempt from the requirements ofparagraph (b) of this section and theowner or operator shall monitor theagitator seal according to the writtenplan specified in § 63.1003(c)(5).

(6) Equipment obstructions. Anyagitator seal that is obstructed byequipment or piping that preventsaccess to the agitator by a monitor probeis exempt from the monitoringrequirements of paragraph (b) of thissection.

(7) Unsafe-to-monitor agitator seals.Any agitator seal that is designated, asdescribed in § 63.1003(c)(1), as anunsafe-to-monitor agitator seal isexempt from the requirements ofparagraph (b) of this section and theowner or operator of the agitator sealmonitors the agitator seal according tothe written plan specified in§ 63.1003(c)(5).

§ 63.1010 Pumps, valves, connectors, andagitators in heavy liquid service; pressurerelief devices in liquid service; andinstrumentation systems standards.


(b) Leak detection. (1) Monitoringmethod. Unless otherwise specified in§ 63.1002(b), or § 63.1016, the owner oroperator shall comply with paragraphs(b)(1) and (b)(2) of this section. Pumps,valves, connectors, and agitators inheavy liquid service; pressure reliefdevices in light liquid or heavy liquidservice; and instrumentation systemsshall be monitored within 5 calendardays by the method specified in§ 63.1004(b) if evidence of a potentialleak to the atmosphere is found byvisual, audible, olfactory, or any otherdetection method. If such a potentialleak is repaired as required in paragraph(c) of this section, it is not necessary tomonitor the system for leaks by themethod specified in § 63.1004(b).

(2) Instrument reading that defines aleak. For systems monitored by themethod specified in § 63.1004(b), if aninstrument reading of 10,000 parts permillion or greater is measured, a leak isdetected. If a leak is detected, it shall be

identified pursuant to § 63.1004(e) andrepaired pursuant to § 63.1005.

(c) Leak repair. If a leak is determinedpursuant to this section, then the leakshall be repaired using the proceduresin § 63.1005, as applicable. Forequipment identified in paragraph (b) ofthis section that is not monitored by themethod specified in § 63.1004(b),repaired shall mean that the visual,audible, olfactory, or other indicationsof a leak to the atmosphere have beeneliminated; that no bubbles are observedat potential leak sites during a leakcheck using soap solution; or that thesystem will hold a test pressure.

§ 63.1011 Pressure relief devices in gasand vapor service standards.


(b) Compliance standard. Exceptduring pressure releases as provided forin paragraph (c) of this section, eachpressure relief device in gas or vaporservice shall be operated with aninstrument reading of less than 500parts per million as measured by themethod specified in § 63.1004(c).

(c) Pressure relief requirements. (1)After each pressure release, the pressurerelief device shall be returned to acondition indicated by an instrumentreading of less than 500 parts permillion, as soon as practical, but no laterthan 5 calendar days after each pressurerelease, except as provided in paragraph(d) of this section.

(2) The pressure relief device shall bemonitored no later than five calendardays after the pressure release and beingreturned to regulated material service toconfirm the condition indicated by aninstrument reading of less than 500parts per million, as measured by themethod specified in § 63.1004(c).

(3) The owner or operator shall recordthe dates and results of the monitoringrequired by paragraph (c)(2) of thissection following a pressure releaseincluding maximum instrument readingmeasured during the monitoring and thebackground level measured if theinstrument reading is adjusted forbackground.

(d) Pressure relief devices routed to aprocess or fuel gas system or equippedwith a closed vent system and controldevice. Any pressure relief device thatis routed to a process or fuel gas systemor equipped with a closed vent systemthat captures and transports leakagefrom the pressure relief device to acontrol device meeting the requirementsof § 63.1015 is exempt from the

requirements of paragraphs (b) and (c) ofthis section.

(e) Rupture disk exemption. Anypressure relief device that is equippedwith a rupture disk upstream of thepressure relief device is exempt fromthe requirements of paragraphs (b) and(c) of this section provided the owner oroperator installs a replacement rupturedisk upstream of the pressure reliefdevice as soon as practical after eachpressure release, but no later than 5calendar days after each pressurerelease, except as provided in§ 63.1005(d).

§ 63.1012 Compressor standards.(a) Compliance schedule. The owner

or operator shall comply with thissection no later than the compliancedates specified in the referencingsubpart.

(b) Seal system standard. Eachcompressor shall be equipped with aseal system that includes a barrier fluidsystem and that prevents leakage ofprocess fluid to the atmosphere, exceptas provided in § 63.1002(b) andparagraphs (e) and (f) of this section.Each compressor seal system shall meetthe requirements specified inparagraphs (b)(1), (b)(2), or (b)(3) of thissection.

(1) Operated with the barrier fluid ata pressure that is greater than thecompressor stuffing box pressure at alltimes (except during periods of startup,shutdown, or malfunction); or

(2) Equipped with a barrier fluidsystem degassing reservoir that is routedto a process or fuel gas system orconnected by a closed-vent system to acontrol device that meets therequirements of § 63.1015; or

(3) Equipped with a closed-loopsystem that purges the barrier fluiddirectly into a process stream.

(c) Barrier fluid system. The barrierfluid shall not be in light liquid service.Each barrier fluid system shall beequipped with a sensor that will detectfailure of the seal system, barrier fluidsystem, or both. Each sensor shall beobserved daily or shall be equippedwith an alarm unless the compressor islocated within the boundary of anunmanned plant site.

(d) Failure criterion and leakdetection. (1) The owner or operatorshall determine, based on designconsiderations and operatingexperience, a criterion that indicatesfailure of the seal system, the barrierfluid system, or both. If the sensorindicates failure of the seal system, thebarrier fluid system, or both based onthe criterion, a leak is detected and shallbe repaired pursuant to § 63.1005, asapplicable.



(2) The owner or operator shall keeprecords of the design criteria and anexplanation of the design criteria; andany changes to these criteria and thereasons for the changes.

(e) Routed to a process or fuel gassystem or equipped with a closed ventsystem and control device. Acompressor is exempt from therequirements of paragraphs (b) through(d) of this section if it is equipped witha system to capture and transportleakage from the compressor drive shaftseal to a process or a fuel gas system orto a closed vent system that capturesand transports leakage from thecompressor to a control device meetingthe requirements of § 63.1015.

(f) Alternative compressor standard.(1) Any compressor that is designated asdescribed in § 63.1003(e)(e) as operatingwith no detectable emissions shalloperate at all times with an instrumentreading of less than 500 parts permillion. A compressor so designated isexempt from the requirements ofparagraphs (b) through (d) of thissection if the compressor isdemonstrated initially upondesignation, annually, and at othertimes requested by the Administrator tobe operating with an instrument readingof less than 500 parts per million asmeasured by the method specified in§ 63.1004(c). A compressor may not bedesignated or operated having aninstrument reading of less than 500parts per million as described in§ 63.1003(e) if the compressor has amaximum instrument reading greaterthan 500 parts per million.

(2) The owner or operator shall recordthe dates and results of each compliancetest including the background levelmeasured and the maximum instrumentreading measured during eachcompliance test.

(g) Reciprocating compressorexemption. Any existing reciprocatingcompressor in a process unit or affectedfacility that becomes an affected facilityunder provisions of 40 CFR 60.14 or60.15 is exempt from paragraphs (b), (c),and (d) of this section provided theowner or operator demonstrates thatrecasting the distance piece or replacingthe compressor are the only optionsavailable to bring the compressor intocompliance with the provisions of theabove exempted paragraphs of thissection.

§ 63.1013 Sampling connection systemsstandards.


(b) Equipment requirement. Eachsampling connection system shall beequipped with a closed purge, closedloop, or closed vent system, except asprovided in paragraph (d) of thissection. Gases displaced during fillingof the sample container are not requiredto be collected or captured.

(c) Equipment design and operation.Each closed-purge, closed-loop, orclosed vent system except as providedin paragraph (d) of this section shallmeet the applicable requirementsspecified in paragraphs (c)(1) through(c)(5) of this section.

(1) The system shall return the purgedprocess fluid directly to a process lineor fuel gas system meeting thecompliance determinations in§§ 63.1015 or 63.1002(b) as appropriate;or

(2) Collect and recycle the purgedprocess fluid to a process; or

(3) Be designed and operated tocapture and transport all the purgedprocess fluid to a control device thatmeets the requirements of § 63.1015; or

(4) Collect, store, and transport thepurged process fluid to a system orfacility identified in paragraph (c)(4)(i),(c)(4)(ii), or (c)(4)(iii) of this section.

(i) A waste management unit asdefined in 40 CFR 63.111 or 40 CFR part63, subpart G, if the waste managementunit is complying with the provisions of40 CFR part 63, subpart G, applicable togroup 1 wastewater streams. If thepurged process fluid does not containany organic HAP listed in table 9 of 40CFR part 63, subpart G, the wastemanagement unit need not be subject to,and operated in compliance with therequirements of 40 CFR part 63, subpartG, applicable to subject wastewatersteams provided the facility has aNational Pollution DischargeElimination System (NPDES) permit orsends the wastewater to an NPDES-permitted facility.

(ii) A treatment, storage, or disposalfacility subject to regulation under 40CFR part 262, 264, 265, or 266; or

(iii) A facility permitted, licensed, orregistered by a State to managemunicipal or industrial solid waste, ifthe process fluids are not hazardouswaste as defined in 40 CFR part 261.

(5) Containers that are part of aclosed-purge system must be covered orclosed when not being filled or emptied.

(d) In-situ sampling systems. In-situsampling systems and sampling systemswithout purges are exempt from therequirements of paragraphs (b) and (c) ofthis section.

§ 63.1014 Open-ended valves or linesstandards.


(b) Equipment and operationalrequirements.

(1) Each open-ended valve or lineshall be equipped with a cap, blindflange, plug, or a second valve, exceptas provided in § 63.1002(b) andparagraphs (c) and (d) of this section.The cap, blind flange, plug, or secondvalve shall seal the open end at all timesexcept during operations requiringprocess fluid flow through the open-ended valve or line, or duringmaintenance. The operationalprovisions of paragraphs (b)(2) and(b)(3) of this section also apply.

(2) Each open-ended valve or lineequipped with a second valve shall beoperated in a manner such that thevalve on the process fluid end is closedbefore the second valve is closed.

(3) When a double block and bleedsystem is being used, the bleed valve orline may remain open during operationsthat require venting the line between theblock valves but shall comply withparagraph (b)(1) of this section at allother times.

(c) Emergency shutdown exemption.Open-ended valves or lines in anemergency shutdown system that aredesigned to open automatically in theevent of a process upset are exemptfrom the requirements of paragraph (b)of this section.

(d) Polymerizing materials exemption.Open-ended valves or lines containingmaterials that would autocatalyticallypolymerize or, would present anexplosion, serious over pressure, orother safety hazard if capped orequipped with a double block and bleedsystem as specified in paragraph (b) ofthis section are exempt from therequirements of paragraph (b) of thissection.

§ 63.1015 Closed vent systems and controldevices; or emissions routed to a fuel gassystem or process.


(b) Compliance standard. (1) Ownersor operators of closed vent systems andnonflare control devices used to complywith provisions of this subpart shalldesign and operate the closed ventsystem and nonflare control devices toreduce emissions of regulated materialwith an efficiency of 95 percent or



greater or to reduce emissions ofregulated material to a concentration of20 parts per million by volume or, foran enclosed combustion device, toprovide a minimum of 760° C (1400° F).Owners and operators of closed ventsystems and nonflare control devicesused to comply with this subpart shallcomply with the provisions of subpartSS of this part, except as provided in§ 63.1002(b).

(2) Owners or operators of closed ventsystems and flares used to comply withthe provisions of this subpart shalldesign and operate the flare as specifiedin subpart SS of this part, except asprovided in § 63.1002(b).

(3) Owners or operators routingemissions from equipment leaks to afuel gas system or process shall complywith the provisions of subpart SS of thispart, except as provided in § 63.1002(b).

§ 63.1016 Alternative means of emissionlimitation: Enclosed-vented process units.

(a) Use of closed vent system andcontrol device. Process units of affectedfacilities or portions of process units ofaffected facilities enclosed in such amanner that all emissions fromequipment leaks are routed to a processor fuel gas system or collected andvented through a closed vent system toa control device meeting therequirements of either § 63.1015 or§ 63.1002(b) are exempt from therequirements of §§ 63.1006 through63.1014. The enclosure shall bemaintained under a negative pressure atall times while the process unit oraffected facility is in operation to ensurethat all emissions are routed to a controldevice.

(b) Recordkeeping. Owners andoperators choosing to comply with therequirements of this section shallmaintain the records specified inparagraphs (b)(1) through (b)(3) of thissection.

(1) Identification of the process unit(s)or affected facilities and the regulatedmaterials they handle.

(2) A schematic of the process unit oraffected facility, enclosure, and closedvent system.

(3) A description of the system usedto create a negative pressure in theenclosure to ensure that all emissionsare routed to the control device.

§ 63.1017 Recordkeeping requirements.(a) Recordkeeping system. An owner

or operator of more than one regulatedsource subject to the provisions of thissubpart may comply with therecordkeeping requirements for theseregulated sources in one recordkeepingsystem. The recordkeeping system shallidentify each record by regulated source

and the type of program beingimplemented (e.g., quarterlymonitoring) for each type of equipment.The records required by this subpart aresummarized in paragraphs (b) and (c) ofthis section.

(b) General equipment leak records.(1) As specified in § 63.1003(a) through(d), the owner or operator shall keepgeneral and specific equipmentidentification if the equipment is notphysically tagged and the owner oroperator is electing to identify theequipment subject to this subpartthrough written documentation such asa log or other designation.

(2) The owner or operator shall keepa written plan as specified in§ 63.1003(c)(5) for any equipment that isdesignated as unsafe or difficult-to-monitor.

(3) The owner or operator shallmaintain the identity and anexplanation as specified in§ 63.1003(d)(1) for any equipment that isdesignated as unsafe-to-repair.

(4) As specified in § 63.1003(e), theowner or operator shall maintain theidentity of compressors operating withan instrument reading of less than 500parts per million.

(5) The owner or operator shall keeprecords for leaking equipment asspecified in § 63.1004(e).

(6) The owner or operator shall keeprecords for delay of repair as specifiedin § 63.1005(c) and records for leakrepair as specified in § 63.1005(e).

(c) Specific equipment leak records.(1) For valves, the owner or operatorshall maintain the monitoring schedulefor each process unit as specified in§ 63.1006(b), and the records specifiedin § 63.1006(e)(4)(i)(B).

(2) For pumps, the owner or operatorshall maintain the records specified inparagraphs (c)(2)(i) through (c)(2)(iii) ofthis section.

(i) Documentation of pump visualinspections as specified in§ 63.1007(b)(4).

(ii) Documentation of dualmechanical seal pump visualinspections as specified in§ 63.1007(e)(1)(v).

(iii) For the criteria as to the presenceand frequency of drips for dualmechanical seal pumps, records of thedesign criteria and explanations and anychanges and the reason for the changes,as specified in § 63.1007(e)(1)(i).

(3) [Reserved](4) For agitators, the owner or

operator shall maintain recordsspecified in paragraphs (c)(4)(i) and(c)(4)(ii) of this section.

(i) Documentation of the agitator sealvisual inspections as specified in§ 63.1009(b)(3).

(ii) Documentation of the designcriteria and explanations and anychanges and the reason for the changes,as specified in § 63.1009(e)(1)(vi)(A).

(5) For pressure relief devices in gasand vapor or light liquid service, theowner or operator shall keep records ofthe dates and results of monitoringfollowing a pressure release, asspecified in § 63.1011(c)(3).

(6) For compressors, the owner oroperator shall maintain the recordsspecified in paragraphs (c)(6)(i) and(c)(6)(ii) of this section.

(i) For criteria as to failure of the sealsystem and/or the barrier fluid system,record the design criteria andexplanations and any changes and thereason for the changes, as specified in§ 63.1012(d)(2).

(ii) For compressors operating underthe alternative compressor standard,record the dates and results of eachcompliance test as specified in§ 63.1012(f)(2).

(7) For process units complying withthe enclosed-vented process unitalternative, the owner or operator shallmaintain the records for enclosed-vented process units as specified in§ 63.1016(b).

§ 63.1018 Reporting requirements.(a) Periodic Reports. The owner or

operator shall report the informationspecified in paragraphs (a)(1) through(a)(2) of this section, as applicable, inthe periodic report specified in thereferencing subpart.

(1) The initial Periodic Report shallinclude the information specified inparagraphs (a)(1)(i) through (a)(1)(iv)and (a)(2) of this section.

(i) Process unit or affected facilityidentification.

(ii) Number of valves subject to therequirements of § 63.1006, excludingthose valves designated for nodetectable emissions under theprovisions of § 63.1006(e)(4).

(iii) Number of pumps subject to therequirements of § 63.1007, excludingthose pumps designated for nodetectable emissions under theprovisions of § 63.1007(e)(2) and thosepumps complying with the closed ventsystem provisions of § 63.1007(e)(3).

(iv) Number of compressors subject tothe requirements of § 63.1012, excludingthose compressors designated for nodetectable emissions under theprovisions of § 63.1012(f) and thosecompressors complying with the closedvent system provisions of § 63.1012(e).

(2) Each periodic report shall containthe information listed in paragraphs(a)(2)(i) through (a)(2)(iv) of this section,as applicable.

(i) Process unit identification.



(ii) For each month during thesemiannual reporting period,

(A) Number of valves for which leakswere detected as described in§ 63.1006(b),

(B) Number of valves for which leakswere not repaired as required in§ 63.1006(d),

(C) Number of pumps for which leakswere detected as described in§ 63.1007(b) and § 63.1007(e)(1)(vi),

(D) Number of pumps for which leakswere not repaired as required in§§ 63.1007(d) and (e)(5),

(E) Number of compressors for whichleaks were detected as described in§ 63.1012(d)(1),

(F) Number of compressors for whichleaks were not repaired as required in§ 63.1012(d)(1), and

(G) The facts that explain each delayof repair and, where appropriate, whythe repair was technically infeasiblewithout a process unit or affectedfacility shutdown.

(iii) Dates of process unit or affectedfacility shutdowns which occurredwithin the periodic report reportingperiod.

(iv) Revisions to items reportedaccording to paragraph (a)(1) of thissection if changes have occurred sincethe initial report or subsequent revisionsto the initial report.

(b) Special notifications. An owner oroperator electing to comply with eitherof the alternatives in § 63.1006(b)(5) or(6) shall notify the Administrator of thealternative standard selected beforeimplementing either of the provisions.

4. Part 63 is amended by addingsubpart UU as follows:

Subpart UU—National Emission Standardsfor Equipment Leaks—Control Level 2Standards

Sec.63.1019 Applicability.63.1020 Definitions.63.1021 Alternative means of emission

limitation.63.1022 Equipment identification.63.1023 Instrument and sensory monitoring

for leaks.63.1024 Leak repair.63.1025 Valves in gas and vapor service and

in light liquid service standards.63.1026 Pumps in light liquid service

standards.63.1027 Connectors in gas and vapor

service and in light liquid servicestandards.

63.1028 Agitators in gas and vapor serviceand in light liquid service standards.

63.1029 Pumps, valves, connectors, andagitators in heavy liquid service;pressure relief devices in liquid service;and instrumentation systems standards.

63.1030 Pressure relief devices in gas andvapor service standards.

63.1031 Compressors standards.

63.1032 Sampling connection systemsstandards.

63.1033 Open-ended valves or linesstandards.

63.1034 Closed vent systems and controldevices; or emissions routed to a fuel gassystem or process standards.

63.1035 Quality improvement program forpumps.

63.1036 Alternative means of emissionlimitation: Batch processes.

63.1037 Alternative means of emissionlimitation: Enclosed vented process unitsor affected facilities.

63.1038 Recordkeeping requirements.63.1039 Reporting requirements.Table 1 to Subpart UU—Batch Processes

Monitoring Frequency for EquipmentOther Than Connectors

Subpart UU—National EmissionStandards for Equipment Leaks—Control Level 2 Standards

§ 63.1019 Applicability.(a) The provisions of this subpart

apply to the control of air emissionsfrom equipment leaks for which anothersubpart references the use of thissubpart for such air emission control.These air emission standards forequipment leaks are placed here foradministrative convenience and onlyapply to those owners and operators offacilities subject to a referencingsubpart. The provisions of 40 CFR part63, subpart A (General Provisions) donot apply to this subpart except as notedin the referencing subpart.

(b) Equipment subject to this subpart.The provisions of this subpart and thereferencing subpart apply to equipmentthat contains or contacts regulatedmaterial. This subpart applies to pumps,compressors, agitators, pressure reliefdevices, sampling connection systems,open-ended valves or lines, valves,connectors, instrumentation systems,and closed vent systems and controldevices used to meet the requirementsof this subpart.

(c) Equipment in vacuum service.Equipment in vacuum service isexcluded from the requirements of thissubpart.

(d) Equipment in service less than 300hours per calendar year. Equipmentintended to be in regulated materialservice less than 300 hours per calendaryear is excluded from the requirementsof §§ 63.1025 through 63.1034 and§ 63.1036 if it is identified as requiredin § 63.1022(b)(5).

(e) Lines and equipment notcontaining process fluids. Lines andequipment not containing process fluidsare not subject to the provisions of thissubpart. Utilities, and other non-processlines, such as heating and coolingsystems that do not combine theirmaterials with those in the processes

they serve, are not considered to be partof a process unit or affected facility.

§ 63.1020 Definitions.All terms used in this part shall have

the meaning given them in the Act andin this section.

Batch process means a process inwhich the equipment is fedintermittently or discontinuously.Processing then occurs in thisequipment after which the equipment isgenerally emptied. Examples ofindustries that use batch processesinclude pharmaceutical production andpesticide production.

Batch product-process equipmenttrain means the collection of equipment(e.g., connectors, reactors, valves,pumps, etc.) configured to produce aspecific product or intermediate by abatch process.

Car-seal means a seal that is placed ona device that is used to change theposition of a valve (e.g., from opened toclosed) in such a way that the positionof the valve cannot be changed withoutbreaking the seal.

Closed-loop system means anenclosed system that returns processfluid to the process and is not venteddirectly to the atmosphere.

Closed-purge system means a systemor combination of systems and portablecontainers to capture purged liquids.Containers must be covered or closedwhen not being filled or emptied.

Closed-vent system means a systemthat is not open to the atmosphere andis composed of piping, ductwork,connections, and, if necessary, flowinducing devices that transport gas orvapor from an emission point to acontrol device.


Connector means flanged, screwed, orother joined fittings used to connect twopipelines or a pipeline and a piece ofequipment. A common connector is aflange. Joined fittings weldedcompletely around the circumference ofthe interface are not consideredconnectors for the purpose of thisregulation. For the purpose of reportingand recordkeeping, connector meansjoined fittings that are not inaccessible,ceramic, or ceramic-lined (e.g.,porcelain, glass, or glass-lined) asdescribed in § 63.1027(e)(2).

Continuous parameter monitoringsystem (CPMS) means the totalequipment that may be required to meetthe data acquisition and availabilityrequirements of this part, used tosample, condition (if applicable),



analyze, and provide a record of processor control system parameters.

Control device means any combustiondevice, recovery device, recapturedevice, or any combination of thesedevices used to comply with this part.Such equipment or devices include, butare not limited to, absorbers, carbonadsorbers, condensers, incinerators,flares, boilers, and process heaters.Primary condensers on steam strippersor fuel gas systems are not consideredcontrol devices.

Distance piece means an open orenclosed casing through which thepiston rod travels, separating thecompressor cylinder from the crankcase.

Double block and bleed system meanstwo block valves connected in serieswith a bleed valve or line that can ventthe line between the two block valves.

Equipment means each pump,compressor, agitator, pressure reliefdevice, sampling connection system,open-ended valve or line, valve,connector, and instrumentation systemin regulated material service; and anycontrol devices or systems used tocomply with this subpart.

First attempt at repair, for thepurposes of this subpart, means to takeaction for the purpose of stopping orreducing leakage of organic material tothe atmosphere, followed by monitoringas specified in §§ 63.1023(b) and (c) ofthis subpart in to verify whether theleak is repaired, unless the owner oroperator determines by other means thatthe leak is not repaired.


Fuel gas system means the offsite andonsite piping and flow and pressurecontrol system that gathers gaseousstream(s) generated by onsiteoperations, may blend them with othersources of gas, and transports thegaseous stream for use a fuel gas incombustion equipment, such asfurnaces and gas turbines, either singlyor in combination.

In food and medical service meansthat a piece of equipment in regulatedmaterial service contacts a processstream used to manufacture a Food andDrug Administration regulated productwhere leakage of a barrier fluid into theprocess stream would cause any of thefollowing:

(1) A dilution of product quality sothat the product would not meet writtenspecifications,

(2) An exothermic reaction which is asafety hazard,

(3) The intended reaction to beslowed down or stopped, or

(4) An undesired side reaction tooccur.

In gas and vapor service means thata piece of equipment in regulatedmaterial service contains a gas or vaporat operating conditions.

In heavy liquid service means that apiece of equipment in regulated materialservice is not in gas and vapor serviceor in light liquid service.

In light liquid service means that apiece of equipment in regulated materialservice contains a liquid that meets thefollowing conditions:

(1) The vapor pressure of one or moreof the organic compounds is greaterthan 0.3 kilopascals at 20° C,

(2) The total concentration of the pureorganic compounds constituents havinga vapor pressure greater than 0.3kilopascals at 20° C is equal to or greaterthan 20 percent by weight of the totalprocess stream, and

(3) The fluid is a liquid at operatingconditions.(Note to definition of ‘‘in light liquidservice’’: Vapor pressures may be determinedby standard reference texts or ASTM D–2879.)

In liquid service means that a piece ofequipment in regulated material serviceis not in gas and vapor service.

In organic hazardous air pollutant orin organic HAP service means that pieceof equipment either contains orcontracts a fluid (liquid or gas) that isat least 5 percent by weight of totalorganic HAP’s as determined accordingto the provisions of § 63.180(d) ofsubpart H. The provisions of § 63.180(d)of subpart H also specify how todetermine that a piece of equipment isnot in organic HAP service.

In regulated material service means,for the purposes of this subpart,equipment which meets the definitionof ‘‘in VOC service,’’ ‘‘in VHAPservice,’’ ‘‘in organic hazardous airpollutant service,’’ or ‘‘in’’ otherchemicals or groups of chemicals‘‘service’’ as defined in the referencingsubpart.

In-situ sampling systems meansnonextractive samplers or in-linesamplers.


Initial startup means for new sources,the first time the source beginsproduction. For additions or changesnot defined as a new source by thissubpart, initial startup means the firsttime additional or changed equipment isput into operation. Initial startup doesnot include operation solely for testingof equipment. Initial startup does notinclude subsequent startup of processunits following malfunction or process

unit shutdowns. Except for equipmentleaks, initial startup also does notinclude subsequent startups (of processunits following changes in product forflexible operation units or followingrecharging of equipment in batch unitoperations).

Instrumentation system means agroup of equipment components used tocondition and convey a sample of theprocess fluid to analyzers andinstruments for the purpose ofdetermining process operatingconditions (e.g., composition, pressure,flow, etc.). Valves and connectors arethe predominant type of equipmentused in instrumentation systems;however, other types of equipment mayalso be included in these systems. Onlyvalves nominally 1.27 centimeters (0.5inches) and smaller, and connectorsnominally 1.91 centimeters (0.75inches) and smaller in diameter areconsidered instrumentation systems forthe purposes of this subpart. Valvesgreater than nominally 1.27 centimeters(0.5 inches) and connectors greater thannominally 1.91 centimeters (0.75inches) associated with instrumentationsystems are not considered part ofinstrumentation systems and must bemonitored individually.

Liquids dripping means any visibleleakage from the seal includingdripping, spraying, misting, clouding,and ice formation. Indications of liquidsdripping include puddling or new stainsthat are indicative of an existingevaporated drip.

Nonrepairable means that it istechnically infeasible to repair a piece ofequipment from which a leak has beendetected without a process unit oraffected facility shutdown.

Open-ended valve or line means anyvalve, except relief valves, having oneside of the valve seat in contact withprocess fluid and one side open toatmosphere, either directly or throughopen piping.

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

Polymerizing monomer means acompound which may form polymerbuildup in pump mechanical sealsresulting in rapid mechanical sealfailure.





Process unit means the equipmentspecified in the definitions of processunit in the applicable referencingsubpart. If the referencing subpart doesnot define process unit, then for thepurposes of this part, process unitmeans the equipment assembled andconnected by pipes or ducts to processraw materials and to manufacture anintended product.

Process unit shutdown means a workpractice or operational procedure thatstops production from a process unit, orpart of a process unit during which it istechnically feasible to clear processmaterial from a process unit, or part ofa process unit, consistent with safetyconstraints and during which repairscan be affected. The following are notconsidered process unit shutdowns:

(1) An unscheduled work practice oroperations procedure that stopsproduction from a process unit, or partof a process unit, for less than 24 hours.

(2) An unscheduled work practice oroperations procedure that would stopproduction from a process unit, or partof a process unit, for a shorter period oftime than would be required to clear theprocess unit, or part of the process unit,of materials and start up the unit, andwould result in greater emissions thandelay of repair of leaking componentsuntil the next scheduled process unitshutdown.


Referencing subpart means thesubpart that refers an owner or operatorto this subpart.

Regulated material, for purposes ofthis part, refers to gas from volatileorganic liquids (VOL), volatile organiccompounds (VOC), hazardous airpollutants (HAP), or other chemicals orgroups of chemicals that are regulatedby the referencing subpart.

Regulated source for the purposes ofthis part, means the stationary source,the group of stationary sources, or theportion of a stationary source that isregulated by a referencing subpart.

Relief device or valve means a valveused only to release an unplanned,nonroutine discharge. A relief valvedischarge can result from an operator

error, a malfunction such as a powerfailure or equipment failure, or otherunexpected cause that requiresimmediate venting of gas from processequipment in order to avoid safetyhazards or equipment damage.

Repaired, for the purposes of thissubpart, means that equipment isadjusted, or otherwise altered, toeliminate a leak as defined in theapplicable sections of this subpart andunless otherwise specified in applicableprovisions of this subpart, is monitoredas specified in §§ 63.1023(b) and (c) toverify that emissions from theequipment are below the applicable leakdefinition.

Routed to a process or route to aprocess means the emissions areconveyed to any enclosed portion of aprocess unit where the emissions arepredominantly recycled and/orconsumed in the same manner as amaterial that fulfills the same functionin the process and/or transformed bychemical reaction into materials that arenot regulated materials and/orincorporated into a product; and/orrecovered.


Screwed (threaded) connector meansa threaded pipe fitting where thethreads are cut on the pipe wall and thefitting requires only two pieces to makethe connection (i.e., the pipe and thefitting).


Set pressure means for the purposesof this subpart, the pressure at which aproperly operating pressure relief devicebegins to open to relieve atypicalprocess system operating pressure.

Start-up means the setting intooperation of a piece of equipment or acontrol device that is subject to thissubpart.

§ 63.1021 Alternative means of emissionlimitation.

(a) Performance standard exemption.The provisions of paragraph (b) of thissection do not apply to the performancestandards of § 63.1030(b) for pressurerelief devices or § 63.1031(f) forcompressors operating under thealternative compressor standard.

(b) Requests by owners or operators.An owner or operator may request a

determination of alternative means ofemission limitation to the requirementsof §§ 63.1025 through 63.1034 asprovided in paragraph (d) of thissection. If the Administrator makes adetermination that a means of emissionlimitation is a permissible alternative,the owner or operator shall eithercomply with the alternative or complywith the requirements of §§ 63.1025through 63.1034.

(c) Requests by manufacturers ofequipment. (1) Manufacturers ofequipment used to control equipmentleaks of the regulated material mayapply to the Administrator forpermission for an alternative means ofemission limitation that achieves areduction in emissions of the regulatedmaterial achieved by the equipment,design, and operational requirements ofthis subpart.

(2) The Administrator will grantpermission according to the provisionsof paragraph (d) of this section.

(d) Permission to use an alternativemeans of emission limitation.Permission to use an alternative meansof emission limitation shall be governedby the procedures in paragraphs (d)(1)through (d)(4) of this section.

(1) Where the standard is anequipment, design, or operationalrequirement, the requirements ofparagraphs (d)(1)(i) through (d)(1)(iii) ofthis section apply.

(i) Each owner or operator applyingfor permission to use an alternativemeans of emission limitation shall beresponsible for collecting and verifyingemission performance test data for analternative means of emissionlimitation.

(ii) The Administrator will comparetest data for the means of emissionlimitation to test data for the equipment,design, and operational requirements.

(iii) The Administrator may conditionthe permission on requirements thatmay be necessary to ensure operationand maintenance to achieve at least thesame emission reduction as theequipment, design, and operationalrequirements of this subpart.

(2) Where the standard is a workpractice, the requirements of paragraphs(d)(2)(i) through (d)(2)(vi) of this sectionapply.

(i) Each owner or operator applyingfor permission to use an alternativemeans of emission limitation shall beresponsible for collecting and verifyingtest data for the alternative.

(ii) For each kind of equipment forwhich permission is requested, theemission reduction achieved by therequired work practices shall bedemonstrated for a minimum period of12 months.



(iii) For each kind of equipment forwhich permission is requested, theemission reduction achieved by thealternative means of emission limitationshall be demonstrated.

(iv) Each owner or operator applyingfor such permission shall commit, inwriting, for each kind of equipment towork practices that provide for emissionreductions equal to or greater than theemission reductions achieved by therequired work practices.

(v) The Administrator will comparethe demonstrated emission reduction forthe alternative means of emissionlimitation to the demonstrated emissionreduction for the required workpractices and will consider thecommitment in paragraph (d)(2)(iv) ofthis section.

(vi) The Administrator may conditionthe permission on requirements thatmay be necessary to ensure operationand maintenance to achieve the same orgreater emission reduction as therequired work practices of this subpart.

(3) An owner or operator may offer aunique approach to demonstrate thealternative means of emissionlimitation.

(4) If, in the judgement of theAdministrator, an alternative means ofemission limitation will be approved,the Administrator will publish a noticeof the determination in the FederalRegister using the procedures specifiedin the referencing subpart.

§ 63.1022 Equipment identification.(a) General equipment identification.

Equipment subject to this subpart shallbe identified. Identification of theequipment does not require physicaltagging of the equipment. For example,the equipment may be identified on aplant site plan, in log entries, bydesignation of process unit or affectedfacility boundaries by some form ofweatherproof identification, or by otherappropriate methods.

(b) Additional equipmentidentification. In addition to the generalidentification required by paragraph (a)of this section, equipment subject to anyof the provisions in §§ 63.1023 through63.1034 shall be specifically identifiedas required in paragraphs (b)(1) through(b)(5) of this section, as applicable. Thisparagraph does not apply to an owneror operator of a batch product processwho elects to pressure test the batchproduct process equipment trainpursuant to § 63.1036.

(1) Connectors. Except forinaccessible, ceramic, or ceramic-linedconnectors meeting the provision of§ 63.1027(e)(2) and instrumentationsystems identified pursuant toparagraph (b)(4) of this section, identify

the connectors subject to therequirements of this subpart. Connectorsneed not be individually identified if allconnectors in a designated area orlength of pipe subject to the provisionsof this subpart are identified as a group,and the number of connectors subject isindicated. With respect to connectors,the identification shall be complete nolater than the completion of the initialsurvey required by paragraph (a) of thissection.

(2) Routed to a process or fuel gassystem or equipped with a closed ventsystem and control device. Identify theequipment that the owner or operatorelects to route to a process or fuel gassystem or equip with a closed ventsystem and control device, under theprovisions of § 63.1026(e)(3) (pumps inlight liquid service), § 63.1028(e)(3)(agitators), § 63.1030(d) (pressure reliefdevices in gas and vapor service),§ 63.1031(e) (compressors), or§ 63.1037(a) (alternative means ofemission limitation for enclosed-ventedprocess units).

(3) Pressure relief devices. Identify thepressure relief devices equipped withrupture disks, under the provisions of§ 63.1030(e).

(4) Instrumentation systems. Identifyinstrumentation systems subject to theprovisions of § 63.1029 of this subpart.Individual components in aninstrumentation system need not beidentified.

(5) Equipment in service less than 300hours per calendar year. The identity,either by list, location (area or group), orother method, of equipment in regulatedmaterial service less than 300 hours percalendar year within a process unit oraffected facilities subject to theprovisions of this subpart shall berecorded.

(c) Special equipment designations:Equipment that is unsafe or difficult-to-monitor. (1) Designation and criteria forunsafe-to-monitor. Valves meeting theprovisions of § 63.1025(e)(1), pumpsmeeting the provisions of§ 63.1026(e)(6), connectors meeting theprovisions of § 63.1027(e)(1), andagitators meeting the provisions of§ 63.1028(e)(7) may be designatedunsafe-to-monitor if the owner oroperator determines that monitoringpersonnel would be exposed to animmediate danger as a consequence ofcomplying with the monitoringrequirements of this subpart. Examplesof unsafe-to-monitor equipment include,but is not limited to, equipment underextreme pressure or heat.

(2) Designation and criteria fordifficult-to-monitor. Valves meeting theprovisions of § 63.1025(e)(2) may bedesignated difficult-to-monitor if the

provisions of paragraph (c)(2)(i) apply.Agitators meeting the provisions of§ 63.1028(e)(5) may be designateddifficult-to-monitor if the provisions ofparagraph (c)(2)(ii) apply.

(i) Valves. (A) The owner or operatorof the valve determines that the valvecannot be monitored without elevatingthe monitoring personnel more than 2meters (7 feet) above a support surfaceor it is not accessible in a safe mannerwhen it is in regulated material service;and

(B) The process unit or affectedfacility within which the valve islocated is an existing source, or theowner or operator designates less than3 percent of the total number of valvesin a new source as difficult-to-monitor.

(ii) Agitators. The owner or operatordetermines that the agitator cannot bemonitored without elevating themonitoring personnel more than 2meters (7 feet) above a support surfaceor it is not accessible in a safe mannerwhen it is in regulated material service.

(3) Identification of unsafe ordifficult-to-monitor equipment. Theowner or operator shall record theidentity of equipment designated asunsafe-to-monitor according to theprovisions of paragraph (c)(1) of thissection and the planned schedule formonitoring this equipment. The owneror operator shall record the identity ofequipment designated as difficult-to-monitor according to the provisions ofparagraph (c)(2) of this section, theplanned schedule for monitoring thisequipment, and an explanation why theequipment is unsafe or difficult-to-monitor. This record must be kept at theplant and be available for review by aninspector.

(4) Written plan requirements. (i) Theowner or operator of equipmentdesignated as unsafe-to-monitoraccording to the provisions of paragraph(c)(1) of this section shall have a writtenplan that requires monitoring of theequipment as frequently as practicalduring safe-to-monitor times, but notmore frequently than the periodicmonitoring schedule otherwiseapplicable, and repair of the equipmentaccording to the procedures in § 63.1024if a leak is detected.

(ii) The owner or operator ofequipment designated as difficult-to-monitor according to the provisions ofparagraph (c)(2) of this section shallhave a written plan that requiresmonitoring of the equipment at leastonce per calendar year and repair of theequipment according to the proceduresin § 63.1024 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 § 63.1024(e)may be designated unsafe-to-repair ifthe owner or operator determines thatrepair personnel would be exposed toan immediate danger as a consequenceof complying with the repairrequirements of this subpart, and if theconnector will be repaired before theend of the next process unit or affectedfacility shutdown as specified in§ 63.1024(e)(2).

(2) Identification of equipment. Theidentity of connectors designated asunsafe-to-repair and an explanation whythe connector is unsafe-to-repair shallbe recorded.

(e) Special equipment designations:Compressors operating with aninstrument reading of less than 500parts per million above background.Identify the compressors that the owneror operator elects to designate asoperating with an instrument reading ofless than 500 parts per million abovebackground, under the provisions of§ 63.1031(f).

(f) Special equipment designations:Equipment in heavy liquid service. Theowner or operator of equipment inheavy liquid service shall comply withthe requirements of either paragraph(f)(1) or (f)(2) of this section, as providedin paragraph (f)(3) of this section.

(1) Retain information, data, andanalyses used to determine that a pieceof equipment is in heavy liquid service.

(2) When requested by theAdministrator, demonstrate that thepiece of equipment or process is inheavy liquid service.

(3) A determination or demonstrationthat a piece of equipment or process isin heavy liquid service shall include ananalysis or demonstration that theprocess fluids do not meet the definitionof ‘‘in light liquid service.’’ Examples ofinformation that could document thisinclude, but are not limited to, recordsof chemicals purchased for the process,analyses of process stream composition,engineering calculations, or processknowledge.

§ 63.1023 Instrument and sensorymonitoring for leaks.

(a) Monitoring for leaks. The owner oroperator of a regulated source subject tothis subpart shall monitor regulatedequipment as specified in paragraph(a)(1) of this section for instrumentmonitoring and paragraph (a)(2) of thissection for sensory monitoring.

(1) Instrument monitoring for leaks. (i)Valves in gas and vapor service and inlight liquid service shall be monitoredpursuant to § 63.1025(b).

(ii) Pumps in light liquid service shallbe monitored pursuant to § 63.1026(b).

(iii) Connectors in gas and vaporservice and in light liquid service shallbe monitored pursuant to § 63.1027(b).

(iv) Agitators in gas and vapor serviceand in light liquid service shall bemonitored pursuant to § 63.1028(c).

(v) Pressure relief devices in gas andvapor service shall be monitoredpursuant to § 63.1030(c).

(vi) Compressors designated tooperate with an instrument reading lessthan 500 parts per million abovebackground, as described in§ 63.1022(e), shall be monitoredpursuant to § 63.1031(f).

(2) Sensory monitoring for leaks. (i)Pumps in light liquid service shall beobserved pursuant to §§ 63.1026(b)(4)and (e)(1)(v).

(ii) [Reserved].(iii) Agitators in gas and vapor service

and in light liquid service shall beobserved pursuant to § 63.1028(c)(3) or(e)(1)(iv).

(iv) [Reserved].(b) Instrument monitoring methods.

Instrument monitoring, as requiredunder this subpart, shall comply withthe requirements specified inparagraphs (b)(1) through (b)(6) of thissection.

(1) Monitoring method. Monitoringshall comply with Method 21 of 40 CFRpart 60, appendix A, except asotherwise provided in this section.

(2) Detection instrument performancecriteria. (i) Except as provided for inparagraph (b)(2)(ii) of this section, thedetection instrument shall meet theperformance criteria of Method 21 of 40CFR part 60, appendix A, except theinstrument response factor criteria insection 3.1.2, paragraph (a) of Method21 shall be for the representativecomposition of the process fluid noteach individual VOC in the stream. Forprocess streams that contain nitrogen,air, water or other inerts that are notHAP or VOC, the representative streamresponse factor shall be determined onan inert-free basis. The response factormay be determined at any concentrationfor which monitoring for leaks will beconducted.

(ii) If there is no instrumentcommercially available that will meetthe performance criteria specified inparagraph (b)(2)(i) of this section, theinstrument readings may be adjusted bymultiplying by the representativeresponse factor of the process fluid,calculated on an inert-free basis asdescribed in paragraph (b)(2)(i) of thissection.

(3) Detection instrument calibrationprocedure. The detection instrumentshall be calibrated before use on eachday of its use by the procedures

specified in Method 21 of 40 CFR part60, appendix A.

(4) Detection instrument calibrationgas. Calibration gases shall be zero air(less than 10 parts per million ofhydrocarbon in air); and the gasesspecified in paragraph (b)(4)(i) of thissection except as provided in paragraph(b)(4)(ii) of this section.

(i) Mixtures of methane in air at aconcentration no more than 2,000 partsper million greater than the leakdefinition concentration of theequipment monitored. If the monitoringinstrument’s design allows for multiplecalibration scales, then the lower scaleshall be calibrated with a calibration gasthat is no higher than 2,000 parts permillion above the concentrationspecified as a leak, and the highest scaleshall be calibrated with a calibration gasthat is approximately equal to 10,000parts per million. If only one scale onan instrument will be used duringmonitoring, the owner or operator neednot calibrate the scales that will not beused during that day’s monitoring.

(ii) A calibration gas other thanmethane in air may be used if theinstrument does not respond to methaneor if the instrument does not meet theperformance criteria specified inparagraph (b)(2)(i) of this section. Insuch cases, the calibration gas may be amixture of one or more of thecompounds to be measured in air.

(5) Monitoring performance.Monitoring shall be performed when theequipment is in regulated materialservice or is in use with any otherdetectable material.

(6) Monitoring data. Monitoring dataobtained prior to the regulated sourcebecoming subject to the referencingsubpart that do not meet the criteriaspecified in paragraphs (b)(1) through(b)(5) of this section may still be usedto qualify initially for less frequentmonitoring under the provisions in§ 63.1025(a)(2), (b)(3) or (b)(4) for valvesor § 63.1027(b)(3) for connectorsprovided the departures from thecriteria or from the specified monitoringfrequency of § 63.1025(b)(3) or (b)(4) or§ 63.1027(b)(3) are minor and do notsignificantly affect the quality of thedata. Examples of minor departures aremonitoring at a slightly differentfrequency (such as every 6 weeksinstead of monthly or quarterly),following the performance criteria ofsection 3.1.2, paragraph (a) of Method21 of Appendix A of 40 CFR part 60instead of paragraph (b)(2) of thissection, or monitoring using a differentleak definition if the data wouldindicate the presence or absence of aleak at the concentration specified inthis subpart. Failure to use a calibrated



instrument is not considered a minordeparture.

(c) Instrument monitoring usingbackground adjustments. The owner oroperator may elect to adjust or not toadjust the instrument readings forbackground. If an owner or operatorelects not to adjust instrument readingsfor background, the owner or operatorshall monitor the equipment accordingto the procedures specified inparagraphs (b)(1) through (b)(5) of thissection. In such cases, all instrumentreadings shall be compared directly tothe applicable leak definition for themonitored equipment to determinewhether there is a leak or to determinecompliance with § 63.1030(b) (pressurerelief devices) or § 63.1031(f)(alternative compressor standard). If anowner or operator elects to adjustinstrument readings for background, theowner or operator shall monitor theequipment according to the proceduresspecified in paragraphs (c)(1) through(c)(4) of this section.

(1) The requirements of paragraphs(b)(1) through (b)(5) of this section shallapply.

(2) The background level shall bedetermined, using the procedures inMethod 21 of 40 CFR part 60, appendixA.

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

(4) The arithmetic difference betweenthe maximum concentration indicatedby the instrument and the backgroundlevel shall be compared to theapplicable leak definition for themonitored equipment to determinewhether there is a leak or to determinecompliance with § 63.1030(b) (pressurerelief devices) or § 63.1031(f)(alternative compressor standard).

(d) Sensory monitoring methods.Sensory monitoring consists of visual,audible, olfactory, or any otherdetection method used to determine apotential leak to the atmosphere.

(e) Leaking equipment identificationand records. (1) When each leak isdetected pursuant to the monitoringspecified in paragraph (a) of thissection, a weatherproof and readilyvisible identification, shall be attachedto the leaking equipment.

(2) When each leak is detected, theinformation specified in § 63.1024(f)shall be recorded and kept pursuant tothe referencing subpart, except for theinformation for connectors complyingwith the 8 year monitoring periodallowed under § 63.1027(b)(3)(iii) shallbe kept 5 years beyond the date of itslast use.

§ 63.1024 Leak repair.(a) Leak repair schedule. The owner

or operator shall repair each leakdetected as soon as practical, but notlater than 15 calendar days after it isdetected, except as provided inparagraphs (d) and (e) of this section. Afirst attempt at repair as defined in thissubpart shall be made no later than 5calendar days after the leak is detected.First attempt at repair for pumpsincludes, but is not limited to,tightening the packing gland nuts and/or ensuring that the seal flush isoperating at design pressure andtemperature. First attempt at repair forvalves includes, but is not limited to,tightening the bonnet bolts, and/orreplacing the bonnet bolts, and/ortightening the packing gland nuts, and/or injecting lubricant into the lubricatedpacking.

(b) [Reserved](c) Leak identification removal. (1)

Valves and connectors in gas/vapor andlight liquid service. The leakidentification on a valve in gas/vapor orlight liquid service may be removedafter it has been monitored as specifiedin § 63.1025(d)(2), and no leak has beendetected during that monitoring. Theleak identification on a connector ingas/vapor or light liquid service may beremoved after it has been monitored asspecified in § 63.1027(b)(3)(iv) and noleak has been detected during thatmonitoring.

(2) Other equipment. Theidentification that has been placed,pursuant to § 63.1023(e)(1), onequipment determined to have a leak,except for a valve or for a connector ingas/vapor or light liquid service that issubject to the provisions of§ 63.1027(b)(3)(iv), may be removedafter it is repaired.

(d) Delay of repair. Delay of repair isallowed for any of the conditionsspecified in paragraphs (d)(1) through(d)(5) of this section. The owner oroperator shall maintain a record of thefacts that explain any delay of repairsand, where appropriate, why the repairwas technically infeasible without aprocess unit shutdown.

(1) Delay of repair of equipment forwhich leaks have been detected isallowed if repair within 15 days after aleak is detected is technically infeasiblewithout a process unit or affectedfacility shutdown. Repair of thisequipment shall occur as soon aspractical, but no later than the end ofthe next process unit or affected facilityshutdown, except as provided inparagraph (d)(5) of this section.

(2) Delay of repair of equipment forwhich leaks have been detected isallowed for equipment that is isolated

from the process and that does notremain in regulated material service.

(3) Delay of repair for valves,connectors, and agitators is also allowedif the provisions of paragraphs (d)(3)(i)and (d)(3)(ii) of this section are met.

(i) The owner or operator determinesthat emissions of purged materialresulting from immediate repair wouldbe greater than the fugitive emissionslikely to result from delay of repair, and

(ii) When repair procedures areeffected, the purged material is collectedand destroyed, collected and routed toa fuel gas system or process, orrecovered in a control device complyingwith either § 63.1034 or § 63.1021(b) ofthis part.

(4) Delay of repair for pumps is alsoallowed if the provisions of paragraphs(d)(4)(i) and (d)(4)(ii) of this section aremet.

(i) Repair requires replacing theexisting seal design with a new systemthat the owner or operator hasdetermined under the provisions of§ 63.1035(d) will provide betterperformance or one of the specificationsof paragraphs (d)(4)(i)(A) through(d)(4)(i)(C) of this section are met.

(A) A dual mechanical seal systemthat meets the requirements of§ 63.1026(e)(1) will be installed;

(B) A pump that meets therequirements of § 63.1026(e)(2) will beinstalled; or

(C) A system that routes emissions toa process or a fuel gas system or a closedvent system and control device thatmeets the requirements of§ 63.1026(e)(3) will be installed; and

(ii) Repair is completed as soon aspractical, but not later than 6 monthsafter the leak was detected.

(5) Delay of repair beyond a processunit or affected facility shutdown willbe allowed for a valve if valve assemblyreplacement is necessary during theprocess unit or affected facilityshutdown, and valve assembly supplieshave been depleted, and valve assemblysupplies had been sufficiently stockedbefore the supplies were depleted. Delayof repair beyond the second process unitor affected facility shutdown will not beallowed unless the third process unit oraffected facility shutdown occurs soonerthan 6 months after the first process unitor affected facility shutdown.

(e) Unsafe-to-repair—connectors. Anyconnector that is designated, asdescribed in § 63.1022(d), as an unsafe-to-repair connector is exempt from therequirements of § 63.1027(d), andparagraph (a) of this section.

(f) Leak repair records. For each leakdetected, the information specified inparagraphs (f)(1) through (f)(5) of thissection shall be recorded and



maintained pursuant to the referencingsubpart.

(1) The date of first attempt to repairthe leak.

(2) The date of successful repair of theleak.

(3) Maximum instrument readingmeasured by Method 21 of 40 CFR part60, appendix A at the time the leak issuccessfully repaired or determined tobe nonrepairable.

(4) ‘‘Repair delayed’’ and the reasonfor the delay if a leak is not repairedwithin 15 calendar days after discoveryof the leak as specified in paragraphs(f)(4)(i) and (f)(4)(ii) of this section.

(i) The owner or operator maydevelop a written procedure thatidentifies the conditions that justify adelay of repair. The written proceduresmay be included as part of the startup,shutdown, and malfunction plan, asrequired by the referencing subpart forthe source, or may be part of a separatedocument that is maintained at theplant site. In such cases, reasons fordelay of repair may be documented byciting the relevant sections of thewritten procedure.

(ii) If delay of repair was caused bydepletion of stocked parts, there must bedocumentation that the spare parts weresufficiently stocked on-site beforedepletion and the reason for depletion.

(5) Dates of process unit or affectedfacility shutdowns that occur while theequipment is unrepaired.

§ 63.1025 Valves in gas and vapor serviceand in light liquid service standards.

(a) Compliance schedule. (1) Theowner or operator shall comply withthis section no later than thecompliance dates specified in thereferencing subpart.

(2) The use of monitoring datagenerated before the regulated sourcebecame subject to the referencingsubpart to qualify initially for lessfrequent monitoring is governed by theprovisions of § 63.1023(b)(6).

(b) Leak detection. Unless otherwisespecified in § 63.1021(b) or paragraph(e) of this section, or the referencingsubpart, the owner or operator shallmonitor all valves at the intervalsspecified in paragraphs (b)(3) and/or(b)(4) of this section and shall complywith all other provisions of this section.

(1) Monitoring method. The valvesshall be monitored to detect leaks by themethod specified in § 63.1023(b) and, asapplicable, § 63.1023(c).

(2) Instrument reading that defines aleak. The instrument reading thatdefines a leak is 500 parts per millionor greater.

(3) Monitoring frequency. The owneror operator shall monitor valves for

leaks at the intervals specified inparagraphs (b)(3)(i) through (b)(3)(v) ofthis section and shall keep the recordspecified in paragraph (b)(3)(vi) of thissection.

(i) If at least the greater of 2 valves or2 percent of the valves in a process unitleak, as calculated according toparagraph (c) of this section, the owneror operator shall monitor each valveonce per month.

(ii) At process units with less than thegreater of 2 leaking valves or 2 percentleaking valves, the owner or operatorshall monitor each valve once eachquarter, except as provided inparagraphs (b)(3)(iii) through (b)(3)(v) ofthis section. Monitoring data generatedbefore the regulated source becamesubject to the referencing subpart andmeeting the criteria of either§ 63.1023(b)(1) through (b)(5), or§ 63.1023(b)(6), may be used to qualifyinitially for less frequent monitoringunder paragraphs (b)(3)(iii) through(b)(3)(v) of this section.

(iii) At process units with less than 1percent leaking valves, the owner oroperator may elect to monitor eachvalve once every two quarters

(iv) At process units with less than 0.5percent leaking valves, the owner oroperator may elect to monitor eachvalve once every four quarters.

(v) At process units with less than0.25 percent leaking valves, the owneror operator may elect to monitor eachvalve once every 2 years.

(vi) The owner or operator shall keepa record of the monitoring schedule foreach process unit.

(4) Valve subgrouping. For a processunit or a group of process units to whichthis subpart applies, an owner oroperator may choose to subdivide thevalves in the applicable process unit orgroup of process units and apply theprovisions of paragraph (b)(3) of thissection to each subgroup. If the owneror operator elects to subdivide thevalves in the applicable process unit orgroup of process units, then theprovisions of paragraphs (b)(4)(i)through (b)(4)(viii) of this section apply.

(i) The overall performance of totalvalves in the applicable process unit orgroup of process units to be subdividedshall be less than 2 percent leakingvalves, as detected according toparagraphs (b)(1) and (b)(2) of thissection and as calculated according toparagraphs (c)(1)(ii) and (c)(2) of thissection.

(ii) The initial assignment orsubsequent reassignment of valves tosubgroups shall be governed by theprovisions of paragraphs (b)(4)(ii)(A)through (b)(4)(ii)(C) of this section.

(A) The owner or operator shalldetermine which valves are assigned toeach subgroup. Valves with less thanone year of monitoring data or valvesnot monitored within the last twelvemonths must be placed initially into themost frequently monitored subgroupuntil at least one year of monitoring datahave been obtained.

(B) Any valve or group of valves canbe reassigned from a less frequentlymonitored subgroup to a morefrequently monitored subgroupprovided that the valves to bereassigned were monitored during themost recent monitoring period for theless frequently monitored subgroup. Themonitoring results must be includedwith that less frequently monitoredsubgroup’s associated percent leakingvalves calculation for that monitoringevent.

(C) Any valve or group of valves canbe reassigned from a more frequentlymonitored subgroup to a less frequentlymonitored subgroup provided that thevalves to be reassigned have not leakedfor the period of the less frequentlymonitored subgroup (e.g., for the last 12months, if the valve or group of valvesis to be reassigned to a subgroup beingmonitored annually). Nonrepairablevalves may not be reassigned to a lessfrequently monitored subgroup.

(iii) The owner or operator shalldetermine every 6 months if the overallperformance of total valves in theapplicable process unit or group ofprocess units is less than 2 percentleaking valves and so indicate theperformance in the next PeriodicReport. If the overall performance oftotal valves in the applicable processunit or group of process units is 2percent leaking valves or greater, theowner or operator shall no longersubgroup and shall revert to theprogram required in paragraphs (b)(1)through (b)(3) of this section for thatapplicable process unit or group ofprocess units. An owner or operator canagain elect to comply with the valvesubgrouping procedures of paragraph(b)(4) of this section if future overallperformance of total valves in theprocess unit or group of process units isagain less than 2 percent. The overallperformance of total valves in theapplicable process unit or group ofprocess units shall be calculated as aweighted average of the percent leakingvalves of each subgroup according toEquation number 1:



%

%

V

V V

VLO

Li ii

n

ii

n=×( )

=

=

∑

∑1

1

[Eq. 1]

where:%VLO = Overall performance of total

valves in the applicable processunit or group of process units

%VLi = Percent leaking valves insubgroup i, most recent valuecalculated according to theprocedures in paragraphs (c)(1)(ii)and (c)(2) of this section.

Vi = Number of valves in subgroup i.n = Number of subgroups.

(iv) The owner or operator shallmaintain records specified inparagraphs (b)(4)(iv)(A) through(b)(4)(iv)(D) of this section.

(A) Which valves are assigned to eachsubgroup,

(B) Monitoring results andcalculations made for each subgroup foreach monitoring period,

(C) Which valves are reassigned, thelast monitoring result prior toreassignment, and when they werereassigned, and

(D) The results of the semiannualoverall performance calculationrequired in paragraph (b)(4)(iii) of thissection.

(v) The owner or operator shall notifythe Administrator no later than 30 daysprior to the beginning of the nextmonitoring period of the decision tosubgroup valves. The notification shallidentify the participating process unitsand the number of valves assigned toeach subgroup, if applicable, and maybe included in the next Periodic Report.

(vi) The owner or operator shallsubmit in the periodic reports theinformation specified in paragraphs(b)(4)(vi)(A) and (b)(4)(vi)(B).

(A) Total number of valves in eachsubgroup, and

(B) Results of the semiannual overallperformance calculation required byparagraph (b)(4)(iii) of this section.

(vii) To determine the monitoringfrequency for each subgroup, thecalculation procedures of paragraph(c)(2) of this section shall be used.

(viii) Except for the overallperformance calculations required byparagraphs (b)(4)(i) and (iii) of thissection, each subgroup shall be treatedas if it were a process unit for thepurposes of applying the provisions ofthis section.

(c) Percent leaking valves calculation.(1) Calculation basis and procedures. (i)The owner or operator shall decide nolater than the compliance date of thispart or upon revision of an operating

permit whether to calculate percentleaking valves on a process unit orgroup of process units basis. Once theowner or operator has decided, allsubsequent percentage calculationsshall be made on the same basis and thisshall be the basis used for comparisonwith the subgrouping criteria specifiedin paragraph (b)(4)(i) of this section.

(ii) The percent leaking valves foreach monitoring period for each processunit or valve subgroup, as provided inparagraph (b)(4) of this section, shall becalculated using the following equation:

% /V V VL L T= ( ) ×100 [Eq. 2]

where:%VL = Percent leaking valves.VL = Number of valves found leaking,

excluding nonrepairable valves, asprovided in paragraph (c)(3) of thissection, and including those valvesfound leaking pursuant toparagraphs (d)(2)(iii)(A) and(d)(2)(iii)(B) of this section.

VT = The sum of the total number ofvalves monitored.

(2) Calculation for monitoringfrequency. When determiningmonitoring frequency for each processunit or valve subgroup subject tomonthly, quarterly, or semiannualmonitoring frequencies, the percentleaking valves shall be the arithmeticaverage of the percent leaking valvesfrom the last two monitoring periods.When determining monitoringfrequency for each process unit or valvesubgroup subject to annual or biennial(once every 2 years) monitoringfrequencies, the percent leaking valvesshall be the arithmetic average of thepercent leaking valves from the lastthree monitoring periods.

(3) Nonrepairable valves. (i)Nonrepairable valves shall be includedin the calculation of percent leakingvalves the first time the valve isidentified as leaking and nonrepairableand as required to comply withparagraph (c)(3)(ii) of this section.Otherwise, a number of nonrepairablevalves (identified and included in thepercent leaking valves calculation in aprevious period) up to a maximum of 1percent of the total number of valves inregulated material service at a processunit or affected facility may be excludedfrom calculation of percent leakingvalves for subsequent monitoringperiods.

(ii) If the number of nonrepairablevalves exceeds 1 percent of the totalnumber of valves in regulated materialservice at a process unit or affectedfacility, the number of nonrepairablevalves exceeding 1 percent of the totalnumber of valves in regulated material

service shall be included in thecalculation of percent leaking valves.

(d) Leak repair. (1) If a leak isdetermined pursuant to paragraph (b),(e)(1), or (e)(2) of this section, then theleak shall be repaired using theprocedures in § 63.1024, as applicable.

(2) After a leak has been repaired, thevalve shall be monitored at least oncewithin the first 3 months after its repair.The monitoring required by thisparagraph is in addition to themonitoring required to satisfy thedefinition of repaired and first attemptat repair.

(i) The monitoring shall be conductedas specified in § 63.1023(b) and (c) ofthis section, as appropriate, todetermine whether the valve hasresumed leaking.

(ii) Periodic monitoring required byparagraph (b) of this section may beused to satisfy the requirements of thisparagraph, if the timing of themonitoring period coincides with thetime specified in this paragraph.Alternatively, other monitoring may beperformed to satisfy the requirements ofthis paragraph, regardless of whetherthe timing of the monitoring period forperiodic monitoring coincides with thetime specified in this paragraph.

(iii) If a leak is detected by monitoringthat is conducted pursuant to paragraph(d)(2) of this section, the owner oroperator shall follow the provisions ofparagraphs (d)(2)(iii)(A) and(d)(2)(iii)(B) of this section, to determinewhether that valve must be counted asa leaking valve for purposes ofparagraph (c)(1)(ii) of this section.

(A) If the owner or operator elected touse periodic monitoring required byparagraph (b) of this section to satisfythe requirements of paragraph (d)(2) ofthis section, then the valve shall becounted as a leaking valve.

(B) If the owner or operator elected touse other monitoring, prior to theperiodic monitoring required byparagraph (b) of this section, to satisfythe requirements of paragraph (d)(2) ofthis section, then the valve shall becounted as a leaking valve unless it isrepaired and shown by periodicmonitoring not to be leaking.

(e) Special provisions for valves. (1)Unsafe-to-monitor valves. Any valvethat is designated, as described in§ 63.1022(c)(1), as an unsafe-to-monitorvalve is exempt from the requirementsof paragraphs (b) and (d)(2) of thissection and the owner or operator shallmonitor the valve according to thewritten plan specified in § 63.1022(c)(4).

(2) Difficult-to-monitor valves. Anyvalve that is designated, as described in§ 63.1022(c)(2), as a difficult-to-monitorvalve is exempt from the requirements



of paragraph (b) of this section and theowner or operator shall monitor thevalve according to the written planspecified in § 63.1022(c)(4).

(3) Fewer than 250 valves. Anyequipment located at a plant site withfewer than 250 valves in regulatedmaterial service is exempt from therequirements for monthly monitoringspecified in paragraph (b)(3)(i) of thissection. Instead, the owner or operatorshall monitor each valve in regulatedmaterial service for leaks once eachquarter, as provided in paragraphs (e)(1)and (e)(2) of this section.

§ 63.1026 Pumps in light liquid servicestandards.


(b) Leak detection. Unless otherwisespecified in § 63.1021(b), § 63.1036,§ 63.1037, or paragraph (e) of thissection, the owner or operator shallmonitor each pump to detect leaks andshall comply with all other provisionsof this section.

(1) Monitoring method and frequency.The pumps shall be monitored monthlyto detect leaks by the method specifiedin § 63.1023(b) and, as applicable,§ 63.1023(c).

(2) Instrument reading that defines aleak. The instrument reading that

defines a leak is specified in paragraphs(b)(2)(i) through (b)(2)(iii) of thissection.

(i) 5,000 parts per million or greaterfor pumps handling polymerizingmonomers;

(ii) 2,000 parts per million or greaterfor pumps in food/medical service; and

(iii) 1,000 parts per million or greaterfor all other pumps.

(3) Leak repair exception. For pumpsto which a 1,000 parts per million leakdefinition applies, repair is not requiredunless an instrument reading of 2,000parts per million or greater is detected.

(4) Visual inspection. Each pumpshall be checked by visual inspectioneach calendar week for indications ofliquids dripping from the pump seal.The owner or operator shall documentthat the inspection was conducted andthe date of the inspection. If there areindications of liquids dripping from thepump seal at the time of the weeklyinspection, the owner or operator shallfollow the procedure specified in eitherparagraph (b)(4)(i) or (b)(4)(ii) of thissection.

(i) The owner or operator shallmonitor the pump as specified in§ 63.1023(b) and, as applicable,§ 63.1023(c). If the instrument readingindicates a leak as specified inparagraph (b)(2) of this section, a leak isdetected and it shall be repaired usingthe procedures in § 63.1024, except as

specified in paragraph (b)(3) of thissection; or

(ii) The owner or operator shalleliminate the visual indications ofliquids dripping.

(c) Percent leaking pumps calculation.(1) The owner or operator shall decideno later than the compliance date of thispart or upon revision of an operatingpermit whether to calculate percentleaking pumps on a process unit basisor group of process units basis. Once theowner or operator has decided, allsubsequent percentage calculationsshall be made on the same basis.

(2) If, when calculated on a 6-monthrolling average, at least the greater ofeither 10 percent of the pumps in aprocess unit or three pumps in a processunit leak, the owner or operator shallimplement a quality improvementprogram for pumps that complies withthe requirements of § 63.1035.

(3) The number of pumps at a processunit or affected facility shall be the sumof all the pumps in regulated materialservice, except that pumps foundleaking in a continuous process unit oraffected facility within 1 month afterstart-up of the pump shall not count inthe percent leaking pumps calculationfor that one monitoring period only.

(4) Percent leaking pumps shall bedetermined by the following equation:

% / [ .P P P P P EqL L S T S= −( ) −( )( ) ×100 3]

Where:%PL = Percent leaking pumpsPL = Number of pumps found leaking as

determined through monthlymonitoring as required in paragraph(b)(1) of this section. Do not includeresults from inspection of unsafe-to-monitor pumps pursuant toparagraph (e)(6) of this section.

PS = Number of pumps leaking within1 month of start-up during thecurrent monitoring period.

PT = Total pumps in regulated materialservice, including those meeting thecriteria in paragraphs (e)(1), (e)(2),(e)(3), and (e)(6) of this section.

(d) Leak repair. If a leak is detectedpursuant to paragraph (b) of this section,then the leak shall be repaired using theprocedures in § 63.1024, as applicable,unless otherwise specified in paragraph(b)(5) of this section for leaks identifiedby visual indications of liquidsdripping.

(e) Special provisions for pumps. (1)Dual mechanical seal pumps. Eachpump equipped with a dual mechanical

seal system that includes a barrier fluidsystem is exempt from the requirementsof paragraph (b) of this section,provided the requirements specified inparagraphs (e)(1)(i) through (e)(1)(viii) ofthis section are met.

(i) The owner or operator determines,based on design considerations andoperating experience, criteria applicableto the presence and frequency of dripsand to the sensor that indicates failureof the seal system, the barrier fluidsystem, or both. The owner or operatorshall keep records at the plant of thedesign criteria and an explanation of thedesign criteria; and any changes to thesecriteria and the reasons for the changes.This record must be available for reviewby an inspector.

(ii) Each dual mechanical seal systemshall meet the requirements specified inparagraph (e)(1)(ii)(A), (e)(1)(ii)(B), or(e)(1)(ii)(C) of this section.

(A) Each dual mechanical seal systemis operated with the barrier fluid at apressure that is at all times (exceptperiods of startup, shutdown, or

malfunction) greater than the pumpstuffing box pressure; or

(B) Equipped with a barrier fluiddegassing reservoir that is routed to aprocess or fuel gas system or connectedby a closed-vent system to a controldevice that complies with therequirements of either § 63.1034 or§ 63.1021(b) of this part; or


(iii) The barrier fluid is not in lightliquid service.

(iv) Each barrier fluid system isequipped with a sensor that will detectfailure of the seal system, the barrierfluid system, or both.

(v) Each pump is checked by visualinspection each calendar week forindications of liquids dripping from thepump seal. The owner or operator shalldocument that the inspection wasconducted and the date of theinspection. If there are indications ofliquids dripping from the pump seal atthe time of the weekly inspection, the



owner or operator shall follow theprocedure specified in paragraphs(e)(1)(v)(A) or (e)(1)(v)(B) of this sectionprior to the next required inspection.

(A) The owner or operator shallmonitor the pump as specified in§ 63.1023(b) and, as applicable,§ 63.1023 (c), to determine if there is aleak of regulated material in the barrierfluid. If an instrument reading of 1,000parts per million or greater is measured,a leak is detected and it shall berepaired using the procedures in§ 63.1024; or


(vi) If indications of liquids drippingfrom the pump seal exceed the criteriaestablished in paragraph (e)(1)(i) of thissection, or if based on the criteriaestablished in paragraph (e)(1)(i) of thissection the sensor indicates failure ofthe seal system, the barrier fluid system,or both, a leak is detected.

(vii) Each sensor as described inparagraph (e)(1)(iv) of this section isobserved daily or is equipped with analarm unless the pump is located withinthe boundary of an unmanned plantsite.

(viii) When a leak is detectedpursuant to paragraph (e)(1)(vi) of thissection, it shall be repaired as specifiedin § 63.1024.

(2) No external shaft. Any pump thatis designed with no externally actuatedshaft penetrating the pump housing isexempt from the requirements ofparagraph (b) of this section.

(3) Routed to a process or fuel gassystem or equipped with a closed ventsystem. Any pump that is routed to aprocess or fuel gas system or equippedwith a closed vent system capable ofcapturing and transporting leakage fromthe pump to a control device meetingthe requirements of § 63.1034 of thispart or § 63.1021(b) is exempt from therequirements of paragraph (b) of thissection.

(4) Unmanned plant site. Any pumpthat is located within the boundary ofan unmanned plant site is exempt fromthe weekly visual inspectionrequirement of paragraphs (b)(4) and(e)(1)(v) of this section, and the dailyrequirements of paragraph (e)(1)(vii) ofthis section, provided that each pump isvisually inspected as often as practicaland at least monthly.

(5) 90 percent exemption. If more than90 percent of the pumps at a processunit or affected facility meet the criteriain either paragraph (e)(1) or (e)(2) of thissection, the process unit or affectedfacility is exempt from the percentleaking calculation in paragraph (c) ofthis section.

(6) Unsafe-to-monitor pumps. Anypump that is designated, as described in§ 63.1022(c)(1)(ii), as an unsafe-to-monitor pump is exempt from therequirements of paragraph (b) of thissection and the requirements of§ 63.1024 and the owner or operatorshall monitor the pump according to thewritten plan specified in § 63.1022(c)(4)

§ 63.1027 Connectors in gas and vaporservice and in light liquid servicestandards.

(a) Compliance schedule. The owneror operator shall monitor all connectorsin each process unit initially for leaksby the later of either 12 months after thecompliance date as specified in areferencing subpart or 12 months afterinitial startup. If all connectors in eachprocess unit have been monitored forleaks prior to the compliance datespecified in the referencing subpart, noinitial monitoring is required providedeither no process changes have beenmade since the monitoring or the owneror operator can determine that theresults of the monitoring, with orwithout adjustments, reliablydemonstrate compliance despite processchanges. If required to monitor becauseof a process change, the owner oroperator is required to monitor onlythose connectors involved in theprocess change.

(b) Leak detection. Except as allowedin § 63.1021(b), § 63.1036, § 63.1037, oras specified in paragraph (e) of thissection, the owner or operator shallmonitor all connectors in gas and vaporand light liquid service as specified inparagraphs (a) and (b)(3) of this section.

(1) Monitoring method. Theconnectors shall be monitored to detectleaks by the method specified in§ 63.1023(b) and, as applicable,§ 63.1023(c).

(2) Instrument reading that defines aleak. If an instrument reading greaterthan or equal to 500 parts per millionis measured, a leak is detected.

(3) Monitoring periods. The owner oroperator shall perform monitoring,subsequent to the initial monitoringrequired in paragraph (a) of this section,as specified in paragraphs (b)(3)(i)through (b)(3)(iii) of this section, andshall comply with the requirements ofparagraphs (b)(3)(iv) and (b)(3)(v) of thissection. The required period in whichmonitoring must be conducted shall bedetermined from paragraphs (b)(3)(i)through (b)(3)(iii) of this section usingthe monitoring results from thepreceding monitoring period. Thepercent leaking connectors shall becalculated as specified in paragraph (c)of this section.

(i) If the percent leaking connectors inthe process unit was greater than orequal to 0.5 percent, then monitorwithin 12 months (1 year).

(ii) If the percent leaking connectorsin the process unit was greater than orequal to 0.25 percent but less than 0.5percent, then monitor within 4 years.An owner or operator may comply withthe requirements of this paragraph bymonitoring at least 40 percent of theconnectors within 2 years of the start ofthe monitoring period, provided allconnectors have been monitored by theend of the 4 year monitoring period.

(iii) If the percent leaking connectorsin the process unit was less than 0.25percent, then monitor as provided inparagraph (b)(3)(iii)(A) of this sectionand either paragraph (b)(3)(iii)(B) or(b)(3)(iii)(C) of this section, asappropriate.

(A) An owner or operator shallmonitor at least 50 percent of theconnectors within 4 years of the start ofthe monitoring period.

(B) If the percent leaking connectorscalculated from the monitoring resultsin paragraph (b)(3)(iii)(A) of this sectionis greater than or equal to 0.35 percentof the monitored connectors, the owneror operator shall monitor as soon aspractical, but within the next 6 months,all connectors that have not yet beenmonitored during the monitoringperiod. At the conclusion of monitoring,a new monitoring period shall be startedpursuant to paragraph (b)(3) of thissection, based on the percent leakingconnectors of the total monitoredconnectors.

(C) If the percent leaking connectorscalculated from the monitoring resultsin paragraph (b)(3)(iii)(A) of this sectionis less than 0.35 percent of themonitored connectors, the owner oroperator shall monitor all connectorsthat have not yet been monitored within8 years of the start of the monitoringperiod.

(iv) If, during the monitoringconducted pursuant to paragraph(b)(3)(i) through (b)(3)(iii) of thissection, a connector is found to beleaking, it shall be re-monitored oncewithin 90 days after repair to confirmthat it is not leaking.

(v) The owner or operator shall keepa record of the start date and end dateof each monitoring period under thissection for each process unit.

(c) Percent leaking connectorscalculation. For use in determining themonitoring frequency, as specified inparagraphs (a) and (b)(3) of this section,the percent leaking connectors as usedin paragraphs (a) and (b)(3) of thissection shall be calculated by usingequation number 4.



% /C C CL L t= ×100 [Eq. 4]Where:%CL = Percent leaking connectors as

determined through periodicmonitoring required in paragraphs(a) and (b)(3)(i) through (b)(3)(iii) ofthis section.

CL = Number of connectors measured at500 parts per million or greater, bythe method specified in§ 63.1023(b).

Ct = Total number of monitoredconnectors in the process unit oraffected facility.

(d) Leak repair. If a leak is detectedpursuant to paragraphs (a) and (b) ofthis section, then the leak shall berepaired using the procedures in§ 63.1024, as applicable.

(e) Special provisions for connectors.(1) Unsafe-to-monitor connectors. Anyconnector that is designated, asdescribed in § 63.1022(c)(1), as anunsafe-to-monitor connector is exemptfrom the requirements of paragraphs (a)and (b) of this section and the owner oroperator shall monitor according to thewritten plan specified in § 63.1022(c)(4).

(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any connector thatis inaccessible or that is ceramic orceramic-lined (e.g., porcelain, glass, orglass-lined), is exempt from themonitoring requirements of paragraphs(a) and (b) of this section, from the leakrepair requirements of paragraph (d) ofthis section, and from the recordkeepingand reporting requirements of§§ 63.1038 and 63.1039. An inaccessibleconnector is one that meets any of theprovisions specified in paragraphs(e)(2)(i)(A) through (e)(2)(i)(F) of thissection, as applicable.

(A) Buried;(B) Insulated in a manner that

prevents access to the connector by amonitor probe;

(C) Obstructed by equipment orpiping that prevents access to theconnector by a monitor probe;

(D) Unable to be reached from awheeled scissor-lift or hydraulic-typescaffold that would allow access toconnectors up to 7.6 meters (25 feet)above the ground.

(E) Inaccessible because it wouldrequire elevating the monitoringpersonnel more than 2 meters (7 feet)above a permanent support surface orwould require the erection of scaffold;

(F) Not able to be accessed at any timein a safe manner to perform monitoring.Unsafe access includes, but is notlimited to, the use of a wheeled scissor-lift on unstable or uneven terrain, theuse of a motorized man-lift basket inareas where an ignition potential exists,or access would require near proximity

to hazards such as electrical lines, orwould risk damage to equipment.

(ii) If any inaccessible, ceramic orceramic-lined connector is observed byvisual, audible, olfactory, or othermeans to be leaking, the visual, audible,olfactory, or other indications of a leakto the atmosphere shall be eliminated assoon as practical.

§ 63.1028 Agitators in gas and vaporservice and in light liquid servicestandards.


(b) [Reserved](c) Leak detection. (1) Monitoring

method. Each agitator seal shall bemonitored monthly to detect leaks bythe methods specified in § 63.1023(b)and, as applicable, § 63.1023(c), exceptas provided in § 63.1021(b), § 63.1036,§ 63.1037, or paragraph (e) of thissection.

(2) Instrument reading that defines aleak. If an instrument readingequivalent of 10,000 parts per million orgreater is measured, a leak is detected.

(3) Visual inspection. (i) Each agitatorseal shall be checked by visualinspection each calendar week forindications of liquids dripping from theagitator seal. The owner or operatorshall document that the inspection wasconducted and the date of theinspection.

(ii) If there are indications of liquidsdripping from the agitator seal, theowner or operator shall follow theprocedures specified in paragraphs(c)(3)(ii)(A) or (c)(3)(ii)(B) of this sectionprior to the next required inspection.

(A) The owner or operator shallmonitor the agitator seal as specified in§ 63.1023(b) and, as applicable,§ 63.1023(c), to determine if there is aleak of regulated material. If aninstrument reading of 10,000 parts permillion or greater is measured, a leak isdetected, and it shall be repairedaccording to paragraph (d) of thissection; or

(B) The owner or operator shalleliminate the indications of liquidsdripping from the agitator seal.

(d) Leak repair. If a leak is detected,then the leak shall be repaired using theprocedures in § 63.1024.

(e) Special provisions for agitators. (1)Dual mechanical seal. Each agitatorequipped with a dual mechanical sealsystem that includes a barrier fluidsystem is exempt from the requirementsof paragraph (c) of this section, providedthe requirements specified inparagraphs (e)(1)(i) through (e)(1)(vi) ofthis section are met.

(i) Each dual mechanical seal systemshall meet the applicable requirementsspecified in paragraphs (e)(1)(i)(A),(e)(1)(i)(B), or (e)(1)(i)(C) of this section.

(A) Operated with the barrier fluid ata pressure that is at all times (exceptduring periods of startup, shutdown, ormalfunction) greater than the agitatorstuffing box pressure; or

(B) Equipped with a barrier fluiddegassing reservoir that is routed to aprocess or fuel gas system or connectedby a closed-vent system to a controldevice that meets the requirements ofeither § 63.1034 or § 63.1021(b); or


(ii) The barrier fluid is not in lightliquid service.

(iii) Each barrier fluid system isequipped with a sensor that will detectfailure of the seal system, the barrierfluid system, or both.

(iv) Each agitator seal is checked byvisual inspection each calendar weekfor indications of liquids dripping fromthe agitator seal. If there are indicationsof liquids dripping from the agitator sealat the time of the weekly inspection, theowner or operator shall follow theprocedure specified in paragraphs(e)(1)(iv)(A) or (e)(1)(iv)(B) of thissection prior to the next requiredinspection.

(A) The owner or operator shallmonitor the agitator seal as specified in§ 63.1023(b) and, as applicable,§ 63.1023(c), to determine the presenceof regulated material in the barrier fluid.If an instrument reading equivalent to orgreater than 10,000 ppm is measured, aleak is detected and it shall be repairedusing the procedures in § 63.1024, or


(v) Each sensor as described inparagraph (e)(1)(iii) of this section isobserved daily or is equipped with analarm unless the agitator seal is locatedwithin the boundary of an unmannedplant site.

(vi) The owner or operator of eachdual mechanical seal system shall meetthe requirements specified inparagraphs (e)(1)(vi)(A) and (e)(1)(vi)(B).

(A) The owner or operator shalldetermine, based on designconsiderations and operatingexperience, criteria that indicates failureof the seal system, the barrier fluidsystem, or both and applicable to thepresence and frequency of drips. Ifindications of liquids dripping from theagitator seal exceed the criteria, or if,based on the criteria the sensorindicates failure of the seal system, thebarrier fluid system, or both, a leak is



detected and shall be repaired pursuantto § 63.1024, as applicable.

(B) The owner or operator shall keeprecords of the design criteria and anexplanation of the design criteria; andany changes to these criteria and thereasons for the changes.

(2) No external shaft. Any agitatorthat is designed with no externallyactuated shaft penetrating the agitatorhousing is exempt from paragraph (c) ofthis section.

(3) Routed to a process or fuel gassystem or equipped with a closed ventsystem. Any agitator that is routed to aprocess or fuel gas system that capturesand transports leakage from the agitatorto a control device meeting therequirements of either § 63.1034 or§ 63.1021(b) is exempt from therequirements of paragraph (c) of thissection.

(4) Unmanned plant site. Any agitatorthat is located within the boundary ofan unmanned plant site is exempt fromthe weekly visual inspectionrequirement of paragraphs (c)(3) and(e)(1)(iv) of this section, and the dailyrequirements of paragraph (e)(1)(v) ofthis section, provided that each agitatoris visually inspected as often aspractical and at least monthly.

(5) Difficult-to-monitor agitator seals.Any agitator seal that is designated, asdescribed in § 63.1022(c)(2), as adifficult-to-monitor agitator seal isexempt from the requirements ofparagraph (c) of this section and theowner or operator shall monitor theagitator seal according to the writtenplan specified in § 63.1022(c)(4).

(6) Equipment obstructions. Anyagitator seal that is obstructed byequipment or piping that preventsaccess to the agitator by a monitor probeis exempt from the monitoringrequirements of paragraph (c) of thissection.

(7) Unsafe-to-monitor agitator seals.Any agitator seal that is designated, asdescribed in § 63.1022(c)(1), as anunsafe-to-monitor agitator seal isexempt from the requirements ofparagraph (c) of this section and theowner or operator of the agitator sealmonitors the agitator seal according tothe written plan specified in§ 63.1022(c)(4).

§ 63.1029 Pumps, valves, connectors, andagitators in heavy liquid service; pressurerelief devices in liquid service; andinstrumentation systems standards.


(b) Leak detection. (1) Monitoringmethod. Unless otherwise specified in

§§ 63.1021(b), 63.1036, or 63.1037, theowner or operator shall comply withparagraphs (b)(1) and (b)(2) of thissection. Pumps, valves, connectors, andagitators in heavy liquid service;pressure relief devices in light liquid orheavy liquid service; andinstrumentation systems shall bemonitored within 5 calendar days by themethod specified in § 63.1023(b) and, asapplicable, § 63.1023(c), if evidence of apotential leak to the atmosphere isfound by visual, audible, olfactory, orany other detection method, unless thepotential leak is repaired as required inparagraph (c) of this section.

(2) Instrument reading that defines aleak. If an instrument reading of 10,000parts per million or greater for agitators,5,000 parts per million or greater forpumps handling polymerizingmonomers, 2,000 parts per million orgreater for pumps in food and medicalservice, or 2,000 parts per million orgreater for all other pumps (includingpumps in food/medical service), or 500parts per million or greater for valves,connectors, instrumentation systems,and pressure relief devices is measuredpursuant to paragraph (b)(1) of thissection, a leak is detected and shall berepaired pursuant to § 63.1024, asapplicable.

(c) Leak repair. For equipmentidentified in paragraph (b) of thissection that is not monitored by themethod specified in § 63.1023(b) and, asapplicable, § 63.1023(c), repaired shallmean that the visual, audible, olfactory,or other indications of a leak to theatmosphere have been eliminated; thatno bubbles are observed at potentialleak sites during a leak check using soapsolution; or that the system will hold atest pressure.

§ 63.1030 Pressure relief devices in gasand vapor service standards.


(b) Compliance standard. Exceptduring pressure releases as provided forin paragraph (c) of this section, or asotherwise specified in §§ 63.1036,63.1037, or paragraphs (d) and (e) of thissection, each pressure relief device ingas and vapor service shall be operatedwith an instrument reading of less than500 parts per million as measured bythe method specified in § 63.1023(b)and, as applicable, § 63.1023(c).

(c) Pressure relief requirements. (1)After each pressure release, the pressurerelief device shall be returned to acondition indicated by an instrumentreading of less than 500 parts per

million, as soon as practical, but no laterthan 5 calendar days after each pressurerelease, except as provided in§ 63.1024(d).

(2) The pressure relief device shall bemonitored no later than five calendardays after the pressure to confirm thecondition indicated by an instrumentreading of less than 500 parts permillion above background, as measuredby the method specified in § 63.1023(b)and, as applicable, § 63.1023(c).

(3) The owner or operator shall recordthe dates and results of the monitoringrequired by paragraph (c)(2) of thissection following a pressure releaseincluding the background levelmeasured and the maximum instrumentreading measured during themonitoring.

(d) Pressure relief devices routed to aprocess or fuel gas system or equippedwith a closed vent system and controldevice. Any pressure relief device thatis routed to a process or fuel gas systemor equipped with a closed vent systemcapable of capturing and transportingleakage from the pressure relief deviceto a control device meeting therequirements of § 63.1034 is exemptfrom the requirements of paragraphs (b)and (c) of this section.

(e) Rupture disk exemption. Anypressure relief device that is equippedwith a rupture disk upstream of thepressure relief device is exempt fromthe requirements of paragraphs (b) and(c) of this section provided the owner oroperator installs a replacement rupturedisk upstream of the pressure reliefdevice as soon as practical after eachpressure release but no later than 5calendar days after each pressurerelease, except as provided in§ 63.1024(d).

§ 63.1031 Compressors standards.


(b) Seal system standard. Eachcompressor shall be equipped with aseal system that includes a barrier fluidsystem and that prevents leakage ofprocess fluid to the atmosphere, exceptas provided in §§ 63.1021(b), 63.1036,63.1037, and paragraphs (e) and (f) ofthis section. Each compressor sealsystem shall meet the applicablerequirements specified in paragraph(b)(1), (b)(2), or (b)(3) of this section.

(1) Operated with the barrier fluid ata pressure that is greater than thecompressor stuffing box pressure at alltimes (except during periods of startup,shutdown, or malfunction); or



(2) Equipped with a barrier fluidsystem degassing reservoir that is routedto a process or fuel gas system orconnected by a closed-vent system to acontrol device that meets therequirements of either § 63.1034 or§ 63.1021(b); or

(3) Equipped with a closed-loopsystem that purges the barrier fluiddirectly into a process stream.

(c) Barrier fluid system. The barrierfluid shall not be in light liquid service.Each barrier fluid system shall beequipped with a sensor that will detectfailure of the seal system, barrier fluidsystem, or both. Each sensor shall beobserved daily or shall be equippedwith an alarm unless the compressor islocated within the boundary of anunmanned plant site.

(d) Failure criterion and leakdetection. (1) The owner or operatorshall determine, based on designconsiderations and operatingexperience, a criterion that indicatesfailure of the seal system, the barrierfluid system, or both. If the sensorindicates failure of the seal system, thebarrier fluid system, or both based onthe criterion, a leak is detected and shallbe repaired pursuant to § 63.1024, asapplicable.

(2) The owner or operator shall keeprecords of the design criteria and anexplanation of the design criteria; andany changes to these criteria and thereasons for the changes.

(e) Routed to a process or fuel gassystem or equipped with a closed ventsystem. A compressor is exempt fromthe requirements of paragraphs (b)through (d) of this section if it isequipped with a system to capture andtransport leakage from the compressordrive shaft seal to a process or a fuel gassystem or to a closed vent system thatcaptures and transports leakage from thecompressor to a control device meetingthe requirements of either § 63.1034 or§ 63.1021(b).

(f) Alternative compressor standard.(1) Any compressor that is designated,as described in § 63.1022(e), asoperating with an instrument reading ofless than 500 parts per million abovebackground shall operate at all timeswith an instrument reading of less than500 parts per million. A compressor sodesignated is exempt from therequirements of paragraphs (b) through(d) of this section if the compressor isdemonstrated, initially upondesignation, annually, and at othertimes requested by the Administrator tobe operating with an instrument readingof less than 500 parts per million abovebackground, as measured by the methodspecified in § 63.1023(b) and, asapplicable, § 63.1023(c).

(2) The owner or operator shall recordthe dates and results of each compliancetest including the background levelmeasured and the maximum instrumentreading measured during eachcompliance test.

§ 63.1032 Sampling connection systemsstandards.


(b) Equipment requirement. Eachsampling connection system shall beequipped with a closed-purge, closed-loop, or closed vent system, except asprovided in §§ 63.1021(b), 63.1036,63.1037, or paragraph (d) of this section.Gases displaced during filling of thesample container are not required to becollected or captured.

(c) Equipment design and operation.Each closed-purge, closed-loop, orclosed vent system as required inparagraph (b) of this section shall meetthe applicable requirements specified inparagraphs (c)(1) through (c)(5) of thissection.

(1) The system shall return the purgedprocess fluid directly to a process lineor to a fuel gas system that meets therequirements of either § 63.1034 or§ 63.1021(b); or

(2) [Reserved](3) Be designed and operated to

capture and transport all the purgedprocess fluid to a control device thatmeets the requirements of either§ 63.1034 or § 63.1021(b); or

(4) Collect, store, and transport thepurged process fluid to a system orfacility identified in paragraph (c)(4)(i),(c)(4)(ii), or (c)(4)(iii) of this section.

(i) A waste management unit asdefined in 40 CFR 63.111 or subpart G,if the waste management unit is subjectto and operating in compliance with theprovisions of 40 CFR part 63, subpart G,applicable to group 1 wastewaterstreams. If the purged process fluid doesnot contain any regulated material listedin Table 9 of 40 CFR part 63, subpart G,the waste management unit need not besubject to, and operated in compliancewith the requirements of 40 CFR part63, subpart G, applicable to group 1wastewater steams provided the facilityhas a National Pollution DischargeElimination System (NPDES) permit orsends the wastewater to an NPDES-permitted facility.

(ii) A treatment, storage, or disposalfacility subject to regulation under 40CFR parts 262, 264, 265, or 266; or

(iii) A facility permitted, licensed, orregistered by a State to managemunicipal or industrial solid waste, if

the process fluids are not hazardouswaste as defined in 40 CFR part 261.

(5) Containers that are part of a closedpurge system must be covered or closedwhen not being filled or emptied.

(d) In-situ sampling systems. In-situsampling systems and sampling systemswithout purges are exempt from therequirements of paragraphs (b) and (c) ofthis section.

§ 63.1033 Open-ended valves or linesstandards.

(a) Compliance schedule. The owneror operator shall comply with thissection no later than the compliancedate specified in the referencingsubpart.

(b) Equipment and operationalrequirements. (1) Each open-endedvalve or line shall be equipped with acap, blind flange, plug, or a secondvalve, except as provided in§§ 63.1021(b), 63.1036, 63.1037, andparagraphs (c) and (d) of this section.The cap, blind flange, plug, or secondvalve shall seal the open end at all timesexcept during operations requiringprocess fluid flow through the open-ended valve or line, or duringmaintenance. The operationalprovisions of paragraphs (b)(2) and(b)(3) of this section also apply.

(2) Each open-ended valve or lineequipped with a second valve shall beoperated in a manner such that thevalve on the process fluid end is closedbefore the second valve is closed.

(3) When a double block and bleedsystem is being used, the bleed valve orline may remain open during operationsthat require venting the line between theblock valves but shall comply withparagraph (b)(1) of this section at allother times.

(c) Emergency shutdown exemption.Open-ended valves or lines in anemergency shutdown system that aredesigned to open automatically in theevent of a process upset are exemptfrom the requirements of paragraph (b)of this section.

(d) Polymerizing materials exemption.Open-ended valves or lines containingmaterials that would autocatalyticallypolymerize or, would present anexplosion, serious overpressure, or othersafety hazard if capped or equippedwith a double block and bleed system asspecified in paragraph (b) of this sectionare exempt from the requirements ofparagraph (b) of this section.

§ 63.1034 Closed vent systems and controldevices; or emissions routed to a fuel gassystem or process standards.

(a) Compliance schedule. The owneror operator shall comply with thissection no later than the compliance



date specified in the referencingsubpart.

(b) Compliance standard. (1) Ownersor operators routing emissions fromequipment leaks to a fuel gas system orprocess shall comply with theprovisions of subpart SS of this part,except as provided in § 63.1002(b).

(2) Owners or operators of closed ventsystems and control devices used tocomply with the provisions of thissubpart shall comply with theprovisions of subpart SS of this part and(b)(2)(i) through (b)(2)(iii) of thissection, except as provided in§ 63.1002(b).

(i) Nonflare control devices shall bedesigned and operated to reduceemissions of regulated material ventedto them with an efficiency of 95 percentor greater, or to an exit concentration of20 parts per million by volume,whichever is less stringent. The 20 partsper million by volume standard is notapplicable to the provisions of§ 63.1016.

(ii) Enclosed combustion devices shallbe designed and operated to reduceemissions of regulated material ventedto them with an efficiency of 95 percentor greater, or to an exit concentration of20 parts per million by volume, on a drybasis, corrected to 3 percent oxygen,whichever is less stringent, or toprovide a minimum residence time of0.50 seconds at a minimum temperatureof 760° C (1400° F).

(iii) Flares used to comply with theprovisions of this subpart shall complywith the requirements of subpart SS ofthis part.

§ 63.1035 Quality improvement programfor pumps.

(a) Criteria. If, on a 6-month rollingaverage, at least the greater of either 10percent of the pumps in a process unitor affected facility (or plant site) or threepumps in a process unit or affectedfacility (or plant site) leak, the owner oroperator shall comply with therequirements specified in paragraphs(a)(1) and (a)(2) of this section.

(1) Pumps that are in food andmedical service or in polymerizingmonomer service shall comply with allrequirements except for those specifiedin paragraph (d)(8) of this section.

(2) Pumps that are not in food andmedical or polymerizing monomerservice shall comply with all of therequirements of this section.

(b) Exiting the QIP. The owner oroperator shall comply with therequirements of this section until thenumber of leaking pumps is less thanthe greater of either 10 percent of thepumps or three pumps, calculated as a6-month rolling average, in the process

unit or affected facility (or plant site).Once the performance level is achieved,the owner or operator shall comply withthe requirements in § 63.1026.

(c) Resumption of QIP. If, in asubsequent monitoring period, theprocess unit or affected facility (or plantsite) has greater than either 10 percentof the pumps leaking or three pumpsleaking (calculated as a 6-month rollingaverage), the owner or operator shallresume the quality improvementprogram starting at performance trials.

(d) QIP requirements. The qualityimprovement program shall meet therequirements specified in paragraphs(d)(1) through (d)(8) of this section.

(1) The owner or operator shallcomply with the requirements in§ 63.1026.

(2) Data collection. The owner oroperator shall collect the data specifiedin paragraphs (d)(2)(i) through (d)(2)(v)of this section and maintain records foreach pump in each process unit oraffected facility (or plant site) subject tothe quality improvement program. Thedata may be collected and the recordsmay be maintained on a process unit,affected facility, or plant site basis.

(i) Pump type (e.g., piston, horizontalor vertical centrifugal, gear, bellows);pump manufacturer; seal type andmanufacturer; pump design (e.g.,external shaft, flanged body); materialsof construction; if applicable, barrierfluid or packing material; and yearinstalled.

(ii) Service characteristics of thestream such as discharge pressure,temperature, flow rate, corrosivity, andannual operating hours.

(iii) The maximum instrumentreadings observed in each monitoringobservation before repair, responsefactor for the stream if appropriate,instrument model number, and date ofthe observation.

(iv) If a leak is detected, the repairmethods used and the instrumentreadings after repair.

(v) If the data will be analyzed as partof a larger analysis program involvingdata from other plants or other types ofprocess units or affected facilities, adescription of any maintenance orquality assurance programs used in theprocess unit or affected facility that areintended to improve emissionperformance.

(3) The owner or operator shallcontinue to collect data on the pumpsas long as the process unit or affectedfacility (or plant site) remains in thequality improvement program.

(4) Pump or pump seal inspection.The owner or operator shall inspect allpumps or pump seals that exhibitedfrequent seal failures and were removed

from the process unit or affected facilitydue to leaks. The inspection shalldetermine the probable cause of thepump seal failure or of the pump leakand shall include recommendations, asappropriate, for design changes orchanges in specifications to reduce leakpotential.

(5)(i) Data analysis. The owner oroperator shall analyze the data collectedto comply with the requirements ofparagraph (d)(2) of this section todetermine the services, operating ormaintenance practices, and pump orpump seal designs or technologies thathave poorer than average emissionperformance and those that have betterthan average emission performance. Theanalysis shall determine if specifictrouble areas can be identified on thebasis of service, operating conditions ormaintenance practices, equipmentdesign, or other process-specific factors.

(ii) The analysis shall also be used todetermine if there are superiorperforming pump or pump sealtechnologies that are applicable to theservice(s), operating conditions, orpump or pump seal designs associatedwith poorer than average emissionperformance. A superior performingpump or pump seal technology is onewith a leak frequency of less than 10percent for specific applications in theprocess unit, affected facility, or plantsite. A candidate superior performingpump or pump seal technology is onedemonstrated or reported in theavailable literature or through a groupstudy as having low emissionperformance and as being capable ofachieving less than 10 percent leakingpumps in the process unit or affectedfacility (or plant site).

(iii) The analysis shall includeconsideration of the informationspecified in paragraphs (d)(5)(iii)(A)through (d)(5)(iii)(C) of this section.

(A) The data obtained from theinspections of pumps and pump sealsremoved from the process unit oraffected facility due to leaks;

(B) Information from the availableliterature and from the experience ofother plant sites that will identify pumpdesigns or technologies and operatingconditions associated with low emissionperformance for specific services; and

(C) Information on limitations on theservice conditions for the pump sealtechnology operating conditions as wellas information on maintenanceprocedures to ensure continued lowemission performance.

(iv) The data analysis may beconducted through an inter- or intra-company program (or through somecombination of the two approaches) andmay be for a single process unit, a plant



site, a company, or a group of processunits.

(v) The first analysis of the data shallbe completed no later than 18 monthsafter the start of the qualityimprovement program. The firstanalysis shall be performed using datacollected for a minimum of 6 months.An analysis of the data shall be doneeach year the process unit or affectedfacility is in the quality improvementprogram.

(6) Trial evaluation program. A trialevaluation program shall be conductedat each plant site for which the dataanalysis does not identify use ofsuperior performing pump sealtechnology or pumps that can beapplied to the areas identified as havingpoorer than average performance, exceptas provided in paragraph (d)(6)(v) of thissection. The trial program shall be usedto evaluate the feasibility of using in theprocess unit or affected facility (or plantsite) the pump designs or sealtechnologies, and operating andmaintenance practices that have beenidentified by others as having lowemission performance.

(i) The trial evaluation program shallinclude on-line trials of pump sealtechnologies or pump designs andoperating and maintenance practicesthat have been identified in theavailable literature or in analysis byothers as having the ability to performwith leak rates below 10 percent insimilar services, as having lowprobability of failure, or as having noexternal actuating mechanism in contactwith the process fluid. If any of thecandidate superior performing pumpseal technologies or pumps is notincluded in the performance trials, thereasons for rejecting specifictechnologies from consideration shall bedocumented as required in paragraph(e)(3)(ii) of this section.

(ii) The number of pump sealtechnologies or pumps in the trialevaluation program shall be the lesser of1 percent or two pumps for programsinvolving single process units oraffected facilities and the lesser of 1percent or five pumps for programsinvolving a plant site or groups ofprocess units or affected facilities. Theminimum number of pumps or pumpseal technologies in a trial program shallbe one.

(iii) The trial evaluation program shallspecify and include documentation ofthe information specified in paragraphs(d)(6)(iii)(A) through (d)(6)(iii)(D) of thissection.

(A) The candidate superiorperforming pump seal designs ortechnologies to be evaluated, the stagesfor evaluating the identified candidate

pump designs or pump sealtechnologies, including the time periodnecessary to test the applicability;

(B) The frequency of monitoring orinspection of the equipment;

(C) The range of operating conditionsover which the component will beevaluated; and

(D) Conclusions regarding theemission performance and theappropriate operating conditions andservices for the trial pump sealtechnologies or pumps.

(iv) The performance trials shallinitially be conducted, at least, for a 6-month period beginning not later than18 months after the start of the qualityimprovement program. No later than 24months after the start of the qualityimprovement program, the owner oroperator shall have identified pump sealtechnologies or pump designs that,combined with appropriate process,operating, and maintenance practices,operate with low emission performancefor specific applications in the processunit or affected facility. The owner oroperator shall continue to conductperformance trials as long as no superiorperforming design or technology hasbeen identified, except as provided inparagraph (d)(6)(vi) of this section. Theinitial list of superior emissionperformance pump designs or pumpseal technologies shall be amended inthe future, as appropriate, as additionalinformation and experience areobtained.

(v) Any plant site with fewer than 400valves and owned by a corporation withfewer than 100 employees shall beexempt from trial evaluations of pumpseals or pump designs. Plant sitesexempt from the trial evaluations ofpumps shall begin the pump seal orpump replacement program at the startof the fourth year of the qualityimprovement program.

(vi) An owner or operator who hasconducted performance trials on allalternative superior emissionperformance technologies suitable forthe required applications in the processunit or affected facility may stopconducting performance trials providedthat a superior performing design ortechnology has been demonstrated orthere are no technically feasiblealternative superior technologiesremaining. The owner or operator shallprepare an engineering evaluationdocumenting the physical, chemical, orengineering basis for the judgment thatthe superior emission performancetechnology is technically infeasible ordemonstrating that it would not reduceemissions.

(7) Quality assurance program. Eachowner or operator shall prepare and

implement a pump quality assuranceprogram that details purchasingspecifications and maintenanceprocedures for all pumps and pumpseals in the process unit or affectedfacility. The quality assurance programmay establish any number of categories,or classes, of pumps as needed todistinguish among operating conditionsand services associated with poorer thanaverage emission performance as well asthose associated with better thanaverage emission performance. Thequality assurance program shall bedeveloped considering the findings ofthe data analysis required underparagraph (d)(5) of this section; and, ifapplicable, the findings of the trialevaluation required in paragraph (d)(6)of this section; and the operatingconditions in the process unit oraffected facility. The quality assuranceprogram shall be updated each year aslong as the process unit or affectedfacility has the greater of either 10percent or more leaking pumps or hasthree leaking pumps.

(i) The quality assurance programshall meet the requirements specified inparagraphs (d)(7)(i)(A) through(d)(7)(i)(D) of this section.

(A) Establish minimum designstandards for each category of pumps orpump seal technology. The designstandards shall specify known criticalparameters such as tolerance,manufacturer, materials of construction,previous usage, or other applicableidentified critical parameters;

(B) Require that all equipment ordersspecify the design standard (orminimum tolerances) for the pump orthe pump seal;

(C) Provide for an audit procedure forquality control of purchased equipmentto ensure conformance with purchasespecifications. The audit program maybe conducted by the owner or operatorof the plant site or process unit oraffected facility, or by a designatedrepresentative; and

(D) Detail off-line pump maintenanceand repair procedures. Theseprocedures shall include provisions toensure that rebuilt or refurbished pumpsand pump seals will meet the designspecifications for the pump categoryand will operate so that emissions areminimized.

(ii) The quality assurance programshall be established no later than thestart of the third year of the qualityimprovement program for plant siteswith 400 or more valves or 100 or moreemployees; and no later than the start ofthe fourth year of the qualityimprovement program for plant siteswith less than 400 valves and less than100 employees.



(8) Pump or pump seal replacement.Three years after the start of the qualityimprovement program for plant siteswith 400 or more valves or 100 or moreemployees and at the start of the fourthyear of the quality improvementprogram for plant sites with less than400 valves and less than 100 employees,the owner or operator shall replace, asdescribed in paragraphs (d)(8)(i) and(d)(8)(ii) of this section, the pumps orpump seals that are not superioremission performance technology withpumps or pump seals that have beenidentified as superior emissionperformance technology and thatcomply with the quality assurancestandards for the pump category.Superior emission performancetechnology is that category or design ofpumps or pump seals with emissionperformance that when combined withappropriate process, operating, andmaintenance practices, will result inless than 10 percent leaking pumps forspecific applications in the process unit,affected facility, or plant site. Superioremission performance technologyincludes material or design changes tothe existing pump, pump seal, sealsupport system, installation of multiplemechanical seals or equivalent, or pumpreplacement.

(i) Pumps or pump seals shall bereplaced at the rate of 20 percent peryear based on the total number ofpumps in light liquid service. Thecalculated value shall be rounded to thenearest nonzero integer value. Theminimum number of pumps or pumpseals shall be one. Pump replacementshall continue until all pumps subject tothe requirements of § 63.1026 are pumpsdetermined to be superior performancetechnology.

(ii) The owner or operator may delayreplacement of pump seals or pumpswith superior technology until the nextplanned process unit or affected facilityshutdown, provided the number ofpump seals and pumps replaced isequivalent to the 20 percent or greaterannual replacement rate.

(iii) The pumps shall be maintainedas specified in the quality assuranceprogram.

(e) QIP recordkeeping. In addition tothe records required by paragraph (d)(2)of this section, the owner or operatorshall maintain records for the period ofthe quality improvement program forthe process unit or affected facility asspecified in paragraphs (e)(1) through(e)(6) of this section.

(1) When using a pump qualityimprovement program as specified inthis section, record the informationspecified in paragraphs (e)(1)(i) through(e)(1)(iii) of this section.

(i) The rolling average percent leakingpumps.

(ii) Documentation of all inspectionsconducted under the requirements ofparagraph (d)(4) of this section, and anyrecommendations for design orspecification changes to reduce leakfrequency.

(iii) The beginning and ending dateswhile meeting the requirements ofparagraph (d) of this section.

(2) If a leak is not repaired within 15calendar days after discovery of theleak, the reason for the delay and theexpected date of successful repair.

(3) Records of all analyses required inparagraph (d) of this section. Therecords will include the informationspecified in paragraphs (e)(3)(i) through(e)(3)(iv) of this section.

(i) A list identifying areas associatedwith poorer than average performanceand the associated servicecharacteristics of the stream, theoperating conditions and maintenancepractices.

(ii) The reasons for rejecting specificcandidate superior emission performingpump technology from performancetrials.

(iii) The list of candidate superioremission performing valve or pumptechnologies, and documentation of theperformance trial program itemsrequired under paragraph (d)(6)(iii) ofthis section.

(iv) The beginning date and durationof performance trials of each candidatesuperior emission performingtechnology.

(4) All records documenting thequality assurance program for pumps asspecified in paragraph (d)(7) of thissection, including records indicatingthat all pumps replaced or modifiedduring the period of the qualityimprovement program are incompliance with the quality assurance.

(5) Records documenting compliancewith the 20 percent or greater annualreplacement rate for pumps as specifiedin paragraph (d)(8) of this section.

(6) Information and data to show thecorporation has fewer than 100employees, including employeesproviding professional and technicalcontracted services.

§ 63.1036 Alternative means of emissionlimitation: Batch processes.

(a) General requirement. As analternative to complying with therequirements of §§ 63.1025 through63.1033 and § 63.1035, an owner oroperator of a batch process that operatesin regulated material service during thecalendar year may comply with one ofthe standards specified in paragraphs (b)and (c) of this section, or the owner or

operator may petition for approval of analternative standard under theprovisions of § 63.1021(b). Thealternative standards of this sectionprovide the options of pressure testingor monitoring the equipment for leaks.The owner or operator may switchamong the alternatives provided thechange is documented as specified inparagraph (b)(7) of this section.

(b) Pressure testing of the batchequipment. The following requirementsshall be met if an owner or operatorelects to use pressure testing of batchproduct-process equipment todemonstrate compliance with thissubpart.

(1) Reconfiguration. Each timeequipment is reconfigured forproduction of a different product orintermediate, the batch product-processequipment train shall be pressure-testedfor leaks before regulated material isfirst fed to the equipment and theequipment is placed in regulatedmaterial service.

(i) When the batch product-processequipment train is reconfigured toproduce a different product, pressuretesting is required only for the new ordisturbed equipment.

(ii) Each batch product process thatoperates in regulated material serviceduring a calendar year shall be pressure-tested at least once during that calendaryear.

(iii) Pressure testing is not requiredfor routine seal breaks, such as changinghoses or filters, that are not part of thereconfiguration to produce a differentproduct or intermediate.

(2) Testing procedures. The batchproduct process equipment shall betested either using the proceduresspecified in paragraph (b)(5) of thissection for pressure vacuum loss or witha liquid using the procedures specifiedin paragraph (b)(6) of this section.

(3) Leak detection. (i) For pressure orvacuum tests using a gas, a leak isdetected if the rate of change in pressureis greater than 6.9 kilopascals (1 poundper square inch gauge) in 1 hour or ifthere is visible, audible, or olfactoryevidence of fluid loss.

(ii) For pressure tests using a liquid,a leak is detected if there are indicationsof liquids dripping or if there is otherevidence of fluid loss.

(4) Leak repair. (i) If a leak is detected,it shall be repaired and the batchproduct-process equipment shall beretested before start-up of the process.

(ii) If a batch product-process fails theretest (the second of two consecutivepressure tests), it shall be repaired assoon as practical, but not later than 30calendar days after the second pressure



test except as specified in paragraph (e)of this section.

(5) Gas pressure test procedure forpressure or vacuum loss. Theprocedures specified in paragraphs(b)(5)(i) through (b)(5)(v) of this sectionshall be used to pressure test batchproduct-process equipment for pressureor vacuum loss to demonstratecompliance with the requirements ofparagraph (b)(3)(i) of this section.

(i) The batch product-processequipment train shall be pressurizedwith a gas to a pressure less than the setpressure of any safety relief devices orvalves or to a pressure slightly above theoperating pressure of the equipment, oralternatively the equipment shall beplaced under a vacuum.

(ii) Once the test pressure is obtained,the gas source or vacuum source shallbe shut off.

(iii) The test shall continue for notless than 15 minutes unless it can bedetermined in a shorter period of timethat the allowable rate of pressure dropor of pressure rise was exceeded. Thepressure in the batch product-processequipment shall be measured after thegas or vacuum source is shut off and atthe end of the test period. The rate ofchange in pressure in the batch product-process equipment shall be calculatedusing the following equation:

∆ P t P P t t Eqf i f i/ / [ .( ) = −( ) −( ) 5]

Where:> (P/t) = Change in pressure, pounds

per square inch gauge per hour.Pf = Final pressure, pounds per square

inch gauge.Pi = Initial pressure, pounds per square

inch gauge.tf ¥ ti = Elapsed time, hours.

(iv) The pressure shall be measuredusing a pressure measurement device(gauge, manometer, or equivalent) thathas a precision of ±2.5 millimetermercury (0.10 inch of mercury) in therange of test pressure and is capable ofmeasuring pressures up to the relief setpressure of the pressure relief device. Ifsuch a pressure measurement device isnot reasonably available, the owner oroperator shall use a pressuremeasurement device with a precision ofat least ± 10 percent of the test pressureof the equipment and shall extend theduration of the test for the timenecessary to detect a pressure loss orrise that equals a rate of 1 pound persquare inch gauge per hour (7kilopascals per hour).

(v) An alternative procedure may beused for leak testing the equipment ifthe owner or operator demonstrates thealternative procedure is capable ofdetecting a pressure loss or rise.

(6) Pressure test procedure using testliquid. The procedures specified inparagraphs (b)(6)(i) through (b)(6)(iv) ofthis section shall be used to pressure-test batch product-process equipmentusing a liquid to demonstratecompliance with the requirements ofparagraph (b)(3)(ii) of this section.

(i) The batch product-processequipment train, or section of theequipment train, shall be filled with thetest liquid (e.g., water, alcohol) untilnormal operating pressure is obtained.Once the equipment is filled, the liquidsource shall be shut off.

(ii) The test shall be conducted for aperiod of at least 60 minutes, unless itcan be determined in a shorter period oftime that the test is a failure.

(iii) Each seal in the equipment beingtested shall be inspected for indicationsof liquid dripping or other indicationsof fluid loss. If there are any indicationsof liquids dripping or of fluid loss, aleak is detected.

(iv) An alternative procedure may beused for leak testing the equipment, ifthe owner or operator demonstrates thealternative procedure is capable ofdetecting losses of fluid.

(7) Pressure testing recordkeeping.The owner or operator of a batchproduct process who elects to pressuretest the batch product processequipment train to demonstratecompliance with this subpart shallmaintain records of the informationspecified in paragraphs (b)(7)(i) through(b)(7)(v) of this section.

(i) The identification of each product,or product code, produced during thecalendar year. It is not necessary toidentify individual items of equipmentin a batch product process equipmenttrain.

(ii) Physical tagging of the equipmentto identify that it is in regulated materialservice and subject to the provisions ofthis subpart is not required. Equipmentin a batch product process subject to theprovisions of this subpart may beidentified on a plant site plan, in logentries, or by other appropriatemethods.

(iii) The dates of each pressure testrequired in paragraph (b) of this section,the test pressure, and the pressure dropobserved during the test.

(iv) Records of any visible, audible, orolfactory evidence of fluid loss.

(v) When a batch product processequipment train does not pass twoconsecutive pressure tests, theinformation specified in paragraphs(b)(7)(v)(A) through (b)(7)(v)(E) of thissection shall be recorded in a log andkept for 2 years:

(A) The date of each pressure test andthe date of each leak repair attempt.

(B) Repair methods applied in eachattempt to repair the leak.

(C) The reason for the delay of repair.(D) The expected date for delivery of

the replacement equipment and theactual date of delivery of thereplacement equipment; and

(E) The date of successful repair.(c) Equipment monitoring. The

following requirements shall be met ifan owner or operator elects to monitorthe equipment in a batch process todetect leaks by the method specified in§ 63.1023(b) and, as applicable,§ 63.1023(c), to demonstrate compliancewith this subpart.

(1) The owner or operator shallcomply with the requirements of§§ 63.1025 through 63.1035 as modifiedby paragraphs (c)(2) through (c)(4) ofthis section.

(2) The equipment shall be monitoredfor leaks by the method specified in§ 63.1023(b) and, as applicable,§ 63.1023(c), when the equipment is inregulated material service or is in usewith any other detectable material.

(3) The equipment shall be monitoredfor leaks as specified in paragraphs(c)(3)(i) through (c)(3)(iv) of this section.

(i) Each time the equipment isreconfigured for the production of a newproduct, the reconfigured equipmentshall be monitored for leaks within 30days of start-up of the process. Thisinitial monitoring of reconfiguredequipment shall not be included indetermining percent leaking equipmentin the process unit or affected facility.

(ii) Connectors shall be monitored inaccordance with the requirements in§ 63.1027.

(iii) Equipment other than connectorsshall be monitored at the frequenciesspecified in table 1 to this subpart. Theoperating time shall be determined asthe proportion of the year the batchproduct-process that is subject to theprovisions of this subpart is operating.

(iv) The monitoring frequenciesspecified in paragraph (c)(3)(iii) of thissection are not requirements formonitoring at specific intervals and canbe adjusted to accommodate processoperations. An owner or operator maymonitor anytime during the specifiedmonitoring period (e.g., month, quarter,year), provided the monitoring isconducted at a reasonable interval aftercompletion of the last monitoringcampaign. For example, if theequipment is not operating during thescheduled monitoring period, themonitoring can be done during the nextperiod when the process is operating.

(4) If a leak is detected, it shall berepaired as soon as practical but notlater than 15 calendar days after it is



detected, except as provided inparagraph (e) of this section.

(d) Added equipment recordkeeping.(1) For batch product-process units oraffected facilities that the owner oroperator elects to monitor as providedunder paragraph (c) of this section, theowner or operator shall prepare a list ofequipment added to batch productprocess units or affected facilities sincethe last monitoring period required inparagraphs (c)(3)(ii) and (c)(3)(iii) of thissection.

(2) Maintain records demonstratingthe proportion of the time during thecalendar year the equipment is in use ina batch process that is subject to theprovisions of this subpart. Examples ofsuitable documentation are records oftime in use for individual pieces ofequipment or average time in use for theprocess unit or affected facility. Theserecords are not required if the owner oroperator does not adjust monitoringfrequency by the time in use, asprovided in paragraph (c)(3)(iii) of thissection.

(3) Record and keep pursuant to thereferencing subpart and this subpart, thedate and results of the monitoringrequired in paragraph (c)(3)(i) of thissection for equipment added to a batchproduct-process unit or affected facilitysince the last monitoring periodrequired in paragraphs (c)(3)(ii) and(c)(3)(iii) of this section. If no leakingequipment is found during thismonitoring, the owner or operator shallrecord that the inspection wasperformed. Records of the actualmonitoring results are not required.

(e) Delay of repair. Delay of repair ofequipment for which leaks have beendetected is allowed if the replacementequipment is not available providing theconditions specified in paragraphs (e)(1)and (e)(2) of this section are met.

(1) Equipment supplies have beendepleted and supplies had beensufficiently stocked before the supplieswere depleted.

(2) The repair is made no later than10 calendar days after delivery of thereplacement equipment.

(f) Periodic report contents. Forowners or operators electing to meet therequirements of paragraph (b) of thissection, the Periodic Report to be filedpursuant to § 63.1039(b) shall includethe information listed in paragraphs(f)(1) through (f)(4) of this section foreach process unit.

(1) Batch product process equipmenttrain identification;

(2) The number of pressure testsconducted;

(3) The number of pressure testswhere the equipment train failed the

pressure test; and (4) The facts thatexplain any delay of repairs.

§ 63.1037 Alternative means of emissionlimitation: Enclosed-vented process unitsor affected facilities.

(a) Use of closed vent system andcontrol device. Process units or affectedfacilities or portions of process units ataffected facilities enclosed in such amanner that all emissions fromequipment leaks are vented through aclosed vent system to a control deviceor routed to a fuel gas system or processmeeting the requirements of § 63.1034are exempt from the requirements of§§ 63.1025 through 63.1033 and63.1035. The enclosure shall bemaintained under a negative pressure atall times while the process unit oraffected facility is in operation to ensurethat all emissions are routed to a controldevice.

(b) Recordkeeping. Owners andoperators choosing to comply with therequirements of this section shallmaintain the records specified inparagraphs (b)(1) through (b)(3) of thissection.

(1) Identification of the process unit(s)or affected facilities and the regulatedmaterials they handle.

(2) A schematic of the process unit oraffected facility, enclosure, and closedvent system.

(3) A description of the system usedto create a negative pressure in theenclosure to ensure that all emissionsare routed to the control device.

§ 63.1038 Recordkeeping requirements.(a) Recordkeeping system. An owner

or operator of more than one regulatedsource subject to the provisions of thissubpart may comply with therecordkeeping requirements for theseregulated sources in one recordkeepingsystem. The recordkeeping system shallidentify each record by regulated sourceand the type of program beingimplemented (e.g., quarterly monitoring,quality improvement) for each type ofequipment. The records required by thissubpart are summarized in paragraphs(b) and (c) of this section.

(b) General equipment leak records.(1) As specified in § 63.1022(a) and (b),the owner or operator shall keep generaland specific equipment identification ifthe equipment is not physically taggedand the owner or operator is electing toidentify the equipment subject to thissubpart through written documentationsuch as a log or other designation.

(2) The owner or operator shall keepa written plan as specified in§ 63.1022(c)(4) for any equipment that isdesignated as unsafe- or difficult-to-monitor.

(3) The owner or operator shallmaintain a record of the identity and anexplanation as specified in§ 63.1022(d)(2) for any equipment that isdesignated as unsafe-to-repair.

(4) As specified in § 63.1022(e), theowner or operator shall maintain theidentity of compressors operating withan instrument reading of less than 500parts per million.

(5) The owner or operator shall keeprecords associated with thedetermination that equipment is inheavy liquid service as specified in§ 63.1022(f).

(6) The owner or operator shall keeprecords for leaking equipment asspecified in § 63.1023(e)(2).

(7) The owner or operator shall keeprecords for leak repair as specified in§ 63.1024(f) and records for delay ofrepair as specified in § 63.1024(d).

(c) Specific equipment leak records.(1) For valves, the owner or operatorshall maintain the records specified inparagraphs (c)(1)(i) and (c)(1)(ii) of thissection.

(i) The monitoring schedule for eachprocess unit as specified in§ 63.1025(b)(3)(vi).

(ii) The valve subgrouping recordsspecified in § 63.1025(b)(4)(iv), ifapplicable.

(2) For pumps, the owner or operatorshall maintain the records specified inparagraphs (c)(2)(i) through (c)(2)(iii) ofthis section.

(i) Documentation of pump visualinspections as specified in§ 63.1026(b)(4).

(ii) Documentation of dualmechanical seal pump visualinspections as specified in§ 63.1026(e)(1)(v).

(iii) For the criteria as to the presenceand frequency of drips for dualmechanical seal pumps, records of thedesign criteria and explanations and anychanges and the reason for the changes,as specified in § 63.1026(e)(1)(i).

(3) For connectors, the owner oroperator shall maintain the monitoringschedule for each process unit asspecified in § 63.1027(b)(3)(v).

(4) For agitators, the owner oroperator shall maintain the followingrecords:

(i) Documentation of agitator sealvisual inspections as specified in§ 63.1028; and

(ii) For the criteria as to the presenceand frequency of drips for agitators, theowner or operator shall keep records ofthe design criteria and explanations andany changes and the reason for thechanges, as specified in§ 63.1028(e)(1)(vi).

(5) For pressure relief devices in gasand vapor or light liquid service, the



owner or operator shall keep records ofthe dates and results of monitoringfollowing a pressure release, asspecified in § 63.1030(c)(3).

(6) For compressors, the owner oroperator shall maintain the recordsspecified in paragraphs (c)(6)(i) and(c)(6)(ii) of this section.

(i) For criteria as to failure of the sealsystem and/or the barrier fluid system,record the design criteria andexplanations and any changes and thereason for the changes, as specified in§ 63.1031(d)(2).

(ii) For compressors operating underthe alternative compressor standard,record the dates and results of eachcompliance test as specified in§ 63.1031(f)(2).

(7) For a pump QIP program, theowner or operator shall maintain therecords specified in paragraphs (c)(7)(i)through (c)(7)(v) of this section.

(i) Individual pump records asspecified in § 63.1035(d)(2).

(ii) Trial evaluation programdocumentation as specified in§ 63.1035(d)(6)(iii).

(iii) Engineering evaluationdocumenting the basis for judgementthat superior emission performancetechnology is not applicable as specifiedin § 63.1035(d)(6)(vi).

(iv) Quality assurance programdocumentation as specified in§ 63.1035(d)(7).

(v) QIP records as specified in§ 63.1035(e).

(8) For process units complying withthe batch process unit alternative, theowner or operator shall maintain therecords specified in paragraphs (c)(8)(i)and (c)(8)(ii) of this section.

(i) Pressure test records as specified in§ 63.1036(b)(7).

(ii) Records for equipment added tothe process unit as specified in§ 63.1036(d).

(9) For process units complying withthe enclosed-vented process unitalternative, the owner or operator shallmaintain the records for enclosed-vented process units as specified in§ 63.1037(b).

§ 63.1039 Reporting requirements.(a) Initial Compliance Status Report.

Each owner or operator shall submit anInitial Compliance Status Report

according to the procedures in thereferencing subpart. The notificationshall include the information listed inparagraphs (a)(1) through (a)(3) of thissection, as applicable.

(1) The notification shall provide theinformation listed in paragraphs (a)(1)(i)through (a)(1)(iv) of this section for eachprocess unit or affected facility subjectto the requirements of this subpart.


(ii) Number of each equipment type(e.g., valves, pumps) excludingequipment in vacuum service.

(iii) Method of compliance with thestandard (e.g., ‘‘monthly leak detectionand repair’’ or ‘‘equipped with dualmechanical seals’’).

(iv) Planned schedule forrequirements in §§ 63.1025 and 63.1026.

(2) The notification shall provide theinformation listed in paragraphs (a)(2)(i)and (a)(2)(ii) of this section for eachprocess unit or affected facility subjectto the requirements of § 63.1036(b).

(i) Batch products or product codessubject to the provisions of this subpart,and

(ii) Planned schedule for pressuretesting when equipment is configuredfor production of products subject to theprovisions of this subpart.

(3) The notification shall provide theinformation listed in paragraphs (a)(3)(i)and (a)(3)(ii) of this section for eachprocess unit or affected facility subjectto the requirements in § 63.1037.


(ii) A description of the system usedto create a negative pressure in theenclosure and the control device used tocomply with the requirements of§ 63.1034 of this part.

(b) Periodic Reports. The owner oroperator shall report the informationspecified in paragraphs (b)(1) through(b)(8) of this section, as applicable, inthe Periodic Report specified in thereferencing subpart.

(1) For the equipment specified inparagraphs (b)(1)(i) through (b)(1)(v) ofthis section, report in a summary formatby equipment type, the number ofcomponents for which leaks weredetected and for valves, pumps andconnectors show the percent leakers,and the total number of components

monitored. Also include the number ofleaking components that were notrepaired as required by § 63.1024, andfor valves and connectors, identify thenumber of components that aredetermined by § 63.1025(c)(3) to benonrepairable.

(i) Valves in gas and vapor service andin light liquid service pursuant to§ 63.1025(b) and (c).

(ii) Pumps in light liquid servicepursuant to § 63.1026(b) and (c).

(iii) Connectors in gas and vaporservice and in light liquid servicepursuant to § 63.1027(b) and (c).

(iv) Agitators in gas and vapor serviceand in light liquid service pursuant to§ 63.1028(c).

(v) Compressors pursuant to§ 63.1031(d).

(2) Where any delay of repair isutilized pursuant to § 63.1024(d), reportthat delay of repair has occurred andreport the number of instances of delayof repair.

(3) If applicable, report the valvesubgrouping information specified in§ 63.1025(b)(4)(iv).

(4) For pressure relief devices in gasand vapor service pursuant to§ 63.1030(b) and for compressorspursuant to § 63.1031(f) that are to beoperated at a leak detection instrumentreading of less than 500 parts permillion, report the results of allmonitoring to show complianceconducted within the semiannualreporting period.

(5) Report, if applicable, the initiationof a monthly monitoring program forvalves pursuant to § 63.1025(b)(3)(i).

(6) Report, if applicable, the initiationof a quality improvement program forpumps pursuant to § 63.1035.

(7) Where the alternative means ofemissions limitation for batch processesis utilized, report the information listedin § 63.1036(f).

(8) Report the information listed inparagraph (a) of this section for theInitial Compliance Status Report forprocess units or affected facilities withlater compliance dates. Report anyrevisions to items reported in an earlierInitial Compliance Status Report if themethod of compliance has changedsince the last report.

TABLE 1 TO SUBPART UU.—BATCH PROCESSES MONITORING FREQUENCY FOR EQUIPMENT OTHER THAN CONNECTORS

Operating time(% of year)

Equivalent continuous process monitoring frequencytime in use

Monthly Quarterly Semiannually

0 to <25% ......................................................................................................................... Quarterly ........... Annually ............ Annually.25 to <50% ......................................................................................................................... Quarterly ........... Semiannually .... Annually.50 to <75% ......................................................................................................................... Bimonthly .......... Three times ...... Semiannually.



TABLE 1 TO SUBPART UU.—BATCH PROCESSES MONITORING FREQUENCY FOR EQUIPMENT OTHER THANCONNECTORS—Continued

Operating time(% of year)

Equivalent continuous process monitoring frequencytime in use

Monthly Quarterly Semiannually

75 to 100% ......................................................................................................................... Monthly ............. Quarterly ........... Semiannually.

5. Part 63 is amended by addingsubpart WW, consisting of §§ 63.1060through 63.1066, to read as follows.

Subpart WW—National EmissionStandards for Storage Vessels(Tanks)—Control Level 2

Sec.63.1060 Applicability.63.1061 Definitions.63.1062 Storage vessel control

requirements.63.1063 Floating roof requirements.63.1064 Alternative means of emission

limitation.63.1065 Recordkeeping requirements.63.1066 Reporting requirements.

Subpart WW—National EmissionStandards for Storage Vessels(Tanks)—Control Level 2

§ 63.1060 Applicability.The provisions of this subpart apply

to the control of air emissions fromstorage vessels for which anothersubpart references the use of thissubpart for such air emission control.These air emission standards for storagevessels are placed here foradministrative convenience and onlyapply to those owners and operators offacilities subject to a referencingsubpart. The provisions of subpart A(General Provisions) of this part do notapply to this subpart except as noted inthe referencing subpart.

§ 63.1061 Definitions.All terms used in this subpart shall

have the meaning given them in the Actand in this section.

Capacity means the volume of liquidthat is capable of being stored in avessel, determined by multiplying thevessel’s internal cross-sectional area bythe internal height of the shell.

Deck cover means a device whichcovers an opening in a floating roofdeck. Some deck covers movehorizontally relative to the deck (i.e., asliding cover).

Empty or emptying means the partialor complete removal of stored liquidfrom a storage vessel. Storage vesselsthat contain liquid only as wall orbottom clingage, or in pools due tobottom irregularities, are consideredcompletely empty.

External floating roof or EFR means afloating roof located in a storage vesselwithout a fixed roof.

Fill or filling means the introductionof liquid into a storage vessel, but notnecessarily to capacity.

Fixed roof means a roof that ismounted (i.e., permanently affixed) on astorage vessel and that does not movewith fluctuations in stored liquid level.

Flexible fabric sleeve seal means aseal made of an elastomeric fabric (orother material) which covers an openingin a floating roof deck, and whichallows the penetration of a fixed roofsupport column. The seal is attached tothe rim of the deck opening and extendsto the outer surface of the column. Theseal is draped (but does not contact thestored liquid) to allow the horizontalmovement of the deck relative to thecolumn.

Floating roof means a roof that floatson the surface of the liquid in a storagevessel. A floating roof substantiallycovers the stored liquid surface (but isnot necessarily in contact with theentire surface), and is comprised of adeck, a rim seal, and miscellaneousdeck fittings.

Initial fill or initial filling means thefirst introduction of liquid into a storagevessel that is either newly constructedor has not been in liquid service for ayear or longer.

Internal floating roof or IFR means afloating roof located in a storage vesselwith a fixed roof. For the purposes ofthis subpart, an external floating rooflocated in a storage vessel to which afixed roof has been added is consideredto be an internal floating roof.

Liquid-mounted seal means a resilientor liquid-filled rim seal designed tocontact the stored liquid.

Mechanical shoe seal or metallic shoeseal means a rim seal consisting of aband of metal (or other suitablematerial) as the sliding contact with thewall of the storage vessel, and a fabricseal to close the annular space betweenthe band and the rim of the floating roofdeck. The band is typically formed as aseries of sheets (shoes) that areoverlapped or joined together to form aring. The lower end of the band extendsinto the stored liquid.

Pole float means a float located insidea guidepole that floats on the surface ofthe stored liquid. The rim of the floathas a wiper or seal that extends to theinner surface of the pole.

Pole sleeve means a device whichextends from either the cover or the rimof an opening in a floating roof deck tothe outer surface of a pole that passesthrough the opening. The sleeve extendsinto the stored liquid.

Pole wiper means a seal that extendsfrom either the cover or the rim of anopening in a floating roof deck to theouter surface of a pole that passesthrough the opening.

Referencing subpart means thesubpart that refers an owner or operatorto this subpart.

Rim seal means a device attached tothe rim of a floating roof deck that spansthe annular space between the deck andthe wall of the storage vessel. When afloating roof has only one such device,it is a primary seal; when there are twoseals (one mounted above the other), thelower seal is the primary seal and theupper seal is the secondary seal.

Slotted guidepole means a guidepoleor gaugepole that has slots or holesthrough the wall of the pole. The slotsor holes allow the stored liquid to flowinto the pole at liquid levels above thelowest operating level.

Storage vessel or Tank means astationary unit that is constructedprimarily of nonearthen materials (suchas wood, concrete, steel, fiberglass, orplastic) which provide structuralsupport and is designed to hold anaccumulation of liquids or othermaterials.

Vapor-mounted seal means a rim sealdesigned not to be in contact with thestored liquid. Vapor-mounted seals mayinclude, but are not limited to, resilientseals and flexible wiper seals.

§ 63.1062 Storage vessel controlrequirements.

(a) For each storage vessel to whichthis subpart applies, the owner oroperator shall comply with one of therequirements listed in paragraphs (a)(1)through (a)(3) of this section.

(1) Operate and maintain an IFR.(2) Operate and maintain an EFR.(3) Equivalent requirements. Comply

with an equivalent to the requirements



in paragraph (a)(1) or (a)(2) of thissection, as provided in § 63.1064.

(b) [Reserved]

§ 63.1063 Floating roof requirements.The owner or operator who elects to

use a floating roof to comply with therequirements of § 63.1062 shall complywith the requirements in paragraphs (a)through (e) of this section.

(a) Design requirements. (1) Rim seals.(i) Internal floating roof. An IFR shall beequipped with one of the sealconfigurations listed in paragraphs(a)(1)(i)(A) through (a)(1)(i)(C) of thissection.

(A) A liquid-mounted seal.(B) A mechanical shoe seal.(C) Two seals mounted one above the

other. The lower seal may be vapor-mounted.

(D) If the IFR is equipped with avapor-mounted seal as of the proposaldate for a referencing subpart,paragraphs (a)(1)(i)(A) through(a)(1)(i)(C) of this section do not applyuntil the next time the storage vessel iscompletely emptied and degassed, or 10years after promulgation of thereferencing subpart, whichever occursfirst.

(ii) External floating roof. An EFRshall be equipped with one of the sealconfigurations listed in paragraphs(a)(1)(ii)(A) and (a)(1)(ii)(B) of thissection.

(A) A liquid-mounted seal and asecondary seal.

(B) A mechanical shoe seal and asecondary seal. The upper end of theshoe(s) shall extend a minimum of 61centimeters (24 inches) above the storedliquid surface.

(C) If the EFR is equipped with aliquid-mounted seal or mechanical shoeseal, or a vapor-mounted seal andsecondary seal, as of the proposal datefor a referencing subpart, the sealoptions specified in paragraphs(a)(1)(ii)(A) and (a)(1)(ii)(B) of thissection do not apply until the next timethe storage vessel is completely emptiedand degassed, or 10 years after thepromulgation date of the referencingsubpart, whichever occurs first.

(2) Deck fittings. Openings throughthe deck of the floating roof shall beequipped as described in paragraphs(a)(2)(i) through (a)(2)(viii) of thissection.

(i) Each opening except those forautomatic bleeder vents (vacuumbreaker vents) and rim space vents shallhave its lower edge below the surface ofthe stored liquid.

(ii) Each opening except those forautomatic bleeder vents (vacuumbreaker vents), rim space vents, legsleeves, and deck drains shall be

equipped with a deck cover. The deckcover shall be equipped with a gasketbetween the cover and the deck.

(iii) Each automatic bleeder vent(vacuum breaker vent) and rim spacevent shall be equipped with a gasketedlid, pallet, flapper, or other closuredevice.

(iv) Each opening for a fixed roofsupport column may be equipped witha flexible fabric sleeve seal instead of adeck cover.

(v) Each opening for a sample well ordeck drain (that empties into the storedliquid) may be equipped with a slitfabric seal or similar device that coversat least 90 percent of the opening,instead of a deck cover.

(vi) Each cover on access hatches andgauge float wells shall be designed to bebolted or fastened when closed.

(vii) Each opening for an unslottedguidepole shall be equipped with a polewiper, and each unslotted guidepoleshall be equipped with a gasketed capon the top of the guidepole.

(viii) Each opening for a slottedguidepole shall be equipped with one ofthe control device configurationsspecified in paragraphs (a)(2)(viii)(A)and (a)(2)(viii)(B) of this section.

(A) A pole wiper and a pole float. Thewiper or seal of the pole float shall beat or above the height of the pole wiper.

(B) A pole wiper and a pole sleeve.(ix) If the floating roof does not meet

the requirements listed in paragraphs(a)(2)(i) through (a)(2)(viii) of thissection as of the proposal date of thereferencing subpart, these requirementsdo not apply until the next time thevessel is completely emptied anddegassed, or 10 years after thepromulgation date of the referencingsubpart, whichever occurs first.

(b) Operational requirements. (1) Thefloating roof shall float on the storedliquid surface at all times, except whenthe floating roof is supported by its legsupports or other support devices (e.g.,hangers from the fixed roof).

(2) When the storage vessel is storingliquid, but the liquid depth isinsufficient to float the floating roof, theprocess of filling to the point ofrefloating the floating roof shall becontinuous and shall be performed assoon as practical.

(3) Each cover over an opening in thefloating roof, except for automaticbleeder vents (vacuum breaker vents)and rim space vents, shall be closed atall times, except when the cover mustbe open for access.

(4) Each automatic bleeder vent(vacuum breaker vent) and rim spacevent shall be closed at all times, exceptwhen required to be open to relieveexcess pressure or vacuum, in

accordance with the manufacturer’sdesign.

(5) Each unslotted guidepole cap shallbe closed at all times except whengauging the liquid level or taking liquidsamples.

(c) Inspection frequency requirements.(1) Internal floating roofs. Internalfloating roofs shall be inspected asspecified in paragraph (d)(1) of thissection before the initial filling of thestorage vessel. Subsequent inspectionsshall be performed as specified inparagraph (c)(1)(i) or (c)(1)(ii) of thissection.

(i) Internal floating roofs shall beinspected as specified in paragraphs(c)(1)(i)(A) and (c)(1)(i)(B) of thissection.

(A) At least once per year the IFRshall be inspected as specified inparagraph (d)(2) of this section.

(B) Each time the storage vessel iscompletely emptied and degassed, orevery 10 years, whichever occurs first,the IFR shall be inspected as specifiedin paragraph (d)(1) of this section.

(ii) Instead of the inspectionfrequency specified in paragraph(c)(1)(i) of this section, internal floatingroofs with two rim seals may beinspected as specified in paragraph(d)(1) of this section each time thestorage vessel is completely emptiedand degassed, or every 5 years,whichever occurs first.

(2) External floating roofs. Externalfloating roofs shall be inspected asspecified in paragraphs (c)(2)(i) through(c)(2)(iv) of this section.

(i) Within 90 days after the initialfilling of the storage vessel, the primaryand secondary rim seals shall beinspected as specified in paragraph(d)(3) of this section.

(ii) The secondary seal shall beinspected at least once every year, andthe primary seal shall be inspected atleast every 5 years, as specified inparagraph (d)(3) of this section.

(iii) Each time the storage vessel iscompletely emptied and degassed, orevery 10 years, whichever occurs first,the EFR shall be inspected as specifiedin paragraph (d)(1) of this section.

(iv) If the owner or operatordetermines that it is unsafe to performthe floating roof inspections specified inparagraphs (c)(2)(i) and (c)(2)(ii) of thissection, the owner or operator shallcomply with the requirements ofparagraph (c)(2)(iv)(A) or (c)(2)(iv)(B) ofthis section.

(A) The inspections shall beperformed no later than 30 days afterthe determination that the floating roofis unsafe.

(B) The storage vessel shall beremoved from liquid service no later



than 45 days after determining thefloating roof is unsafe. If the vesselcannot be emptied within 45 days, theowner or operator may utilize up to twoextensions of up to 30 additional dayseach. If the vessel cannot be emptiedwithin 45 days, the owner or operatormay utilize up to two extensions of upto 30 additional days each.Documentation of a decision to use anextension shall include an explanationof why it was unsafe to perform theinspection, documentation thatalternative storage capacity isunavailable, and a schedule of actionsthat will ensure that the vessel will beemptied as soon as practical.

(d) Inspection procedurerequirements. Floating roof inspectionsshall be conducted as specified inparagraphs (d)(1) through (d)(3) of thissection, as applicable. If a floating rooffails an inspection, the owner oroperator shall comply with the repairrequirements of paragraph (e) of thissection.

(1) Floating roof (IFR and EFR)inspections shall be conducted byvisually inspecting the floating roofdeck, deck fittings, and rim seals fromwithin the storage vessel. Theinspection may be performed entirelyfrom the top side of the floating roof, aslong as there is visual access to all deckcomponents specified in paragraph (a)of this section. Any of the conditionsdescribed in paragraphs (d)(1)(i) through(d)(1)(v) of this section constitutesinspection failure.

(i) Stored liquid on the floating roof.(ii) Holes or tears in the primary or

secondary seal (if one is present).(iii) Floating roof deck, deck fittings,

or rim seals that are not functioning asdesigned (as specified in paragraph (a)of this section).

(iv) Failure to comply with theoperational requirements of paragraph(b) of this section.

(v) Gaps of more than 0.32centimeters (1⁄8 inch) between any deckfitting gasket, seal, or wiper (required byparagraph (a) of this section) and anysurface that it is intended to seal.

(2) Tank-top inspections of IFR’s shallbe conducted by visually inspecting thefloating roof deck, deck fittings, and rimseal through openings in the fixed roof.Any of the conditions described inparagraphs (d)(1)(i) through (d)(1)(iv) ofthis section constitutes inspectionfailure. Identification of holes or tears inthe rim seal is required only for the sealthat is visible from the top of the storagevessel.

(3) Seal gap inspections for EFR’sshall determine the presence and size ofgaps between the rim seals and the wallof the storage vessel by the procedures

specified in paragraph (d)(3)(i) of thissection. Any exceedance of the gaprequirements specified in paragraphs(d)(3)(ii) and (d)(3)(iii) of this sectionconstitutes inspection failure.

(i) Rim seals shall be measured forgaps at one or more levels while the EFRis floating, as specified in paragraphs(d)(3)(i)(A) through (d)(3)(i)(F) of thissection.

(A) The inspector shall hold a 0.32centimeter (1⁄8 inch) diameter probevertically against the inside of thestorage vessel wall, just above the rimseal, and attempt to slide the probedown between the seal and the vesselwall. Each location where the probepasses freely (without forcing or bindingagainst the seal) between the seal andthe vessel wall constitutes a gap.

(B) The length of each gap shall bedetermined by inserting the probe intothe gap (vertically) and sliding the probealong the vessel wall in each directionas far as it will travel freely withoutbinding between the seal and the vesselwall. The circumferential length alongwhich the probe can move freely is thegap length.

(C) The maximum width of each gapshall be determined by inserting probesof various diameters between the sealand the vessel wall. The smallest probediameter should be 0.32 centimeter, andlarger probes should have diameters inincrements of 0.32 centimeter. Thediameter of the largest probe that can beinserted freely anywhere along thelength of the gap is the maximum gapwidth.

(D) The average width of each gapshall be determined by averaging theminimum gap width (0.32 centimeter)and the maximum gap width.

(E) The area of a gap is the productof the gap length and average gap width.

(F) The ratio of accumulated area ofrim seal gaps to storage vessel diametershall be determined by adding the areaof each gap, and dividing the sum by thenominal diameter of the storage vessel.This ratio shall be determinedseparately for primary and secondaryrim seals.

(ii) The ratio of seal gap area to vesseldiameter for the primary seal shall notexceed 212 square centimeters per meterof vessel diameter (10 square inches perfoot of vessel diameter), and themaximum gap width shall not exceed3.81 centimeters (1.5 inches).

(iii) The ratio of seal gap area to vesseldiameter for the secondary seal shall notexceed 21.2 square centimeters permeter (1 square inch per foot), and themaximum gap width shall not exceed1.27 centimeters (0.5 inches), exceptwhen the secondary seal must be pulled

back or removed to inspect the primaryseal.

(e) Repair requirements. Conditionscausing inspection failures underparagraph (d) of this section shall berepaired as specified in paragraph (e)(1)or (e)(2) of this section.

(1) If the inspection is performedwhile the storage vessel is not storingliquid, repairs shall be completed beforethe refilling of the storage vessel withliquid.

(2) If the inspection is performedwhile the storage vessel is storingliquid, repairs shall be completed or thevessel removed from service within 45days. If a repair cannot be completedand the vessel cannot be emptied within45 days, the owner or operator may useup to 2 extensions of up to 30 additionaldays each. Documentation of a decisionto use an extension shall include adescription of the failure, shalldocument that alternate storage capacityis unavailable, and shall specify aschedule of actions that will ensure thatthe control equipment will be repairedor the vessel will be completely emptiedas soon as practical.

§ 63.1064 Alternative means of emissionlimitation.

(a) An alternate control device may besubstituted for a control devicespecified in § 63.1063 if the alternatedevice has an emission factor less thanor equal to the emission factor for thedevice specified in § 63.1063. Requestsfor the use of alternate devices shall bemade as specified in § 63.1066(b)(3).Emission factors for the devicesspecified in § 63.1063 are published inEPA Report No. AP–42, Compilation ofAir Pollutant Emission Factors.

(b) Tests to determine emissionfactors for an alternate device shallaccurately simulate conditions underwhich the device will operate, such aswind, temperature, and barometricpressure. Test methods that can be usedto perform the testing required in thisparagraph include, but are not limitedto, the methods listed in paragraphs(b)(1) through (b)(3) of this section.

(1) American Petroleum Institute(API) Manual of PetroleumMeasurement Standards, Chapter 19,Section 3, Part A, Wind Tunnel TestMethod for the Measurement of Deck-Fitting Loss Factors for ExternalFloating-Roof Tanks.

(2) API Manual of PetroleumMeasurement Standards, Chapter 19,Section 3, Part B, Air Concentration TestMethod for the Measurement of RimSeal Loss Factors for Floating-RoofTanks.

(3) API Manual of PetroleumMeasurement Standards, Chapter 19,



Section 3, Part E, Weight Loss TestMethod for the Measurement of Deck-Fitting Loss Factors for InternalFloating-Roof Tanks.

(c) An alternate combination ofcontrol devices may be substituted forany combination of rim seal and deckfitting control devices specified in§ 63.1063 if the alternate combinationemits no more than the combinationspecified in § 63.1063. The emissionsfrom an alternate combination of controldevices shall be determined using AP–42 or as specified in paragraph (b) ofthis section. The emissions from acombination of control devices specifiedin § 63.1063 shall be determined usingAP–42. Requests for the use of alternatedevices shall be made as specified in§ 63.1066(b)(3).

§ 63.1065 Recordkeeping requirements.The owner or operator shall keep the

records required in paragraph (a) of thissection for as long as liquid is stored.Records required in paragraphs (b), (c)and (d) of this section shall be kept forat least 5 years. Records shall be kept insuch a manner that they can be readilyaccessed within 24 hours. Records maybe kept in hard copy or computer-readable form including, but not limitedto, on paper, microfilm, computer,floppy disk, magnetic tape, ormicrofiche.

(a) Vessel dimensions and capacity. Arecord shall be kept of the dimensionsof the storage vessel, an analysis of thecapacity of the storage vessel, and anidentification of the liquid stored.

(b) Inspection results. Records offloating roof inspection results shall bekept as specified in paragraphs (b)(1)and (b)(2) of this section.

(1) If the floating roof passesinspection, a record shall be kept thatincludes the information specified inparagraphs (b)(1)(i) and (b)(1)(ii) of thissection. If the floating roof failsinspection, a record shall be kept thatincludes the information specified inparagraphs (b)(1)(i) through (b)(1)(v) ofthis section.

(i) Identification of the storage vesselthat was inspected.

(ii) The date of the inspection.(iii) A description of all inspection

failures.(iv) A description of all repairs and

the dates they were made.(v) The date the storage vessel was

removed from service, if applicable.(2) A record shall be kept of EFR seal

gap measurements, including the rawdata obtained and any calculationsperformed.

(c) Floating roof landings. The owneror operator shall keep a record of the

date when a floating roof is set on itslegs or other support devices. Theowner or operator shall also keep arecord of the date when the roof wasrefloated, and the record shall indicatewhether the process of refloating wascontinuous.

(d) An owner or operator who electsto use an extension in accordance with§ 63.1063(e)(2) or § 63.1063(c)(2)(iv)(B)shall keep the documentation requiredby those paragraphs.

§ 63.1066 Reporting requirements.

(a) Notification of initial startup. If thereferencing subpart requires that anotification of initial startup be filed,then the content of the notification ofinitial startup shall include (at aminimum) the information specified inthe referencing subpart and theinformation specified in paragraphs(a)(1) and (a)(2) of this section.

(1) The identification of each storagevessel, its capacity and the liquid storedin the storage vessel.

(2) A statement of whether the owneror operator of the source can achievecompliance by the compliance datespecified in referencing subpart.

(b) Periodic reports. Report theinformation specified in paragraphs(b)(1) through (b)(4) of this section, asapplicable, in the periodic reportspecified in the referencing subpart.

(1) Notification of inspection. Toprovide the Administrator theopportunity to have an observer present,the owner or operator shall notify theAdministrator at least 30 days before aninspection required by §§ 63.1063(d)(1)or (d)(3). If an inspection is unplannedand the owner or operator could nothave known about the inspection 30days in advance, then the owner oroperator shall notify the Administratorat least 7 days before the inspection.Notification shall be made by telephoneimmediately followed by writtendocumentation demonstrating why theinspection was unplanned.Alternatively, the notification includingthe written documentation may be madein writing and sent so that it is receivedby the Administrator at least 7 daysbefore the inspection. If a delegatedState or local agency is notified, theowner or operator is not required tonotify the Administrator. A delegatedState or local agency may waive therequirement for notification ofinspections.

(2) Inspection results. The owner oroperator shall submit a copy of theinspection record (required in§ 63.1065) when inspection failuresoccur.

(3) Requests for alternate devices. Theowner or operator requesting the use ofan alternate control device shall submita written application includingemissions test results and an analysisdemonstrating that the alternate devicehas an emission factor that is less thanor equal to the device specified in§ 63.1063.

(4) Requests for extensions. An owneror operator who elects to use anextension in accordance with§ 63.1063(e)(2) or § 63.1063(c)(2)(iv)(B)shall submit the documentationrequired by those paragraphs.

6. Part 63 is amended by addingsubpart YY, consisting of §§ 63.1100through 63.1113, to read as follows.

Subpart YY—National Emission Standardsfor Hazardous Air Pollutants for SourceCategories: Generic Maximum AchievableControl Technology Standards

Sec.63.1100 Applicability.63.1101 Definitions.63.1102 Compliance schedule.63.1103 Source category-specific

applicability, definitions, andrequirements.

63.1104 Process vents from continuous unitoperations: applicability assessmentprocedures and methods.

63.1105 [Reserved]63.1106 [Reserved]63.1107 Equipment leaks: applicability

assessment procedures and methods.63.1108 Compliance with standards and

operation and maintenancerequirements.

63.1109 Recordkeeping requirements.63.1110 Reporting requirements.63.1111 Startup, shutdown, and

malfunction.63.1112 Extension of compliance, and

performance test, monitoring,recordkeeping, and reporting waiversand alternatives.

63.1113 Procedures for approval ofalternative means of emission limitation.

Subpart YY—National EmissionStandards for Hazardous Air Pollutantsfor Source Categories: GenericMaximum Achievable ControlTechnology Standards

§ 63.1100 Applicability.

(a) General. This subpart applies tosource categories and affected sourcesspecified in § 63.1103(a) through (d) ofthis subpart. The affected emissionpoints, by source category, aresummarized in table 1 of this section.This table also delineates the sectionand paragraph of the rule that directs anowner or operator of an affected sourceto source category-specific control,monitoring, recordkeeping, andreporting requirements.



TABLE 1 TO § 63.1100(a).—SOURCE CATEGORY MACT a APPLICABILITY

Source category Storagevessels

Processvents

Transferracks

Equipmentleaks

Waste-water

streamsOther

Source cat-egory MACTrequirements

Acetal Resins Production ................................... Yes .......... Yes .......... No ............ Yes .......... Yes .......... No ............ § 63.1103(a)Acrylic and Modacrylic Fibers Production .......... Yes .......... Yes .......... No ............ Yes .......... Yes .......... Yes b ........ § 63.1103(b)Hydrogen Fluoride Production ........................... Yes .......... Yes .......... Yes .......... Yes .......... No ............ No ............ § 63.1103(c)Polycarbonate Production .................................. Yes .......... Yes .......... No ............ Yes .......... Yes .......... No ............ § 63.1103(d)

a Maximum achievable control technology.b Fiber spinning lines using spinning solution or suspension containing acrylonitrile.

(b) Subpart A requirements. Thefollowing provisions of subpart A of thispart (General Provisions), §§ 63.1through 63.5, and §§ 63.12 through63.15, apply to owners or operators ofaffected sources subject to this subpart.

(c) Research and developmentfacilities. The provisions of this subpartdo not apply to research anddevelopment facilities, consistent withsection 112(b)(7) of the Act.

(d) Primary product determinationand applicability. The primary productof a process unit shall be determinedaccording to the procedures specified inparagraphs (d)(1) and (2) of this section.Paragraphs (d(3), (4), and (5) of thissection discuss compliance for thoseprocess units operated as flexibleoperation units.

(1) If a process unit only manufacturesone product, then that product shallrepresent the primary product of theprocess unit.

(2) If a process unit is designed andoperated as a flexible operation unit, theprimary product shall be determined asspecified in paragraphs (d)(2)(i) or (ii) ofthis section based on the anticipatedoperations for the 5 years following thepromulgation date for existing affectedsources and for the first 5 years afterinitial startup for new affected sources.

(i) If the flexible operation unit willmanufacture one product for the greatestpercentage of operating time over thefive-year period, then that product shallrepresent the primary product of theflexible operation unit.

(ii) If the flexible operation unit willmanufacture multiple products equallybased on operating time, then theproduct with the greatest production ona mass basis over the five-year periodshall represent the primary product ofthe flexible operation unit.

(3) Once the primary product of aprocess unit has been determined to bea product produced by a source categorysubject to this subpart, the owner oroperator of the affected source shallcomply with the standards for theprimary product production processunit.

(4) The determination of the primaryproduct for a process unit, including the

assessment of applicability of thissubpart to process units that aredesigned and operated as flexibleoperation units, shall be reported in theNotification of Compliance StatusReport required by § 63.1110(a)(4) whenthe primary product is determined to bea product produced by a source categorysubject to requirements under thissubpart. The Notification of ComplianceStatus shall include the informationspecified in either paragraph (d)(4)(i) or(ii) of this section. If the primaryproduct is determined to be somethingother than a product produced by asource category subject to requirementsunder this subpart, the owner oroperator shall retain information, data,and analyses used to document the basisfor the determination that the primaryproduct is not produced by a sourcecategory subject to requirements underthis subpart.

(i) If the process unit manufacturesonly one product subject torequirements under this subpart, theidentity of that product.

(ii) If the process unit is designed andoperated as a flexible operation unit, theinformation specified in paragraphs(d)(4)(ii)(A) through (C) of this section,as appropriate.

(A) The identity of the primaryproduct.

(B) Information concerning operatingtime and/or production mass for eachproduct that was used to make thedetermination of the primary productunder paragraph (d)(2)(i) or (ii) of thissection.

(5) When a flexible operation unit thatis subject to this subpart is producing aproduct other than a product subject tothis subpart, or is producing a productsubject to this subpart that is not theprimary product, the owner or operatorshall comply with either paragraph(d)(5) (i) or (ii) of this section for eachemission point.

(i) The owner or operator shall controlemissions during the production of allproducts in accordance with therequirements for the production of theprimary product. As appropriate, theowner or operator shall demonstratethat the parameter monitoring level

established for the primary product isalso appropriate for those periods whenproducts other than the primary productare being produced. Documentation ofthis demonstration shall be submitted inthe Notification of Compliance Statusreport required by § 63.1110(a)(4).

(ii) The owner or operator shalldetermine, for the production of eachproduct, whether control is required inaccordance with the applicable criteriafor the primary product in § 63.1103. Ifcontrol is required, the owner oroperator shall establish separateparameter monitoring levels, asappropriate, for the production of eachproduct. The parameter monitoringlevels developed shall be submitted inthe Notification of Compliance Statusreport required by § 63.1110(a)(4).

(e) Storage vessel ownershipdetermination. To determine the processunit to which a storage vessel shallbelong, the owner or operator shallsequentially follow the proceduresspecified in paragraphs (e)(1) through(8) of this section, stopping as soon asthe determination is made.

(1) If a storage vessel is alreadysubject to another subpart of this part onthe date of promulgation for an affectedsource under the generic MACT, thatstorage vessel shall belong to theprocess unit subject to the other subpart.

(2) If a storage vessel is dedicated toa single process unit, the storage vesselshall belong to that process unit.

(3) If a storage vessel is shared amongprocess units, then the storage vesselshall belong to that process unit locatedon the same plant site as the storagevessel that has the greatest input into oroutput from the storage vessel (i.e., theprocess unit has the predominant use ofthe storage vessel.)

(4) If predominant use cannot bedetermined for a storage vessel that isshared among process units and if onlyone of those process units is subject tothis subpart, the storage vessel shallbelong to that process unit.

(5) If predominant use cannot bedetermined for a storage vessel that isshared among process units and if morethan one of the process units are subjectto standards under this subpart that



have different primary products, thenthe owner or operator shall assign thestorage vessel to any one of the processunits sharing the storage vessel.

(6) If the predominant use of a storagevessel varies from year to year, thenpredominant use shall be determinedbased on the utilization that occurredduring the year preceding the date ofpromulgation of standards for anaffected source under this subpart orbased on the expected utilization for the5 years following the promulgation dateof standards for an affected sourceunder this subpart for existing affectedsources, whichever is morerepresentative of the expectedoperations for that storage vessel, andbased on the expected utilization for the5 years after initial startup for newaffected sources. The determination ofpredominant use shall be reported inthe Notification of Compliance StatusReport required by § 63.1110(a)(4). If thepredominant use changes, theredetermination of predominant useshall be reported in the next PeriodicReport.

(7) If the storage vessel beginsreceiving material from (or sendingmaterial to) another process unit; ceasesto receive material from (or sendmaterial to) a process unit; or if theapplicability of this subpart to a storagevessel has been determined according tothe provisions of paragraphs (e)(1)through (6) of this section and there isa significant change in the use of thestorage vessel that could reasonablychange the predominant use, the owneror operator shall reevaluate theapplicability of this subpart to thestorage vessel.

(8) Where a storage vessel is locatedat a major source that includes one ormore process units that place materialinto, or receive materials from, thestorage vessel, but the storage vessel islocated in a tank farm, the applicabilityof this subpart shall be determinedaccording to the provisions inparagraphs (e)(8)(i) through (iii) of thissection.

(i) The storage vessel may only beassigned to a process unit that utilizesthe storage vessel and does not have anintervening storage vessel for thatproduct (or raw material, asappropriate). With respect to anyprocess unit, an intervening storagevessel means a storage vessel connectedby hard-piping to the process unit andto the storage vessel in the tank farm sothat product or raw material entering orleaving the process unit flows into (orfrom) the intervening storage vessel anddoes not flow directly into (or from) thestorage vessel in the tank farm.

(ii) If there is only one process unit ata major source that meets the criteria ofparagraph (e)(8)(i) of this section withrespect to a storage vessel, the storagevessel shall be assigned to that processunit.

(iii) If there are two or more processunits at the major source that meet thecriteria of paragraph (e)(8)(i) of thissection with respect to a storage vessel,the storage vessel shall be assigned toone of those process units according tothe provisions of paragraph (e)(6) of thissection. The predominant use shall bedetermined among only those processunits that meet the criteria of paragraph(e)(8)(i) of this section.

(f) Recovery operation equipmentownership determination. To determinethe process unit to which recoveryequipment shall belong, the owner oroperator shall sequentially follow theprocedures specified in paragraphs (f)(1)through (7) of this section, stopping assoon as the determination is made.

(1) If recovery operation equipment isalready subject to another subpart ofthis part on the date standards arepromulgated for an affected source, thatrecovery operation equipment shallbelong to the process unit subject to theother subpart.

(2) If recovery operation equipment isused exclusively by a single processunit, the recovery operation shall belongto that process unit.

(3) If recovery operation equipment isshared among process units, then therecovery operation equipment shallbelong to that process unit that has thegreatest input into or output from therecovery operation equipment (i.e., thatprocess unit has the predominant use ofthe recovery operation equipment).

(4) If predominant use cannot bedetermined for recovery operationequipment that is shared among processunits and if one of those process unitsis a process unit subject to this subpart,the recovery operation equipment shallbelong to the process unit subject to thissubpart.

(5) If predominant use cannot bedetermined for recovery operationequipment that is shared among processunits and if more than one of theprocess units are process units that havedifferent primary products and that aresubject to this subpart, then the owneror operator shall assign the recoveryoperation equipment to any one of thoseprocess units.

(6) If the predominant use of recoveryoperation equipment varies from year toyear, then the predominant use shall bedetermined based on the utilization thatoccurred during the year preceding thepromulgation date of standards for anaffected source under this subpart or

based on the expected utilization for the5 years following the promulgation datefor standards for an affected sourceunder this subpart for existing affectedsources, whichever is the morerepresentative of the expectedoperations for the recovery operationsequipment, and based on the expectedutilization for the first 5 years afterinitial startup for new affected sources.This determination shall be reported inthe Notification of Compliance StatusReport required by § 63.1110(a)(4). If thepredominant use changes, theredetermination of predominant useshall be reported in the next PeriodicReport.

(7) If there is an unexpected change inthe utilization of recovery operationequipment that could reasonably changethe predominant use, the owner oroperator shall redetermine to whichprocess unit the recovery operationbelongs by reperforming the proceduresspecified in paragraphs (f)(2) through (6)of this section.

(g) Overlap with other regulations.Paragraphs (g)(1) through (4) of thissection specify the applicability ofsubpart YY emission point requirementswhen other rules may apply. Wheresubpart YY of this part allows an owneror operator an option to comply withone or another regulation to complywith subpart YY of this part, an owneror operator must report whichregulation they choose to comply within the Notification of Compliance Statusreport required by § 63.1110(a)(4).

(1) Overlap of subpart YY with otherregulations for storage vessels. (i) Afterthe compliance dates specified in§ 63.1102 for an affected source subjectto this subpart, a storage vessel that ispart of an existing source that is subjectto the storage vessel requirements of thissubpart and the storage vesselrequirements of subpart G (thehazardous organic national emissionstandards for hazardous air pollutants(the HON)) of this part is in compliancewith the requirements of this subpart ifit complies with either suchrequirement and has notified theAdministrator in the Notification ofCompliance Status report required by§ 63.1110(a)(4).

(ii) After the compliance datesspecified in § 63.1102 for an affectedsource subject to this subpart, a storagevessel that is part of an existing sourcethat is subject to the storage vesselrequirements of this subpart and to thestorage vessel requirements of subpartKa or Kb of part 60 is required only tocomply with the storage vesselrequirements of this subpart.

(2) Overlap of subpart YY with otherregulations for process vents. After the



compliance dates specified in § 63.1102for an affected source subject to thissubpart, a process vent that is part of anexisting source that is subject to theprocess vent requirements of thissubpart and to the process ventrequirements of subpart G (the HON) ofthis part is in compliance with thissubpart if it complies with either suchrequirement and has notified theAdministrator in the Notification ofCompliance Status report required by§ 63.1110(a)(4).

(3) Overlap of subpart YY with otherregulations for transfer racks. After thecompliance dates specified in § 63.1102for an affected source subject to thissubpart, a transfer rack that is part of anexisting source that is subject to thetransfer rack requirements of thissubpart and to the transfer rackrequirements of subpart G (the HON) ofthis part is in compliance with thissubpart if it complies with either suchrequirement and has notified theAdministrator in the Notification ofCompliance Status report required by§ 63.1110(a)(4).

(4) Overlap of subpart YY with otherregulations for equipment leaks. (i)After the compliance dates specified in§ 63.1102 for an affected source subjectto this subpart, equipment that is part ofan existing source that is subject to theequipment leak control requirements ofsubpart TT (National EmissionStandards for Equipment Leaks—Control Level 1) pursuant to this subpartand to the equipment leak controlrequirements of subpart VV of part 60 orsubpart V of part 61 is required only tocomply with the equipment leakrequirements of this subpart.

(ii) After the compliance datesspecified in § 63.1102 for an affectedsource subject to this subpart,equipment that is part of an existingsource that is subject to the equipmentleak control requirements of subpart UU(National Emission Standards forEquipment Leaks—Control Level 2) ofthis part pursuant to this subpart and tothe equipment leak controlrequirements of subpart H (the HON) orsubpart I of this part is in compliancewith the equipment leak controlrequirements of this subpart if itcomplies with either such requirementand has notified the Administrator inthe Notification of Compliance Statusreport required by § 63.1110(a)(4).

§ 63.1101 Definitions.

All terms used in this subpart shallhave the meaning given them in the Act,in 40 CFR 63.2 (General Provisions), andin this section.

Batch cycle refers to manufacturing aproduct from start to finish in a batchunit operation.

Batch emission episode means adiscrete venting episode that may beassociated with a single unit operation.A unit operation may have more thanone batch emission episode per batchcycle. For example, a displacement ofvapor resulting from the charging of avessel with organic HAP will result ina discrete emission episode. If the vesselis then heated, there may also beanother discrete emission episoderesulting from the expulsion ofexpanded vapor. Both emissionepisodes may occur during the samebatch cycle in the same vessel or unitoperation. There are possibly otheremission episodes that may occur fromthe vessel or other process equipment,depending on process operations.

Batch unit operation means a unitoperation involving intermittent ordiscontinuous feed into equipment and,in general, involves the emptying ofequipment after the batch cycle ceasesand prior to beginning a new batchcycle. Mass, temperature, concentrationand other properties of the process mayvary with time. Addition of raw materialand withdrawal of product do notsimultaneously occur in a batch unitoperation.

Bottoms receiver means a tank thatcollects distillation bottoms before thestream is sent for storage or for furtherdownstream processing.

By compound means by individualstream components, not carbonequivalents.

Capacity means the volume of liquidthat is capable of being stored in astorage vessel, determined bymultiplying the vessel’s internal cross-sectional area by the internal height ofthe shell.

Closed vent system means a systemthat is not open to the atmosphere andis composed of piping, ductwork,connections, and, if necessary, flowinducing devices that transport gas orvapor from an emission point to acontrol device. A closed vent systemdoes not include the vapor collectionsystem that is part of any tank truck orrailcar or the loading arm or hose thatis used for vapor return. For transferracks, the closed vent system begins at,and includes, the first block valve onthe downstream side of the loading armor hose used to convey displacedvapors.

Combined vent stream means acombination of emission streams fromcontinuous and/or batch unitoperations.

Compliance equipment meansmonitoring equipment used by an

owner or operator of an affected sourceunder this subpart to demonstratecompliance with an operation oremission limit standard.

Continuous parameter monitoringsystem or CPMS means the totalequipment that may be required to meetthe data acquisition and availabilityrequirements of this subpart, and that isused to sample, condition (ifapplicable), analyze, and provide arecord of process or control systemparameters.

Continuous unit operation means aunit operation where the inputs andoutputs flow continuously. Continuousunit operations typically approachsteady-state conditions. Continuous unitoperations typically involve thesimultaneous addition of raw materialand withdrawal of the product.

Control device means, with theexceptions noted below, a combustiondevice, recovery device, recapturedevice, or any combination of thesedevices used to comply with thissubpart or a referencing subpart. Forprocess vents from continuous unitoperations at affected sources in sourcecategories where the applicabilitycriteria includes a TRE index value,recovery devices are not considered tobe control devices. Primary condenserson steam strippers or fuel gas systemsare not considered to be control devices.

Day means a calendar day.Distillate receiver means overhead

receivers, overhead accumulators, refluxdrums, and condenser(s) includingejector condenser(s) associated with adistillation unit.

Distillation unit means a device orvessel in which one or more feedstreams are separated into two or moreexit streams, each exit stream havingcomponent concentrations differentfrom those in the feed stream(s). Theseparation is achieved by theredistribution of the componentsbetween the liquid and the vapor phasesby vaporization and condensation asthey approach equilibrium within thedistillation unit. Distillation unitincludes the distillate receiver, reboiler,and any associated vacuum pump orsteam jet.

Emission point means an individualprocess vent, storage vessel, transferrack, wastewater stream, kiln, fiberspinning line, equipment leak, or otherpoint where a gaseous stream isreleased.

Equipment means each of thefollowing that is subject to controlunder this subpart: pump, compressor,agitator, pressure relief device, samplingcollection system, open-ended valve orline, valve, connector, instrumentationsystem, and surge control vessel and



bottoms in organic hazardous airpollutant service as defined in § 63.1103for the applicable chemicalmanufacturing production unit; and anycontrol device or system used to complywith this subpart.

Equivalent method means any methodof sampling and analysis for an airpollutant that has been demonstrated tothe Administrator’s satisfaction to havea consistent and quantitatively knownrelationship to the reference method,under specified conditions.

Excess emissions means emissions inexcess of those that would haveoccurred if there were no start-up,shutdown, or malfunction and theowner or operator complied with therelevant provisions of this subpart.

Final recovery device means the lastrecovery device on a process ventstream from a continuous unit operationat an affected source in a sourcecategory where the applicability criteriaincludes a TRE index value. The finalrecovery device usually discharges to acombustion device, recapture device, ordirectly to the atmosphere.

Flexible operation unit means aprocess unit that manufactures differentchemical products periodically byalternating raw materials or operatingconditions.


Fuel gas system means the offsite andonsite piping and flow and pressurecontrol system that gathers gaseousstream(s) generated by onsiteoperations, may blend them with othersources of gas, and transports thegaseous stream for use as a fuel gas incombustion devices or in-processcombustion equipment, such asfurnaces and gas turbines, either singlyor in combination.

Halogens and hydrogen halidesmeans hydrogen chloride (HCl),chlorine (Cl2), hydrogen bromide (HBr),bromine (Br2), and hydrogen fluoride(HF).

Impurity means a substance that isproduced coincidentally with theprimary product, or is present in a rawmaterial. An impurity does not serve auseful purpose in the production or useof the primary product and is notisolated.

Initial startup means, for new sources,the first time the source beginsproduction. For additions or changesnot defined as a new source by thissubpart, initial startup means the firsttime additional or changed equipment isput into operation. Initial startup doesnot include operation solely for testingequipment. Initial startup does notinclude subsequent startup (as defined

in this section) of process unitsfollowing malfunctions or process unitshutdowns. Except for equipment leaks,initial startup also does not includesubsequent startups (as defined in thissection) of process units followingchanges in product for flexibleoperation units or following rechargingof equipment in batch unit operations.

Low throughput transfer rack means atransfer rack that transfers less than atotal of 11.8 million liters per year ofliquid containing regulated HAP.

Malfunction means any sudden,infrequent, and not reasonablypreventable failure of air pollutioncontrol equipment, process equipment,or a process to operate in a normal orusual manner. Failures that are causedin part by poor maintenance or carelessoperation are not malfunctions.

Maximum true vapor pressure meansthe equilibrium partial pressure exertedby the total organic HAP in the storedor transferred liquid at the temperatureequal to the highest calendar-monthaverage of the liquid storage or transfertemperature for liquids stored ortransferred above or below the ambienttemperature or at the local maximummonthly average temperature asreported by the National WeatherService for liquids stored or transferredat the ambient temperature, asdetermined:

(1) In accordance with methodsdescribed in American PetroleumInstitute Publication 2517, EvaporationLoss From External Floating-Roof Tanks(incorporated by reference as specifiedin § 63.14 of subpart A of this part); or

(2) As obtained from standardreference texts; or

(3) As determined by the AmericanSociety for Testing and MaterialsMethod D2879–83 (incorporated byreference as specified in § 63.14 ofsubpart A of this part); or

(4) Any other method approved by theAdministrator.

On-site means, with respect to recordsrequired to be maintained by thissubpart, a location within a plant sitethat encompasses the affected source.On-site includes, but is not limited to,the affected source to which the recordspertain, or central files elsewhere at theplant site.

Organic hazardous air pollutant ororganic HAP means any organicchemicals that are also HAP.

Permitting authority means one of thefollowing:

(1) The State air pollution controlagency, local agency, other State agency,or other agency authorized by theAdministrator to carry out a permitprogram under part 70 of this chapter;or

(2) The Administrator, in the case ofEPA-implemented permit programsunder title V of the Act (42 U.S.C. 7661)and part 71 of this chapter.

Plant site means all contiguous oradjoining property that is undercommon control, including propertiesthat are separated only by a road orother public right-of-way. Commoncontrol includes properties that areowned, leased, or operated by the sameentity, parent entity, subsidiary, or anycombination thereof.

Process condenser means a condenserwhose primary purpose is to recovermaterial as an integral part of a process.The condenser must support a vapor-to-liquid phase change for periods ofsource equipment operation that areabove the boiling or bubble point ofsubstance(s). Examples of processcondensers include distillationcondensers, reflux condensers, processcondensers in line prior to the vacuumsource, and process condensers used instripping or flashing operations.

Process unit means the equipmentassembled and connected by pipes orducts to process raw and/orintermediate materials and tomanufacture an intended product. Aprocess unit includes more than oneunit operation. A process unit includes,but is not limited to, process vents,storage vessels, and equipment.

Process unit shutdown means a workpractice or operational procedure thatstops production from a process unit, orpart of a process unit during whichpractice or procedure it is technicallyfeasible to clear process material fromthe process unit, or part of the processunit, consistent with safety constraintsand during which repairs can beeffected. The following are notconsidered process unit shutdowns:

(1) An unscheduled work practice oroperational procedure that stopsproduction from a process unit, or partof a process unit, for less than 24 hours.

(2) An unscheduled work practice oroperational procedure that would stopproduction from a process unit, or partof a process unit, for a shorter period oftime than would be required to clear theprocess unit, or part of the process unit,of materials and start up the unit andresult in greater emissions than delay ofrepair of leaking components until thenext scheduled process unit shutdown.


Process vent means a piece ofequipment that processes a gas stream(both batch and continuous streams)during operation of the unit within amanufacturing process unit that meets



the applicability criteria of this subpart.Process vents process gas streams thatare either discharged directly to theatmosphere or are discharged to theatmosphere after diversion through aproduct recovery device. Process ventsinclude vents from distillate receivers,product separators, and ejector-condensers. Process vents exclude reliefvalve discharges and leaks fromequipment regulated under this subpart.Process vents that process gas streamscontaining less than or equal to 0.005weight-percent organic HAP are notsubject to the process vent requirementsof this subpart.

Product means a compound orchemical which is manufactured as theintended product of the applicableproduction process unit as defined in§ 63.1103. By-products, isolatedintermediates, impurities, wastes, andtrace contaminants are not consideredproducts.

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

Recovery device means an individualunit of equipment capable of andnormally used for the purpose ofrecovering chemicals for fuel value (i.e.,net positive heating value), use, reuse,or for sale for fuel value. Examples ofequipment that may be recovery devicesinclude absorbers, carbon adsorbers,condensers, oil-water separators ororganic-water separators, or organicremoval devices such as decanters,strippers, or thin-film evaporation units.For purposes of the monitoring,recordkeeping, and reportingrequirements of this subpart, recapturedevices are considered recovery devices.

Research and development facilitymeans laboratory and pilot plantoperations whose primary purpose is toconduct research and development intonew processes and products, where theoperations are under the closesupervision of technically trainedpersonnel, and is not engaged in themanufacture of products for commercialsale, except in a de minimis manner.

Shutdown means the cessation ofoperation of a regulated source andequipment required or used to complywith this subpart, or the emptying anddegassing of a storage vessel. Shutdownis defined here for purposes of

including, but not limited to, periodicmaintenance, replacement ofequipment, or repair. Shutdown doesnot include the routine rinsing orwashing of equipment in batchoperation between batches.

Startup means the setting intooperation of a regulated source and/orequipment required or used to complywith this subpart. Startup includesinitial startup, operation solely fortesting equipment, the recharging ofequipment in batch operation, andtransitional conditions due to changesin product for flexible operation units.

Storage vessel or Tank, for thepurposes of this subpart, means astationary unit that is constructedprimarily of nonearthen materials (suchas wood, concrete, steel, fiberglass, orplastic) that provide structural supportand is designed to hold an accumulationof liquids or other materials. Storagevessel does not include:

(1) Vessels permanently attached tomotor vehicles such as trucks, railcars,barges, or ships;

(2) Bottoms receiver tanks;(3) Surge control vessels; or(4) Vessels storing wastewater.Subsequent startup means any setting

into operation of a regulated source and/or equipment required or used tocomply with this subpart following theinitial startup.

Surge control vessel means a feeddrum, recycle drum, or intermediatevessel. Surge control vessels are usedwithin a process unit (as defined in thissubpart) when in-process storage,mixing, or management of flow rates orvolumes is needed to assist inproduction of a product.

Total organic compounds or TOCmeans those compounds, excludingmethane and ethane, measuredaccording to the procedures of Method18 or Method 25A of appendix A of part60.

Total resource effectiveness indexvalue or TRE index value means ameasure of the supplemental totalresource requirement per unit reductionof organic HAP associated with aprocess vent stream, based on ventstream flow rate, emission rate oforganic HAP, net heating value, andcorrosion properties (whether or not thevent stream contains halogenatedcompounds), as quantified by theequations given under § 63.1104(e).

Transfer rack means a single systemused to fill bulk cargo tanks mounted onor in a truck or railcar. A transfer rackincludes all loading arms, pumps,meters, shutoff valves, relief valves, andother piping and equipment necessaryfor the transfer operation. Transferequipment and operations that are

physically separate (i.e., do not sharecommon piping, valves, and otherequipment) are considered to beseparate transfer racks.

Unit operation means distinctequipment used in processing, amongother things, to prepare reactants,facilitate reactions, separate and purifyproducts, and recycle materials.Equipment used for these purposesincludes, but is not limited to, reactors,distillation columns, extractioncolumns, absorbers, decanters, dryers,condensers, and filtration equipment.

Vapor balancing system means apiping system that is designed to collectorganic HAP vapors displaced from tanktrucks or railcars during loading; and toroute the collected organic HAP vaporsto the storage vessel from which theliquid being loaded originated, or tocompress collected organic HAP vaporsand commingle with the raw feed of aproduction process unit.

§ 63.1102 Compliance schedule.(a) General requirements. Affected

sources, as defined in § 63.1103(a)(1)(i)for acetyl resins production;§ 63.1103(b)(1)(i) for acrylic andmodacrylic fiber production;§ 63.1103(c)(1)(i) for hydrogen fluorideproduction; or § 63.1103(d)(1)(i) forpolycarbonate production, shall complywith the appropriate provisions of thissubpart and the subparts referenced bythis subpart according to the scheduledescribed in paragraph (a)(1) or (2) ofthis section, as appropriate.

(1) Compliance dates for new andreconstructed sources. (i) The owner oroperator of a new or reconstructedaffected source for which constructionor reconstruction commences afterOctober 14, 1998 that has an initialstartup before the effective date ofstandards for an acetal resins, acrylicand modacrylic fiber, hydrogen fluoride,or polycarbonate production affectedsource under this subpart shall complywith this subpart no later than theeffective date of standards for theaffected source.

(ii) The owner or operator of a new orreconstructed acetal resins, acrylic andmodacrylic fiber, hydrogen fluoride, orpolycarbonate production affectedsource that has an initial startup afterthe effective date of standards for theaffected source shall comply with thissubpart upon startup of the source.

(iii) The owner or operator of anacetal resins, acrylic and modacrylicfiber, hydrogen fluoride, orpolycarbonate production affectedsource for which construction orreconstruction is commenced afterOctober 14, 1998 but before the effectivedate of standards for the affected source



under this subpart shall comply withthis subpart no later than July 1, 2002if:

(A) The promulgated standard is morestringent than the proposed standard;and

(B) The owner or operator complieswith this subpart as proposed during the3-year period immediately after theeffective date of standards for an acetalresins, acrylic and modacrylic fiber,hydrogen fluoride, or polycarbonateproduction affected source.

(2) Compliance dates for existingsources. (i) The owner or operator of anexisting acetal resins, acrylic andmodacrylic fiber, hydrogen fluoride, orpolycarbonate production affectedsource shall comply with therequirements of this subpart within 3years after the effective date ofstandards for the affected source.

(ii) The owner or operator of an acetalresins, acrylic and modacrylic fiber,hydrogen fluoride, or polycarbonateproduction nonmajor source thatincreases its emissions of (or itspotential to emit) hazardous airpollutants such that the source becomesa major source shall be subject to therelevant standards for existing sourcesunder this subpart. Such sources shallcomply with the relevant standardwithin 3 years of becoming a majorsource.

§ 63.1103 Source category-specificapplicability, definitions, and requirements.

(a) Acetal resins productionapplicability, definitions, and

requirements. (1) Applicability. (i)Affected source. For the acetal resinsproduction source category (as definedin paragraph (a)(2) of this section), theaffected source shall comprise allemission points, in combination, listedin paragraphs (a)(1)(i)(A) through (D) ofthis section, that are associated with anacetal resins production process unitlocated at a major source, as defined insection 112(a) of the Clean Air Act (Act).

(A) All storage vessels that storeliquids containing organic HAP.

(B) All process vents from continuousunit operations (front end process ventsand back end process vents).

(C) All wastewater streams associatedwith the acetal resins productionprocess unit as defined in (a)(2) of thissection.

(D) Equipment (as defined in§ 63.1101 of this subpart) that containsor contacts organic HAP.

(ii) Compliance schedule. Thecompliance schedule for affectedsources as defined in paragraph (a)(1)(i)of this section is specified in§ 63.1102(a).

(2) Definitions.Acetal resins production means the

production of homopolymers and/orcopolymers of alternating oxymethyleneunits. Acetal resins are also known aspolyoxymethylenes, polyacetals, andaldehyde resins. Acetal resins aregenerally produced by polymerizingformaldehyde (HCHO) with themethylene functional group (CH2) andare characterized by repeating

oxymethylene units (CH2O) in thepolymer backbone.

Back end process vent means anyprocess vent from a continuous unitoperation that is not a front end processvent up to the final separation of rawmaterials and by-products from thestabilized polymer.

Front end process vent means anyprocess vent from a continuous unitoperation involved in the purification offormaldehyde feedstock for use in theacetal homopolymer process. All frontend process vents are restricted to thosevents that occur prior to the polymerreactor.

(3) Requirements. Table 1 of thissection specifies the acetal resinsproduction standards applicability forexisting and new sources. Applicabilityassessment procedures and methods arespecified in §§ 63.1104 through 63.1107.An owner or operator of an affectedsource is not required to perform tests,TRE calculations or other applicabilityassessment procedures if they opt tocomply with the most stringentrequirements for an applicable emissionpoint pursuant to this subpart. Generalcompliance, recordkeeping, andreporting requirements are specified in§§ 63.1108 through 63.1112. Proceduresfor approval of alternative means ofemission limitations are specified in§ 63.1113. The owner or operator mustcontrol organic HAP emissions fromeach affected source emission point bymeeting the applicable requirementsspecified in table 1 of this section.

TABLE 1. TO § 63.1103(a)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACETAL RESINS PRODUCTIONEXISTING OR NEW AFFECTED SOURCE?

If you own or operate. . . And if. . . Then you must. . .

1. A storage vessel with: 34 cubic meters < ca-pacity.

The maximum true vapor pressure of organicHAP > 17.1 kilopascals (for existingsources) or > 11.7 kilopascals (for newsources).

a. Reduce emissions of total organic HAP by95 weight-percent by venting emissionsthrough a closed vent system to any com-bination of control devices meeting the re-quirements of subpart SS (national emis-sion standards for closed vent systems,control devices, recovery devices, and rout-ing to a fuel gas system or a process), asspecified in § 63.982(a)(1) (storage vesselrequirements) of this part; or

b. Comply with the requirements of subpartWW (national emission standards for stor-age vessels (control level 2)) of this part.

2. A front end process vent from continuousunit operations.

.......................................................................... a. Reduce emissions of total organic HAP byusing a flare meeting the requirements ofsubpart SS of this part; or

b. Reduce emissions of total organic HAP by60 weight-percent, or reduce TOC to a con-centration of 20 parts per million by volume,whichever is less stringent, by ventingemissions through a closed vent system toany combination of control devices meetingthe requirements of subpart SS, as speci-fied in § 63.982(a)(2) (process vent require-ments) of this part.



TABLE 1. TO § 63.1103(a)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACETAL RESINS PRODUCTIONEXISTING OR NEW AFFECTED SOURCE?—Continued

If you own or operate. . . And if. . . Then you must. . .

3. A back end process vent from continuousunit operations.

The vent stream has a a TREa < 1.0 .............. a. Reduce emissions of total organic HAP byusing a flare meeting the requirements ofsubpart SS of this part; or

b. Reduce emissions of total organic HAP by98 weight-percent, or reduce TOC to a con-centration of 20 parts per million by volume,whichever is less stringent, by ventingemissions through a closed vent system toany combination of control devices meetingthe requirements of subpart SS, as speci-fied in § 63.982(a)(2) (process vent require-ments) of this part; or

c. Achieve and maintain a TRE index valuegreater than 1.0.

4. A back end process vent from continuousunit operations.

1.0 ≤ TREa ≤ 4.0 .............................................. Monitor and keep records of equipment oper-ating parameters specified to be monitoredunder subpart SS, §§ 63.990(c)(absorber,condenser, and carbon adsorber moni-toring) or 63.995(c) (other noncombustionsystems used as a control device moni-toring) of this part.

5. Equipment as defined under § 63.1101 ......... The equipment contains or contacts ≥ 10weight-percent organic HAPb, and operates≤ 300 hours per year.

Comply with the requirements of subpart TT(national emission standards for equipmentleaks (control level 1)) or subpart UU (na-tional emission standards for equipmentleaks (control level 2)) of this part.

a The TRE is determined according to the procedures specified in § 63.1104(j).b The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

(b) Acrylic and modacrylic fiberproduction applicability, definitions,and requirements. (1) Applicability. (i)Affected source. For the acrylic fibersand modacrylic fibers production (asdefined in paragraph (b)(2) of thissection) source category, the affectedsource shall comprise all emissionpoints, in combination, listed inparagraphs (b)(1)(i)(A) through (E) ofthis section, that are associated with asuspension or solution polymerizationprocess unit that produces acrylic andmodacrylic fiber located at a majorsource as defined in section 112(a) ofthe Act.

(A) All storage vessels that storeliquid containing acrylonitrile ororganic HAP.

(B) All process vents from continuousunit operations.

(C) All wastewater streams associatedwith the acrylic and modacrylic fibersproduction process unit as defined in(b)(2) of this section.

(D) Equipment (as defined in§ 63.1101 of this subpart) that containsor contacts acrylonitrile or organic HAP.

(E) All acrylic and modacrylic fiberspinning lines using a spinning solutionor suspension having organicacrylonitrile or organic HAP. For thepurposes of implementing thisparagraph, a spinning line includes thespinning solution filters, spin bath, andthe equipment used downstream of the

spin bath to wash, dry, or draw the spunfiber.

(ii) Compliance schedule. Thecompliance schedule, for affectedsources as defined in paragraph (b)(1)(i)of this section, is specified in§ 63.1102(a).

(2) Definitions.Acrylic fiber means a manufactured

synthetic fiber in which the fiber-forming substance is any long-chainsynthetic polymer composed of at least85 percent by weight of acrylonitrileunits.

Acrylic and modacrylic fibersproduction means the production ofeither of the following synthetic fiberscomposed of acrylonitrile units:

(i) Acrylic fiber.(ii) Modacrylic fiber.Acrylonitrile solution polymerization

means a process where acrylonitrile andcomonomers are dissolved in a solventto form a polymer solution (typicallypolyacrylonitrile). The polyacrylonitrileis soluble in the solvent. In contrast tosuspension polymerization, theresulting reactor polymer solution (spindope) is filtered and pumped directly tothe fiber spinning process.

Acrylonitrile suspensionpolymerization means a polymerizationprocess where small drops ofacrylonitrile and comonomers aresuspended in water in the presence ofa catalyst where they polymerize under

agitation. Solid beads of polymer areformed in this suspension reactionwhich are subsequently filtered,washed, refiltered, and dried. The beadsmust be subsequently redissolved in asolvent to create a spin dope prior tointroduction to the fiber spinningprocess.

Fiber spinning line means the groupof equipment and process ventsassociated with acrylic or modacrylicfiber spinning operations. The fiberspinning line includes (as applicable tothe type of spinning process used) theblending and dissolving tanks, spinningsolution filters, wet spinning units, spinbath tanks, and the equipment useddownstream of the spin bath to wash,dry, or draw the spun fiber.

Modacrylic fiber means amanufactured synthetic fiber in whichthe fiber-forming substance is any long-chain synthetic polymer composed of atleast 35 percent by weight ofacrylonitrile units but less than 85percent by weight of acrylonitrile units.

Spin dope means the liquid mixtureof polymer and solvent that is fed to thespinneret to form the acrylic andmodacrylic fibers.

(3) Requirements. An owner oroperator of an affected source mustcomply with the requirements ofparagraph (b)(3)(i) or (ii) of this section.

(i) Table 2 of this section specifies theacrylic and modacrylic fiber production



source category control requirementapplicability for both existing and newsources. Applicability assessmentprocedures and methods are specified in§§ 63.1104 through 63.1107. An owneror operator of an affected source is notrequired to perform tests, or other

applicability assessment procedures ifthey opt to comply with the moststringent requirements for an applicableemission point pursuant to this subpart.General compliance, recordkeeping, andreporting requirements are specified in§§ 63.1108 through 63.1112. Procedures

for approval of alternative means ofemission limitations are specified in§ 63.1113. The owner or operator mustcontrol organic HAP emissions fromeach affected source emission point bymeeting the applicable requirementsspecified in table 2 of this section.

TABLE 2.—TO § 63.1103(b)(3)(i)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLICFIBER PRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (b)(3)(i) OF THISSECTION?

If you own or operate... And if... Then you must...

1. A storage vessel ............................................ The stored material is acrylonitrile ................... a. Reduce emissions of acrylonitrile by 98weight-percent by venting emissionsthrough a closed vent system to any com-bination of control device meeting the re-quirements of subpart SS (national emis-sion standards for closed vent systems,control devices, recovery devices, and rout-ing to a fuel gas system or a process), asspecified in § 63.982(a)(1) (storage vesselrequirements) of this part, or 95 weight-per-cent or greater by venting through a closedvent system to a recovery device meetingthe requirements of subpart SS (nationalemission standards for closed vent sys-tems, control devices, recovery devices,and routing to a fuel gas system or a proc-ess), § 63.993 (recovery device require-ments) of this part; or


2. A process vent from continuous unit oper-ations (halogenated).

The vent steam has a mass emission rate ofhalogen atoms contained in organic com-pounds ≥0.45 kilograms per hour a and anacrylonitrile concentration ≥50 parts per mil-lion by volume b and an average flow rate≥0.005 cubic meters per minute.

a. Reduce emissions of acrylonitrile or TOCas specified for nonhalogenated processvents from continuous unit operations (otherthan by using a flare) by venting emissionsthrough a closed vent system to a halogenreduction device meeting the requirementsof subpart SS, § 63.994 (halogen reductiondevices requirements) of this part that re-duces hydrogen halides and halogens by99 weight-percent or to less than 0.45 kilo-grams per year, whichever is less stringent;or

b. Reduce the process vent halogen atommass emission rate to less than 0.45 kilo-grams per hour by venting emissionsthrough a closed vent system to a halogenreduction device meeting the requirementsof subpart SS, § 63.994 (halogen reductiondevices requirements) of this part and thencomplying with the requirements specifiedfor process vents from continuous unit op-erations (nonhalogenated).

3. A process vent from continuous unit oper-ations (nonhalogenated).

The vent steam has a mass emission rate ofhalogen atoms contained in organic com-pounds <0.45 kilograms per hour a, and anacrylonitrile concentration ≥50 parts per mil-lion by volume b and an average flow rate≥0.005 cubic meters per minute.

a. Reduce emissions of acrylonitrile by usinga flare meeting the requirements of subpartSS, § 63.987 (flare requirements) of thispart or

b. Reduce emissions of acrylonitrile by 98weight-percent, or reduce TOC to a con-centration of 20 parts per million by volume,whichever is less stringent, by ventingemissions through a closed vent system toany combination of control devices meetingthe requirements of subpart SS (nationalemission standards for closed vent sys-tems, control devices, recovery devices,and routing to a fuel gas system or a proc-ess), as specified in § 63.982(a)(2) (processvent requirements) of this part.



TABLE 2.—TO § 63.1103(b)(3)(i)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLICFIBER PRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (b)(3)(i) OF THISSECTION?—Continued

If you own or operate... And if... Then you must...

4. A fiber spinning line that is a new or modifiedsource.

The lines use a spin dope produced from ei-ther a suspension polymerization processor solution polymerization process,.

a. Reduce acrylonitrile emissions by 85weight-percent or more. (For example, byenclosing the spinning and washing areasof the spinning line (as specified in para-graph (b)(4) of this section) and ventingthrough a closed vent system and usingany combination of control devices meetingthe requirements of subpart SS, as speci-fied in § 63.982(a), of this part); or

b. Reduce acrylonitrile emissions from thespinning line to less than or equal to 0.25kilograms of acrylonitrile per megagram (0.5pounds of acrylonitrile per ton) of acrylicand modacrylic fiber produced; or

c. Reduce the AN concentration of the spindope to less than 100 ppmw.

5. A fiber spinning line that is an existingsource.

The spinning line uses a spin dope producedfrom a solution polymerization process.

Maintain records and report emissions asspecified in §§ 63.1109 through 63.1110.Control of spinning line AN emissions is notrequired

6. A fiber spinning line that is an existingsource.

The spinning line uses a spin dope producedfrom a suspension polymerization process.

a. Reduce the AN concentration of the spindope to less than 100 ppmw b, or

b. Reduce acrylonitrile emissions from thespinning line to less than or equal to 0.025kilograms of acrylonitrile per megagram ofacrylic and modacrylic fiber produced.

7. Equipment as defined under § 63.1101 ......... It contains or contacts ≥10 weight-percent ac-rylonitrile c, and operates ≥300 hours peryear.


a The mass emission rate of halogen atoms contained in organic compounds is determined according to the procedures specified in§ 63.1104(i).

b The percent by weight organic HAP is determined according to the procedures specified in § 63.1107.c The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

(ii) The owner or operator mustcontrol organic HAP emissions from theacrylic and modacrylic fibersproduction facility by meeting theapplicable requirements specified intable 3 of this section. The owner oroperator must determine the facilityacrylonitrile emission rate using theprocedures specified in paragraph (b)(5)

of this section. Applicability assessmentprocedures and methods are specified in§§ 63.1104 through 63.1107. An owneror operator of an affected source doesnot have to perform tests, TREcalculations or other applicabilityassessment procedures if they opt tocomply with the most stringentrequirements for an applicable emission

point pursuant to this subpart. Generalcompliance, recordkeeping, andreporting requirements are specified in§§ 63.1108 through 63.1112. Proceduresfor approval of alternative means ofemission limitations are specified in§ 63.1113.

TABLE 3. TO § 63.1103(b)(3)(ii).—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLICFIBER PRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (b)(3)(ii) OF THISSECTION?

If you own or operate... Then you must control total organic HAP emissions from the affected source by...

1. An acrylic and modacrylic fibers productionaffected source and your facility is an existingsource.

Meeting all of following requirements:a. Reduce total acrylonitrile emissions from all affected storage vessels, process vents, waste-

water streams associated with the acrylic and modacrylic fibers production process unit asdefined in paragraph (b)(2) of this section, and fiber spinning lines operated in your acrylicand modacrylic fibers production facility to less than or equal to 1.0 kilograms (kg) of acrylo-nitrile per megagram (Mg) of fiber produced.

b. Determine the facility acrylonitrile emission rate in accordance with the requirements speci-fied in paragraph(b)(5) of this section.

2. An acrylic and modacrylic fibers productionaffected source and your facility is a newsource.

Meeting all of following requirements:a. Reduce total acrylonitrile emissions from all affected storage vessels, process vents, waste-

water streams associated with the acrylic and modacrylic fibers production process unit asdefined in paragaph (b)(2) of this section, and fiber spinning lines operated in the acrylic andmodacrylic fibers production facility to less than or equal to 0.5 kilograms (kg) of acrylonitrileper megagram (Mg) of fiber produced.



TABLE 3. TO § 63.1103(b)(3)(ii).—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE AN ACRYLIC AND MODACRYLICFIBER PRODUCTION EXISTING OR NEW AFFECTED SOURCE AND AM COMPLYING WITH PARAGRAPH (b)(3)(ii) OF THISSECTION?—Continued

If you own or operate... Then you must control total organic HAP emissions from the affected source by...

b. Determine the facility acrylonitrile emission rate in accordance with the requirements speci-fied in paragraph (b)(5) of this section.

3. Equipment as defined under § 63.1101 and itcontains or contacts ≥ 10 weight-percent ac-rylonitrile,a and operates ≥ 300 hours per year.

Meeting either of the following standards for equipment leaks:a. Comply with subpart TT of this part; orb. Comply with subpart UU of this part.

a The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

(4) Fiber spinning line enclosurerequirements. For an owner or operatorof a new or modified source electing tocomply with paragraph (b)(3)(i) of thissection, the fiber spinning lineenclosure must be designed andoperated to meet the requirementsspecified in paragraphs (b)(4)(i) through(iv) of this section.

(i) The enclosure must cover thespinning and washing areas of thespinning line.

(ii) The enclosure must be designedand operated in accordance with thecriteria for a permanent total enclosureas specified in ‘‘Procedure T—Criteriafor and Verification of a Permanent orTemporary Total Enclosure’’ in 40 CFR52.741, Appendix B.

(iii) The enclosure may havepermanent or temporary openings toallow worker access; passage of materialinto or out of the enclosure by conveyor,vehicles, or other mechanical means;entry of permanent mechanical orelectrical equipment; or to direct airflowinto the enclosure.

(iv) The owner or operator mustperform the verification procedure forthe enclosure as specified in section 5.0to ‘‘Procedure T—Criteria for andVerification of a Permanent orTemporary Total Enclosure’’ initiallywhen the enclosure is first installedand, thereafter, annually.

(5) Facility acrylonitrile emission ratedetermination. For an owner or operatorelecting to comply with paragraph(b)(3)(ii) of this section, the facilityacrylonitrile emission rate must bedetermined using the requirementsspecified in paragraphs (b)(5)(i) through(iii) of this section.

(i) The owner or operator mustprepare an initial determination of thefacility acrylonitrile emission rate.

(ii) Whenever changes to the acrylicor modacrylic fiber productionoperations at the facility couldpotentially cause the facilityacrylonitrile emission rate to exceed theapplicable limit of kilogram ofacrylonitrile per Megagram of fiberproduced, the owner or operator must

prepare a new determination of thefacility acrylonitrile emission rate.

(iii) For each determination, theowner or operator must prepare andmaintain at the facility site sufficientprocess data, emissions data, and anyother documentation necessary tosupport the facility acrylonitrileemission rate calculation.

(c) Hydrogen fluoride productionapplicability, definitions, andrequirements. (1) Applicability. (i)Affected source. For the hydrogenfluoride production (as defined inparagraph (c)(2) of this section) sourcecategory, the affected source shallcomprise all emission points, incombination, listed in paragraphs(c)(1)(i)(A) through (D) of this section,that are associated with a hydrogenfluoride production process unit locatedat a major source as defined in section112(a) of the Act.

(A) All storage vessels used toaccumulate or store hydrogen fluoride.

(B) All process vents from continuousunit operations associated withhydrogen fluoride recovery and refiningoperations. These process vents includevents on condensers, distillation units,and water scrubbers.

(C) All transfer racks used to loadhydrogen fluoride into tank trucks orrailcars.

(D) Equipment in hydrogen fluorideservice (as defined in paragraph (c)(2) ofthis section).

(ii) Compliance schedule. Thecompliance schedule, for affectedsources as defined in paragraph (c)(1)(i)of this section, is specified in§ 63.1102(a).

(2) Definitions.Connector means flanged, screwed, or

other joined fittings used to connect twopipelines or a pipeline and a piece ofequipment. A common connector is aflange. Joined fittings weldedcompletely around the circumference ofthe interface are not consideredconnectors for the purposes of thissubpart.

Equipment means each pump,compressor, agitator, pressure reliefdevice, sampling connection system,

open-ended valve or line, valve,connector, and instrumentation systemin hydrogen fluoride service; and anycontrol devices or closed-vent systemsused to comply with this subpart.

Hydrogen fluoride production meansa process engaged in the production andrecovery of hydrogen fluoride byreacting calcium fluoride with sulfuricacid. For the purpose of implementingthis subpart, hydrogen fluorideproduction is not a process thatproduces gaseous hydrogen fluoride fordirect reaction with hydrated aluminumto form aluminum fluoride (i.e., thehydrogen fluoride is not recovered as anintermediate or final product prior toreacting with the hydrated aluminum).

In hydrogen fluoride service meansthat a piece of equipment eithercontains or contacts a hydrogen fluorideprocess fluid (liquid or gas).


Instrumentation system means agroup of equipment components used tocondition and convey a sample of theprocess fluid to analyzers andinstruments for the purpose ofdetermining process operatingconditions (e.g., composition, pressure,flow, etc.). Valves and connectors arethe predominant type of equipmentused in instrumentation systems;however, other types of equipment mayalso be included in these systems.

Kiln seal means the mechanical orhydraulic seals at both ends of the kiln,designed to prevent the infiltration ofmoisture and air through the interface ofthe rotating kiln and stationary pipesand equipment attached to the kilnduring normal vacuum operation of thekiln (operation at an internal pressure ofat least 0.25 kilopascal [one inch ofwater] below ambient pressure).

Leakless pump means a pump whoseseals are submerged in liquid, amagnetically-driven pump, a pumpequipped with a dual mechanical sealsystem that includes a barrier fluidsystem, a canned pump, or other pumpthat is designed with no externally



actuated shaft penetrating the pumphousing.

Open-ended valve or line means anyvalve, except relief valves, having oneside of the valve seat in contact withprocess fluid and one side open to theatmosphere, either directly or throughopen piping.



Relief device or valve means a valveused only to release an unplanned,

nonroutine discharge. A relief valvedischarge can result from an operatorerror, a malfunction such as a powerfailure or equipment failure, or otherunexpected cause that requiresimmediate venting of gas from processequipment in order to avoid safetyhazards or equipment damage.

Repaired for the purpose of thisregulation means equipment is adjusted,or otherwise altered, to eliminate a leakidentified by sensory monitoring.


Sensory monitoring means thedetection of a potential leak to theatmosphere by walk-through visual,audible, or olfactory monitoring.Comprehensive component-by-component inspection is not required.

Shift means the time a shift operatornormally works, typically 8 or 12 hours.

(3) Requirements. Table 4 of thissection specifies the hydrogen fluorideproduction source category applicabilityand control requirements for bothexisting and new sources. The owner oroperator must control hydrogen fluorideemissions from each affected sourceemission point as specified in table 4.General compliance, recordkeeping, andreporting requirements are specified in§§ 63.1108 through 63.1112. Specificmonitoring, recordkeeping, andreporting requirements are specified intable 4. Minimization of emissions fromstartups, shutdowns, and malfunctions,including those resulting from kiln sealsmust be addressed in the startup,shutdown, and malfunction planrequired by § 63.1111; the plan mustalso establish reporting andrecordkeeping of such events.Procedures for approval of alternativemeans of emission limitations arespecified in § 63.1113.

TABLE 4. TO § 63.1103(C)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A HYDROGEN FLUORIDE PRODUCTIONEXISTING OR NEW AFFECTED SOURCE?

If you own or operate . . . And if . . . Then you must . . .

1. A storage vessel ............................................ The stored material is hydrogen fluoride ......... Reduce emissions of hydrogen fluoride byventing displacement emissions created bynormal filling or emptying activities througha closed-vent system to a recovery systemor wet scrubber that is designed and oper-ated to achieve a 99 weight-percent re-moval efficiency. The minimum liquid flowrate to the scrubber that achieves a 99weight-percent removal efficiency shall beestablished, and may be done so by designanalysis. The liquid flow rate to the scrub-ber shall be continuously monitored andrecords maintained according to § 63.996and § 63.998(b), (c), and (d)(3) of 40 CFRsubpart SS of this part. The Periodic Reportspecified in § 63.1110(a)(5) of this subpartshall include the information specified in§ 63.999(c) of 40 CFR subpart SS of thispart, as applicable.

2. A process vent from continuous unit oper-ations.

The vent stream is from hydrogen fluoride re-covery and refining vessels.

Reduce emissions of hydrogen fluoride fromthe process vent by venting emissionsthrough a closed-vent system to a wetscrubber that is designed and operated toachieve a 99 weight-percent removal effi-ciency. Monitoring, recordkeeping, and re-porting of wet scrubber operation shall be inaccordance with the requirements statedabove for a wet scrubber controlling hydro-gen fluoride emissions from a storage ves-sel.



TABLE 4. TO § 63.1103(C)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A HYDROGEN FLUORIDE PRODUCTIONEXISTING OR NEW AFFECTED SOURCE?—Continued


3. A transfer rack ................................................ The transfer rack is associated with bulk hy-drogen fluoride liquid loading into tanktrucks and rail cars.

Reduce emissions of hydrogen fluoride byventing emissions through a closed-ventsystem to a recovery system or wet scrub-ber that is designed and operated toachieve a 99 weight-percent removal effi-ciency. Monitoring, recordkeeping, and re-porting of wet scrubber operation shall be inaccordance with the requirements statedabove for a wet scrubber controlling HFemissions from a storage vessel. You alsomust load hydrogen fluoride into only tanktrucks and railcars that have a current cer-tification in accordance with the U.S. DOTpressure test requirements of 49 CFR part180 for tank trucks and 49 CFR 173.31 forrailcars; or have been demonstrated to bevapor-tight (i.e. will sustain a pressurechange of not more than 750 Pascals within5 minutes after it is pressurized to a min-imum or 4,500 Pascals) within the pre-ceding 12 months.

4. Equipment ...................................................... It is in hydrogen fluoride service and operates≥ 300 hours per year and is not in vacuumservice.

Control hydrogen fluoride emissions by usingleakless pumps and by implementing a sen-sory monitoring leak detection program.Equipment that is excluded from sensorymonitoring because it operates less than300 hours per year or is in vacuum serviceshall be identified by list, location, or othermethod and the identity shall be recorded.An owner or operator is required to performsensory monitoring at least once everyshift, but no later than within 15 days.When a leak is detected, repair must beginwithin one hour and be completed as soonas practical. A record shall be kept of eachleak detected and repaired including: equip-ment identification number, date and timethe leak was detected and that repair wasinitiated, and the date of successful repair.

(d) Polycarbonate productionapplicability, definitions, andrequirements.

(1) Applicability.(i) Affected source. For the

polycarbonate production (as defined inparagraph (d)(2) of this section) sourcecategory, the affected source shallcomprise all emission points, incombination, listed in paragraphs(d)(1)(i)(A) through (D) of this section,that are part of a polycarbonateproduction process unit located at amajor source as defined in section112(a) of the Act. For the purposes ofthis rule, a polycarbonate productionprocess unit is a unit that producespolycarbonate by interfacialpolymerization from bisphenols andphosgene. Phosgene production unitsthat are associated with polycarbonateproduction process units are consideredto be part of the polycarbonateproduction process. A phosgeneproduction unit consists of the reactorin which phosgene is formed and all

equipment (listed in paragraphs(d)(1)(i)(A) through (D) of this section)downstream of the reactor that providesphosgene for the production ofpolycarbonate. Therefore, for thepurposes of this rule, such a phosgeneproduction unit is considered to be apolycarbonate production process unit.

(A) All storage vessels that storeliquids containing organic HAP.

(B) All process vents from continuousand batch unit operations.

(C) All wastewater streams.(D) Equipment (as defined in

§ 63.1101 of this subpart) that containsor contacts organic HAP.

(ii) Compliance schedule. Thecompliance schedule, for affectedsources as defined in paragraph (d)(1)(i)of this section, is specified in§ 63.1102(a).

(2) Definitions.Polycarbonate production means a

process engaged in the production of aspecial class of polyester formed fromany dihydroxy compound and any

carbonate diester or by ester exchange.Polycarbonate may be produced bysolution or emulsion polymerization,although other methods may be used. Atypical method for the manufacture ofpolycarbonate includes the reaction ofbisphenol-A with phosgene in thepresence of pyridine or other catalyst toform polycarbonate. Methylene chlorideor other solvents are used in thispolymerization reaction.

(3) Requirements. Tables 5 and 6 ofthis section specify the applicabilitycriteria and standards for existing andnew sources within the polycarbonateproduction source category. The owneror operator must control organic HAPemissions from each affected sourceemission point by meeting theapplicable requirements specified intables 5 and 6. Applicability assessmentprocedures and methods are specified in§§ 63.1104 through 63.1107. An owneror operator of an affected source is notrequired to perform tests, TREcalculations or other applicability



assessment procedures if they opt tocomply with the most stringentrequirements for an applicable emissionpoint pursuant to this subpart. General

compliance, recordkeeping, andreporting requirements are specified in§§ 63.1108 through 63.1112. Proceduresfor approval of alternative means of

emission limitations are specified in§ 63.1113.

TABLE 5 TO § 63.1103(d)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTIONEXISTING AFFECTED SOURCE?


1. A storage vessel with: 75 cubic meters ≤ ca-pacity < 151 cubic meters.

27.6 kilopascals ≤ maximum true vapor pres-sure of total organic HAP < 76.6 kilopascals.

Reduce emissions of total organic HAP by 95weight-percent by venting emissionsthrough a closed vent system to any com-bination of control devices meeting the re-quirements of subpart SS (national emis-sion standards for closed vent systems,control devices, recovery devices, and rout-ing to a fuel gas system or a process), asspecified in § 63.982(a)(1) (storage vesselrequirements) of this part; or comply withthe requirements of subpart WW (nationalemission standards for storage vessels(control level 2)) of this part.

2. A storage vessel with: 151 cubic meters ≤capacity.

The maximum true vapor pressure of total or-ganic HAP ≥ 5.2 kilopascals.

Reduce emissions of total organic HAP by 98weight-percent by venting emissionsthrough a closed vent system to any com-bination of control devices meeting the re-quirements of subpart SS, as specified in§ 63.982(a)(1) (storage vessel require-ments) of this part


The maximum true vapor pressure of total or-ganic HAP ≥ 76.6 kilopascals.

Reduce emissions of total organic HAP by 95weight-percent by venting emissionsthrough a closed vent system to any com-bination of control devices meeting the re-quirements of subpart SS, as specified in§ 63.982(a)(1) (storage vessel require-ments) of this part.

4. A process vent from continuous unit oper-ations or a combined vent stream a.

The vent stream has a TRE b,c ≤ 2.7 ............... a. Reduce emissions of total organic HAP by98 weight-percent; or reduce total organicHAP to a concentration of 20 parts per mil-lion by volume; whichever is less stringent,by venting emissions through a closed ventsystem to any combination of control de-vices meeting the requirements of subpartSS, as specified in § 63.982(a)(2) (processvent requirements) of this part and ventemissions through a closed vent system toa halogen reduction device meeting the re-quirements of subpart SS, § 63.994, of thispart, that reduces hydrogen halides andhalogens by 99 weight-percent or to lessthan 0.45 kilograms per hour d, whichever isless stringent; or

........................................................................ b. Reduce the process vent halogen atommass emission rate to less than 0.45 kilo-grams per hour by venting emissionsthrough a closed vent system to a halogenreduction device meeting the requirementsof subpart SS, § 63.994 (halogen reductiondevice requirements) of this part and re-duce emissions of total organic HAP by 98weight-percent; or reduce total organic HAPor TOC to a concentration of 20 parts permillion by volume; whichever is less strin-gent, by venting emissions through a closedvent system to any combination of controldevices meeting the requirements of sub-part SS, as specified in § 63.982(a)(2)(process vent requirements) of this part; or

c. Achieve and maintain a TRE index valuegreater than 2.7.



TABLE 5 TO § 63.1103(d)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTIONEXISTING AFFECTED SOURCE?—Continued



2.7 < TRE b,c ≤ 4.0 ........................................... Monitor and keep records of equipment oper-ating parameters specified to be monitoredunder subpart SS, §§ 63.990(c) (absorber,condenser, and carbon adsorber moni-toring) or 63.995(c) (other noncombustionsystems used as a control device moni-toring) of this part.

6. Equipment as defined under § 63.1101 ......... The equipment contains or contacts ≥ 5weight-percent total organic HAPd, and op-erates ≥ 300 hours per year.


a Combined vent streams shall use the applicability determination procedures and methods for process vents from continuous unit operations(§ 63.1104).

b The TRE equation coefficients for halogenated streams (table 1 of § 63.1104(j)(1)) shall be used to calculate the TRE index value.c The TRE is determined according to the procedures specified in § 63.1104(j). If a dryer is manifolded with such vents, and the vent is routed

to a recovery, recapture, or combustion device, then the TRE index value for the vent must be calculated based on the properties of the ventstream (including the contributions of the dryer). If a dryer is manifolded with other vents and not routed to a recovery, recapture, or combustiondevice, then the TRE index value must be calculated excluding the contributions of the dryer. The TRE index value for the dryer must be cal-culated separately in this case.

d The mass emission rate of halogen atoms contained in organic compounds is determined according to the procedures specified in§ 63.1104(i).

e The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

TABLE 6. TO § 63.1103(d)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTIONNEW AFFECTED SOURCE?



13.1 kilopascals ≤ maximum true vapor pres-sure of total organic HAP < 76.6kilopascalsa.

a. Reduce emissions of total organic HAP by95 weight-percent by venting emissionsthrough a closed vent system to any com-bination of control devices meeting the re-quirements of subpart SS (national emis-sion standards for closed vent systems,control devices, recovery devices, and rout-ing to a fuel gas system or a process), asspecified in § 63.982(a)(1) (storage vesselrequirements) of this part; or


2. A storage vessel with: 151 cubic meters≥capacity.

The vapor pressure of total organic HAP is ≥5.2 kilopascals.



The vapor pressure of total organic HAP is ≥76.6 kilopascals.




TABLE 6. TO § 63.1103(d)—WHAT ARE MY REQUIREMENTS IF I OWN OR OPERATE A POLYCARBONATE PRODUCTIONNEW AFFECTED SOURCE?—Continued



The vent stream has a a TREb,c ≤ 9.6 ........... a. Reduce emissions of total organic HAP by98 weight-percent; or reduce total organicHAP to a concentration of 20 parts per mil-lion by volume; whichever is less stringent,by venting emissions through a closed ventsystem to any combination of control de-vices meeting the requirements of subpartSS, as specified in § 63.982(a)(2) (processvent requirements) of this part and ventemissions through a closed vent system toa halogen reduction device meeting the re-quirements of subpart SS, § 63.994, of thispart that reduces hydrogen halides andhalogens by 99 weight-percent or to lessthan 0.45 kilograms per hourd, whichever isless stringent; or

b. Reduce the process vent halogen atommass emission rate to less than 0.45 kilo-grams per hour by venting emissionsthrough a closed vent system to a halogenreduction device meeting the requirementsof subpart SS, § 63.994 (halogen reductiondevice requirements) of this part and re-duce emissions of total organic HAP by 98weight-percent; or reduce total organic HAPor TOC to a concentration of 20 parts permillion by volume; whichever is less strin-gent, by venting emissions through a closedvent system to any combination of controldevices meeting the requirements of sub-part SS, as specified in § 63.982(a)(2)(process vent requirements) of this part; or

c. Achieve and maintain a TRE index valuegreater than 9.6

5. Equipment as defined under § 63.1101 ......... The equipment contains or contacts ≥ 5weight-percent HAPe, and operates ≥ 300hours per year.

Comply with the requirements of 40 CFR sub-part TT (national emission standards forequipment leaks (control level 1)) or sub-part UU (national emission standards forequipment leaks (control level 2)) of thispart.

a Combined vent streams shall use the applicability determination procedures and methods for process vents from continuous unit operations(§ 63.1104).

b The TRE equation coefficients for halogenated streams (table 1 of § 63.1104(j)(1)) shall be used to calculate the TRE index value.c The TRE is determined according to the procedures specified in § 63.1104(j). If a dryer is manifolded with such vents, and the vent is routed

to a recovery, recapture, or combustion device, then the TRE index value for the vent must be calculated based on the properties of the ventstream (including the contributions of the dryer). If a dryer is manifolded with other vents and not routed to a recovery, recapture, or combustiondevice, then the TRE index value must be calculated excluding the contributions of the dryer. The TRE index value for the dryer must be cal-culated separately in this case.

d The mass emission rate of halogen atoms contained in organic compounds is determined according to the procedures specified in§ 63.1104(i).

e The weight-percent organic HAP is determined for equipment according to procedures specified in § 63.1107.

§ 63.1104 Process vents from continuousunit operations: applicability assessmentprocedures and methods.

(a) General. The provisions of thissection provide calculation andmeasurement methods for criteria thatare required by § 63.1103 to be used todetermine applicability of the controlrequirements for process vents fromcontinuous unit operations. The owneror operator of a process vent is notrequired to determine the criteriaspecified for a process vent that is beingcontrolled in accordance with theapplicable weight-percent or TOCconcentration requirement in § 63.1103.

(b) Sampling sites. For purposes ofdetermining process vent applicabilitycriteria, the sampling site shall belocated as specified in (b)(1) through (4)of this section, as applicable.

(1) Sampling site location if TREdetermination is required. If theapplicability criteria specified in theapplicable table of § 63.1103 includes aTRE index value, the sampling site fordetermining volumetric flow rate,regulated organic HAP concentration,total organic HAP or TOC concentration,heating value, and TRE index value,shall be after the final recovery device(if any recovery devices are present) but

prior to the inlet of any control devicethat is present, and prior to release tothe atmosphere.

(2) Sampling site location if TREdetermination is not required. If theapplicability criteria specified in theapplicable table of § 63.1103 does notinclude a TRE index value, the samplingsite for determining volumetric flowrate, regulated organic HAPconcentration, total organic HAP or TOCconcentration, and any other specifiedparameter shall be at the exit from theunit operation before any controldevice.



(3) Sampling site selection method.Method 1 or 1A of 40 CFR part 60,appendix A, as appropriate, shall beused for selection of the sampling site.No traverse site selection method isneeded for process vents smaller than0.10 meter (0.33 foot) in nominal insidediameter.

(4) Sampling site when a halogenreduction device is used prior to acombustion device. An owner oroperator using a scrubber to reduce theprocess vent halogen atom massemission rate to less than 0.45 kilogramsper hour (0.99 pound per hour) prior toa combustion control device incompliance with § 63.1103 (asappropriate) shall determine thehalogen atom mass emission rate priorto the combustion device according tothe procedures in paragraph (i) of thissection.

(c) Applicability assessmentrequirement. The TOC or organic HAPconcentrations, process vent volumetricflow rates, process vent heating values,process vent TOC or organic HAPemission rates, halogenated process ventdeterminations, process vent TRE indexvalues, and engineering assessmentprocess vent control applicabilityassessment requirements are to bedetermined during maximumrepresentative operating conditions forthe process, except as provided inparagraph (d) of this section, or unlessthe Administrator specifies or approvesalternate operating conditions.Operations during periods of startup,shutdown, and malfunction shall notconstitute representative conditions forthe purpose of an applicability test.

(d) Exceptions. For a process ventstream that consists of at least oneprocess vent from a batch unit operationmanifolded with at least one processvent from a continuous unit operation,the TRE shall be calculated duringperiods when one or more batchemission episodes are occurring thatresult in the highest organic HAPemission rate (in the combined ventstream that is being routed to therecovery device) that is achievableduring the 6-month period that begins 3months before and ends 3 months afterthe TRE calculation, without causingany of the situations described inparagraphs (d)(1) through (3) to occur.

(1) Causing damage to equipment;(2) Necessitating that the owner or

operator make product that does notmeet an existing specification for sale toa customer; or

(3) Necessitating that the owner oroperator make produce in excess ofdemand.

(e) TOC or Organic HAPconcentration. The TOC or organic HAP

concentrations, used for TRE indexvalue calculations in paragraph (j) ofthis section, shall be determined basedon paragraph (e)(1), (e)(2) or (k) of thissection, or any other method or data thathave been validated according to theprotocol in method 301 of appendix Aof this part. For concentrations neededfor comparison with the appropriatecontrol applicability concentrationsspecified in § 63.1103, TOC or organicHAP concentration shall be determinedbased on paragraph (e)(1), (e)(2), or (k)of this section or any other method ordata that has been validated accordingto the protocol in method 301 ofappendix A of this part. The owner oroperator shall record the TOC or organicHAP concentration as specified inparagraph (l)(3) of this section.

(1) Method 18. The proceduresspecified in paragraph (e)(1)(i) and (ii)of this section shall be used to calculateparts per million by volumeconcentration using method 18 of 40CFR part 60, appendix A:

(i) The minimum sampling time foreach run shall be 1 hour in which eitheran integrated sample or four grabsamples shall be taken. If grab samplingis used, then the samples shall be takenat approximately equal intervals in time,such as 15-minute intervals during therun.

(ii) The concentration of either TOC(minus methane and ethane) orregulated organic HAP emissions shallbe calculated according to paragraph(e)(1)(ii)(A) or (B) of this section, asapplicable.

(A) The TOC concentration (CTOC) isthe sum of the concentrations of theindividual components and shall becomputed for each run using Equation1:

C

C

xEqTOC

jij

n

i

x

=

==∑∑

11[ . 1]

Where:CTOC = Concentration of TOC (minus

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

Cji = Concentration of samplecomponent j of the sample i, drybasis, parts per million by volume.


x = Number of samples in the samplerun.

(B) The regulated organic HAP or totalorganic HAP concentration (CHAP) shallbe computed according to Equation 1 inparagraph (e)(1)(ii)(A) of this sectionexcept that only the regulated or totalorganic HAP species shall be summed,as appropriate.

(2) Method 25A. The proceduresspecified in paragraphs (e)(2)(i) through(vi) of this section shall be used tocalculate parts per million by volumeconcentration using Method 25A of 40CFR part 60, appendix A.

(i) Method 25A of 40 CFR part 60,appendix A shall be used only if asingle organic HAP compoundcomprises greater than 50 percent oftotal organic HAP or TOC, by volume,in the process vent.

(ii) The process vent composition maybe determined by either processknowledge, test data collected using anappropriate Environmental ProtectionAgency method or a method or datavalidated according to the protocol inMethod 301 of appendix A of part 63.Examples of information that couldconstitute process knowledge includecalculations based on material balances,process stoichiometry, or previous testresults provided the results are stillrelevant to the current process ventconditions.

(iii) The organic compound used asthe calibration gas for Method 25A of 40CFR part 60, appendix A shall be thesingle organic HAP compound presentat greater than 50 percent of the totalorganic HAP or TOC by volume.

(iv) The span value for Method 25Aof 40 CFR part 60, appendix A shall beequal to the appropriate controlapplicability concentration valuespecified in the applicable table(s)presented in § 63.1103 of this subpart.

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

(vi) The owner or operator shalldemonstrate that the concentration ofTOC including methane and ethanemeasured by Method 25A of 40 CFRpart 60, appendix A is below one-halfthe appropriate control applicabilityconcentration specified in theapplicable table for a subject sourcecategory in § 63.1103 in order to qualifyfor a low organic HAP concentrationexclusion.

(f) Volumetric flow rate. The processvent volumetric flow rate (QS), instandard cubic meters per minute at20 °C, shall be determined as specifiedin paragraphs (f)(1) or (2) of this sectionand shall be recorded as specified in§ 63.1109.

(1) Use Method 2, 2A, 2C, or 2D of 40CFR part 60, appendix A, asappropriate. If the process vent testedpasses through a final steam jet ejectorand is not condensed, the stream



volumetric flow shall be corrected to 2.3percent moisture; or

(2) The engineering assessmentprocedures in paragraph (k) of thissection can be used for determiningvolumetric flow rates.

(g) Heating value. The net heatingvalue shall be determined as specifiedin paragraphs (g)(1) and (2) of thissection, or by using the engineeringassessment procedures in paragraph (k)of this section.

(1) The net heating value of theprocess vent shall be calculated usingEquation 2:

H K D H EqT j jj

n

=

=∑1

1

[ . 2]

Where:HT = Net heating value of the sample,

megaJoule per standard cubicmeter, where the net enthalpy permole of process vent is based oncombustion at 25° C and 760millimeters of mercury, but thestandard temperature fordetermining the volumecorresponding to 1 mole is 20° C, asin the definition of Qs (process ventvolumetric flow rate).

K1 = Constant, 1.740 × 10¥7 (parts permillion)¥1(gram-mole per standardcubic meter) (megaJoule perkilocalorie), where standardtemperature for (gram-mole perstandard cubic meter) is 20° C.

Dj = Concentration on a wet basis ofcompound j in parts per million, asmeasured by procedures indicated inparagraph (e)(2) of this section. Forprocess vents that pass through a finalstream jet and are not condensed, themoisture is assumed to be 2.3 percent byvolume.

Hj = Net heat of combustion ofcompound j, kilocalorie per gram-mole,based on combustion at 25° C and 760millimeters mercury.

(2) The molar composition of theprocess vent (D j) shall be determinedusing the methods specified inparagraphs (g)(2)(i) through (iii) of thissection:

(i) Method 18 of 40 CFR part 60,appendix A to measure theconcentration of each organiccompound.

(ii) American Society for Testing andMaterials D1946–90 to measure theconcentration of carbon monoxide andhydrogen.

(iii) Method 4 of 40 CFR part 60,appendix A to measure the moisturecontent of the stack gas.

(h) TOC or Organic HAP emissionrate. The emission rate of TOC (minusmethane and ethane) (ETOC) and theemission rate of the regulated organicHAP or total organic HAP (EHAP) in theprocess vent, as required by the TREindex value equation specified inparagraph (j) of this section, shall becalculated using Equation 3:

E K C M Q Eqj jj

n

s=

=∑2

1

[ . 3]

Where:E = Emission rate of TOC (minus

methane and ethane) (ETOC) oremission rate of the regulatedorganic HAP or total organic HAP(EHAP) in the sample, kilograms perhour.

K2 = Constant, 2.494 × 10¥6 (parts permillion)¥1 (gram-mole per standardcubic meter) (kilogram/gram)(minutes/hour), where standardtemperature for (gram-mole perstandard cubic meter) is 20° C.


Cj = Concentration on a dry basis oforganic compound j in parts permillion as measured by method 18of 40 CFR part 60, appendix A asindicated in paragraph (e) of thissection. If the TOC emission rate isbeing calculated, Cj includes allorganic compounds measuredminus methane and ethane; if thetotal organic HAP emission rate isbeing calculated, only organic HAPcompounds are included; if theregulated organic HAP emissionrate is being calculated, onlyregulated organic HAP compoundsare included.

Mj = Molecular weight of organiccompound j, gram/gram-mole.

Qs = Process vent flow rate, dry standardcubic meter per minute, at atemperature of 20° C.

(i) Halogenated process ventdetermination. In order to determinewhether a process vent is halogenated,the mass emission rate of halogen atomscontained in organic compounds shallbe calculated according to theprocedures specified in paragraphs (i)(1)and (2) of this section. A process ventis considered halogenated if the massemission rate of halogen atomscontained in the organic compounds isequal to or greater than 0.45 kilogramsper hour.

(1) The process vent concentration ofeach organic compound containinghalogen atoms (parts per million byvolume, by compound) shall be

determined based on one of theprocedures specified in paragraphs(i)(1)(i) through (iv) of this section:

(i) Process knowledge that no halogenor hydrogen halides are present in theprocess vent, or

(ii) Applicable engineeringassessment as discussed in paragraph(k) of this section, or

(iii) Concentration of organiccompounds containing halogens orhydrogen halides as measured byMethod 26 or 26A of 40 CFR part 60,appendix A, or

(iv) Any other method or data thathave been validated according to theapplicable procedures in method 301 ofappendix A of this part.

(2) Equation 4 shall be used tocalculate the mass emission rate ofhalogen atoms:

E K Q C L M Eqj j i j ii

m

j

n

= ∗ ∗

==∑∑2

11, , [ . 4]

Where:E = Mass of halogen atoms, dry basis,

kilogram per hour,K2 = Constant, 2.494 × 10¥6 (parts per

million)¥1 (kilogram-mole perstandard cubic meter) (minute perhour), where standard temperatureis 20° C.

Q = Flow rate of gas stream, drystandard cubic meters per minute,determined according to paragraph(f)(1) or (f)(2) of this section.

n = Number of halogenated compoundsj in the gas stream.

j = Halogenated compound j in the gasstream.

m = Number of different halogens i ineach compound j of the gas stream.

i = Halogen atom i in compound j of thegas stream.

Cj = Concentration of halogenatedcompound j in the gas stream, drybasis, parts per million by volume.

Lji = Number of atoms of halogen i incompound j of the gas stream.

Mji = Molecular weight of halogen atomi in compound j of the gas stream,kilogram per kilogram-mole.

(j) TRE index value. The owner oroperator shall calculate the TRE indexvalue of the process vent using theequations and procedures in thisparagraph, as applicable, and shallmaintain records specified in paragraph(l)(1) or (m)(2) of this section, asapplicable.

(1) TRE index value equation. Theequation for calculating the TRE indexvalue is Equation 5:



TRE E A B (Q EqHAP= ∗ +1/ [ ) )] [ .s T TOC) + C (H + D (E 5]

Where:TRE = TRE index value.A, B, C, D = Coefficients presented in

table 8 of this subpart.EHAP = Emission rate of total organic

HAP, kilograms per hour, ascalculated according to paragraph(h) or (k) of this section.

Qs = process vent flow rate, standardcubic meters per minute, at astandard temperature of 20° C, ascalculated according to paragraph(f) or (k) of this section.

HT = process vent net heating value,megaJoules per standard cubic meter, as

calculated according to paragraph (g) or(k) of this section.

ETOC = Emission rate of TOC (minusmethane and ethane), kilograms perhour, as calculated according toparagraph (h) or (k) of this section.

TABLE 1 OF § 63.1104(j)(1).—COEFFICIENTS FOR TOTAL RESOURCE EFFECTIVENESS a

Existing ornew?

Halogenatedvent stream?

Control de-vice basis

Values of coefficients

A B C D

Existing ......... Yes ............... Thermal In-cineratorand Scrub-ber.

3.995 5.200×10¥2 ¥1.769×10¥3 9.700×10¥4

No ................ Flare ............. 1.935 3.660×10¥1 ¥7.687×10¥3 ¥7.33×10¥4

Thermal In-cinerator 0PercentRecovery

1.492 6.267×10¥2 3.177×10¥2 ¥1.159×10¥3

Thermal In-cinerator70 PercentRecovery

2.519 1.183×10¥2 1.300×10¥2 4.790×10¥2

New .............. Yes ............... Thermal In-cineratorand Scrub-ber.

1.0895 1.417×10¥2 ¥4.82×10¥3 2.645×10¥3

No ................ Flare ............. 5.276×10¥1 9.98×10–2¥2 ¥2.096×10¥3 ¥2.000×10¥4

Thermal In-cinerator 0PercentRecovery

4.068×10¥1 1.71×10¥2 8.664×10¥3 ¥3.16×10¥4

Thermal In-cinerator70 PercentRecovery

6.868×10¥1 3.21×10¥3 3.546×10¥3 1.306×10¥2

a Use according to procedures outlined in this section.MJ/scm = Mega Joules per standard cubic meterscm/min = Standard cubic meters per minute

(2) Nonhalogenated process vents.The owner or operator of anonhalogenated process vent shallcalculate the TRE index value by usingthe equation and appropriatenonhalogenated process vent parametersin table 1 of this section for processvents at existing and new sources. Thelowest TRE index value is to beselected.

(3) Halogenated process vents. Theowner or operator of a halogenatedprocess vent stream, as determinedaccording to procedures specified inparagraph (i) or (k) of this section, shallcalculate the TRE index value using theappropriate halogenated process ventparameters in table 1 of this section forexisting and new sources.

(k) Engineering assessment. Forpurposes of TRE index valuedeterminations, engineeringassessments may be used to determine

process vent flow rate, net heatingvalue, TOC emission rate, and totalorganic HAP emission rate for therepresentative operating conditionexpected to yield the lowest TRE indexvalue. Engineering assessments shallmeet the requirements of paragraphs(k)(1) through (4) of this section. Ifprocess vent flow rate or process ventorganic HAP or TOC concentration isbeing determined for comparison withthe 0.011 standard cubic meters perminute (scmm) flow rate or theapplicable concentration valuepresented in the tables in § 63.1103,engineering assessment may be used todetermine the flow rate or concentrationfor the representative operatingcondition expected to yield the highestflow rate or concentration.

(1) If the TRE index value calculatedusing such engineering assessment andthe TRE index value equation in

paragraph (j) of this section is greaterthan 4.0, then the owner or operator isnot required to perform themeasurements specified in paragraphs(e) through (i) of this section.

(2) If the TRE index value calculatedusing such engineering assessment andthe TRE index value equation inparagraph (j) of this section is less thanor equal to 4.0, then the owner oroperator is required either to performthe measurements specified inparagraphs (e) through (i) of this sectionfor control applicability assessment orcomply with the requirements (orstandards) specified in the tablespresented in § 63.1103 (as applicable).

(3) Engineering assessment includes,but is not limited to, the examplesspecified in paragraphs (k)(3)(i) through(iv) of this section:



(i) Previous test results, provided thetests are representative of currentoperating practices at the process unit.

(ii) Bench-scale or pilot-scale test datarepresentative of the process underrepresentative operating conditions.

(iii) Maximum flow rate, TOCemission rate, organic HAP emissionrate, organic HAP or TOC concentration,or net heating value limit specified orimplied within a permit limit applicableto the process vent.

(iv) Design analysis based on acceptedchemical engineering principles,measurable process parameters, orphysical or chemical laws or properties.Examples of analytical methods include,but are not limited to those specified inparagraphs (k)(3)(iv)(A) through(k)(3)(iv)(D) of this section:

(A) Use of material balances based onprocess stoichiometry to estimatemaximum TOC or organic HAPconcentrations,

(B) Estimation of maximum flow ratebased on physical equipment designsuch as pump or blower capacities,

(C) Estimation of TOC or organic HAPconcentrations based on saturationconditions, and

(D) Estimation of maximum expectednet heating value based on the streamconcentration of each organiccompound or, alternatively, as if allTOC in the stream were the compoundwith the highest heating value.

(4) All data, assumptions, andprocedures used in the engineeringassessment shall be documented. Theowner or operator shall maintain therecords specified in paragraphs (l)(1)through (4) of this section, as applicable.

(l) Applicability assessmentrecordkeeping requirements. (1) TREindex value records. The owner oroperator shall maintain records ofmeasurements, engineering assessments,and calculations performed todetermine the TRE index value of theprocess vent according to theprocedures of paragraph (j) of thissection, including those recordsassociated with halogen vent streamdetermination. Documentation ofengineering assessments shall includeall data, assumptions, and proceduresused for the engineering assessments, asspecified in paragraph (k) of thissection. As specified in paragraph (m) ofthis section, the owner or operator shallinclude this information in theNotification of Compliance Status reportrequired by § 63.1110(a)(4) .

(2) Flow rate records. The owner oroperator shall record the flow rate asmeasured using the sampling site andflow rate determination procedures (ifapplicable) specified in paragraphs (b)and (f) of this section or determined

through engineering assessment asspecified in paragraph (k) of thissection. As specified in paragraph (m) ofthis section, the owner or operator shallinclude this information in theNotification of Compliance Status reportrequired by § 63.1110(a)(4).

(3) Concentration records. The owneror operator shall record the regulatedorganic HAP or TOC concentration (ifapplicable) as measured using thesampling site and regulated organicHAP or TOC concentrationdetermination procedures specified inparagraphs (e)(1) and (2) of this section,or determined through engineeringassessment as specified in paragraph (k)of this section. As specified inparagraph (m) of this section, the owneror operator shall include thisinformation in the Notification ofCompliance Status report required by§ 63.1110(a)(4).

(4) Process change records. The owneror operator shall keep up-to-date,readily accessible records of any processchanges that change the controlapplicability for a process vent. Recordsare to include any recalculation ormeasurement of the flow rate, regulatedorganic HAP or TOC concentration, andTRE index value.

(m) Applicability assessmentreporting requirements. (1) Notificationof Compliance Status. The owner oroperator shall submit, as part of theNotification of Compliance Status reportrequired by § 63.1110(a)(4), theinformation recorded in paragraph (l)(1)through (3) of this section.

(2) Process change. (i) Whenever aprocess vent becomes subject to controlrequirements under subpart SS of thispart as a result of a process change, theowner or operator shall submit a reportwithin 60 days after the performancetest or applicability assessment,whichever is sooner. The report may besubmitted as part of the next PeriodicReport required by § 63.1110(a)(5). Thereport shall include the informationspecified in paragraphs (m)(2)(i)(A)through (C) of this section.

(A) A description of the processchange;

(B) The results of the recalculation ofthe TOC or organic HAP concentration,flow rate, and/or TRE index valuerequired under paragraphs (e), (f), and(j), and recorded under paragraph (l);and

(C) A statement that the owner oroperator will comply with therequirements specified in § 63.1103 bythe schedules specified in that sectionfor the affected source.

(ii) If a performance test is required asa result of a process change, the owneror operator shall specify that the

performance test has become necessarydue to a process change. Thisspecification shall be made in theperformance test notification to theAdministrator, as specified in§ 63.999(a)(1).

(iii) If a process change does not resultin additional applicable requirements,then the owner or operator shall includea statement documenting this in thenext Periodic Report required by§ 63.1110(a)(5) after the process changewas made.

(n) Parameter monitoring of certainprocess vents. An owner or operatorwho maintains a TRE index value (ifapplicable) in the applicable TRE indexvalue monitoring range as specified inan applicable table presented in§ 63.1103 of this subpart without usinga recovery device shall report adescription of the parameter(s) to bemonitored to ensure the process vent isoperated in conformance with its designor process and achieves and maintainsthe TRE index value above the specifiedlevel, and an explanation of the criteriaused to select parameter(s). An owner oroperator who maintains a TRE indexvalue (if applicable) in the applicableTRE index monitoring range as specifiedin an applicable table presented in§ 63.1103 of this subpart by using arecovery device shall comply with therequirements of § 63.993(c).



§ 63.1107 Equipment leaks: applicabilityassessment procedures and methods.

(a) Each piece of equipment within aprocess unit that can reasonably beexpected to contain equipment inorganic HAP service is presumed to bein organic HAP service unless an owneror operator demonstrates that the pieceof equipment is not in organic HAPservice. For a piece of equipment to beconsidered not in organic HAP service,it must be determined that the percentorganic HAP content can be reasonablyexpected not to exceed the percent byweight control applicability criteriaspecified in § 63.1103 for an affectedsource on an annual average basis. Forpurposes of determining the percentorganic HAP content of the process fluidthat is contained in or contactsequipment, Method 18 of 40 CFR part60, appendix A shall be used.

(b) An owner or operator may usegood engineering judgment rather thanthe procedures in paragraph (a) of thissection to determine that the percentorganic HAP content does not exceedthe percent by weight controlapplicability criteria specified in§ 63.1103 for an affected source. When



an owner or operator and theAdministrator do not agree on whethera piece of equipment is not in organicHAP service, however, the proceduresin paragraph (a) of this section shall beused to resolve the disagreement.

(c) If an owner or operator determinesthat a piece of equipment is in organicHAP service, the determination can berevised after following the procedures inparagraph (a) of this section, or bydocumenting that a change in theprocess or raw materials no longercauses the equipment to be in organicHAP service.

(d) Samples used in determining thepercent organic HAP content shall berepresentative of the process fluid thatis contained in or contacts theequipment.

§ 63.1108 Compliance with standards andoperation and maintenance requirements.

(a) Requirements. (1) Except asprovided in paragraph (a)(2) of thissection, the emission limitations andestablished parameter ranges of this partshall apply at all times except duringperiods of startup, shutdown,malfunction, or non-operation of theaffected source (or specific portionthereof) resulting in cessation of theemissions to which this subpart applies.During periods of startup, shutdown, ormalfunction, the owner or operator shallfollow the applicable provisions of thestartup, shutdown, malfunction planrequired by § 63.1111. However, if astartup, shutdown, malfunction orperiod of non-operation of one portionof an affected source does not affect theability of a particular emission point tocomply with the specific provisions towhich it is subject, then that emissionpoint shall still be required to complywith the applicable provisions of thissubpart and any of the subparts that arereferenced by this subpart duringstartup, shutdown, malfunction, orperiod of non-operation.

(2) If equipment leak requirements arereferenced by this subpart for a subjectsource category, such requirements shallapply at all times except during periodsof startup, shutdown, or malfunction,process unit shutdown (as defined in§ 63.1101), or non-operation of theaffected source (or specific portionthereof) in which the lines are drainedand depressurized resulting in cessationof the emissions to which theequipment leak requirements apply.

(3) For batch unit operations,shutdown does not include the normalperiods between batch cycles; andstartup does not include the rechargingof batch unit operations, or thetransitional conditions due to changesin product.

(4) [Reserved](5) During startups, shutdowns, and

malfunctions when the emissionstandards of this subpart and thesubparts referenced by this subpart donot apply pursuant to paragraphs (a)(1)through (4) of this section, the owner oroperator shall implement, to the extentreasonably available, measures toprevent or minimize excess emissions.The measures to be taken shall beidentified in the startup, shutdown, andmalfunction plan (if applicable), andmay include, but are not limited to, airpollution control technologies, recoverytechnologies, work practices, pollutionprevention, monitoring, and/or changesin the manner of operation of theaffected source. Back-up control devicesare not required, but may be used ifavailable. Compliance with aninadequate startup, shutdown, andmalfunction plan developed pursuant to§ 63.1111 is not a shield for failing tocomply with good operation andmaintenance requirements.

(6) Malfunctions shall be corrected assoon as practical after their occurrenceand/or in accordance with the source’sstartup, shutdown, and malfunctionplan developed as specified under§ 63.1111.

(7) Operation and maintenancerequirements established pursuant tosection 112 of the Act are enforceable,independent of emissions limitations orother requirements in relevantstandards.

(b) Compliance assessmentprocedures. (1) Parameter monitoring:compliance with operating conditions.Compliance with the required operatingconditions for the monitored controldevices or recovery devices may bedetermined by, but is not limited to, theparameter monitoring data for emissionpoints that are required to performcontinuous monitoring. For eachexcursion except for excused excursions(as described in § 63.998(b)(6)), and asprovided for in paragraph (b)(2) of thissection the owner or operator shall bedeemed to have failed to have appliedthe control in a manner that achievesthe required operating conditions.

(2) Parameter monitoring: excursions.An excursion is not a violation in caseswhere continuous monitoring isrequired and the excursion does notcount toward the number of excusedexcursions (as described in§ 63.998(b)(6)), if the conditions ofparagraphs (b)(2)(i) or (ii) of this sectionare met. Nothing in this paragraph shallbe construed to allow or excuse amonitoring parameter excursion causedby any activity that violates otherapplicable provisions of this subpart ora subpart referenced by this subpart.

(i) During periods of startup,shutdown, or malfunction (and thesource is operated during such periodsin accordance with the source’s startup,shutdown, and malfunction plan asrequired by § 63.1111), or

(ii) During periods of non-operation ofthe affected source or portion thereof(resulting in cessation of the emissionsto which the monitoring applies).

(3) Operation and maintenanceprocedures. Determination of whetheracceptable operation and maintenanceprocedures are being used will be basedon information available to theAdministrator. This information mayinclude, but is not limited to,monitoring results, review of operationand maintenance procedures (includingthe startup, shutdown, and malfunctionplan under § 63.1111), review ofoperation and maintenance records, andinspection of the affected source, andalternatives approved as specified in§ 63.1113.

(4) Applicability and complianceassessment procedures. Applicabilityand compliance with standards shall begoverned by, in part, but not limited to,the use of data, tests, and requirementsaccording to paragraphs (b)(4)(i) through(iii) of this section. Compliance withdesign, equipment, work practice, andoperating standards, including those forequipment leaks, shall be determinedaccording to paragraph (b)(5) of thissection.

(i) Applicability assessments. Unlessotherwise specified in a relevant testmethod required to assess controlapplicability, each test shall consist ofthree separate runs using the applicabletest method. Each run shall beconducted for the time and under theconditions specified in this subpart. Thearithmetic mean of the results of thethree runs shall apply when assessingapplicability. Upon receiving approvalfrom the Administrator, results of a testrun may be replaced with results of anadditional test run if it meets the criteriaspecified in paragraphs (a)(4)(i)(A)through (D) of this section.

(A) A sample is accidentally lost afterthe testing team leaves the site; or

(B) Conditions occur in which one ofthe three runs must be discontinuedbecause of forced shutdown; or

(C) Extreme meteorological conditionsoccur;

(D) Other circumstances occur that arebeyond the owner or operator’s control.

(ii) Performance test. TheAdministrator may determinecompliance with emission limitations ofthis subpart based on, but not limited to,the results of performance testsconducted according to the proceduresspecified in § 63.997 of this part, unless



otherwise specified in this subpart or asubpart referenced by this subpart.

(iii) Operation and maintenancerequirements. The Administrator maydetermine compliance with theoperation and maintenance standards ofthis subpart by, but not limited to,evaluation of an owner or operator’sconformance with operation andmaintenance requirements, includingthe evaluation of monitoring data, asspecified in this subpart or a subpartreferenced by this subpart.

(5) Design, equipment, work practice,or operational standards. TheAdministrator may determinecompliance with design, equipment,work practice, or operationalrequirements by, but is not limited to,review of records, inspection of theaffected source, and by evaluation of anowner or operator’s conformance withoperation and maintenancerequirements as specified in thissubpart, and in the subparts referencedby this subpart.

(c) Finding of compliance. TheAdministrator may make a findingconcerning an affected source’scompliance with an emission standardor operating and maintenancerequirement as specified in, but notlimited to, paragraphs (a) and (b) of thissection, upon obtaining all of thecompliance information required by therelevant standard (including the writtenreports of performance test results,monitoring results, and otherinformation, if applicable) and anyinformation available to theAdministrator to determine whetherproper operation and maintenancepractices are being used. Standards inthis subpart and methods ofdetermining compliance are in metricunits followed by the equivalents inEnglish units. The Administrator willmake findings of compliance with thenumerical standards of this subpartusing metric units.

(d) Compliance time. All terms thatdefine a period of time for completionof required tasks (e.g., weekly, monthly,quarterly, annually), unless specifiedotherwise in the section or subsectionthat imposes the requirement, refer tothe standard calendar periods.

(1) Notwithstanding time periodsspecified for completion of requiredtasks, time periods may be changed bymutual agreement between the owner oroperator and the Administrator, asspecified in § 63.1110(h). For each timeperiod that is changed by agreement, therevised period shall remain in effectuntil it is changed. A new request is notnecessary for each recurring period.

(2) When the period specified forcompliance is a standard calendar

period, if the initial compliance dateoccurs after the beginning of the period,compliance shall be required accordingto the schedule specified in paragraph(d)(2) (i) or (ii) of this section, asappropriate.

(i) Compliance shall be requiredbefore the end of the standard calendarperiod within which the compliancedeadline occurs, if there remain at least3 days for tasks that must be performedweekly, at least 2 weeks for tasks thatmust be performed monthly, at least 1month for tasks that must be performedeach quarter, or at least 3 months fortasks that must be performed annually;or

(ii) In all other cases, complianceshall be required before the end of thefirst full standard calendar period afterthe period within which the initialcompliance deadline occurs.

(3) In all instances where a provisionrequires completion of a task duringeach of multiple successive periods, anowner or operator may perform therequired task at any time during thespecified period, provided the task isconducted at a reasonable interval aftercompletion of the task during theprevious period.

§ 63.1109 Recordkeeping requirements.

(a) Maintaining notifications, records,and reports. Except as provided inparagraph (b) of this section, the owneror operator of each affected sourcesubject to this subpart shall keep copiesof notifications, reports and recordsrequired by this subpart and subpartsreferenced by this subpart for at least 5years, unless otherwise specified underthis subpart.

(b) Copies of reports. If theAdministrator has waived therequirement of § 63.1110(g)(1) forsubmittal of copies of reports, the owneror operator is not required to maintaincopies of the waived reports. Thisparagraph applies only to reports andnot the underlying records that must bemaintained as specified in this subpartand the subparts referenced by thissubpart.

(c) Availability of records. All recordsrequired to be maintained by thissubpart or a subpart referenced by thissubpart shall be maintained in such amanner that they can be accessed within2 hours and are suitable for inspection.The most recent 2 years of records shallbe retained onsite or shall be accessibleto an inspector while onsite. Therecords of the remaining 3 years, whererequired, may be retained offsite.Records may be maintained in hardcopy or computer-readable formincluding, but not limited to, on paper,

microfilm, computer, computer disk,magnetic tape, or microfiche.

(d) Control applicability records.Owners or operators shall maintainrecords containing informationdeveloped and used to assess controlapplicability under § 63.1103 (e.g.,combined total annual emissions ofregulated organic HAP).

§ 63.1110 Reporting requirements.(a) Required reports. Each owner or

operator of an affected source subject tothis subpart shall submit the reportslisted in paragraphs (a)(1) through (8) ofthis section, as applicable.

(1) A Notification of Initial Startupdescribed in paragraph (b) of thissection, as applicable.

(2) An Initial Notification described inparagraph (c) of this section.

(3) [Reserved](4) A Notification of Compliance

Status report described in paragraph (d)of this section.

(5) Periodic Reports described inparagraph (e) of this section.

(6) Application for approval ofconstruction or reconstruction describedin § 63.5(d) of subpart A of this part.

(7) Startup, Shutdown, andMalfunction Reports described in§ 63.1111 of this subpart.

(8) Other reports. Other reports shallbe submitted as specified elsewhere inthis subpart and subparts referenced bythis subpart.

(b) Notification of initial startup. (1)Contents. An owner or operator of anaffected source for which a notice ofinitial startup has not been submittedunder § 63.5, shall send theAdministrator written notification of theactual date of initial startup of anaffected source. This paragraph does notapply to an affected source in existenceon the effective date of this rule.

(2) Due date. The notification of theactual date of initial startup shall bepostmarked within 15 days after suchdate.

(c) Initial Notification. Owners oroperators of affected sources who aresubject to this subpart shall notify theAdministrator of the applicability of thissubpart by submitting an InitialNotification according to the scheduledescribed in paragraph (c)(1) of thissection. The notice shall include theinformation specified in paragraphs(c)(2) through (7) of this section, asapplicable. An application for approvalof construction or reconstructionrequired under § 63.5(d) of subpart A ofthis part may be used to fulfill the initialnotification requirements.

(1) The initial notification shall bepostmarked within 1 year after thesource becomes subject to this subpart.



(2) Identification of the storage vesselssubject to this subpart.

(3) Identification of the process ventssubject to this subpart.

(4) Identification of the transfer rackssubject to this subpart.

(5) For equipment leaks, identificationof the process units subject to thissubpart.

(6) Identification of other equipmentor emission points subject to thissubpart.

(7) As an alternative to therequirements specified in paragraphs(c)(1) through (3) and (c)(5) of thissection, process units can be identifiedinstead of individual pieces ofequipment. For this alternative, the kindof emission point in the process unitthat will comply must also be identified.

(d) Notification of Compliance Status.(1) Contents. The owner or operatorshall submit a Notification ofCompliance Status for each affectedsource subject to this subpart containingthe information specified in paragraphs(d)(1)(i) and (d)(1)(ii) of this section.

(i) The Notification of ComplianceStatus shall include the informationspecified in this subpart and thesubparts referenced by this subpart.Alternatively, this information can besubmitted as part of a title V permitapplication or amendment.

(ii) The Notification of ComplianceStatus shall include a statement fromthe owner or operator identifying whichsubpart he or she has elected to complywith, where given a choice, as providedfor in § 63.1100(g).

(2) Due date. The owner or operatorshall submit the Notification ofCompliance Status for each affectedsource 240 days after the compliancedate specified for the affected sourceunder this subpart, or 60 days aftercompletion of the initial performancetest or initial compliance assessment,whichever is earlier. Notification ofCompliance Status reports may becombined for multiple affected sourcesas long as the due date requirements forall sources covered in the combinedreport are met.

(e) Periodic Reports. The owner oroperator of an affected source subject tomonitoring requirements of this subpart,or to other requirements of this subpartor subparts referenced by this subpart,where periodic reporting is specified,shall submit a Periodic Report.

(1) Contents. Periodic Reports shallinclude all information specified in thissubpart and subparts referenced by thissubpart.

(2) Due date. The Periodic Reportshall be submitted semiannually nolater than 60 days after the end of each6-month period. The first report shall be

submitted as specified in paragraph(e)(2)(i) or (ii), as applicable.

(i) The first report shall be submittedno later than the last day of the monththat includes the date 8 months (6months and 60 days) after the date thesource became subject to this subpart.

(ii) For affected sources electing tocomply with this subpart at initialstartup, the first report shall cover the6 months after the Notification ofCompliance Status report is submitted.The first report shall be submitted nolater than the last day of the month thatincludes the date 6 months after theNotification of Compliance Status reportis submitted.

(3) Overlap with title V reports.Information required by this subpart,which is submitted with a title Vperiodic report, need not also beincluded in a subsequent PeriodicReport required by this subpart orsubpart referenced by this subpart. Thetitle V report shall be referenced in thePeriodic Report required by thissubpart.

(f) General report content. All reportsand notifications submitted pursuant tothis subpart, including reports thatcombine information required underthis subpart and a subpart referenced bythis subpart, shall include theinformation specified in paragraphs(f)(1) through (4) of this section.

(1) The name, address and telephonenumber (fax number may also beprovided) of the owner or operator.

(2) The name, address and telephonenumber of the person to whom inquiriesshould be addressed, if different thanthe owner or operator.

(3) The address (physical location) ofthe reporting facility.

(4) Identification of each affectedsource covered in the submission andidentification of the subparts (thissubpart and the subparts referenced inthis subpart) that are applicable to thataffected source. Summaries andgroupings of this information arepermitted.

(g) Report and notificationsubmission. (1) Submission to theEnvironmental Protection Agency. Allreports and notifications required underthis subpart shall be sent to theappropriate EPA Regional Office and tothe delegated State authority, exceptthat request for permission to use analternative means of emission limitationas provided for in § 63.1113 shall besubmitted to the Director of the EPAOffice of Air Quality Planning andStandards, U.S. EnvironmentalProtection Agency, MD–10, ResearchTriangle Park, North Carolina, 27711.The EPA Regional Office may waive the

requirement to submit a copy of anyreports or notifications at its discretion.

(2) Submission of copies. If any Staterequires a notice that contains all theinformation required in a report ornotification listed in this subpart, anowner or operator may send theappropriate EPA Regional Office a copyof the report or notification sent to theState to satisfy the requirements of thissubpart for that report or notification.

(3) Method of submission. Whereverthis subpart specifies ‘‘postmark’’ dates,submittals may be sent by methodsother than the U.S. Mail (e.g., by fax orcourier). Submittals shall be sent on orbefore the specified date.

(4) Submission by electronic media. Ifacceptable to both the Administratorand the owner or operator of an affectedsource, reports may be submitted onelectronic media.

(h) Adjustment to timing of submittalsand review of required communications.(1) Alignment with title V submission.An owner or operator may submitPeriodic Reports required by thissubpart on the same schedule as the titleV periodic report for the facility. Theowner or operator using this optionneed not obtain prior approval, but mustensure that no reporting gaps occur. Theowner or operator shall clearly identifythe change in reporting schedule in thefirst report filed under this paragraph.The requirements of paragraph (f) of thissection are not waived whenimplementing this change.

(2) Establishment of a commonschedule. An owner or operator mayarrange by mutual agreement (whichmay be a standing agreement) with theAdministrator a common schedule onwhich periodic reports required by thissubpart shall be submitted throughoutthe year as long as the reporting periodis not extended. Procedures governingthe implementation of this provision arespecified in paragraphs (h)(3) through(7) of this section.

(3) Submission requirements. Exceptas allowed by paragraph (h)(1) of thissection, until an adjustment of a timeperiod or postmark deadline has beenapproved by the Administrator underparagraphs (h)(5) and (6) of this section,the owner or operator of an affectedsource remains strictly subject to therequired submittal deadlines specifiedin this subpart and subparts referencedby this subpart.

(4) Request for adjustment ofreporting schedule. Except as allowedby paragraph (h)(1) of this section, anowner or operator shall request theadjustment provided for in paragraphs(h)(5) and (6) of this section each timehe or she wishes to change anapplicable time period or postmark



deadline specified in this subpart orsubparts referenced by this subpart. Arequest for a change to the periodicreporting schedule need only be madeonce for every schedule change and notonce for every semiannual reportsubmitted.

(5) Alteration of time periods ordeadlines. Notwithstanding timeperiods or postmark deadlines specifiedin this subpart for the submittal ofinformation to the Administrator by anowner or operator, or the review of suchinformation by the Administrator, suchtime periods or deadlines may bechanged by mutual agreement betweenthe owner or operator and theAdministrator. An owner or operatorwho wishes to request a change in atime period or postmark deadline for aparticular requirement shall request theadjustment in writing as soon aspractical before the subject activity isrequired to take place. The owner oroperator shall include in the requestwhatever information he or sheconsiders useful to convince theAdministrator that an adjustment iswarranted.

(6) Approval of request foradjustment. If, in the Administrator’sjudgment, an owner or operator’srequest for an adjustment to a particulartime period or postmark deadline iswarranted, the Administrator willapprove the adjustment. TheAdministrator will notify the owner oroperator in writing of approval ordisapproval of the request for anadjustment within 15 calendar days ofreceiving sufficient information toevaluate the request.

(7) Notification of delay. If theAdministrator is unable to meet aspecified deadline, he or she will notifythe owner or operator of any significantdelay and inform the owner or operatorof the amended schedule.

§ 63.1111 Startup, shutdown, andmalfunction.

(a) Startup, shutdown, andmalfunction plan. (1) Description andpurpose of plan. The owner or operatorof an affected source shall develop andimplement a written startup, shutdown,and malfunction plan that describes, indetail, procedures for operating andmaintaining the affected source duringperiods of startup, shutdown, andmalfunction. This plan shall alsoinclude a program of corrective actionfor malfunctioning process and airpollution control equipment used tocomply with relevant standards underthis subpart. The plan shall also addressroutine or otherwise predictable CPMSmalfunctions. This plan shall bedeveloped by the owner or operator by

the affected source’s compliance dateunder this subpart. The requirement todevelop and implement this plan shallbe incorporated into the source’s title Vpermit. This requirement is optional forequipment that must comply withsubparts TT or UU under this subpart.It is not optional for equipmentequipped with a closed vent system andcontrol device subject to this subpartand subpart SS of this part. The purposeof the startup, shutdown, andmalfunction plan is described inparagraphs (a)(1)(i) and (ii) of thissection.

(i) To ensure that owners or operatorsare prepared to correct malfunctions assoon as practical after their occurrence,in order to minimize excess emissionsof regulated organic HAP; and

(ii) To reduce the reporting burdenassociated with periods of startup,shutdown, and malfunction (includingcorrective action taken to restoremalfunctioning process and airpollution control equipment to itsnormal or usual manner of operation).

(2) Operation of source. Duringperiods of startup, shutdown, andmalfunction, the owner or operator of anaffected source subject to this subpartshall operate and maintain such affectedsource (including associated airpollution control equipment and CPMS)in accordance with the proceduresspecified in the startup, shutdown, andmalfunction plan developed underparagraph (a)(1) of this section.

(3) Use of additional procedures. Tosatisfy the requirements of this sectionto develop a startup, shutdown, andmalfunction plan, the owner or operatorof an affected source may use theaffected source’s standard operatingprocedures (SOP) manual, or anOccupational Safety and HealthAdministration (OSHA) or other plan,provided the alternative plans meet allthe requirements of this section and aremade available for inspection whenrequested by the Administrator.

(4) Revisions to the plan. Based on theresults of a determination made under§ 63.1108(b)(3), the Administrator mayrequire that an owner or operator of anaffected source make changes to thestartup, shutdown, and malfunctionplan for that source. The Administratormay require reasonable revisions to astartup, shutdown, and malfunctionplan if the Administrator finds that theplan is inadequate as specified inparagraphs (a)(4)(i) through (iv) of thissection:

(i) Does not address a startup,shutdown, and malfunction event of theCPMS, the air pollution controlequipment, or the affected source thathas occurred; or

(ii) Fails to provide for the operationof the affected source (includingassociated air pollution controlequipment and CPMS) during a startup,shutdown, and malfunction event in amanner consistent with good airpollution control practices forminimizing emissions to the extentpractical; or

(iii) Does not provide adequateprocedures for correctingmalfunctioning process and airpollution control equipment as quicklyas practicable; or

(iv) Does not provide adequatemeasures to prevent or minimize excessemissions to the extent practical asspecified in § 63.1108(a)(5).

(5) Additional malfunction planrequirements. If the startup, shutdown,and malfunction plan fails to address orinadequately addresses an event thatmeets the characteristics of amalfunction but was not included in thestartup, shutdown, and malfunctionplan at the time the owner or operatordeveloped the plan, the owner oroperator shall revise the startup,shutdown, and malfunction plan within45 days after the event to includedetailed procedures for operating andmaintaining the affected source duringsimilar malfunction events and aprogram of corrective action for similarmalfunctions of process or air pollutioncontrol equipment or CPMS.

(b) Startup, shutdown, andmalfunction reporting requirements. (1)Periodic startup, shutdown, andmalfunction reporting requirements. Ifactions taken by an owner or operatorduring a startup, shutdown, andmalfunction of an affected source, or ofa control device or monitoring systemrequired for compliance (includingactions taken to correct a malfunction)are consistent with the proceduresspecified in the affected source’s plan,then the owner or operator shall statesuch information in a startup,shutdown, and malfunction report.During the reporting period, reportsshall only be required for startups,shutdowns, and malfunctions duringwhich excess emissions, as defined in§ 63.1108(a)(5), occur during thereporting period. A startup, shutdown,and malfunction report can besubmitted as part of a Periodic Reportrequired under § 63.1110(a)(5), or on amore frequent basis if specifiedotherwise under this subpart or asubpart referenced by this subpart or asestablished otherwise by the permittingauthority in the affected source’s title Vpermit. The startup, shutdown, andmalfunction report shall be delivered orpostmarked by the 30th day followingthe end of each calendar half (or other



calendar reporting period, asappropriate), unless the information issubmitted with the Periodic Report. Thereport shall include the informationspecified in paragraphs (b)(1)(i) through(b)(1)(iv) of this section.

(i) The name, title, and signature ofthe owner or operator or otherresponsible official certifying itsaccuracy.

(ii) The number of startup, shutdown,and malfunction events and the totalduration of all periods of startup,shutdown, and malfunction for thereporting period if the total durationamounts to either of the durations inparagraphs (b)(1)(ii)(A) or (B) of thissection. Records of the number of CPMSstartup, shutdown, and malfunctionevents and the total duration of allperiods of startup, shutdown, andmalfunction for the reporting period arerequired under § 63.998(c)(1)(ii)(C) and(D) of this section.

(A) Total duration of periods ofmalfunctioning of a CPMS equal to orgreater than 5 percent of that CPMSoperating time for the reporting period;or

(B) Total duration of periods ofstartup, shutdown, and malfunction foran affected source equal to or greaterthan 1 percent of that affected source’soperating time for the reporting period.

(iii) Records documenting eachstartup, shutdown and malfunctionevent as required under§ 63.998(c)(1)(ii)(F).

(iv) Records documenting the totalduration of operating time as requiredunder § 63.998(c)(1)(ii)(H).

(2) Immediate startup, shutdown, andmalfunction reports. Notwithstandingthe allowance to reduce the frequency ofreporting for startup, shutdown, andmalfunction reports under paragraph(b)(1) of this section, any time an actiontaken by an owner or operator during astartup, shutdown, or malfunction(including actions taken to correct amalfunction) during which excessemissions occur is not consistent withthe procedures specified in the affectedsource’s plan, the owner or operatorshall report the actions taken for thatevent within 2 working days aftercommencing actions inconsistent withthe plan, followed by a letter deliveredor postmarked within 7 working daysafter the end of the event. Theimmediate report required under thisparagraph shall contain the name, title,and signature of the owner or operatoror other responsible official who iscertifying its accuracy, explaining thecircumstances of the event, the reasonsfor not following the startup, shutdown,and malfunction plan, and whether anyexcess emissions and/or parameter

monitoring exceedances are believed tohave occurred. Notwithstanding therequirements of the previous sentence,after the effective date of an approvedpermit program in the State in which anaffected source is located, the owner oroperator may make alternative reportingarrangements, in advance, with thepermitting authority in that State.Procedures governing the arrangementof alternative reporting requirementsunder this paragraph are specified in§ 63.1110(h).

(3) [Reserved]

§ 63.1112 Extension of compliance, andperformance test, monitoring,recordkeeping and reporting waivers andalternatives.

(a) Extension of compliance. (1)Extension of compliance with emissionstandards. Until an extension ofcompliance has been granted by theAdministrator under this paragraph, theowner or operator of an affected sourcesubject to the requirements of thissubpart shall comply with all applicablerequirements of this subpart.

(2) Extension of compliance for earlyreductions and other reductions. (i)Early reductions. Pursuant to section112(i)(5) of the Act, if the owner oroperator of an existing sourcedemonstrates that the source hasachieved a reduction in emissions ofhazardous air pollutants in accordancewith the provisions of subpart D of thispart, the Administrator will grant theowner or operator an extension ofcompliance with specific requirementsof this part, as specified in subpart D ofthis part.

(ii) Other reductions. Pursuant tosection 112(i)(6) of the Act, if the owneror operator of an existing source hasinstalled best available controltechnology (BACT) (as defined insection 169(3) of the Act) or technologyrequired to meet a lowest achievableemission rate (LAER) (as defined insection 171 of the Act) prior to thepromulgation of an emission standard inthis part applicable to such source andthe same pollutant (or stream ofpollutants) controlled pursuant to theBACT or LAER installation, theAdministrator will grant the owner oroperator an extension of compliancewith such emission standard that willapply until the date 5 years after thedate on which such installation wasachieved, as determined by theAdministrator.

(3) Request for extension ofcompliance. Paragraphs (a)(4) through(7) of this section concern requests foran extension of compliance with arelevant standard under this part(except requests for an extension of

compliance under paragraph (a)(2)(i) ofthis section will be handled throughprocedures specified in subpart D of thispart).

(4) Requests for extensions ofcompliance for section 112 standards.(i) Section 112(d) standards. (A) Theowner or operator of an existing sourcewho is unable to comply with a relevantstandard established under this partpursuant to section 112(d) of the Actmay request that the Administratorgrant an extension allowing the sourceup to 1 additional year to comply withthe standard, if such additional periodis necessary for the installation ofcontrols. The owner or operator of anaffected source who has requested anextension of compliance under thisparagraph and who is otherwiserequired to obtain a title V permit shallapply for such permit or apply to havethe source’s title V permit revised toincorporate the conditions of theextension of compliance. Theconditions of an extension ofcompliance granted under thisparagraph will be incorporated into theaffected source’s title V permitaccording to the provisions of part 70 orFederal title V regulations in thischapter (42 U.S.C. 7661), whichever areapplicable.

(B) Any request under this paragraphfor an extension of compliance with arelevant standard shall be submitted inwriting to the appropriate authority notlater than 12 months before the affectedsource’s compliance date (as specifiedin § 63.1102) for sources that are notincluding emission points in anemissions average, or not later than 18months before the affected source’scompliance date (as specified in§ 63.1102) for sources that are includingemission points in an emissionsaverage. Emission standards establishedunder this part may specify alternativedates for the submittal of requests for anextension of compliance if alternativesare appropriate for the source categoriesaffected by those standards, e.g., acompliance date specified by thestandard is less than 12 (or 18) monthsafter the standard’s effective date.

(ii) Section 112(f) standards. Theowner or operator of an existing sourceunable to comply with a relevantstandard established under this partpursuant to section 112(f) of the Actmay request that the Administratorgrant an extension allowing the sourceup to 2 years after the standard’seffective date to comply with thestandard. The Administrator may grantsuch an extension if he/she finds thatsuch additional period is necessary forthe installation of controls and thatsteps will be taken during the period of



the extension to assure that the healthof persons will be protected fromimminent endangerment. Any requestfor an extension of compliance with arelevant standard under this paragraphshall be submitted in writing to theAdministrator not later than 15 daysafter the effective date of the relevantstandard.

(5) Requests for extensions ofcompliance for BACT or LAER. Theowner or operator of an existing sourcewho has installed BACT or technologyrequired to meet LAER (as specified inparagraph (a)(2)(ii) of this section) priorto the promulgation of a relevantemission standard in this part mayrequest that the Administrator grant anextension allowing the source 5 yearsfrom the date on which such installationwas achieved, as determined by theAdministrator, to comply with thestandard. Any request for an extensionof compliance with a relevant standardunder this paragraph shall be submittedin writing to the Administrator not laterthan 120 days after the promulgationdate of the standard. The Administratormay grant such an extension if he or shefinds that the installation of BACT ortechnology to meet LAER controls thesame pollutant (or stream of pollutants)that would be controlled at that sourceby the relevant emission standard.

(6) Contents of request. (i) The requestfor a compliance extension underparagraph (a)(4) of this section shallinclude the following information:

(A) A description of the controls to beinstalled to comply with the standard;

(B) A compliance schedule, includingthe date by which each step towardcompliance will be reached. At aminimum, the list of dates shall include:

(1) The date by which contracts foremission control systems or processchanges for emission control will beawarded, or the date by which orderswill be issued for the purchase ofcomponent parts to accomplishemission control or process changes;

(2) The date by which on-siteconstruction, installation of emissioncontrol equipment, or a process changeis to be initiated;

(3) The date by which on-siteconstruction, installation of emissioncontrol equipment, or a process changeis to be completed; and

(4) The date by which finalcompliance is to be achieved.

(C) A description of interim emissioncontrol steps, that will be taken duringthe extension period, includingmilestones to assure proper operationand maintenance of emission controland process equipment; and

(D) Whether the owner or operator isalso requesting an extension of other

applicable requirements (e.g.,performance testing requirements).

(ii) The request for a complianceextension under paragraph (a)(5) of thissection shall include all informationneeded to demonstrate to theAdministrator’s satisfaction that theinstallation of BACT or technology tomeet LAER controls the same pollutant(or stream of pollutants) that would becontrolled at that source by the relevantemission standard.

(7) Additional advice. Advice onrequesting an extension of compliancemay be obtained from theAdministrator.

(8) Approval of request for extensionof compliance. Paragraphs (a)(9) through(14) of this section concern approval ofan extension of compliance requestedunder paragraphs (a)(4) through (6) ofthis section.

(9) General. Based on the informationprovided in any request made underparagraphs (a)(4) through (6) of thissection, or other information, theAdministrator may grant an extension ofcompliance with an emission standard,as specified in paragraphs (a)(4) and (5)of this section.

(10) Contents of extension. Theextension will be in writing and will—

(i) Identify each affected sourcecovered by the extension;

(ii) Specify the termination date of theextension;

(iii) Specify the dates by which stepstoward compliance are to be taken, ifappropriate;

(iv) Specify other applicablerequirements to which the complianceextension applies (e.g., performancetests); and

(v)(A) Under paragraph (a)(4) of thissection, specify any additionalconditions that the Administrator deemsnecessary to assure installation of thenecessary controls and protection of thehealth of persons during the extensionperiod; or

(B) Under paragraph (a)(5)of thissection, specify any additionalconditions that the Administrator deemsnecessary to assure the proper operationand maintenance of the installedcontrols during the extension period.

(11) Progress reports. The owner oroperator of an existing source that hasbeen granted an extension ofcompliance under paragraph (a)(10) ofthis section may be required to submitto the Administrator progress reportsindicating whether the steps towardcompliance outlined in the complianceschedule have been reached. Thecontents of the progress reports and thedates by which they shall be submittedwill be specified in the written

extension of compliance granted underparagraph (a)(9) of this section.

(12) Notifications to owners andoperators regarding complianceextensions for section 112(d) standards.(i) The Administrator will notify theowner or operator in writing of approvalor intention to deny approval of arequest for an extension of compliancewithin 30 days after receipt of sufficientinformation to evaluate a requestsubmitted under paragraph (a)(4)(i) or(a)(5) of this section. The 30-dayapproval or denial period will beginafter the owner or operator has beennotified in writing that his/herapplication is complete. TheAdministrator will notify the owner oroperator in writing of the status of his/her application, that is, whether theapplication contains sufficientinformation to make a determination,within 30 days after receipt of theoriginal application and within 30 daysafter receipt of any supplementaryinformation that is submitted.

(ii) When notifying the owner oroperator that his/her application is notcomplete, the Administrator will specifythe information needed to complete theapplication and provide notice ofopportunity for the applicant to present,in writing, within 30 days after he/sheis notified of the incompleteapplication, additional information orarguments to the Administrator toenable further action on the application.

(iii) Before denying any request for anextension of compliance, theAdministrator will notify the owner oroperator in writing of theAdministrator’s intention to issue thedenial, together with—

(A) Notice of the information andfindings on which the intended denialis based; and

(B) Notice of opportunity for theowner or operator to present in writing,within 15 days after he/she is notifiedof the intended denial, additionalinformation or arguments to theAdministrator before further action onthe request.

(iv) The Administrator’s finaldetermination to deny any request foran extension will be in writing and willset forth the specific grounds on whichthe denial is based. The finaldetermination will be made within 30days after presentation of additionalinformation or argument (if theapplication is complete), or within 30days after the final date specified for thepresentation if no presentation is made.

(13) Notifications to owners andoperators regarding complianceextensions for section 112(f) standards.(i) The Administrator will notify theowner or operator in writing of approval



or intention to deny approval of arequest for an extension of compliancewithin 30 days after receipt of sufficientinformation to evaluate a requestsubmitted under paragraph (a)(4)(ii) ofthis section. The 30-day approval ordenial period will begin after the owneror operator has been notified in writingthat his/her application is complete.The Administrator will notify the owneror operator in writing of the status ofhis/her application, that is, whether theapplication contains sufficientinformation to make a determination,within 15 days after receipt of theoriginal application and within 15 daysafter receipt of any supplementaryinformation that is submitted.

(ii) When notifying the owner oroperator that his/her application is notcomplete, the Administrator will specifythe information needed to complete theapplication and provide notice ofopportunity for the applicant to present,in writing, within 15 days after he/sheis notified of the incompleteapplication, additional information orarguments to the Administrator toenable further action on the application.

(iii) Before denying any request for anextension of compliance, theAdministrator will notify the owner oroperator in writing of theAdministrator’s intention to issue thedenial, together with—

(A) Notice of the information andfindings on which the intended denialis based; and

(B) Notice of opportunity for theowner or operator to present in writing,within 15 days after he/she is notifiedof the intended denial, additionalinformation or arguments to theAdministrator before further action onthe request.

(iv) A final determination to deny anyrequest for an extension will be inwriting and will set forth the specificgrounds on which the denial is based.The final determination will be madewithin 30 days after presentation ofadditional information or argument (ifthe application is complete), or within30 days after the final date specified forthe presentation if no presentation ismade.

(14) Termination of extension. TheAdministrator may terminate anextension of compliance at an earlierdate than specified if any specificationunder paragraphs (a)(10)(iii) or (iv) ofthis section is not met.

(15) [Reserved](16) Administrator’s authority. The

granting of an extension under thissection shall not abrogate theAdministrator’s authority under section114 of the Act.

(b) Waiver of performance tests. (1)Applicability of this section. Until awaiver of a performance testingrequirement has been granted by theAdministrator under this paragraph, theowner or operator of an affected sourceremains subject to the requirements ofthis section.

(2) General. Individual performancetests may be waived upon writtenapplication to the Administrator if, inthe Administrator’s judgment, thesource is meeting the relevantstandard(s) on a continuous basis, or thesource is being operated under anextension of compliance, or the owneror operator has requested an extensionof compliance and the Administrator isstill considering that request.

(3) Request to waive a performancetest. (i) If a request is made for anextension of compliance underparagraph (a) of this section, theapplication for a waiver of an initialperformance test shall accompany theinformation required for the request foran extension of compliance. If noextension of compliance is requested orif the owner or operator has requestedan extension of compliance and theAdministrator is still considering thatrequest, the application for a waiver ofan initial performance test shall besubmitted at least 60 days before theperformance test if a site-specific testplan is not submitted.

(ii) If an application for a waiver of asubsequent performance test is made,the application may accompany anyrequired compliance progress report,compliance status report, or excessemissions and continuous monitoringsystem performance report, but it shallbe submitted at least 60 days before theperformance test if a site-specific testplan is not submitted.

(iii) Any application for a waiver of aperformance test shall includeinformation justifying the owner oroperator’s request for a waiver, such asthe technical or economic infeasibility,or the impracticality, of the affectedsource performing the required test.

(4) Approval of request to waiveperformance test. The Administratorwill approve or deny a request for awaiver of a performance test madeunder paragraph (b)(3) of this sectionwhen he/she—

(i) Approves or denies an extension ofcompliance under paragraph (a) of thissection; or

(ii) Approves or disapproves a site-specific test plan; or

(iii) Makes a determination ofcompliance following the submission ofa required compliance status report orexcess emissions and continuous

monitoring systems performance report;or

(iv) Makes a determination of suitableprogress towards compliance followingthe submission of a compliance progressreport, whichever is applicable.

(5) Administrator’s authority.Approval of any waiver granted underthis section shall not abrogate theAdministrator’s authority under the Actor in any way prohibit theAdministrator from later canceling thewaiver. The cancellation will be madeonly after notice is given to the owneror operator of the affected source.

(c) Use of an alternative monitoringmethod. (1) General. Until permission touse an alternative monitoring methodhas been granted by the Administratorunder this paragraph, the owner oroperator of an affected source remainssubject to the requirements of thissection and the relevant standard.

(2) Alternatives to monitoringmethods. After receipt andconsideration of written application, theAdministrator may approve alternativesto any monitoring methods orprocedures of this part including, butnot limited to, the following:

(i) Alternative monitoringrequirements when installation of aCMS specified by a relevant standardwould not provide accuratemeasurements due to liquid water orother interferences caused by substanceswithin the effluent gases;

(ii) Alternative monitoringrequirements when the affected sourceis infrequently operated;

(iii) Alternative monitoringrequirements to accommodate CEMSthat require additional measurements tocorrect for stack moisture conditions;

(iv) Alternative locations for installingCMS when the owner or operator candemonstrate that installation at alternatelocations will enable accurate andrepresentative measurements;

(v) Alternate methods for convertingpollutant concentration measurementsto units of the relevant standard;

(vi) Alternate procedures forperforming daily checks of zero (low-level) and high-level drift that do notinvolve use of high-level gases or testcells;

(vii) Alternatives to the AmericanSociety for Testing and Materials(ASTM) test methods or samplingprocedures specified by any relevantstandard;

(viii) Alternative CMS that do notmeet the design or performancerequirements in this part, butadequately demonstrate a definite andconsistent relationship between theirmeasurements and the measurements ofopacity by a system complying with the



requirements as specified in the relevantstandard. The Administrator mayrequire that such demonstration beperformed for each affected source; or

(ix) Alternative monitoringrequirements when the effluent from asingle affected source or the combinedeffluent from two or more affectedsources is released to the atmospherethrough more than one point.

(3) Conflicts between alternative andrequired methods. If the Administratorfinds reasonable grounds to dispute theresults obtained by an alternativemonitoring method, requirement, orprocedure, the Administrator mayrequire the use of a method,requirement, or procedure specified inthis section or in the relevant standard.If the results of the specified andalternative method, requirement, orprocedure do not agree, the resultsobtained by the specified method,requirement, or procedure shall prevail.

(4)(i) Request to use alternativemonitoring method. An owner oroperator who wishes to use analternative monitoring method shallsubmit an application to theAdministrator as described in paragraph(c)(4)(ii) of this section. The applicationmay be submitted at any time providedthat the monitoring method is not usedto demonstrate compliance with arelevant standard or other requirement.If the alternative monitoring method isto be used to demonstrate compliancewith a relevant standard, the applicationshall be submitted not later than withthe site-specific test plan required, orwith the site-specific performanceevaluation plan (if requested), or at least60 days before the performanceevaluation is scheduled to begin.

(ii) The application shall contain adescription of the proposed alternativemonitoring system and a performanceevaluation test plan, if required. Inaddition, the application shall includeinformation justifying the owner oroperator’s request for an alternativemonitoring method, such as thetechnical or economic infeasibility, orthe impracticality, of the affected sourceusing the required method.

(iii) The owner or operator maysubmit the information required in thisparagraph well in advance of thesubmittal dates specified in paragraph(c)(4)(i) of this section to ensure a timelyreview by the Administrator in order tomeet the compliance demonstrationdate specified in this section or therelevant standard.

(5) Approval of request to usealternative monitoring method. (i) TheAdministrator will notify the owner oroperator of approval or intention todeny approval of the request to use an

alternative monitoring method within30 days after receipt of the originalrequest and within 30 days after receiptof any supplementary information thatis submitted. Before disapproving anyrequest to use an alternative monitoringmethod, the Administrator will notifythe applicant of the Administrator’sintention to disapprove the requesttogether with—

(A) Notice of the information andfindings on which the intendeddisapproval is based; and

(B) Notice of opportunity for theowner or operator to present additionalinformation to the Administrator beforefinal action on the request. At the timethe Administrator notifies the applicantof his or her intention to disapprove therequest, the Administrator will specifyhow much time the owner or operatorwill have after being notified of theintended disapproval to submit theadditional information.

(ii) The Administrator may establishgeneral procedures and criteria in arelevant standard to accomplish therequirements of paragraph (c)(5)(i) ofthis section.

(iii) If the Administrator approves theuse of an alternative monitoring methodfor an affected source under paragraph(c)(5)(i) of this section, the owner oroperator of such source shall continueto use the alternative monitoringmethod until he or she receivesapproval from the Administrator to useanother monitoring method as allowedby this subpart or a subpart referencedby this subpart.

(6) Alternative to the relative accuracytest. An alternative to the relativeaccuracy test for CEMS specified in arelevant standard may be requested asfollows:

(i) Criteria for approval of alternativeprocedures. An alternative to the testmethod for determining relativeaccuracy is available for affected sourceswith emission rates demonstrated to beless than 50 percent of the relevantstandard. The owner or operator of anaffected source may petition theAdministrator under paragraph (c)(6)(ii)of this section to substitute the relativeaccuracy test in section 7 ofPerformance Specification 2 with theprocedures in section 10 if the results ofa performance test conducted accordingto the requirements specified in thissubpart or subpart referenced by thissubpart demonstrate that the emissionrate of the pollutant of interest in theunits of the relevant standard is lessthan 50 percent of the relevant standard.For affected sources subject to emissionlimitations expressed as controlefficiency levels, the owner or operatormay petition the Administrator to

substitute the relative accuracy test withthe procedures in section 10 ofPerformance Specification 2 if thecontrol device exhaust emission rate isless than 50 percent of the level neededto meet the control efficiencyrequirement. The alternative proceduresdo not apply if the CEMS is usedcontinuously to determine compliancewith the relevant standard.

(ii) Petition to use alternative torelative accuracy test. The petition touse an alternative to the relativeaccuracy test shall include a detaileddescription of the procedures to beapplied, the location and the procedurefor conducting the alternative, theconcentration or response levels of thealternative relative accuracy materials,and the other equipment checksincluded in the alternative procedure(s).The Administrator will review thepetition for completeness andapplicability. The Administrator’sdetermination to approve an alternativewill depend on the intended use of theCEMS data and may requirespecifications more stringent than inPerformance Specification 2.

(iii) Rescission of approval to usealternative to relative accuracy test. TheAdministrator will review thepermission to use an alternative to theCEMS relative accuracy test and mayrescind such permission if the CEMSdata from a successful completion of thealternative relative accuracy procedureindicate that the affected source’semissions are approaching the level ofthe relevant standard. The criterion forreviewing the permission is that thecollection of CEMS data shows thatemissions have exceeded 70 percent ofthe relevant standard for any averagingperiod, as specified in the relevantstandard. For affected sources subject toemission limitations expressed ascontrol efficiency levels, the criterionfor reviewing the permission is that thecollection of CEMS data shows thatexhaust emissions have exceeded 70percent of the level needed to meet thecontrol efficiency requirement for anyaveraging period, as specified in therelevant standard. The owner oroperator of the affected source shallmaintain records and determine thelevel of emissions relative to thecriterion for permission to use analternative for relative accuracy testing.If this criterion is exceeded, the owneror operator shall notify theAdministrator within 10 days of suchoccurrence and include a description ofthe nature and cause of the increasedemissions. The Administrator willreview the notification and may rescindpermission to use an alternative andrequire the owner or operator to conduct



a relative accuracy test of the CEMS asspecified in section 7 of PerformanceSpecification 2.

(d) Waiver of recordkeeping orreporting requirements. (1) Until awaiver of a recordkeeping or reportingrequirement has been granted by theAdministrator under this paragraph, theowner or operator of an affected sourceremains subject to the recordkeepingand reporting requirements of thissubpart and any subparts referenced bythis subpart.

(2) Recordkeeping or reportingrequirements may be waived uponwritten application to the Administratorif, in the Administrator’s judgment, theaffected source is achieving the relevantstandard(s), or the source is operatingunder an extension of compliance, orthe owner or operator has requested anextension of compliance and theAdministrator is still considering thatrequest.

(3) If an application for a waiver ofrecordkeeping or reporting is made, theapplication shall accompany the requestfor an extension of compliance underparagraph (a) of this section, anyrequired compliance progress report orcompliance status report required underthis part or in the source’s title Vpermit, or an excess emissions andcontinuous monitoring systemperformance report required under§ 63.999(c) or another subpartreferenced by this subpart, whichever isapplicable. The application shallinclude whatever information the owneror operator considers useful to convincethe Administrator that a waiver ofrecordkeeping or reporting is warranted.

(4) The Administrator will approve ordeny a request for a waiver ofrecordkeeping or reporting requirementsunder this paragraph when he/she—

(i) Approves or denies an extension ofcompliance under paragraph (a) of thissection; or

(ii) Makes a determination ofcompliance following the submission ofa required Notification of ComplianceStatus report or excess emissions and

continuous monitoring systemsperformance report; or

(iii) Makes a determination of suitableprogress towards compliance followingthe submission of a compliance progressreport, whichever is applicable.

(5) A waiver of any recordkeeping orreporting requirement granted underthis paragraph may be conditioned onother recordkeeping or reportingrequirements deemed necessary by theAdministrator.

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

§ 63.1113 Procedures for approval ofalternative means of emission limitation.

(a) Alternative means of emissionlimitation. An owner or operator of anaffected source may request adetermination of alternative means ofemission limitation to the requirementsof design, equipment, work practice, oroperational standards of this subpart orof a subpart referenced by this subpart.If, in the judgment of the Administrator,an alternative means of emissionlimitation will achieve a reduction inHAP emissions at least equivalent to thereduction in emissions from that sourceachieved under any design, equipment,work practice, or operational standards(but not performance standards) in thissubpart, the Administrator will publishin the Federal Register a noticepermitting the use of the alternativemeans for purposes of compliance withthat requirement.

(1) The notice may condition thepermission on requirements related tothe operation and maintenance of thealternative means.

(2) Any such notice shall bepublished only after public notice andan opportunity for a hearing.

(b) Content of submittal. (1) In orderto obtain approval, any person seeking

permission to use an alternative meansof compliance under this section shallcollect, verify, and submit to theAdministrator information showing thatthe alternative means achievesequivalent emission reductions. Anowner or operator of an affected sourceseeking permission to use an alternativemeans of compliance who has notpreviously performed testing shall alsosubmit a proposed test plan. If theowner or operator seeks permission touse an alternative means of compliancebased on previously performed testing,they shall submit the results of testing,a description of the procedures followedin testing or monitoring, and adescription of pertinent conditionsduring testing or monitoring.

(2) The owner or operator whorequests an alternative means ofemissions limitation shall submit adescription of the proposed testing,monitoring, recordkeeping, andreporting that will be used and theproposed basis for demonstratingcompliance.

(3) For storage vessels, the owner oroperator shall include the results ofactual emissions tests using full-size orscale-model storage vessels thataccurately collect and measure allregulated HAP emissions using a givencontrol technique, and that accuratelysimulate wind and account for otheremission variables such as temperatureand barometric pressure, or anengineering analysis that theAdministrator determines to be anaccurate method of determiningequivalence.

(4) For proposed alternatives toequipment leak requirements referencedby this subpart, the owner or operatorshall also submit the informationspecified in and meet the requirementsfor alternate means of emissionlimitation specified in the referencedsubparts.

[FR Doc. 99–13164 Filed 6–28–99; 8:45 am]BILLING CODE 6560–50–P


Documents

June 29, 1999 federal register · 34856 Federal Register/Vol. 64, No. 124/Tuesday, June 29, 1999/Rules and Regulations fluoride production source category was scheduled for promulgation