[Federal Register: November 16, 2007 (Volume 72, Number 221)]
[Rules and Regulations]
[Page 64859-64897]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16no07-12]
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Part III
Environmental Protection Agency
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40 CFR Parts 60 and 63
Standards of Performance for Equipment Leaks of VOC in the Synthetic
Organic Chemicals Manufacturing Industry; Standards of Performance for
Equipment Leaks of VOC in Petroleum Refineries; Final Rule
[[Page 64860]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2006-0699; FRL-8492-4]
RIN 2060-AN71
Standards of Performance for Equipment Leaks of VOC in the
Synthetic Organic Chemicals Manufacturing Industry; Standards of
Performance for Equipment Leaks of VOC in Petroleum Refineries
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is issuing final amendments to the standards of
performance for equipment leaks of volatile organic compounds in the
synthetic organic chemicals manufacturing industry and to the standards
of performance for equipment leaks of volatile organic compounds in
petroleum refineries. The amended standards for the synthetic organic
chemicals manufacturing industry apply to affected facilities that are
constructed, reconstructed, or modified after January 5, 1981, and on
or before November 7, 2006. The amended standards for petroleum
refineries apply to affected facilities that are constructed,
reconstructed, or modified after January 4, 1983, and on or before
November 7, 2006. In this action, EPA is also issuing new standards of
performance for equipment leaks of volatile organic compounds in the
synthetic organic chemicals manufacturing industry and for equipment
leaks of volatile organic compounds in petroleum refineries which apply
to affected facilities that are constructed, reconstructed, or modified
after November 7, 2006. The final amendments and new standards are
based on the results of our review of the existing regulations as
required by section 111(b)(1)(B) of the Clean Air Act.
DATES: This final rule is effective on November 16, 2007. The
incorporation by reference of certain publications listed in these
rules is approved by the Director of the Federal Register as of
November 16, 2007.
ADDRESSES: EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2006-0699. All documents in the docket are listed in the
Federal Docket Management System index at http://www.regulations.gov. Although
listed in the index, some information is not publicly available, e.g.,
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically through
http://www.regulations.gov or in hard copy at the Air and Radiation Docket,
EPA West Building, Room 3334, 1301 Constitution Ave., NW., Washington,
DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal holidays. The telephone number for the
Public Reading Room is (202) 566-1744, and the telephone number for the
Air and Radiation Docket is (202) 566-1742.
FOR FURTHER INFORMATION CONTACT: For information concerning the final
amendments and new standards, contact Ms. Karen Rackley, Coatings and
Chemicals Group, Sector Policies and Programs Division, Office of Air
Quality Planning and Standards (E143-01), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-0634; fax number: (919) 541-0246; e-mail address:
rackley.karen@epa.gov. For information concerning compliance and
enforcement of the final amendments and new standards, contact Ms.
Marcia Mia, Air Compliance Branch, Compliance Assessment and Media
Programs Division, Office of Compliance (MC 2223A), Environmental
Protection Agency, Washington, DC 20460; telephone number: (202) 564-
7042; fax number: (202) 564-0050; and e-mail address:
mia.marcia@epa.gov.
SUPPLEMENTARY INFORMATION:
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Examples of
Category NAICS code\1\ potentially regulated
entities
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Industry...................... 324110........... Petroleum refiners.
Primarily 325110, Synthetic organic
325192, 325193, chemical
and 325199. manufacturing
industry (SOCMI)
units, e.g.,
producers of
benzene, toluene, or
any other chemical
listed in 40 CFR
60.489.
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\1\ North American Industrial Classification Code.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility is regulated by this action,
you should examine the applicability criteria in 40 CFR 60.480, 60.590,
60.480a, and 60.590a. If you have any questions regarding the
applicability of the final amendments or new standards to a particular
entity, contact the people listed in the preceding FOR FURTHER
INFORMATION CONTACT section.
Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of the final rule is available on the WWW through
the Technology Transfer Network (TTN). Following signature, EPA will
post a copy of the final rule on the TTN's policy and guidance page for
newly proposed or promulgated rules at http://www.epa.gov/ttn/oarpg.
The TTN provides information and technology exchange in various areas
of air pollution control.
Judicial Review. Under section 307(b) of the Clean Air Act (CAA),
judicial review of the final rule is available only by filing a
petition for review in the United States Court of Appeals for the
District of Columbia Circuit by January 15, 2008. Under section
307(d)(7)(B) of the CAA, only an objection to the final rule that was
raised with reasonable specificity during the period for pubic comment
can be raised during judicial review. Moreover, under section 307(b)(2)
of the CAA, the requirements established by this final rule may not be
challenged separately in any civil or criminal proceedings brought by
EPA to enforce these requirements.
Section 307(d)(7)(B) of the CAA further provides that ``[O]nly an
objection to a rule or procedure which was raised with reasonable
specificity during the period for public comment (including any public
hearing) may be raised during judicial review.'' This section also
provides a mechanism for us to convene a proceeding for
reconsideration, ``[i]f the person raising an objection can demonstrate
to the EPA that is was impracticable to raise such objection within
[the period for public comment] or if the grounds for such objection
arose after the period for public comment (but within the time
[[Page 64861]]
specified for judicial review) and if such objection is of central
relevance to the outcome of the rule.'' Any person seeking to make such
a demonstration to us should submit a Petition for Reconsideration to
the Office of the Administrator, U.S. EPA, Room 3000, Ariel Rios
Building, 1200 Pennsylvania Ave., NW., Washington, DC 20460, with a
copy to both the person(s) listed in the preceding FOR FURTHER
INFORMATION CONTACT section, and the Associate General Counsel for the
Air and Radiation Law Office, Office of General Counsel (Mail Code
2344A), U.S. EPA, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
Outline. The information presented in this preamble is organized as
follows:
I. Background Information
A. What is the statutory authority for the final amendments and
new standards?
B. What are the current equipment leak NSPS?
C. How were the final amendments developed?
II. Summary of the Final Amendments, New Standards, and Changes
Since Proposal
A. What are the final amendments to 40 CFR part 60, subpart VV?
B. What are the final amendments to 40 CFR part 60, subpart GGG?
C. What are the requirements of 40 CFR part 60, subpart VVa?
D. What are the requirements of 40 CFR part 60, subpart GGGa?
III. Rationale for Changes Since Proposal
A. How did EPA develop new standards for 40 CFR part 60,
subparts VVa and GGGa?
B. How did EPA develop the new compliance requirements in 40 CFR
part 60, subparts VVa and GGGa?
C. How did EPA develop the final amendments to 40 CFR part 60,
subparts VV and GGG?
IV. Summary of Comments and Responses
A. Applicability
B. Standards
C. Test Methods and Procedures
D. Recordkeeping and Reporting
E. Burden Estimates
V. Summary of Cost, Environmental, Energy, and Economic Impacts
A. What are the impacts for SOCMI process units?
B. What are the impacts for petroleum refining process units?
C. What are the economic impacts?
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
B. Paperwork Reduction Act
C. Regulatory Flexibility Act
D. Unfunded Mandates Reform Act
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
K. Congressional Review Act
I. Background Information
A. What is the statutory authority for the final amendments and new
standards?
New source performance standards (NSPS) implement CAA section 111
and are issued for categories of sources which cause, or contribute
significantly to, air pollution which may reasonably be anticipated to
endanger public health or welfare. The primary purpose of the NSPS are
to attain and maintain ambient air quality by ensuring that the best
demonstrated emission control technologies are installed as the
industrial infrastructure is modernized. Since 1970, the NSPS have been
successful in achieving long-term emissions reductions at numerous
industries by assuring cost-effective controls are installed on new,
reconstructed, or modified sources.
Section 111 of the CAA requires that NSPS reflect the application
of the best system of emission reductions which (taking into
consideration the cost of achieving such emission reductions, any non-
air quality health and environmental impact and energy requirements)
the Administrator determines has been adequately demonstrated. This
level of control is commonly referred to as best demonstrated
technology (BDT).
Section 111(b)(1)(B) of the CAA requires that EPA periodically
review and revise the standards of performance, as necessary, to
reflect improvements in methods for reducing emissions. Based on the
results of the review required by CAA section 111(b)(1)(B), we proposed
amendments to the NSPS for equipment leaks of volatile organic
compounds (VOC) in the synthetic organic chemicals manufacturing
industry (SOCMI) and the petroleum refining industry on November 7,
2006 (71 FR 65302). In this action, EPA is finalizing amendments to 40
CFR part 60, subparts VV and GGG and issuing new standards of
performance in 40 CFR part 60, subparts VVa and GGGa.
B. What are the current equipment leak NSPS?
New source performance standards for equipment leaks of VOC have
been developed for four source categories. Subpart VV of 40 CFR part 60
applies to SOCMI process units. Subpart DDD of 40 CFR part 60,
Standards of Performance for Volatile Organic Compound (VOC) Emissions
from the Polymer Manufacturing Industry, applies to polypropylene,
polyethylene, polystyrene, and poly (ethylene terephthalate) process
units. Subpart GGG of 40 CFR part 60 applies to petroleum refining
process units. Subpart KKK of 40 CFR part 60 applies to onshore natural
gas processing plants. Subparts DDD, GGG, and KKK of 40 CFR part 60
cross-reference the requirements in subpart VV, and they specify source
category-specific definitions and exceptions to the requirements in
subpart VV.
The NSPS for equipment leaks of VOC in the SOCMI (40 CFR part 60,
subpart VV) were originally promulgated on October 18, 1983 (48 FR
48335) and apply to all equipment, as defined by the rule, within a
process unit in the SOCMI that commenced construction, reconstruction,
or modification after January 5, 1981. For the purpose of subpart VV,
the SOCMI consists of process units producing any of the chemicals
listed in 40 CFR 60.489 of subpart VV. The standards apply to pumps,
compressors, pressure relief devices, sampling connection systems,
open-ended valves or lines (OEL), valves, and flanges or other
connectors in VOC service. Depending on the type of equipment, the
standards require either periodic monitoring for and repair of leaks,
the use of specified equipment to minimize leaks, or specified work
practices. Monitoring for leaks must be conducted using EPA Method 21
in appendix A-7 to 40 CFR part 60 or other approved equivalent
monitoring techniques. Owners and operators must keep records that
identify the equipment that is subject to the standards, identify
equipment that is leaking, and document attempts at repair. Information
related to leaks and repair attempts also must be included in
semiannual reports. This subpart has been amended several times between
1984 and 2000. Typically, these amendments added definitions,
exemptions, alternative compliance options, and clarifications. For
example, one amendment provides an option to comply with the equipment
leak provisions in the Consolidated Federal Air Rule (CAR) (40 CFR part
65, subpart F). None of these amendments increased the intended
performance level of the standards.
The NSPS for equipment leaks of VOC in petroleum refineries (40 CFR
part 60, subpart GGG) apply to petroleum refining process units for
which construction, reconstruction, or modification commenced after
January
[[Page 64862]]
4, 1983. Those standards were originally promulgated on May 30, 1984
(49 FR 22606), and have been amended only once since the original
promulgation (65 FR 61768, October 17, 2000) to update the American
Society for Testing and Materials (ASTM) test method references.
C. How were the final amendments developed?
We proposed amendments to 40 CFR part 60, subpart VV and 40 CFR
part 60, subpart GGG on November 7, 2006 (71 FR 65302). The preamble
for the proposed amendments described the rationale for the proposed
amendments. Public comments were solicited at the time of proposal. The
public comment period lasted from November 7, 2006, to February 8,
2007. We offered at proposal the opportunity for a public hearing
concerning the proposed amendments, but no hearing was requested. We
also published a Notice of Additional Data Availability (NODA) on July
9, 2007 (72 FR 37157). The NODA provided additional information
regarding OEL. Public comments were solicited at the time of
publication, and the public comment period lasted from July 9, 2007, to
August 8, 2007.
We received a total of 28 public comment letters during the comment
periods, 23 on the proposed amendments and five on the NODA. Comments
were submitted by industry trade associations and consultants, chemical
companies and petroleum refineries, state regulatory agencies, local
government agencies, and environmental groups. These final amendments
reflect our consideration of all of the comments received during the
comment periods. Major public comments on the proposed amendments,
along with our responses to those comments, are summarized in this
preamble.
II. Summary of the Final Amendments, New Standards, and Changes Since
Proposal
In response to public comments, we have revised the scope and
applicability of the proposed amendments to the standards of
performance for equipment leaks of VOC for SOCMI (40 CFR part 60,
subpart VV) and petroleum refineries (40 CFR part 60, subpart GGG). As
proposed, all of the amendments to subparts VV and GGG, except the
change in leak definitions for pumps and valves, applied to affected
facilities in these industries that commenced construction,
reconstruction, or modification after January 5, 1981, (SOCMI) or
January 4, 1983, (petroleum refineries). In addition, all of the
proposed amendments, except the leak definition change, applied to
affected facilities under all other NSPS that cross-reference subpart
VV (i.e., 40 CFR part 60, subparts DDD and KKK).
Based on the public comments, we decided to include only
clarifications, changes that reduce burden, and additional compliance
options in the final amendments to 40 CFR part 60, subparts VV and GGG.
The final amendments to both subparts also limit which SOCMI and
petroleum refinery affected sources are subject to the existing
subparts. Specifically, the existing subparts only apply to those
existing affected sources that commenced construction, reconstruction,
or modification after January 5, 1981, (SOCMI) or January 4, 1983,
(petroleum refineries) and on or before November 7, 2006. The final
amendments to subpart VV also apply to affected sources under NSPS that
cross-reference subpart VV (i.e., 40 CFR part 60, subparts DDD and
KKK).
In addition to amending 40 CFR part 60, subparts VV and GGG, we
also decided to develop new standards in new subparts VVa and GGGa of
40 CFR part 60 that apply only to SOCMI and petroleum refinery affected
sources, respectively, that commence construction, reconstruction, or
modification after November 7, 2006. These new standards parallel the
standards in the amended subparts VV and GGG, but they also include
different standards for pumps in light liquid service and valves in
gas/vapor or light liquid service (i.e., lower leak definitions than in
subparts VV and GGG), and they include additional recordkeeping and
instrument calibration requirements. Furthermore, the new standards in
40 CFR part 60, subpart VVa include monitoring and repair requirements
for connectors. The new standards do not apply to affected sources
under 40 CFR part 60, subparts DDD or KKK because we have not amended
those subparts to reference the requirements in subpart VVa and we have
not completed an analysis to determine if the new standards are BDT for
subparts DDD and KKK.
A. What are the final amendments to 40 CFR part 60, subpart VV?
The final amendments to 40 CFR part 60, subpart VV provide
additional compliance options, clarify ambiguous provisions, and make
technical corrections. These changes are summarized in Table 1 in
section III.C of this preamble.
1. Applicability
The owner or operator of an affected facility subject to 40 CFR
part 60, subpart VV may choose to comply with the requirements in new
40 CFR part 60, subpart VVa instead of the requirements in subpart VV.
2. Standards
The final amendments simplify the compliance requirements for
pumps. When indications of liquids dripping are observed during weekly
inspections, 40 CFR part 60, subpart VV requires repair of the leak
following the same procedures as if the leak were detected by
monitoring. The final amendment in 40 CFR 60.482-2(b)(2) allows the
owner or operator to either repair the leak by eliminating the
indications of liquids dripping or determine if it is leaking based on
the instrument reading obtained by monitoring the pump in accordance
with EPA Method 21 (40 CFR part 60, appendix A-7) or other approved
equivalent monitoring techniques. This amendment will focus the leak
detection and repair (LDAR) program on finding and repairing VOC leaks.
The final amendments also include an alternative compliance option
that allows less frequent monitoring for pumps and valves in batch
process units that operate part-time during the year. This alternative
applies to currently required monthly, quarterly, and semiannual
monitoring intervals; less frequent monitoring is not allowed for
monitoring that is currently required on an annual or less frequent
basis. For example, pumps in a process unit that operate 5,250 hours
per year (about 60 percent of full-time operation) may be monitored
every other month rather than monthly. This alternative will ensure
that monitoring occurs consistently while the process unit is
operating. The alternative monitoring schedule for batch processes was
developed as part of the development of the hazardous organic national
emission standards for hazardous air pollutants (NESHAP) (HON) (57 FR
62680). This alternative has been determined to be comparable to the
provisions for continuous processes. As the time in use increases, the
monitoring frequencies are identical for both batch and continuous
processes.
In response to public comments, we have revised the proposed
clarification to the initial monitoring requirements for pumps and
valves (that all pumps and valves be monitored within the first month
of operation after installation). The final amendments require the
owner or operator to monitor all pumps
[[Page 64863]]
on a monthly basis regardless of whether the pump is new or existing.
The owner or operator of a new valve must monitor the valve for the
first time within 30 days after being placed into service to ensure
proper installation. Any valve for which a leak is not detected for 2
successive months may be monitored the first month of every quarter,
beginning with the next quarter, until a leak is detected. As an
alternative to monitoring a new valve within 30 days, if the valves in
the process unit are monitored under the alternative standards for
valves that allow skip period leak detection and repair in 40 CFR
60.483-2, the owner or operator must count the new valve as leaking
when calculating the percentage of valves leaking. If less than 2.0
percent of the valves are leaking for that process unit, the valve must
be monitored for the first time during the next scheduled monitoring
event for existing valves in the process unit or within 90 days,
whichever comes first.
As an alternative to monitoring all of the valves in the first
month of a quarter, an owner or operator may elect to subdivide the
process unit into two or three subgroups of valves and monitor each
subgroup in a different month during the quarter, provided each
subgroup is monitored every 3 months. The owner or operator must keep
records of the valves assigned to each subgroup.
The clarifications to the requirements for sampling connection
systems in 40 CFR 60.482-5 have been revised since proposal to add
additional destinations for purged process fluid. All containers must
be covered when not being filled or emptied. The amendments also
clarify what materials must be captured and returned to the process
during sampling.
In response to comments, we have revised the proposed option for
delay of repair in 40 CFR 60.482-9. The proposed amendment would have
allowed the owner or operator to discontinue monitoring for equipment
on delay-of-repair. We have not included this in the final amendments
and new standards because a leak may worsen while on delay-of-repair
and require a more immediate shutdown. Therefore, all equipment on
delay-of-repair must be monitored as scheduled. The option to consider
equipment to be repaired if two consecutive readings are below the leak
definition was not removed. If two consecutive readings are below the
applicable leak definition, the owner or operator may remove the
equipment from delay-of-repair.
3. Definitions
Several amendments clarify the original intent of the definitions
in 40 CFR part 60, subpart VV. These definitions include ``connector,''
``process unit,'' and ``sampling connection system.'' In addition,
definitions of ``closed-loop system,'' ``closed-purge system,''
``storage vessel,'' and ``transfer rack'' were added to further clarify
existing definitions. The definition of ``process unit'' is discussed
in further detail in section IV.A.3 of this preamble. The rationale for
revising and adding the other definitions is included in Docket ID No.
EPA-HQ-OAR-2006-0699.
4. Miscellaneous Corrections
Finally, the final amendments include a few technical corrections
to fix references and other miscellaneous errors in 40 CFR part 60,
subpart VV. No changes have been made to the proposed corrections, and
a number of additional corrections are included in the final
amendments. The technical corrections are identified in section III.A.3
of the preamble to the proposed amendments (71 FR 65307-65308, November
7, 2006) as well as Table 1 of this preamble.
B. What are the final amendments to 40 CFR part 60, subpart GGG?
A few minor changes have been made to the 40 CFR part 60, subpart
GGG amendments since proposal. The heading and 40 CFR 60.590(b) were
revised to clarify that the subpart applies to sources that commence
construction, reconstruction, or modification on or before November 7,
2006, and 40 CFR 60.590(d) was revised to exclude facilities subject to
40 CFR part 60, subpart VVa. Proposed revisions that remain in the
final amendments to subpart GGG include a definition of ``asphalt'' and
an exemption from the requirements for OEL in 40 CFR 60.482-6(a)
through (c) for OEL containing asphalt. The definition of ``process
unit'' is comparable to the definition in 40 CFR part 60, subpart VV.
The final amendments also include a few technical corrections to
fix references and other miscellaneous errors in 40 CFR part 60,
subpart GGG. These changes are identified in section III.B.5 of the
preamble to the proposed amendments (71 FR 65309, November 7, 2006). No
changes have been made to these corrections since proposal.
C. What are the requirements of 40 CFR part 60, subpart VVa?
40 CFR part 60, subpart VVa applies to affected facilities in the
SOCMI that are constructed, reconstructed, or modified after November
7, 2006. This new subpart includes all the requirements of 40 CFR part
60, subpart VV, as amended, along with new provisions. The owner or
operator of an affected facility subject to subpart VVa may elect to
comply with the CAR at 40 CFR part 65, subpart F, or the HON at 40 CFR
part 63, subpart H, instead of the requirements in subpart VVa,
provided they still comply with the requirements in 40 CFR 60.482-6a.
40 CFR part 60, subpart VVa includes lower leak definitions for
pumps and valves than 40 CFR part 60, subpart VV. Under subpart VVa,
the leak definition for pumps in light liquid service is 2,000 parts
per million (ppm) (5,000 ppm for pumps handling polymerizing monomers)
instead of 10,000 ppm. The leak definition for valves in gas/vapor
service or light liquid service is 500 ppm instead of 10,000 ppm.
Rationale for this new standard was provided in section III.A.1 of the
preamble to the proposed amendments and is discussed further in section
III.A.1 of this preamble.
40 CFR part 60, subpart VVa also includes requirements for
monitoring connectors. The owner or operator is required to monitor
connectors at a leak definition of 500 ppm and at a frequency that is
based on the percentage of connectors found to be leaking. The
rationale supporting the LDAR provisions for connectors is located in
section III.A.2 of this preamble.
40 CFR part 60, subpart VVa includes additional recordkeeping
requirements and quality assurance measures. Records must identify the
monitoring instrument, operator, equipment, the date, and maximum
instrument reading. A calibration drift assessment is required at the
end of each day of monitoring and records of monitoring instrument
calibrations are required. The calibration drift assessment
requirements proposed for 40 CFR part 60, subpart VV were revised based
on public comments. The requirements in the new standards include a
requirement to remonitor equipment if the drift assessment shows
positive drift. The requirements in the new standards provide for a
less stringent remonitoring effort for drift assessments showing
negative drift.
D. What are the requirements of 40 CFR part 60, subpart GGGa?
40 CFR part 60, subpart GGGa applies to affected facilities at
petroleum refineries that are constructed, reconstructed, or modified
after November 7, 2006. New subpart GGGa
[[Page 64864]]
includes the requirements in 40 CFR part 60, subpart GGG, as amended.
Affected facilities must comply with the requirements in new subpart
VVa of 40 CFR part 60, except for the monitoring requirements
applicable to connectors.
III. Rationale for Changes Since Proposal
A. How did EPA develop new standards for 40 CFR part 60, subparts VVa
and GGGa?
Five sources of information were considered in reviewing the
appropriateness of the current NSPS requirements for new sources: (1)
Applicable Federal regulations; (2) applicable state and local
regulations; (3) data from National Enforcement Investigations Center
(NEIC) inspections; (4) emissions data provided by industry
representatives; and (5) petroleum refinery consent decrees. (A
significant number of refineries, representing about 77 percent of the
national refining capacity, are subject to consent decrees that limit
the emissions from 40 CFR part 60, subpart GGG process units.) Once we
identified leak definitions for various equipment types, we evaluated
these leak definitions in conjunction with technical feasibility,
costs, and emission reductions to determine BDT for each type of
equipment.
The cost methodology incorporates the calculation of annualized
costs and emission reductions associated with each of the options
presented. Cost-effectiveness is the annualized cost of control divided
by the annual emission reductions achieved. For NSPS regulations, the
standard metric for expressing costs and emission reductions is the
impact on all affected facilities accumulated over the first 5 years of
the regulation. Details of the calculations can be found in the public
docket (EPA-OAR-HQ-2006-0699). Our BDT determinations took all relevant
factors into account, including cost considerations.
For each of the new standards, the predominant method used to
reduce emissions from equipment leaks is the work practice of an LDAR
program that includes periodic monitoring of equipment using EPA Method
21. This method has been used for more than 20 years to detect leaks
and is currently the most widely-used test method. However, other
approved methods may be used to detect leaks.
We also considered an equipment standard requiring installation of
``leakless'' equipment. ``Leakless'' equipment, such as diaphragm
valves, is less likely to leak than standard equipment, but leaks may
still develop. Therefore, monitoring or other type of observation is
appropriate to ensure that leaks are caught if they develop. In
addition, these types of equipment may not be suitable for all possible
process operating temperatures, pressures, and fluid types. We could
not identify any new ``leakless'' technologies that could be applied in
all applications. Therefore, requiring ``leakless'' equipment is not
technically feasible and this option was not considered to be BDT for
SOCMI or petroleum refining sources. We note that 40 CFR part 60,
subpart VV does include provisions for equipment designed for no
detectable emissions, so owners or operators that do replace existing
equipment with ``leakless'' equipment have options for compliance.
1. Leak Definitions for Pumps and Valves
We previously demonstrated that leak definitions of 2,000 ppm for
pumps and 500 ppm for valves are BDT in the preamble to the proposed
amendments to 40 CFR part 60, subparts VV and GGG (November 7, 2006, 71
FR 65305, with additional discussion at 71 FR 65308). Since proposal,
the cost-effectiveness values for this new requirement have changed
slightly based on changes to the assumptions used to develop emission
estimates; section V of this preamble includes details on the specific
changes. For SOCMI, the estimated emission reductions are 94 tons of
VOC per year at a cost savings of $380/ton. For petroleum refineries,
the estimated emission reductions are 13 tons of VOC per year at a cost
of $1,600/ton. The cost to achieve these emission reductions is still
considered to be reasonable; therefore, we maintain our original
conclusion that EPA Method 21 monitoring of pumps and valves and repair
of leaks above 2,000 ppm for pumps and 500 ppm for valves is BDT.
We have also evaluated the cost-effectiveness of lowering the leak
definitions even further for valves because there are some state rules
and petroleum refinery consent decrees at lower levels. The results of
that analysis show that an LDAR program for valves at a leak definition
lower than 500 ppm is not cost-effective. The analysis shows emission
reductions of 26 tons of additional VOC per year at a cost-
effectiveness of $5,700/ton for SOCMI and emission reductions of 8 tons
of additional VOC per year at a cost-effectiveness of $16,000/ton for
refineries. The additional VOC emission reductions at a leak definition
lower than 500 ppm is not cost-effective. The results of the impacts
analysis is provided in the docket (Docket ID No. EPA-HQ-OAR-2006-
0699).
We decided not to consider a lower leak definition for pumps
because we do not have evidence that it will achieve significant
emission reductions at reasonable cost and because such a requirement
would impose an unwarranted increase in the compliance burden. No other
Federal or state rules require repair of pumps with leaks below 2,000
ppm, and concerns have been expressed in the past that repair of pumps
with lower concentrations could result in significant and costly
maintenance. We also cannot estimate the emission reductions because we
are unsure how effective repairs will be for pumps with low leak
concentrations. In addition, many facilities that will be subject to
the new standards have other process units that are subject to other
standards. Including a leak definition in the new standards that
differs from the leak definitions in all other rules would make
compliance more challenging at such facilities and unnecessarily
increase the potential for inadvertent errors.
We also did not consider increasing the number of times per year
that valves and pumps must be monitored. Valves and pumps are already
subject to monthly monitoring. The cost to monitor more frequently
would outweigh the possible emission reductions. Additionally, pumps
are subject to weekly inspections for indications of liquids dripping.
Therefore, the monitoring frequency was not changed and is still
considered BDT.
2. Other New Standards in 40 CFR Part 60, Subpart VVa
Connector Monitoring. The current NSPS in 40 CFR part 60, subpart
VV limits VOC emissions from connectors by specifying that if a
potential leak is found by visual, audible, olfactory, or any other
detection method, the owner or operator must eliminate the indications
of the potential leak or monitor the connector to determine whether the
potential leak is leaking VOC greater than 10,000 ppm. If the potential
leak is actually a leak, it must be repaired. When the current NSPS
were promulgated, we concluded that this procedure would reduce
emissions by correcting major leaks.
After consideration of current operating practices, we concluded
that repairing connector leaks as they are discovered is still the
predominant method for reduction of VOC from connectors. However,
during our review of the current requirements, we found a
[[Page 64865]]
number of Federal and state regulations that require additional efforts
to reduce emissions, including regular monitoring and repair.
Therefore, we evaluated options to achieve further emission reductions
from connectors. Federal rules in which connector monitoring and repair
of leaks above 500 ppm is required include the National Emission
Standards for Organic Hazardous Air Pollutants for Equipment Leaks
(HON) in 40 CFR part 63, subpart H, the National Emission Standards for
Equipment Leaks--Control Level 2 Standards (Generic MACT) in 40 CFR
part 63, subpart UU, the National Emission Standards for Hazardous Air
Pollutants for Source Categories: Generic Maximum Achievable Control
Technology Standards (Ethylene NESHAP) in 40 CFR part 63, subpart YY,
and the CAR. The National Emission Standards for Hazardous Air
Pollutants: Miscellaneous Organic Chemical Manufacturing (MON) in 40
CFR part 63, subpart FFFF also includes connector monitoring and repair
of leaks above 500 ppm for new sources. In addition, the National
Emission Standards for Hazardous Air Pollutants From Petroleum
Refineries (Refinery NESHAP) in 40 CFR part 63, subpart CC provides a
higher maximum value for percent of leaking valves under which an owner
or operator may use the skip period provisions if connector monitoring
is included in the LDAR program. Based on this information, we felt
that additional VOC control could be achieved by requiring connector
monitoring and repair, but we needed additional information to
determine whether connector monitoring is BDT. As a result, we
requested comment on whether we should require periodic monitoring and
repair of connectors to ensure that any leaks are corrected more
quickly.
Upon consideration and review of the public comments, we evaluated
whether the connector monitoring and repair provisions included in the
Generic MACT are BDT for 40 CFR part 60, subparts VVa and GGGa. The
Generic MACT provisions include a leak definition of 500 ppm and a
monitoring frequency based on the number of connectors found to be
leaking during the initial monitoring campaign.
For SOCMI, the estimated emission reductions achieved by connector
monitoring and repair of leaks above 500 ppm are 230 tons of VOC per
year at a cost of $2,500/ton. For petroleum refineries, the estimated
emission reductions are 92 tons of VOC per year at a cost of $20,000/
ton. The cost to achieve these emission reductions is considered to be
reasonable for SOCMI sources but is not reasonable for petroleum
refineries. Based on these impacts and consideration of current
operating practices, we concluded that BDT for connectors at SOCMI
sources is monitoring using EPA Method 21 or another approved
alternative method at a frequency based on the number of connectors
found leaking during initial monitoring and repair of leaks above 500
ppm. We concluded that BDT for connectors at petroleum refineries is
equivalent to the current 40 CFR part 60, subpart GGG requirements.
Therefore, we are promulgating connector monitoring and repair
standards consistent with this determination for SOCMI sources subject
to 40 CFR part 60, subpart VVa that will not apply to petroleum
refinery sources subject to 40 CFR part 60, subpart GGGa.
B. How did EPA develop the new compliance requirements in 40 CFR part
60, subparts VVa and GGGa?
The recordkeeping requirements in the final amendments and new
standards are authorized by section 114 of the CAA. Section 114 of the
CAA allows EPA to require one-time, periodic, or continuous records for
the purpose of determining if the owner or operator is in compliance
with the standard. The recordkeeping requirements in the final
amendments are the minimum necessary for affected facilities to
demonstrate compliance and for EPA to enforce the rule. The
recordkeeping requirements in the new standards include a few
requirements in addition to the requirements in the final amendments.
Most of these requirements are associated with new monitoring and
repair requirements; other additional requirements are minimal and are
necessary for EPA to enforce the rule. Further rationale for the new
requirements is available below and in section IV.D of this preamble.
We have made significant changes to the proposed recordkeeping
requirements as a result of the changes made to the scope and
applicability of the standards. Because the final amendments to 40 CFR
part 60, subparts VV and GGG include only clarifications to existing
requirements, burden reducing provisions, and new compliance options,
no changes or additions to the recordkeeping requirements in subpart VV
or GGG are needed to document and/or enforce these amendments.
Sources subject to the new standards in 40 CFR part 60, subpart VVa
are required to keep records of the same information required by 40 CFR
part 60, subpart VV and certain additional information described below.
Sources subject to 40 CFR part 60, subpart GGGa must comply with the
requirements in subpart VVa except for the monitoring requirements
applicable to connectors (and the associated recordkeeping
requirements). Facilities subject to 40 CFR part 60, subparts DDD, GGG,
or KKK are excluded from the requirement to comply with the
recordkeeping provisions of subpart VVa because these subparts are not
being amended to reference the new standards in subpart VVa.
The new recordkeeping provisions in 40 CFR part 60, subpart VVa
require general identifying information for each monitoring activity
required by the rule. As explained in the preamble to the proposed
amendments (71 FR 65308, November 7, 2006), many facilities already
record this information. This information requirement is consistent
with other equipment leak standards and is needed by enforcement
representatives to determine if the facility is complying with the
standards. Specifically, EPA found that the results of the LDAR review
demonstrated that the current requirements are not sufficient to verify
that all monitoring requirements have been performed. For example, EPA
enforcement initiatives have found missed monitoring (monitoring at an
inappropriate interval, monitoring late, or not monitoring),
understated leak rates, leaks not found or repaired, and monitoring
records indicating that more equipment was monitored than physically
possible given the time needed to meet EPA Method 21 requirements,
among other issues. Since we cannot physically inspect every facility
on the schedule required by the LDAR program, these additional records
will provide safeguards that the program is being implemented as
intended.
Other new recordkeeping requirements include specific information
that is necessary to demonstrate compliance with the new monitoring
provisions for connectors and pumps in light liquid service (weekly
visual inspections for indications of dripping liquids). Records are
also required to demonstrate compliance with the requirement for a
calibration drift assessment at the end of each day and comparison of
the results of the assessment with the most recent calibration results.
We eliminated the proposed requirement to keep records of information
on bypass lines because the new subpart does not include the
requirement to monitor bypass lines. In addition, records of
information related to the proposed initial monitoring requirement for
pumps and valves
[[Page 64866]]
added to a process unit are not required because this monitoring
requirement was revised since proposal, making additional records
unnecessary.
We have reviewed the recordkeeping requirements and believe that
these are the minimum needed to ensure compliance and that the
requirements do not impose excessive costs. The costs of the
recordkeeping requirements for 40 CFR part 60, subpart VVa, including
the time required to enter and store additional information, are
included in the information collection request (ICR) (see section V.B
of this preamble).
C. How did EPA develop the final amendments to 40 CFR part 60, subparts
VV and GGG?
The amendments to 40 CFR part 60, subpart VV are listed in Table 1
of this preamble. Most of the technical corrections for 40 CFR part 60,
subparts VV and GGG were discussed in the preamble to the proposed
amendments (71 FR 65302, November 7, 2006). Other technical corrections
and amendments are the result of public comments, and these are
discussed in detail in the responses to the applicable comments. For
each amendment that is more significant than an editorial or
grammatical correction, Table 1 to this preamble includes a reference
to the rule language and a reference to the location of the detailed
explanation.
Table 1.--Summary of Final Amendments to 40 CFR Part 60, Subpart VV and
Rationale for Clarifications, Additional Compliance Options, and
Technical Corrections
------------------------------------------------------------------------
Explanation or
Citation location of Amendment
explanation\1\
------------------------------------------------------------------------
Heading....................... ................. Revised to clarify
applicability of
subpart.
60.480(b)..................... ................. Revised to identify
applicability to
affected facilities
that were
constructed,
reconstructed, or
modified after
January 5, 1981 and
on or before
November 7, 2006.
60.480(d)(2).................. ................. Clarified that design
capacity refers to a
chemical listed in
40 CFR 60.489.
60.480(d)(2)-(5).............. ................. Revised reference to
nonexistent 40 CFR
60.482 to refer to
40 CFR 60.482-1
through 60.482-10.
60.480(e)(1).................. ................. Renumbered paragraph
(e)(1) as (e)(1)(i)
and paragraph (e)(2)
as (e)(1)(ii);
changed reference to
paragraph (e)(2) to
(e)(1)(ii).
60.480(e)(2).................. ................. Added paragraph that
allows owners or
operators to comply
with 40 CFR part 60,
subpart VVa as an
alternative to 40
CFR part 60, subpart
VV.
60.481........................ 71 FR 65308, Corrected editorial
column 3. errors in definition
of ``Capital
expenditures.''
60.481........................ 71 FR 65307, Added new definition
column 2 and for ``Closed-loop
section 5.4.3 of system.''
RTC.
60.481........................ 71 FR 65307, Added new definition
column 2 and for ``Closed-purge
section 5.4.3 of system.''
RTC.
60.481........................ Section 5.3.2 of Revised definition of
RTC. ``Connector.''
60.481........................ Added missing Revised definition of
word ``the'' ``First attempt at
before the word repair.''
``atmosphere''
and removed the
word ``rapid''.
60.481........................ 71 FR 65308, Revised definition of
column 3 and ``Hard piping.''
updated the
mailing address
for ASME.
60.481........................ Section IV.A.2 of Revised definition of
this preamble. ``Process unit.''
60.481........................ Section 5.9.3 of Revised definition of
RTC. ``Process unit
shutdown.''
60.481........................ 71 FR 65308, Revised definition of
column 1. ``Repaired.''
60.481........................ Section 3.2.1 of Added new definition
RTC. for ``Storage
vessel.''
60.481........................ 71 FR 65307, Added new definition
column 3. for ``Transfer
rack.''
60.482-1(e)................... Section 3.3 of Added paragraph (e)
RTC. to address equipment
in service less than
300 hours per year.
60.482-1(f)................... 71 FR 65304, Added paragraph (f)
column 3 and that allows less
sections 5.6.1 frequent monitoring
and 5.6.2 of RTC. of pumps and valves
on batch process
units that operate
less than 365 days
per year.
60.482-1(g)................... Section IV.A.2 of Added paragraph that
this preamble. clarifies inclusion
of shared tanks in a
process unit subject
to this subpart.
60.482-2(a)(1)................ 71 FR 65307, Added clarification
column 1, and for pumps that begin
section IV.B.1 operation in light
of this preamble. liquid service after
the initial startup
date for the process
unit.
60.482-2(a)(2)................ ................. Added reference to 40
CFR 60.482-1(f) as
an exception to the
requirement for
weekly visual
inspections of pumps
in light liquid
service.
60.482-2(b)(2)................ 71 FR 65304, Added monitoring and
column 2, 71 FR repair requirements
65306, column 1, if weekly visual
and section inspection of pumps
5.2.2 of RTC. in light liquid
service indicates
liquids dripping
from pump seal.
60.482-2(c)(2)................ 71 FR 65307, Added examples of
column 1. first attempt at
repair practices for
pumps in light
liquid service.
60.482-2(d)................... ................. Editorial correction
and clarification to
address renumbering
of paragraphs (d)(1)
through (6).
60.482-2(d)(1)(ii)............ ................. Replaced first word
``Equipment'' with
``Equipped.''
60.482-2(d)(4)(i)............. ................. Renumbered paragraph
(d)(4) as (d)(4)(i).
60.482-2(d)(4)(ii)............ 71 FR 65304, Added monitoring and
column 2, 71 FR repair requirements
65306, column 1, if weekly visual
and section inspection of a pump
5.2.2 of RTC. equipped with dual
mechanical seals
indicates liquids
dripping from pump
seal.
60.482-2(d)(5)(i)............. ................. Removed ``and'' from
end of sentence.
[[Page 64867]]
60.482-2(d)(5)(iii)........... ................. Added paragraph to
specify how a leak
is detected.
60.482-2(d)(6)................ 71 FR 65304, Revised to clarify
column 2 and 71 procedure and time
FR 65306, column allowed for repair
1. of leaks.
60.482-2(e)................... ................. Revised to add ``s''
to the end of ``no
detectable
emission.''
60.482-3(a)................... Section 5.3.5 of Added reference to
RTC. exemption in 40 CFR
60.482-3(j).
60.482-3(j)................... 71 FR 65308, Editorial
column 3. clarification of
section and
paragraph
references.
60.482-5(a) and (b)........... 71 FR 65307, Rearranged paragraphs
column 2 and within these two
section 5.3.5 of paragraphs and made
RTC. editorial
corrections to
provide clarity.
60.482-5(b)(2)................ 71 FR 65307, Added provision that
column 2, and containers part of a
section 5.4.3 of closed-purge system
RTC. must be covered or
closed when not
being filled or
emptied.
60.482-5(b)(3)................ Section 5.4.1 of Added provision that
RTC. gases remaining in
the tubing or other
apparatus once the
closed-purge system
valve(s) and sample
container valve(s)
are closed are not
required to be
collected or
captured.
60.482-5(b)(4)-(b)(4)(iv)(A)-( Rearranged Same as current
C). paragraph paragraph (b)(4)
numbering and except for editorial
made a few clarifications.
editorial
clarifications.
60.482-5(b)(4)(iv)(D)......... Section 5.4.2 of Added provision for
RTC. use of a waste
management unit
meeting the
requirements of 40
CFR 61.348(a).
60.482-5(b)(4)(iv)(E)......... Section 5.4.2 of Added provision for
RTC. use of a device used
to burn off-
specification used
fuel oil in
accordance with 40
CFR part 279,
subpart G.
60.482-6(a)(1)................ Section 5.3.5 of Added reference to
RTC. exemptions in 40 CFR
60.482-6(d) and (e).
60.482-7(a)(1)................ Corrected section Clarified current
designations. paragraph (a) to
specify that valves
must be monitored
monthly except as
provided in 40 CFR
60.482-7(f), (g),
and (h); 40 CFR
60.482-1(c) and (e);
and 40 CFR 60.483-1
and 2.
60.482-7(a)(2)(i) and (ii).... 71 FR 65307, Added clarification
column 1, and for valves that
section IV.B.1 begin operation in
of this preamble. light liquid service
after the initial
startup date for the
process unit.
60.482-7(c)(1)(i)............. ................. Paragraph (c)(1)
redesignated as
paragraph (c)(1)(i).
60.482-7(c)(1)(ii)............ 71 FR 65307, Added paragraph to
column 3 through allow an owner or
71 FR 65308, operator to
column 1, and subdivide valves in
section 5.1.2 of a process unit.
RTC.
60.482-8(a)(2)................ Section 5.7 of Added clarification
RTC. that audio visual
olfactory
indications of
potential leaks
should be eliminated
within 5 calendar
days of detection.
60.482-8(d)................... 71 FR 65307, Revised to require
column 1. that first attempt
at repair of pumps
and valves in heavy
liquid service,
pressure relief
devices in light
liquid or heavy
liquid service, and
connectors must
include best
practices under 40
CFR 60.482-2(c)(2)
and 40 CFR 60.482-
7(e).
60.482-9(a)................... Section 5.9.3 of Clarified that for
RTC. repair that occurs
during a process
unit shutdown,
monitoring to verify
that repair must
occur within 15 days
after startup of the
process unit.
60.482-9(f)................... Section 5.9.3 of Added new paragraph
RTC. for a leaking pump
or valve for which a
delay in repair is
allowed.
60.483-1(d) and 60.483-2(b)(5) ................. Added reference to
new 40 CFR 60.485(h)
that provides more
detailed explanation
for calculating the
percent of valves
leaking.
60.483-2(a)(7)................ 71 FR 65307, Added clarification
column 1, and for valves that
section IV.B.1 begin operation in
of this preamble. light liquid service
after the initial
startup date for the
process unit.
60.483-2(b)(7)................ ................. Added paragraph to
specify that a new
valve must be
monitored according
to 40 CFR 60.482-
7(a)(2)(i) or (ii)
before the
provisions of 40 CFR
60.483-2 can be
applied to the
valve.
60.484(a)..................... 71 FR 65308, Editorial correction.
column 3.
60.484(b)(2).................. ................. Editorial
clarification.
60.485(b)..................... ................. Revised reference to
nonexistent 40 CFR
60.482 to refer to
40 CFR 60.482-1
through 40 CFR
60.482-10.
60.485(e)..................... 71 FR 65308...... Clarified that the
requirements apply
to a piece of
equipment.
60.485(e)(1) and (2).......... Section 6.3 of Clarified to specify
RTC. that light liquids
are organic
compounds.
60.485(g)(4).................. Corrected Corrected equation
exponents in for the net heating
equation. value of the gas
being combusted in a
flare.
60.485(g)(5).................. ................. Added ASTM D6420-99
as an alternative to
EPA Method 18.
60.485(h)..................... Section 5.1.4 of Added equation and
RTC. clarifications for
calculating percent
of valves leaking.
60.486(e)(2)(ii).............. Section 7.4 of Revised to allow an
RTC. alternative to
requiring a
signature for the
list of equipment
with no detectable
emissions.
60.486(e)(6).................. Section 3.3 of Added recordkeeping
RTC. requirements for
equipment in VOC
service less than
300 hours per year.
60.487(c)(2)(i), These changes are Corrected references
60.487(c)(2)(iii), related to to specific sections
60.487(c)(2)(iv). rearranging of and other editorial
paragraphs in corrections.
60.482-2.
------------------------------------------------------------------------
\1\ RTC refers to Standards of Performance for Equipment Leaks of VOC in
the Synthetic Organic Chemicals Manufacturing Industry and Standards
of Performance for Equipment Leaks of VOC in Petroleum Refineries.
Background Information for Final Standards. Summary of Public Comments
and Responses. See Docket ID No. EPA-HQ-OAR-2006-0699.
[[Page 64868]]
IV. Summary of Comments and Responses
We proposed amendments to 40 CFR part 60, subpart VV and 40 CFR
part 60, subpart GGG on November 7, 2006 (71 FR 65302). We published a
NODA regarding OEL on July 9, 2007 (72 FR 37157). A total of 28 comment
letters were received during the comment periods for the two notices.
In response to these public comments, several changes were made in
developing these final amendments and new standards. The major comments
and our responses are summarized in the following sections. A summary
of the remainder of the comments received during the comment period and
responses thereto can be found in the docket for the final amendments
and new standards (EPA-OAR-HQ-2006-0699).
A. Applicability
1. Affected Sources Under the Current NSPS
Comment: Numerous commenters objected to the proposed application
of substantive new requirements to affected sources that became subject
to 40 CFR part 60, subpart VV (or any of the subparts that reference
subpart VV) on or before November 7, 2006 (hereafter referred to as
``subpart VV sources''). Proposed provisions that these commenters
considered to be substantive are: (1) Changes to the definition of
process unit; (2) annual EPA Method 21 monitoring of OEL; (3) bypass
monitoring requirements for closed vent systems to control devices; (4)
calibration drift assessments; (5) initial monitoring requirements for
pumps and valves; and (6) maintaining records of all monitoring
results. The commenters argued that applying the new provisions to
subpart VV sources is unlawful.
To address the issue of compliance dates, several commenters
recommended that EPA amend 40 CFR part 60, subpart VV so that it
applies only to existing sources and develop a new 40 CFR part 60,
subpart VVa that applies to affected sources that commence
construction, reconstruction, or modification after November 7, 2006.
In contrast, two commenters urged EPA to apply the proposed
requirements to all existing SOCMI and refinery process units, and a
third commenter recommended applying the proposed leak definitions for
pumps and valves to all SOCMI and refinery affected sources. All of
these commenters noted that existing facilities are more likely than
new sources to have problems with leaks and, thus, should receive extra
scrutiny.
Response: In this action, EPA has decided to include any new
requirements in a new 40 CFR part 60, subpart VVa, consistent with the
commenter's suggestions. The new standards in subpart VVa include lower
leak definitions for pumps (2,000 ppm) and valves (500 ppm), monitoring
of connectors, a calibration drift assessment, and expanded
recordkeeping requirements. The proposed requirement to monitor bypass
lines has not been included in the new standards because few facilities
capture and vent equipment leak emissions to a control device.
Additionally, most control devices would be subject to other standards.
The proposed requirement to monitor OEL has not been included in the
new standards because this requirement has been determined to not be
cost-effective. The cost-effectiveness for SOCMI was found to be
$3,800/ton for 25 tons/yr of VOC emission reductions. For petroleum
refineries, the cost-effectiveness was found to be $14,700/ton for 2.4
tons/yr of VOC emission reductions. Taking the low emission reductions
into consideration, the Agency has determined that monitoring OEL is
not BDT. As discussed in sections IV.B.1 and IV.A.2 of this preamble,
the initial monitoring requirements for new pumps and valves and the
changes to the definition of ``process unit'' are not new standards,
and these changes are retained in the final amendments to 40 CFR part
60, subpart VV as well as being included in the new subpart VVa.
Instead of referencing 40 CFR part 60, subpart VVa from 40 CFR part
60, subpart GGG, we decided to create a new 40 CFR part 60, subpart
GGGa that applies to new petroleum refining affected sources. This new
subpart GGGa references all of the new standards in subpart VVa except
for the monitoring requirements for connectors. Reasons for the
differences in standards between subparts VVa and GGGa are described
elsewhere in this preamble.
Sources subject to 40 CFR part 60, subpart DDD and 40 CFR part 60,
subpart KKK, and sources subject to the Refinery NESHAP (40 CFR part
63, subpart CC), but not subject to 40 CFR part 60, subparts VV or GGG,
are not required to comply with 40 CFR part 60, subpart VVa at this
time.
While we understand there is a concern that existing sources are
more likely to leak, there is no provision in section 111 of the CAA
that allows us to retroactively apply new standards to sources already
subject to the NSPS. EPA agrees with the statements made by the
commenters that relate to the application of new requirements under
NSPS to existing sources. Section 111 of the CAA does state that NSPS
will apply only to new, reconstructed, or modified sources after the
date of proposal. The authority to regulate existing sources under
section 111(d) of the CAA does not authorize EPA to regulate criteria
pollutants or precursors to such pollutants. Therefore, we have not
included any new requirements for existing sources in the final
amendments to 40 CFR part 60, subpart VV and subpart GGG. These
requirements will apply only to sources that commence construction,
reconstruction, or modification after the November 7, 2006 proposal
date.
2. Definition of Process Unit
Comment: Numerous commenters expressed concern that the revised
definition of process unit is inconsistent with EPA's original intent
when 40 CFR part 60, subpart VV was proposed (i.e., it expands the
scope), that it complicates compliance, or that it creates additional
confusion. One commenter stated that under the existing definition, a
component is part of a process unit based on its function, not whether
it is classified as a specific type of equipment. The commenter
indicated that since 1981, sources and their regulators have decided
what constitutes a process unit based on what equipment serves the
functions described in the definition, and this process unit may be
different from process units under other rules.
After reading the preamble discussion of the proposed change, one
commenter expressed concern that the proposed definition inadvertently
includes valves and other equipment on storage tanks. Other commenters
objected to the inclusion of all feed, intermediate, and product
storage vessels and transfer operations in the definition because the
following discussion from the original rulemaking notice for 40 CFR
part 60, subpart VV (46 FR 1139, January 5, 1981) makes it clear that
EPA's original intent was to include storage in the process unit only
if it is within the battery limits of the process:
``A process unit is specifically defined as equipment assembled to
produce one or more of the chemicals listed in proposed appendix E
which can operate independently if supplied with sufficient feed or raw
materials and sufficient storage facilities for the final product. A
process unit includes intermediate storage or surge tanks and all fluid
transport equipment connecting reaction, separation, and purification
devices. All equipment within the battery limits is included. However,
[[Page 64869]]
offsite fluid transport and storage facilities are excluded.''
Several commenters described ways the proposed change could
complicate compliance. For example, two commenters indicated that it
would increase the difficulty of tracking equipment, process units, and
applicable requirements at refineries where the storage and transfer
areas are consolidated into ``logistical process units'' that support
numerous process units, particularly when storage tanks are shared by
multiple process units. One commenter added that it may also either
restrict the ability of a facility to use its tanks as needed, because
they will have been forced into an arbitrary association with a given
unit, or create a useless recordkeeping exercise each time a tank
switches contents or services a different process. To avoid immediate
compliance problems for affected sources that are currently subject to
40 CFR part 60, subpart VV, a commenter requested that existing
facilities be allowed 180 days after promulgation of the amendments so
that they will have time to include the additional equipment in the
applicable LDAR programs. Commenters also noted that the rule should
clarify how to assign storage vessels and transfer racks that are
shared by multiple processes; they suggested using language in the HON
and the Refinery NESHAP as a guide. One commenter stated that EPA
should clarify that a compressor is still a separate affected facility
from the group of equipment in a refinery process unit under 40 CFR
part 60, subpart GGG.
Response: The first sentence in the definition of ``process unit''
in the final amendments and new standards includes the term
``components'' as in the existing definition rather than ``equipment''
as in the proposed amendments. This correction distinguishes major
process vessels such as reactors and distillation units (i.e.,
``components'') from pieces of equipment, as defined in the rule, that
are subject to the LDAR standards. In addition, the last sentence of
the proposed definition has been replaced to reference ``equipment'' as
it is defined in the applicable subpart. This change should address
concerns that compressors at petroleum refineries are separate affected
sources. Otherwise, there are no differences between the proposed and
final definitions.
The amended definition of process unit clarifies EPA's original
intent and is consistent with the language provided by the commenters
from the January 1981 rulemaking. It is clear from the 1981 rulemaking
that all equipment that is located within the battery limits is
included as part of the process unit. Likewise, there is no question
that any fluid transport and storage facilities located outside of the
facility property are not included. However, the 1981 language also
states that a process unit includes storage tanks and all fluid
transport equipment. There is no specification that these components
are only included if within the battery limits. There has been
confusion in the past regarding the inclusion of components outside of
the battery limits but within the property of the facility. To clarify
this issue, EPA previously issued formal guidance (see April 6, 1994
letter from John Rasnic to Raymond Hiley in Docket ID No. EPA-HQ--OAR-
2006-0699).
We agree that the determination of whether a particular tank is a
storage tank, feed tank, or intermediate tank and part of a process
unit must be done on a site-specific basis, dependent on how the tank
functions within a particular plant site. The physical proximity of the
storage tank to the other processing equipment within a process unit is
not a sole determinate in establishing whether a storage tank is part
of the process or not.
The final amendments and new standards include provisions for
assigning a shared storage tank to a specific process unit for the
purposes of an LDAR program. The owner or operator will need to
determine what process units the storage tank is associated with. They
will then determine which process unit, or combination of units subject
to the same subpart, has the greatest annual quantity of stored
materials in that tank. The subpart that the process unit (or
combination of units subject to the same subpart) associated with the
greatest use of that tank is subject to will be the applicable subpart
for the tank. The process unit, which is subject to the same subpart as
the tank, with the greatest annual quantity of stored materials in that
tank will be the process unit the tank is assigned to. If a tank is
shared equally between two process units that are subject to 40 CFR
part 60 standards, the process unit with the most stringent
requirements will be the unit the tank is assigned to. For example, if
the predominant use of a storage tank is to service a process unit
subject to 40 CFR part 60, subpart VV, that storage tank is a part of
that process unit and subject to subpart VV and the equipment must be
monitored at a leak definition of 10,000 ppm.
Comment: Two commenters wondered how the change in the definition
of ``process unit'' would affect modification and reconstruction
determinations. One commenter expressed concern that it will make it
easier for an owner or operator to add new equipment to an existing
process unit without triggering the threshold that would make the
process unit a new affected source. The second commenter noted that
including feed tanks in the definition changes the basis for the
modification and reconstruction cost test and asked how changes that
have already occurred should be handled in this determination.
Response: Since the amended definition is a clarification of our
original intent with respect to applicability of 40 CFR part 60,
subpart VV to equipment on storage tanks and lines between storage
tanks and processing equipment, there will be no impact on modification
or reconstruction determinations. If a facility believes that they have
performed a previous modification or reconstruction determination in
error, they should contact their delegated authority.
B. Standards
1. Initial Monitoring of Pumps and Valves
Comment: Numerous commenters objected to the proposed
clarifications for the initial monitoring of pumps and valves that are
installed after the startup of the process unit. Several commenters
stated that the proposed provisions are significant new requirements
and cannot be finalized without demonstrating that they represent BDT
and giving the public a chance to comment on the supporting analyses.
Two commenters indicated that they are unaware of any SOCMI facilities
that routinely monitor new pumps and valves within 1 month of startup,
and the supporting documentation for the proposal contains no data from
SOCMI sources. Several commenters requested that EPA allow at least 90
or 180 days because complying within 1 month would be burdensome,
particularly for facilities that use third party contracting for
monitoring; 1 month is not enough time to integrate new equipment into
the monitoring program; 40 CFR 60.8 of the General Provisions provides
180 days for performance tests; and EPA has not explicitly stated how
monitoring within 1 month will reduce emissions. Two commenters noted
that EPA's justification of the requirement for valves is that it is
needed to ensure that the valve does not leak until its first quarterly
or annual monitoring, but no data were presented to show such leakage
occurs or is a problem. The
[[Page 64870]]
commenters also requested that when establishing the final requirement
for initial monitoring of pumps and valves, the timeframe be given in
days, not months.
In contrast with the above comments, three commenters supported the
proposed language or more stringent requirements. One of these
commenters recommended monitoring new pumps within 1 month after
installation to minimize the time period for potential leaks. A second
commenter recommended that monitoring be required even sooner after
installation. This commenter also questioned why a clarification of the
requirements for pumps was needed because the preamble to the proposed
amendments did not explain how industry currently handles new pumps and
why that practice is a problem. This commenter also objected to the
second sentence in 40 CFR 60.482-7(a)(2) because it means valves added
to a process would not have to be monitored for 2 consecutive months
before implementing skip monitoring, which is less stringent than the
requirements for valves in an entirely new process.
Response: The language pertaining to the initial monitoring of new
pumps and valves was added to the final amendments and new standards to
clarify how new equipment should be handled in the existing monitoring
schedule, but these are not new requirements. Under the current rule,
pumps are to be monitored monthly whether they are newly installed or
installed prior to the process unit becoming an affected source (40 CFR
60.482-2(a)(1)). It is unclear to us how a facility is complying with
the requirements for pumps if they are not being monitored monthly.
Also under the current rule, all new valves are to be monitored monthly
(i.e., base period) until two consecutive monthly readings are found
below the applicable leak definition, at which point the valve may be
monitored quarterly until a subsequent leak is found (40 CFR 60.482-
7(a)). Finding of a subsequent leak reverts the monitoring back to
monthly until two consecutive monthly readings below the applicable
leak definition is reestablished. The current rule also has an
alternative standard for valves at 40 CFR 60.483-2 which allows for
longer ``skip'' periods based on continued performance. Again, we are
uncertain that a facility is complying with the requirements for these
valves if they are not monitoring new valves within the first month of
operation.
However, to provide operational flexibility, we have decided to add
an option for newly installed valves in the final amendments and new
standards. If a new valve is placed into service during a skip period,
the source has the option to either monitor the valve on the monthly
schedule and establish the skip period for that valve, or count the
valve as a leaker in the percent leaking calculation. If the result of
the percent leaking calculation remains below 2.0 percent with the new
valve counted as a leaker, the owner or operator must monitor the new
valve by the next scheduled skip period or within 90 days, whichever
comes first. We have stated the timeframe for these requirements in
days instead of months in the final amendments and new standards (30
days for pumps and either 30 or 90 days for valves, depending on
whether the owner or operator is complying with the skip monitoring
option).
Comment: Three commenters requested clarification of the
applicability of the proposed initial monitoring provision. Two
commenters stated that the term ``placed in service'' clearly implies
that pumps and valves should follow the initial monitoring schedule
after they are initially installed. However, the term ``placed in
service'' also implies that previously installed pumps and valves
should be monitored after they have been placed back into service after
maintenance, turnarounds, and repairs. Both commenters recommended
changes to clarify that only newly installed or rebuilt pumps and
valves should be monitored following the schedule for initial
monitoring.
Response: The initial monitoring requirement is for pumps and
valves that come into VOC service through a process expansion or
replacement not associated with a repair (e.g., preventative
maintenance). These pumps and valves may be newly purchased or they may
be equipment that was previously in service elsewhere in the process
unit or facility. A newly purchased, rebuilt, repaired, or
remanufactured pump or valve installed to repair a leaking pump or
valve is not subject to the initial monitoring requirements. Instead,
the pump or valve should be monitored to verify that there is no longer
a leak (as required in the definition of ``repaired'') and may be
subsequently monitored according to the schedule that applied to the
previously leaking pump or valve.
To further clarify this issue, we have revised 40 CFR 60.482-
2(a)(1), 40 CFR 60.482-7(a)(2), 40 CFR 60.483-2(b)(7), 40 CFR 60.482-
2a(a)(1), 40 CFR 60.482-7a(a)(2), and 40 CFR 60.483-2a(b)(7).
2. Weekly Pump Inspections
Comment: Numerous commenters addressed the proposed changes to the
requirements for weekly inspections of pumps. One commenter supported
the proposed changes, including the changes to 40 CFR 60.482-
2(b)(2)(ii), which states that if a visible liquid leak is found, it
may be repaired by removing the visible indication of the leak. Based
on the commenter's experience, a visible leak does not always indicate
a regulatory leak. Another commenter agreed with the clarification
allowing facilities to determine if a leak is emitting VOC using EPA
Method 21 because it will help to focus repairs on pumps leaking
hydrocarbons.
Three commenters did not support the proposed changes to the weekly
inspection requirements. Two of these commenters disagreed with EPA's
conclusion that the existing requirements are overly burdensome.
According to one commenter, an operator should be required to make a
showing of an undue burden; simply stating that an operator may have to
conduct more inspections and repair more leaks than absolutely
necessary does not demonstrate an undue burden. Two commenters noted
that eliminating evidence of liquids dripping does not guarantee that
the pump is no longer leaking VOC. As a result, these two commenters
stated that monitoring should be required after eliminating evidence of
liquids dripping to verify that repair was successful. Even if liquids
dripping are not process fluid, one commenter noted that the liquid is
probably either seal barrier fluids or condensate from a pump jacket
used for temperature control. Regardless of the cause or fluid, one
commenter noted that any liquid dripping may be a first sign of a
potential maintenance problem that is best addressed as soon as
possible as a matter of good operational practice as well as good
environmental practice.
Response: The aim of the LDAR program is to find and repair leaks
of VOC. In some instances, the liquids found dripping from pumps are
not VOC-containing liquids or otherwise would not meet the leak
definition. In these cases, the pump would not be required to be
repaired under the LDAR program. Adding the option to monitor allows
the owner or operator to determine if the liquids dripping constitute a
VOC leak, thus focusing their efforts on reducing VOC emissions. If the
owner or operator chooses not to monitor the pump to determine if the
liquids dripping are a VOC leak, the liquids dripping from the pump are
[[Page 64871]]
classified as a VOC leak. The leak must be repaired by eliminating
indications of liquids dripping, and the appropriate recordkeeping and
reporting requirements for leaks apply to that pump. We agree with the
commenter that persistent liquids dripping may indicate an operation
problem that should be addressed by maintenance. If indications of
liquids dripping are noted for one pump during multiple weekly
inspections, we encourage facilities to ensure that the pump is
operating properly. We do not agree that more frequent EPA Method 21
monitoring is necessary because pumps are currently monitored on a
monthly basis and the additional monitoring would not result in
substantial emission reductions.
3. Connectors
Comment: In response to our request for comments regarding whether
connector monitoring should be required, three commenters expressed
support for it, and nine commenters opposed it. Supporters argued that
significant reductions could be achieved at a reasonable cost.
Opponents argued that the impacts analysis overstated the emission
reductions and underestimated the costs. According to two of the
opponents, EPA did not require connector monitoring in the MON (40 CFR
part 63, subpart FFFF) because the cost was determined to be
unreasonable. One commenter indicated that monitoring as proposed is
not worth the effort because most connectors are adjacent to valves,
and these connectors are investigated and monitored when valve
monitoring results in abnormal readings.
Six commenters objected to some of the assumptions we used to
estimate equipment leak emissions. Some of these commenters stated that
our emission reduction estimates were high because we used assumed leak
frequencies and leak rates from Protocol for Equipment Leak Emission
Estimates (EPA-453/R-95-017, November 1995) (the Protocol document)
rather than actual field data. One commenter added that these data
often predict emissions an order of magnitude higher than the actual
emissions. Another commenter submitted a report that concluded there is
no statistical difference in average leak rates between initial and
subsequent monitoring at HON and MON units. This commenter also
questioned the assumption that all leaking connectors would be
successfully repaired after each monitoring cycle. Several commenters
objected to estimating emissions based on leak rates equal to 170
percent of actual observed leak rates. One commenter noted that one
refinery monitored more than 22,000 connectors and found only four
leaking at greater than 1,000 ppm. Less than 0.5 percent of the
connectors in process units subject to the HON at another refinery were
leaking at greater than 500 ppm.
Four commenters objected to various elements in the cost estimates.
These commenters noted that more connectors than valves are difficult
to monitor, and the cost analysis did not include the cost for the
additional labor and equipment needed to monitor these connectors. One
commenter stated that the unit cost for monitoring connectors should be
more than $1.50 per connector because the time required to monitor a
connector is longer than for other types of equipment. The increased
monitoring time is the result of several factors: (1) The distance that
must be traversed per component is greater; (2) connectors often are in
hard-to-reach locations, requiring the operator to squeeze through
small spaces, often having to remove the monitor backpack; and (3)
connectors tend to be spread out and are hard to find. In addition,
this commenter noted that recordkeeping for connectors is more
burdensome and complicated than for valves. Connectors are not
typically shown on process and instrumentation drawings, making them
difficult to find. The commenter stated that our estimate of 10 hours
per year to complete administrative tasks and reports associated just
with monitoring connectors is inadequate. Finally, the commenter noted
that our cost estimates omit the cost of a data collection system or
monitoring device rental; the commenter estimated these costs to be
$14,500 for data collection systems and $135 per day for monitor
rental. The commenter stated that even if a facility has a data
collection system, additional licenses are needed to add connectors.
Another commenter stated that rationale for requiring monitoring at
SOCMI facilities does not apply to natural gas processing plants; thus,
this commenter requested that an impact analysis be performed to
address natural gas processing plants before making that industry
subject to connector monitoring.
In contrast with the above comments, three commenters were in favor
of adding connector monitoring to the rule. One commenter suggested
that connectors be monitored annually or biennially because they have
significant leak potential that would go undetected without monitoring.
Regardless of the uncertainties in the leak rates and emissions
factors, another commenter stated that connector monitoring should be
required because emissions reductions can be achieved at a relatively
low cost. The third commenter supported a requirement to monitor
connectors at SOCMI sources because it is technically feasible, our
impacts analysis shows it is economically feasible, and it would
achieve greater reductions than the proposed amendments for pumps and
valves. According to this commenter, more accurate emissions data in
the impacts analysis is unnecessary because emissions inventories based
on monitoring data typically show emissions that are higher than the
emissions estimated using engineering calculations and emission
factors, which would only strengthen the argument for monitoring. This
commenter also argued that refineries should be required to monitor
connectors because such monitoring is technically feasible, it is
already required for some refineries in Texas and California, and our
impacts analysis showed connectors at refineries were more likely to
leak than connectors at SOCMI sources.
Response: Both the HON and MON regulations are based on emissions
of hazardous air pollutants (HAP). NSPS are based on VOC emissions
(both HAP and non-HAP). When calculating the cost-effectiveness for
NSPS, there are more possible emission points and a higher percentage
of regulated pollutants in the emissions because the analysis is not
based only on HAP emissions. This results in a different conclusion for
cost-effectiveness than in the HON or MON.
The commenter's claim that we used the leak frequencies and leak
rates in the Protocol document for the SOCMI analysis is incorrect. We
used the same initial leak frequency (0.36 percent) as in the MON
analysis. We also started with the same initial leak rate (0.000186
kilogram (kg)/hour (hr)/connector), but we then escalated it in the
same manner that leak rates for pumps and valves were escalated. The
leak frequencies and leak rates in the MON analysis were based on
industry-supplied data for almost 165,000 connectors. We decided not to
use the leak rate data in the report supplied by one of the commenters
because it contains a smaller data set (29,000 connectors), and it is
possible that these data are also included in the larger data set.
However, our assumption that the subsequent leak frequency is the same
as the initial leak frequency is consistent with the conclusion in the
report cited by the commenter.
The new standards in 40 CFR part 60, subpart VVa include connector
monitoring because we have determined
[[Page 64872]]
that it is cost-effective at SOCMI sources. The specific monitoring
provisions are the same as in the Generic MACT. However, we have
determined that connector monitoring is not cost-effective for
petroleum refineries. Therefore, an exemption from the provisions for
connector monitoring has been included in 40 CFR part 60, subpart GGGa.
At this time, we are not reviewing 40 CFR part 60, subpart KKK;
therefore, no cost analysis has been performed on connector monitoring
for these sources, and natural gas processing plants subject to 40 CFR
part 60, subpart KKK are not subject to the connector monitoring
requirements in subpart VVa.
After reviewing the comments, we revised the impacts analyses to
include two of the suggested changes to the cost estimates. First, we
corrected an error, which increased the estimated time for reporting
and administrative activities related to connectors from 10 hr/year
(yr) to 50 hr/yr. Second, although we are not aware that monitoring
contractors charge a higher fee for connectors than for other
equipment, we accept the commenter's suggested fee of $2.50/connector
because the $1.50/connector that we used in the original analysis may
be closer to the low end of the range than the average. We disagree
with the other changes suggested by the commenters. Details of the
revised impacts analysis, including rationale for not making the
suggested changes, are provided in the docket (Docket ID No. EPA-HQ-
OAR-2006-0699).
C. Test Methods and Procedures
Comment: Two commenters supported the requirement to conduct
calibration drift assessments and remonitor when the assessment shows a
negative drift of more than 10 percent. Other commenters acknowledged
that a drift check is a good practice or a useful quality assurance/
quality control (QA/QC) tool, and one commenter agreed with EPA's
rationale for requiring drift checks.
On the other hand, four commenters opposed the drift check
requirement, saying it is unnecessary and provides no environmental
benefit. One of these commenters added that monitoring instruments such
as the Foxboro TVA 1000 FID/PID or Foxboro TVA 1000B are quite stable
over a 24-hour period, and EPA has not presented data or an analysis
showing the need for calibration assessments. A second commenter noted
that instruments typically drift in a positive direction. A third
commenter argued that a drift check and re-monitoring is a futile
effort to make the equipment leak monitoring method more accurate than
was originally intended and than the instruments can achieve because of
the following: (1) The Foxboro TVA 1000B instrument accuracy is only
25 percent for readings between 1 and 10,000 parts per
million by volume (ppmv); (2) a response factor as high as 10 is
allowed for compounds of interest; (3) the 10 percent drift limit is
inconsistent with the level of the instrument's accuracy allowed by EPA
Method 21; and (4) leaking equipment does not emit a constant
concentration. In addition, this commenter noted that drift checks
conducted to satisfy consent decrees have shown only about 10 percent
of instruments drift more than 10 percent every 2 to 3 weeks, and the
release of calibration gases would be considered a negative
environmental impact.
Response: We are removing the requirement for a post-test
calibration drift assessment from the final amendments but retaining
the requirement for the new subparts. Post-test calibration drift
assessments constitute good practice and are a useful QA/QC tool to
validate the proper operation of the monitor during the monitoring
period and, hence, the measurement data. The requirement for a
calibration drift assessment is not an effort to make the method more
accurate than was originally intended, but is intended as an additional
quality assurance check.
Comment: Numerous commenters considered the proposed re-monitoring
requirement to be excessive. Instead of re-monitoring when instrument
readings are greater than 20 percent of the applicable leak definition,
two commenters suggested changing the threshold to 75 or 80 percent.
Another commenter suggested using a percentage equal to 100 minus the
percent of negative drift. If re-monitoring is required when negative
drift occurs, two commenters stated that an owner or operator should
also have the option of re-monitoring when positive drift occurs and
reclassifying leakers as nonleakers. One of these commenters also
suggested four additional changes: (1) Because monitoring shifts may
vary, require the assessment at the end of each day rather than the end
of each monitoring shift; (2) allow an unlimited number of calibration
drift assessments per day; (3) determine drift relative to the most
recent calibration value rather than the initial value for the day; and
(4) specify that a drift assessment is not required after re-
monitoring.
Response: We agree with the suggestion to establish the retest
criterion at the percentage equal to 100 minus the percent of negative
drift and are modifying the requirement accordingly. We also agree with
the commenter's suggestion that an owner or operator should have the
option of re-monitoring when positive drift occurs and reclassifying
leakers as non-leakers when the re-monitoring after recalibration due
to positive drift indicates the previously identified leak is below the
leak definition concentration. We agree that monitoring shifts may
vary, and the new standards require the assessment at the end of each
day rather than the end of each monitoring shift. The new standards
allow an unlimited number of calibration drift assessments per day, and
we have clarified that the drift assessment is determined relative to
the most recent calibration value rather than the initial value for the
day. We do not agree that a drift assessment is not required after
remonitoring and have not made this change to the new standards.
D. Recordkeeping and Reporting
Comment: One commenter supported the proposed requirement to keep
records of all monitoring results because more and better data can only
help facility owners and operators efficiently and effectively address
the problem of fugitive emissions. Another commenter stated that
records of weekly pump inspections are needed to make the inspection
requirement enforceable. On the other hand, many commenters either
opposed or urged us to reconsider the need for one or more of the
following proposed recordkeeping requirements: (1) Results of all
monitoring events; (2) time of each monitoring event; (3) information
related to the proposed initial monitoring requirement for pumps and
valves added to a process unit; (4) results of the proposed monitoring
of OEL; (5) information related to the proposed requirement to monitor
bypass lines; (6) results of calibration drift checks; and (7) results
of weekly pump inspections.
Several commenters stated that the additional recordkeeping would
be burdensome and either would not improve the rule's effectiveness or
is excessive relative to any minimal improvement in performance. In
addition, one commenter stated that the proposal preamble did not
adequately explain how we estimated the cost of the additional
recordkeeping and reporting for SOCMI sources to be $369,000/yr, and
another stated that the proposal preamble did not explain why the
current monitoring requirements are not sufficient to verify that
monitoring was performed. According to one commenter, recording the
time of
[[Page 64873]]
monitoring has hindered many programs and reduced productivity, and the
additional records will generate an administrative backlog of data and
create issues with storage and accessibility. Although this commenter
agreed that the proposed records can be useful in verifying quality
control of the LDAR program, the commenter asserted that a more cost-
effective way to achieve quality control is to physically monitor the
program. Furthermore, this commenter stated that by requiring the
records, we are specifying the means by which a facility must implement
the LDAR program rather than outlining the performance standard.
Another commenter expressed concern that the additional recordkeeping
exposes facilities to the potential of incurring deviations for records
that serve no purpose.
Response: As stated in section III.B of this preamble, the
recordkeeping requirements in the final amendments and new standards
are authorized by section 114 of the CAA. We have made significant
changes to the proposed recordkeeping requirements as a result of the
changes made to the scope and applicability of the standards. Because
the final amendments to 40 CFR part 60, subparts VV and GGG include
only clarifications to existing requirements, burden reducing
provisions, and new compliance options, no changes or additions to the
recordkeeping requirements in subpart VV or GGG are needed to document
and/or enforce these amendments. The recordkeeping requirements apply
to the new standards (40 CFR part 60, subparts VVa and GGGa), as
proposed, with a few exceptions. First, we removed the requirement to
record the time of each monitoring event because the total number of
pieces of equipment that are monitored each day should be sufficient
for evaluating the ability of an operator to properly perform EPA
Method 21. Second, records of information on bypass lines are not
required because the new subpart does not include the requirement to
monitor bypass lines. Third, because sources subject to subpart GGGa
are not required to comply with the monitoring requirements applicable
to connectors, the associated recordkeeping requirements do not apply
to those sources. CAA section 114 specifically provides that we may
have access to and copy any records and inspect any monitoring
equipment and compliance method.
E. Burden Estimates
Comment: According to one commenter, the burden impact analyses of
the proposed new recordkeeping and reporting requirements as presented
in the preamble and docket do not comply with the ICR requirements of
the Paperwork Reduction Act (PRA). The proposed new requirements of
concern to the commenter are the requirements to keep records of
information for all monitoring events, the time of each monitoring
event, the time a new pump or valve is placed in service and results of
new monitoring requirements for such pumps and valves, results from the
new monitoring requirement for OEL, results of the new calibration
drift checks, and results of weekly pump inspections. Another commenter
also stated that the ICR requirements in the PRA were not met for
recordkeeping and reporting associated with the proposed initial
monitoring requirement for valves. A third commenter expressed a
general concern that the proposed recordkeeping requirements may not
meet the administrative requirements for proposing new NSPS.
One commenter noted several specific deficiencies and concerns with
the burden impact analyses. First, it is not clear if all of the
proposed new requirements are addressed in the ICR for sources subject
to NSPS 40 CFR part 60, subpart GGG because the ICR does not discuss
the incremental effects of the new requirements. Second, the ICR for
SOCMI sources appears to address impacts only for those sources that
elect to comply with the CAR option, not those that would comply
directly with 40 CFR part 60, subpart VV. Third, no ICR analyses were
provided for sources that are subject to other rules that reference
subpart VV (i.e., NSPS subparts DDD and KKK of 40 CFR part 60, and the
Refinery NESHAP). Fourth, the available analyses appear to address
burden impacts only for sources that become subject to subparts VV and
GGG in the future, but the proposed new requirements also would apply
to sources that are currently subject to subpart VV or any of the rules
that reference it. Fifth, even if some facilities voluntarily collect
some of the records of concern, a requirement making their collection
mandatory is still subject to the PRA, Regulatory Flexibility Act, and
Executive Order 12866. Sixth, the commenter noted that the claim in the
preamble that records of all monitoring events would be ``useful'' is
not a legal basis for imposing the recordkeeping requirement. Seventh,
if the total burden for all of the sources exceeds $100 million per
year, additional review is triggered under other laws and Executive
Order 12866. Based on the lack of analyses, the commenter stated that
proposed recordkeeping and reporting requirements cannot be imposed on
any sources, except perhaps new sources subject to subpart GGG, without
additional proposal notice and opportunity for public comment.
Response: We disagree with the conclusions drawn by the commenters
regarding the availability of the ICR. Document number EPA-HQ-OAR-2006-
0699-0038 is the ICR associated with the CAR and all subparts that
reference the CAR. This supporting statement displays the burden for
sources that opt to comply with the CAR and for sources that opt to
comply with their own referenced subpart, including 40 CFR part 60,
subpart VV. For reference, pages 2-3, 6-7, 12-16, 33, 53, 77, and 112
all provide information specific to 40 CFR part 60, subpart VV.
For the final amendments and new standards, we have made
adjustments to the supporting statements for all subparts involved. The
burden associated with the amended 40 CFR part 60, subpart VV and the
new 40 CFR part 60, subpart VVa is included in the supporting statement
for the CAR and all other referenced subparts. The burden associated
with the amended 40 CFR part 60, subpart GGG and the new 40 CFR part
60, subpart GGGa is included in the supporting statement that
originally just supplied information for subpart GGG.
Because this particular rulemaking did not evaluate sources subject
to 40 CFR part 60, subparts DDD and KKK or the Refinery NESHAP, we have
not included any changes to the associated ICR for these subparts.
V. Summary of Cost, Environmental, Energy, and Economic Impacts
In setting standards, the CAA requires us to consider alternative
emission control approaches, taking into account the estimated costs
and benefits, as well as the energy, solid waste, and other effects. We
are presenting estimates of the impacts for the 500 ppm leak definition
for valves and the 2,000 ppm leak definition for pumps in 40 CFR part
60, subparts VVa and GGGa and connector monitoring in subpart VVa. The
final amendments are clarifications to the existing subpart VV and
subpart GGG to 40 CFR part 60; they have no associated emission
reduction impacts. The cost, environmental, and economic impacts of the
new standards are expressed as incremental differences between the
impacts of SOCMI and petroleum refining process units complying with
the new subparts and the current NSPS requirements (i.e., baseline).
The impacts are presented for SOCMI and petroleum refining process
[[Page 64874]]
units constructed, reconstructed, or modified over the next 5 years.
The analyses and the supporting documentation referenced below can be
found in Docket ID No. EPA-HQ-OAR-2006-0699.
EPA estimates that there are no significant energy or secondary
environmental impacts as a result of the new standards. The new
standards are changes to work practice requirements and do not require
changes to equipment or control devices. Therefore, use of fuel or
electricity is not expected to increase significantly as a result of
the new standards. Likewise, the new standards do not require physical
changes that have the potential to increase wastewater or solid waste
from SOCMI or petroleum refinery process units.
A. What are the impacts for SOCMI process units?
The methodology used to estimate impacts for the lower leak
definitions for pumps and valves in the new 40 CFR part 60, subpart VVa
is essentially the same as the methodology described in section VI.A of
the preamble for the proposed amendments (71 FR 65311, November 7,
2006). There are, however, a few changes in the assumptions. We
adjusted the estimates of baseline emissions and monitoring frequencies
for new, modified, and reconstructed process units not subject to the
HON, the MON, or the Ethylene NESHAP to better reflect baseline
conditions.
In addition, we added emission reduction and cost impacts for the
monitoring of connectors. The analysis completed for the proposed
amendments to 40 CFR part 60, subpart VV was documented in a technical
memorandum (EPA-HQ-OAR-2006-0699-0035). Based on the leak frequencies
obtained from Revised MACT Floor, Regulatory Alternatives, and
Nationwide Impacts for Equipment Leaks at Chemical Manufacturing
Facilities (EPA-HQ-OAR-2003-0121-0004) at a leak definition of 500 ppm,
we estimated that connectors would be monitored once every 4 years.
SOCMI process units subject to the HON are already required to monitor
connectors, so the baseline impacts for process units subject to these
standards were equivalent to the impacts of the new standards. The
methodology did not change for the analysis of the impacts for
connectors subject to the new subpart VVa of 40 CFR part 60.
Based on the assumptions described above, we estimate that the new
standards will reduce emissions of VOC about 325 tons/yr from the
baseline. The estimated increase in annual cost, including annualized
initial costs, is about $821,000. The cost-effectiveness is about
$1,700 per ton of VOC removed. The estimated nationwide 5-year
incremental emissions reductions and cost impacts for each of the new
standards are summarized in Table 2 of this preamble.
Table 2.--National Emission Reductions and Cost Impacts for SOCMI Units Subject to Standards Under Subpart VVa of 40 CFR Part 60
[5th Year After Proposal]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual
emission Total initial Annualized Recovery Total annual Cost-
Requirement reductions, cost, $million cost, credit,\1\ cost, effectiveness,
tons/yr $thousand/yr $thousand/yr $thousand/yr $/ton
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lower leak definition for valves and pumps.............. 94 0.15 41 77 -36 -380
Monitor connectors...................................... 230 3.1 780 190 590 2,500
-----------------
Total............................................... 325 3.25 821 270 554 1,700
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Value of recovered product is $818/ton.
B. What are the impacts for petroleum refining process units?
The methodology used to estimate impacts for the new 40 CFR part
60, subpart GGGa is essentially the same as the methodology described
in section VI.B of the preamble for the proposed amendments (71 FR
65311). There are, however, a few changes in the assumptions. For
example, we originally assumed that the leak definitions in the
Refinery NESHAP for valves and pumps on new sources since July 14,
1994, are equivalent to the leak definitions in 40 CFR part 60,
subparts VVa and GGGa. However, the leak definitions in subparts VVa
and GGGa are, in fact, more stringent than the Refinery NESHAP
(proposed amendments at 72 FR 50716, September 4, 2007, did not include
any changes to the equipment leak standards). Therefore, process units
subject to both standards will comply with the leak definitions in
subpart GGGa, so we revised the analysis of the impacts for the
promulgated amendments to include the impacts for sources subject to
both the Refinery NESHAP and subpart GGGa. We also adjusted the
estimates of baseline emissions and monitoring frequencies for process
units not subject to a consent decree. The revised impacts analysis is
described in detail in Docket ID No. EPA-HQ-OAR-2006-0699.
We estimate that the new standards will reduce emissions of VOC
about 13 tons/yr from the baseline. The estimated increase in annual
cost, including annualized initial costs, is about $26,000. The cost-
effectiveness is about $1,600 per ton of VOC removed. The estimated
nationwide 5-year incremental emissions reductions and cost impacts for
the new standards are summarized in Table 3 of this preamble.
[[Page 64875]]
Table 3.--National Emission Reductions and Cost Impacts for Petroleum Refinery Units Subject to Standards Under Subpart GGGa of 40 CFR Part 60
[5th Year After Proposal]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Annual
emission Total initial Total annual Recovery Total annual Cost-
Requirement reductions, cost, cost, credit,\1\ cost, effectiveness,
tons/yr $thousand $thousand/yr $thousand/yr $thousand/yr $/ton
--------------------------------------------------------------------------------------------------------------------------------------------------------
Lower leak definition for valves and pumps.............. 13 24 26 7 19 1,600
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\Value of recovered product is $545/ton.
C. What are the economic impacts?
An economic impact analysis was performed to compare the control
costs associated with producing a product at petroleum refineries and
various types of SOCMI facilities to the average value of shipments
from such facilities. Since we are unable to associate projected
control costs with specific facilities, we examined two polar cases for
each industry, (1) a worst-case and (2) a best-case scenario. For the
SOCMI, the polar cases are: (1) No more than eight complex process
units located at a single facility and (2) no more than one process
unit per facility. For petroleum refineries, the polar cases are: (1)
All of the affected process units associated with one facility in the
industry and (2) no more than one affected process unit at any given
facility. In all cases, the magnitude of the costs is quite small. The
only scenario for which the control costs reach 0.3 percent of the
facility value of shipments is if an average ethyl alcohol
manufacturing facility (in terms of value of shipments) experienced the
worst case scenario of 8 complex processing units requiring control.
Therefore, while the distribution of costs to small entities is
unknown, no significant impact is expected for facilities of any size.
The impact of the regulation on prices and profitability depends on the
extent that the costs of control are passed on in the form of higher
prices or absorbed by the facility. Because the costs are so small, any
price increases or loss of profit would be quite small. No significant
impact is expected as a result of the final amendments or the new
standards of performance for equipment leaks of VOC for the petroleum
refining industry and SOCMI.
VI. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is a ``significant regulatory action'' because it may raise
novel legal or policy issues. Accordingly, EPA submitted this action to
the Office of Management and Budget (OMB) for review under Executive
Order 12866, and any changes made in response to OMB recommendations
have been documented in the docket for this action.
B. Paperwork Reduction Act
The final amendments to the standards of performance for SOCMI and
petroleum refineries (40 CFR part 60, subparts VV and GGG) do not
impose any new information collection burden. The final amendments to
these existing rules contain only clarifications, burden reducing
provisions, and new compliance options. OMB has previously approved the
information collection requirements contained in the existing
regulations under the provisions of the Paperwork Reduction Act, 44
U.S.C. 3501, et seq., and has assigned OMB control number 2060-0443,
EPA ICR number 1854.04, to the ICR for subpart VV and OMB control
number 2060-0067, EPA ICR number 0983.08, to the ICR for subpart GGG. A
copy of the OMB-approved ICR may be obtained from Susan Auby,
Collection Strategies Division, Environmental Protection Agency
(2822T), 1200 Pennsylvania Ave., NW., Washington, DC 20460 or by
calling (202) 566-1672.
The information collection requirements in these new final
standards (40 CFR part 60, subparts VVa and GGGa) have been submitted
for approval to OMB under the Paperwork Reduction Act, 44 U.S.C. 3501,
et seq. The information collection requirements are not enforceable
until OMB approves them.
The information to be collected for the new standards are based on
recordkeeping and reporting requirements in the NSPS General Provisions
in 40 CFR part 60, subpart A, which are mandatory for all operators
subject to NSPS. These recordkeeping and reporting requirements are
specifically authorized by section 114 of the CAA (42 U.S.C. 7414). All
information submitted to EPA pursuant to the recordkeeping and
reporting requirements for which a claim of confidentiality is made is
safeguarded according to EPA policies set forth in 40 CFR part 2,
subpart B.
Facilities subject to 40 CFR part 60, subpart VVa are required to
comply with the same monitoring, recordkeeping, and reporting
requirements for equipment leaks as required by 40 CFR part 60, subpart
VV, along with certain additional requirements. The new recordkeeping
provisions in subpart VVa require general identifying information for
each monitoring activity required by the rule and specific information
needed to demonstrate compliance with the new monitoring provisions for
connectors and pumps in light liquid service (weekly visual inspections
for indications of dripping liquids). Records are also required to
demonstrate compliance with the QA/QC requirement for a calibration
drift assessment at the end of each day and comparison of the results
of the assessment with the most recent calibration value. A new,
reconstructed, or modified affected facility subject to 40 CFR part 60,
subpart VVa or GGGa must submit a notification of compliance status
report and include information about leaking connectors in semi-annual
compliance reports. Affected facilities subject to subpart GGGa are
required to comply with the monitoring, recordkeeping, and reporting
requirements in subpart VVa except for the monitoring requirements
applicable to connectors (and the associated recordkeeping/reporting
requirements).
The annual average burden for the information collection
requirements in 40 CFR part 60, subpart VVa is estimated at 7,194
labor-hours per year, with a total annual cost of $527,104 per year.
The hour burden is based on an estimated 29 hours per response on a
semi-annual basis by 76 respondents. Total capital/startup costs
associated with the monitoring equipment over the 3-year period of the
ICR are estimated at $4,200. The operation of the monitors is included
in the monitoring costs, and maintenance costs on these units are
incidental; therefore, no maintenance or operation costs are incurred.
[[Page 64876]]
The annual average burden for the information collection
requirements in 40 CFR part 60, subpart GGGa is estimated at 4,216
labor-hours per year, with a total annual cost of $330,353 per year.
The hour burden is based on an estimated 70 hours per response on a
semi-annual basis by 20 respondents. No capital/startup costs or
operation and maintenance costs are associated with the information
collection requirements.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment for the
approved information collection requirements contained in the new
standards.
C. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
For purposes of assessing the impacts of the final amendments and
new standards on small entities, small entity is defined as: (1) A
small business according to Small Business Administration size
standards by the North American Industry Classification System (NAICS)
category of the owning entity; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise that is
independently owned and operated and is not dominant in its field. For
the SOCMI, a small business ranges from less than 500 employees to less
than 1,000 employees, depending on the NAICS code. For petroleum
refiners, a small business has no more than 1,500 employees and a crude
oil distillation capacity of no more than 125,000 barrels per calendar
day.
After considering the economic impacts of these final amendments on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. We have
determined that no facilities subject to the final amendments to the
standards of performance for the SOCMI (40 CFR part 60, subpart VV) and
petroleum refineries (40 CFR part 60, subpart GGG), including small
businesses, will incur any adverse impacts because the final amendments
do not create any new requirements or burdens. The final amendments
include only clarifications, burden-reducing provisions, and new
compliance options. We have determined that no facilities, large or
small, subject to the new standards of performance for the SOCMI (40
CFR part 60, subpart VVa) or petroleum refineries (40 CFR part 60,
subpart GGGa) will incur any economic impact greater than 0.3 percent
of their revenues. For more information on the results of the analysis
of small entity impacts, please refer to the economic impact analysis
for the final amendments and new standards in Docket ID No. EPA-HQ-OAR-
2006-0699.
D. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
EPA has determined that this final action does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. As discussed earlier in this preamble, no
costs are associated with the final amendments, which contain only
clarifications, burden-reducing provisions, and new compliance options.
For the new standards, the estimated annual expenditures for the
private sector in the fifth year after proposal are $821,000 for SOCMI
and $26,000 for petroleum refineries. Thus, the final amendments and
the new standards are not subject to the requirements of sections 202
and 205 of the UMRA.
In addition, EPA has determined that the final action contains no
regulatory requirements that might significantly or uniquely affect
small governments. The final action contains no requirements that apply
to such governments, imposes no obligations upon them, and will not
result in expenditures by them of $100 million or more in any 1 year or
any disproportionate impacts on them. Therefore, the final action is
not subject to the requirements of section 203 of the UMRA.
E. Executive Order 13132: Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of
[[Page 64877]]
regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.''
The final action does not have federalism implications. The final
amendments and the new standards will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. None of the affected facilities are owned or
operated by State governments. Thus, Executive Order 13132 does not
apply to this final action.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' The final action does not
have tribal implications, as specified in Executive Order 13175. The
final amendments and the new standards will not have substantial direct
effects on tribal governments, on the relationship between the Federal
government and Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes, as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this final action.
G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This final action is not
subject to Executive Order 13045 because the final amendments and the
new standards are based on technology performance and not on health or
safety risks.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
This final action is not a ``significant energy action'' as defined
in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this final action is not likely to have any
adverse energy effects. The final action will not have any significant
or adverse energy impacts because no additional pollution controls or
other equipment that consume energy are required by the final
amendments or new standards.
I. National Technology Transfer and Advancement Act
As noted in the proposal, section 12(d) of the National Technology
Transfer and Advancement Act (NTTAA) of 1995 (Public Law No. 104-113,
12(d) (15 U.S.C. 272 note), directs EPA to use voluntary consensus
standards (VCS) in its regulatory activities, unless to do so would be
inconsistent with applicable law or otherwise impractical. VCS are
technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
This rulemaking involves technical standards. The EPA cites the
following methods: EPA Method 2, 2A, 2C, 2D, 18, 21, and 22 of 40 CFR
part 60, appendix A.
In addition, the EPA cites the following ASTM methods that are also
VCS: ASTM E260-73, E260-91, E260-96 (reapproved 2006), E168-67, E168-
77, E168-92, E169-63, E169-77, and E169-93 when determining if a piece
of equipment is in VOC service; ASTM D2879-83, D2879-96, and D2879-97
(reapproved 2007) when determining if a piece of equipment is in light
liquid service, and ASTM D2504-67, D2504-77, D2504-88 (reapproved
1993), D2382-76, D2382-88, and D4809-95 when determining the maximum
permitted velocity for air-assisted flares; ASTM E260-73, E260-91,
E260-96, E168-67, E168-77, E168-92, E169-63, E169-77, and E169-93 when
determining if a piece of equipment is in hydrogen service; and ASTM
D86-78, D86-82, D86-90, D86-95, and D86-96 when determining if a piece
of equipment is in light liquid service. These VCS will be incorporated
by reference into Sec. 60.17.
Consistent with the NTTAA, EPA conducted searches to identify VCS
in addition to these EPA methods. No applicable VCS were identified for
EPA Methods 2A, 2D, 21, and 22. The search and review results are in
the docket for this rule.
The search identified one VCS as an acceptable alternative to an
EPA Method. The standard ASTM D6420-99 (2004), ``Test Method for
Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography/Mass Spectrometry,'' is cited in this rule as an
alternative to EPA Method 18 for measuring gaseous organic HAP.
Similar to EPA's performance-based Method 18, ASTM D6420-99 is also
a performance-based method for measurement of gaseous organic
compounds. However, ASTM D6420-99 was written to support the specific
use of highly portable and automated gas chromatography (GC)/mass
spectrometry (MS). While offering advantages over the traditional EPA
Method 18, the ASTM method does allow some less stringent criteria for
accepting GC/MS results than required by EPA Method 18. Therefore, ASTM
D6420-99 is a suitable alternative to EPA Method 18 only where:
(1) The target compound(s) are those listed in Section 1.1 of ASTM
D6420-99, and
(2) The target concentration is between 150 parts per billion by
volume and 100 ppmv.
For target compound(s) not listed in Section 1.1 of ASTM D6420-99,
but potentially detected by mass spectrometry, the regulation specifies
that the additional system continuing calibration check after each run,
as detailed in Section 10.5.3 of the ASTM method, must be followed,
met, documented, and submitted with the data report even if there is no
moisture condenser used or the compound is not considered water
soluble. For target
[[Page 64878]]
compound(s) not listed in Section 1.1 of ASTM D6420-99, and not
amenable to detection by mass spectrometry, ASTM D6420-99 does not
apply.
As a result, EPA will cite ASTM D6420-99 in this rule. The EPA will
also cite EPA Method 18 as a GC option in addition to ASTM D6420-99.
This will allow the continued use of GC configurations other than GC/
MS.
The search for emissions measurement procedures identified four
other VCS. The EPA determined that these four standards identified for
measuring emissions of the HAP or surrogates subject to emission
standards in this rule were impractical alternatives to EPA test
methods for the purposes of this rule. Therefore, EPA does not intend
to adopt these standards for this purpose. The reasons for the
determinations for the four methods are discussed in the docket to this
rule.
A source may apply to EPA for permission to use alternative test
methods or alternative monitoring requirements in place of any required
testing methods, performance specifications, or procedures. Potential
standards are reviewed to determine if they meet the requirements of
EPA Method 301 for accepting alternative methods or scientific,
engineering, and policy equivalence to procedures in EPA reference
methods.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
EPA has determined that this final action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations. The final amendments to
the standards of performance for SOCMI (40 CFR part 60, subpart VV) and
petroleum refineries (40 CFR part 60, subpart GGG) are comprised of
clarifications, burden-reducing provisions, and new compliance options
that do not affect the current level of control at facilities subject
these rules. The new standards of performance for SOCMI (40 CFR part
60, subpart VVa) and petroleum refineries (40 CFR part 60, subpart
GGGa) will increase the level of environmental protection for all
affected populations without having any disproportionately high and
adverse human health or environmental effects on any population,
including any minority or low-income population. The new subparts will
increase the stringency of the standards of performance by reducing the
leak definitions for certain pumps and valves, and subpart VVa will
increase the stringency further by requiring the monitoring of certain
connectors.
K. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of Congress and to the Comptroller General
of the United States. EPA will submit a report containing this final
action and other required information to the United States Senate, the
United States House of Representatives, and the Comptroller General of
the United States prior to publication of the final action in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This final rule is effective on
November 16, 2007.
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations.
Dated: October 31, 2007.
Stephen L. Johnson,
Administrator.
0
For the reasons cited in the preamble, title 40, chapter I, parts 60
and 63 of the Code of Federal Regulations are amended as follows:
PART 60--[AMENDED]
0
1. The authority citation for part 60 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--[Amended]
0
2. Section 60.17 is amended by revising paragraphs (a)(7), (35), (36),
(41), (70), (88), (89), and (90) to read as follows:
Sec. 60.17 Incorporations by reference.
* * * * *
(a) * * *
(7) ASTM D86-78, 82, 90, 93, 95, 96, Distillation of Petroleum
Products, IBR approved for Sec. Sec. 60.562-2(d), 60.593(d),
60.593a(d), and 60.633(h).
* * * * *
(35) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by
Bomb Calorimeter (High-Precision Method), IBR approved for Sec. Sec.
60.18(f)(3), 60.485(g)(6), 60.485a(g)(6), 60.564(f)(3), 60.614(e)(4),
60.664(e)(4), and 60.704(d)(4).
(36) ASTM D2504-67, 77, 88 (Reapproved 1993), Noncondensable Gases
in C3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR
approved for Sec. Sec. 60.485(g)(5) and 60.485a(g)(5).
* * * * *
(41) ASTM D2879-83, 96, 97, Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope, IBR approved for Sec. Sec. 60.111b(f)(3),
60.116b(e)(3)(ii), 60.116b(f)(2)(i), 60.485(e)(1), and 60.485a(e)(1).
* * * * *
(70) ASTM D4809-95, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR
approved for Sec. Sec. 60.18(f)(3), 60.485(g)(6), 60.485a(g)(6),
60.564(f)(3), 60.614(d)(4), 60.664(e)(4), and 60.704(d)(4).
* * * * *
(88) ASTM E168-67, 77, 92, General Techniques of Infrared
Quantitative Analysis, IBR approved for Sec. Sec. 60.485a(d)(1),
60.593(b)(2), 60.593a(b)(2), and 60.632(f).
(89) ASTM E169-63, 77, 93, General Techniques of Ultraviolet
Quantitative Analysis, IBR approved for Sec. Sec. 60.485a(d)(1),
60.593(b)(2), 60.593a(b)(2), and 60.632(f).
(90) ASTM E260-73, 91, 96, General Gas Chromatography Procedures,
IBR approved for Sec. Sec. 60.485a(d)(1), 60.593(b)(2), 60.593a(b)(2),
and 60.632(f).
* * * * *
[[Page 64879]]
Subpart VV--Standards of Performance for Equipment Leaks of VOC in
the Synthetic Organic Chemicals Manufacturing Industry for which
Construction, Reconstruction, or Modification Commenced After
January 5, 1981, and on or Before November 7, 2006
0
3. The heading for Subpart VV is revised as set out above.
0
4. Section 60.480 is amended by revising paragraphs (b), (d)(2) through
(d)(5), and (e) to read as follows:
Sec. 60.480 Applicability and designation of affected facility.
* * * * *
(b) Any affected facility under paragraph (a) of this section that
commences construction, reconstruction, or modification after January
5, 1981, and on or before November 7, 2006, shall be subject to the
requirements of this subpart.
* * * * *
(d) * * *
(2) Any affected facility that has the design capacity to produce
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec.
60.489 is exempt from Sec. Sec. 60.482-1 through 60.482-10.
(3) If an affected facility produces heavy liquid chemicals only
from heavy liquid feed or raw materials, then it is exempt from
Sec. Sec. 60.482-1 through 60.482-10.
(4) Any affected facility that produces beverage alcohol is exempt
from Sec. Sec. 60.482-1 through 60.482-10.
(5) Any affected facility that has no equipment in volatile organic
compounds (VOC) service is exempt from Sec. Sec. 60.482-1 through
60.482-10.
(e) Alternative means of compliance-- (1) Option to comply with
part 65. (i) Owners or operators may choose to comply with the
provisions of 40 CFR part 65, subpart F, to satisfy the requirements of
Sec. Sec. 60.482 through 60.487 for an affected facility. When
choosing to comply with 40 CFR part 65, subpart F, the requirements of
Sec. 60.485(d), (e), and (f) and Sec. 60.486(i) and (j) still apply.
Other provisions applying to an owner or operator who chooses to comply
with 40 CFR part 65 are provided in 40 CFR 65.1.
(ii) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart F must also comply with Sec. Sec. 60.1,
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that
equipment. All sections and paragraphs of subpart A of this part that
are not mentioned in this paragraph (e)(1)(ii) do not apply to owners
and operators of equipment subject to this subpart complying with 40
CFR part 65, subpart F, except that provisions required to be met prior
to implementing 40 CFR part 65 still apply. Owners and operators who
choose to comply with 40 CFR part 65, subpart F, must comply with 40
CFR part 65, subpart A.
(2) Subpart VVa. Owners or operators may choose to comply with the
provisions of subpart VVa of this part 60 to satisfy the requirements
of this subpart VV for an affected facility.
0
5. Section 60.481 is amended by:
0
a. In the definition of ``Capital expenditure'' remove the table
heading in paragraph (a)(3) and add in its place the heading ``Table
for Determining Applicable Value for B'';
0
b. Revising the definitions for the terms ``Connector,'' ``First
attempt at repair,'' ``Hard piping,'' ``Process unit,'' ``Process unit
shutdown,'' and ``Repaired''; and
0
c. Adding, in alphabetical order, new definitions for the terms
``Closed-loop system,'' ``Closed-purge system,'' ``Storage vessel,''
and ``Transfer rack'' to read as follows:
Sec. 60.481 Definitions.
* * * * *
Closed-loop system means an enclosed system that returns process
fluid to the process.
Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers for purged
liquids must be covered or closed when not being filled or emptied.
* * * * *
Connector means flanged, screwed, or other joined fittings used to
connect two pipe lines or a pipe line and a piece of process equipment
or that close an opening in a pipe that could be connected to another
pipe. Joined fittings welded completely around the circumference of the
interface are not considered connectors for the purpose of this
subpart.
* * * * *
First attempt at repair means to take action for the purpose of
stopping or reducing leakage of organic material to the atmosphere
using best practices.
* * * * *
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgment and standards such as ASME
B31.3, Process Piping (available from the American Society of
Mechanical Engineers, PO Box 2300, Fairfield, NJ 07007-2300).
* * * * *
Process unit means the components assembled and connected by pipes
or ducts to process raw materials and to produce, as intermediate or
final products, one or more of the chemicals listed in Sec. 60.489. A
process unit can operate independently if supplied with sufficient feed
or raw materials and sufficient storage facilities for the product. For
the purpose of this subpart, process unit includes any feed,
intermediate and final product storage vessels (except as specified in
Sec. 60.482-1(g)), product transfer racks, and connected ducts and
piping. A process unit includes all equipment as defined in this
subpart.
Process unit shutdown means a work practice or operational
procedure that stops production from a process unit or part of a
process unit during which it is technically feasible to clear process
material from a process unit or part of a process unit consistent with
safety constraints and during which repairs can be accomplished. The
following are not considered process unit shutdowns:
(1) An unscheduled work practice or operational procedure that
stops production from a process unit or part of a process unit for less
than 24 hours.
(2) An unscheduled work practice or operational procedure that
would stop production from a process unit or part of a process unit for
a shorter period of time than would be required to clear the process
unit or part of the process unit of materials and start up the unit,
and would result in greater emissions than delay of repair of leaking
components until the next scheduled process unit shutdown.
(3) The use of spare equipment and technically feasible bypassing
of equipment without stopping production.
* * * * *
Repaired means that equipment is adjusted, or otherwise altered, in
order to eliminate a leak as defined in the applicable sections of this
subpart and, except for leaks identified in accordance with Sec. Sec.
60.482-2(b)(2)(ii) and (d)(6)(ii) and (iii), 60.482-3(f), and 60.482-
10(f)(1)(ii), is re-monitored as specified in Sec. 60.485(b) to verify
that emissions from the equipment are below the applicable leak
definition.
* * * * *
Storage vessel means a tank or other vessel that is used to store
organic liquids that are used in the process as raw material
feedstocks, produced as intermediates or final products, or generated
as wastes. Storage vessel does not include vessels permanently attached
to motor vehicles, such as trucks, railcars, barges, or ships.
* * * * *
Transfer rack means the collection of loading arms and loading
hoses, at a
[[Page 64880]]
single loading rack, that are used to fill tank trucks and/or railcars
with organic liquids.
* * * * *
0
6. Section 60.482-1 is amended by adding paragraphs (e), (f), and (g)
to read as follows:
Sec. 60.482-1 Standards: General.
* * * * *
(e) Equipment that an owner or operator designates as being in VOC
service less than 300 hours (hr)/yr is excluded from the requirements
of Sec. Sec. 60.482-2 through 60.482-10 if it is identified as
required in Sec. 60.486(e)(6) and it meets any of the conditions
specified in paragraphs (e)(1) through (3) of this section.
(1) The equipment is in VOC service only during startup and
shutdown, excluding startup and shutdown between batches of the same
campaign for a batch process.
(2) The equipment is in VOC service only during process
malfunctions or other emergencies.
(3) The equipment is backup equipment that is in VOC service only
when the primary equipment is out of service.
(f)(1) If a dedicated batch process unit operates less than 365
days during a year, an owner or operator may monitor to detect leaks
from pumps and valves at the frequency specified in the following table
instead of monitoring as specified in Sec. Sec. 60.482-2, 60.482-7,
and 60.483-2:
----------------------------------------------------------------------------------------------------------------
Equivalent monitoring frequency time in use
Operating time (percent of hours --------------------------------------------------------------------------
during year) Monthly Quarterly Semiannually
----------------------------------------------------------------------------------------------------------------
0 to < 25............................. Quarterly.............. Annually............... Annually.
25 to < 50............................ Quarterly.............. Semiannually........... Annually.
50 to < 75............................ Bimonthly.............. Three quarters......... Semiannually.
75 to 100............................ Monthly................ Quarterly.............. Semiannually.
----------------------------------------------------------------------------------------------------------------
(2) Pumps and valves that are shared among two or more batch
process units that are subject to this subpart may be monitored at the
frequencies specified in paragraph (f)(1) of this section, provided the
operating time of all such process units is considered.
(3) The monitoring frequencies specified in paragraph (f)(1) of
this section are not requirements for monitoring at specific intervals
and can be adjusted to accommodate process operations. An owner or
operator may monitor at any time during the specified monitoring period
(e.g., month, quarter, year), provided the monitoring is conducted at a
reasonable interval after completion of the last monitoring campaign.
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv)
of this section.
(i) When monitoring is conducted quarterly, monitoring events must
be separated by at least 30 calendar days.
(ii) When monitoring is conducted semiannually (i.e., once every 2
quarters), monitoring events must be separated by at least 60 calendar
days.
(iii) When monitoring is conducted in 3 quarters per year,
monitoring events must be separated by at least 90 calendar days.
(iv) When monitoring is conducted annually, monitoring events must
be separated by at least 120 calendar days.
(g) If the storage vessel is shared with multiple process units,
the process unit with the greatest annual amount of stored materials
(predominant use) is the process unit the storage vessel is assigned
to. If the storage vessel is shared equally among process units, and
one of the process units has equipment subject to subpart VVa of this
part, the storage vessel is assigned to that process unit. If the
storage vessel is shared equally among process units, none of which
have equipment subject to subpart VVa of this part, the storage vessel
is assigned to any process unit subject to this subpart. If the
predominant use of the storage vessel varies from year to year, then
the owner or operator must estimate the predominant use initially and
reassess every 3 years. The owner or operator must keep records of the
information and supporting calculations that show how predominant use
is determined. All equipment on the storage vessel must be monitored
when in VOC service.
0
7. Section 60.482-2 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph(b)(2);
0
c. Revising paragraph (c)(2);
0
d. Revising paragraphs (d) introductory text, (d)(1)(ii), (d)(4),
(d)(5), and (d)(6); and
0
e. Revising paragraph (e) introductory text to read as follows:
Sec. 60.482-2 Standards: Pumps in light liquid service.
(a)(1) Each pump in light liquid service shall be monitored monthly
to detect leaks by the methods specified in Sec. 60.485(b), except as
provided in Sec. 60.482-1(c) and (f) and paragraphs (d), (e), and (f)
of this section. A pump that begins operation in light liquid service
after the initial startup date for the process unit must be monitored
for the first time within 30 days after the end of its startup period,
except for a pump that replaces a leaking pump and except as provided
in Sec. 60.482-1(c) and (f) and paragraphs (d), (e), and (f) of this
section.
(2) Each pump in light liquid service shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal, except as provided in Sec. 60.482-1(f).
(b) * * *
(2) If there are indications of liquids dripping from the pump
seal, the owner or operator shall follow the procedure specified in
either paragraph (b)(2)(i) or (ii) of this section. This requirement
does not apply to a pump that was monitored after a previous weekly
inspection if the instrument reading for that monitoring event was less
than 10,000 ppm and the pump was not repaired since that monitoring
event.
(i) Monitor the pump within 5 days as specified in Sec. 60.485(b).
If an instrument reading of 10,000 ppm or greater is measured, a leak
is detected. The leak shall be repaired using the procedures in
paragraph (c) of this section.
(ii) Designate the visual indications of liquids dripping as a
leak, and repair the leak within 15 days of detection by eliminating
the visual indications of liquids dripping.
(c) * * *
(2) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected. First attempts at repair
include, but are not limited to, the practices described in paragraphs
(c)(2)(i) and (ii) of this section, where practicable.
(i) Tightening the packing gland nuts;
(ii) Ensuring that the seal flush is operating at design pressure
and temperature.
(d) Each pump equipped with a dual mechanical seal system that
includes a barrier fluid system is exempt from the requirements of
paragraph (a) of this section, provided the requirements specified in
paragraphs (d)(1) through (6) of this section are met.
[[Page 64881]]
(1) * * *
(ii) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of Sec.
60.482-10; or
* * * * *
(4)(i) Each pump is checked by visual inspection, each calendar
week, for indications of liquids dripping from the pump seals.
(ii) If there are indications of liquids dripping from the pump
seal at the time of the weekly inspection, the owner or operator shall
follow the procedure specified in either paragraph (d)(4)(ii)(A) or (B)
of this section.
(A) Monitor the pump within 5 days as specified in Sec. 60.485(b)
to determine if there is a leak of VOC in the barrier fluid. If an
instrument reading of 10,000 ppm or greater is measured, a leak is
detected.
(B) Designate the visual indications of liquids dripping as a leak.
(5)(i) Each sensor as described in paragraph (d)(3) of this section
is checked daily or is equipped with an audible alarm.
(ii) The owner or operator determines, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
(iii) If the sensor indicates failure of the seal system, the
barrier fluid system, or both, based on the criterion established in
paragraph (d)(5)(ii) of this section, a leak is detected.
(6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A)
of this section, it shall be repaired as specified in paragraph (c) of
this section.
(ii) A leak detected pursuant to paragraph (d)(5)(iii) of this
section shall be repaired within 15 days of detection by eliminating
the conditions that activated the sensor.
(iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this
section shall be repaired within 15 days of detection by eliminating
visual indications of liquids dripping.
(e) Any pump that is designated, as described in Sec. 60.486(e)(1)
and (2), for no detectable emissions, as indicated by an instrument
reading of less than 500 ppm above background, is exempt from the
requirements of paragraphs (a), (c), and (d) of this section if the
pump:
* * * * *
0
8. Section 60.482-3 is amended by revising paragraphs (a) and (j) to
read as follows:
Sec. 60.482-3 Standards: Compressors.
(a) Each compressor shall be equipped with a seal system that
includes a barrier fluid system and that prevents leakage of VOC to the
atmosphere, except as provided in Sec. 60.482-1(c) and paragraphs (h),
(i), and (j) of this section.
* * * * *
(j) Any existing reciprocating compressor in a process unit which
becomes an affected facility under provisions of Sec. 60.14 or Sec.
60.15 is exempt from paragraphs (a) through (e) and (h) of this
section, provided the owner or operator demonstrates that recasting the
distance piece or replacing the compressor are the only options
available to bring the compressor into compliance with the provisions
of paragraphs (a) through (e) and (h) of this section.
0
9. Section 60.482-5 is amended by revising paragraphs (a) and (b) to
read as follows:
Sec. 60.482-5 Standards: Sampling connection systems.
(a) Each sampling connection system shall be equipped with a
closed-purge, closed-loop, or closed-vent system, except as provided in
Sec. 60.482-1(c) and paragraph (c) of this section.
(b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall comply with the
requirements specified in paragraphs (b)(1) through (4) of this
section.
(1) Gases displaced during filling of the sample container are not
required to be collected or captured.
(2) Containers that are part of a closed-purge system must be
covered or closed when not being filled or emptied.
(3) Gases remaining in the tubing or piping between the closed-
purge system valve(s) and sample container valve(s) after the valves
are closed and the sample container is disconnected are not required to
be collected or captured.
(4) Each closed-purge, closed-loop, or closed-vent system shall be
designed and operated to meet requirements in either paragraph
(b)(4)(i), (ii), (iii), or (iv) of this section.
(i) Return the purged process fluid directly to the process line.
(ii) Collect and recycle the purged process fluid to a process.
(iii) Capture and transport all the purged process fluid to a
control device that complies with the requirements of Sec. 60.482-10.
(iv) Collect, store, and transport the purged process fluid to any
of the following systems or facilities:
(A) A waste management unit as defined in Sec. 63.111, if the
waste management unit is subject to and operated in compliance with the
provisions of 40 CFR part 63, subpart G, applicable to Group 1
wastewater streams;
(B) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266;
(C) A facility permitted, licensed, or registered by a state to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261;
(D) A waste management unit subject to and operated in compliance
with the treatment requirements of Sec. 61.348(a), provided all waste
management units that collect, store, or transport the purged process
fluid to the treatment unit are subject to and operated in compliance
with the management requirements of Sec. Sec. 61.343 through 61.347;
or
(E) A device used to burn off-specification used oil for energy
recovery in accordance with 40 CFR part 279, subpart G, provided the
purged process fluid is not hazardous waste as defined in 40 CFR part
261.
* * * * *
0
10. Section 60.482-6 is amended by revising paragraph (a)(1) to read as
follows:
Sec. 60.482-6 Standards: Open-ended valves or lines.
(a)(1) Each open-ended valve or line shall be equipped with a cap,
blind flange, plug, or a second valve, except as provided in Sec.
60.482-1(c) and paragraphs (d) and (e) of this section.
* * * * *
0
11. Section 60.482-7 is amended by revising paragraphs (a) and (c)(1)
to read as follows:
Sec. 60.482-7 Standards: Valves in gas/vapor service and in light
liquid service.
(a)(1) Each valve shall be monitored monthly to detect leaks by the
methods specified in Sec. 60.485(b) and shall comply with paragraphs
(b) through (e) of this section, except as provided in paragraphs (f),
(g), and (h) of this section, Sec. 60.482-1(c) and (f), and Sec. Sec.
60.483-1 and 60.483-2.
(2) A valve that begins operation in gas/vapor service or light
liquid service after the initial startup date for the process unit must
be monitored according to paragraphs (a)(2)(i) or (ii), except for a
valve that replaces a leaking valve and except as provided in
paragraphs (f), (g), and (h) of this section, Sec. 60.482-1(c), and
Sec. Sec. 60.483-1 and 60.483-2.
(i) Monitor the valve as in paragraph (a)(1) of this section. The
valve must be
[[Page 64882]]
monitored for the first time within 30 days after the end of its
startup period to ensure proper installation.
(ii) If the valves on the process unit are monitored in accordance
with Sec. 60.483-1 or Sec. 60.483-2, count the new valve as leaking
when calculating the percentage of valves leaking as described in Sec.
60.483-2(b)(5). If less than 2.0 percent of the valves are leaking for
that process unit, the valve must be monitored for the first time
during the next scheduled monitoring event for existing valves in the
process unit or within 90 days, whichever comes first.
* * * * *
(c)(1)(i) Any valve for which a leak is not detected for 2
successive months may be monitored the first month of every quarter,
beginning with the next quarter, until a leak is detected.
(ii) As an alternative to monitoring all of the valves in the first
month of a quarter, an owner or operator may elect to subdivide the
process unit into 2 or 3 subgroups of valves and monitor each subgroup
in a different month during the quarter, provided each subgroup is
monitored every 3 months. The owner or operator must keep records of
the valves assigned to each subgroup.
* * * * *
0
12. Section 60.482-8 is amended by revising paragraphs (a)(2) and (d)
to read as follows:
Sec. 60.482-8 Standards: Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and
connectors.
(a) * * *
(2) The owner or operator shall eliminate the visual, audible,
olfactory, or other indication of a potential leak within 5 calendar
days of detection.
* * * * *
(d) First attempts at repair include, but are not limited to, the
best practices described under Sec. Sec. 60.482-2(c)(2) and 60.482-
7(e).
0
13. Section 60.482-9 is amended by revising paragraph (a) and adding
paragraph (f) to read as follows:
Sec. 60.482-9 Standards: Delay of repair.
(a) Delay of repair of equipment for which leaks have been detected
will be allowed if repair within 15 days is technically infeasible
without a process unit shutdown. Repair of this equipment shall occur
before the end of the next process unit shutdown. Monitoring to verify
repair must occur within 15 days after startup of the process unit.
* * * * *
(f) When delay of repair is allowed for a leaking pump or valve
that remains in service, the pump or valve may be considered to be
repaired and no longer subject to delay of repair requirements if two
consecutive monthly monitoring instrument readings are below the leak
definition.
0
14. Section 60.483-1 is amended by revising paragraph (d) to read as
follows:
Sec. 60.483-1 Alternative standards for valves--allowable percentage
of valves leaking.
* * * * *
(d) Owners and operators who elect to comply with this alternative
standard shall not have an affected facility with a leak percentage
greater than 2.0 percent, determined as described in Sec. 60.485(h).
0
15. Section 60.483-2 is amended by revising paragraph (b)(5) and adding
paragraph (b)(7) to read as follows:
Sec. 60.483-2 Alternative standards for valves--skip period leak
detection and repair.
* * * * *
(b) * * *
(5) The percent of valves leaking shall be determined as described
in Sec. 60.485(h).
* * * * *
(7) A valve that begins operation in gas/vapor service or light
liquid service after the initial startup date for a process unit
following one of the alternative standards in this section must be
monitored in accordance with Sec. 60.482-7(a)(2)(i) or (ii) before the
provisions of this section can be applied to that valve.
0
16. Section 60.484 is amended by:
0
a. Removing the word ``equivalance'' and adding in its place the word
``equivalence'' in paragraph (a); and
0
b. Revising paragraph (b)(2) to read as follows:
Sec. 60.484 Equivalence of means of emission limitation.
* * * * *
(b) * * *
(2) The Administrator will compare test data for demonstrating
equivalence of the means of emission limitation to test data for the
equipment, design, and operational requirements.
* * * * *
0
17. Section 60.485 is amended by:
0
a. Revising paragraph (b) introductory text;
0
b. Revising paragraphs (e) introductory text, (e)(1) and (e)(2);
0
c. Revising paragraphs (g)(4) and (5); and
0
d. Adding paragraph (h) to read as follows:
Sec. 60.485 Test methods and procedures.
* * * * *
(b) The owner or operator shall determine compliance with the
standards in Sec. Sec. 60.482-1 through 60.482-10, 60.483, and 60.484
as follows:
* * * * *
(e) The owner or operator shall demonstrate that a piece of
equipment is in light liquid service by showing that all the following
conditions apply:
(1) The vapor pressure of one or more of the organic components is
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68
[deg]F). Standard reference texts or ASTM D2879-83, 96, or 97
(incorporated by reference--see Sec. 60.17) shall be used to determine
the vapor pressures.
(2) The total concentration of the pure organic components having a
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in.
H2O at 68 [deg]F) is equal to or greater than 20 percent by
weight.
* * * * *
(g) * * *
(4) The net heating value (HT) of the gas being
combusted in a flare shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16NO07.039
Where:
K = Conversion constant, 1.740 x 10-\7\ (g-mole)(MJ)/
(ppm-scm-kcal) (metric units) = 4.674 x 10-\6\ [(g-
mole)(Btu)/(ppm-scf-kcal)] (English units)
Ci = Concentration of sample component ``i,'' ppm
Hi = Net heat of combustion of sample component ``i'' at
25 [deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole
(5) Method 18 or ASTM D6420-99 (2004) (where the target compound(s)
are those listed in Section 1.1 of ASTM D6420-99, and the target
concentration is between 150 parts per billion by volume and 100 parts
per million by volume) and ASTM D2504-67, 77 or 88 (Reapproved 1993)
(incorporated by reference--see Sec. 60.17) shall be used to determine
the concentration of sample component ``i.''
* * * * *
(h) The owner or operator shall determine compliance with Sec.
60.483-1 or Sec. 60.483-2 as follows:
(1) The percent of valves leaking shall be determined using the
following equation:
%VL = (VL/VT) * 100
Where:
%VL = Percent leaking valves
VL = Number of valves found leaking
VT = The sum of the total number of valves monitored
(2) The total number of valves monitored shall include difficult-
to-monitor and unsafe-to-monitor valves
[[Page 64883]]
only during the monitoring period in which those valves are monitored.
(3) The number of valves leaking shall include valves for which
repair has been delayed.
(4) Any new valve that is not monitored within 30 days of being
placed in service shall be included in the number of valves leaking and
the total number of valves monitored for the monitoring period in which
the valve is placed in service.
(5) If the process unit has been subdivided in accordance with
Sec. 60.482-7(c)(1)(ii), the sum of valves found leaking during a
monitoring period includes all subgroups.
(6) The total number of valves monitored does not include a valve
monitored to verify repair.
0
18. Section 60.486 is amended by revising paragraph (e)(2)(ii) and
adding paragraph (e)(6) to read as follows:
Sec. 60.486 Recordkeeping requirements.
* * * * *
(e) * * *
(2) * * *
(ii) The designation of equipment as subject to the requirements of
Sec. 60.482-2(e), Sec. 60.482-3(i), or Sec. 60.482-7(f) shall be
signed by the owner or operator. Alternatively, the owner or operator
may establish a mechanism with their permitting authority that
satisfies this requirement.
* * * * *
(6) A list of identification numbers for equipment that the owner
or operator designates as operating in VOC service less than 300 hr/yr
in accordance with Sec. 60.482-1(e), a description of the conditions
under which the equipment is in VOC service, and rationale supporting
the designation that it is in VOC service less than 300 hr/yr.
* * * * *
0
19. Section 60.487 is amended by:
0
a. Revising paragraphs (c)(2)(i), (c)(2)(iii), and (c)(2)(iv) to read
as follows:
Sec. 60.487 Reporting requirements.
* * * * *
(c) * * *
(2) * * *
(i) Number of valves for which leaks were detected as described in
Sec. 60.482-7(b) or Sec. 60.483-2,
* * * * *
(iii) Number of pumps for which leaks were detected as described in
Sec. 60.482-2(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii),
(iv) Number of pumps for which leaks were not repaired as required
in Sec. 60.482-2(c)(1) and (d)(6),
* * * * *
0
20. Part 60 is amended by adding subpart VVa to read as follows:
Subpart VVa--Standards of Performance for Equipment Leaks of VOC in
the Synthetic Organic Chemicals Manufacturing Industry for Which
Construction, Reconstruction, or Modification Commenced After
November 7, 2006
Sec.
60.480a Applicability and designation of affected facility.
60.481a Definitions.
60.482-1a Standards: General.
60.482-2a Standards: Pumps in light liquid service.
60.482-3a Standards: Compressors.
60.482-4a Standards: Pressure relief devices in gas/vapor service.
60.482-5a Standards: Sampling connection systems.
60.482-6a Standards: Open-ended valves or lines.
60.482-7a Standards: Valves in gas/vapor service and in light liquid
service.
60.482-8a Standards: Pumps, valves, and connectors in heavy liquid
service and pressure relief devices in light liquid or heavy liquid
service.
60.482-9a Standards: Delay of repair.
60.482-10a Standards: Closed vent systems and control devices.
60.482-11a Standards: Connectors in gas/vapor service and in light
liquid service.
60.483-1a Alternative standards for valves--allowable percentage of
valves leaking.
60.483-2a Alternative standards for valves--skip period leak
detection and repair.
60.484a Equivalence of means of emission limitation.
60.485a Test methods and procedures.
60.486a Recordkeeping requirements.
60.487a Reporting requirements.
60.488a Reconstruction.
60.489a List of chemicals produced by affected facilities.
Sec. 60.480a Applicability and designation of affected facility.
(a)(1) The provisions of this subpart apply to affected facilities
in the synthetic organic chemicals manufacturing industry.
(2) The group of all equipment (defined in Sec. 60.481a) within a
process unit is an affected facility.
(b) Any affected facility under paragraph (a) of this section that
commences construction, reconstruction, or modification after November
7, 2006, shall be subject to the requirements of this subpart.
(c) Addition or replacement of equipment for the purpose of process
improvement which is accomplished without a capital expenditure shall
not by itself be considered a modification under this subpart.
(d)(1) If an owner or operator applies for one or more of the
exemptions in this paragraph, then the owner or operator shall maintain
records as required in Sec. 60.486a(i).
(2) Any affected facility that has the design capacity to produce
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec.
60.489 is exempt from Sec. Sec. 60.482-1a through 60.482-11a.
(3) If an affected facility produces heavy liquid chemicals only
from heavy liquid feed or raw materials, then it is exempt from
Sec. Sec. 60.482-1a through 60.482-11a.
(4) Any affected facility that produces beverage alcohol is exempt
from Sec. Sec. 60.482-1a through 60.482-11a.
(5) Any affected facility that has no equipment in volatile organic
compounds (VOC) service is exempt from Sec. Sec. 60.482-1a through
60.482-11a.
(e) Alternative means of compliance--(1) Option to comply with part
65. (i) Owners or operators may choose to comply with the provisions of
40 CFR part 65, subpart F, to satisfy the requirements of Sec. Sec.
60.482-1a through 60.487a for an affected facility. When choosing to
comply with 40 CFR part 65, subpart F, the requirements of Sec. Sec.
60.485a(d), (e), and (f), and 60.486a(i) and (j) still apply. Other
provisions applying to an owner or operator who chooses to comply with
40 CFR part 65 are provided in 40 CFR 65.1.
(ii) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart F must also comply with Sec. Sec. 60.1,
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that
equipment. All sections and paragraphs of subpart A of this part that
are not mentioned in this paragraph (e)(1)(ii) do not apply to owners
or operators of equipment subject to this subpart complying with 40 CFR
part 65, subpart F, except that provisions required to be met prior to
implementing 40 CFR part 65 still apply. Owners and operators who
choose to comply with 40 CFR part 65, subpart F, must comply with 40
CFR part 65, subpart A.
(2) Part 63, subpart H. (i) Owners or operators may choose to
comply with the provisions of 40 CFR part 63, subpart H, to satisfy the
requirements of Sec. Sec. 60.482-1a through 60.487a for an affected
facility. When choosing to comply with 40 CFR part 63, subpart H, the
requirements of Sec. 60.485a(d), (e), and (f), and Sec. 60.486a(i)
and (j) still apply.
(ii) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 63, subpart H must also comply with Sec. Sec. 60.1,
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that
equipment. All sections and paragraphs of subpart A of this part that
are not mentioned in this paragraph (e)(2)(ii) do not apply to owners
or operators of equipment subject to this
[[Page 64884]]
subpart complying with 40 CFR part 63, subpart H, except that
provisions required to be met prior to implementing 40 CFR part 63
still apply. Owners and operators who choose to comply with 40 CFR part
63, subpart H, must comply with 40 CFR part 63, subpart A.
Sec. 60.481a Definitions.
As used in this subpart, all terms not defined herein shall have
the meaning given them in the Clean Air Act (CAA) or in subpart A of
part 60, and the following terms shall have the specific meanings given
them.
Capital expenditure means, in addition to the definition in 40 CFR
60.2, an expenditure for a physical or operational change to an
existing facility that:
(a) Exceeds P, the product of the facility's replacement cost, R,
and an adjusted annual asset guideline repair allowance, A, as
reflected by the following equation: P = R x A, where:
(1) The adjusted annual asset guideline repair allowance, A, is the
product of the percent of the replacement cost, Y, and the applicable
basic annual asset guideline repair allowance, B, divided by 100 as
reflected by the following equation:
A = Y x (B / 100);
(2) The percent Y is determined from the following equation: Y =
1.0 - 0.575 log X, where X is 2006 minus the year of construction; and
(3) The applicable basic annual asset guideline repair allowance,
B, is selected from the following table consistent with the applicable
subpart:
Table for Determining Applicable Value for B
------------------------------------------------------------------------
Value of B to
Subpart applicable to facility be used in
equation
------------------------------------------------------------------------
VVa..................................................... 12.5
GGGa.................................................... 7.0
------------------------------------------------------------------------
Closed-loop system means an enclosed system that returns process
fluid to the process.
Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers for purged
liquids must be covered or closed when not being filled or emptied.
Closed vent system means a system that is not open to the
atmosphere and that is composed of hard-piping, ductwork, connections,
and, if necessary, flow-inducing devices that transport gas or vapor
from a piece or pieces of equipment to a control device or back to a
process.
Connector means flanged, screwed, or other joined fittings used to
connect two pipe lines or a pipe line and a piece of process equipment
or that close an opening in a pipe that could be connected to another
pipe. Joined fittings welded completely around the circumference of the
interface are not considered connectors for the purpose of this
regulation.
Control device means an enclosed combustion device, vapor recovery
system, or flare.
Distance piece means an open or enclosed casing through which the
piston rod travels, separating the compressor cylinder from the
crankcase.
Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the
two block valves.
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Equipment means each pump, compressor, pressure relief device,
sampling connection system, open-ended valve or line, valve, and flange
or other connector in VOC service and any devices or systems required
by this subpart.
First attempt at repair means to take action for the purpose of
stopping or reducing leakage of organic material to the atmosphere
using best practices.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in-process combustion equipment, such as furnaces and gas turbines,
either singly or in combination.
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgment and standards such as ASME
B31.3, Process Piping (available from the American Society of
Mechanical Engineers, P.O. Box 2300, Fairfield, NJ 07007-2300).
In gas/vapor service means that the piece of equipment contains
process fluid that is in the gaseous state at operating conditions.
In heavy liquid service means that the piece of equipment is not in
gas/vapor service or in light liquid service.
In light liquid service means that the piece of equipment contains
a liquid that meets the conditions specified in Sec. 60.485a(e).
In-situ sampling systems means nonextractive samplers or in-line
samplers.
In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals (kPa) (0.7 psia) below ambient
pressure.
In VOC service means that the piece of equipment contains or
contacts a process fluid that is at least 10 percent VOC by weight.
(The provisions of Sec. 60.485a(d) specify how to determine that a
piece of equipment is not in VOC service.)
Initial calibration value means the concentration measured during
the initial calibration at the beginning of each day required in Sec.
60.485a(b)(1), or the most recent calibration if the instrument is
recalibrated during the day (i.e., the calibration is adjusted) after a
calibration drift assessment.
Liquids dripping means any visible leakage from the seal including
spraying, misting, clouding, and ice formation.
Open-ended valve or line means any valve, except safety relief
valves, having one side of the valve seat in contact with process fluid
and one side open to the atmosphere, either directly or through open
piping.
Pressure release means the emission of materials resulting from
system pressure being greater than set pressure of the pressure relief
device.
Process improvement means routine changes made for safety and
occupational health requirements, for energy savings, for better
utility, for ease of maintenance and operation, for correction of
design deficiencies, for bottleneck removal, for changing product
requirements, or for environmental control.
Process unit means the components assembled and connected by pipes
or ducts to process raw materials and to produce, as intermediate or
final products, one or more of the chemicals listed in Sec. 60.489. A
process unit can operate independently if supplied with sufficient feed
or raw materials and sufficient storage facilities for the product. For
the purpose of this subpart, process unit includes any feed,
intermediate and final product storage vessels (except as specified in
Sec. 60.482-1a(g)), product transfer racks, and connected ducts and
piping. A process unit includes all equipment as defined in this
subpart.
Process unit shutdown means a work practice or operational
procedure that stops production from a process unit or part of a
process unit during which it is technically feasible to clear process
[[Page 64885]]
material from a process unit or part of a process unit consistent with
safety constraints and during which repairs can be accomplished. The
following are not considered process unit shutdowns:
(1) An unscheduled work practice or operational procedure that
stops production from a process unit or part of a process unit for less
than 24 hours.
(2) An unscheduled work practice or operational procedure that
would stop production from a process unit or part of a process unit for
a shorter period of time than would be required to clear the process
unit or part of the process unit of materials and start up the unit,
and would result in greater emissions than delay of repair of leaking
components until the next scheduled process unit shutdown.
(3) The use of spare equipment and technically feasible bypassing
of equipment without stopping production.
Quarter means a 3-month period; the first quarter concludes on the
last day of the last full month during the 180 days following initial
startup.
Repaired means that equipment is adjusted, or otherwise altered, in
order to eliminate a leak as defined in the applicable sections of this
subpart and, except for leaks identified in accordance with Sec. Sec.
60.482-2a(b)(2)(ii) and (d)(6)(ii) and (d)(6)(iii), 60.482-3a(f), and
60.482-10a(f)(1)(ii), is re-monitored as specified in Sec. 60.485a(b)
to verify that emissions from the equipment are below the applicable
leak definition.
Replacement cost means the capital needed to purchase all the
depreciable components in a facility.
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take nonroutine grab
samples is not considered a sampling connection system.
Sensor means a device that measures a physical quantity or the
change in a physical quantity such as temperature, pressure, flow rate,
pH, or liquid level.
Storage vessel means a tank or other vessel that is used to store
organic liquids that are used in the process as raw material
feedstocks, produced as intermediates or final products, or generated
as wastes. Storage vessel does not include vessels permanently attached
to motor vehicles, such as trucks, railcars, barges or ships.
Synthetic organic chemicals manufacturing industry means the
industry that produces, as intermediates or final products, one or more
of the chemicals listed in Sec. 60.489.
Transfer rack means the collection of loading arms and loading
hoses, at a single loading rack, that are used to fill tank trucks and/
or railcars with organic liquids.
Volatile organic compounds or VOC means, for the purposes of this
subpart, any reactive organic compounds as defined in Sec. 60.2
Definitions.
Sec. 60.482-1a Standards: General.
(a) Each owner or operator subject to the provisions of this
subpart shall demonstrate compliance with the requirements of
Sec. Sec. 60.482-1a through 60.482-10a or Sec. 60.480a(e) for all
equipment within 180 days of initial startup.
(b) Compliance with Sec. Sec. 60.482-1a to 60.482-10a will be
determined by review of records and reports, review of performance test
results, and inspection using the methods and procedures specified in
Sec. 60.485a.
(c)(1) An owner or operator may request a determination of
equivalence of a means of emission limitation to the requirements of
Sec. Sec. 60.482-2a, 60.482-3a, 60.482-5a, 60.482-6a, 60.482-7a,
60.482-8a, and 60.482-10a as provided in Sec. 60.484a.
(2) If the Administrator makes a determination that a means of
emission limitation is at least equivalent to the requirements of
Sec. Sec. 60.482-2a, 60.482-3a, 60.482-5a, 60.482-6a, 60.482-7a,
60.482-8a, or 60.482-10a, an owner or operator shall comply with the
requirements of that determination.
(d) Equipment that is in vacuum service is excluded from the
requirements of Sec. Sec. 60.482-2a through 60.482-10a if it is
identified as required in Sec. 60.486a(e)(5).
(e) Equipment that an owner or operator designates as being in VOC
service less than 300 hr/yr is excluded from the requirements of
Sec. Sec. 60.482-2a through 60.482-11a if it is identified as required
in Sec. 60.486a(e)(6) and it meets any of the conditions specified in
paragraphs (e)(1) through (3) of this section.
(1) The equipment is in VOC service only during startup and
shutdown, excluding startup and shutdown between batches of the same
campaign for a batch process.
(2) The equipment is in VOC service only during process
malfunctions or other emergencies.
(3) The equipment is backup equipment that is in VOC service only
when the primary equipment is out of service.
(f)(1) If a dedicated batch process unit operates less than 365
days during a year, an owner or operator may monitor to detect leaks
from pumps, valves, and open-ended valves or lines at the frequency
specified in the following table instead of monitoring as specified in
Sec. Sec. 60.482-2a, 60.482-7a, and 60.483.2a:
----------------------------------------------------------------------------------------------------------------
Equivalent monitoring frequency time in use
Operating time (percent of hours --------------------------------------------------------------------------
during year) Monthly Quarterly Semiannually
----------------------------------------------------------------------------------------------------------------
0 to < 25............................. Quarterly.............. Annually............... Annually.
25 to < 50............................ Quarterly.............. Semiannually........... Annually.
50 to < 75............................ Bimonthly.............. Three quarters......... Semiannually.
75 to 100............................ Monthly................ Quarterly.............. Semiannually.
----------------------------------------------------------------------------------------------------------------
(2) Pumps and valves that are shared among two or more batch
process units that are subject to this subpart may be monitored at the
frequencies specified in paragraph (f)(1) of this section, provided the
operating time of all such process units is considered.
(3) The monitoring frequencies specified in paragraph (f)(1) of
this section are not requirements for monitoring at specific intervals
and can be adjusted to accommodate process operations. An owner or
operator may monitor at any time during the specified monitoring period
(e.g., month, quarter, year), provided the monitoring is conducted at a
reasonable interval after completion of the last monitoring campaign.
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv)
of this section.
(i) When monitoring is conducted quarterly, monitoring events must
be separated by at least 30 calendar days.
(ii) When monitoring is conducted semiannually (i.e., once every 2
quarters), monitoring events must be separated by at least 60 calendar
days.
(iii) When monitoring is conducted in 3 quarters per year,
monitoring events
[[Page 64886]]
must be separated by at least 90 calendar days.
(iv) When monitoring is conducted annually, monitoring events must
be separated by at least 120 calendar days.
(g) If the storage vessel is shared with multiple process units,
the process unit with the greatest annual amount of stored materials
(predominant use) is the process unit the storage vessel is assigned
to. If the storage vessel is shared equally among process units, and
one of the process units has equipment subject to this subpart, the
storage vessel is assigned to that process unit. If the storage vessel
is shared equally among process units, none of which have equipment
subject to this subpart of this part, the storage vessel is assigned to
any process unit subject to subpart VV of this part. If the predominant
use of the storage vessel varies from year to year, then the owner or
operator must estimate the predominant use initially and reassess every
3 years. The owner or operator must keep records of the information and
supporting calculations that show how predominant use is determined.
All equipment on the storage vessel must be monitored when in VOC
service.
Sec. 60.482-2a Standards: Pumps in light liquid service.
(a)(1) Each pump in light liquid service shall be monitored monthly
to detect leaks by the methods specified in Sec. 60.485a(b), except as
provided in Sec. 60.482-1a(c) and (f) and paragraphs (d), (e), and (f)
of this section. A pump that begins operation in light liquid service
after the initial startup date for the process unit must be monitored
for the first time within 30 days after the end of its startup period,
except for a pump that replaces a leaking pump and except as provided
in Sec. 60.482-1a(c) and paragraphs (d), (e), and (f) of this section.
(2) Each pump in light liquid service shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal, except as provided in Sec. 60.482-1a(f).
(b)(1) The instrument reading that defines a leak is specified in
paragraphs (b)(1)(i) and (ii) of this section.
(i) 5,000 parts per million (ppm) or greater for pumps handling
polymerizing monomers;
(ii) 2,000 ppm or greater for all other pumps.
(2) If there are indications of liquids dripping from the pump
seal, the owner or operator shall follow the procedure specified in
either paragraph (b)(2)(i) or (ii) of this section. This requirement
does not apply to a pump that was monitored after a previous weekly
inspection and the instrument reading was less than the concentration
specified in paragraph (b)(1)(i) or (ii) of this section, whichever is
applicable.
(i) Monitor the pump within 5 days as specified in Sec.
60.485a(b). A leak is detected if the instrument reading measured
during monitoring indicates a leak as specified in paragraph (b)(1)(i)
or (ii) of this section, whichever is applicable. The leak shall be
repaired using the procedures in paragraph (c) of this section.
(ii) Designate the visual indications of liquids dripping as a
leak, and repair the leak using either the procedures in paragraph (c)
of this section or by eliminating the visual indications of liquids
dripping.
(c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 60.482-9a.
(2) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected. First attempts at repair
include, but are not limited to, the practices described in paragraphs
(c)(2)(i) and (ii) of this section, where practicable.
(i) Tightening the packing gland nuts;
(ii) Ensuring that the seal flush is operating at design pressure
and temperature.
(d) Each pump equipped with a dual mechanical seal system that
includes a barrier fluid system is exempt from the requirements of
paragraph (a) of this section, provided the requirements specified in
paragraphs (d)(1) through (6) of this section are met.
(1) Each dual mechanical seal system is:
(i) Operated with the barrier fluid at a pressure that is at all
times greater than the pump stuffing box pressure; or
(ii) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of Sec.
60.482-10a; or
(iii) Equipped with a system that purges the barrier fluid into a
process stream with zero VOC emissions to the atmosphere.
(2) The barrier fluid system is in heavy liquid service or is not
in VOC service.
(3) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(4)(i) Each pump is checked by visual inspection, each calendar
week, for indications of liquids dripping from the pump seals.
(ii) If there are indications of liquids dripping from the pump
seal at the time of the weekly inspection, the owner or operator shall
follow the procedure specified in either paragraph (d)(4)(ii)(A) or (B)
of this section prior to the next required inspection.
(A) Monitor the pump within 5 days as specified in Sec. 60.485a(b)
to determine if there is a leak of VOC in the barrier fluid. If an
instrument reading of 2,000 ppm or greater is measured, a leak is
detected.
(B) Designate the visual indications of liquids dripping as a leak.
(5)(i) Each sensor as described in paragraph (d)(3) is checked
daily or is equipped with an audible alarm.
(ii) The owner or operator determines, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
(iii) If the sensor indicates failure of the seal system, the
barrier fluid system, or both, based on the criterion established in
paragraph (d)(5)(ii) of this section, a leak is detected.
(6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A)
of this section, it shall be repaired as specified in paragraph (c) of
this section.
(ii) A leak detected pursuant to paragraph (d)(5)(iii) of this
section shall be repaired within 15 days of detection by eliminating
the conditions that activated the sensor.
(iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this
section shall be repaired within 15 days of detection by eliminating
visual indications of liquids dripping.
(e) Any pump that is designated, as described in Sec.
60.486a(e)(1) and (2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt
from the requirements of paragraphs (a), (c), and (d) of this section
if the pump:
(1) Has no externally actuated shaft penetrating the pump housing;
(2) Is demonstrated to be operating with no detectable emissions as
indicated by an instrument reading of less than 500 ppm above
background as measured by the methods specified in Sec. 60.485a(c);
and
(3) Is tested for compliance with paragraph (e)(2) of this section
initially upon designation, annually, and at other times requested by
the Administrator.
(f) If any pump is equipped with a closed vent system capable of
capturing and transporting any leakage from the seal or seals to a
process or to a fuel gas system or to a control device that complies
with the requirements of Sec. 60.482-10a, it is exempt from
[[Page 64887]]
paragraphs (a) through (e) of this section.
(g) Any pump that is designated, as described in Sec.
60.486a(f)(1), as an unsafe-to-monitor pump is exempt from the
monitoring and inspection requirements of paragraphs (a) and (d)(4)
through (6) of this section if:
(1) The owner or operator of the pump demonstrates that the pump is
unsafe-to-monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraph (a) of
this section; and
(2) The owner or operator of the pump has a written plan that
requires monitoring of the pump as frequently as practicable during
safe-to-monitor times, but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in paragraph (c) of this section if a leak
is detected.
(h) Any pump that is located within the boundary of an unmanned
plant site is exempt from the weekly visual inspection requirement of
paragraphs (a)(2) and (d)(4) of this section, and the daily
requirements of paragraph (d)(5) of this section, provided that each
pump is visually inspected as often as practicable and at least
monthly.
Sec. 60.482-3a Standards: Compressors.
(a) Each compressor shall be equipped with a seal system that
includes a barrier fluid system and that prevents leakage of VOC to the
atmosphere, except as provided in Sec. 60.482-1a(c) and paragraphs
(h), (i), and (j) of this section.
(b) Each compressor seal system as required in paragraph (a) of
this section shall be:
(1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure; or
(2) Equipped with a barrier fluid system degassing reservoir that
is routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of Sec.
60.482-10a; or
(3) Equipped with a system that purges the barrier fluid into a
process stream with zero VOC emissions to the atmosphere.
(c) The barrier fluid system shall be in heavy liquid service or
shall not be in VOC service.
(d) Each barrier fluid system as described in paragraph (a) shall
be equipped with a sensor that will detect failure of the seal system,
barrier fluid system, or both.
(e)(1) Each sensor as required in paragraph (d) of this section
shall be checked daily or shall be equipped with an audible alarm.
(2) The owner or operator shall determine, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
(f) If the sensor indicates failure of the seal system, the barrier
system, or both based on the criterion determined under paragraph
(e)(2) of this section, a leak is detected.
(g)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 60.482-9a.
(2) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(h) A compressor is exempt from the requirements of paragraphs (a)
and (b) of this section, if it is equipped with a closed vent system to
capture and transport leakage from the compressor drive shaft back to a
process or fuel gas system or to a control device that complies with
the requirements of Sec. 60.482-10a, except as provided in paragraph
(i) of this section.
(i) Any compressor that is designated, as described in Sec.
60.486a(e)(1) and (2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt
from the requirements of paragraphs (a) through (h) of this section if
the compressor:
(1) Is demonstrated to be operating with no detectable emissions,
as indicated by an instrument reading of less than 500 ppm above
background, as measured by the methods specified in Sec. 60.485a(c);
and
(2) Is tested for compliance with paragraph (i)(1) of this section
initially upon designation, annually, and at other times requested by
the Administrator.
(j) Any existing reciprocating compressor in a process unit which
becomes an affected facility under provisions of Sec. 60.14 or Sec.
60.15 is exempt from paragraphs (a) through (e) and (h) of this
section, provided the owner or operator demonstrates that recasting the
distance piece or replacing the compressor are the only options
available to bring the compressor into compliance with the provisions
of paragraphs (a) through (e) and (h) of this section.
Sec. 60.482-4a Standards: Pressure relief devices in gas/vapor
service.
(a) Except during pressure releases, each pressure relief device in
gas/vapor service shall be operated with no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as determined by the methods specified in Sec. 60.485a(c).
(b)(1) After each pressure release, the pressure relief device
shall be returned to a condition of no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as soon as practicable, but no later than 5 calendar days
after the pressure release, except as provided in Sec. 60.482-9a.
(2) No later than 5 calendar days after the pressure release, the
pressure relief device shall be monitored to confirm the conditions of
no detectable emissions, as indicated by an instrument reading of less
than 500 ppm above background, by the methods specified in Sec.
60.485a(c).
(c) Any pressure relief device that is routed to a process or fuel
gas system or equipped with a closed vent system capable of capturing
and transporting leakage through the pressure relief device to a
control device as described in Sec. 60.482-10a is exempted from the
requirements of paragraphs (a) and (b) of this section.
(d)(1) Any pressure relief device that is equipped with a rupture
disk upstream of the pressure relief device is exempt from the
requirements of paragraphs (a) and (b) of this section, provided the
owner or operator complies with the requirements in paragraph (d)(2) of
this section.
(2) After each pressure release, a new rupture disk shall be
installed upstream of the pressure relief device as soon as
practicable, but no later than 5 calendar days after each pressure
release, except as provided in Sec. 60.482-9a.
Sec. 60.482-5a Standards: Sampling connection systems.
(a) Each sampling connection system shall be equipped with a
closed-purge, closed-loop, or closed-vent system, except as provided in
Sec. 60.482-1a(c) and paragraph (c) of this section.
(b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall comply with the
requirements specified in paragraphs (b)(1) through (4) of this
section.
(1) Gases displaced during filling of the sample container are not
required to be collected or captured.
(2) Containers that are part of a closed-purge system must be
covered or closed when not being filled or emptied.
(3) Gases remaining in the tubing or piping between the closed-
purge system valve(s) and sample container valve(s) after the valves
are closed and the sample container is disconnected are not required to
be collected or captured.
[[Page 64888]]
(4) Each closed-purge, closed-loop, or closed-vent system shall be
designed and operated to meet requirements in either paragraph
(b)(4)(i), (ii), (iii), or (iv) of this section.
(i) Return the purged process fluid directly to the process line.
(ii) Collect and recycle the purged process fluid to a process.
(iii) Capture and transport all the purged process fluid to a
control device that complies with the requirements of Sec. 60.482-10a.
(iv) Collect, store, and transport the purged process fluid to any
of the following systems or facilities:
(A) A waste management unit as defined in 40 CFR 63.111, if the
waste management unit is subject to and operated in compliance with the
provisions of 40 CFR part 63, subpart G, applicable to Group 1
wastewater streams;
(B) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266;
(C) A facility permitted, licensed, or registered by a state to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261;
(D) A waste management unit subject to and operated in compliance
with the treatment requirements of 40 CFR 61.348(a), provided all waste
management units that collect, store, or transport the purged process
fluid to the treatment unit are subject to and operated in compliance
with the management requirements of 40 CFR 61.343 through 40 CFR
61.347; or
(E) A device used to burn off-specification used oil for energy
recovery in accordance with 40 CFR part 279, subpart G, provided the
purged process fluid is not hazardous waste as defined in 40 CFR part
261.
(c) In-situ sampling systems and sampling systems without purges
are exempt from the requirements of paragraphs (a) and (b) of this
section.
Sec. 60.482-6a Standards: Open-ended valves or lines.
(a)(1) Each open-ended valve or line shall be equipped with a cap,
blind flange, plug, or a second valve, except as provided in Sec.
60.482-1a(c) and paragraphs (d) and (e) of this section.
(2) The cap, blind flange, plug, or second valve shall seal the
open end at all times except during operations requiring process fluid
flow through the open-ended valve or line.
(b) Each open-ended valve or line equipped with a second valve
shall be operated in a manner such that the valve on the process fluid
end is closed before the second valve is closed.
(c) When a double block-and-bleed system is being used, the bleed
valve or line may remain open during operations that require venting
the line between the block valves but shall comply with paragraph (a)
of this section at all other times.
(d) Open-ended valves or lines in an emergency shutdown system
which are designed to open automatically in the event of a process
upset are exempt from the requirements of paragraphs (a), (b), and (c)
of this section.
(e) Open-ended valves or lines containing materials which would
autocatalytically polymerize or would present an explosion, serious
overpressure, or other safety hazard if capped or equipped with a
double block and bleed system as specified in paragraphs (a) through
(c) of this section are exempt from the requirements of paragraphs (a)
through (c) of this section.
Sec. 60.482-7a Standards: Valves in gas/vapor service and in light
liquid service.
(a)(1) Each valve shall be monitored monthly to detect leaks by the
methods specified in Sec. 60.485a(b) and shall comply with paragraphs
(b) through (e) of this section, except as provided in paragraphs (f),
(g), and (h) of this section, Sec. 60.482-1a(c) and (f), and
Sec. Sec. 60.483-1a and 60.483-2a.
(2) A valve that begins operation in gas/vapor service or light
liquid service after the initial startup date for the process unit must
be monitored according to paragraphs (a)(2)(i) or (ii), except for a
valve that replaces a leaking valve and except as provided in
paragraphs (f), (g), and (h) of this section, Sec. 60.482-1a(c), and
Sec. Sec. 60.483-1a and 60.483-2a.
(i) Monitor the valve as in paragraph (a)(1) of this section. The
valve must be monitored for the first time within 30 days after the end
of its startup period to ensure proper installation.
(ii) If the existing valves in the process unit are monitored in
accordance with Sec. 60.483-1a or Sec. 60.483-2a, count the new valve
as leaking when calculating the percentage of valves leaking as
described in Sec. 60.483-2a(b)(5). If less than 2.0 percent of the
valves are leaking for that process unit, the valve must be monitored
for the first time during the next scheduled monitoring event for
existing valves in the process unit or within 90 days, whichever comes
first.
(b) If an instrument reading of 500 ppm or greater is measured, a
leak is detected.
(c)(1)(i) Any valve for which a leak is not detected for 2
successive months may be monitored the first month of every quarter,
beginning with the next quarter, until a leak is detected.
(ii) As an alternative to monitoring all of the valves in the first
month of a quarter, an owner or operator may elect to subdivide the
process unit into two or three subgroups of valves and monitor each
subgroup in a different month during the quarter, provided each
subgroup is monitored every 3 months. The owner or operator must keep
records of the valves assigned to each subgroup.
(2) If a leak is detected, the valve shall be monitored monthly
until a leak is not detected for 2 successive months.
(d)(1) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after the leak is
detected, except as provided in Sec. 60.482-9a.
(2) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(e) First attempts at repair include, but are not limited to, the
following best practices where practicable:
(1) Tightening of bonnet bolts;
(2) Replacement of bonnet bolts;
(3) Tightening of packing gland nuts;
(4) Injection of lubricant into lubricated packing.
(f) Any valve that is designated, as described in Sec.
60.486a(e)(2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt
from the requirements of paragraph (a) of this section if the valve:
(1) Has no external actuating mechanism in contact with the process
fluid,
(2) Is operated with emissions less than 500 ppm above background
as determined by the method specified in Sec. 60.485a(c), and
(3) Is tested for compliance with paragraph (f)(2) of this section
initially upon designation, annually, and at other times requested by
the Administrator.
(g) Any valve that is designated, as described in Sec.
60.486a(f)(1), as an unsafe-to-monitor valve is exempt from the
requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve demonstrates that the valve
is unsafe to monitor because monitoring personnel would be exposed to
an immediate danger as a consequence of complying with paragraph (a) of
this section, and
(2) The owner or operator of the valve adheres to a written plan
that requires monitoring of the valve as frequently as practicable
during safe-to-monitor times.
(h) Any valve that is designated, as described in Sec.
60.486a(f)(2), as a difficult-to-monitor valve is exempt
[[Page 64889]]
from the requirements of paragraph (a) of this section if:
(1) The owner or operator of the valve demonstrates that the valve
cannot be monitored without elevating the monitoring personnel more
than 2 meters above a support surface.
(2) The process unit within which the valve is located either:
(i) Becomes an affected facility through Sec. 60.14 or Sec. 60.15
and was constructed on or before January 5, 1981; or
(ii) Has less than 3.0 percent of its total number of valves
designated as difficult-to-monitor by the owner or operator.
(3) The owner or operator of the valve follows a written plan that
requires monitoring of the valve at least once per calendar year.
Sec. 60.482-8a Standards: Pumps, valves, and connectors in heavy
liquid service and pressure relief devices in light liquid or heavy
liquid service.
(a) If evidence of a potential leak is found by visual, audible,
olfactory, or any other detection method at pumps, valves, and
connectors in heavy liquid service and pressure relief devices in light
liquid or heavy liquid service, the owner or operator shall follow
either one of the following procedures:
(1) The owner or operator shall monitor the equipment within 5 days
by the method specified in Sec. 60.485a(b) and shall comply with the
requirements of paragraphs (b) through (d) of this section.
(2) The owner or operator shall eliminate the visual, audible,
olfactory, or other indication of a potential leak within 5 calendar
days of detection.
(b) If an instrument reading of 10,000 ppm or greater is measured,
a leak is detected.
(c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 60.482-9a.
(2) The first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(d) First attempts at repair include, but are not limited to, the
best practices described under Sec. Sec. 60.482-2a(c)(2) and 60.482-
7a(e).
Sec. 60.482-9a Standards: Delay of repair.
(a) Delay of repair of equipment for which leaks have been detected
will be allowed if repair within 15 days is technically infeasible
without a process unit shutdown. Repair of this equipment shall occur
before the end of the next process unit shutdown. Monitoring to verify
repair must occur within 15 days after startup of the process unit.
(b) Delay of repair of equipment will be allowed for equipment
which is isolated from the process and which does not remain in VOC
service.
(c) Delay of repair for valves and connectors will be allowed if:
(1) The owner or operator demonstrates that emissions of purged
material resulting from immediate repair are greater than the fugitive
emissions likely to result from delay of repair, and
(2) When repair procedures are effected, the purged material is
collected and destroyed or recovered in a control device complying with
Sec. 60.482-10a.
(d) Delay of repair for pumps will be allowed if:
(1) Repair requires the use of a dual mechanical seal system that
includes a barrier fluid system, and
(2) Repair is completed as soon as practicable, but not later than
6 months after the leak was detected.
(e) Delay of repair beyond a process unit shutdown will be allowed
for a valve, if valve assembly replacement is necessary during the
process unit shutdown, valve assembly supplies have been depleted, and
valve assembly supplies had been sufficiently stocked before the
supplies were depleted. Delay of repair beyond the next process unit
shutdown will not be allowed unless the next process unit shutdown
occurs sooner than 6 months after the first process unit shutdown.
(f) When delay of repair is allowed for a leaking pump, valve, or
connector that remains in service, the pump, valve, or connector may be
considered to be repaired and no longer subject to delay of repair
requirements if two consecutive monthly monitoring instrument readings
are below the leak definition.
Sec. 60.482-10a Standards: Closed vent systems and control devices.
(a) Owners or operators of closed vent systems and control devices
used to comply with provisions of this subpart shall comply with the
provisions of this section.
(b) Vapor recovery systems (for example, condensers and absorbers)
shall be designed and operated to recover the VOC emissions vented to
them with an efficiency of 95 percent or greater, or to an exit
concentration of 20 parts per million by volume (ppmv), whichever is
less stringent.
(c) Enclosed combustion devices shall be designed and operated to
reduce the VOC emissions vented to them with an efficiency of 95
percent or greater, or to an exit concentration of 20 ppmv, on a dry
basis, corrected to 3 percent oxygen, whichever is less stringent or to
provide a minimum residence time of 0.75 seconds at a minimum
temperature of 816 [deg]C.
(d) Flares used to comply with this subpart shall comply with the
requirements of Sec. 60.18.
(e) Owners or operators of control devices used to comply with the
provisions of this subpart shall monitor these control devices to
ensure that they are operated and maintained in conformance with their
designs.
(f) Except as provided in paragraphs (i) through (k) of this
section, each closed vent system shall be inspected according to the
procedures and schedule specified in paragraphs (f)(1) and (2) of this
section.
(1) If the vapor collection system or closed vent system is
constructed of hard-piping, the owner or operator shall comply with the
requirements specified in paragraphs (f)(1)(i) and (ii) of this
section:
(i) Conduct an initial inspection according to the procedures in
Sec. 60.485a(b); and
(ii) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(2) If the vapor collection system or closed vent system is
constructed of ductwork, the owner or operator shall:
(i) Conduct an initial inspection according to the procedures in
Sec. 60.485a(b); and
(ii) Conduct annual inspections according to the procedures in
Sec. 60.485a(b).
(g) Leaks, as indicated by an instrument reading greater than 500
ppmv above background or by visual inspections, shall be repaired as
soon as practicable except as provided in paragraph (h) of this
section.
(1) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected.
(2) Repair shall be completed no later than 15 calendar days after
the leak is detected.
(h) Delay of repair of a closed vent system for which leaks have
been detected is allowed if the repair is technically infeasible
without a process unit shutdown or if the owner or operator determines
that emissions resulting from immediate repair would be greater than
the fugitive emissions likely to result from delay of repair. Repair of
such equipment shall be complete by the end of the next process unit
shutdown.
(i) If a vapor collection system or closed vent system is operated
under a vacuum, it is exempt from the
[[Page 64890]]
inspection requirements of paragraphs (f)(1)(i) and (f)(2) of this
section.
(j) Any parts of the closed vent system that are designated, as
described in paragraph (l)(1) of this section, as unsafe to inspect are
exempt from the inspection requirements of paragraphs (f)(1)(i) and
(f)(2) of this section if they comply with the requirements specified
in paragraphs (j)(1) and (2) of this section:
(1) The owner or operator determines that the equipment is unsafe
to inspect because inspecting personnel would be exposed to an imminent
or potential danger as a consequence of complying with paragraphs
(f)(1)(i) or (f)(2) of this section; and
(2) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practicable during safe-
to-inspect times.
(k) Any parts of the closed vent system that are designated, as
described in paragraph (l)(2) of this section, as difficult to inspect
are exempt from the inspection requirements of paragraphs (f)(1)(i) and
(f)(2) of this section if they comply with the requirements specified
in paragraphs (k)(1) through (3) of this section:
(1) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
above a support surface; and
(2) The process unit within which the closed vent system is located
becomes an affected facility through Sec. Sec. 60.14 or 60.15, or the
owner or operator designates less than 3.0 percent of the total number
of closed vent system equipment as difficult to inspect; and
(3) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years. A closed vent
system is exempt from inspection if it is operated under a vacuum.
(l) The owner or operator shall record the information specified in
paragraphs (l)(1) through (5) of this section.
(1) Identification of all parts of the closed vent system that are
designated as unsafe to inspect, an explanation of why the equipment is
unsafe to inspect, and the plan for inspecting the equipment.
(2) Identification of all parts of the closed vent system that are
designated as difficult to inspect, an explanation of why the equipment
is difficult to inspect, and the plan for inspecting the equipment.
(3) For each inspection during which a leak is detected, a record
of the information specified in Sec. 60.486a(c).
(4) For each inspection conducted in accordance with Sec.
60.485a(b) during which no leaks are detected, a record that the
inspection was performed, the date of the inspection, and a statement
that no leaks were detected.
(5) For each visual inspection conducted in accordance with
paragraph (f)(1)(ii) of this section during which no leaks are
detected, a record that the inspection was performed, the date of the
inspection, and a statement that no leaks were detected.
(m) Closed vent systems and control devices used to comply with
provisions of this subpart shall be operated at all times when
emissions may be vented to them.
Sec. 60.482-11a Standards: Connectors in gas/vapor service and in
light liquid service.
(a) The owner or operator shall initially monitor all connectors in
the process unit for leaks by the later of either 12 months after the
compliance date or 12 months after initial startup. If all connectors
in the process unit have been monitored for leaks prior to the
compliance date, no initial monitoring is required provided either no
process changes have been made since the monitoring or the owner or
operator can determine that the results of the monitoring, with or
without adjustments, reliably demonstrate compliance despite process
changes. If required to monitor because of a process change, the owner
or operator is required to monitor only those connectors involved in
the process change.
(b) Except as allowed in Sec. 60.482-1a(c), Sec. 60.482-10a, or
as specified in paragraph (e) of this section, the owner or operator
shall monitor all connectors in gas and vapor and light liquid service
as specified in paragraphs (a) and (b)(3) of this section.
(1) The connectors shall be monitored to detect leaks by the method
specified in Sec. 60.485a(b) and, as applicable, Sec. 60.485a(c).
(2) If an instrument reading greater than or equal to 500 ppm is
measured, a leak is detected.
(3) The owner or operator shall perform monitoring, subsequent to
the initial monitoring required in paragraph (a) of this section, as
specified in paragraphs (b)(3)(i) through (iii) of this section, and
shall comply with the requirements of paragraphs (b)(3)(iv) and (v) of
this section. The required period in which monitoring must be conducted
shall be determined from paragraphs (b)(3)(i) through (iii) of this
section using the monitoring results from the preceding monitoring
period. The percent leaking connectors shall be calculated as specified
in paragraph (c) of this section.
(i) If the percent leaking connectors in the process unit was
greater than or equal to 0.5 percent, then monitor within 12 months (1
year).
(ii) If the percent leaking connectors in the process unit was
greater than or equal to 0.25 percent but less than 0.5 percent, then
monitor within 4 years. An owner or operator may comply with the
requirements of this paragraph by monitoring at least 40 percent of the
connectors within 2 years of the start of the monitoring period,
provided all connectors have been monitored by the end of the 4-year
monitoring period.
(iii) If the percent leaking connectors in the process unit was
less than 0.25 percent, then monitor as provided in paragraph
(b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or
(b)(3)(iii)(C) of this section, as appropriate.
(A) An owner or operator shall monitor at least 50 percent of the
connectors within 4 years of the start of the monitoring period.
(B) If the percent of leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is
greater than or equal to 0.35 percent of the monitored connectors, the
owner or operator shall monitor as soon as practical, but within the
next 6 months, all connectors that have not yet been monitored during
the monitoring period. At the conclusion of monitoring, a new
monitoring period shall be started pursuant to paragraph (b)(3) of this
section, based on the percent of leaking connectors within the total
monitored connectors.
(C) If the percent of leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is less
than 0.35 percent of the monitored connectors, the owner or operator
shall monitor all connectors that have not yet been monitored within 8
years of the start of the monitoring period.
(iv) If, during the monitoring conducted pursuant to paragraphs
(b)(3)(i) through (iii) of this section, a connector is found to be
leaking, it shall be re-monitored once within 90 days after repair to
confirm that it is not leaking.
(v) The owner or operator shall keep a record of the start date and
end date of each monitoring period under this section for each process
unit.
(c) For use in determining the monitoring frequency, as specified
in paragraphs (a) and (b)(3) of this section, the percent leaking
connectors as used in paragraphs (a) and (b)(3) of this section shall
be calculated by using the following equation:
[[Page 64891]]
%CL = CL / Ct * 100
Where:
%CL = Percent of leaking connectors as determined through
periodic monitoring required in paragraphs (a) and (b)(3)(i) through
(iii) of this section.
CL = Number of connectors measured at 500 ppm or greater,
by the method specified in Sec. 60.485a(b).
Ct = Total number of monitored connectors in the process
unit or affected facility.
(d) When a leak is detected pursuant to paragraphs (a) and (b) of
this section, it shall be repaired as soon as practicable, but not
later than 15 calendar days after it is detected, except as provided in
Sec. 60.482-9a. A first attempt at repair as defined in this subpart
shall be made no later than 5 calendar days after the leak is detected.
(e) Any connector that is designated, as described in Sec.
60.486a(f)(1), as an unsafe-to-monitor connector is exempt from the
requirements of paragraphs (a) and (b) of this section if:
(1) The owner or operator of the connector demonstrates that the
connector is unsafe-to-monitor because monitoring personnel would be
exposed to an immediate danger as a consequence of complying with
paragraphs (a) and (b) of this section; and
(2) The owner or operator of the connector has a written plan that
requires monitoring of the connector as frequently as practicable
during safe-to-monitor times but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in paragraph (d) of this section if a leak
is detected.
(f) Inaccessible, ceramic, or ceramic-lined connectors. (1) Any
connector that is inaccessible or that is ceramic or ceramic-lined
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring
requirements of paragraphs (a) and (b) of this section, from the leak
repair requirements of paragraph (d) of this section, and from the
recordkeeping and reporting requirements of Sec. Sec. 63.1038 and
63.1039. An inaccessible connector is one that meets any of the
provisions specified in paragraphs (f)(1)(i) through (vi) of this
section, as applicable:
(i) Buried;
(ii) Insulated in a manner that prevents access to the connector by
a monitor probe;
(iii) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe;
(iv) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters
(25 feet) above the ground;
(v) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters (7 feet) above a permanent support surface
or would require the erection of scaffold; or
(vi) Not able to be accessed at any time in a safe manner to
perform monitoring. Unsafe access includes, but is not limited to, the
use of a wheeled scissor-lift on unstable or uneven terrain, the use of
a motorized man-lift basket in areas where an ignition potential
exists, or access would require near proximity to hazards such as
electrical lines, or would risk damage to equipment.
(2) If any inaccessible, ceramic, or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the visual, audible, olfactory, or other indications of a leak to the
atmosphere shall be eliminated as soon as practical.
(g) Except for instrumentation systems and inaccessible, ceramic,
or ceramic-lined connectors meeting the provisions of paragraph (f) of
this section, identify the connectors subject to the requirements of
this subpart. Connectors need not be individually identified if all
connectors in a designated area or length of pipe subject to the
provisions of this subpart are identified as a group, and the number of
connectors subject is indicated.
Sec. 60.483-1a Alternative standards for valves--allowable percentage
of valves leaking.
(a) An owner or operator may elect to comply with an allowable
percentage of valves leaking of equal to or less than 2.0 percent.
(b) The following requirements shall be met if an owner or operator
wishes to comply with an allowable percentage of valves leaking:
(1) An owner or operator must notify the Administrator that the
owner or operator has elected to comply with the allowable percentage
of valves leaking before implementing this alternative standard, as
specified in Sec. 60.487a(d).
(2) A performance test as specified in paragraph (c) of this
section shall be conducted initially upon designation, annually, and at
other times requested by the Administrator.
(3) If a valve leak is detected, it shall be repaired in accordance
with Sec. 60.482-7a(d) and (e).
(c) Performance tests shall be conducted in the following manner:
(1) All valves in gas/vapor and light liquid service within the
affected facility shall be monitored within 1 week by the methods
specified in Sec. 60.485a(b).
(2) If an instrument reading of 500 ppm or greater is measured, a
leak is detected.
(3) The leak percentage shall be determined by dividing the number
of valves for which leaks are detected by the number of valves in gas/
vapor and light liquid service within the affected facility.
(d) Owners and operators who elect to comply with this alternative
standard shall not have an affected facility with a leak percentage
greater than 2.0 percent, determined as described in Sec. 60.485a(h).
Sec. 60.483-2a Alternative standards for valves--skip period leak
detection and repair.
(a)(1) An owner or operator may elect to comply with one of the
alternative work practices specified in paragraphs (b)(2) and (3) of
this section.
(2) An owner or operator must notify the Administrator before
implementing one of the alternative work practices, as specified in
Sec. 60.487(d)a.
(b)(1) An owner or operator shall comply initially with the
requirements for valves in gas/vapor service and valves in light liquid
service, as described in Sec. 60.482-7a.
(2) After 2 consecutive quarterly leak detection periods with the
percent of valves leaking equal to or less than 2.0, an owner or
operator may begin to skip 1 of the quarterly leak detection periods
for the valves in gas/vapor and light liquid service.
(3) After 5 consecutive quarterly leak detection periods with the
percent of valves leaking equal to or less than 2.0, an owner or
operator may begin to skip 3 of the quarterly leak detection periods
for the valves in gas/vapor and light liquid service.
(4) If the percent of valves leaking is greater than 2.0, the owner
or operator shall comply with the requirements as described in Sec.
60.482-7a but can again elect to use this section.
(5) The percent of valves leaking shall be determined as described
in Sec. 60.485a(h).
(6) An owner or operator must keep a record of the percent of
valves found leaking during each leak detection period.
(7) A valve that begins operation in gas/vapor service or light
liquid service after the initial startup date for a process unit
following one of the alternative standards in this section must be
monitored in accordance with Sec. 60.482-7a(a)(2)(i) or (ii) before
the provisions of this section can be applied to that valve.
[[Page 64892]]
Sec. 60.484a Equivalence of means of emission limitation.
(a) Each owner or operator subject to the provisions of this
subpart may apply to the Administrator for determination of equivalence
for any means of emission limitation that achieves a reduction in
emissions of VOC at least equivalent to the reduction in emissions of
VOC achieved by the controls required in this subpart.
(b) Determination of equivalence to the equipment, design, and
operational requirements of this subpart will be evaluated by the
following guidelines:
(1) Each owner or operator applying for an equivalence
determination shall be responsible for collecting and verifying test
data to demonstrate equivalence of means of emission limitation.
(2) The Administrator will compare test data for demonstrating
equivalence of the means of emission limitation to test data for the
equipment, design, and operational requirements.
(3) The Administrator may condition the approval of equivalence on
requirements that may be necessary to assure operation and maintenance
to achieve the same emission reduction as the equipment, design, and
operational requirements.
(c) Determination of equivalence to the required work practices in
this subpart will be evaluated by the following guidelines:
(1) Each owner or operator applying for a determination of
equivalence shall be responsible for collecting and verifying test data
to demonstrate equivalence of an equivalent means of emission
limitation.
(2) For each affected facility for which a determination of
equivalence is requested, the emission reduction achieved by the
required work practice shall be demonstrated.
(3) For each affected facility, for which a determination of
equivalence is requested, the emission reduction achieved by the
equivalent means of emission limitation shall be demonstrated.
(4) Each owner or operator applying for a determination of
equivalence shall commit in writing to work practice(s) that provide
for emission reductions equal to or greater than the emission
reductions achieved by the required work practice.
(5) The Administrator will compare the demonstrated emission
reduction for the equivalent means of emission limitation to the
demonstrated emission reduction for the required work practices and
will consider the commitment in paragraph (c)(4) of this section.
(6) The Administrator may condition the approval of equivalence on
requirements that may be necessary to assure operation and maintenance
to achieve the same emission reduction as the required work practice.
(d) An owner or operator may offer a unique approach to demonstrate
the equivalence of any equivalent means of emission limitation.
(e)(1) After a request for determination of equivalence is
received, the Administrator will publish a notice in the Federal
Register and provide the opportunity for public hearing if the
Administrator judges that the request may be approved.
(2) After notice and opportunity for public hearing, the
Administrator will determine the equivalence of a means of emission
limitation and will publish the determination in the Federal Register.
(3) Any equivalent means of emission limitations approved under
this section shall constitute a required work practice, equipment,
design, or operational standard within the meaning of section 111(h)(1)
of the CAA.
(f)(1) Manufacturers of equipment used to control equipment leaks
of VOC may apply to the Administrator for determination of equivalence
for any equivalent means of emission limitation that achieves a
reduction in emissions of VOC achieved by the equipment, design, and
operational requirements of this subpart.
(2) The Administrator will make an equivalence determination
according to the provisions of paragraphs (b), (c), (d), and (e) of
this section.
Sec. 60.485a Test methods and procedures.
(a) In conducting the performance tests required in Sec. 60.8, the
owner or operator shall use as reference methods and procedures the
test methods in appendix A of this part or other methods and procedures
as specified in this section, except as provided in Sec. 60.8(b).
(b) The owner or operator shall determine compliance with the
standards in Sec. Sec. 60.482-1a through 60.482-11a, 60.483a, and
60.484a as follows:
(1) Method 21 shall be used to determine the presence of leaking
sources. The instrument shall be calibrated before use each day of its
use by the procedures specified in Method 21 of appendix A-7 of this
part. The following calibration gases shall be used:
(i) Zero air (less than 10 ppm of hydrocarbon in air); and
(ii) A mixture of methane or n-hexane and air at a concentration no
more than 2,000 ppm greater than the leak definition concentration of
the equipment monitored. If the monitoring instrument's design allows
for multiple calibration scales, then the lower scale shall be
calibrated with a calibration gas that is no higher than 2,000 ppm
above the concentration specified as a leak, and the highest scale
shall be calibrated with a calibration gas that is approximately equal
to 10,000 ppm. If only one scale on an instrument will be used during
monitoring, the owner or operator need not calibrate the scales that
will not be used during that day's monitoring.
(2) A calibration drift assessment shall be performed, at a
minimum, at the end of each monitoring day. Check the instrument using
the same calibration gas(es) that were used to calibrate the instrument
before use. Follow the procedures specified in Method 21 of appendix A-
7 of this part, Section 10.1, except do not adjust the meter readout to
correspond to the calibration gas value. Record the instrument reading
for each scale used as specified in Sec. 60.486a(e)(7). Calculate the
average algebraic difference between the three meter readings and the
most recent calibration value. Divide this algebraic difference by the
initial calibration value and multiply by 100 to express the
calibration drift as a percentage. If any calibration drift assessment
shows a negative drift of more than 10 percent from the initial
calibration value, then all equipment monitored since the last
calibration with instrument readings below the appropriate leak
definition and above the leak definition multiplied by (100 minus the
percent of negative drift/divided by 100) must be re-monitored. If any
calibration drift assessment shows a positive drift of more than 10
percent from the initial calibration value, then, at the owner/
operator's discretion, all equipment since the last calibration with
instrument readings above the appropriate leak definition and below the
leak definition multiplied by (100 plus the percent of positive drift/
divided by 100) may be re-monitored.
(c) The owner or operator shall determine compliance with the no-
detectable-emission standards in Sec. Sec. 60.482-2a(e), 60.482-3a(i),
60.482-4a, 60.482-7a(f), and 60.482-10a(e) as follows:
(1) The requirements of paragraph (b) shall apply.
(2) Method 21 of appendix A-7 of this part shall be used to
determine the background level. All potential leak interfaces shall be
traversed as close to the interface as possible. The arithmetic
difference between the maximum
[[Page 64893]]
concentration indicated by the instrument and the background level is
compared with 500 ppm for determining compliance.
(d) The owner or operator shall test each piece of equipment unless
he demonstrates that a process unit is not in VOC service, i.e., that
the VOC content would never be reasonably expected to exceed 10 percent
by weight. For purposes of this demonstration, the following methods
and procedures shall be used:
(1) Procedures that conform to the general methods in ASTM E260-73,
91, or 96, E168-67, 77, or 92, E169-63, 77, or 93 (incorporated by
reference--see Sec. 60.17) shall be used to determine the percent VOC
content in the process fluid that is contained in or contacts a piece
of equipment.
(2) Organic compounds that are considered by the Administrator to
have negligible photochemical reactivity may be excluded from the total
quantity of organic compounds in determining the VOC content of the
process fluid.
(3) Engineering judgment may be used to estimate the VOC content,
if a piece of equipment had not been shown previously to be in service.
If the Administrator disagrees with the judgment, paragraphs (d)(1) and
(2) of this section shall be used to resolve the disagreement.
(e) The owner or operator shall demonstrate that a piece of
equipment is in light liquid service by showing that all the following
conditions apply:
(1) The vapor pressure of one or more of the organic components is
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68
[deg]F). Standard reference texts or ASTM D2879-83, 96, or 97
(incorporated by reference--see Sec. 60.17) shall be used to determine
the vapor pressures.
(2) The total concentration of the pure organic components having a
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in.
H2O at 68 [deg]F) is equal to or greater than 20 percent by
weight.
(3) The fluid is a liquid at operating conditions.
(f) Samples used in conjunction with paragraphs (d), (e), and (g)
of this section shall be representative of the process fluid that is
contained in or contacts the equipment or the gas being combusted in
the flare.
(g) The owner or operator shall determine compliance with the
standards of flares as follows:
(1) Method 22 of appendix A-7 of this part shall be used to
determine visible emissions.
(2) A thermocouple or any other equivalent device shall be used to
monitor the presence of a pilot flame in the flare.
(3) The maximum permitted velocity for air assisted flares shall be
computed using the following equation:
Vmax = K1 + K2HT
Where:
Vmax = Maximum permitted velocity, m/sec (ft/sec).
HT = Net heating value of the gas being combusted, MJ/scm
(Btu/scf).
K1 = 8.706 m/sec (metric units) = 28.56 ft/sec (English
units).
K2 = 0.7084 m\4\/(MJ-sec) (metric units) = 0.087 ft\4\/
(Btu-sec) (English units).
(4) The net heating value (HT) of the gas being combusted in a
flare shall be computed using the following equation:
[GRAPHIC] [TIFF OMITTED] TR16NO07.038
Where:
K = Conversion constant, 1.740 x 10-\7\ (g-mole)(MJ)/
(ppm-scm-kcal) (metric units) = 4.674 x 10-\6\ [(g-
mole)(Btu)/(ppm-scf-kcal)] (English units).
Ci = Concentration of sample component ``i,'' ppm
Hi = net heat of combustion of sample component ``i'' at
25 [deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole.
(5) Method 18 of appendix A-6 of this part or ASTM D6420-99 (2004)
(where the target compound(s) are those listed in Section 1.1 of ASTM
D6420-99, and the target concentration is between 150 parts per billion
by volume and 100 ppmv) and ASTM D2504-67, 77, or 88 (Reapproved 1993)
(incorporated by reference-see Sec. 60.17) shall be used to determine
the concentration of sample component ``i.''
(6) ASTM D2382-76 or 88 or D4809-95 (incorporated by reference-see
Sec. 60.17) shall be used to determine the net heat of combustion of
component ``i'' if published values are not available or cannot be
calculated.
(7) Method 2, 2A, 2C, or 2D of appendix A-7 of this part, as
appropriate, shall be used to determine the actual exit velocity of a
flare. If needed, the unobstructed (free) cross-sectional area of the
flare tip shall be used.
(h) The owner or operator shall determine compliance with Sec.
60.483-1a or Sec. 60.483-2a as follows:
(1) The percent of valves leaking shall be determined using the
following equation:
%VL = (VL / VT) * 100
Where:
%VL = Percent leaking valves.
VL = Number of valves found leaking.
VT = The sum of the total number of valves monitored.
(2) The total number of valves monitored shall include difficult-
to-monitor and unsafe-to-monitor valves only during the monitoring
period in which those valves are monitored.
(3) The number of valves leaking shall include valves for which
repair has been delayed.
(4) Any new valve that is not monitored within 30 days of being
placed in service shall be included in the number of valves leaking and
the total number of valves monitored for the monitoring period in which
the valve is placed in service.
(5) If the process unit has been subdivided in accordance with
Sec. 60.482-7a(c)(1)(ii), the sum of valves found leaking during a
monitoring period includes all subgroups.
(6) The total number of valves monitored does not include a valve
monitored to verify repair.
Sec. 60.486a Recordkeeping requirements.
(a)(1) Each owner or operator subject to the provisions of this
subpart shall comply with the recordkeeping requirements of this
section.
(2) An owner or operator of more than one affected facility subject
to the provisions of this subpart may comply with the recordkeeping
requirements for these facilities in one recordkeeping system if the
system identifies each record by each facility.
(3) The owner or operator shall record the information specified in
paragraphs (a)(3)(i) through (v) of this section for each monitoring
event required by Sec. Sec. 60.482-2a, 60.482-3a, 60.482-7a, 60.482-
8a, 60.482-11a, and 60.483-2a.
(i) Monitoring instrument identification.
(ii) Operator identification.
(iii) Equipment identification.
(iv) Date of monitoring.
(v) Instrument reading.
(b) When each leak is detected as specified in Sec. Sec. 60.482-
2a, 60.482-3a, 60.482-7a, 60.482-8a, 60.482-11a, and 60.483-2a, the
following requirements apply:
(1) A weatherproof and readily visible identification, marked with
the equipment identification number, shall be attached to the leaking
equipment.
(2) The identification on a valve may be removed after it has been
monitored for 2 successive months as specified in Sec. 60.482-7a(c)
and no leak has been detected during those 2 months.
(3) The identification on a connector may be removed after it has
been monitored as specified in Sec. 60.482-11a(b)(3)(iv) and no leak
has been detected during that monitoring.
(4) The identification on equipment, except on a valve or
connector, may be removed after it has been repaired.
[[Page 64894]]
(c) When each leak is detected as specified in Sec. Sec. 60.482-
2a, 60.482-3a, 60.482-7a, 60.482-8a, 60.482-11a, and 60.483-2a, the
following information shall be recorded in a log and shall be kept for
2 years in a readily accessible location:
(1) The instrument and operator identification numbers and the
equipment identification number, except when indications of liquids
dripping from a pump are designated as a leak.
(2) The date the leak was detected and the dates of each attempt to
repair the leak.
(3) Repair methods applied in each attempt to repair the leak.
(4) Maximum instrument reading measured by Method 21 of appendix A-
7 of this part at the time the leak is successfully repaired or
determined to be nonrepairable, except when a pump is repaired by
eliminating indications of liquids dripping.
(5) ``Repair delayed'' and the reason for the delay if a leak is
not repaired within 15 calendar days after discovery of the leak.
(6) The signature of the owner or operator (or designate) whose
decision it was that repair could not be effected without a process
shutdown.
(7) The expected date of successful repair of the leak if a leak is
not repaired within 15 days.
(8) Dates of process unit shutdowns that occur while the equipment
is unrepaired.
(9) The date of successful repair of the leak.
(d) The following information pertaining to the design requirements
for closed vent systems and control devices described in Sec. 60.482-
10a shall be recorded and kept in a readily accessible location:
(1) Detailed schematics, design specifications, and piping and
instrumentation diagrams.
(2) The dates and descriptions of any changes in the design
specifications.
(3) A description of the parameter or parameters monitored, as
required in Sec. 60.482-10a(e), to ensure that control devices are
operated and maintained in conformance with their design and an
explanation of why that parameter (or parameters) was selected for the
monitoring.
(4) Periods when the closed vent systems and control devices
required in Sec. Sec. 60.482-2a, 60.482-3a, 60.482-4a, and 60.482-5a
are not operated as designed, including periods when a flare pilot
light does not have a flame.
(5) Dates of startups and shutdowns of the closed vent systems and
control devices required in Sec. Sec. 60.482-2a, 60.482-3a, 60.482-4a,
and 60.482-5a.
(e) The following information pertaining to all equipment subject
to the requirements in Sec. Sec. 60.482-1a to 60.482-11a shall be
recorded in a log that is kept in a readily accessible location:
(1) A list of identification numbers for equipment subject to the
requirements of this subpart.
(2)(i) A list of identification numbers for equipment that are
designated for no detectable emissions under the provisions of
Sec. Sec. 60.482-2a(e), 60.482-3a(i), and 60.482-7a(f).
(ii) The designation of equipment as subject to the requirements of
Sec. 60.482-2a(e), Sec. 60.482-3a(i), or Sec. 60.482-7a(f) shall be
signed by the owner or operator. Alternatively, the owner or operator
may establish a mechanism with their permitting authority that
satisfies this requirement.
(3) A list of equipment identification numbers for pressure relief
devices required to comply with Sec. 60.482-4a.
(4)(i) The dates of each compliance test as required in Sec. Sec.
60.482-2a(e), 60.482-3a(i), 60.482-4a, and 60.482-7a(f).
(ii) The background level measured during each compliance test.
(iii) The maximum instrument reading measured at the equipment
during each compliance test.
(5) A list of identification numbers for equipment in vacuum
service.
(6) A list of identification numbers for equipment that the owner
or operator designates as operating in VOC service less than 300 hr/yr
in accordance with Sec. 60.482-1a(e), a description of the conditions
under which the equipment is in VOC service, and rationale supporting
the designation that it is in VOC service less than 300 hr/yr.
(7) The date and results of the weekly visual inspection for
indications of liquids dripping from pumps in light liquid service.
(8) Records of the information specified in paragraphs (e)(8)(i)
through (vi) of this section for monitoring instrument calibrations
conducted according to sections 8.1.2 and 10 of Method 21 of appendix
A-7 of this part and Sec. 60.485a(b).
(i) Date of calibration and initials of operator performing the
calibration.
(ii) Calibration gas cylinder identification, certification date,
and certified concentration.
(iii) Instrument scale(s) used.
(iv) A description of any corrective action taken if the meter
readout could not be adjusted to correspond to the calibration gas
value in accordance with section 10.1 of Method 21 of appendix A-7 of
this part.
(v) Results of each calibration drift assessment required by Sec.
60.485a(b)(2) (i.e., instrument reading for calibration at end of
monitoring day and the calculated percent difference from the initial
calibration value).
(vi) If an owner or operator makes their own calibration gas, a
description of the procedure used.
(9) The connector monitoring schedule for each process unit as
specified in Sec. 60.482-11a(b)(3)(v).
(10) Records of each release from a pressure relief device subject
to Sec. 60.482-4a.
(f) The following information pertaining to all valves subject to
the requirements of Sec. 60.482-7a(g) and (h), all pumps subject to
the requirements of Sec. 60.482-2a(g), and all connectors subject to
the requirements of Sec. 60.482-11a(e) shall be recorded in a log that
is kept in a readily accessible location:
(1) A list of identification numbers for valves, pumps, and
connectors that are designated as unsafe-to-monitor, an explanation for
each valve, pump, or connector stating why the valve, pump, or
connector is unsafe-to-monitor, and the plan for monitoring each valve,
pump, or connector.
(2) A list of identification numbers for valves that are designated
as difficult-to-monitor, an explanation for each valve stating why the
valve is difficult-to-monitor, and the schedule for monitoring each
valve.
(g) The following information shall be recorded for valves
complying with Sec. 60.483-2a:
(1) A schedule of monitoring.
(2) The percent of valves found leaking during each monitoring
period.
(h) The following information shall be recorded in a log that is
kept in a readily accessible location:
(1) Design criterion required in Sec. Sec. 60.482-2a(d)(5) and
60.482-3a(e)(2) and explanation of the design criterion; and
(2) Any changes to this criterion and the reasons for the changes.
(i) The following information shall be recorded in a log that is
kept in a readily accessible location for use in determining exemptions
as provided in Sec. 60.480a(d):
(1) An analysis demonstrating the design capacity of the affected
facility,
(2) A statement listing the feed or raw materials and products from
the affected facilities and an analysis demonstrating whether these
chemicals are heavy liquids or beverage alcohol, and
(3) An analysis demonstrating that equipment is not in VOC service.
(j) Information and data used to demonstrate that a piece of
equipment is not in VOC service shall be recorded
[[Page 64895]]
in a log that is kept in a readily accessible location.
(k) The provisions of Sec. 60.7(b) and (d) do not apply to
affected facilities subject to this subpart.
Sec. 60.487a Reporting requirements.
(a) Each owner or operator subject to the provisions of this
subpart shall submit semiannual reports to the Administrator beginning
6 months after the initial startup date.
(b) The initial semiannual report to the Administrator shall
include the following information:
(1) Process unit identification.
(2) Number of valves subject to the requirements of Sec. 60.482-
7a, excluding those valves designated for no detectable emissions under
the provisions of Sec. 60.482-7a(f).
(3) Number of pumps subject to the requirements of Sec. 60.482-2a,
excluding those pumps designated for no detectable emissions under the
provisions of Sec. 60.482-2a(e) and those pumps complying with Sec.
60.482-2a(f).
(4) Number of compressors subject to the requirements of Sec.
60.482-3a, excluding those compressors designated for no detectable
emissions under the provisions of Sec. 60.482-3a(i) and those
compressors complying with Sec. 60.482-3a(h).
(5) Number of connectors subject to the requirements of Sec.
60.482-11a.
(c) All semiannual reports to the Administrator shall include the
following information, summarized from the information in Sec.
60.486a:
(1) Process unit identification.
(2) For each month during the semiannual reporting period,
(i) Number of valves for which leaks were detected as described in
Sec. 60.482-7a(b) or Sec. 60.483-2a,
(ii) Number of valves for which leaks were not repaired as required
in Sec. 60.482-7a(d)(1),
(iii) Number of pumps for which leaks were detected as described in
Sec. 60.482-2a(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii),
(iv) Number of pumps for which leaks were not repaired as required
in Sec. 60.482-2a(c)(1) and (d)(6),
(v) Number of compressors for which leaks were detected as
described in Sec. 60.482-3a(f),
(vi) Number of compressors for which leaks were not repaired as
required in Sec. 60.482-3a(g)(1),
(vii) Number of connectors for which leaks were detected as
described in Sec. 60.482-11a(b)
(viii) Number of connectors for which leaks were not repaired as
required in Sec. 60.482-11a(d), and
(xi) The facts that explain each delay of repair and, where
appropriate, why a process unit shutdown was technically infeasible.
(3) Dates of process unit shutdowns which occurred within the
semiannual reporting period.
(4) Revisions to items reported according to paragraph (b) of this
section if changes have occurred since the initial report or subsequent
revisions to the initial report.
(d) An owner or operator electing to comply with the provisions of
Sec. Sec. 60.483-1a or 60.483-2a shall notify the Administrator of the
alternative standard selected 90 days before implementing either of the
provisions.
(e) An owner or operator shall report the results of all
performance tests in accordance with Sec. 60.8 of the General
Provisions. The provisions of Sec. 60.8(d) do not apply to affected
facilities subject to the provisions of this subpart except that an
owner or operator must notify the Administrator of the schedule for the
initial performance tests at least 30 days before the initial
performance tests.
(f) The requirements of paragraphs (a) through (c) of this section
remain in force until and unless EPA, in delegating enforcement
authority to a state under section 111(c) of the CAA, approves
reporting requirements or an alternative means of compliance
surveillance adopted by such state. In that event, affected sources
within the state will be relieved of the obligation to comply with the
requirements of paragraphs (a) through (c) of this section, provided
that they comply with the requirements established by the state.
Sec. 60.488a Reconstruction.
For the purposes of this subpart:
(a) The cost of the following frequently replaced components of the
facility shall not be considered in calculating either the ``fixed
capital cost of the new components'' or the ``fixed capital costs that
would be required to construct a comparable new facility'' under Sec.
60.15: Pump seals, nuts and bolts, rupture disks, and packings.
(b) Under Sec. 60.15, the ``fixed capital cost of new components''
includes the fixed capital cost of all depreciable components (except
components specified in Sec. 60.488a(a)) which are or will be replaced
pursuant to all continuous programs of component replacement which are
commenced within any 2-year period following the applicability date for
the appropriate subpart. (See the ``Applicability and designation of
affected facility'' section of the appropriate subpart.) For purposes
of this paragraph, ``commenced'' means that an owner or operator has
undertaken a continuous program of component replacement or that an
owner or operator has entered into a contractual obligation to
undertake and complete, within a reasonable time, a continuous program
of component replacement.
Sec. 60.489a List of chemicals produced by affected facilities.
Process units that produce, as intermediates or final products,
chemicals listed in Sec. 60.489 are covered under this subpart. The
applicability date for process units producing one or more of these
chemicals is November 8, 2006.
Subpart GGG--Standards of Performance for Equipment Leaks of VOC in
Petroleum Refineries for which Construction, Reconstruction, or
Modification Commenced After January 4, 1983, and on or Before
November 7, 2006
0
21. The heading for Subpart GGG is revised as set out above.
0
22. Section 60.590 is amended by revising paragraphs (b) and (d) to
read as follows:
Sec. 60.590 Applicability and designation of affected facility.
* * * * *
(b) Any affected facility under paragraph (a) of this section that
commences construction, reconstruction, or modification after January
4, 1983, and on or before November 7, 2006, is subject to the
requirements of this subpart.
* * * * *
(d) Facilities subject to subpart VV, subpart VVa, or subpart KKK
of this part are excluded from this subpart.
* * * * *
0
23. Section 60.591 is amended by adding a definition of ``Asphalt'' in
alphabetical order and revising the definition of ``Process unit'' to
read as follows:
Sec. 60.591 Definitions.
* * * * *
Asphalt (also known as Bitumen) is a black or dark brown solid or
semi-solid thermo-plastic material possessing waterproofing and
adhesive properties. It is a complex combination of higher molecular
weight organic compounds containing a relatively high proportion of
hydrocarbons having carbon numbers greater than C25 with a high carbon
to hydrogen ratio. It is essentially non-volatile at ambient
temperatures with closed cup flash point of 445 [deg]F (230 [deg]C) or
greater.
* * * * *
[[Page 64896]]
Process unit means the components assembled and connected by pipes
or ducts to process raw materials and to produce intermediate or final
products from petroleum, unfinished petroleum derivatives, or other
intermediates. A process unit can operate independently if supplied
with sufficient feed or raw materials and sufficient storage facilities
for the product. For the purpose of this subpart, process unit includes
any feed, intermediate and final product storage vessels (except as
specified in Sec. 60.482-1(g)), product transfer racks, and connected
ducts and piping. A process unit includes all equipment as defined in
this subpart.
0
24. Section 60.592 is amended by revising paragraph (b) to read as
follows:
Sec. 60.592 Standards.
* * * * *
(b) For a given process unit, an owner or operator may elect to
comply with the requirements of paragraphs (b)(1), (2), or (3) of this
section as an alternative to the requirements in Sec. 60.482-7.
(1) Comply with Sec. 60.483-1.
(2) Comply with Sec. 60.483-2.
(3) Comply with the Phase III provisions in 40 CFR 63.168, except
an owner or operator may elect to follow the provisions in Sec.
60.482-7(f) instead of 40 CFR 63.168 for any valve that is designated
as being leakless.
* * * * *
0
25. Section 60.593 is amended by:
0
a. Revising the first sentence of paragraph (b)(2);
0
b. Revising paragraphs (c) and (d); and
0
c. Adding paragraph (f) to read as follows:
Sec. 60.593 Exceptions.
* * * * *
(b) * * *
(2) Each compressor is presumed not to be in hydrogen service
unless an owner or operator demonstrates that the piece of equipment is
in hydrogen service. * * *
* * * * *
(c) Any existing reciprocating compressor that becomes an affected
facility under provisions of Sec. 60.14 or Sec. 60.15 is exempt from
Sec. 60.482-3(a), (b), (c), (d), (e), and (h) provided the owner or
operator demonstrates that recasting the distance piece or replacing
the compressor are the only options available to bring the compressor
into compliance with the provisions of Sec. 60.482-3(a), (b), (c),
(d), (e), and (h).
(d) An owner or operator may use the following provision in
addition to Sec. 60.485(e): Equipment is in light liquid service if
the percent evaporated is greater than 10 percent at 150 [deg]C as
determined by ASTM Method D86-78, 82, 90, 95, or 96 (incorporated by
reference as specified in Sec. 60.17).
* * * * *
(f) Open-ended valves or lines containing asphalt as defined in
Sec. 60.591 are exempt from the requirements of Sec. 60.482-6(a)
through (c).
0
26. Part 60 is amended by adding subpart GGGa to read as follows:
Subpart GGGa--Standards of Performance for Equipment Leaks of VOC
in Petroleum Refineries for which Construction, Reconstruction, or
Modification Commenced After November 7, 2006
Sec.
60.590a Applicability and designation of affected facility.
60.591a Definitions.
60.592a Standards.
60.593a Exceptions.
Sec. 60.590a Applicability and designation of affected facility.
(a)(1) The provisions of this subpart apply to affected facilities
in petroleum refineries.
(2) A compressor is an affected facility.
(3) The group of all the equipment (defined in Sec. 60.591a)
within a process unit is an affected facility.
(b) Any affected facility under paragraph (a) of this section that
commences construction, reconstruction, or modification after November
7, 2006, is subject to the requirements of this subpart.
(c) Addition or replacement of equipment (defined in Sec. 60.591a)
for the purpose of process improvement which is accomplished without a
capital expenditure shall not by itself be considered a modification
under this subpart.
(d) Facilities subject to subpart VV, subpart VVa, subpart GGG, or
subpart KKK of this part are excluded from this subpart.
Sec. 60.591a Definitions.
As used in this subpart, all terms not defined herein shall have
the meaning given them in the Clean Air Act, in subpart A of part 60,
or in subpart VVa of this part, and the following terms shall have the
specific meanings given them.
Alaskan North Slope means the approximately 69,000 square mile area
extending from the Brooks Range to the Arctic Ocean.
Asphalt (also known as Bitumen) is a black or dark brown solid or
semi-solid thermo-plastic material possessing waterproofing and
adhesive properties. It is a complex combination of higher molecular
weight organic compounds containing a relatively high proportion of
hydrocarbons having carbon numbers greater than C25 with a high carbon
to hydrogen ratio. It is essentially non-volatile at ambient
temperatures with closed cup flash point of 445 [deg] F (230 [deg] C)
or greater.
Equipment means each valve, pump, pressure relief device, sampling
connection system, open-ended valve or line, and flange or other
connector in VOC service. For the purposes of recordkeeping and
reporting only, compressors are considered equipment.
In hydrogen service means that a compressor contains a process
fluid that meets the conditions specified in Sec. 60.593a(b).
In light liquid service means that the piece of equipment contains
a liquid that meets the conditions specified in Sec. 60.593a(c).
Petroleum means the crude oil removed from the earth and the oils
derived from tar sands, shale, and coal.
Petroleum refinery means any facility engaged in producing
gasoline, kerosene, distillate fuel oils, residual fuel oils,
lubricants, or other products through the distillation of petroleum, or
through the redistillation, cracking, or reforming of unfinished
petroleum derivatives.
Process unit means the components assembled and connected by pipes
or ducts to process raw materials and to produce intermediate or final
products from petroleum, unfinished petroleum derivatives, or other
intermediates. A process unit can operate independently if supplied
with sufficient feed or raw materials and sufficient storage facilities
for the product. For the purpose of this subpart, process unit includes
any feed, intermediate and final product storage vessels (except as
specified in Sec. 60.482-1a(g)), product transfer racks, and connected
ducts and piping. A process unit includes all equipment as defined in
this subpart.
Sec. 60.592a Standards.
(a) Each owner or operator subject to the provisions of this
subpart shall comply with the requirements of Sec. Sec. 60.482-1a to
60.482-10a as soon as practicable, but no later than 180 days after
initial startup.
(b) For a given process unit, an owner or operator may elect to
comply with the requirements of paragraphs (b)(1), (2), or (3) of this
section as an alternative to the requirements in Sec. 60.482-7a.
(1) Comply with Sec. 60.483-1a.
(2) Comply with Sec. 60.483-2a.
[[Page 64897]]
(3) Comply with the Phase III provisions in Sec. 63.168, except an
owner or operator may elect to follow the provisions in Sec. 60.482-
7a(f) instead of Sec. 63.168 for any valve that is designated as being
leakless.
(c) An owner or operator may apply to the Administrator for a
determination of equivalency for any means of emission limitation that
achieves a reduction in emissions of VOC at least equivalent to the
reduction in emissions of VOC achieved by the controls required in this
subpart. In doing so, the owner or operator shall comply with
requirements of Sec. 60.484a.
(d) Each owner or operator subject to the provisions of this
subpart shall comply with the provisions of Sec. 60.485a except as
provided in Sec. 60.593a.
(e) Each owner or operator subject to the provisions of this
subpart shall comply with the provisions of Sec. Sec. 60.486a and
60.487a.
Sec. 60.593a Exceptions.
(a) Each owner or operator subject to the provisions of this
subpart may comply with the following exceptions to the provisions of
subpart VVa of this part.
(b)(1) Compressors in hydrogen service are exempt from the
requirements of Sec. 60.592a if an owner or operator demonstrates that
a compressor is in hydrogen service.
(2) Each compressor is presumed not to be in hydrogen service
unless an owner or operator demonstrates that the piece of equipment is
in hydrogen service. For a piece of equipment to be considered in
hydrogen service, it must be determined that the percent hydrogen
content can be reasonably expected always to exceed 50 percent by
volume. For purposes of determining the percent hydrogen content in the
process fluid that is contained in or contacts a compressor, procedures
that conform to the general method described in ASTM E260-73, 91, or
96, E168-67, 77, or 92, or E169-63, 77, or 93 (incorporated by
reference as specified in Sec. 60.17) shall be used.
(3)(i) An owner or operator may use engineering judgment rather
than procedures in paragraph (b)(2) of this section to demonstrate that
the percent content exceeds 50 percent by volume, provided the
engineering judgment demonstrates that the content clearly exceeds 50
percent by volume. When an owner or operator and the Administrator do
not agree on whether a piece of equipment is in hydrogen service,
however, the procedures in paragraph (b)(2) of this section shall be
used to resolve the disagreement.
(ii) If an owner or operator determines that a piece of equipment
is in hydrogen service, the determination can be revised only after
following the procedures in paragraph (b)(2).
(c) Any existing reciprocating compressor that becomes an affected
facility under provisions of Sec. 60.14 or Sec. 60.15 is exempt from
Sec. 60.482-3a(a), (b), (c), (d), (e), and (h) provided the owner or
operator demonstrates that recasting the distance piece or replacing
the compressor are the only options available to bring the compressor
into compliance with the provisions of Sec. 60.482-3a(a), (b), (c),
(d), (e), and (h).
(d) An owner or operator may use the following provision in
addition to Sec. 60.485a(e): Equipment is in light liquid service if
the percent evaporated is greater than 10 percent at 150 [deg]C as
determined by ASTM Method D86-78, 82, 90, 93, 95, or 96 (incorporated
by reference as specified in Sec. 60.17).
(e) Pumps in light liquid service and valves in gas/vapor and light
liquid service within a process unit that is located in the Alaskan
North Slope are exempt from the requirements of Sec. Sec. 60.482-2a
and 60.482-7a.
(f) Open-ended valves or lines containing asphalt as defined in
Sec. 60.591a are exempt from the requirements of Sec. 60.482-6a(a)
through (c).
(g) Connectors in gas/vapor or light liquid service are exempt from
the requirements in Sec. 60.482-11a, provided the owner or operator
complies with Sec. 60.482-8a for all connectors, not just those in
heavy liquid service.
PART 63--[AMENDED]
0
27. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
Subpart A--[Amended]
0
28. Section 63.14 is amended by revising paragraph (b)(28) to read as
follows:
Sec. 63.14 Incorporations by reference.
* * * * *
(b) * * *
(28) ASTM D6420-99 (Reapproved 2004), Standards Test Method for
Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography-Mass Spectometry, IBR approved for Sec. Sec.
60.485(g)(5), 60.485a(g)(5), 63.772(a)(1)(ii), 63.2354(b)(3)(i),
63.2354(b)(3)(ii), 63.2354(b)(3)(ii)(A), and 63.2351(b)(3)(ii)(B).
* * * * *
[FR Doc. E7-21814 Filed 11-15-07; 8:45 am]
BILLING CODE 6560-50-P