[Code of Federal Regulations] [Title 40, Volume 9] [Revised as of January 1, 2007] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR63.160] [Page 349-350] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED) PART 63_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS Subpart H_National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks Sec. 63.160 Applicability and designation of source. Source: 59 FR 19568, Apr. 22, 1994, unless otherwise noted. (a) The provisions of this subpart apply to pumps, compressors, agitators, pressure relief devices, sampling connection systems, open- ended valves or lines, valves, connectors, surge control vessels, bottoms receivers, instrumentation systems, and control devices or closed vent systems required by this subpart that are intended to operate in organic hazardous air pollutant service 300 hours or more during the calendar year within a source subject to the provisions of a specific subpart in 40 CFR part 63 that references this subpart. (b) After the compliance date for a process unit, equipment to which this subpart applies that are also subject to the provisions of: (1) 40 CFR part 60 will be required to comply only with the provisions of this subpart. (2) 40 CFR part 61 will be required to comply only with the provisions of this subpart. (c) If a process unit subject to the provisions of this subpart has equipment to which this subpart does not apply, but which is subject to a standard identified in paragraph (c)(1), (c)(2), or (c)(3) of this section, the owner or operator may elect to apply this subpart to all such equipment in the process unit. If the owner or operator elects this method of compliance, all VOC in such equipment shall be considered, for purposes of applicability and compliance with this subpart, as if it were organic hazardous air pollutant (HAP). Compliance with the provisions of this subpart, in the manner described in this paragraph, shall be deemed to constitute compliance with the standard identified in paragraph (c)(1), (c)(2), or (c)(3) of this section. (1) 40 CFR part 60, subpart VV, GGG, or KKK; (2) 40 CFR part 61, subpart F or J; or (3) 40 CFR part 264, subpart BB or 40 CFR part 265, subpart BB. (2) [Reserved] (d) The provisions in Sec. 63.1(a)(3) of subpart A of this part do not alter the provisions in paragraph (b) of this section. (e) Except as provided in any subpart that references this subpart, lines and equipment not containing process fluids are not subject to the provisions of this subpart. Utilities, and other non-process lines, such as heating and cooling systems which do not combine their materials with those in the processes they serve, are not considered to be part of a process unit. (f) The provisions of this subpart do not apply to research and development facilities or to bench-scale batch processes, regardless of whether the facilities or processes are located at the same plant site as a process subject to the provisions of this subpart. (g) Alternative means of compliance--(1) Option to comply with part 65. Owners or operators of CMPU that are subject to Sec. 63.100 may choose to comply with the provisions of 40 CFR part 65 for all Group 1 and Group 2 process vents, [[Page 350]] Group 1 storage vessels, Group 1 transfer operations, and equipment that are subject to Sec. 63.100, that are part of the CMPU. Other provisions applying to an owner or operator who chooses to comply with 40 CFR part 65 are provided in 40 CFR 65.1. (i) For equipment, 40 CFR part 65 satisfies the requirements of Sec. Sec. 63.102, 63.103, and 63.162 through 63.182. When choosing to comply with 40 CFR part 65, the requirements of Sec. 63.180(d) continue to apply. (ii) For Group 1 and Group 2 process vents, Group 1 storage vessels, and Group 1 transfer operations, comply with Sec. 63.110(i)(1). (2) Part 65, subpart C or F. For owners or operators choosing to comply with 40 CFR part 65, each surge control vessel and bottoms receiver subject to Sec. 63.100 that meets the conditions specified in table 2 or table 3 of this subpart shall meet the requirements for storage vessels in 40 CFR part 65, subpart C; all other equipment subject to Sec. 63.100 shall meet the requirements in 40 CFR part 65, subpart F. (3) Part 63, subpart A. Owners or operators who choose to comply with 40 CFR part 65, subpart C or F, for equipment subject to Sec. 63.100 must also comply with the applicable general provisions of this part 63 listed in table 4 of this subpart. All sections and paragraphs of subpart A of this part that are not mentioned in table 4 of this subpart do not apply to owners or operators of equipment subject to Sec. 63.100 of subpart F complying with 40 CFR part 65, subpart C or 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 C or F, must comply with 40 CFR part 65, subpart A. [59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48176, Sept. 20, 1994; 59 FR 53360, Oct. 24, 1994; 60 FR 18029, Apr. 10, 1995; 61 FR 31439, June 20, 1996; 64 FR 20198, Apr. 26, 1999; 65 FR 78285, Dec. 14, 2000]