[Code of Federal Regulations]
[Title 40, Volume 8]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR61.242-11]

[Page 162-164]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 61_NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS
--Table of Contents
 
   Subpart V_National Emission Standard for Equipment Leaks (Fugitive 
                            Emission Sources)
 
Sec. 61.242-11  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, except as provided in Sec. 61.242-1(c).
    (b) Vapor recovery systems (for example, condensers and absorbers) 
shall be designed and operated to recover the organic vapors vented to 
them with an efficiency of 95 percent or greater, or to an exit 
concentration of 20 parts per million by volume, whichever is less 
stringent.
    (c) Enclosed combustion devices shall be designed and operated to 
reduce the VHAP emissions vented to them with an efficiency of 95 
percent or greater, or to an exit concentration of 20 parts per million 
by volume, on a dry basis, corrected to 3 percent oxygen, whichever is 
less stringent, or to provide a minimum residence time of 0.50 seconds 
at a minimum temperature of 760 [deg]C.

[[Page 163]]

    (d) Flares shall used to comply with this subpart shall comply with 
the requirements of Sec. 60.18.
    (e) Owners or operators of control devices that are used to comply 
with the provisions of this supbart shall monitor these control devices 
to ensure that they are operated and maintained in conformance with 
their design.
    (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 paragraph (f)(1) or (2) of this 
section, as applicable.
    (1) If the vapor collection system or closed vent system is 
constructed of hard-piping, the owner or operator shall comply with the 
following requirements:
    (i) Conduct an initial inspection according to the procedures in 
Sec. 61.245(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. 61.245(b); and
    (ii) Conduct annual inspections according to the procedures in Sec. 
61.245(b).
    (g) Leaks, as indicated by an instrument reading greater than 500 
parts per million by volume 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 inspection requirements of 
paragraphs (f)(1)(i) and (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 (2) 
of this section if they comply with the following requirements:
    (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 paragraph 
(f)(1)(i) or (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 
(2) of this section if they comply with the following requirements:
    (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 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 following information:
    (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.

[[Page 164]]

    (3) For each inspection during which a leak is detected, a record of 
the information specified in Sec. 61.246(c).
    (4) For each inspection conducted in accordance with Sec. 61.245(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.

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984, as amended at 51 
FR 2702, Jan. 21, 1986; 65 FR 62158, Oct. 17, 2000; 65 FR 78282, Dec. 
14, 2000]