75 For the reasons set out in the preamble, parts 60, and 63 of title 40, chapter I, of the Code of Federal Regulations are amended as follows:

PART 60 STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES 1. The authority citation for part 60 continues to read as follows:

Authority: sections 101, 111, 114, 116, and 301 of the Clean Air Act as amended ( 42 U. S. C. 7401, 7411, 7414, 7416,

7601).

* * * * *

Subpart VV [ Amended]

* * * * *

2. Section 60.481 is amended by revising the definition of " closed vent system" to read as follows:

§ 60.481 Definitions.

* * * * *

Closed vent system means a system that is not open to the atmosphere and that is composed of piping, connections,

and, if necessary, flow inducing devices that transport gas or vapor from a piece or pieces of equipment to a control device. If gas or vapor from regulated equipment is routed to a process ( e. g., to a petroleum refinery fuel gas system), the process shall not be considered a closed vent system and is not subject to the closed vent system standards.

* * * * * 76 3. Section 60.482 5 is revised to read as follows:

§ 60.482 5 Standards: Sampling connection systems.

( a) Each sampling connection system shall be equipped with a closed purged, closed loop, or closed vent system,

except as provided in § 60.482 1( c).

( 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 ( b)( 3) of this section:

( 1) Return the purged process fluid directly to the process line; or ( 2) Collect and recycle the purged process fluid to a process; or ( 3) Be designed and operated to capture and transport all the purged process fluid to a control device that complies with the requirements of § 60.482 10.

( c) In situ sampling systems and sampling systems without purges are exempt from the requirements of paragraphs ( a) and ( b) of this section.

* * * * *

4. Section 60.482 10 is amended by revising paragraphs ( f) and ( g) and adding paragraphs ( h) through ( l)

to read as follows: 77 § 60.482 10 Standards: Closed vent systems and control devices.

* * * * *

( 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 ( f)( 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 ( f)( 1)( ii) of this section:

( i) Conduct an initial inspection according to the procedures in § 60.485( 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 § 60.485( b), and ( ii) Conduct annual inspections according to the procedures in § 60.485( 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 78 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 ( f)( 2) of this section.

( j) Any parts of the closed vent system that are designated, as described in paragraph ( k)( 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 ( j)( 2):

( 1) The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel 79 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 ( k)( 3):

( 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 § § 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. 80 ( l) The owner or operator shall record the information specified in paragraphs ( l)( 1) through ( l)( 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 § 60.486( c).

( 4) For each inspection conducted in accordance with § 60.485( 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. 81 * * * * *

Subpart QQQ [ Amended]

* * * * *

5. Section 60.691 is amended by revising the definition of " closed vent system" to read as follows:

§ 60.691 Definitions.

* * * * *

Closed vent system means a system that is not open to the atmosphere and that is composed of piping, connections,

and, if necessary, flow inducing devices that transport gas or vapor from an emission source to a control device. If gas or vapor from regulated equipment are routed to a process ( e. g., to a petroleum refinery fuel gas system), the process shall not be considered a closed vent system and is not subject to the closed vent system standards.

* * * * *

6. Section 60.692 3 is amended by revising paragraph ( d) to read as follows:

§ 60.692 3 Standards: Oil water separators.

* * * * *

( d) Storage vessels, including slop oil tanks and other auxiliary tanks that are subject to the standards in § § 60.112, 60.112a, and 60.112b and associated requirements,

40 CFR part 60 subparts K, Ka, or Kb are not subject to the requirements of this section.

* * * * * 82 7. Section 60.693 2 is amended by revising paragraphs ( a)( 1)( i) and ( a)( 1)( i)( A) as follows:

§ 60.693 2 Alternative standards for oil water separators.

* * * * *

( a) * * *

( 1) * * *

( i) The primary seal shall be a liquid mounted seal or a mechanical shoe seal.

( A) A liquid mounted seal means a foam or liquid filled seal mounted in contact with the liquid between the wall of the separator and the floating roof. A mechanical shoe seal means a metal sheet held vertically against the wall of the separator by springs or weighted levers and is connected by braces to the floating roof. A flexible coated fabric ( envelope) spans the annular space between the metal sheet and the floating roof.

* * * * *

8. Section 60.695 is amended by revising paragraph ( a)( 3) as follows:

§ 60.695 Monitoring of operations.

* * * * *

( a) * * *

( 3) * * *

( i) For a carbon adsorption system that regenerates the carbon bed directly onsite, a monitoring device that continuously indicates and records the volatile organic 83 compound concentration level or reading of organics in the exhaust gases of the control device outlet gas stream or inlet and outlet gas stream shall be used.

( ii) For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device ( e. g., a carbon canister), the concentration level of the organic compounds in the exhaust vent stream from the carbon adsorption system shall be monitored on a regular schedule, and the existing carbon shall be replaced with fresh carbon immediately when carbon breakthrough is indicated. The device shall be monitored on a daily basis or at intervals no greater than 20 percent of the design carbon replacement interval, whichever is greater. As an alternative to conducting this monitoring, an owner or operator may replace the carbon in the carbon adsorption system with fresh carbon at a regular predetermined time interval that is less than the carbon replacement interval that is determined by the maximum design flow rate and organic concentration in the gas stream vented to the carbon adsorption system.

* * * * *

9. Section 60.697 is amended by revising paragraphs ( f)( 3)( i), ( f)( 3)( ii), and ( f)( 3)( x) as follows: 84 § 60.697 Recordkeeping requirements.

* * * * *

( f) * * *

( 3) * * *

( i) Documentation demonstrating that the control device will achieve the required control efficiency during maximum loading conditions shall be kept for the life of the facility. This documentation is to include a general description of the gas streams that enter the control device, including flow and volatile organic compound content under varying liquid level conditions ( dynamic and static)

and manufacturer's design specifications for the control device. If an enclosed combustion device with a minimum residence time of 0.75 seconds and a minimum temperature of 816 oC ( 1,500 oF) is used to meet the 95 percent requirement, documentation that those conditions exist is sufficient to meet the requirements of this paragraph.

( ii) For a carbon adsorption system that does not regenerate the carbon bed directly onsite in the control device such as a carbon canister, the design analysis shall consider the vent stream composition, constituent concentrations, flow rate, relative humidity, and temperature. The design analysis shall also establish the design exhaust vent stream organic compound concentration level, capacity of carbon bed, type and working capacity of activated carbon used for carbon bed, and design carbon 85 replacement interval based on the total carbon working capacity of the control device and source operating schedule.

* * * * *

( x) * * *

( A) Each owner or operator of an affected facility that uses a carbon adsorber which is regenerated directly onsite shall maintain continuous records of the volatile organic compound concentration level or reading of organics of the control device outlet gas stream or inlet and outlet gas stream and records of all 3 hour periods of operation during which the average volatile organic compound concentration level or reading of organics in the exhaust gases, or inlet and outlet gas stream, is more than 20 percent greater than the design exhaust gas concentration level, and shall keep such records for 2 years after the information is recorded.

( B) If a carbon adsorber that is not regenerated directly onsite in the control device is used, then the owner or operator shall maintain records of dates and times when the control device is monitored, when breakthrough is measured, and shall record the date and time that the existing carbon in the control device is replaced with fresh carbon.

* * * * * 86 10. Section 60.698 is amended by revising paragraph ( d)( 3) as follows:

§ 60.698 Reporting requirements.

* * * * *

( d) * * *

( 3) * * *

( i) Each 3 hour period of operation during which the average volatile organic compound concentration level or reading of organics in the exhaust gases from a carbon adsorber which is regenerated directly onsite is more than 20 percent greater than the design exhaust gas concentration level or reading.

( ii) Each occurrence when the carbon in a carbon adsorber system that is not regenerated directly onsite in the control device is not replaced at the predetermined interval specified in § 60.695( a)( 3)( ii).

* * * * *

PART 63 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES 1. The authority citation for part 63 continues to read as follows:

Authority: sections 101, 112, 114, 116, and 301 of the Clean Air Act ( 42 U. S. C. 7401, et seq., as amended by Pub. L. 101 549, 104 Stat. 2399.).

* * * * *

Subpart R [ Amended] 87 * * * * *

2. Section 63.420 is amended by adding the following:

§ 63.420 Applicability.

* * * * *

( i) A bulk gasoline terminal or pipeline breakout station with a Standard Industrial Classification code 2911 located within a contiguous area and under common control with a refinery complying with subpart CC, § § 63.646,

63.648, 63.649, and 63.650 is not subject to subpart R standards, except as specified in subpart CC, § 63.650.

* * * * *

3. Part 63 is amended by adding subpart CC to read as follows:

Subpart CC National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries Sec.

63.640 Applicability and designation of source.

63.641 Definitions.

63.642 General standards.

63.643 Miscellaneous process vents provisions.

63.644 Monitoring provisions for miscellaneous process vents.

63.645 Test methods and procedures for miscellaneous process vents.

63.646 Storage vessel provisions.

63.647 Wastewater provisions. 88 63.648 Equipment leak standards.

63.649 Alternative means of emission limitation:

connectors in gas/ vapor service and light liquid service.

63.650 Gasoline loading rack provisions.

63.651 Marine vessel tank loading operations provisions.

63.652 Emissions averaging provisions.

63.653 Monitoring, recordkeeping, and implementation plan for emissions averaging.

63.654 Reporting and recordkeeping.

63.655 through 63.679 [ Reserved]

§ 63.640 Applicability and designation of affected source.

( a) This subpart applies to petroleum refining process units and to related emission points that are specified in paragraphs ( c)( 5) through ( c)( 7) of this section that are located at a plant site that meet the criteria in paragraphs ( a)( 1) and ( a)( 2) of this section;

( 1) Are located at a plant site that is a major source as defined in section 112( a) of the Clean Air Act; and ( 2) Emit or have equipment containing or contacting one or more of the hazardous air pollutants listed in table 1 of this subpart.

( b) For process units that are designed and operated as flexible operation units, the applicability of this subpart shall be determined for existing sources based on the expected utilization for the 5 years following promulgation of this subpart and for new sources based on 89 the expected utilization for the first 5 years after startup.

( 1) If the predominant use of the flexible operation unit, as described in paragraphs ( b)( 1)( i) and ( b)( 1)( ii) of this section, is as a petroleum refining process unit, as defined in § 63.641, then the flexible operation unit shall be subject to the provisions of this subpart.

( i) Except as provided in paragraph ( b)( 1)( ii) of this section, the predominant use of the flexible operation unit shall be the use representing the greatest annual operating time.

( ii) If the flexible operation unit is used as a petroleum refining process unit and for another purpose equally based on operating time, then the predominant use of the flexible operation unit shall be the use that produces the greatest annual production on a mass basis.

( 2) The determination of applicability of this subpart to petroleum refining process units that are designed and operated as flexible operation units shall be reported as specified in § 63.654( h)( 6)( i).

( c) For the purpose of this subpart, the affected source shall comprise all emission points, in combination,

listed in paragraphs ( c)( 1) through ( c)( 7) of this section that are located at a single refinery plant site. 90 ( 1) All miscellaneous process vents from petroleum refining process units meeting the criteria in paragraph ( a)

of this section;

( 2) All storage vessels associated with petroleum refining process units meeting the criteria in paragraph ( a)

of this section;

( 3) All wastewater streams and treatment operations associated with petroleum refining process units meeting the criteria in paragraph ( a) of this section;

( 4) All equipment leaks from petroleum refining process units meeting the criteria in paragraph ( a) of this section;

( 5) All gasoline loading racks classified under Standard Industrial Classification code 2911 meeting the criteria in paragraph ( a) of this section; and ( 6) All marine vessel loading operations located at a petroleum refinery meeting the criteria in paragraph ( a) of this section and the applicability criteria of subpart Y,

§ 63.560.

( 7) All storage vessels and equipment leaks associated with a bulk gasoline terminal or pipeline breakout station classified under Standard Industrial Classification code 2911 located within a contiguous area and under common control with a refinery meeting the criteria in paragraph ( a) of this section. 91 ( d) The affected source subject to this subpart does not include the emission points listed in paragraphs ( d)( 1)

through ( d)( 4) of this section.

( 1) Stormwater from segregated stormwater sewers;

( 2) Spills; and ( 3) Equipment that is intended to operate in organic hazardous air pollutant service, as defined in § 63.641 of this subpart, for less than 300 hours during the calendar year.

( 4) Catalytic cracking unit and catalytic reformer catalyst regeneration vents, and sulfur plant vents.

( e) The owner or operator shall follow the procedures specified in paragraphs ( e)( 1) and ( e)( 2) of this section to determine whether a storage vessel is part of a source to which this subpart applies.

( 1) Where a storage vessel is used exclusively by a process unit, the storage vessel shall be considered part of that process unit.

( i) If the process unit is a petroleum refining process unit subject to this subpart, then the storage vessel is part of the affected source to which this subpart applies.

( ii) If the process unit is not subject to this subpart, then the storage vessel is not part of the affected source to which this subpart applies. 92 ( 2) If a storage vessel is not dedicated to a single process unit, then the applicability of this subpart shall be determined according to the provisions in paragraphs ( e)( 2)( i) through ( e)( 2)( iii) of this section.

( i) If a storage vessel is shared among process units and one of the process units has the predominant use, as determined by paragraphs ( e)( 2)( i)( A) and ( e)( 2)( i)( B) of this section, then the storage vessel is part of that process unit.

( A) If the greatest input on a volume basis into the storage vessel is from a process unit that is located on the same plant site, then that process unit has the predominant use.

( B) If the greatest input on a volume basis into the storage vessel is provided from a process unit that is not located on the same plant site, then the predominant use shall be the process unit that receives the greatest amount of material on a volume basis from the storage vessel at the same plant site.

( ii) If a storage vessel is shared among process units so that there is no single predominant use, and at least one of those process units is a petroleum refining process unit subject to this subpart, the storage vessel shall be considered to be part of the petroleum refining process unit that is subject to this subpart. If more than one petroleum refining process unit is subject to this subpart, the owner 93 or operator may assign the storage vessel to any of the petroleum refining process units subject to this subpart.

( iii) If the predominant use of a storage vessel varies from year to year, then the applicability of this subpart shall be determined based on the utilization of that storage vessel during the year preceding promulgation of this subpart. This determination shall be reported as specified in § 63.654( h)( 6)( ii) of this subpart.

( f) The owner or operator shall follow the procedures specified in paragraphs ( f)( 1) through ( f)( 5) of this section to determine whether a miscellaneous process vent from a distillation unit is part of a source to which this subpart applies.

( 1) If the greatest input to the distillation unit is from a process unit located on the same plant site, then the distillation unit shall be assigned to that process unit.

( 2) If the greatest input to the distillation unit is provided from a process unit that is not located on the same plant site, then the distillation unit shall be assigned to the process unit located at the same plant site that receives the greatest amount of material from the distillation unit.

( 3) If a distillation unit is shared among process units so that there is no single predominant use, as described in paragraphs ( f)( 1) and ( f)( 2) of this section,

and at least one of those process units is a petroleum 94 refining process unit subject to this subpart, the distillation unit shall be assigned to the petroleum refining process unit that is subject to this subpart. If more than one petroleum refining process unit is subject to this subpart, the owner or operator may assign the distillation unit to any of the petroleum refining process units subject to this rule.

( 4) If the process unit to which the distillation unit is assigned is a petroleum refining process unit subject to this subpart and the vent stream contains greater than 20 parts per million by volume total organic hazardous air pollutants, then the vent from the distillation unit is considered a miscellaneous process vent ( as defined in § 63.641 of this subpart) and is part of the source to which this subpart applies.

( 5) If the predominant use of a distillation unit varies from year to year, then the applicability of this subpart shall be determined based on the utilization of that distillation unit during the year preceding promulgation of this subpart. This determination shall be reported as specified in § 63.654( f)( 1)( ii).

( g) The provisions of this subpart do not apply to the processes specified in paragraphs ( g)( 1) through ( g)( 7) of this section.

( 1) Research and development facilities, regardless of whether the facilities are located at the same plant site as 95 a petroleum refining process unit that is subject to the provisions of this subpart;

( 2) Equipment that does not contain any of the hazardous air pollutants listed in table 1 of this subpart that is located within a petroleum refining process unit that is subject to this subpart;

( 3) Units processing natural gas liquids;

( 4) Units that are used specifically for recycling discarded oil;

( 5) Shale oil extraction units;

( 6) Ethylene processes; and ( 7) Process units and emission points subject to subparts F, G, H, and I of this part.

( h) Except as provided in paragraphs ( k), ( l), or ( m)

of this section, sources subject to this subpart are required to achieve compliance on or before the dates specified in paragraphs ( h)( 1) through ( h)( 4) of this section.

( 1) New sources that commence construction or reconstruction after July 14, 1994 shall be in compliance with this subpart upon initial startup or the date of promulgation of this subpart, whichever is later, as provided in § 63.6( b) of subpart A of this part.

( 2) Except as provided in paragraphs ( h)( 3) through ( h)( 5) of this section, existing sources shall be in compliance with this subpart no later than [ insert date 96 3 years after date of publication in the Federal Register]

except as provided in § 63.6( c) of subpart A of this part,

or unless an extension has been granted by the Administrator as provided in § 63.6( i) of subpart A of this part.

( 3) Reserved.

( 4) Existing Group 1 floating roof storage vessels shall be in compliance with § 63.646 at the next degassing and cleaning activity or within 10 years after promulgation of the rule, whichever is first.

( 5) An owner or operator may elect to comply with the provisions of § 63.648( c) through ( f) as an alternative to the provisions of § 63.648( a) and ( b). In such cases, the owner or operator shall comply no later than the dates specified in paragraphs ( h)( 5)( i) through ( h)( 5)( iii) of this section.

( i) Phase I ( see table 2 of this subpart), beginning on [ insert date 3 years after date of publication in the Federal Register];

( ii) Phase II ( see table 2 of this subpart), beginning no later than [ insert date 4 years after date of publication in the Federal Register]; and ( iii) Phase III ( see table 2 of this subpart),

beginning no later than [ insert date 5.5 years after date of publication in the Federal Register].

( i) If an additional petroleum refining process unit is added to a plant site that is a major source as defined 97 in section 112( a) of the Clean Air Act, the addition shall be subject to the requirements for a new source if it meets the criteria specified in paragraphs ( i)( 1) through ( i)( 3):

( 1) It is an addition that meets the definition of construction in § 63.2 of subpart A of this part;

( 2) Such construction commenced after July 14, 1994;

and ( 3) The addition has the potential to emit 10 tons per year or more of any hazardous air pollutant or 25 tons per year or more of any combination of hazardous air pollutants.

( j) If any change is made to a petroleum refining process unit subject to this subpart, the change shall be subject to the requirements for a new source if it meets the criteria specified in paragraphs ( j)( 1) and ( j)( 2):

( 1) It is a change that meets the definition of reconstruction in § 63.2 of subpart A of this part; and ( 2) Such reconstruction commenced after July 14, 1994.

( k) If an additional petroleum refining process unit is added to a plant site or a change is made to a petroleum refining process unit and the addition or change is determined to be subject to the new source requirements according to paragraphs ( i) or ( j) it must comply with the requirements specified in paragraphs ( k)( 1) and ( k)( 2) of this section:

( 1) The reconstructed source, addition, or change shall be in compliance with the new source requirements upon 98 initial startup of the reconstructed source or by the date of promulgation of this subpart, whichever is later; and ( 2) The owner or operator of the reconstructed source,

addition, or change shall comply with the reporting and recordkeeping requirements that are applicable to new sources. The applicable reports include, but are not limited to:

( i) The application for approval of construction or reconstruction shall be submitted as soon as practical before the construction or reconstruction is planned to commence ( but it need not be sooner than 90 days after the date of promulgation of this subpart);

( ii) The Notification of Compliance Status report as required by § 63.654( f) for a new source, addition, or change;

( iii) Periodic Reports and Other Reports as required by § 63.654( g) and ( h);

( iv) Reports and notifications required by § 60.487 of subpart VV of part 60 or § 63.182 of subpart H of this part.

The requirements for subpart H are summarized in table 3 of this subpart;

( v) Reports required by 40 CFR 61.357 of subpart FF;

( vi) Reports and notifications required by § 63.428( b), ( c), ( g)( 1), and ( h)( 1) through ( h)( 3) of subpart R. These requirements are summarized in table 4 of this subpart; and 99 ( vii) Reports and notifications required by § § 63.566 and 63.567 of subpart Y of this part. These requirements are summarized in table 5 of this subpart.

( l) If an additional petroleum refining process unit is added to a plant site or if a miscellaneous process vent,

storage vessel, gasoline loading rack, or marine tank vessel loading operation that meets the criteria in paragraphs ( c)( 1) through ( c)( 7) of this section is added to an existing petroleum refinery or if another deliberate operational process change creating an additional Group 1 emission point( s) ( as defined in § 63.641) is made to an existing petroleum refining process unit, and if the addition or process change is not subject to the new source requirements as determined according to paragraphs ( i) or ( j) of this section, the requirements in paragraphs ( l)( 1)

through ( l)( 3) of this section shall apply. Examples of process changes include, but are not limited to, changes in production capacity, or feed or raw material where the change requires construction or physical alteration of the existing equipment or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment.

For purposes of this paragraph and paragraph ( m) of this section, process changes do not include: process upsets,

unintentional temporary process changes, and changes that are within the equipment configuration and operating 100 conditions documented in the Notification of Compliance Status report required by § 63.654( f).

( 1) The added emission point( s) and any emission point( s) within the added or changed petroleum refining process unit are subject to the requirements for an existing source.

( 2) The added emission point( s) and any emission point( s) within the added or changed petroleum refining process unit shall be in compliance with this subpart by the dates specified in paragraphs ( l)( 2)( i) or ( l)( 2)( ii) of this section, as applicable.

( i) If a petroleum refining process unit is added to a plant site or an emission point( s) is added to any existing petroleum refining process unit, the added emission point( s)

shall be in compliance upon initial startup of any added petroleum refining process unit or emission point( s) or by 3 years after the date of promulgation of this subpart,

whichever is later.

( ii) If a deliberate operational process change to an existing petroleum refining process unit causes a Group 2 emission point to become a Group 1 emission point ( as defined in § 63.641), the owner or operator shall be in compliance upon initial startup or by 3 years after the date of promulgation of this subpart, whichever is later, unless the owner or operator demonstrates to the Administrator that achieving compliance will take longer than making the 101 change. If this demonstration is made to the Administrator's satisfaction, the owner or operator shall follow the procedures in paragraphs ( m)( 1) through ( m)( 3) of this section to establish a compliance date.

( 3) The owner or operator of a petroleum refining process unit or of a storage vessel, miscellaneous process vent, wastewater stream, gasoline loading rack, or marine tank vessel loading operation meeting the criteria in paragraphs ( c)( 1) through ( c)( 7) of this section that is added to a plant site and is subject to the requirements for existing sources shall comply with the reporting and recordkeeping requirements that are applicable to existing sources including, but not limited to, the reports listed in paragraphs ( l)( 3)( i) through ( l)( 3)( vii) of this section.

A process change to an existing petroleum refining process unit shall be subject to the reporting requirements for existing sources including, but not limited to, the reports listed in paragraphs ( l)( 3)( i) through ( l)( 3)( vii) of this section. The applicable reports include, but are not limited to:

( i) The Notification of Compliance Status report as required by § 63.654( f) for the emission points that were added or changed;

( ii) Periodic Reports and other reports as required by § 63.654( g) and ( h); 102 ( iii) Reports and notifications required by sections of subpart A of this part that are applicable to this subpart, as identified in table 6 of this subpart.

( iv) Reports and notifications required by § 63.182 of subpart H of this part, or § 60.407 of subpart VV of part 60. The requirements of subpart H are summarized in table 3 of this subpart;

( v) Reports required by § 61.357 of subpart FF;

( vi) Reports and notifications required by § 63.428( b), ( c), ( g)( 1), and ( h)( 1) through ( h)( 3) of subpart R of this part. These requirements are summarized in table 4 of this subpart; and ( vii) Reports and notifications required by § 63.567 of subpart Y of this part. These requirements are summarized in table 5 of this subpart.

( m) If a change that does not meet the criteria in paragraph ( l) of this section is made to a petroleum refining process unit subject to this subpart, and the change causes a Group 2 emission point to become a Group 1 emission point ( as defined in § 63.641), then the owner or operator shall comply with the requirements of this subpart for existing sources for the Group 1 emission point as expeditiously as practicable, but in no event later than 3 years after the emission point becomes Group 1. 103 ( 1) The owner or operator shall submit to the Administrator for approval a compliance schedule, along with a justification for the schedule.

( 2) The compliance schedule shall be submitted within 180 days after the change is made or the information regarding the change is known to the source, unless the compliance schedule has been previously submitted to the permitting authority. The compliance schedule may be submitted in the next Periodic Report if the change is made after the date the Notification of Compliance Status report is due.

( 3) The Administrator shall approve or deny the compliance schedule or request changes within 120 calendar days of receipt of the compliance schedule and justification. Approval is automatic if not received from the Administrator within 120 calendar days of receipt.

( n) Overlap of subpart CC with other regulations for storage vessels.

( 1) After the compliance dates specified in paragraph ( h) of this section, a Group 1 or Group 2 storage vessel that is part of an existing source and is also subject to the provisions of 40 CFR part 60 subpart Kb is required to comply only with the requirements of 40 CFR part 60 subpart Kb.

( 2) After the compliance dates specified in paragraph ( h) of this section a Group 1 storage vessel that 104 is part of a new source and is subject to 40 CFR part 60,

subpart Kb is required to comply only with this subpart.

( 3) After the compliance dates specified in paragraph ( h) of this section, a Group 2 storage vessel that is part of a new source and is subject to the control requirements in § 60.112b of 40 CFR part 60, subpart Kb is required to comply only with 40 CFR part 60, subpart Kb.

( 4) After the compliance dates specified in paragraph ( h) of this section, a Group 2 storage vessel that is part of a new source and is subject to the § 60.110b subpart Kb, but is not required to apply controls by § 63.110b or 63.112b of subpart Kb is required to comply only with this subpart.

( 5) After the compliance dates specified in paragraph ( h) of this section a Group 1 storage vessel that is also subject to the provisions of 40 CFR part 60,

subparts K or Ka is required to only comply with the provisions of this subpart.

( 6) After compliance dates specified in paragraph ( h)

of this section, a Group 2 storage vessel that is subject to the control requirements of 40 CFR part 60, subparts K or Ka is required to only comply with the provisions of 40 CFR part 60, subparts K or Ka.

( 7) After the compliance dates specified in paragraph ( h) of this section, a Group 2 storage vessel that is subject to 40 CFR part 60, subparts K or Ka, but not to 105 the control requirements of 40 CFR part 60, subparts K or Ka, is required to comply only with this subpart.

( o) Overlap of subpart CC with other regulations for wastewater.

( 1) After the compliance dates specified in paragraph ( h) of this section a Group 1 wastewater stream managed in a piece of equipment that is also subject to the provisions of 40 CFR part 60, subpart QQQ is required to comply only with this subpart.

( 2) After the compliance dates specified in paragraph ( h) of this section a Group 1 or Group 2 wastewater stream that is conveyed, stored, or treated in a wastewater stream management unit that also receives streams subject to the provisions of § § 63.133 through 63.147 of subpart G wastewater provisions of this part shall comply as specified in paragraphs ( o)( 2)( i) through ( o)( 2)( iii) of this section. Compliance with the provisions of paragraph ( o)( 2) of this section shall constitute compliance with the requirements of this subpart for that wastewater stream.

( i) The provisions in § § 63.133 through 63.137 and § 63.140 of subpart G for all equipment used in the storage and conveyance of the Group 1 or Group 2 wastewater stream.

( ii) The provisions in both 40 CFR part 61, subpart FF and in § § 63.138 and 63.139 of subpart G for the treatment and control of the Group 1 or Group 2 wastewater stream. 106 ( iii) The provisions in § § 63.143 through 63.148 of subpart G for monitoring and inspections of equipment and for recordkeeping and reporting requirements. The owner or operator is not required to comply with the monitoring,

recordkeeping, and reporting requirements associated with the treatment and control requirements in 40 CFR part 61,

subpart FF, § § 61.355 through 61.357.

( p) Overlap of subpart CC with other regulations for equipment leaks. After the compliance dates specified in paragraph ( h) of this section equipment leaks that are also subject to the provisions of 40 CFR parts 60 and 61 are required to comply only with the provisions specified in this subpart.

( q) For overlap of subpart CC with local or State regulations, the permitting authority for the affected source may allow consolidation of the monitoring,

recordkeeping, and reporting requirements under this subpart with the monitoring, recordkeeping, and reporting requirements under other applicable requirements in 40 CFR parts 60, 61, or 63, and in any 40 CFR part 52 approved State implementation plan provided the implementation plan allows for approval of alternative monitoring, reporting, or recordkeeping requirements and provided that the permit contains an equivalent degree of compliance and control. 107 § 63.641 Definitions.

All terms used in this subpart shall have the meaning given them in the Clean Air Act, subpart A of this part, and in this section. If the same term is defined in subpart A and in this section, it shall have the meaning given in this section for purposes of this subpart.

Affected source means the collection of emission points to which this subpart applies as determined by the criteria in § 63.640. The term " affected source," as used in this subpart, has the same meaning as the term " affected source"

in subpart A of this part.

Aliphatic means open chained structure consisting of paraffin, olefin and acetylene hydrocarbons and derivatives.

Boiler means any enclosed combustion device that extracts useful energy in the form of steam and is not an incinerator.

By compound means by individual stream components, not by carbon equivalents.

Car seal means a seal that is placed on a device that is used to change the position of a valve ( e. g., from opened to closed) in such a way that the position of the valve cannot be changed without breaking the seal.

Closed vent system means a system that is not open to the atmosphere and is configured of piping, ductwork,

connections, and, if necessary, flow inducing devices that transport gas or vapor from an emission point to a control 108 device or back into the process. If gas or vapor from regulated equipment is routed to a process ( e. g., to a petroleum refinery fuel gas system), the process shall not be considered a closed vent system and is not subject to closed vent system standards.

Combustion device means an individual unit of equipment such as a flare, incinerator, process heater, or boiler used for the combustion of organic hazardous air pollutant vapors.

Connector means flanged, screwed, or other joined fittings used to connect two pipe lines or a pipe line and a piece of equipment. A common connector is a flange. Joined fittings welded completely around the circumference of the interface are not considered connectors for the purpose of this regulation. For the purpose of reporting and recordkeeping, connector means joined fittings that are accessible.

Continuous record means documentation, either in hard copy or computer readable form, of data values measured at least once every hour and recorded at the frequency specified in § 63.654( i).

Continuous recorder means a data recording device recording an instantaneous data value or an average data value at least once every hour.

Control device means any equipment used for recovering,

removing, or oxidizing organic hazardous air pollutants. 109 Such equipment includes, but is not limited to, absorbers,

carbon adsorbers, condensers, incinerators, flares, boilers,

and process heaters. For miscellaneous process vents ( as defined in this section), recovery devices ( as defined in this section) are not considered control devices.

Delayed coker vent means a vent that is typically intermittent in nature, and usually occurs only during the initiation of the depressuring cycle of the decoking operation when vapor from the coke drums cannot be sent to the fractionator column for product recovery, but instead is routed to the atmosphere through a closed blowdown system or directly to the atmosphere in an open blowdown system. The emissions from the decoking phases of delayed coker operations, which include coke drum deheading, draining, or decoking ( coke cutting), are not considered to be delayed coker vents.

Distillate receiver means overhead receivers, overhead accumulators, reflux drums, and condenser( s) including ejector condenser( s) associated with a distillation unit.

Distillation unit means a device or vessel in which one or more feed streams are separated into two or more exit streams, each exit stream having component concentrations different from those in the feed stream( s). The separation is achieved by the redistribution of the components between the liquid and the vapor phases by vaporization and condensation as they approach equilibrium within the 110 distillation unit. Distillation unit includes the distillate receiver, reboiler, and any associated vacuum pump or steam jet.

Emission point means an individual miscellaneous process vent, storage vessel, wastewater stream, or equipment leak associated with a petroleum refinery process unit; an individual storage vessel or equipment leak associated with a bulk gas terminal or pipeline breakout station classified under Standard Industrial Classification code 2911; a gasoline loading rack classified under Standard Industrial Classification code 2911; or a marine tank vessel loading operation located at a petroleum refinery.

Equipment leak means emissions of organic hazardous air pollutants from a pump, compressor, pressure relief device,

sampling connection system, open ended valve or line, valve,

or instrumentation system " in organic hazardous air pollutant service" as defined in this section. Vents from wastewater system drains, tank mixers, and sample valves on storage tanks are not equipment leaks.

Flame zone means the portion of a combustion chamber of a boiler or process heater occupied by the flame envelope created by the primary fuel.

Flexible operation unit means a process unit that manufactures different products periodically by alternating raw materials or operating conditions. These units are also referred to as campaign plants or blocked operations. 111 Flow indicator means a device that indicates whether gas is flowing, or whether the valve position would allow gas to flow, in a line.

Fuel gas system means the offsite and onsite piping and control system that gathers gaseous streams generated by refinery operations, may blend them with sources of gas, if available, and transports the blended gaseous fuel at suitable pressures for use as fuel in heaters, furnaces,

boilers, incinerators, gas turbines, and other combustion devices located within or outside of the refinery. The fuel is piped directly to each individual combustion device, and the system typically operates at pressures over atmospheric.

The gaseous streams can contain a mixture of methane, light hydrocarbons, hydrogen and other miscellaneous species.

Gasoline loading rack means the loading arms, pumps,

meters, shutoff valves, relief valves, and other piping and valves necessary to fill gasoline cargo tanks.

Group 1 gasoline loading rack means any gasoline loading rack classified under Standard Industrial Classification code 2911 that emits from the vapor collection and processing system 10 milligrams of total organic compounds per liter of gasoline loaded.

Group 1 marine tank vessel means a vessel loaded at any land or sea based terminal or structure that loads liquid commodities with vapor pressures greater than or equal to 10.3 kilopascals in bulk onto marine tank vessels, that 112 emits greater than 9.1 megagrams of any individual HAP or 13.6 megagrams of any combination of HAP annually after [ insert date 4 years after date of publication in the Federal Register].

Group 1 miscellaneous process vent means a miscellaneous process vent for which the volatile organic compound concentration, or the total organic concentration ( minus ethane and methane), is greater than or equal to 20 parts per million by volume, and the total volatile organic compound emissions are greater than or equal to 33 kilograms per day for existing and 7 kilograms per day for new sources at the outlet of the final recovery device ( if any) and prior to any control device and prior to discharge to the atmosphere.

Group 1 storage vessel means a storage vessel at an existing source that has a design storage capacity greater than or equal to 177 cubic meters and stored liquid maximum true vapor pressure greater than or equal to 10.4 kilopascals and HAP liquid concentration greater than 4 percent by weight total organic HAP; a storage vessel at a new source that has a design storage capacity greater than or equal to 151 cubic meters and stored liquid maximum true vapor pressure greater than or equal to 3.4 kilopascals and HAP liquid concentration greater than 2 percent by weight total organic HAP; or a storage vessel at a new source that has a design storage capacity greater than or equal to 113 76 cubic meters and less than 151 cubic meters and stored liquid maximum true vapor pressure greater than or equal to 77 kilopascals and HAP liquid concentration greater than 2 percent by weight total organic HAP.

Group 1 wastewater stream means a wastewater stream at a petroleum refinery with a total annual benzene loading of 10 megagrams per year or greater as calculated according to the procedures in 40 CFR part 61.342 of subpart FF of part 61 that has a flow rate of 0.02 liters per minute or greater, a benzene concentration of 10 parts per million by weight or greater, and is not exempt from control requirements under the provisions of 40 CFR part 61,

subpart FF.

Group 2 gasoline loading rack means a gasoline loading rack classified under Standard Industrial Classification code 2911 that does not meet the definition of a Group 1 gasoline loading rack.

Group 2 marine tank vessel means a marine tank vessel that does not meet the definition of a Group 1 marine tank vessel.

Group 2 miscellaneous process vent means a miscellaneous process vent that does not meet the definition of a Group 1 miscellaneous process vent.

Group 2 storage vessel means a storage vessel that does not meet the definition of a Group 1 storage vessel. 114 Group 2 wastewater stream means a wastewater stream that does not meet the definition of Group 1 wastewater stream.

Hazardous air pollutant or HAP means one of the chemicals listed in section 112( b) of the Clean Air Act.

Incinerator means an enclosed combustion device that is used for destroying organic compounds. Auxiliary fuel may be used to heat waste gas to combustion temperatures. Any energy recovery section present is not physically formed into one manufactured or assembled unit with the combustion section; rather, the energy recovery section is a separate section following the combustion section and the two are joined by ducts or connections carrying flue gas.

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 § 60.593( d) of part 60, subpart GGG.

In organic hazardous air pollutant service means that a piece of equipment either contains or contacts a fluid ( liquid or gas) that is at least 5 percent by weight of total organic HAP's as determined according to the provisions of § 63.180( d) of subpart H of this part and table 1 of this subpart. The provisions of § 63.180( d) of 115 subpart H also specify how to determine that a piece of equipment is not in organic HAP service.

Maximum true vapor pressure means the equilibrium partial pressure exerted by the stored liquid at the temperature equal to the highest calendar month average of the liquid storage temperature for liquids stored above or below the ambient temperature or at the local maximum monthly average temperature as reported by the National Weather Service for liquids stored at the ambient temperature, as determined:

( 1) In accordance with methods specified in § 63.111 of subpart G of this part;

( 2) From standard reference texts; or ( 3) By any other method approved by the Administrator.

Miscellaneous process vent means a gas stream containing greater than 20 parts per million by volume organic HAP that is continuously or periodically discharged during normal operation of a petroleum refining process unit meeting the criteria specified in § 63.640( a).

Miscellaneous process vents include gas streams that are discharged directly to the atmosphere, gas streams that are routed to a control device prior to discharge to the atmosphere, or gas streams that are diverted through a product recovery device prior to control or discharge to the atmosphere. Miscellaneous process vents include vent streams from: caustic wash accumulators, distillation tower 116 condensers/ accumulators, flash/ knockout drums, reactor vessels, scrubber overheads, stripper overheads, vacuum ( steam) ejectors, wash tower overheads, water wash accumulators, blowdown condensers/ accumulators, and delayed coker vents. Miscellaneous process vents do not include:

( 1) Gaseous streams routed to a fuel gas system;

( 2) Relief valve discharges;

( 3) Leaks from equipment regulated under § 63.648;

( 4) Episodic or nonroutine releases such as those associated with startup, shutdown, malfunction, maintenance,

depressuring, and catalyst transfer operations;

( 5) In situ sampling systems ( onstream analyzers);

( 6) Catalytic cracking unit catalyst regeneration vents;

( 7) Catalytic reformer regeneration vents;

( 8) Sulfur plant vents;

( 9) Vents from control devices such as scrubbers,

boilers, incinerators, and electrostatic precipitators applied to catalytic cracking unit catalyst regeneration vents, catalytic reformer regeneration vents, and sulfur plant vents;

( 10) Vents from any stripping operations applied to comply with the wastewater provisions of this subpart,

subpart G of this part, or 40 CFR part 61, subpart FF;

( 11) Coking unit vents associated with coke drum depressuring at or below a coke drum outlet pressure of 117 15 pounds per square inch gauge, deheading, draining, or decoking ( coke cutting) or pressure testing after decoking;

and ( 12) Vents from storage vessels.

Operating permit means a permit required by 40 CFR parts 70 or 71.

Organic hazardous air pollutant or organic HAP in this subpart, means any of the organic chemicals listed in table 1 of this subpart.

Petroleum based solvents means mixtures of aliphatic hydrocarbons or mixtures of one and two ring aromatic hydrocarbons.

Periodically discharged means discharges that are intermittent and associated with routine operations.

Discharges associated with maintenance activities or process upsets are not considered periodically discharged miscellaneous process vents and are therefore not regulated by the petroleum refinery miscellaneous process vent provisions.

Petroleum refining process unit means a process unit used in an establishment primarily engaged in petroleum refining as defined in the Standard Industrial Classification code for petroleum refining ( 2911), and used primarily for the following:

( 1) Producing transportation fuels ( such as gasoline,

diesel fuels, and jet fuels), heating fuels ( such as 118 kerosene, fuel gas distillate, and fuel oils), or lubricants;

( 2) Separating petroleum; or ( 3) Separating, cracking, reacting, or reforming intermediate petroleum streams.

( 4) Examples of such units include, but are not limited to, petroleum based solvent units, alkylation units,

catalytic hydrotreating, catalytic hydrorefining, catalytic hydrocracking, catalytic reforming, catalytic cracking,

crude distillation, lube oil processing, hydrogen production, isomerization, polymerization, thermal processes, and blending, sweetening, and treating processes.

Petroleum refining process units also include sulfur plants.

Plant site means all contiguous or adjoining property that is under common control including properties that are separated only by a road or other public right of way.

Common control includes properties that are owned, leased,

or operated by the same entity, parent entity, subsidiary,

or any combination thereof.

Primary fuel means the fuel that provides the principal heat input ( i. e., more than 50 percent) to the device. To be considered primary, the fuel must be able to sustain operation without the addition of other fuels.

Process heater means an enclosed combustion device that primarily transfers heat liberated by burning fuel directly 119 to process streams or to heat transfer liquids other than water.

Process unit means the equipment assembled and connected by pipes or ducts to process raw and/ or intermediate materials and to manufacture an intended product. A process unit includes any associated storage vessels. For the purpose of this subpart, process unit includes, but is not limited to, chemical manufacturing process units and petroleum refining process units.

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. An unscheduled work practice or operational procedure that stops production from a process unit or part of a process unit for less than 24 hours is not considered a process unit shutdown. An unscheduled work practice or operational procedure that would stop production from a process unit or part of a process unit for a shorter period of time than would be required to clear the process unit or part of the process unit of materials and start up the unit,

or would result in greater emissions than delay of repair of leaking components until the next scheduled process unit shutdown is not considered a process unit shutdown. The use 120 of spare equipment and technically feasible bypassing of equipment without stopping production are not considered process unit shutdowns.

Recovery device means an individual unit of equipment capable of and used for the purpose of recovering chemicals for use, reuse, or sale. Recovery devices include, but are not limited to, absorbers, carbon adsorbers, and condensers.

Reference control technology for gasoline loading racks means a vapor collection and processing system used to reduce emissions due to the loading of gasoline cargo tanks to 10 milligrams of total organic compounds per liter of gasoline loaded or less.

Reference control technology for marine vessels means a vapor collection system and a control device that reduces captured HAP emissions by 97 percent.

Reference control technology for miscellaneous process vents means a combustion device used to reduce organic HAP emissions by 98 percent, or to an outlet concentration of 20 parts per million by volume.

Reference control technology for storage vessels means either:

( 1) An internal floating roof meeting the specifications of § 63.119( b) of subpart G except for § 63.119( b)( 5) and ( b)( 6); 121 ( 2) An external floating roof meeting the specifications of § 63.119( c) of subpart G except for § 63.119( c)( 2)

( 3) An external floating roof converted to an internal floating roof meeting the specifications of § 63.119( d) of subpart G except for § 63.119( d)( 2); or ( 4) A closed vent system to a control device that reduces organic HAP emissions by 95 percent, or to an outlet concentration of 20 parts per million by volume.

( 5) For purposes of emissions averaging, these four technologies are considered equivalent.

Reference control technology for wastewater means the use of:

( 1) Controls specified in § § 61.343 through 61.347 of subpart FF of part 61;

( 2) A treatment process that achieves the emission reductions specified in table 7 of this subpart for each individual HAP present in the wastewater stream or is a steam stripper that meets the specifications in § 63.138( g)

of subpart G of this part; and ( 3) a control device to reduce by 95 percent ( or to an outlet concentration of 20 parts per million by volume for combustion devices) the organic HAP emissions in the vapor streams vented from treatment processes ( including the steam stripper described in paragraph ( 2) of this definition)

managing wastewater. 122 Refinery fuel gas means a gaseous mixture of methane,

light hydrocarbons, hydrogen, and other miscellaneous species ( nitrogen, carbon dioxide, hydrogen sulfide, etc.)

that is produced in the refining of crude oil and/ or petrochemical processes and that is separated for use as a fuel in boilers and process heaters throughout the refinery.

Relief valve means a valve used only to release an unplanned, nonroutine discharge. A relief valve discharge can result from an operator error, a malfunction such as a power failure or equipment failure, or other unexpected cause that requires immediate venting of gas from process equipment in order to avoid safety hazards or equipment damage.

Research and development facility means laboratory and pilot plant operations whose primary purpose is to conduct research and development into new processes and products,

where the operations are under the close supervision of technically trained personnel, and is not engaged in the manufacture of products for commercial sale, except in a de minimis manner.

Storage vessel means a tank or other vessel that is used to store organic liquids that are in organic HAP service. Storage vessel does not include:

( 1) Vessels permanently attached to motor vehicles such as trucks, railcars, barges, or ships; 123 ( 2) Pressure vessels designed to operate in excess of 204.9 kilopascals and without emissions to the atmosphere;

( 3) Vessels with capacities smaller than 40 cubic meters;

( 4) Bottoms receiver tanks; or ( 5) Wastewater storage tanks. Wastewater storage tanks are covered under the wastewater provisions.

Temperature monitoring device means a unit of equipment used to monitor temperature and having an accuracy of + 1 percent of the temperature being monitored expressed in degrees Celsius or + 0.5 oC), whichever is greater.

Total annual benzene means the total amount of benzene in waste streams at a facility on an annual basis as determined in § 61.342 of 40 CFR part 61, subpart FF.

Total organic compounds or TOC, as used in this subpart, means those compounds excluding methane and ethane measured according to the procedures of Method 18 of 40 CFR part 60, appendix A. Method 25A may be used alone or in combination with Method 18 to measure TOC as provided in § 63.645 of this subpart.

Wastewater means water or wastewater that, during production or processing, comes into direct contact with or results from the production or use of any raw material,

intermediate product, finished product, byproduct, or waste product and is discharged into any individual drain system.

Examples are feed tank drawdown; water formed during a 124 chemical reaction or used as a reactant; water used to wash impurities from organic products or reactants; water used to cool or quench organic vapor streams through direct contact;

and condensed steam from jet ejector systems pulling vacuum on vessels containing organics.

§ 63.642 General standards.

( a) Each owner or operator of a source subject to this subpart is required to apply for a part 70 or part 71 operating permit from the appropriate permitting authority. If the EPA has approved a State operating permit program under part 70, the permit shall be obtained from the State authority. If the State operating permit program has not been approved, the source shall apply to the EPA Regional Office pursuant to part 71.

( b) Reserved.

( c) Table 6 of this subpart specifies the provisions of subpart A of this part that apply and those that do not apply to owners and operators of sources subject to this subpart.

( d) Initial performance tests and initial compliance determinations shall be required only as specified in this subpart.

( 1) Performance tests and compliance determinations shall be conducted according to the schedule and procedures specified in this subpart. 125 ( 2) The owner or operator shall notify the Administrator of the intention to conduct a performance test at least 30 days before the performance test is scheduled.

( 3) Performance tests shall be conducted according to the provisions of § 63.7( e) except that performance tests shall be conducted at maximum representative operating capacity for the process. During the performance test, an owner or operator shall operate the control device at either maximum or minimum representative operating conditions for monitored control device parameters, whichever results in lower emission reduction.

( 4) Data shall be reduced in accordance with the EPA approved methods specified in the applicable section or,

if other test methods are used, the data and methods shall be validated according to the protocol in Method 301 of appendix A of this part.

( e) Each owner or operator of a source subject to this subpart shall keep copies of all applicable reports and records required by this subpart for at least 5 years except as otherwise specified in this subpart. All applicable records shall be maintained in such a manner that they can be readily accessed. Records for the most recent 2 years shall be retained onsite at the source or shall be accessible from a central location by computer. The remaining 3 years of records may be retained offsite.

Records may be maintained in hard copy or computer readable 126 EA = 0.02 EPV1

 EPV2

0.05 ES1

 ES2

 EGLR1C

 EGLR2

( R)  EMV1

 EMV2

 EWW1C

 EWW2 form including, but not limited to, on paper, microfilm,

computer, floppy disk, magnetic tape, or microfiche.

( f) All reports required under this subpart shall be sent to the Administrator at the addresses listed in § 63.13 of subpart A of this part. If acceptable to both the Administrator and the owner or operator of a source, reports may be submitted on electronic media.

( g) The owner or operator of an existing source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the following equation:

where:

EA = Emission rate, megagrams per year,

allowed for the source.

0.02

EPV1 = Sum of the residual emissions, megagrams per year, from all Group 1 miscellaneous process vents, as defined in § 63.641.

EPV2 = Sum of the emissions, megagrams per year, from all Group 2 process vents, as defined in § 63.641. 127 0.05

ES1 = Sum of the residual emissions, megagrams per year, from all Group 1 storage vessels, as defined in § 63.641.

ES2 = Sum of the emissions, megagrams per year, from all Group 2 storage vessels,

as defined in § 63.641.

EGLR1C = Sum of the residual emissions, megagrams per year, from all Group 1 gasoline loading racks, as defined in § 63.641.

EGLR2 = Sum of the emissions, megagrams per year, from all Group 2 gasoline loading racks, as defined in § 63.641.

( R)

EMV1 = Sum of the residual emissions megagrams per year, from all Group 1 marine tank vessels, as defined in § 63.641.

R = 0.03 for existing sources, 0.02 for new sources except offshore loading terminals, and 0.05 for new offshore loading terminals.

EMV2 = Sum of the emissions, megagrams per year from all Group 2 marine tank vessels, as defined in § 63.641.

EWW1C = Sum of the residual emissions from all Group 1 wastewater streams, as defined in § 63.641. This term is calculated 128 for each Group 1 stream according to the equation for EWWic in § 63.652( h)( 6).

EWW2 = Sum of emissions from all Group 2 wastewater streams, as defined in § 63.641.

The emissions level represented by this equation is dependent on the collection of emission points in the source. The level is not fixed and can change as the emissions from each emission point change or as the number of emission points in the source changes.

( h) The owner or operator of a new source subject to the requirements of this subpart shall control emissions of organic HAP's to the level represented by the equation in paragraph ( g) of this section.

( i) The owner or operator of an existing source shall demonstrate compliance with the emission standard in paragraph ( g) of this section by following the procedures specified in paragraph ( k) of this section for all emission points, or by following the emissions averaging compliance approach specified in paragraph ( l) of this section for specified emission points and the procedures specified in paragraph ( k) of this section for all other emission points within the source.

( j) The owner or operator of a new source shall demonstrate compliance with the emission standard in paragraph ( h) of this section only by following the 129 procedures in paragraph ( k) of this section. The owner or operator of a new source may not use the emissions averaging compliance approach.

( k) The owner or operator of an existing source may comply, and the owner or operator of a new source shall comply, with the miscellaneous process vent provisions in § § 63.643 through 63.645, the storage vessel provisions in § 63.646, the wastewater provisions in § 63.647, the gasoline loading rack provisions in § 63.650, and the marine tank vessel loading operation provisions in § 63.651 of this subpart.

( 1) The owner or operator using this compliance approach shall also comply with the requirements of § 63.654 as applicable.

( 2) The owner or operator using this compliance approach is not required to calculate the annual emission rate specified in paragraph ( g) of this section.

( l) The owner or operator of an existing source may elect to control some of the emission points within the source to different levels than specified under § § 63.643 through 63.647, § § 63.650 and 63.651 by using an emissions averaging compliance approach as long as the overall emissions for the source do not exceed the emission level specified in paragraph ( g) of this section. The owner or operator using emissions averaging shall meet the 130 requirements in paragraphs ( l)( 1) and ( l)( 2) of this section.

( 1) Calculate emission debits and credits for those emission points involved in the emissions average according to the procedures specified in § 63.652; and ( 2) Comply with the requirements of § § 63.652, 63.653,

and 63.654, as applicable.

( m) A State may restrict the owner or operator of an existing source to using only the procedures in paragraph ( k) of this section to comply with the emission standard in paragraph ( g) of this section. Such a restriction would preclude the source from using an emissions averaging compliance approach.

§ 63.643 Miscellaneous process vent provisions.

( a) The owner or operator of a Group 1 miscellaneous process vent as defined in § 63.641 shall comply with the requirements of either paragraphs ( a)( 1) or ( a)( 2) of this section.

( 1) Reduce emissions of organic HAP's using a flare that meets the requirements of § 63.11( b) of subpart A of this part.

( 2) Reduce emissions of organic HAP's, using a control device, by 98 weight percent or to a concentration of 20 parts per million by volume, on a dry basis, corrected to 3 percent oxygen, whichever is less stringent. Compliance 131 can be determined by measuring either organic HAP's or TOC's using the procedures in § 63.645.

( b) If a boiler or process heater is used to comply with the percentage of reduction requirement or concentration limit specified in paragraph ( a)( 2) of this section, then the vent stream shall be introduced into the flame zone of such a device, or in a location such that the required percent reduction or concentration is achieved.

Testing and monitoring is required only as specified in § 63.644( a) and § 63.645 of this subpart.

§ 63.644 Monitoring provisions for miscellaneous process vents.

( a) Except as provided in paragraph ( b) of this section, each owner or operator of a Group 1 miscellaneous process vent that uses a combustion device to comply with the requirements in § 63.643( a) of this section shall install the monitoring equipment specified in paragraph ( a)( 1), ( a)( 2), ( a)( 3), or ( a)( 4) of this section,

depending on the type of combustion device used. All monitoring equipment shall be installed, calibrated,

maintained, and operated according to manufacturer's specifications.

( 1) Where an incinerator is used, a temperature monitoring device equipped with a continuous recorder is required. 132 ( i) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the firebox or in the ductwork immediately downstream of the firebox in a position before any substantial heat exchange occurs.

( ii) Where a catalytic incinerator is used,

temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed.

( 2) Where a flare is used, a device ( including but not limited to a thermocouple, an ultraviolet beam sensor, or an infrared sensor) capable of continuously detecting the presence of a pilot flame is required.

( 3) Any boiler or process heater with a design heat input capacity greater than or equal to 44 megawatt or any boiler or process heater in which all vent streams are introduced into the flame zone is exempt from monitoring.

( 4) Any boiler or process heater less than 44 megawatts design heat capacity where the vent stream is not introduced into the flame zone is required to use a temperature monitoring device in the firebox equipped with a continuous recorder.

( b) An owner or operator of a Group 1 miscellaneous process vent may request approval to monitor parameters other than those listed in paragraph ( a) of this section.

The request shall be submitted according to the procedures 133 specified in § 63.654( h). Approval shall be requested if the owner or operator:

( 1) Uses a control device other than an incinerator,

boiler, process heater, or flare; or ( 2) Uses one of the control devices listed in paragraph ( a) of this section, but seeks to monitor a parameter other than those specified in paragraph ( a) of this section.

( c) The owner or operator of a Group 1 miscellaneous process vent using a vent system that contains bypass lines that could divert a vent stream away from the control device used to comply with paragraph ( a) of this section shall comply with either paragraph ( c)( 1) or ( c)( 2) of this section. Equipment such as low leg drains, high point bleeds, analyzer vents, open ended valves or lines, pressure relief valves needed for safety reasons, and equipment subject to § 63.648 of this section are not subject to this paragraph.

( 1) Install, calibrate, maintain, and operate a flow indicator that determines whether a vent stream flow is present at least once every hour. Records shall be generated as specified in § 63.654( h) and ( i). The flow indicator shall be installed at the entrance to any bypass line that could divert the vent stream away from the control device to the atmosphere; or 134 ( 2) Secure the bypass line valve in the closed position with a car seal or a lock and key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure that the valve is maintained in the closed position and the vent stream is not diverted through the bypass line.

( d) The owner or operator shall establish a range that ensures compliance with the emissions standard for each parameter monitored under paragraphs ( a) and ( b) of this section. In order to establish the range, the information required in § 63.654( f)( 1)( ii) shall be submitted in the Notification of Compliance Status report.

( e) Each owner or operator of a control device subject to the monitoring provisions of this section shall operate the control device in a manner consistent with the minimum and/ or maximum operating parameter value or procedure required to be monitored under paragraphs ( a) and ( b) of this section. Operation of the control device in a manner that constitutes a period of excess emissions, as defined in § 63.654( g)( 6), or failure to perform procedures required by this section shall constitute a violation of the applicable emission standard of this subpart.

§ 63.645 Test methods and procedures for miscellaneous process vents.

( a) To demonstrate compliance with § 63.643, an owner or operator shall follow § 63.116 except for § 63.116( d) and 135 ( e) of subpart G of this part except as provided in paragraphs ( b) through ( d) of this section.

( b) All references to § 63.113( a)( 1) or ( a)( 2) in § 63.116 of subpart G of this part shall be replaced with § 63.643( a)( 1) or ( a)( 2), respectively.

( c) In § 63.116( c)( 4)( ii)( C) of subpart G of this part, organic HAP's in the list of HAP's in table 1 of this subpart shall be considered instead of the organic HAP's in table 2 of subpart F of this part.

( d) All references to § 63.116( b)( 1) or ( b)( 2) shall be replaced with paragraphs ( d)( 1) and ( d)( 2) of this section, respectively.

( 1) Any boiler or process heater with a design heat input capacity of 44 megawatts or greater.

( 2) Any boiler or process heater in which all vent streams are introduced into the flame zone.

( e) For purposes of determining the TOC emission rate,

as specified under paragraph ( f) of this section, the sampling site shall be after the last product recovery device ( as defined in § 63.641 of this subpart) ( if any recovery devices are present) but prior to the inlet of any control device ( as defined in § 63.641 of this subpart) that is present, prior to any dilution of the process vent stream, and prior to release to the atmosphere. 136 ( 1) Methods 1 or 1A of 40 CFR part 60, appendix A, as appropriate, shall be used for selection of the sampling site.

( 2) No traverse site selection method is needed for vents smaller than 0.10 meter in diameter.

( f) Except as provided in paragraph ( g) of this section, an owner or operator seeking to demonstrate that a process vent TOC mass flow rate is less than 33 kilograms per day for an existing source or less than 6.8 kilograms per day for a new source in accordance with the Group 2 process vent definition of this subpart shall determine the TOC mass flow rate by the following procedures:

( 1) The sampling site shall be selected as specified in paragraph ( e) of this section.

( 2) The gas volumetric flow rate shall be determined using Methods 2, 2A, 2C, or 2D of 40 CFR part 60,

appendix A, as appropriate.

( 3) Method 18 or Method 25A of 40 CFR part 60,

appendix A shall be used to measure concentration;

alternatively, any other method or data that has been validated according to the protocol in Method 301 of appendix A of this part may be used. If Method 25A is used,

and the TOC mass flow rate calculated from the Method 25A measurement is greater than or equal to 33 kilograms per day for an existing source or 6.8 kilograms per day for a new source, Method 18 may be used to determine any non VOC 137 CTOC

x i  1

n j  1 Cji X hydrocarbons that may be deducted to calculate the TOC ( minus non VOC hydrocarbons) concentration and mass flow rate. The following procedures shall be used to calculate parts per million by volume concentration:

( i) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15 minute intervals during the run.

( ii) The TOC concentration ( CTOC) is the sum of the concentrations of the individual components and shall be computed for each run using the following equation if Method 18 is used:

where:

CTOC = Concentration of TOC ( minus methane and ethane), dry basis, parts per million by volume.

Cji = Concentration of sample component j of the sample i, dry basis, parts per million by volume. 138 E = K2

n j  1 CjMj Qs n = Number of components in the sample.

x = Number of samples in the sample run.

( 4) The emission rate of TOC ( minus methane and ethane) ( ETOC) shall be calculated using the following equation if Method 18 is used:

where:

E = Emission rate of TOC ( minus methane and ethane) in the sample, kilograms per day.

K2 = Constant, 2.494 x 10 6 ( parts per million) 1 ( gram mole per standard cubic meter)

( kilogram per gram) ( minutes per hour), where the standard temperature ( standard cubic meter) is at 20 oC.

Cj = Concentration on a dry basis of organic compound j in parts per million as measured by Method 18 of 40 CFR part 60, appendix A,

as indicated in paragraph ( f)( 3) of this section. Cj includes all organic compounds measured minus methane and ethane.

Mj = Molecular weight of organic compound j, gram per gram mole. 139 E = K2 CTOC Qs Qs = Vent stream flow rate, dry standard cubic meters per minute, at a temperature of 20 oC.

( 5) If Method 25A is used the emission rate of TOC ( ETOC) shall be calculated using the following equation:

where:

E = Emission rate of TOC ( minus methane and ethane) in the sample, kilograms per day.

K2 = Constant, 2.494 x 10 6 ( parts per million) 1 ( gram mole per standard cubic meter)

( kilogram per gram) ( minutes per hour), where the standard temperature ( standard cubic meter) is at 20 oC.

CTOC = Concentration of TOC on a dry basis in parts per million volume as measured by Method 25A of 40 CFR part 60, appendix A, as indicated in paragraph ( f)( 3) of this section.

Qs = Vent stream flow rate, dry standard cubic meters per minute, at a temperature of 20 oC.

( g) Engineering assessment may be used to determine the TOC emission rate for the representative operating condition expected to yield the highest daily emission rate. 140 ( 1) Engineering assessment includes, but is not limited to, the following:

( i) Previous test results provided the tests are representative of current operating practices at the process unit.

( ii) Bench scale or pilot scale test data representative of the process under representative operating conditions.

( iii) TOC emission rate specified or implied within a permit limit applicable to the process vent.

( iv) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to:

( A) Use of material balances based on process stoichiometry to estimate maximum TOC concentrations;

( B) Estimation of maximum flow rate based on physical equipment design such as pump or blower capacities; and ( C) Estimation of TOC concentrations based on saturation conditions.

( v) All data, assumptions, and procedures used in the engineering assessment shall be documented.

( h) The owner or operator of a Group 2 process vent shall recalculate the TOC emission rate for each process vent, as necessary, whenever process changes are made to determine whether the vent is in Group 1 or Group 2. 141 Examples of process changes include, but are not limited to,

changes in production capacity, production rate, or catalyst type, or whenever there is replacement, removal, or addition of recovery equipment. For purposes of this paragraph,

process changes do not include: process upsets;

unintentional, temporary process changes; and changes that are within the range on which the original calculation was based.

( 1) The TOC emission rate shall be recalculated based on measurements of vent stream flow rate and TOC as specified in paragraphs ( e) and ( f) of this section, as applicable, or on best engineering assessment of the effects of the change. Engineering assessments shall meet the specifications in paragraph ( g) of this section.

( 2) Where the recalculated TOC emission rate is greater than 33 kilograms per day for an existing source or greater than 6.8 kilograms per day for a new source, the owner or operator shall submit a report as specified in § 63.654( c), ( d), ( e), ( f), or ( g), or ( h) and shall comply with the appropriate provisions in § 63.643 by the dates specified in § 63.640.

§ 63.646 Storage vessel provisions.

( a) Each owner or operator of a Group 1 storage vessel subject to this subpart shall comply with the requirements of § § 63.119 through 63.121 of subpart G of this part except as provided in paragraphs ( b) through ( m) of this section. 142 ( b) As used in this section, all terms not defined in § 63.641 shall have the meaning given them in 40 CFR part 63, subparts A or G. The Group 1 storage vessel definition presented in § 63.641 shall apply in lieu of the Group 1 storage vessel definitions presented in tables 5 and 6 of § 63.119 of subpart G of this part.

( 1) An owner or operator may use good engineering judgement or test results to determine the stored liquid weight percent total organic HAP for purposes of group determination. Data, assumptions, and procedures used in the determination shall be documented.

( 2) When an owner or operator and the Administrator do not agree on whether the weight percent organic HAP in the stored liquid is above or below 4 percent for existing sources and 2 percent for new sources, Method 18 of 40 CFR part 60, appendix A shall be used.

( c) The following paragraphs do not apply to storage vessels at existing sources subject to this subpart:

§ 63.119( b)( 5), ( b)( 6), ( c)( 2), and ( d)( 2).

( d) References shall be replaced as specified in paragraphs ( d)( 1) through ( d)( 9) of this section.

( 1) All references to § 63.100( k) of subpart F of this part ( or the schedule provisions and the compliance date)

shall be replaced with § 63.640( h),

( 2) All references to April 22, 1994 shall be replaced with [ insert date of this Federal Register publication]. 143 ( 3) All references to December 31, 1992 shall be replaced with July 15, 1994.

( 4) All references to the compliance dates specified in § 63.100 of subpart F shall be replaced with § 63.640( h)

through ( m).

( 5) All references to § 63.150 in § 63.119 of subpart G of this part shall be replaced with § 63.652.

( 6) All references to § 63.113( a)( 2) of subpart G shall be replaced with § 63.643( a)( 2) of this subpart.

( 7) All references to § 63.126( b)( 1) of subpart G shall be replaced with § 63.422( b) of subpart R of this part.

( 8) All references to § 63.128( a) of subpart G shall be replaced with § 63.425, paragraphs ( a) through ( c) and ( e) through ( h) of subpart R of this part.

( 9) All references to § 63.139( d)( 1) in § 63.120( d)( 1)( iii) of subpart G shall be replaced with § 61.355 of subpart FF of part 61.

( e) When complying with the inspection requirements of § 63.120 of subpart G of this part, owners and operators of storage vessels at existing sources subject to this subpart are not required to comply with the provisions for gaskets,

slotted membranes, and sleeve seals.

( f) The following paragraphs ( f)( 1), ( f)( 2), and ( f)( 3) of this section apply to Group 1 storage vessels at existing sources: 144 ( 1) If a cover or lid is installed on an opening on a floating roof, the cover or lid shall remain closed except when the cover or lid must be open for access.

( 2) Rim space vents are to be set to open only when the floating roof is not floating or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting.

( 3) Automatic bleeder vents are to be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports.

( g) Failure to perform inspections and monitoring required by this section shall constitute a violation of the applicable standard of this subpart.

( h) References in § § 63.119 through 63.121 to § 63.122( g)( 1), § 63.151, and references to initial notification requirements do not apply.

( i) References to the Implementation Plan in § 63.120,

paragraphs ( d)( 2) and ( d)( 3)( i) shall be replaced with the Notification of Compliance Status report.

( j) References to the Notification of Compliance Status report in § 63.152( b) shall be replaced with § 63.654( f).

( k) References to the Periodic Reports in § 63.152( c)

shall be replaced with § 63.654( g). 145 ( l) The State or local permitting authority can waive the notification requirements of § § 63.120( a)( 5),

63.120( a)( 6), 63.120( b)( 10)( ii), and 63.120( b)( 10)( iii) for all or some storage vessels at petroleum refineries subject to this subpart. The State or local permitting authority may also grant permission to refill storage vessels sooner than 30 days after submitting the notifications in § § 63.120( a)( 6) or 63.120( b)( 10)( iii) for all storage vessels at a refinery or for individual storage vessels on a case by case basis.

§ 63.647 Wastewater provisions.

( a) Except as provided in paragraph ( b) of this section, each owner or operator of a Group 1 wastewater stream shall comply with the requirements of § § 61.340 through 61.355 of 40 CFR part 61 subpart FF for each process wastewater stream that meets the definition in § 63.641.

( b) As used in this section, all terms not defined in § 63.641 shall have the meaning given them in the Clean Air Act or in 40 CFR part 61 subpart FF, § 61.341.

( c) Each owner or operator required under subpart FF of 40 CFR part 61 to perform periodic measurement of benzene concentration in wastewater, or to monitor process or control device operating parameters shall operate in a manner consistent with the minimum or maximum ( as appropriate) permitted concentration or operating parameter values. Operation of the process, treatment unit, or 146 control device resulting in a measured concentration or operating parameter value outside the permitted limits shall constitute a violation of the emission standards. Failure to perform required leak monitoring for closed vent systems and control devices or failure to repair leaks within the time period specified in subpart FF shall constitute a violation of the standard.

§ 63.648 Equipment leak standards.

( a) Each owner or operator of an existing source subject to the provisions of this subpart shall comply with the provisions of 40 CFR part 60 subpart VV and paragraph ( b) of this section except as provided in paragraphs ( a)( 1), ( a)( 2) and ( c) through ( i) of this section. Each owner or operator of a new source subject to the provisions of this subpart shall comply with subpart H of this part except as provided in paragraphs ( c) through ( i) of this section.

( 1) For purposes of compliance with this section, the provisions of 40 CFR part 60, subpart VV apply only to equipment in organic HAP service, as defined in § 63.641 of this subpart.

( 2) Calculation of percentage leaking equipment components for subpart VV may be done on a process unit basis or a sourcewide basis. Once the owner or operator has decided, all subsequent calculations shall be on the same basis unless a permit change is made. 147 ( b) The use of monitoring data generated before [ insert date of Federal Register publication] to qualify for less frequent monitoring of valves and pumps as provided under 40 CFR part 60 subpart VV or subpart H of this part and paragraph ( c) of this section ( i. e., quarterly or semiannually) is governed by the requirements of ( b)( 1) and ( b)( 2) of this paragraph.

( 1) Monitoring data must meet the test methods and procedures specified in § 60.485( b) of 40 CFR part 60,

subpart VV or § 63.180( b)( 1) through ( b)( 5) of subpart H of this part except for minor departures.

( 2) Departures from the criteria specified in § 60.485( b) of 40 CFR part 60 subpart VV or § 63.180( b)( 1)

through ( b)( 5) of subpart H of this part or from the monitoring frequency specified in subpart VV or in paragraph ( c) of this section ( such as every 6 weeks instead of monthly or quarterly) are minor and do not significantly affect the quality of the data. An example of a minor departure is monitoring at a slightly different frequency ( such as every 6 weeks instead of monthly or quarterly).

Failure to use a calibrated instrument is not considered a minor departure.

( c) In lieu of complying with the existing source provisions of paragraph ( a) in this section, an owner or operator may elect to comply with the requirements of § § 63.161 through 63.169, 63.171, 63.172, 63.175, 63.176, 148 63.177, 63.179, and 63.180 of subpart H of this part except as provided in paragraphs ( c)( 1) through ( c)( 10) and ( e)

through ( i) of this section.

( 1) The instrument readings that define a leak for light liquid pumps subject to § 63.163 of subpart H of this part and gas/ vapor and light liquid valves subject to § 63.168 of subpart H of this part are specified in table 2 of this subpart.

( 2) In phase III of the valve standard, the owner or operator may monitor valves for leaks as specified in paragraphs ( c)( 2)( i) or ( c)( 2)( ii) of this section.

( i) If the owner or operator does not elect to monitor connectors, then the owner or operator shall monitor valves according to the frequency specified in table 8 of this subpart.

( ii) If an owner or operator elects to monitor connectors according to the provisions of § 63.649,

paragraphs ( b), ( c), or ( d), then the owner or operator shall monitor valves at the frequencies specified in table 9 of this subpart.

( 3) The owner or operator shall decide no later than the first required monitoring period after the phase I compliance date specified in § 63.640( h) whether to calculate the percentage leaking valves on a process unit basis or on a sourcewide basis. Once the owner or operator 149 has decided, all subsequent calculations shall be on the same basis unless a permit change is made.

( 4) The owner or operator shall decide no later than the first monitoring period after the phase III compliance date specified in § 63.640( h) whether to monitor connectors according to the provisions in § 63.649, paragraphs ( b),

( c), or ( d).

( 5) Connectors in gas/ vapor service or light liquid service are subject to the requirements for connectors in heavy liquid service in § 63.169 of subpart H of this part ( except for the agitator provisions). The leak definition for valves, connectors, and instrumentation systems subject to § 63.169 is 1,000 parts per million.

( 6) In phase III of the pump standard, except as provided in paragraph ( c)( 7), owners or operators that achieve less than 10 percent of light liquid pumps leaking or three light liquid pumps leaking, whichever is greater,

shall monitor light liquid pumps monthly.

( 7) Owners or operators that achieve less than 3 percent of light liquid pumps leaking or one light liquid pump leaking, whichever is greater, shall monitor light liquid pumps quarterly.

( 8) An owner or operator may make the election described in paragraphs ( c)( 3) and ( c)( 4) of this section at any time except that any election to change after the 150 initial election shall be treated as a permit modification according to the terms of part 70 of this chapter.

( 9) When complying with the requirements of § 63.138( e)( 3)( i) of subpart H of this part, non repairable valves shall be included in the calculation of percent leaking valves the first time the valve is identified as leaking and non repairable. Otherwise, a number of nonrepairable valves up to a maximum of 1 percent per year of the total number of valves in organic HAP service up to a maximum of 3 percent may be excluded from calculation of percent leaking valves for subsequent monitoring periods.

When the number of non repairable valves exceeds 3 percent of the total number of valves in organic HAP service, the number of non repairable valves exceeding 3 percent of the total number shall be included in the calculation of percent leaking valves.

( 10) If in phase III of the valve standard any valve is designated, as described in 40 CFR § 60.4685( e)( 2), as having no detectable emissions the owner or operator has the option of following the provisions of § 60.482 7( f) of subpart VV of part 60. If an owner or operator chooses to comply with the provisions of 40 CFR § 60.482 7( f), the valve is exempt from the valve monitoring provisions of § 63.168 of subpart H of this part.

( d) Upon startup of new sources, the owner or operator shall comply with § 63.163( a)( 1)( ii) of subpart H of this 151 part for light liquid pumps and § 63.168( a)( 1)( ii) of subpart H of this part for gas/ vapor and light liquid valves.

( e) For reciprocating pumps in heavy liquid service,

owners and operators are not required to comply with the requirements in § 63.169 of subpart H of this part.

( f) Reciprocating pumps in light liquid service are exempt from § § 63.163 and 60.482 if recasting the distance piece or reciprocating pump replacement is required.

( g) Compressors in hydrogen service are exempt from the requirements of paragraphs ( a) and ( c) of this section if an owner or operator demonstrates that a compressor is in hydrogen service.

( 1) 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.

( 2) For a piece of equipment to be considered in hydrogen service, it must be determined that the percentage hydrogen content can be reasonably expected always to exceed 50 percent by volume.

( i) For purposes of determining the percentage hydrogen content in the process fluid that is contained in or contacts a compressor, the owner or operator shall use either:

( A) Procedures that conform to those specified in § 60.593( b)( 2) of 40 part 60, subpart GGG. 152 ( B) Engineering judgment to demonstrate that the percentage content exceeds 50 percent by volume, provided the engineering judgment demonstrates that the content clearly exceeds 50 percent by volume.

( 1) When an owner or operator and the Administrator do not agree on whether a piece of equipment is in hydrogen service, the procedures in paragraph ( g)( 2)( i)( A) of this section shall be used to resolve the disagreement.

( 2) If an owner or operator determines that a piece of equipment is in hydrogen service, the determination can be revised only by following the procedures in paragraph ( g)( 2)( i)( A) of this section.

( h) Each owner or operator of a source subject to the provisions of this subpart must maintain all records for a minimum of 5 years.

( i) Reciprocating compressors are exempt from seal requirements if recasting the distance piece or compressor replacement is required.

§ 63.649 Alternative means of emission limitation:

connectors in gas/ vapor service and light liquid service.

( a) If an owner or operator elects to monitor valves according to the provisions of § 63.648( c)( 2)( ii), the owner or operator shall implement one of the connector monitoring programs specified in paragraphs ( b), ( c), or ( d) of this section. 153 ( b) Random 200 connector alternative. The owner or operator shall implement a random sampling program for accessible connectors of 2.0 inches nominal diameter or greater. The program does not apply to inaccessible or unsafe to monitor connectors, as defined in § 63.174 of subpart H. The sampling program shall be implemented source wide.

( 1) Within the first 12 months after the phase III compliance date specified in § 63.640( h), a sample of 200 connectors shall be randomly selected and monitored using Method 21 of 40 CFR part 60, appendix A.

( 2) The instrument reading that defines a leak is 1,000 parts per million.

( 3) 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 paragraph ( e) of this section. A first attempt at repair shall be made no later than 5 calendar days after the leak is detected.

( 4) If a leak is detected, the connector shall be monitored for leaks within the first 3 months after its repair.

( 5) After conducting the initial survey required in paragraph ( b)( 1) of this section, the owner or operator shall conduct subsequent monitoring of connectors at the 154 frequencies specified in paragraphs ( b)( 5)( i)

through ( b)( 5)( iv) of this section.

( i) If the percentage leaking connectors is 2.0 percent or greater, the owner or operator shall survey a random sample of 200 connectors once every 6 months.

( ii) If the percentage leaking connectors is 1.0 percent or greater but less than 2.0 percent, the owner or operator shall survey a random sample of 200 connectors once per year.

( iii) If the percentage leaking connectors is 0.5 percent or greater but less than 1.0 percent, the owner or operator shall survey a random sample of 200 connectors once every 2 years.

( iv) If the percentage leaking connectors is less than 0.5 percent, the owner or operator shall survey a random sample of 200 connectors once every 4 years.

( 6) Physical tagging of the connectors to indicate that they are subject to the monitoring provisions is not required. Connectors may be identified by the area or length of pipe and need not be individually identified.

( c) Connector inspection alternative. The owner or operator shall implement a program to monitor all accessible connectors in gas/ vapor service that are 2.0 inches ( nominal diameter) or greater and inspect all accessible connectors in light liquid service that are 2 inches ( nominal diameter)

or greater as described in paragraphs ( c)( 1) through ( c)( 7) 155 of this section. The program does not apply to inaccessible or unsafe to monitor connectors.

( 1) Within 12 months after the phase III compliance date specified in § 63.640( h), all connectors in gas/ vapor service shall be monitored using Method 21 of 40 CFR part 60 appendix A. The instrument reading that defines a leak is 1,000 parts per million.

( 2) All connectors in light liquid service shall be inspected for leaks. A leak is detected if liquids are observed to be dripping at a rate greater than three drops per minute.

( 3) 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 paragraph ( e) of this section. A first attempt at repair shall be made no later than 5 calendar days after the leak is detected.

( 4) If a leak is detected, connectors in gas/ vapor service shall be monitored for leaks within the first 3 months after repair. Connectors in light liquid service shall be inspected for indications of leaks within the first 3 months after repair. A leak is detected if liquids are observed to be dripping at a rate greater than three drops per minute.

( 5) After conducting the initial survey required in paragraphs ( c)( 1) and ( c)( 2) of this section, the owner or 156 % CL  [ ( CL  CAN)/( Ct

CC)] x 100 operator shall conduct subsequent monitoring at the frequencies specified in paragraphs ( c)( 5)( i)

through ( c)( 5)( iii) of this section.

( i) If the percentage leaking connectors is 2.0 percent or greater, the owner or operator shall monitor or inspect, as applicable, the connectors once per year.

( ii) If the percentage leaking connectors is 1.0 percent or greater but less than 2.0 percent, the owner or operator shall monitor or inspect, as applicable, the connectors once every 2 years.

( iii) If the percentage leaking connectors is less than 1.0 percent, the owner or operator shall monitor or inspect, as applicable, the connectors once every 4 years.

( 6) The percentage leaking connectors shall be calculated for connectors in gas/ vapor service and for connectors in light liquid service. The data for the two groups of connectors shall not be pooled for the purpose of determining the percentage leaking connectors.

( i) The percentage leaking connectors shall be calculated as follows:

where:

% CL = Percentage leaking connectors.

CL = Number of connectors including nonrepairables, 157 measured at 1,000 parts per million or greater,

by Method 21 of 40 CFR part 60, appendix A.

CAN = Number of allowable nonrepairable connectors, as determined by monitoring, not to exceed 3 percent of the total connector population, Ct.

Ct = Total number of monitored connectors, including nonrepairables, in the process unit.

Cc = Optional credit for removed connectors = 0.67 x net number ( i. e., the total number of connectors removed minus the total added) of connectors in organic HAP service removed from the process unit after the applicability date set forth in § 63.640( h)( 4)( iii) for existing process units, and after the date of start up for new process units. If credits are not taken, then Cc = 0.

( ii) Nonrepairable connectors shall be included in the calculation of percentage leaking connectors the first time the connector is identified as leaking and nonrepairable.

Otherwise, a number of nonrepairable connectors up to a maximum of 1 percent per year of the total number of connectors in organic HAP service up to a maximum of 3 percent may be excluded from calculation of percentage leaking connectors for subsequent monitoring periods.

( iii) If the number of nonrepairable connectors exceeds 3 percent of the total number of connectors in 158 organic HAP service, the number of nonrepairable connectors exceeding 3 percent of the total number shall be included in the calculation of the percentage leaking connectors.

( 7) Physical tagging of the connectors to indicate that they are subject to the monitoring provisions is not required. Connectors may be identified by the area or length of pipe and need not be individually identified.

( d) Subpart H program. The owner or operator shall implement a program to comply with the provisions in § 63.174 of this part.

( e) Delay of repair of connectors for which leaks have been detected is allowed if repair is not technically feasible by normal repair techniques without a process unit shutdown. Repair of this equipment shall occur by the end of the next process unit shutdown.

( 1) Delay of repair is allowed for equipment that is isolated from the process and that does not remain in organic HAP service.

( 2) Delay of repair for connectors is also allowed if:

( i) The owner or operator determines that emissions of purged material resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair, and ( ii) When repair procedures are accomplished, the purged material would be collected and destroyed or recovered in a control device. 159 ( f) Any connector that is designated as an unsafe to repair connector is exempt from the requirements of paragraphs ( b)( 3) and ( b)( 4), ( c)( 3) and ( c)( 4), or ( d)

of this section if:

( 1) The owner or operator determines that repair personnel would be exposed to an immediate danger as a consequence of complying with paragraphs ( b)( 3) and ( b)( 4),

( c)( 3) and ( c)( 4), of this section; or ( 2) The connector will be repaired before the end of the next scheduled process unit shutdown.

( g) The owner or operator shall maintain records to document that the connector monitoring or inspections have been conducted as required and to document repair of leaking connectors as applicable.

§ 63.650 Gasoline loading rack provisions.

( a) Except as provided in paragraphs ( b) through ( c)

of this section, each owner or operator of a gasoline loading rack classified under Standard Industrial Classification code 2911 located within a contiguous area and under common control with a petroleum refinery shall comply with subpart R, § § 63.421, 63.422( a) through ( d),

63.425( a) through ( c), 63.425( e) through ( h), 63.427( a) and ( b), and 63.428( b), ( c), ( g)( 1), and ( h)( 1) through ( h)( 3).

( b) As used in this section, all terms not defined in § 63.641 shall have the meaning given them in subpart A or 160 in 40 CFR part 63, subpart R. The § 63.641 definition of " affected source" applies under this section.

( c) Gasoline loading racks regulated under this subpart are subject to the compliance dates specified in § 63.640( h).

§ 63.651 Marine tank vessel loading operation provisions.

( a) Except as provided in paragraphs ( b) through ( c)

of this section, each owner or operator of a marine tank vessel loading operation located at a petroleum refinery shall comply with the requirements of § § 63.560 through 63.567 of 40 CFR part 63, subpart Y.

( b) As used in this section, all terms not defined in § 63.641 shall have the meaning given them in subpart A or in 40 CFR part 63, subpart Y. The § 63.641 definition of " affected source" applies under this section.

( c) The Initial Notification Report under § 63.567( b)

is not required.

§ 63.652 Emissions averaging provisions.

( a) This section applies to owners or operators of existing sources who seek to comply with the emission standard in § 63.642( g) by using emissions averaging according to § 63.642( l) rather than following the provisions of § § 63.643 through 63.647, and § § 63.650 and 63.651. Existing marine tank vessel loading operations unable to comply with the standard by using emissions averaging are those marine tank vessels subject to 40 CFR 161 § 63.562( e) of this part and the Valdez Marine Terminal source.

( b) The owner or operator shall develop and submit for approval an Implementation Plan containing all of the information required in § 63.653( d) for all points to be included in an emissions average. The Implementation Plan shall identify all emission points to be included in the emissions average. This must include any Group 1 emission points to which the reference control technology ( defined in § 63.641) is not applied and all other emission points being controlled as part of the average.

( c) The following emission points can be used to generate emissions averaging credits if control was applied after November 15, 1990 and if sufficient information is available to determine the appropriate value of credits for the emission point:

( 1) Group 2 emission points;

( 2) Group 1 storage vessels, Group 1 wastewater streams, Group 1 gasoline loading racks, Group 1 marine tank vessels, and Group 1 miscellaneous process vents that are controlled by a technology that the Administrator or permitting authority agrees has a higher nominal efficiency than the reference control technology. Information on the nominal efficiencies for such technologies must be submitted and approved as provided in paragraph ( i) of this section;

and 162 ( 3) Emission points from which emissions are reduced by pollution prevention measures. Percentages of reduction for pollution prevention measures shall be determined as specified in paragraph ( j) of this section.

( i) For a Group 1 emission point, the pollution prevention measure must reduce emissions more than the reference control technology would have had the reference control technology been applied to the emission point instead of the pollution prevention measure except as provided in paragraph ( c)( 3)( ii) of this section.

( ii) If a pollution prevention measure is used in conjunction with other controls for a Group 1 emission point, the pollution prevention measure alone does not have to reduce emissions more than the reference control technology, but the combination of the pollution prevention measure and other controls must reduce emissions more than the reference control technology would have had it been applied instead.

( d) The following emission points cannot be used to generate emissions averaging credits:

( 1) Emission points already controlled on or before November 15, 1990 unless the level of control is increased after November 15, 1990, in which case credit will be allowed only for the increase in control after November 15, 1990; 163 ( 2) Group 1 emission points that are controlled by a reference control technology unless the reference control technology has been approved for use in a different manner and a higher nominal efficiency has been assigned according to the procedures in paragraph ( i) of this section. For example, it is not allowable to claim that an internal floating roof meeting only the specifications stated in the reference control technology definition in § 63.641 ( i. e.,

that meets the specifications of § 63.119( b) of subpart G but does not have controlled fittings per § 63.119( b)( 5) and ( b)( 6) of subpart G) applied to a storage vessel is achieving greater than 95 percent control;

( 3) Emission points on shutdown process units.

Process units that are shut down cannot be used to generate credits or debits;

( 4) Wastewater that is not process wastewater or wastewater streams treated in biological treatment units.

These two types of wastewater cannot be used to generate credits or debits. Group 1 wastewater streams cannot be left undercontrolled or uncontrolled to generate debits.

For the purposes of this section, the terms " wastewater" and " wastewater stream" are used to mean process wastewater; and ( 5) Emission points controlled to comply with a State or Federal rule other than this subpart, unless the level of control has been increased after November 15, 1990 above what is required by the other State or Federal rule. Only 164 the control above what is required by the other State or Federal rule will be credited. However, if an emission point has been used to generate emissions averaging credit in an approved emissions average, and the point is subsequently made subject to a State or Federal rule other than this subpart, the point can continue to generate emissions averaging credit for the purpose of complying with the previously approved average.

( e) For all points included in an emissions average,

the owner or operator shall:

( 1) Calculate and record monthly debits for all Group 1 emission points that are controlled to a level less stringent than the reference control technology for those emission points. Equations in paragraph ( g) of this section shall be used to calculate debits.

( 2) Calculate and record monthly credits for all Group 1 or Group 2 emission points that are overcontrolled to compensate for the debits. Equations in paragraph ( h) of this section shall be used to calculate credits. Emission points and controls that meet the criteria of paragraph ( c)

of this section may be included in the credit calculation,

whereas those described in paragraph ( d) of this section shall not be included.

( 3) Demonstrate that annual credits calculated according to paragraph ( h) of this section are greater than 165 or equal to debits calculated for the same annual compliance period according to paragraph ( g) of this section.

( i) The initial demonstration in the Implementation Plan that credit generating emission points will be capable of generating sufficient credits to offset the debits from the debit generating emission points must be made under representative operating conditions.

( ii) After the compliance date, actual operating data will be used for all debit and credit calculations.

( 4) Demonstrate that debits calculated for a quarterly ( 3 month) period according to paragraph ( g) of this section are not more than 1.30 times the credits for the same period calculated according to paragraph ( h) of this section.

Compliance for the quarter shall be determined based on the ratio of credits and debits from that quarter, with 30 percent more debits than credits allowed on a quarterly basis.

( 5) Record and report quarterly and annual credits and debits in the Periodic Reports as specified in § 63.654( g)( 8). Every fourth Periodic Report shall include a certification of compliance with the emissions averaging provisions as required by § 63.654( g)( 8)( iii).

( f) Debits and credits shall be calculated in accordance with the methods and procedures specified in paragraphs ( g) and ( h) of this section, respectively, and shall not include emissions from the following: 166 ( 1) More than 20 individual emission points. Where pollution prevention measures ( as specified in paragraph ( j)( 1) of this section) are used to control emission points to be included in an emissions average, no more than 25 emission points may be included in the average.

For example, if two emission points to be included in an emissions average are controlled by pollution prevention measures, the average may include up to 22 emission points.

( 2) Periods of startup, shutdown, and malfunction as described in the source's startup, shutdown, and malfunction plan required by § 63.6( e)( 3) of subpart A of this part.

( 3) For emission points for which continuous monitors are used, periods of excess emissions as defined in § 63.654( g)( 6)( i). For these periods, the calculation of monthly credits and debits shall be adjusted as specified in paragraphs ( f)( 3)( i) through ( f)( 3)( iii) of this section.

( i) No credits would be assigned to the creditgenerating emission point.

( ii) Maximum debits would be assigned to the debitgenerating emission point.

( iii) The owner or operator may use the procedures in paragraph ( l) of this section to demonstrate to the Administrator that full or partial credits or debits should be assigned.

( g) Debits are generated by the difference between the actual emissions from a Group 1 emission point that is 167 Debits =

n i  1 EPViACTUAL  ( 0.02) EPViu

n i  1 ( ESiACTUAL  ( 0.05) ESiu)

n i  1 ( EGLRiACTUAL  EGLRiC)

n i  1 ( EMViACTUAL  ( 0.03) EMViu) uncontrolled or is controlled to a level less stringent than the reference control technology, and the emissions allowed for Group 1 emission point. Debits shall be calculated as follows:

( 1) The overall equation for calculating sourcewide debits is:

where:

Debits and all terms of the equation are in units of megagrams per month, and EPViACTUAL = Emissions from each Group 1 miscellaneous process vent i that is uncontrolled or is controlled to a level less stringent than the reference control technology. This is calculated according to paragraph ( g)( 2) of this section.

( 0.02) EPViu = Emissions from each Group 1 miscellaneous process vent i if the 168 reference control technology had been applied to the uncontrolled emissions, calculated according to paragraph ( g)( 2) of this section.

ESiACTUAL = Emissions from each Group 1 storage vessel i that is uncontrolled or is controlled to a level less stringent than the reference control technology. This is calculated according to paragraph ( g)( 3) of this section.

( 0.05) ESiu = Emissions from each Group 1 storage vessel i if the reference control technology had been applied to the uncontrolled emissions, calculated according to paragraph ( g)( 3) of this section.

EGLRiACTUAL = Emissions from each Group 1 gasoline loading rack i that is uncontrolled or is controlled to a level less stringent than the reference control technology. This is calculated according to paragraph ( g)( 4) of this section.

EGLRic = Emissions from each Group 1 gasoline loading rack i if the 169 reference control technology had been applied to the uncontrolled emissions. This is calculated according to paragraph ( g)( 4) of this section.

EMVACTUAL = Emissions from each Group 1 marine tank vessel i that is uncontrolled or is controlled to a level less stringent than the reference control technology. This is calculated according to paragraph ( g)( 5) of this section.

( 0.03) EMViu = Emissions from each Group 1 marine tank vessel i if the reference control technology had been applied to the uncontrolled emissions calculated according to paragraph ( g)( 5) of this section.

n = The number of Group 1 emission points being included in the emissions average. The value of n is not necessarily the same for each kind of emission point.

( 2) Emissions from miscellaneous process vents shall be calculated as follows: 170 EPViu  ( 2.494 x 10  9) Qh

n j  1 Cj Mj ( i) For purposes of determining miscellaneous process vent stream flow rate, organic HAP concentrations, and temperature, the sampling site shall be after the final product recovery device, if any recovery devices are present; before any control device ( for miscellaneous process vents, recovery devices shall not be considered control devices); and before discharge to the atmosphere.

Method 1 or 1A of part 60, appendix A shall be used for selection of the sampling site.

( ii) The following equation shall be used for each miscellaneous process vent i to calculate EPViu:

where:

EPViu = Uncontrolled process vent emission rate from miscellaneous process vent i, megagrams per month.

Q = Vent stream flow rate, dry standard cubic meters per minute, measured using Methods 2,

2A, 2C, or 2D of part 60 appendix A, as appropriate. 171 h = Monthly hours of operation during which positive flow is present in the vent, hours per month.

Cj = Concentration, parts per million by volume,

dry basis, of organic HAP j as measured by Method 18 of part 60 appendix A.

Mj = Molecular weight of organic HAP j, gram per gram mole.

n = Number of organic HAP's in the miscellaneous process vent stream.

( A) The values of Q, Cj, and Mj shall be determined during a performance test conducted under representative operating conditions. The values of Q, Cj, and Mj shall be established in the Notification of Compliance Status report and must be updated as provided in paragraph ( g)( 2)( ii)( B)

of this section.

( B) If there is a change in capacity utilization other than a change in monthly operating hours, or if any other change is made to the process or product recovery equipment or operation such that the previously measured values of Q,

Cj, and Mj are no longer representative, a new performance test shall be conducted to determine new representative values of Q, Cj, and Mj. These new values shall be used to calculate debits and credits from the time of the change forward, and the new values shall be reported in the next Periodic Report. 172 EPViACTUAL  EPViu x 1  Percent reduction 100% ( iii) The following procedures and equations shall be used to calculate EPViACTUAL:

( A) If the vent is not controlled by a control device or pollution prevention measure, EPViACTUAL = EPViu, where EPViu is calculated according to the procedures in paragraphs ( g)( 2)( i) and ( g)( 2)( ii) of this section.

( B) If the vent is controlled using a control device or a pollution prevention measure achieving less than 98 percent reduction,

( 1) The percent reduction shall be measured according to the procedures in § 63.116 of subpart G if a combustion control device is used. For a flare meeting the criteria in § 63.116( a) of subpart G, or a boiler or process heater meeting the criteria in § 63.645( d) of this subpart or § 63.116( b) of subpart G, the percentage of reduction shall be 98 percent. If a noncombustion control device is used,

percentage of reduction shall be demonstrated by a performance test at the inlet and outlet of the device, or,

if testing is not feasible, by a control design evaluation and documented engineering calculations. 173 EGLRiu

( 1.20 x 10  7) SPMG T ( 2) For determining debits from miscellaneous process vents, product recovery devices shall not be considered control devices and cannot be assigned a percentage of reduction in calculating EPViACTUAL. The sampling site for measurement of uncontrolled emissions is after the final product recovery device.

( 3) Procedures for calculating the percentage of reduction of pollution prevention measures are specified in paragraph ( j) of this section.

( 3) Emissions from storage vessels shall be calculated as specified in § 63.150( g)( 3) of subpart G.

( 4) Emissions from gasoline loading racks shall be calculated as follows:

( i) The following equation shall be used for each gasoline loading rack i to calculate EGLRiu:

where:

EGLRiu = Uncontrolled transfer HAP emission rate from gasoline loading rack i, megagrams per month S = Saturation factor, dimensionless ( see table 33 of subpart G). 174 P

j  n 1 Pj Gj G P = Weighted average rack partial pressure of organic HAP's transferred at the rack during the month, kilopascals.

M = Weighted average molecular weight of organic HAP's transferred at the gasoline loading rack during the month, gram per gram mole.

G = Monthly volume of gasoline transferred from gasoline loading rack, liters per month.

T = Weighted rack bulk liquid loading temperature during the month, degrees kelvin ( degrees Celsius oC + 273).

( ii) The following equation shall be used for each gasoline loading rack i to calculate the weighted average rack partial pressure:

where:

Pj = Maximum true vapor pressure of individual organic HAP transferred at the rack,

kilopascals.

G = Monthly volume of organic HAP transferred,

liters per month, and 175 G

j  n 1 Gj M

j  n 1 Mj Gj G Gj = Monthly volume of individual organic HAP transferred at the gasoline loading rack,

liters per month.

n = Number of organic HAP's transferred at the gasoline loading rack.

( iii) The following equation shall be used for each gasoline loading rack i to calculate the weighted average rack molecular weight:

where:

Mj = Molecular weight of individual organic HAP transferred at the rack, gram per gram mole.

G, Gj, and n are as defined in paragraph ( g)( 4)( ii) of this section. 176 T

j  n 1 Tj Gj G EGLR ic

1 x 10  8 G ( iv) The following equation shall be used for each gasoline loading rack i to calculate the monthly weighted rack bulk liquid loading temperature:

Tj = Average annual bulk temperature of individual organic HAP loaded at the gasoline loading rack,

kelvin ( degrees Celsius oC + 273).

G, Gj, and n are as defined in paragraph ( g)( 4)( ii) of this section.

( v) The following equation shall be used to calculate EGLRic:

G is as defined in paragraph ( g)( 4)( ii) of this section.

( vi) The following procedures and equations shall be used to calculate EGLRiACTUAL:

( A) If the gasoline loading rack is not controlled,

EGLRiACTUAL = EGLRiu, where EGLRiu is calculated using the 177 EGLRiACTUAL  EGLRiu 1  Percent reduction 100% equations specified in paragraphs ( g)( 4)( i) through ( g)( 4)( iv) of this section.

( B) If the gasoline loading rack is controlled using a control device or a pollution prevention measure not achieving the requirement of less than 10 milligrams of TOC per liter of gasoline loaded,

( 1) The percent reduction for a control device shall be measured according to the procedures and test methods specified in § 63.128( a) of subpart G. If testing is not feasible, the percentage of reduction shall be determined through a design evaluation according to the procedures specified in § 63.128( h) of subpart G.

( 2) Procedures for calculating the percentage of reduction for pollution prevention measures are specified in paragraph ( j) of this section.

( 5) Emissions from marine tank vessel loading shall be calculated as follows:

( i) The following equation shall be used for each marine tank vessel i to calculate EMViu: 178 EMViu

m i

1 ( Qi)( Fi)( Pi)

where:

EMViu = Uncontrolled marine tank vessel HAP emission rate from marine tank vessel i, megagrams per month.

Qi = Quantity of commodity loaded ( per vessel type), liters.

Fi = Emission factor, megagrams per liter.

Pi = Percent HAP.

m = Number of combinations of commodities and vessel types loaded.

Emission factors shall be based on test data or emission estimation procedures specified in § 63.565( l) of subpart Y.

( ii) The following procedures and equations shall be used to calculate EMViACTUAL:

( A) If the marine tank vessel is not controlled,

EMViACTUAL = EMViu, where EMViu is calculated using the equations specified in paragraph ( g)( 5)( i) of this section.

( B) If the marine tank vessel is controlled using a control device or a pollution prevention measure achieving less than 97 percent reduction, 179 EMViACTUAL  EMViu 1  Percent reduction 100%

( 1) The percent reduction for a control device shall be measured according to the procedures and test methods specified in § 63.565( c) of subpart Y. If testing is not feasible, the percentage of reduction shall be determined through a design evaluation according to the procedures specified in § 63.128( h) of subpart G.

( 2) Procedures for calculating the percentage of reduction for pollution prevention measures are specified in paragraph ( j) of this section.