report and include information about leaking connectors in semi-annual
compliance reports. Affected facilities subject to subpart GGGa are
required to comply with the monitoring, recordkeeping, and reporting
requirements in subpart VVa except for the monitoring requirements
applicable to connectors (and the associated recordkeeping/reporting
requirements).
    The annual average burden for the information collection
requirements in 40 CFR part 60, subpart VVa is estimated at 7,194
labor-hours per year, with a total annual cost of $527,104 per year.
The hour burden is based on an estimated 29 hours per response on a
semi-annual basis by 76 respondents. Total capital/startup costs
associated with the monitoring equipment over the 3-year period of the
ICR are estimated at $4,200. The operation of the monitors is included
in the monitoring costs, and maintenance costs on these units are
incidental; therefore, no maintenance or operation costs are incurred.

    The annual average burden for the information collection
requirements in 40 CFR part 60, subpart GGGa is estimated at 4,216
labor-hours per year, with a total annual cost of $330,353 per year.
The hour burden is based on an estimated 70 hours per response on a
semi-annual basis by 20 respondents. No capital/startup costs or
operation and maintenance costs are associated with the information
collection requirements.
    Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the Agency will publish a technical amendment for the
approved information collection requirements contained in the new
standards.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedures Act or any other statute unless the agency certifies that
the rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the final amendments and
new standards on small entities, small entity is defined as: (1) A
small business according to Small Business Administration size
standards by the North American Industry Classification System (NAICS)
category of the owning entity; (2) a small governmental jurisdiction
that is a government of a city, county, town, school district or
special district with a population of less than 50,000; and (3) a small
organization that is any not-for-profit enterprise that is
independently owned and operated and is not dominant in its field. For
the SOCMI, a small business ranges from less than 500 employees to less
than 1,000 employees, depending on the NAICS code. For petroleum
refiners, a small business has no more than 1,500 employees and a crude
oil distillation capacity of no more than 125,000 barrels per calendar
day.
    After considering the economic impacts of these final amendments on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. We have
determined that no facilities subject to the final amendments to the
standards of performance for the SOCMI (40 CFR part 60, subpart VV) and
petroleum refineries (40 CFR part 60, subpart GGG), including small
businesses, will incur any adverse impacts because the final amendments
do not create any new requirements or burdens. The final amendments
include only clarifications, burden-reducing provisions, and new
compliance options. We have determined that no facilities, large or
small, subject to the new standards of performance for the SOCMI (40
CFR part 60, subpart VVa) or petroleum refineries (40 CFR part 60,
subpart GGGa) will incur any economic impact greater than 0.3 percent
of their revenues. For more information on the results of the analysis
of small entity impacts, please refer to the economic impact analysis
for the final amendments and new standards in Docket ID No. EPA-HQ-OAR-
2006-0699.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
1 year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including tribal
governments, it must have developed under section 203 of the UMRA a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    EPA has determined that this final action does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. As discussed earlier in this preamble, no
costs are associated with the final amendments, which contain only
clarifications, burden-reducing provisions, and new compliance options.
For the new standards, the estimated annual expenditures for the
private sector in the fifth year after proposal are $821,000 for SOCMI
and $26,000 for petroleum refineries. Thus, the final amendments and
the new standards are not subject to the requirements of sections 202
and 205 of the UMRA.
    In addition, EPA has determined that the final action contains no
regulatory requirements that might significantly or uniquely affect
small governments. The final action contains no requirements that apply
to such governments, imposes no obligations upon them, and will not
result in expenditures by them of $100 million or more in any 1 year or
any disproportionate impacts on them. Therefore, the final action is
not subject to the requirements of section 203 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by state and local officials in the
development of

regulatory policies that have federalism implications.'' ``Policies
that have federalism implications'' is defined in the Executive Order
to include regulations that have ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.''
    The final action does not have federalism implications. The final
amendments and the new standards will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government, as specified
in Executive Order 13132. None of the affected facilities are owned or
operated by State governments. Thus, Executive Order 13132 does not
apply to this final action.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' The final action does not
have tribal implications, as specified in Executive Order 13175. The
final amendments and the new standards will not have substantial direct
effects on tribal governments, on the relationship between the Federal
government and Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes, as
specified in Executive Order 13175. Thus, Executive Order 13175 does
not apply to this final action.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    Executive Order 13045, entitled ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), applies to any rule that: (1) Is determined to be ``economically
significant'' as defined under Executive Order 12866, and (2) concerns
an environmental health or safety risk that EPA has reason to believe
may have a disproportionate effect on children. If the regulatory
action meets both criteria, the Agency must evaluate the environmental
health or safety effects of the planned rule on children, and explain
why the planned regulation is preferable to other potentially effective
and reasonably feasible alternatives considered by the Agency.
    EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This final action is not
subject to Executive Order 13045 because the final amendments and the
new standards are based on technology performance and not on health or
safety risks.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This final action is not a ``significant energy action'' as defined
in Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this final action is not likely to have any
adverse energy effects. The final action will not have any significant
or adverse energy impacts because no additional pollution controls or
other equipment that consume energy are required by the final
amendments or new standards.

I. National Technology Transfer and Advancement Act

    As noted in the proposal, section 12(d) of the National Technology
Transfer and Advancement Act (NTTAA) of 1995 (Public Law No. 104-113,
12(d) (15 U.S.C. 272 note), directs EPA to use voluntary consensus
standards (VCS) in its regulatory activities, unless to do so would be
inconsistent with applicable law or otherwise impractical. VCS are
technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by VCS bodies. The NTTAA directs EPA to provide Congress,
through OMB, explanations when the Agency decides not to use available
and applicable VCS.
    This rulemaking involves technical standards. The EPA cites the
following methods: EPA Method 2, 2A, 2C, 2D, 18, 21, and 22 of 40 CFR
part 60, appendix A.
    In addition, the EPA cites the following ASTM methods that are also
VCS: ASTM E260-73, E260-91, E260-96 (reapproved 2006), E168-67, E168-
77, E168-92, E169-63, E169-77, and E169-93 when determining if a piece
of equipment is in VOC service; ASTM D2879-83, D2879-96, and D2879-97
(reapproved 2007) when determining if a piece of equipment is in light
liquid service, and ASTM D2504-67, D2504-77, D2504-88 (reapproved
1993), D2382-76, D2382-88, and D4809-95 when determining the maximum
permitted velocity for air-assisted flares; ASTM E260-73, E260-91,
E260-96, E168-67, E168-77, E168-92, E169-63, E169-77, and E169-93 when
determining if a piece of equipment is in hydrogen service; and ASTM
D86-78, D86-82, D86-90, D86-95, and D86-96 when determining if a piece
of equipment is in light liquid service. These VCS will be incorporated
by reference into Sec.  60.17.
    Consistent with the NTTAA, EPA conducted searches to identify VCS
in addition to these EPA methods. No applicable VCS were identified for
EPA Methods 2A, 2D, 21, and 22. The search and review results are in
the docket for this rule.
    The search identified one VCS as an acceptable alternative to an
EPA Method. The standard ASTM D6420-99 (2004), ``Test Method for
Determination of Gaseous Organic Compounds by Direct Interface Gas
Chromatography/Mass Spectrometry,'' is cited in this rule as an
alternative to EPA Method 18 for measuring gaseous organic HAP.
    Similar to EPA's performance-based Method 18, ASTM D6420-99 is also
a performance-based method for measurement of gaseous organic
compounds. However, ASTM D6420-99 was written to support the specific
use of highly portable and automated gas chromatography (GC)/mass
spectrometry (MS). While offering advantages over the traditional EPA
Method 18, the ASTM method does allow some less stringent criteria for
accepting GC/MS results than required by EPA Method 18. Therefore, ASTM
D6420-99 is a suitable alternative to EPA Method 18 only where:
    (1) The target compound(s) are those listed in Section 1.1 of ASTM
D6420-99, and
    (2) The target concentration is between 150 parts per billion by
volume and 100 ppmv.
    For target compound(s) not listed in Section 1.1 of ASTM D6420-99,
but potentially detected by mass spectrometry, the regulation specifies
that the additional system continuing calibration check after each run,
as detailed in Section 10.5.3 of the ASTM method, must be followed,
met, documented, and submitted with the data report even if there is no
moisture condenser used or the compound is not considered water
soluble. For target

compound(s) not listed in Section 1.1 of ASTM D6420-99, and not
amenable to detection by mass spectrometry, ASTM D6420-99 does not
apply.
    As a result, EPA will cite ASTM D6420-99 in this rule. The EPA will
also cite EPA Method 18 as a GC option in addition to ASTM D6420-99.
This will allow the continued use of GC configurations other than GC/
MS.
    The search for emissions measurement procedures identified four
other VCS. The EPA determined that these four standards identified for
measuring emissions of the HAP or surrogates subject to emission
standards in this rule were impractical alternatives to EPA test
methods for the purposes of this rule. Therefore, EPA does not intend
to adopt these standards for this purpose. The reasons for the
determinations for the four methods are discussed in the docket to this
rule.
    A source may apply to EPA for permission to use alternative test
methods or alternative monitoring requirements in place of any required
testing methods, performance specifications, or procedures. Potential
standards are reviewed to determine if they meet the requirements of
EPA Method 301 for accepting alternative methods or scientific,
engineering, and policy equivalence to procedures in EPA reference
methods.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final action will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations. The final amendments to
the standards of performance for SOCMI (40 CFR part 60, subpart VV) and
petroleum refineries (40 CFR part 60, subpart GGG) are comprised of
clarifications, burden-reducing provisions, and new compliance options
that do not affect the current level of control at facilities subject
these rules. The new standards of performance for SOCMI (40 CFR part
60, subpart VVa) and petroleum refineries (40 CFR part 60, subpart
GGGa) will increase the level of environmental protection for all
affected populations without having any disproportionately high and
adverse human health or environmental effects on any population,
including any minority or low-income population. The new subparts will
increase the stringency of the standards of performance by reducing the
leak definitions for certain pumps and valves, and subpart VVa will
increase the stringency further by requiring the monitoring of certain
connectors.

K. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of Congress and to the Comptroller General
of the United States. EPA will submit a report containing this final
action and other required information to the United States Senate, the
United States House of Representatives, and the Comptroller General of
the United States prior to publication of the final action in the
Federal Register. A major rule cannot take effect until 60 days after
it is published in the Federal Register. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2). This final rule is effective on
November 16, 2007.

List of Subjects

40 CFR Part 60

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements.

40 CFR Part 63

    Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations.

    Dated: October 31, 2007.
Stephen L. Johnson,
Administrator.

0
For the reasons cited in the preamble, title 40, chapter I, parts 60
and 63 of the Code of Federal Regulations are amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

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

Subpart A--[Amended]

0
2. Section 60.17 is amended by revising paragraphs (a)(7), (35), (36),
(41), (70), (88), (89), and (90) to read as follows:

Sec.  60.17  Incorporations by reference.

* * * * *
    (a) * * *
    (7) ASTM D86-78, 82, 90, 93, 95, 96, Distillation of Petroleum
Products, IBR approved for Sec. Sec.  60.562-2(d), 60.593(d),
60.593a(d), and 60.633(h).
* * * * *
    (35) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by
Bomb Calorimeter (High-Precision Method), IBR approved for Sec. Sec.
60.18(f)(3), 60.485(g)(6), 60.485a(g)(6), 60.564(f)(3), 60.614(e)(4),
60.664(e)(4), and 60.704(d)(4).
    (36) ASTM D2504-67, 77, 88 (Reapproved 1993), Noncondensable Gases
in C3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR
approved for Sec. Sec.  60.485(g)(5) and 60.485a(g)(5).
* * * * *
    (41) ASTM D2879-83, 96, 97, Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope, IBR approved for Sec. Sec.  60.111b(f)(3),
60.116b(e)(3)(ii), 60.116b(f)(2)(i), 60.485(e)(1), and 60.485a(e)(1).
* * * * *
    (70) ASTM D4809-95, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR
approved for Sec. Sec.  60.18(f)(3), 60.485(g)(6), 60.485a(g)(6),
60.564(f)(3), 60.614(d)(4), 60.664(e)(4), and 60.704(d)(4).
* * * * *
    (88) ASTM E168-67, 77, 92, General Techniques of Infrared
Quantitative Analysis, IBR approved for Sec. Sec.  60.485a(d)(1),
60.593(b)(2), 60.593a(b)(2), and 60.632(f).
    (89) ASTM E169-63, 77, 93, General Techniques of Ultraviolet
Quantitative Analysis, IBR approved for Sec. Sec.  60.485a(d)(1),
60.593(b)(2), 60.593a(b)(2), and 60.632(f).
    (90) ASTM E260-73, 91, 96, General Gas Chromatography Procedures,
IBR approved for Sec. Sec.  60.485a(d)(1), 60.593(b)(2), 60.593a(b)(2),
and 60.632(f).
* * * * *

Subpart VV--Standards of Performance for Equipment Leaks of VOC in
the Synthetic Organic Chemicals Manufacturing Industry for which
Construction, Reconstruction, or Modification Commenced After
January 5, 1981, and on or Before November 7, 2006

0
3. The heading for Subpart VV is revised as set out above.
0
4. Section 60.480 is amended by revising paragraphs (b), (d)(2) through
(d)(5), and (e) to read as follows:

Sec.  60.480  Applicability and designation of affected facility.

* * * * *
    (b) Any affected facility under paragraph (a) of this section that
commences construction, reconstruction, or modification after January
5, 1981, and on or before November 7, 2006, shall be subject to the
requirements of this subpart.
* * * * *
    (d) * * *
    (2) Any affected facility that has the design capacity to produce
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec.
60.489 is exempt from Sec. Sec.  60.482-1 through 60.482-10.
    (3) If an affected facility produces heavy liquid chemicals only
from heavy liquid feed or raw materials, then it is exempt from
Sec. Sec.  60.482-1 through 60.482-10.
    (4) Any affected facility that produces beverage alcohol is exempt
from Sec. Sec.  60.482-1 through 60.482-10.
    (5) Any affected facility that has no equipment in volatile organic
compounds (VOC) service is exempt from Sec. Sec.  60.482-1 through
60.482-10.
    (e) Alternative means of compliance-- (1) Option to comply with
part 65. (i) Owners or operators may choose to comply with the
provisions of 40 CFR part 65, subpart F, to satisfy the requirements of
Sec. Sec.  60.482 through 60.487 for an affected facility. When
choosing to comply with 40 CFR part 65, subpart F, the requirements of
Sec.  60.485(d), (e), and (f) and Sec.  60.486(i) and (j) still apply.
Other provisions applying to an owner or operator who chooses to comply
with 40 CFR part 65 are provided in 40 CFR 65.1.
    (ii) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart F must also comply with Sec. Sec.  60.1,
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that
equipment. All sections and paragraphs of subpart A of this part that
are not mentioned in this paragraph (e)(1)(ii) do not apply to owners
and operators of equipment subject to this subpart complying with 40
CFR part 65, subpart F, except that provisions required to be met prior
to implementing 40 CFR part 65 still apply. Owners and operators who
choose to comply with 40 CFR part 65, subpart F, must comply with 40
CFR part 65, subpart A.
    (2) Subpart VVa. Owners or operators may choose to comply with the
provisions of subpart VVa of this part 60 to satisfy the requirements
of this subpart VV for an affected facility.

0
5. Section 60.481 is amended by:
0
a. In the definition of ``Capital expenditure'' remove the table
heading in paragraph (a)(3) and add in its place the heading ``Table
for Determining Applicable Value for B'';
0
b. Revising the definitions for the terms ``Connector,'' ``First
attempt at repair,'' ``Hard piping,'' ``Process unit,'' ``Process unit
shutdown,'' and ``Repaired''; and
0
c. Adding, in alphabetical order, new definitions for the terms
``Closed-loop system,'' ``Closed-purge system,'' ``Storage vessel,''
and ``Transfer rack'' to read as follows:

Sec.  60.481  Definitions.

* * * * *
    Closed-loop system means an enclosed system that returns process
fluid to the process.
    Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers for purged
liquids must be covered or closed when not being filled or emptied.
* * * * *
    Connector means flanged, screwed, or other joined fittings used to
connect two pipe lines or a pipe line and a piece of process equipment
or that close an opening in a pipe that could be connected to another
pipe. Joined fittings welded completely around the circumference of the
interface are not considered connectors for the purpose of this
subpart.
* * * * *
    First attempt at repair means to take action for the purpose of
stopping or reducing leakage of organic material to the atmosphere
using best practices.
* * * * *
    Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgment and standards such as ASME
B31.3, Process Piping (available from the American Society of
Mechanical Engineers, PO Box 2300, Fairfield, NJ 07007-2300).
* * * * *
    Process unit means the components assembled and connected by pipes
or ducts to process raw materials and to produce, as intermediate or
final products, one or more of the chemicals listed in Sec.  60.489. A
process unit can operate independently if supplied with sufficient feed
or raw materials and sufficient storage facilities for the product. For
the purpose of this subpart, process unit includes any feed,
intermediate and final product storage vessels (except as specified in
Sec.  60.482-1(g)), product transfer racks, and connected ducts and
piping. A process unit includes all equipment as defined in this
subpart.
    Process unit shutdown means a work practice or operational
procedure that stops production from a process unit or part of a
process unit during which it is technically feasible to clear process
material from a process unit or part of a process unit consistent with
safety constraints and during which repairs can be accomplished. The
following are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that
stops production from a process unit or part of a process unit for less
than 24 hours.
    (2) An unscheduled work practice or operational procedure that
would stop production from a process unit or part of a process unit for
a shorter period of time than would be required to clear the process
unit or part of the process unit of materials and start up the unit,
and would result in greater emissions than delay of repair of leaking
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing
of equipment without stopping production.
* * * * *
    Repaired means that equipment is adjusted, or otherwise altered, in
order to eliminate a leak as defined in the applicable sections of this
subpart and, except for leaks identified in accordance with Sec. Sec.
60.482-2(b)(2)(ii) and (d)(6)(ii) and (iii), 60.482-3(f), and 60.482-
10(f)(1)(ii), is re-monitored as specified in Sec.  60.485(b) to verify
that emissions from the equipment are below the applicable leak
definition.
* * * * *
    Storage vessel means a tank or other vessel that is used to store
organic liquids that are used in the process as raw material
feedstocks, produced as intermediates or final products, or generated
as wastes. Storage vessel does not include vessels permanently attached
to motor vehicles, such as trucks, railcars, barges, or ships.
* * * * *
    Transfer rack means the collection of loading arms and loading
hoses, at a

single loading rack, that are used to fill tank trucks and/or railcars
with organic liquids.
* * * * *

0
6. Section 60.482-1 is amended by adding paragraphs (e), (f), and (g)
to read as follows:

Sec.  60.482-1  Standards: General.

* * * * *
    (e) Equipment that an owner or operator designates as being in VOC
service less than 300 hours (hr)/yr is excluded from the requirements
of Sec. Sec.  60.482-2 through 60.482-10 if it is identified as
required in Sec.  60.486(e)(6) and it meets any of the conditions
specified in paragraphs (e)(1) through (3) of this section.
    (1) The equipment is in VOC service only during startup and
shutdown, excluding startup and shutdown between batches of the same
campaign for a batch process.
    (2) The equipment is in VOC service only during process
malfunctions or other emergencies.
    (3) The equipment is backup equipment that is in VOC service only
when the primary equipment is out of service.
    (f)(1) If a dedicated batch process unit operates less than 365
days during a year, an owner or operator may monitor to detect leaks
from pumps and valves at the frequency specified in the following table
instead of monitoring as specified in Sec. Sec.  60.482-2, 60.482-7,
and 60.483-2:

----------------------------------------------------------------------------------------------------------------
                                                      Equivalent monitoring frequency time in use
   Operating time (percent of hours   --------------------------------------------------------------------------
             during year)                      Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to < 25.............................  Quarterly..............  Annually...............  Annually.
25 to < 50............................  Quarterly..............  Semiannually...........  Annually.
50 to < 75............................  Bimonthly..............  Three quarters.........  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------

    (2) Pumps and valves that are shared among two or more batch
process units that are subject to this subpart may be monitored at the
frequencies specified in paragraph (f)(1) of this section, provided the
operating time of all such process units is considered.
    (3) The monitoring frequencies specified in paragraph (f)(1) of
this section are not requirements for monitoring at specific intervals
and can be adjusted to accommodate process operations. An owner or
operator may monitor at any time during the specified monitoring period
(e.g., month, quarter, year), provided the monitoring is conducted at a
reasonable interval after completion of the last monitoring campaign.
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv)
of this section.
    (i) When monitoring is conducted quarterly, monitoring events must
be separated by at least 30 calendar days.
    (ii) When monitoring is conducted semiannually (i.e., once every 2
quarters), monitoring events must be separated by at least 60 calendar
days.
    (iii) When monitoring is conducted in 3 quarters per year,
monitoring events must be separated by at least 90 calendar days.
    (iv) When monitoring is conducted annually, monitoring events must
be separated by at least 120 calendar days.
    (g) If the storage vessel is shared with multiple process units,
the process unit with the greatest annual amount of stored materials
(predominant use) is the process unit the storage vessel is assigned
to. If the storage vessel is shared equally among process units, and
one of the process units has equipment subject to subpart VVa of this
part, the storage vessel is assigned to that process unit. If the
storage vessel is shared equally among process units, none of which
have equipment subject to subpart VVa of this part, the storage vessel
is assigned to any process unit subject to this subpart. If the
predominant use of the storage vessel varies from year to year, then
the owner or operator must estimate the predominant use initially and
reassess every 3 years. The owner or operator must keep records of the
information and supporting calculations that show how predominant use
is determined. All equipment on the storage vessel must be monitored
when in VOC service.

0
7. Section 60.482-2 is amended by:
0
a. Revising paragraph (a);
0
b. Revising paragraph(b)(2);
0
c. Revising paragraph (c)(2);
0
d. Revising paragraphs (d) introductory text, (d)(1)(ii), (d)(4),
(d)(5), and (d)(6); and
0
e. Revising paragraph (e) introductory text to read as follows:

Sec.  60.482-2  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly
to detect leaks by the methods specified in Sec.  60.485(b), except as
provided in Sec.  60.482-1(c) and (f) and paragraphs (d), (e), and (f)
of this section. A pump that begins operation in light liquid service
after the initial startup date for the process unit must be monitored
for the first time within 30 days after the end of its startup period,
except for a pump that replaces a leaking pump and except as provided
in Sec.  60.482-1(c) and (f) and paragraphs (d), (e), and (f) of this
section.
    (2) Each pump in light liquid service shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal, except as provided in Sec.  60.482-1(f).
    (b) * * *
    (2) If there are indications of liquids dripping from the pump
seal, the owner or operator shall follow the procedure specified in
either paragraph (b)(2)(i) or (ii) of this section. This requirement
does not apply to a pump that was monitored after a previous weekly
inspection if the instrument reading for that monitoring event was less
than 10,000 ppm and the pump was not repaired since that monitoring
event.
    (i) Monitor the pump within 5 days as specified in Sec.  60.485(b).
If an instrument reading of 10,000 ppm or greater is measured, a leak
is detected. The leak shall be repaired using the procedures in
paragraph (c) of this section.
    (ii) Designate the visual indications of liquids dripping as a
leak, and repair the leak within 15 days of detection by eliminating
the visual indications of liquids dripping.
    (c) * * *
    (2) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected. First attempts at repair
include, but are not limited to, the practices described in paragraphs
(c)(2)(i) and (ii) of this section, where practicable.
    (i) Tightening the packing gland nuts;
    (ii) Ensuring that the seal flush is operating at design pressure
and temperature.
    (d) Each pump equipped with a dual mechanical seal system that
includes a barrier fluid system is exempt from the requirements of
paragraph (a) of this section, provided the requirements specified in
paragraphs (d)(1) through (6) of this section are met.

    (1) * * *
    (ii) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of Sec.
60.482-10; or
* * * * *
    (4)(i) Each pump is checked by visual inspection, each calendar
week, for indications of liquids dripping from the pump seals.
    (ii) If there are indications of liquids dripping from the pump
seal at the time of the weekly inspection, the owner or operator shall
follow the procedure specified in either paragraph (d)(4)(ii)(A) or (B)
of this section.
    (A) Monitor the pump within 5 days as specified in Sec.  60.485(b)
to determine if there is a leak of VOC in the barrier fluid. If an
instrument reading of 10,000 ppm or greater is measured, a leak is
detected.
    (B) Designate the visual indications of liquids dripping as a leak.
    (5)(i) Each sensor as described in paragraph (d)(3) of this section
is checked daily or is equipped with an audible alarm.
    (ii) The owner or operator determines, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
    (iii) If the sensor indicates failure of the seal system, the
barrier fluid system, or both, based on the criterion established in
paragraph (d)(5)(ii) of this section, a leak is detected.
    (6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A)
of this section, it shall be repaired as specified in paragraph (c) of
this section.
    (ii) A leak detected pursuant to paragraph (d)(5)(iii) of this
section shall be repaired within 15 days of detection by eliminating
the conditions that activated the sensor.
    (iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this
section shall be repaired within 15 days of detection by eliminating
visual indications of liquids dripping.
    (e) Any pump that is designated, as described in Sec.  60.486(e)(1)
and (2), for no detectable emissions, as indicated by an instrument
reading of less than 500 ppm above background, is exempt from the
requirements of paragraphs (a), (c), and (d) of this section if the
pump:
* * * * *

0
8. Section 60.482-3 is amended by revising paragraphs (a) and (j) to
read as follows:

Sec.  60.482-3  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that
includes a barrier fluid system and that prevents leakage of VOC to the
atmosphere, except as provided in Sec.  60.482-1(c) and paragraphs (h),
(i), and (j) of this section.
* * * * *
    (j) Any existing reciprocating compressor in a process unit which
becomes an affected facility under provisions of Sec.  60.14 or Sec.
60.15 is exempt from paragraphs (a) through (e) and (h) of this
section, provided the owner or operator demonstrates that recasting the
distance piece or replacing the compressor are the only options
available to bring the compressor into compliance with the provisions
of paragraphs (a) through (e) and (h) of this section.

0
9. Section 60.482-5 is amended by revising paragraphs (a) and (b) to
read as follows:

Sec.  60.482-5  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a
closed-purge, closed-loop, or closed-vent system, except as provided in
Sec.  60.482-1(c) and paragraph (c) of this section.
    (b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall comply with the
requirements specified in paragraphs (b)(1) through (4) of this
section.
    (1) Gases displaced during filling of the sample container are not
required to be collected or captured.
    (2) Containers that are part of a closed-purge system must be
covered or closed when not being filled or emptied.
    (3) Gases remaining in the tubing or piping between the closed-
purge system valve(s) and sample container valve(s) after the valves
are closed and the sample container is disconnected are not required to
be collected or captured.
    (4) Each closed-purge, closed-loop, or closed-vent system shall be
designed and operated to meet requirements in either paragraph
(b)(4)(i), (ii), (iii), or (iv) of this section.
    (i) Return the purged process fluid directly to the process line.
    (ii) Collect and recycle the purged process fluid to a process.
    (iii) Capture and transport all the purged process fluid to a
control device that complies with the requirements of Sec.  60.482-10.
    (iv) Collect, store, and transport the purged process fluid to any
of the following systems or facilities:
    (A) A waste management unit as defined in Sec.  63.111, if the
waste management unit is subject to and operated in compliance with the
provisions of 40 CFR part 63, subpart G, applicable to Group 1
wastewater streams;
    (B) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266;
    (C) A facility permitted, licensed, or registered by a state to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261;
    (D) A waste management unit subject to and operated in compliance
with the treatment requirements of Sec.  61.348(a), provided all waste
management units that collect, store, or transport the purged process
fluid to the treatment unit are subject to and operated in compliance
with the management requirements of Sec. Sec.  61.343 through 61.347;
or
    (E) A device used to burn off-specification used oil for energy
recovery in accordance with 40 CFR part 279, subpart G, provided the
purged process fluid is not hazardous waste as defined in 40 CFR part
261.
* * * * *

0
10. Section 60.482-6 is amended by revising paragraph (a)(1) to read as
follows:

Sec.  60.482-6  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap,
blind flange, plug, or a second valve, except as provided in Sec.
60.482-1(c) and paragraphs (d) and (e) of this section.
* * * * *

0
11. Section 60.482-7 is amended by revising paragraphs (a) and (c)(1)
to read as follows:

Sec.  60.482-7  Standards: Valves in gas/vapor service and in light
liquid service.

    (a)(1) Each valve shall be monitored monthly to detect leaks by the
methods specified in Sec.  60.485(b) and shall comply with paragraphs
(b) through (e) of this section, except as provided in paragraphs (f),
(g), and (h) of this section, Sec.  60.482-1(c) and (f), and Sec. Sec.
60.483-1 and 60.483-2.
    (2) A valve that begins operation in gas/vapor service or light
liquid service after the initial startup date for the process unit must
be monitored according to paragraphs (a)(2)(i) or (ii), except for a
valve that replaces a leaking valve and except as provided in
paragraphs (f), (g), and (h) of this section, Sec.  60.482-1(c), and
Sec. Sec.  60.483-1 and 60.483-2.
    (i) Monitor the valve as in paragraph (a)(1) of this section. The
valve must be

monitored for the first time within 30 days after the end of its
startup period to ensure proper installation.
    (ii) If the valves on the process unit are monitored in accordance
with Sec.  60.483-1 or Sec.  60.483-2, count the new valve as leaking
when calculating the percentage of valves leaking as described in Sec.
60.483-2(b)(5). If less than 2.0 percent of the valves are leaking for
that process unit, the valve must be monitored for the first time
during the next scheduled monitoring event for existing valves in the
process unit or within 90 days, whichever comes first.
* * * * *
    (c)(1)(i) Any valve for which a leak is not detected for 2
successive months may be monitored the first month of every quarter,
beginning with the next quarter, until a leak is detected.
    (ii) As an alternative to monitoring all of the valves in the first
month of a quarter, an owner or operator may elect to subdivide the
process unit into 2 or 3 subgroups of valves and monitor each subgroup
in a different month during the quarter, provided each subgroup is
monitored every 3 months. The owner or operator must keep records of
the valves assigned to each subgroup.
* * * * *

0
12. Section 60.482-8 is amended by revising paragraphs (a)(2) and (d)
to read as follows:

Sec.  60.482-8  Standards: Pumps and valves in heavy liquid service,
pressure relief devices in light liquid or heavy liquid service, and
connectors.

    (a) * * *
    (2) The owner or operator shall eliminate the visual, audible,
olfactory, or other indication of a potential leak within 5 calendar
days of detection.
* * * * *
    (d) First attempts at repair include, but are not limited to, the
best practices described under Sec. Sec.  60.482-2(c)(2) and 60.482-
7(e).

0
13. Section 60.482-9 is amended by revising paragraph (a) and adding
paragraph (f) to read as follows:

Sec.  60.482-9  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected
will be allowed if repair within 15 days is technically infeasible
without a process unit shutdown. Repair of this equipment shall occur
before the end of the next process unit shutdown. Monitoring to verify
repair must occur within 15 days after startup of the process unit.
* * * * *
    (f) When delay of repair is allowed for a leaking pump or valve
that remains in service, the pump or valve may be considered to be
repaired and no longer subject to delay of repair requirements if two
consecutive monthly monitoring instrument readings are below the leak
definition.

0
14. Section 60.483-1 is amended by revising paragraph (d) to read as
follows:

Sec.  60.483-1  Alternative standards for valves--allowable percentage
of valves leaking.

* * * * *
    (d) Owners and operators who elect to comply with this alternative
standard shall not have an affected facility with a leak percentage
greater than 2.0 percent, determined as described in Sec.  60.485(h).

0
15. Section 60.483-2 is amended by revising paragraph (b)(5) and adding
paragraph (b)(7) to read as follows:

Sec.  60.483-2  Alternative standards for valves--skip period leak
detection and repair.

* * * * *
    (b) * * *
    (5) The percent of valves leaking shall be determined as described
in Sec.  60.485(h).
* * * * *
    (7) A valve that begins operation in gas/vapor service or light
liquid service after the initial startup date for a process unit
following one of the alternative standards in this section must be
monitored in accordance with Sec.  60.482-7(a)(2)(i) or (ii) before the
provisions of this section can be applied to that valve.

0
16. Section 60.484 is amended by:
0
a. Removing the word ``equivalance'' and adding in its place the word
``equivalence'' in paragraph (a); and
0
b. Revising paragraph (b)(2) to read as follows:

Sec.  60.484  Equivalence of means of emission limitation.

* * * * *
    (b) * * *
    (2) The Administrator will compare test data for demonstrating
equivalence of the means of emission limitation to test data for the
equipment, design, and operational requirements.
* * * * *

0
17. Section 60.485 is amended by:
0
a. Revising paragraph (b) introductory text;
0
b. Revising paragraphs (e) introductory text, (e)(1) and (e)(2);
0
c. Revising paragraphs (g)(4) and (5); and
0
d. Adding paragraph (h) to read as follows:

Sec.  60.485  Test methods and procedures.

* * * * *
    (b) The owner or operator shall determine compliance with the
standards in Sec. Sec.  60.482-1 through 60.482-10, 60.483, and 60.484
as follows:
* * * * *
    (e) The owner or operator shall demonstrate that a piece of
equipment is in light liquid service by showing that all the following
conditions apply:
    (1) The vapor pressure of one or more of the organic components is
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68
[deg]F). Standard reference texts or ASTM D2879-83, 96, or 97
(incorporated by reference--see Sec.  60.17) shall be used to determine
the vapor pressures.
    (2) The total concentration of the pure organic components having a
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in.
H2O at 68 [deg]F) is equal to or greater than 20 percent by
weight.
* * * * *
    (g) * * *
    (4) The net heating value (HT) of the gas being
combusted in a flare shall be computed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR16NO07.039

Where:

K = Conversion constant, 1.740 x 10-\7\ (g-mole)(MJ)/
(ppm-scm-kcal) (metric units) = 4.674 x 10-\6\ [(g-
mole)(Btu)/(ppm-scf-kcal)] (English units)
Ci = Concentration of sample component ``i,'' ppm
Hi = Net heat of combustion of sample component ``i'' at
25 [deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole

    (5) Method 18 or ASTM D6420-99 (2004) (where the target compound(s)
are those listed in Section 1.1 of ASTM D6420-99, and the target
concentration is between 150 parts per billion by volume and 100 parts
per million by volume) and ASTM D2504-67, 77 or 88 (Reapproved 1993)
(incorporated by reference--see Sec.  60.17) shall be used to determine
the concentration of sample component ``i.''
* * * * *
    (h) The owner or operator shall determine compliance with Sec.
60.483-1 or Sec.  60.483-2 as follows:
    (1) The percent of valves leaking shall be determined using the
following equation:

    %VL = (VL/VT) * 100
Where:

%VL = Percent leaking valves
VL = Number of valves found leaking
VT = The sum of the total number of valves monitored

    (2) The total number of valves monitored shall include difficult-
to-monitor and unsafe-to-monitor valves

only during the monitoring period in which those valves are monitored.
    (3) The number of valves leaking shall include valves for which
repair has been delayed.
    (4) Any new valve that is not monitored within 30 days of being
placed in service shall be included in the number of valves leaking and
the total number of valves monitored for the monitoring period in which
the valve is placed in service.
    (5) If the process unit has been subdivided in accordance with
Sec.  60.482-7(c)(1)(ii), the sum of valves found leaking during a
monitoring period includes all subgroups.
    (6) The total number of valves monitored does not include a valve
monitored to verify repair.

0
18. Section 60.486 is amended by revising paragraph (e)(2)(ii) and
adding paragraph (e)(6) to read as follows:

Sec.  60.486  Recordkeeping requirements.

* * * * *
    (e) * * *
    (2) * * *
    (ii) The designation of equipment as subject to the requirements of
Sec.  60.482-2(e), Sec.  60.482-3(i), or Sec.  60.482-7(f) shall be
signed by the owner or operator. Alternatively, the owner or operator
may establish a mechanism with their permitting authority that
satisfies this requirement.
* * * * *
    (6) A list of identification numbers for equipment that the owner
or operator designates as operating in VOC service less than 300 hr/yr
in accordance with Sec.  60.482-1(e), a description of the conditions
under which the equipment is in VOC service, and rationale supporting
the designation that it is in VOC service less than 300 hr/yr.
* * * * *

0
19. Section 60.487 is amended by:
0
a. Revising paragraphs (c)(2)(i), (c)(2)(iii), and (c)(2)(iv) to read
as follows:

Sec.  60.487  Reporting requirements.

* * * * *
    (c) * * *
    (2) * * *
    (i) Number of valves for which leaks were detected as described in
Sec.  60.482-7(b) or Sec.  60.483-2,
* * * * *
    (iii) Number of pumps for which leaks were detected as described in
Sec.  60.482-2(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii),
    (iv) Number of pumps for which leaks were not repaired as required
in Sec.  60.482-2(c)(1) and (d)(6),
* * * * *

0
20. Part 60 is amended by adding subpart VVa to read as follows:

Subpart VVa--Standards of Performance for Equipment Leaks of VOC in
the Synthetic Organic Chemicals Manufacturing Industry for Which
Construction, Reconstruction, or Modification Commenced After
November 7, 2006

Sec.
60.480a Applicability and designation of affected facility.
60.481a Definitions.
60.482-1a Standards: General.
60.482-2a Standards: Pumps in light liquid service.
60.482-3a Standards: Compressors.
60.482-4a Standards: Pressure relief devices in gas/vapor service.
60.482-5a Standards: Sampling connection systems.
60.482-6a Standards: Open-ended valves or lines.
60.482-7a Standards: Valves in gas/vapor service and in light liquid
service.
60.482-8a Standards: Pumps, valves, and connectors in heavy liquid
service and pressure relief devices in light liquid or heavy liquid
service.
60.482-9a Standards: Delay of repair.
60.482-10a Standards: Closed vent systems and control devices.
60.482-11a Standards: Connectors in gas/vapor service and in light
liquid service.
60.483-1a Alternative standards for valves--allowable percentage of
valves leaking.
60.483-2a Alternative standards for valves--skip period leak
detection and repair.
60.484a Equivalence of means of emission limitation.
60.485a Test methods and procedures.
60.486a Recordkeeping requirements.
60.487a Reporting requirements.
60.488a Reconstruction.
60.489a List of chemicals produced by affected facilities.

Sec.  60.480a  Applicability and designation of affected facility.

    (a)(1) The provisions of this subpart apply to affected facilities
in the synthetic organic chemicals manufacturing industry.
    (2) The group of all equipment (defined in Sec.  60.481a) within a
process unit is an affected facility.
    (b) Any affected facility under paragraph (a) of this section that
commences construction, reconstruction, or modification after November
7, 2006, shall be subject to the requirements of this subpart.
    (c) Addition or replacement of equipment for the purpose of process
improvement which is accomplished without a capital expenditure shall
not by itself be considered a modification under this subpart.
    (d)(1) If an owner or operator applies for one or more of the
exemptions in this paragraph, then the owner or operator shall maintain
records as required in Sec.  60.486a(i).
    (2) Any affected facility that has the design capacity to produce
less than 1,000 Mg/yr (1,102 ton/yr) of a chemical listed in Sec.
60.489 is exempt from Sec. Sec.  60.482-1a through 60.482-11a.
    (3) If an affected facility produces heavy liquid chemicals only
from heavy liquid feed or raw materials, then it is exempt from
Sec. Sec.  60.482-1a through 60.482-11a.
    (4) Any affected facility that produces beverage alcohol is exempt
from Sec. Sec.  60.482-1a through 60.482-11a.
    (5) Any affected facility that has no equipment in volatile organic
compounds (VOC) service is exempt from Sec. Sec.  60.482-1a through
60.482-11a.
    (e) Alternative means of compliance--(1) Option to comply with part
65. (i) Owners or operators may choose to comply with the provisions of
40 CFR part 65, subpart F, to satisfy the requirements of Sec. Sec.
60.482-1a through 60.487a for an affected facility. When choosing to
comply with 40 CFR part 65, subpart F, the requirements of Sec. Sec.
60.485a(d), (e), and (f), and 60.486a(i) and (j) still apply. Other
provisions applying to an owner or operator who chooses to comply with
40 CFR part 65 are provided in 40 CFR 65.1.
    (ii) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart F must also comply with Sec. Sec.  60.1,
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that
equipment. All sections and paragraphs of subpart A of this part that
are not mentioned in this paragraph (e)(1)(ii) do not apply to owners
or operators of equipment subject to this subpart complying with 40 CFR
part 65, subpart F, except that provisions required to be met prior to
implementing 40 CFR part 65 still apply. Owners and operators who
choose to comply with 40 CFR part 65, subpart F, must comply with 40
CFR part 65, subpart A.
    (2) Part 63, subpart H. (i) Owners or operators may choose to
comply with the provisions of 40 CFR part 63, subpart H, to satisfy the
requirements of Sec. Sec.  60.482-1a through 60.487a for an affected
facility. When choosing to comply with 40 CFR part 63, subpart H, the
requirements of Sec.  60.485a(d), (e), and (f), and Sec.  60.486a(i)
and (j) still apply.
    (ii) Part 60, subpart A. Owners or operators who choose to comply
with 40 CFR part 63, subpart H must also comply with Sec. Sec.  60.1,
60.2, 60.5, 60.6, 60.7(a)(1) and (4), 60.14, 60.15, and 60.16 for that
equipment. All sections and paragraphs of subpart A of this part that
are not mentioned in this paragraph (e)(2)(ii) do not apply to owners
or operators of equipment subject to this

subpart complying with 40 CFR part 63, subpart H, except that
provisions required to be met prior to implementing 40 CFR part 63
still apply. Owners and operators who choose to comply with 40 CFR part
63, subpart H, must comply with 40 CFR part 63, subpart A.

Sec.  60.481a  Definitions.

    As used in this subpart, all terms not defined herein shall have
the meaning given them in the Clean Air Act (CAA) or in subpart A of
part 60, and the following terms shall have the specific meanings given
them.
    Capital expenditure means, in addition to the definition in 40 CFR
60.2, an expenditure for a physical or operational change to an
existing facility that:
    (a) Exceeds P, the product of the facility's replacement cost, R,
and an adjusted annual asset guideline repair allowance, A, as
reflected by the following equation: P = R x A, where:
    (1) The adjusted annual asset guideline repair allowance, A, is the
product of the percent of the replacement cost, Y, and the applicable
basic annual asset guideline repair allowance, B, divided by 100 as
reflected by the following equation:
    A = Y x (B / 100);
    (2) The percent Y is determined from the following equation: Y =
1.0 - 0.575 log X, where X is 2006 minus the year of construction; and
    (3) The applicable basic annual asset guideline repair allowance,
B, is selected from the following table consistent with the applicable
subpart:

              Table for Determining Applicable Value for B
------------------------------------------------------------------------
                                                           Value of B to
             Subpart applicable to facility                 be used in
                                                             equation
------------------------------------------------------------------------
VVa.....................................................            12.5
GGGa....................................................             7.0
------------------------------------------------------------------------

    Closed-loop system means an enclosed system that returns process
fluid to the process.
    Closed-purge system means a system or combination of systems and
portable containers to capture purged liquids. Containers for purged
liquids must be covered or closed when not being filled or emptied.
    Closed vent system means a system that is not open to the
atmosphere and that is composed of hard-piping, ductwork, connections,
and, if necessary, flow-inducing devices that transport gas or vapor
from a piece or pieces of equipment to a control device or back to a
process.
    Connector means flanged, screwed, or other joined fittings used to
connect two pipe lines or a pipe line and a piece of process equipment
or that close an opening in a pipe that could be connected to another
pipe. Joined fittings welded completely around the circumference of the
interface are not considered connectors for the purpose of this
regulation.
    Control device means an enclosed combustion device, vapor recovery
system, or flare.
    Distance piece means an open or enclosed casing through which the
piston rod travels, separating the compressor cylinder from the
crankcase.
    Double block and bleed system means two block valves connected in
series with a bleed valve or line that can vent the line between the
two block valves.
    Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
    Equipment means each pump, compressor, pressure relief device,
sampling connection system, open-ended valve or line, valve, and flange
or other connector in VOC service and any devices or systems required
by this subpart.
    First attempt at repair means to take action for the purpose of
stopping or reducing leakage of organic material to the atmosphere
using best practices.
    Fuel gas means gases that are combusted to derive useful work or
heat.
    Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in-process combustion equipment, such as furnaces and gas turbines,
either singly or in combination.
    Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgment and standards such as ASME
B31.3, Process Piping (available from the American Society of
Mechanical Engineers, P.O. Box 2300, Fairfield, NJ 07007-2300).
    In gas/vapor service means that the piece of equipment contains
process fluid that is in the gaseous state at operating conditions.
    In heavy liquid service means that the piece of equipment is not in
gas/vapor service or in light liquid service.
    In light liquid service means that the piece of equipment contains
a liquid that meets the conditions specified in Sec.  60.485a(e).
    In-situ sampling systems means nonextractive samplers or in-line
samplers.
    In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals (kPa) (0.7 psia) below ambient
pressure.
    In VOC service means that the piece of equipment contains or
contacts a process fluid that is at least 10 percent VOC by weight.
(The provisions of Sec.  60.485a(d) specify how to determine that a
piece of equipment is not in VOC service.)
    Initial calibration value means the concentration measured during
the initial calibration at the beginning of each day required in Sec.
60.485a(b)(1), or the most recent calibration if the instrument is
recalibrated during the day (i.e., the calibration is adjusted) after a
calibration drift assessment.
    Liquids dripping means any visible leakage from the seal including
spraying, misting, clouding, and ice formation.
    Open-ended valve or line means any valve, except safety relief
valves, having one side of the valve seat in contact with process fluid
and one side open to the atmosphere, either directly or through open
piping.
    Pressure release means the emission of materials resulting from
system pressure being greater than set pressure of the pressure relief
device.
    Process improvement means routine changes made for safety and
occupational health requirements, for energy savings, for better
utility, for ease of maintenance and operation, for correction of
design deficiencies, for bottleneck removal, for changing product
requirements, or for environmental control.
    Process unit means the components assembled and connected by pipes
or ducts to process raw materials and to produce, as intermediate or
final products, one or more of the chemicals listed in Sec.  60.489. A
process unit can operate independently if supplied with sufficient feed
or raw materials and sufficient storage facilities for the product. For
the purpose of this subpart, process unit includes any feed,
intermediate and final product storage vessels (except as specified in
Sec.  60.482-1a(g)), product transfer racks, and connected ducts and
piping. A process unit includes all equipment as defined in this
subpart.
    Process unit shutdown means a work practice or operational
procedure that stops production from a process unit or part of a
process unit during which it is technically feasible to clear process

material from a process unit or part of a process unit consistent with
safety constraints and during which repairs can be accomplished. The
following are not considered process unit shutdowns:
    (1) An unscheduled work practice or operational procedure that
stops production from a process unit or part of a process unit for less
than 24 hours.
    (2) An unscheduled work practice or operational procedure that
would stop production from a process unit or part of a process unit for
a shorter period of time than would be required to clear the process
unit or part of the process unit of materials and start up the unit,
and would result in greater emissions than delay of repair of leaking
components until the next scheduled process unit shutdown.
    (3) The use of spare equipment and technically feasible bypassing
of equipment without stopping production.
    Quarter means a 3-month period; the first quarter concludes on the
last day of the last full month during the 180 days following initial
startup.
    Repaired means that equipment is adjusted, or otherwise altered, in
order to eliminate a leak as defined in the applicable sections of this
subpart and, except for leaks identified in accordance with Sec. Sec.
60.482-2a(b)(2)(ii) and (d)(6)(ii) and (d)(6)(iii), 60.482-3a(f), and
60.482-10a(f)(1)(ii), is re-monitored as specified in Sec.  60.485a(b)
to verify that emissions from the equipment are below the applicable
leak definition.
    Replacement cost means the capital needed to purchase all the
depreciable components in a facility.
    Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take nonroutine grab
samples is not considered a sampling connection system.
    Sensor means a device that measures a physical quantity or the
change in a physical quantity such as temperature, pressure, flow rate,
pH, or liquid level.
    Storage vessel means a tank or other vessel that is used to store
organic liquids that are used in the process as raw material
feedstocks, produced as intermediates or final products, or generated
as wastes. Storage vessel does not include vessels permanently attached
to motor vehicles, such as trucks, railcars, barges or ships.
    Synthetic organic chemicals manufacturing industry means the
industry that produces, as intermediates or final products, one or more
of the chemicals listed in Sec.  60.489.
    Transfer rack means the collection of loading arms and loading
hoses, at a single loading rack, that are used to fill tank trucks and/
or railcars with organic liquids.
    Volatile organic compounds or VOC means, for the purposes of this
subpart, any reactive organic compounds as defined in Sec.  60.2
Definitions.

Sec.  60.482-1a  Standards: General.

    (a) Each owner or operator subject to the provisions of this
subpart shall demonstrate compliance with the requirements of
Sec. Sec.  60.482-1a through 60.482-10a or Sec.  60.480a(e) for all
equipment within 180 days of initial startup.
    (b) Compliance with Sec. Sec.  60.482-1a to 60.482-10a will be
determined by review of records and reports, review of performance test
results, and inspection using the methods and procedures specified in
Sec.  60.485a.
    (c)(1) An owner or operator may request a determination of
equivalence of a means of emission limitation to the requirements of
Sec. Sec.  60.482-2a, 60.482-3a, 60.482-5a, 60.482-6a, 60.482-7a,
60.482-8a, and 60.482-10a as provided in Sec.  60.484a.
    (2) If the Administrator makes a determination that a means of
emission limitation is at least equivalent to the requirements of
Sec. Sec.  60.482-2a, 60.482-3a, 60.482-5a, 60.482-6a, 60.482-7a,
60.482-8a, or 60.482-10a, an owner or operator shall comply with the
requirements of that determination.
    (d) Equipment that is in vacuum service is excluded from the
requirements of Sec. Sec.  60.482-2a through 60.482-10a if it is
identified as required in Sec.  60.486a(e)(5).
    (e) Equipment that an owner or operator designates as being in VOC
service less than 300 hr/yr is excluded from the requirements of
Sec. Sec.  60.482-2a through 60.482-11a if it is identified as required
in Sec.  60.486a(e)(6) and it meets any of the conditions specified in
paragraphs (e)(1) through (3) of this section.
    (1) The equipment is in VOC service only during startup and
shutdown, excluding startup and shutdown between batches of the same
campaign for a batch process.
    (2) The equipment is in VOC service only during process
malfunctions or other emergencies.
    (3) The equipment is backup equipment that is in VOC service only
when the primary equipment is out of service.
    (f)(1) If a dedicated batch process unit operates less than 365
days during a year, an owner or operator may monitor to detect leaks
from pumps, valves, and open-ended valves or lines at the frequency
specified in the following table instead of monitoring as specified in
Sec. Sec.  60.482-2a, 60.482-7a, and 60.483.2a:

----------------------------------------------------------------------------------------------------------------
                                                      Equivalent monitoring frequency time in use
   Operating time (percent of hours   --------------------------------------------------------------------------
             during year)                      Monthly                 Quarterly               Semiannually
----------------------------------------------------------------------------------------------------------------
0 to < 25.............................  Quarterly..............  Annually...............  Annually.
25 to < 50............................  Quarterly..............  Semiannually...........  Annually.
50 to < 75............................  Bimonthly..............  Three quarters.........  Semiannually.
75 to 100............................  Monthly................  Quarterly..............  Semiannually.
----------------------------------------------------------------------------------------------------------------

    (2) Pumps and valves that are shared among two or more batch
process units that are subject to this subpart may be monitored at the
frequencies specified in paragraph (f)(1) of this section, provided the
operating time of all such process units is considered.
    (3) The monitoring frequencies specified in paragraph (f)(1) of
this section are not requirements for monitoring at specific intervals
and can be adjusted to accommodate process operations. An owner or
operator may monitor at any time during the specified monitoring period
(e.g., month, quarter, year), provided the monitoring is conducted at a
reasonable interval after completion of the last monitoring campaign.
Reasonable intervals are defined in paragraphs (f)(3)(i) through (iv)
of this section.
    (i) When monitoring is conducted quarterly, monitoring events must
be separated by at least 30 calendar days.
    (ii) When monitoring is conducted semiannually (i.e., once every 2
quarters), monitoring events must be separated by at least 60 calendar
days.
    (iii) When monitoring is conducted in 3 quarters per year,
monitoring events

must be separated by at least 90 calendar days.
    (iv) When monitoring is conducted annually, monitoring events must
be separated by at least 120 calendar days.
    (g) If the storage vessel is shared with multiple process units,
the process unit with the greatest annual amount of stored materials
(predominant use) is the process unit the storage vessel is assigned
to. If the storage vessel is shared equally among process units, and
one of the process units has equipment subject to this subpart, the
storage vessel is assigned to that process unit. If the storage vessel
is shared equally among process units, none of which have equipment
subject to this subpart of this part, the storage vessel is assigned to
any process unit subject to subpart VV of this part. If the predominant
use of the storage vessel varies from year to year, then the owner or
operator must estimate the predominant use initially and reassess every
3 years. The owner or operator must keep records of the information and
supporting calculations that show how predominant use is determined.
All equipment on the storage vessel must be monitored when in VOC
service.

Sec.  60.482-2a  Standards: Pumps in light liquid service.

    (a)(1) Each pump in light liquid service shall be monitored monthly
to detect leaks by the methods specified in Sec.  60.485a(b), except as
provided in Sec.  60.482-1a(c) and (f) and paragraphs (d), (e), and (f)
of this section. A pump that begins operation in light liquid service
after the initial startup date for the process unit must be monitored
for the first time within 30 days after the end of its startup period,
except for a pump that replaces a leaking pump and except as provided
in Sec.  60.482-1a(c) and paragraphs (d), (e), and (f) of this section.
    (2) Each pump in light liquid service shall be checked by visual
inspection each calendar week for indications of liquids dripping from
the pump seal, except as provided in Sec.  60.482-1a(f).
    (b)(1) The instrument reading that defines a leak is specified in
paragraphs (b)(1)(i) and (ii) of this section.
    (i) 5,000 parts per million (ppm) or greater for pumps handling
polymerizing monomers;
    (ii) 2,000 ppm or greater for all other pumps.
    (2) If there are indications of liquids dripping from the pump
seal, the owner or operator shall follow the procedure specified in
either paragraph (b)(2)(i) or (ii) of this section. This requirement
does not apply to a pump that was monitored after a previous weekly
inspection and the instrument reading was less than the concentration
specified in paragraph (b)(1)(i) or (ii) of this section, whichever is
applicable.
    (i) Monitor the pump within 5 days as specified in Sec.
60.485a(b). A leak is detected if the instrument reading measured
during monitoring indicates a leak as specified in paragraph (b)(1)(i)
or (ii) of this section, whichever is applicable. The leak shall be
repaired using the procedures in paragraph (c) of this section.
    (ii) Designate the visual indications of liquids dripping as a
leak, and repair the leak using either the procedures in paragraph (c)
of this section or by eliminating the visual indications of liquids
dripping.
    (c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec.  60.482-9a.
    (2) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected. First attempts at repair
include, but are not limited to, the practices described in paragraphs
(c)(2)(i) and (ii) of this section, where practicable.
    (i) Tightening the packing gland nuts;
    (ii) Ensuring that the seal flush is operating at design pressure
and temperature.
    (d) Each pump equipped with a dual mechanical seal system that
includes a barrier fluid system is exempt from the requirements of
paragraph (a) of this section, provided the requirements specified in
paragraphs (d)(1) through (6) of this section are met.
    (1) Each dual mechanical seal system is:
    (i) Operated with the barrier fluid at a pressure that is at all
times greater than the pump stuffing box pressure; or
    (ii) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of Sec.
60.482-10a; or
    (iii) Equipped with a system that purges the barrier fluid into a
process stream with zero VOC emissions to the atmosphere.
    (2) The barrier fluid system is in heavy liquid service or is not
in VOC service.
    (3) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
    (4)(i) Each pump is checked by visual inspection, each calendar
week, for indications of liquids dripping from the pump seals.
    (ii) If there are indications of liquids dripping from the pump
seal at the time of the weekly inspection, the owner or operator shall
follow the procedure specified in either paragraph (d)(4)(ii)(A) or (B)
of this section prior to the next required inspection.
    (A) Monitor the pump within 5 days as specified in Sec.  60.485a(b)
to determine if there is a leak of VOC in the barrier fluid. If an
instrument reading of 2,000 ppm or greater is measured, a leak is
detected.
    (B) Designate the visual indications of liquids dripping as a leak.
    (5)(i) Each sensor as described in paragraph (d)(3) is checked
daily or is equipped with an audible alarm.
    (ii) The owner or operator determines, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
    (iii) If the sensor indicates failure of the seal system, the
barrier fluid system, or both, based on the criterion established in
paragraph (d)(5)(ii) of this section, a leak is detected.
    (6)(i) When a leak is detected pursuant to paragraph (d)(4)(ii)(A)
of this section, it shall be repaired as specified in paragraph (c) of
this section.
    (ii) A leak detected pursuant to paragraph (d)(5)(iii) of this
section shall be repaired within 15 days of detection by eliminating
the conditions that activated the sensor.
    (iii) A designated leak pursuant to paragraph (d)(4)(ii)(B) of this
section shall be repaired within 15 days of detection by eliminating
visual indications of liquids dripping.
    (e) Any pump that is designated, as described in Sec.
60.486a(e)(1) and (2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt
from the requirements of paragraphs (a), (c), and (d) of this section
if the pump:
    (1) Has no externally actuated shaft penetrating the pump housing;
    (2) Is demonstrated to be operating with no detectable emissions as
indicated by an instrument reading of less than 500 ppm above
background as measured by the methods specified in Sec.  60.485a(c);
and
    (3) Is tested for compliance with paragraph (e)(2) of this section
initially upon designation, annually, and at other times requested by
the Administrator.
    (f) If any pump is equipped with a closed vent system capable of
capturing and transporting any leakage from the seal or seals to a
process or to a fuel gas system or to a control device that complies
with the requirements of Sec.  60.482-10a, it is exempt from

paragraphs (a) through (e) of this section.
    (g) Any pump that is designated, as described in Sec.
60.486a(f)(1), as an unsafe-to-monitor pump is exempt from the
monitoring and inspection requirements of paragraphs (a) and (d)(4)
through (6) of this section if:
    (1) The owner or operator of the pump demonstrates that the pump is
unsafe-to-monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraph (a) of
this section; and
    (2) The owner or operator of the pump has a written plan that
requires monitoring of the pump as frequently as practicable during
safe-to-monitor times, but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in paragraph (c) of this section if a leak
is detected.
    (h) Any pump that is located within the boundary of an unmanned
plant site is exempt from the weekly visual inspection requirement of
paragraphs (a)(2) and (d)(4) of this section, and the daily
requirements of paragraph (d)(5) of this section, provided that each
pump is visually inspected as often as practicable and at least
monthly.

Sec.  60.482-3a  Standards: Compressors.

    (a) Each compressor shall be equipped with a seal system that
includes a barrier fluid system and that prevents leakage of VOC to the
atmosphere, except as provided in Sec.  60.482-1a(c) and paragraphs
(h), (i), and (j) of this section.
    (b) Each compressor seal system as required in paragraph (a) of
this section shall be:
    (1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure; or
    (2) Equipped with a barrier fluid system degassing reservoir that
is routed to a process or fuel gas system or connected by a closed vent
system to a control device that complies with the requirements of Sec.
60.482-10a; or
    (3) Equipped with a system that purges the barrier fluid into a
process stream with zero VOC emissions to the atmosphere.
    (c) The barrier fluid system shall be in heavy liquid service or
shall not be in VOC service.
    (d) Each barrier fluid system as described in paragraph (a) shall
be equipped with a sensor that will detect failure of the seal system,
barrier fluid system, or both.
    (e)(1) Each sensor as required in paragraph (d) of this section
shall be checked daily or shall be equipped with an audible alarm.
    (2) The owner or operator shall determine, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
    (f) If the sensor indicates failure of the seal system, the barrier
system, or both based on the criterion determined under paragraph
(e)(2) of this section, a leak is detected.
    (g)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec.  60.482-9a.
    (2) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
    (h) A compressor is exempt from the requirements of paragraphs (a)
and (b) of this section, if it is equipped with a closed vent system to
capture and transport leakage from the compressor drive shaft back to a
process or fuel gas system or to a control device that complies with
the requirements of Sec.  60.482-10a, except as provided in paragraph
(i) of this section.
    (i) Any compressor that is designated, as described in Sec.
60.486a(e)(1) and (2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt
from the requirements of paragraphs (a) through (h) of this section if
the compressor:
    (1) Is demonstrated to be operating with no detectable emissions,
as indicated by an instrument reading of less than 500 ppm above
background, as measured by the methods specified in Sec.  60.485a(c);
and
    (2) Is tested for compliance with paragraph (i)(1) of this section
initially upon designation, annually, and at other times requested by
the Administrator.
    (j) Any existing reciprocating compressor in a process unit which
becomes an affected facility under provisions of Sec.  60.14 or Sec.
60.15 is exempt from paragraphs (a) through (e) and (h) of this
section, provided the owner or operator demonstrates that recasting the
distance piece or replacing the compressor are the only options
available to bring the compressor into compliance with the provisions
of paragraphs (a) through (e) and (h) of this section.

Sec.  60.482-4a  Standards: Pressure relief devices in gas/vapor
service.

    (a) Except during pressure releases, each pressure relief device in
gas/vapor service shall be operated with no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as determined by the methods specified in Sec.  60.485a(c).
    (b)(1) After each pressure release, the pressure relief device
shall be returned to a condition of no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as soon as practicable, but no later than 5 calendar days
after the pressure release, except as provided in Sec.  60.482-9a.
    (2) No later than 5 calendar days after the pressure release, the
pressure relief device shall be monitored to confirm the conditions of
no detectable emissions, as indicated by an instrument reading of less
than 500 ppm above background, by the methods specified in Sec.
60.485a(c).
    (c) Any pressure relief device that is routed to a process or fuel
gas system or equipped with a closed vent system capable of capturing
and transporting leakage through the pressure relief device to a
control device as described in Sec.  60.482-10a is exempted from the
requirements of paragraphs (a) and (b) of this section.
    (d)(1) Any pressure relief device that is equipped with a rupture
disk upstream of the pressure relief device is exempt from the
requirements of paragraphs (a) and (b) of this section, provided the
owner or operator complies with the requirements in paragraph (d)(2) of
this section.
    (2) After each pressure release, a new rupture disk shall be
installed upstream of the pressure relief device as soon as
practicable, but no later than 5 calendar days after each pressure
release, except as provided in Sec.  60.482-9a.

Sec.  60.482-5a  Standards: Sampling connection systems.

    (a) Each sampling connection system shall be equipped with a
closed-purge, closed-loop, or closed-vent system, except as provided in
Sec.  60.482-1a(c) and paragraph (c) of this section.
    (b) Each closed-purge, closed-loop, or closed-vent system as
required in paragraph (a) of this section shall comply with the
requirements specified in paragraphs (b)(1) through (4) of this
section.
    (1) Gases displaced during filling of the sample container are not
required to be collected or captured.
    (2) Containers that are part of a closed-purge system must be
covered or closed when not being filled or emptied.
    (3) Gases remaining in the tubing or piping between the closed-
purge system valve(s) and sample container valve(s) after the valves
are closed and the sample container is disconnected are not required to
be collected or captured.

    (4) Each closed-purge, closed-loop, or closed-vent system shall be
designed and operated to meet requirements in either paragraph
(b)(4)(i), (ii), (iii), or (iv) of this section.
    (i) Return the purged process fluid directly to the process line.
    (ii) Collect and recycle the purged process fluid to a process.
    (iii) Capture and transport all the purged process fluid to a
control device that complies with the requirements of Sec.  60.482-10a.
    (iv) Collect, store, and transport the purged process fluid to any
of the following systems or facilities:
    (A) A waste management unit as defined in 40 CFR 63.111, if the
waste management unit is subject to and operated in compliance with the
provisions of 40 CFR part 63, subpart G, applicable to Group 1
wastewater streams;
    (B) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266;
    (C) A facility permitted, licensed, or registered by a state to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261;
    (D) A waste management unit subject to and operated in compliance
with the treatment requirements of 40 CFR 61.348(a), provided all waste
management units that collect, store, or transport the purged process
fluid to the treatment unit are subject to and operated in compliance
with the management requirements of 40 CFR 61.343 through 40 CFR
61.347; or
    (E) A device used to burn off-specification used oil for energy
recovery in accordance with 40 CFR part 279, subpart G, provided the
purged process fluid is not hazardous waste as defined in 40 CFR part
261.
    (c) In-situ sampling systems and sampling systems without purges
are exempt from the requirements of paragraphs (a) and (b) of this
section.

Sec.  60.482-6a  Standards: Open-ended valves or lines.

    (a)(1) Each open-ended valve or line shall be equipped with a cap,
blind flange, plug, or a second valve, except as provided in Sec.
60.482-1a(c) and paragraphs (d) and (e) of this section.
    (2) The cap, blind flange, plug, or second valve shall seal the
open end at all times except during operations requiring process fluid
flow through the open-ended valve or line.
    (b) Each open-ended valve or line equipped with a second valve
shall be operated in a manner such that the valve on the process fluid
end is closed before the second valve is closed.
    (c) When a double block-and-bleed system is being used, the bleed
valve or line may remain open during operations that require venting
the line between the block valves but shall comply with paragraph (a)
of this section at all other times.
    (d) Open-ended valves or lines in an emergency shutdown system
which are designed to open automatically in the event of a process
upset are exempt from the requirements of paragraphs (a), (b), and (c)
of this section.
    (e) Open-ended valves or lines containing materials which would
autocatalytically polymerize or would present an explosion, serious
overpressure, or other safety hazard if capped or equipped with a
double block and bleed system as specified in paragraphs (a) through
(c) of this section are exempt from the requirements of paragraphs (a)
through (c) of this section.

Sec.  60.482-7a  Standards: Valves in gas/vapor service and in light
liquid service.

    (a)(1) Each valve shall be monitored monthly to detect leaks by the
methods specified in Sec.  60.485a(b) and shall comply with paragraphs
(b) through (e) of this section, except as provided in paragraphs (f),
(g), and (h) of this section, Sec.  60.482-1a(c) and (f), and
Sec. Sec.  60.483-1a and 60.483-2a.
    (2) A valve that begins operation in gas/vapor service or light
liquid service after the initial startup date for the process unit must
be monitored according to paragraphs (a)(2)(i) or (ii), except for a
valve that replaces a leaking valve and except as provided in
paragraphs (f), (g), and (h) of this section, Sec.  60.482-1a(c), and
Sec. Sec.  60.483-1a and 60.483-2a.
    (i) Monitor the valve as in paragraph (a)(1) of this section. The
valve must be monitored for the first time within 30 days after the end
of its startup period to ensure proper installation.
    (ii) If the existing valves in the process unit are monitored in
accordance with Sec.  60.483-1a or Sec.  60.483-2a, count the new valve
as leaking when calculating the percentage of valves leaking as
described in Sec.  60.483-2a(b)(5). If less than 2.0 percent of the
valves are leaking for that process unit, the valve must be monitored
for the first time during the next scheduled monitoring event for
existing valves in the process unit or within 90 days, whichever comes
first.
    (b) If an instrument reading of 500 ppm or greater is measured, a
leak is detected.
    (c)(1)(i) Any valve for which a leak is not detected for 2
successive months may be monitored the first month of every quarter,
beginning with the next quarter, until a leak is detected.
    (ii) As an alternative to monitoring all of the valves in the first
month of a quarter, an owner or operator may elect to subdivide the
process unit into two or three subgroups of valves and monitor each
subgroup in a different month during the quarter, provided each
subgroup is monitored every 3 months. The owner or operator must keep
records of the valves assigned to each subgroup.
    (2) If a leak is detected, the valve shall be monitored monthly
until a leak is not detected for 2 successive months.
    (d)(1) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after the leak is
detected, except as provided in Sec.  60.482-9a.
    (2) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
    (e) First attempts at repair include, but are not limited to, the
following best practices where practicable:
    (1) Tightening of bonnet bolts;
    (2) Replacement of bonnet bolts;
    (3) Tightening of packing gland nuts;
    (4) Injection of lubricant into lubricated packing.
    (f) Any valve that is designated, as described in Sec.
60.486a(e)(2), for no detectable emissions, as indicated by an
instrument reading of less than 500 ppm above background, is exempt
from the requirements of paragraph (a) of this section if the valve:
    (1) Has no external actuating mechanism in contact with the process
fluid,
    (2) Is operated with emissions less than 500 ppm above background
as determined by the method specified in Sec.  60.485a(c), and
    (3) Is tested for compliance with paragraph (f)(2) of this section
initially upon designation, annually, and at other times requested by
the Administrator.
    (g) Any valve that is designated, as described in Sec.
60.486a(f)(1), as an unsafe-to-monitor valve is exempt from the
requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve demonstrates that the valve
is unsafe to monitor because monitoring personnel would be exposed to
an immediate danger as a consequence of complying with paragraph (a) of
this section, and
    (2) The owner or operator of the valve adheres to a written plan
that requires monitoring of the valve as frequently as practicable
during safe-to-monitor times.
    (h) Any valve that is designated, as described in Sec.
60.486a(f)(2), as a difficult-to-monitor valve is exempt

from the requirements of paragraph (a) of this section if:
    (1) The owner or operator of the valve demonstrates that the valve
cannot be monitored without elevating the monitoring personnel more
than 2 meters above a support surface.
    (2) The process unit within which the valve is located either:
    (i) Becomes an affected facility through Sec.  60.14 or Sec.  60.15
and was constructed on or before January 5, 1981; or
    (ii) Has less than 3.0 percent of its total number of valves
designated as difficult-to-monitor by the owner or operator.
    (3) The owner or operator of the valve follows a written plan that
requires monitoring of the valve at least once per calendar year.

Sec.  60.482-8a  Standards: Pumps, valves, and connectors in heavy
liquid service and pressure relief devices in light liquid or heavy
liquid service.

    (a) If evidence of a potential leak is found by visual, audible,
olfactory, or any other detection method at pumps, valves, and
connectors in heavy liquid service and pressure relief devices in light
liquid or heavy liquid service, the owner or operator shall follow
either one of the following procedures:
    (1) The owner or operator shall monitor the equipment within 5 days
by the method specified in Sec.  60.485a(b) and shall comply with the
requirements of paragraphs (b) through (d) of this section.
    (2) The owner or operator shall eliminate the visual, audible,
olfactory, or other indication of a potential leak within 5 calendar
days of detection.
    (b) If an instrument reading of 10,000 ppm or greater is measured,
a leak is detected.
    (c)(1) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec.  60.482-9a.
    (2) The first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
    (d) First attempts at repair include, but are not limited to, the
best practices described under Sec. Sec.  60.482-2a(c)(2) and 60.482-
7a(e).

Sec.  60.482-9a  Standards: Delay of repair.

    (a) Delay of repair of equipment for which leaks have been detected
will be allowed if repair within 15 days is technically infeasible
without a process unit shutdown. Repair of this equipment shall occur
before the end of the next process unit shutdown. Monitoring to verify
repair must occur within 15 days after startup of the process unit.
    (b) Delay of repair of equipment will be allowed for equipment
which is isolated from the process and which does not remain in VOC
service.
    (c) Delay of repair for valves and connectors will be allowed if:
    (1) The owner or operator demonstrates that emissions of purged
material resulting from immediate repair are greater than the fugitive
emissions likely to result from delay of repair, and
    (2) When repair procedures are effected, the purged material is
collected and destroyed or recovered in a control device complying with
Sec.  60.482-10a.
    (d) Delay of repair for pumps will be allowed if:
    (1) Repair requires the use of a dual mechanical seal system that
includes a barrier fluid system, and
    (2) Repair is completed as soon as practicable, but not later than
6 months after the leak was detected.
    (e) Delay of repair beyond a process unit shutdown will be allowed
for a valve, if valve assembly replacement is necessary during the
process unit shutdown, valve assembly supplies have been depleted, and
valve assembly supplies had been sufficiently stocked before the
supplies were depleted. Delay of repair beyond the next process unit
shutdown will not be allowed unless the next process unit shutdown
occurs sooner than 6 months after the first process unit shutdown.
    (f) When delay of repair is allowed for a leaking pump, valve, or
connector that remains in service, the pump, valve, or connector may be
considered to be repaired and no longer subject to delay of repair
requirements if two consecutive monthly monitoring instrument readings
are below the leak definition.

Sec.  60.482-10a  Standards: Closed vent systems and control devices.

    (a) Owners or operators of closed vent systems and control devices
used to comply with provisions of this subpart shall comply with the
provisions of this section.
    (b) Vapor recovery systems (for example, condensers and absorbers)
shall be designed and operated to recover the VOC emissions vented to
them with an efficiency of 95 percent or greater, or to an exit
concentration of 20 parts per million by volume (ppmv), whichever is
less stringent.
    (c) Enclosed combustion devices shall be designed and operated to
reduce the VOC emissions vented to them with an efficiency of 95
percent or greater, or to an exit concentration of 20 ppmv, on a dry
basis, corrected to 3 percent oxygen, whichever is less stringent or to
provide a minimum residence time of 0.75 seconds at a minimum
temperature of 816 [deg]C.
    (d) Flares used to comply with this subpart shall comply with the
requirements of Sec.  60.18.
    (e) Owners or operators of control devices used to comply with the
provisions of this subpart shall monitor these control devices to
ensure that they are operated and maintained in conformance with their
designs.
    (f) Except as provided in paragraphs (i) through (k) of this
section, each closed vent system shall be inspected according to the
procedures and schedule specified in paragraphs (f)(1) and (2) of this
section.
    (1) If the vapor collection system or closed vent system is
constructed of hard-piping, the owner or operator shall comply with the
requirements specified in paragraphs (f)(1)(i) and (ii) of this
section:
    (i) Conduct an initial inspection according to the procedures in
Sec.  60.485a(b); and
    (ii) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
    (2) If the vapor collection system or closed vent system is
constructed of ductwork, the owner or operator shall:
    (i) Conduct an initial inspection according to the procedures in
Sec.  60.485a(b); and
    (ii) Conduct annual inspections according to the procedures in
Sec.  60.485a(b).
    (g) Leaks, as indicated by an instrument reading greater than 500
ppmv above background or by visual inspections, shall be repaired as
soon as practicable except as provided in paragraph (h) of this
section.
    (1) A first attempt at repair shall be made no later than 5
calendar days after the leak is detected.
    (2) Repair shall be completed no later than 15 calendar days after
the leak is detected.
    (h) Delay of repair of a closed vent system for which leaks have
been detected is allowed if the repair is technically infeasible
without a process unit shutdown or if the owner or operator determines
that emissions resulting from immediate repair would be greater than
the fugitive emissions likely to result from delay of repair. Repair of
such equipment shall be complete by the end of the next process unit
shutdown.
    (i) If a vapor collection system or closed vent system is operated
under a vacuum, it is exempt from the

inspection requirements of paragraphs (f)(1)(i) and (f)(2) of this
section.
    (j) Any parts of the closed vent system that are designated, as
described in paragraph (l)(1) of this section, as unsafe to inspect are
exempt from the inspection requirements of paragraphs (f)(1)(i) and
(f)(2) of this section if they comply with the requirements specified
in paragraphs (j)(1) and (2) of this section:
    (1) The owner or operator determines that the equipment is unsafe
to inspect because inspecting personnel would be exposed to an imminent
or potential danger as a consequence of complying with paragraphs
(f)(1)(i) or (f)(2) of this section; and
    (2) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practicable during safe-
to-inspect times.
    (k) Any parts of the closed vent system that are designated, as
described in paragraph (l)(2) of this section, as difficult to inspect
are exempt from the inspection requirements of paragraphs (f)(1)(i) and
(f)(2) of this section if they comply with the requirements specified
in paragraphs (k)(1) through (3) of this section:
    (1) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
above a support surface; and
    (2) The process unit within which the closed vent system is located
becomes an affected facility through Sec. Sec.  60.14 or 60.15, or the
owner or operator designates less than 3.0 percent of the total number
of closed vent system equipment as difficult to inspect; and
    (3) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years. A closed vent
system is exempt from inspection if it is operated under a vacuum.
    (l) The owner or operator shall record the information specified in
paragraphs (l)(1) through (5) of this section.
    (1) Identification of all parts of the closed vent system that are
designated as unsafe to inspect, an explanation of why the equipment is
unsafe to inspect, and the plan for inspecting the equipment.
    (2) Identification of all parts of the closed vent system that are
designated as difficult to inspect, an explanation of why the equipment
is difficult to inspect, and the plan for inspecting the equipment.
    (3) For each inspection during which a leak is detected, a record
of the information specified in Sec.  60.486a(c).
    (4) For each inspection conducted in accordance with Sec.
60.485a(b) during which no leaks are detected, a record that the
inspection was performed, the date of the inspection, and a statement
that no leaks were detected.
    (5) For each visual inspection conducted in accordance with
paragraph (f)(1)(ii) of this section during which no leaks are
detected, a record that the inspection was performed, the date of the
inspection, and a statement that no leaks were detected.
    (m) Closed vent systems and control devices used to comply with
provisions of this subpart shall be operated at all times when
emissions may be vented to them.

Sec.  60.482-11a  Standards: Connectors in gas/vapor service and in
light liquid service.

    (a) The owner or operator shall initially monitor all connectors in
the process unit for leaks by the later of either 12 months after the
compliance date or 12 months after initial startup. If all connectors
in the process unit have been monitored for leaks prior to the
compliance date, no initial monitoring is required provided either no
process changes have been made since the monitoring or the owner or
operator can determine that the results of the monitoring, with or
without adjustments, reliably demonstrate compliance despite process
changes. If required to monitor because of a process change, the owner
or operator is required to monitor only those connectors involved in
the process change.
    (b) Except as allowed in Sec.  60.482-1a(c), Sec.  60.482-10a, or
as specified in paragraph (e) of this section, the owner or operator
shall monitor all connectors in gas and vapor and light liquid service
as specified in paragraphs (a) and (b)(3) of this section.
    (1) The connectors shall be monitored to detect leaks by the method
specified in Sec.  60.485a(b) and, as applicable, Sec.  60.485a(c).
    (2) If an instrument reading greater than or equal to 500 ppm is
measured, a leak is detected.
    (3) The owner or operator shall perform monitoring, subsequent to
the initial monitoring required in paragraph (a) of this section, as
specified in paragraphs (b)(3)(i) through (iii) of this section, and
shall comply with the requirements of paragraphs (b)(3)(iv) and (v) of
this section. The required period in which monitoring must be conducted
shall be determined from paragraphs (b)(3)(i) through (iii) of this
section using the monitoring results from the preceding monitoring
period. The percent leaking connectors shall be calculated as specified
in paragraph (c) of this section.
    (i) If the percent leaking connectors in the process unit was
greater than or equal to 0.5 percent, then monitor within 12 months (1
year).
    (ii) If the percent leaking connectors in the process unit was
greater than or equal to 0.25 percent but less than 0.5 percent, then
monitor within 4 years. An owner or operator may comply with the
requirements of this paragraph by monitoring at least 40 percent of the
connectors within 2 years of the start of the monitoring period,
provided all connectors have been monitored by the end of the 4-year
monitoring period.
    (iii) If the percent leaking connectors in the process unit was
less than 0.25 percent, then monitor as provided in paragraph
(b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or
(b)(3)(iii)(C) of this section, as appropriate.
    (A) An owner or operator shall monitor at least 50 percent of the
connectors within 4 years of the start of the monitoring period.
    (B) If the percent of leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is
greater than or equal to 0.35 percent of the monitored connectors, the
owner or operator shall monitor as soon as practical, but within the
next 6 months, all connectors that have not yet been monitored during
the monitoring period. At the conclusion of monitoring, a new
monitoring period shall be started pursuant to paragraph (b)(3) of this
section, based on the percent of leaking connectors within the total
monitored connectors.
    (C) If the percent of leaking connectors calculated from the
monitoring results in paragraph (b)(3)(iii)(A) of this section is less
than 0.35 percent of the monitored connectors, the owner or operator
shall monitor all connectors that have not yet been monitored within 8
years of the start of the monitoring period.
    (iv) If, during the monitoring conducted pursuant to paragraphs
(b)(3)(i) through (iii) of this section, a connector is found to be
leaking, it shall be re-monitored once within 90 days after repair to
confirm that it is not leaking.
    (v) The owner or operator shall keep a record of the start date and
end date of each monitoring period under this section for each process
unit.
    (c) For use in determining the monitoring frequency, as specified
in paragraphs (a) and (b)(3) of this section, the percent leaking
connectors as used in paragraphs (a) and (b)(3) of this section shall
be calculated by using the following equation:

%CL = CL / Ct * 100

Where:

%CL = Percent of leaking connectors as determined through
periodic monitoring required in paragraphs (a) and (b)(3)(i) through
(iii) of this section.
CL = Number of connectors measured at 500 ppm or greater,
by the method specified in Sec.  60.485a(b).
Ct = Total number of monitored connectors in the process
unit or affected facility.

    (d) When a leak is detected pursuant to paragraphs (a) and (b) of
this section, it shall be repaired as soon as practicable, but not
later than 15 calendar days after it is detected, except as provided in
Sec.  60.482-9a. A first attempt at repair as defined in this subpart
shall be made no later than 5 calendar days after the leak is detected.
    (e) Any connector that is designated, as described in Sec.
60.486a(f)(1), as an unsafe-to-monitor connector is exempt from the
requirements of paragraphs (a) and (b) of this section if:
    (1) The owner or operator of the connector demonstrates that the
connector is unsafe-to-monitor because monitoring personnel would be
exposed to an immediate danger as a consequence of complying with
paragraphs (a) and (b) of this section; and
    (2) The owner or operator of the connector has a written plan that
requires monitoring of the connector as frequently as practicable
during safe-to-monitor times but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in paragraph (d) of this section if a leak
is detected.
    (f) Inaccessible, ceramic, or ceramic-lined connectors. (1) Any
connector that is inaccessible or that is ceramic or ceramic-lined
(e.g., porcelain, glass, or glass-lined), is exempt from the monitoring
requirements of paragraphs (a) and (b) of this section, from the leak
repair requirements of paragraph (d) of this section, and from the
recordkeeping and reporting requirements of Sec. Sec.  63.1038 and
63.1039. An inaccessible connector is one that meets any of the
provisions specified in paragraphs (f)(1)(i) through (vi) of this
section, as applicable:
    (i) Buried;
    (ii) Insulated in a manner that prevents access to the connector by
a monitor probe;
    (iii) Obstructed by equipment or piping that prevents access to the
connector by a monitor probe;
    (iv) Unable to be reached from a wheeled scissor-lift or hydraulic-
type scaffold that would allow access to connectors up to 7.6 meters
(25 feet) above the ground;
    (v) Inaccessible because it would require elevating the monitoring
personnel more than 2 meters (7 feet) above a permanent support surface
or would require the erection of scaffold; or
    (vi) Not able to be accessed at any time in a safe manner to
perform monitoring. Unsafe access includes, but is not limited to, the
use of a wheeled scissor-lift on unstable or uneven terrain, the use of
a motorized man-lift basket in areas where an ignition potential
exists, or access would require near proximity to hazards such as
electrical lines, or would risk damage to equipment.
    (2) If any inaccessible, ceramic, or ceramic-lined connector is
observed by visual, audible, olfactory, or other means to be leaking,
the visual, audible, olfactory, or other indications of a leak to the
atmosphere shall be eliminated as soon as practical.
    (g) Except for instrumentation systems and inaccessible, ceramic,
or ceramic-lined connectors meeting the provisions of paragraph (f) of
this section, identify the connectors subject to the requirements of
this subpart. Connectors need not be individually identified if all
connectors in a designated area or length of pipe subject to the
provisions of this subpart are identified as a group, and the number of
connectors subject is indicated.

Sec.  60.483-1a  Alternative standards for valves--allowable percentage
of valves leaking.

    (a) An owner or operator may elect to comply with an allowable
percentage of valves leaking of equal to or less than 2.0 percent.
    (b) The following requirements shall be met if an owner or operator
wishes to comply with an allowable percentage of valves leaking:
    (1) An owner or operator must notify the Administrator that the
owner or operator has elected to comply with the allowable percentage
of valves leaking before implementing this alternative standard, as
specified in Sec.  60.487a(d).
    (2) A performance test as specified in paragraph (c) of this
section shall be conducted initially upon designation, annually, and at
other times requested by the Administrator.
    (3) If a valve leak is detected, it shall be repaired in accordance
with Sec.  60.482-7a(d) and (e).
    (c) Performance tests shall be conducted in the following manner:
    (1) All valves in gas/vapor and light liquid service within the
affected facility shall be monitored within 1 week by the methods
specified in Sec.  60.485a(b).
    (2) If an instrument reading of 500 ppm or greater is measured, a
leak is detected.
    (3) The leak percentage shall be determined by dividing the number
of valves for which leaks are detected by the number of valves in gas/
vapor and light liquid service within the affected facility.
    (d) Owners and operators who elect to comply with this alternative
standard shall not have an affected facility with a leak percentage
greater than 2.0 percent, determined as described in Sec.  60.485a(h).

Sec.  60.483-2a  Alternative standards for valves--skip period leak
detection and repair.

    (a)(1) An owner or operator may elect to comply with one of the
alternative work practices specified in paragraphs (b)(2) and (3) of
this section.
    (2) An owner or operator must notify the Administrator before
implementing one of the alternative work practices, as specified in
Sec.  60.487(d)a.
    (b)(1) An owner or operator shall comply initially with the
requirements for valves in gas/vapor service and valves in light liquid
service, as described in Sec.  60.482-7a.
    (2) After 2 consecutive quarterly leak detection periods with the
percent of valves leaking equal to or less than 2.0, an owner or
operator may begin to skip 1 of the quarterly leak detection periods
for the valves in gas/vapor and light liquid service.
    (3) After 5 consecutive quarterly leak detection periods with the
percent of valves leaking equal to or less than 2.0, an owner or
operator may begin to skip 3 of the quarterly leak detection periods
for the valves in gas/vapor and light liquid service.
    (4) If the percent of valves leaking is greater than 2.0, the owner
or operator shall comply with the requirements as described in Sec.
60.482-7a but can again elect to use this section.
    (5) The percent of valves leaking shall be determined as described
in Sec.  60.485a(h).
    (6) An owner or operator must keep a record of the percent of
valves found leaking during each leak detection period.
    (7) A valve that begins operation in gas/vapor service or light
liquid service after the initial startup date for a process unit
following one of the alternative standards in this section must be
monitored in accordance with Sec.  60.482-7a(a)(2)(i) or (ii) before
the provisions of this section can be applied to that valve.

Sec.  60.484a  Equivalence of means of emission limitation.

    (a) Each owner or operator subject to the provisions of this
subpart may apply to the Administrator for determination of equivalence
for any means of emission limitation that achieves a reduction in
emissions of VOC at least equivalent to the reduction in emissions of
VOC achieved by the controls required in this subpart.
    (b) Determination of equivalence to the equipment, design, and
operational requirements of this subpart will be evaluated by the
following guidelines:
    (1) Each owner or operator applying for an equivalence
determination shall be responsible for collecting and verifying test
data to demonstrate equivalence of means of emission limitation.
    (2) The Administrator will compare test data for demonstrating
equivalence of the means of emission limitation to test data for the
equipment, design, and operational requirements.
    (3) The Administrator may condition the approval of equivalence on
requirements that may be necessary to assure operation and maintenance
to achieve the same emission reduction as the equipment, design, and
operational requirements.
    (c) Determination of equivalence to the required work practices in
this subpart will be evaluated by the following guidelines:
    (1) Each owner or operator applying for a determination of
equivalence shall be responsible for collecting and verifying test data
to demonstrate equivalence of an equivalent means of emission
limitation.
    (2) For each affected facility for which a determination of
equivalence is requested, the emission reduction achieved by the
required work practice shall be demonstrated.
    (3) For each affected facility, for which a determination of
equivalence is requested, the emission reduction achieved by the
equivalent means of emission limitation shall be demonstrated.
    (4) Each owner or operator applying for a determination of
equivalence shall commit in writing to work practice(s) that provide
for emission reductions equal to or greater than the emission
reductions achieved by the required work practice.
    (5) The Administrator will compare the demonstrated emission
reduction for the equivalent means of emission limitation to the
demonstrated emission reduction for the required work practices and
will consider the commitment in paragraph (c)(4) of this section.
    (6) The Administrator may condition the approval of equivalence on
requirements that may be necessary to assure operation and maintenance
to achieve the same emission reduction as the required work practice.
    (d) An owner or operator may offer a unique approach to demonstrate
the equivalence of any equivalent means of emission limitation.
    (e)(1) After a request for determination of equivalence is
received, the Administrator will publish a notice in the Federal
Register and provide the opportunity for public hearing if the
Administrator judges that the request may be approved.
    (2) After notice and opportunity for public hearing, the
Administrator will determine the equivalence of a means of emission
limitation and will publish the determination in the Federal Register.
    (3) Any equivalent means of emission limitations approved under
this section shall constitute a required work practice, equipment,
design, or operational standard within the meaning of section 111(h)(1)
of the CAA.
    (f)(1) Manufacturers of equipment used to control equipment leaks
of VOC may apply to the Administrator for determination of equivalence
for any equivalent means of emission limitation that achieves a
reduction in emissions of VOC achieved by the equipment, design, and
operational requirements of this subpart.
    (2) The Administrator will make an equivalence determination
according to the provisions of paragraphs (b), (c), (d), and (e) of
this section.

Sec.  60.485a  Test methods and procedures.

    (a) In conducting the performance tests required in Sec.  60.8, the
owner or operator shall use as reference methods and procedures the
test methods in appendix A of this part or other methods and procedures
as specified in this section, except as provided in Sec.  60.8(b).
    (b) The owner or operator shall determine compliance with the
standards in Sec. Sec.  60.482-1a through 60.482-11a, 60.483a, and
60.484a as follows:
    (1) Method 21 shall be used to determine the presence of leaking
sources. The instrument shall be calibrated before use each day of its
use by the procedures specified in Method 21 of appendix A-7 of this
part. The following calibration gases shall be used:
    (i) Zero air (less than 10 ppm of hydrocarbon in air); and
    (ii) A mixture of methane or n-hexane and air at a concentration no
more than 2,000 ppm greater than the leak definition concentration of
the equipment monitored. If the monitoring instrument's design allows
for multiple calibration scales, then the lower scale shall be
calibrated with a calibration gas that is no higher than 2,000 ppm
above the concentration specified as a leak, and the highest scale
shall be calibrated with a calibration gas that is approximately equal
to 10,000 ppm. If only one scale on an instrument will be used during
monitoring, the owner or operator need not calibrate the scales that
will not be used during that day's monitoring.
    (2) A calibration drift assessment shall be performed, at a
minimum, at the end of each monitoring day. Check the instrument using
the same calibration gas(es) that were used to calibrate the instrument
before use. Follow the procedures specified in Method 21 of appendix A-
7 of this part, Section 10.1, except do not adjust the meter readout to
correspond to the calibration gas value. Record the instrument reading
for each scale used as specified in Sec.  60.486a(e)(7). Calculate the
average algebraic difference between the three meter readings and the
most recent calibration value. Divide this algebraic difference by the
initial calibration value and multiply by 100 to express the
calibration drift as a percentage. If any calibration drift assessment
shows a negative drift of more than 10 percent from the initial
calibration value, then all equipment monitored since the last
calibration with instrument readings below the appropriate leak
definition and above the leak definition multiplied by (100 minus the
percent of negative drift/divided by 100) must be re-monitored. If any
calibration drift assessment shows a positive drift of more than 10
percent from the initial calibration value, then, at the owner/
operator's discretion, all equipment since the last calibration with
instrument readings above the appropriate leak definition and below the
leak definition multiplied by (100 plus the percent of positive drift/
divided by 100) may be re-monitored.
    (c) The owner or operator shall determine compliance with the no-
detectable-emission standards in Sec. Sec.  60.482-2a(e), 60.482-3a(i),
60.482-4a, 60.482-7a(f), and 60.482-10a(e) as follows:
    (1) The requirements of paragraph (b) shall apply.
    (2) Method 21 of appendix A-7 of this part shall be used to
determine the background level. All potential leak interfaces shall be
traversed as close to the interface as possible. The arithmetic
difference between the maximum

concentration indicated by the instrument and the background level is
compared with 500 ppm for determining compliance.
    (d) The owner or operator shall test each piece of equipment unless
he demonstrates that a process unit is not in VOC service, i.e., that
the VOC content would never be reasonably expected to exceed 10 percent
by weight. For purposes of this demonstration, the following methods
and procedures shall be used:
    (1) Procedures that conform to the general methods in ASTM E260-73,
91, or 96, E168-67, 77, or 92, E169-63, 77, or 93 (incorporated by
reference--see Sec.  60.17) shall be used to determine the percent VOC
content in the process fluid that is contained in or contacts a piece
of equipment.
    (2) Organic compounds that are considered by the Administrator to
have negligible photochemical reactivity may be excluded from the total
quantity of organic compounds in determining the VOC content of the
process fluid.
    (3) Engineering judgment may be used to estimate the VOC content,
if a piece of equipment had not been shown previously to be in service.
If the Administrator disagrees with the judgment, paragraphs (d)(1) and
(2) of this section shall be used to resolve the disagreement.
    (e) The owner or operator shall demonstrate that a piece of
equipment is in light liquid service by showing that all the following
conditions apply:
    (1) The vapor pressure of one or more of the organic components is
greater than 0.3 kPa at 20 [deg]C (1.2 in. H2O at 68
[deg]F). Standard reference texts or ASTM D2879-83, 96, or 97
(incorporated by reference--see Sec.  60.17) shall be used to determine
the vapor pressures.
    (2) The total concentration of the pure organic components having a
vapor pressure greater than 0.3 kPa at 20 [deg]C (1.2 in.
H2O at 68 [deg]F) is equal to or greater than 20 percent by
weight.
    (3) The fluid is a liquid at operating conditions.
    (f) Samples used in conjunction with paragraphs (d), (e), and (g)
of this section shall be representative of the process fluid that is
contained in or contacts the equipment or the gas being combusted in
the flare.
    (g) The owner or operator shall determine compliance with the
standards of flares as follows:
    (1) Method 22 of appendix A-7 of this part shall be used to
determine visible emissions.
    (2) A thermocouple or any other equivalent device shall be used to
monitor the presence of a pilot flame in the flare.
    (3) The maximum permitted velocity for air assisted flares shall be
computed using the following equation:

Vmax = K1 + K2HT

Where:

Vmax = Maximum permitted velocity, m/sec (ft/sec).
HT = Net heating value of the gas being combusted, MJ/scm
(Btu/scf).
K1 = 8.706 m/sec (metric units) = 28.56 ft/sec (English
units).
K2 = 0.7084 m\4\/(MJ-sec) (metric units) = 0.087 ft\4\/
(Btu-sec) (English units).

    (4) The net heating value (HT) of the gas being combusted in a
flare shall be computed using the following equation:

[GRAPHIC] [TIFF OMITTED] TR16NO07.038

Where:

K = Conversion constant, 1.740 x 10-\7\ (g-mole)(MJ)/
(ppm-scm-kcal) (metric units) = 4.674 x 10-\6\ [(g-
mole)(Btu)/(ppm-scf-kcal)] (English units).
Ci = Concentration of sample component ``i,'' ppm
Hi = net heat of combustion of sample component ``i'' at
25 [deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole.

    (5) Method 18 of appendix A-6 of this part or ASTM D6420-99 (2004)
(where the target compound(s) are those listed in Section 1.1 of ASTM