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Friday,

November 16, 2007

Part III

Environmental
Protection Agency
40 CFR Parts 60 and 63
Standards of Performance for Equipment
Leaks of VOC in the Synthetic Organic
Chemicals Manufacturing Industry;
Standards of Performance for Equipment
Leaks of VOC in Petroleum Refineries;
Final Rule
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64860 Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Rules and Regulations

ENVIRONMENTAL PROTECTION equipment leaks of volatile organic Building, Room 3334, 1301 Constitution
AGENCY compounds in the synthetic organic Ave., NW., Washington, DC. The Public
chemicals manufacturing industry and Reading Room is open from 8:30 a.m. to
40 CFR Parts 60 and 63 for equipment leaks of volatile organic 4:30 p.m., Monday through Friday,
[EPA–HQ–OAR–2006–0699; FRL–8492–4] compounds in petroleum refineries excluding legal holidays. The telephone
which apply to affected facilities that number for the Public Reading Room is
RIN 2060–AN71 are constructed, reconstructed, or (202) 566–1744, and the telephone
modified after November 7, 2006. The number for the Air and Radiation
Standards of Performance for
final amendments and new standards Docket is (202) 566–1742.
Equipment Leaks of VOC in the
are based on the results of our review
Synthetic Organic Chemicals FOR FURTHER INFORMATION CONTACT: For
of the existing regulations as required by
Manufacturing Industry; Standards of information concerning the final
section 111(b)(1)(B) of the Clean Air
Performance for Equipment Leaks of amendments and new standards,
Act.
VOC in Petroleum Refineries contact Ms. Karen Rackley, Coatings and
DATES: This final rule is effective on Chemicals Group, Sector Policies and
AGENCY: Environmental Protection November 16, 2007. The incorporation Programs Division, Office of Air Quality
Agency (EPA). by reference of certain publications Planning and Standards (E143–01),
ACTION: Final rule. listed in these rules is approved by the Environmental Protection Agency,
SUMMARY: EPA is issuing final Director of the Federal Register as of Research Triangle Park, North Carolina
amendments to the standards of November 16, 2007. 27711; telephone number: (919) 541–
performance for equipment leaks of ADDRESSES: EPA has established a 0634; fax number: (919) 541–0246; e-
volatile organic compounds in the docket for this action under Docket ID mail address: rackley.karen@epa.gov.
synthetic organic chemicals No. EPA–HQ–OAR–2006–0699. All For information concerning compliance
manufacturing industry and to the documents in the docket are listed in and enforcement of the final
standards of performance for equipment the Federal Docket Management System amendments and new standards,
leaks of volatile organic compounds in index at www.regulations.gov. Although contact Ms. Marcia Mia, Air Compliance
petroleum refineries. The amended listed in the index, some information is Branch, Compliance Assessment and
standards for the synthetic organic not publicly available, e.g., Confidential Media Programs Division, Office of
chemicals manufacturing industry apply Business Information (CBI) or other Compliance (MC 2223A),
to affected facilities that are constructed, information whose disclosure is Environmental Protection Agency,
reconstructed, or modified after January restricted by statute. Certain other Washington, DC 20460; telephone
5, 1981, and on or before November 7, material, such as copyrighted material, number: (202) 564–7042; fax number:
2006. The amended standards for is not placed on the Internet and will be (202) 564–0050; and e-mail address:
petroleum refineries apply to affected publicly available only in hard copy mia.marcia@epa.gov.
facilities that are constructed, form. Publicly available docket
reconstructed, or modified after January materials are available either SUPPLEMENTARY INFORMATION:
4, 1983, and on or before November 7, electronically through Regulated Entities. Categories and
2006. In this action, EPA is also issuing www.regulations.gov or in hard copy at entities potentially regulated by this
new standards of performance for the Air and Radiation Docket, EPA West action include:

Category NAICS code1 Examples of potentially regulated entities

Industry ............................................ 324110 ........................................... Petroleum refiners.


Primarily 325110, 325192, Synthetic organic chemical manufacturing industry (SOCMI) units,
325193, and 325199. e.g., producers of benzene, toluene, or any other chemical listed in
40 CFR 60.489.
1 North American Industrial Classification Code.

This table is not intended to be copy of the final rule on the TTN’s established by this final rule may not be
exhaustive, but rather provides a guide policy and guidance page for newly challenged separately in any civil or
for readers regarding entities likely to be proposed or promulgated rules at criminal proceedings brought by EPA to
regulated by this action. To determine http://www.epa.gov/ttn/oarpg. The TTN enforce these requirements.
whether your facility is regulated by this provides information and technology Section 307(d)(7)(B) of the CAA
action, you should examine the exchange in various areas of air further provides that ‘‘[O]nly an
applicability criteria in 40 CFR 60.480, pollution control. objection to a rule or procedure which
60.590, 60.480a, and 60.590a. If you Judicial Review. Under section 307(b) was raised with reasonable specificity
have any questions regarding the of the Clean Air Act (CAA), judicial during the period for public comment
applicability of the final amendments or review of the final rule is available only (including any public hearing) may be
new standards to a particular entity, by filing a petition for review in the raised during judicial review.’’ This
contact the people listed in the United States Court of Appeals for the section also provides a mechanism for
preceding FOR FURTHER INFORMATION District of Columbia Circuit by January us to convene a proceeding for
CONTACT section. 15, 2008. Under section 307(d)(7)(B) of reconsideration, ‘‘[i]f the person raising
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Worldwide Web (WWW). In addition the CAA, only an objection to the final an objection can demonstrate to the EPA
to being available in the docket, an rule that was raised with reasonable that is was impracticable to raise such
electronic copy of the final rule is specificity during the period for pubic objection within [the period for public
available on the WWW through the comment can be raised during judicial comment] or if the grounds for such
Technology Transfer Network (TTN). review. Moreover, under section objection arose after the period for
Following signature, EPA will post a 307(b)(2) of the CAA, the requirements public comment (but within the time

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specified for judicial review) and if such Significantly Affect Energy Supply, 40 CFR part 60, Standards of
objection is of central relevance to the Distribution, or Use Performance for Volatile Organic
outcome of the rule.’’ Any person I. National Technology Transfer and Compound (VOC) Emissions from the
Advancement Act Polymer Manufacturing Industry,
seeking to make such a demonstration to
J. Executive Order 12898: Federal Actions
us should submit a Petition for To Address Environmental Justice in
applies to polypropylene, polyethylene,
Reconsideration to the Office of the Minority Populations and Low-Income polystyrene, and poly (ethylene
Administrator, U.S. EPA, Room 3000, Populations terephthalate) process units. Subpart
Ariel Rios Building, 1200 Pennsylvania K. Congressional Review Act GGG of 40 CFR part 60 applies to
Ave., NW., Washington, DC 20460, with petroleum refining process units.
a copy to both the person(s) listed in the I. Background Information Subpart KKK of 40 CFR part 60 applies
preceding FOR FURTHER INFORMATION A. What is the statutory authority for the to onshore natural gas processing plants.
CONTACT section, and the Associate final amendments and new standards? Subparts DDD, GGG, and KKK of 40
General Counsel for the Air and CFR part 60 cross-reference the
New source performance standards requirements in subpart VV, and they
Radiation Law Office, Office of General
(NSPS) implement CAA section 111 and specify source category-specific
Counsel (Mail Code 2344A), U.S. EPA,
are issued for categories of sources definitions and exceptions to the
1200 Pennsylvania Ave., NW.,
which cause, or contribute significantly requirements in subpart VV.
Washington, DC 20460.
to, air pollution which may reasonably The NSPS for equipment leaks of VOC
Outline. The information presented in
be anticipated to endanger public health in the SOCMI (40 CFR part 60, subpart
this preamble is organized as follows:
or welfare. The primary purpose of the VV) were originally promulgated on
I. Background Information NSPS are to attain and maintain
A. What is the statutory authority for the October 18, 1983 (48 FR 48335) and
ambient air quality by ensuring that the apply to all equipment, as defined by
final amendments and new standards?
B. What are the current equipment leak best demonstrated emission control the rule, within a process unit in the
NSPS? technologies are installed as the SOCMI that commenced construction,
C. How were the final amendments industrial infrastructure is modernized. reconstruction, or modification after
developed? Since 1970, the NSPS have been January 5, 1981. For the purpose of
II. Summary of the Final Amendments, New successful in achieving long-term subpart VV, the SOCMI consists of
Standards, and Changes Since Proposal emissions reductions at numerous process units producing any of the
A. What are the final amendments to 40 industries by assuring cost-effective
CFR part 60, subpart VV? chemicals listed in 40 CFR 60.489 of
controls are installed on new, subpart VV. The standards apply to
B. What are the final amendments to 40
CFR part 60, subpart GGG? reconstructed, or modified sources. pumps, compressors, pressure relief
C. What are the requirements of 40 CFR Section 111 of the CAA requires that devices, sampling connection systems,
part 60, subpart VVa? NSPS reflect the application of the best open-ended valves or lines (OEL),
D. What are the requirements of 40 CFR system of emission reductions which valves, and flanges or other connectors
part 60, subpart GGGa? (taking into consideration the cost of in VOC service. Depending on the type
III. Rationale for Changes Since Proposal achieving such emission reductions, any of equipment, the standards require
A. How did EPA develop new standards non-air quality health and either periodic monitoring for and
for 40 CFR part 60, subparts VVa and environmental impact and energy
GGGa? repair of leaks, the use of specified
B. How did EPA develop the new
requirements) the Administrator equipment to minimize leaks, or
compliance requirements in 40 CFR part determines has been adequately specified work practices. Monitoring for
60, subparts VVa and GGGa? demonstrated. This level of control is leaks must be conducted using EPA
C. How did EPA develop the final commonly referred to as best Method 21 in appendix A–7 to 40 CFR
amendments to 40 CFR part 60, subparts demonstrated technology (BDT). part 60 or other approved equivalent
VV and GGG? Section 111(b)(1)(B) of the CAA monitoring techniques. Owners and
IV. Summary of Comments and Responses requires that EPA periodically review operators must keep records that
A. Applicability and revise the standards of performance, identify the equipment that is subject to
B. Standards as necessary, to reflect improvements in
C. Test Methods and Procedures the standards, identify equipment that is
D. Recordkeeping and Reporting methods for reducing emissions. Based leaking, and document attempts at
E. Burden Estimates on the results of the review required by repair. Information related to leaks and
V. Summary of Cost, Environmental, Energy, CAA section 111(b)(1)(B), we proposed repair attempts also must be included in
and Economic Impacts amendments to the NSPS for equipment semiannual reports. This subpart has
A. What are the impacts for SOCMI process leaks of volatile organic compounds been amended several times between
units? (VOC) in the synthetic organic 1984 and 2000. Typically, these
B. What are the impacts for petroleum chemicals manufacturing industry amendments added definitions,
refining process units? (SOCMI) and the petroleum refining exemptions, alternative compliance
C. What are the economic impacts?
VI. Statutory and Executive Order Reviews industry on November 7, 2006 (71 FR options, and clarifications. For example,
A. Executive Order 12866: Regulatory 65302). In this action, EPA is finalizing one amendment provides an option to
Planning and Review amendments to 40 CFR part 60, subparts comply with the equipment leak
B. Paperwork Reduction Act VV and GGG and issuing new standards provisions in the Consolidated Federal
C. Regulatory Flexibility Act of performance in 40 CFR part 60, Air Rule (CAR) (40 CFR part 65, subpart
D. Unfunded Mandates Reform Act subparts VVa and GGGa. F). None of these amendments increased
E. Executive Order 13132: Federalism the intended performance level of the
F. Executive Order 13175: Consultation B. What are the current equipment leak
standards.
and Coordination With Indian Tribal NSPS?
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The NSPS for equipment leaks of VOC


Governments
G. Executive Order 13045: Protection of
New source performance standards in petroleum refineries (40 CFR part 60,
Children From Environmental Health for equipment leaks of VOC have been subpart GGG) apply to petroleum
Risks and Safety Risks developed for four source categories. refining process units for which
H. Executive Order 13211: Actions Subpart VV of 40 CFR part 60 applies construction, reconstruction, or
Concerning Regulations That to SOCMI process units. Subpart DDD of modification commenced after January

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4, 1983. Those standards were originally addition, all of the proposed 1. Applicability
promulgated on May 30, 1984 (49 FR amendments, except the leak definition The owner or operator of an affected
22606), and have been amended only change, applied to affected facilities facility subject to 40 CFR part 60,
once since the original promulgation (65 under all other NSPS that cross- subpart VV may choose to comply with
FR 61768, October 17, 2000) to update reference subpart VV (i.e., 40 CFR part the requirements in new 40 CFR part 60,
the American Society for Testing and 60, subparts DDD and KKK). subpart VVa instead of the requirements
Materials (ASTM) test method Based on the public comments, we in subpart VV.
references. decided to include only clarifications,
2. Standards
C. How were the final amendments changes that reduce burden, and
developed? additional compliance options in the The final amendments simplify the
final amendments to 40 CFR part 60, compliance requirements for pumps.
We proposed amendments to 40 CFR
subparts VV and GGG. The final When indications of liquids dripping
part 60, subpart VV and 40 CFR part 60,
amendments to both subparts also limit are observed during weekly inspections,
subpart GGG on November 7, 2006 (71
which SOCMI and petroleum refinery 40 CFR part 60, subpart VV requires
FR 65302). The preamble for the
proposed amendments described the affected sources are subject to the repair of the leak following the same
rationale for the proposed amendments. existing subparts. Specifically, the procedures as if the leak were detected
Public comments were solicited at the existing subparts only apply to those by monitoring. The final amendment in
time of proposal. The public comment existing affected sources that 40 CFR 60.482–2(b)(2) allows the owner
period lasted from November 7, 2006, to commenced construction, or operator to either repair the leak by
February 8, 2007. We offered at proposal reconstruction, or modification after eliminating the indications of liquids
the opportunity for a public hearing January 5, 1981, (SOCMI) or January 4, dripping or determine if it is leaking
concerning the proposed amendments, 1983, (petroleum refineries) and on or based on the instrument reading
but no hearing was requested. We also before November 7, 2006. The final obtained by monitoring the pump in
published a Notice of Additional Data amendments to subpart VV also apply to accordance with EPA Method 21 (40
Availability (NODA) on July 9, 2007 (72 affected sources under NSPS that cross- CFR part 60, appendix A–7) or other
FR 37157). The NODA provided reference subpart VV (i.e., 40 CFR part approved equivalent monitoring
additional information regarding OEL. 60, subparts DDD and KKK). techniques. This amendment will focus
Public comments were solicited at the the leak detection and repair (LDAR)
In addition to amending 40 CFR part program on finding and repairing VOC
time of publication, and the public 60, subparts VV and GGG, we also
comment period lasted from July 9, leaks.
decided to develop new standards in The final amendments also include an
2007, to August 8, 2007. new subparts VVa and GGGa of 40 CFR
We received a total of 28 public alternative compliance option that
part 60 that apply only to SOCMI and allows less frequent monitoring for
comment letters during the comment
petroleum refinery affected sources, pumps and valves in batch process units
periods, 23 on the proposed
respectively, that commence that operate part-time during the year.
amendments and five on the NODA.
construction, reconstruction, or This alternative applies to currently
Comments were submitted by industry
modification after November 7, 2006. required monthly, quarterly, and
trade associations and consultants,
These new standards parallel the semiannual monitoring intervals; less
chemical companies and petroleum
standards in the amended subparts VV frequent monitoring is not allowed for
refineries, state regulatory agencies,
and GGG, but they also include different monitoring that is currently required on
local government agencies, and
standards for pumps in light liquid an annual or less frequent basis. For
environmental groups. These final
service and valves in gas/vapor or light example, pumps in a process unit that
amendments reflect our consideration of
liquid service (i.e., lower leak operate 5,250 hours per year (about 60
all of the comments received during the
definitions than in subparts VV and percent of full-time operation) may be
comment periods. Major public
GGG), and they include additional monitored every other month rather
comments on the proposed
recordkeeping and instrument than monthly. This alternative will
amendments, along with our responses
calibration requirements. Furthermore, ensure that monitoring occurs
to those comments, are summarized in
the new standards in 40 CFR part 60, consistently while the process unit is
this preamble.
subpart VVa include monitoring and operating. The alternative monitoring
II. Summary of the Final Amendments, repair requirements for connectors. The schedule for batch processes was
New Standards, and Changes Since new standards do not apply to affected developed as part of the development of
Proposal sources under 40 CFR part 60, subparts the hazardous organic national emission
In response to public comments, we DDD or KKK because we have not standards for hazardous air pollutants
have revised the scope and applicability amended those subparts to reference the (NESHAP) (HON) (57 FR 62680). This
of the proposed amendments to the requirements in subpart VVa and we alternative has been determined to be
standards of performance for equipment have not completed an analysis to comparable to the provisions for
leaks of VOC for SOCMI (40 CFR part determine if the new standards are BDT continuous processes. As the time in
60, subpart VV) and petroleum for subparts DDD and KKK. use increases, the monitoring
refineries (40 CFR part 60, subpart A. What are the final amendments to 40 frequencies are identical for both batch
GGG). As proposed, all of the CFR part 60, subpart VV? and continuous processes.
amendments to subparts VV and GGG, In response to public comments, we
except the change in leak definitions for The final amendments to 40 CFR part have revised the proposed clarification
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pumps and valves, applied to affected 60, subpart VV provide additional to the initial monitoring requirements
facilities in these industries that compliance options, clarify ambiguous for pumps and valves (that all pumps
commenced construction, provisions, and make technical and valves be monitored within the first
reconstruction, or modification after corrections. These changes are month of operation after installation).
January 5, 1981, (SOCMI) or January 4, summarized in Table 1 in section III.C The final amendments require the
1983, (petroleum refineries). In of this preamble. owner or operator to monitor all pumps

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on a monthly basis regardless of 3. Definitions are constructed, reconstructed, or


whether the pump is new or existing. Several amendments clarify the modified after November 7, 2006. This
The owner or operator of a new valve original intent of the definitions in 40 new subpart includes all the
must monitor the valve for the first time CFR part 60, subpart VV. These requirements of 40 CFR part 60, subpart
within 30 days after being placed into definitions include ‘‘connector,’’ VV, as amended, along with new
service to ensure proper installation. ‘‘process unit,’’ and ‘‘sampling provisions. The owner or operator of an
Any valve for which a leak is not connection system.’’ In addition, affected facility subject to subpart VVa
detected for 2 successive months may be definitions of ‘‘closed-loop system,’’ may elect to comply with the CAR at 40
monitored the first month of every ‘‘closed-purge system,’’ ‘‘storage vessel,’’ CFR part 65, subpart F, or the HON at
quarter, beginning with the next quarter, and ‘‘transfer rack’’ were added to 40 CFR part 63, subpart H, instead of the
until a leak is detected. As an further clarify existing definitions. The requirements in subpart VVa, provided
alternative to monitoring a new valve definition of ‘‘process unit’’ is discussed they still comply with the requirements
within 30 days, if the valves in the in further detail in section IV.A.3 of this in 40 CFR 60.482–6a.
process unit are monitored under the preamble. The rationale for revising and 40 CFR part 60, subpart VVa includes
alternative standards for valves that adding the other definitions is included lower leak definitions for pumps and
allow skip period leak detection and in Docket ID No. EPA–HQ–OAR–2006– valves than 40 CFR part 60, subpart VV.
repair in 40 CFR 60.483–2, the owner or 0699. Under subpart VVa, the leak definition
operator must count the new valve as for pumps in light liquid service is
4. Miscellaneous Corrections 2,000 parts per million (ppm) (5,000
leaking when calculating the percentage
Finally, the final amendments include ppm for pumps handling polymerizing
of valves leaking. If less than 2.0 percent
a few technical corrections to fix monomers) instead of 10,000 ppm. The
of the valves are leaking for that process
references and other miscellaneous leak definition for valves in gas/vapor
unit, the valve must be monitored for
errors in 40 CFR part 60, subpart VV. No service or light liquid service is 500
the first time during the next scheduled
changes have been made to the ppm instead of 10,000 ppm. Rationale
monitoring event for existing valves in
proposed corrections, and a number of for this new standard was provided in
the process unit or within 90 days, section III.A.1 of the preamble to the
whichever comes first. additional corrections are included in
the final amendments. The technical proposed amendments and is discussed
As an alternative to monitoring all of corrections are identified in section further in section III.A.1 of this
the valves in the first month of a III.A.3 of the preamble to the proposed preamble.
quarter, an owner or operator may elect amendments (71 FR 65307–65308, 40 CFR part 60, subpart VVa also
to subdivide the process unit into two November 7, 2006) as well as Table 1 of includes requirements for monitoring
or three subgroups of valves and this preamble. connectors. The owner or operator is
monitor each subgroup in a different required to monitor connectors at a leak
month during the quarter, provided B. What are the final amendments to 40 definition of 500 ppm and at a
each subgroup is monitored every 3 CFR part 60, subpart GGG? frequency that is based on the
months. The owner or operator must A few minor changes have been made percentage of connectors found to be
keep records of the valves assigned to to the 40 CFR part 60, subpart GGG leaking. The rationale supporting the
each subgroup. amendments since proposal. The LDAR provisions for connectors is
The clarifications to the requirements heading and 40 CFR 60.590(b) were located in section III.A.2 of this
for sampling connection systems in 40 revised to clarify that the subpart preamble.
applies to sources that commence 40 CFR part 60, subpart VVa includes
CFR 60.482–5 have been revised since
construction, reconstruction, or additional recordkeeping requirements
proposal to add additional destinations
modification on or before November 7, and quality assurance measures.
for purged process fluid. All containers
2006, and 40 CFR 60.590(d) was revised Records must identify the monitoring
must be covered when not being filled
to exclude facilities subject to 40 CFR instrument, operator, equipment, the
or emptied. The amendments also
part 60, subpart VVa. Proposed date, and maximum instrument reading.
clarify what materials must be captured
revisions that remain in the final A calibration drift assessment is
and returned to the process during
amendments to subpart GGG include a required at the end of each day of
sampling.
definition of ‘‘asphalt’’ and an monitoring and records of monitoring
In response to comments, we have exemption from the requirements for instrument calibrations are required.
revised the proposed option for delay of OEL in 40 CFR 60.482–6(a) through (c) The calibration drift assessment
repair in 40 CFR 60.482–9. The for OEL containing asphalt. The requirements proposed for 40 CFR part
proposed amendment would have definition of ‘‘process unit’’ is 60, subpart VV were revised based on
allowed the owner or operator to comparable to the definition in 40 CFR public comments. The requirements in
discontinue monitoring for equipment part 60, subpart VV. the new standards include a
on delay-of-repair. We have not The final amendments also include a requirement to remonitor equipment if
included this in the final amendments few technical corrections to fix the drift assessment shows positive
and new standards because a leak may references and other miscellaneous drift. The requirements in the new
worsen while on delay-of-repair and errors in 40 CFR part 60, subpart GGG. standards provide for a less stringent
require a more immediate shutdown. These changes are identified in section remonitoring effort for drift assessments
Therefore, all equipment on delay-of- III.B.5 of the preamble to the proposed showing negative drift.
repair must be monitored as scheduled. amendments (71 FR 65309, November 7,
The option to consider equipment to be D. What are the requirements of 40 CFR
2006). No changes have been made to
part 60, subpart GGGa?
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repaired if two consecutive readings are these corrections since proposal.


below the leak definition was not 40 CFR part 60, subpart GGGa applies
removed. If two consecutive readings C. What are the requirements of 40 CFR to affected facilities at petroleum
are below the applicable leak definition, part 60, subpart VVa? refineries that are constructed,
the owner or operator may remove the 40 CFR part 60, subpart VVa applies reconstructed, or modified after
equipment from delay-of-repair. to affected facilities in the SOCMI that November 7, 2006. New subpart GGGa

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includes the requirements in 40 CFR equipment, but leaks may still develop. results of the impacts analysis is
part 60, subpart GGG, as amended. Therefore, monitoring or other type of provided in the docket (Docket ID No.
Affected facilities must comply with the observation is appropriate to ensure that EPA–HQ–OAR–2006–0699).
requirements in new subpart VVa of 40 leaks are caught if they develop. In We decided not to consider a lower
CFR part 60, except for the monitoring addition, these types of equipment may leak definition for pumps because we do
requirements applicable to connectors. not be suitable for all possible process not have evidence that it will achieve
operating temperatures, pressures, and significant emission reductions at
III. Rationale for Changes Since fluid types. We could not identify any reasonable cost and because such a
Proposal new ‘‘leakless’’ technologies that could requirement would impose an
A. How did EPA develop new standards be applied in all applications. unwarranted increase in the compliance
for 40 CFR part 60, subparts VVa and Therefore, requiring ‘‘leakless’’ burden. No other Federal or state rules
GGGa? equipment is not technically feasible require repair of pumps with leaks
and this option was not considered to be below 2,000 ppm, and concerns have
Five sources of information were been expressed in the past that repair of
BDT for SOCMI or petroleum refining
considered in reviewing the pumps with lower concentrations could
sources. We note that 40 CFR part 60,
appropriateness of the current NSPS result in significant and costly
subpart VV does include provisions for
requirements for new sources: (1) maintenance. We also cannot estimate
equipment designed for no detectable
Applicable Federal regulations; (2) the emission reductions because we are
emissions, so owners or operators that
applicable state and local regulations; unsure how effective repairs will be for
do replace existing equipment with
(3) data from National Enforcement pumps with low leak concentrations. In
‘‘leakless’’ equipment have options for
Investigations Center (NEIC) compliance. addition, many facilities that will be
inspections; (4) emissions data provided subject to the new standards have other
by industry representatives; and (5) 1. Leak Definitions for Pumps and process units that are subject to other
petroleum refinery consent decrees. (A Valves standards. Including a leak definition in
significant number of refineries, We previously demonstrated that leak the new standards that differs from the
representing about 77 percent of the definitions of 2,000 ppm for pumps and leak definitions in all other rules would
national refining capacity, are subject to 500 ppm for valves are BDT in the make compliance more challenging at
consent decrees that limit the emissions preamble to the proposed amendments such facilities and unnecessarily
from 40 CFR part 60, subpart GGG to 40 CFR part 60, subparts VV and GGG increase the potential for inadvertent
process units.) Once we identified leak (November 7, 2006, 71 FR 65305, with errors.
definitions for various equipment types, additional discussion at 71 FR 65308). We also did not consider increasing
we evaluated these leak definitions in Since proposal, the cost-effectiveness the number of times per year that valves
conjunction with technical feasibility, values for this new requirement have and pumps must be monitored. Valves
costs, and emission reductions to changed slightly based on changes to and pumps are already subject to
determine BDT for each type of the assumptions used to develop monthly monitoring. The cost to
equipment. emission estimates; section V of this monitor more frequently would
The cost methodology incorporates preamble includes details on the outweigh the possible emission
the calculation of annualized costs and specific changes. For SOCMI, the reductions. Additionally, pumps are
emission reductions associated with estimated emission reductions are 94 subject to weekly inspections for
each of the options presented. Cost- tons of VOC per year at a cost savings indications of liquids dripping.
effectiveness is the annualized cost of of $380/ton. For petroleum refineries, Therefore, the monitoring frequency
control divided by the annual emission the estimated emission reductions are was not changed and is still considered
reductions achieved. For NSPS 13 tons of VOC per year at a cost of BDT.
regulations, the standard metric for $1,600/ton. The cost to achieve these
expressing costs and emission emission reductions is still considered 2. Other New Standards in 40 CFR Part
reductions is the impact on all affected to be reasonable; therefore, we maintain 60, Subpart VVa
facilities accumulated over the first 5 our original conclusion that EPA Connector Monitoring. The current
years of the regulation. Details of the Method 21 monitoring of pumps and NSPS in 40 CFR part 60, subpart VV
calculations can be found in the public valves and repair of leaks above 2,000 limits VOC emissions from connectors
docket (EPA–OAR–HQ–2006–0699). ppm for pumps and 500 ppm for valves by specifying that if a potential leak is
Our BDT determinations took all is BDT. found by visual, audible, olfactory, or
relevant factors into account, including We have also evaluated the cost- any other detection method, the owner
cost considerations. effectiveness of lowering the leak or operator must eliminate the
For each of the new standards, the definitions even further for valves indications of the potential leak or
predominant method used to reduce because there are some state rules and monitor the connector to determine
emissions from equipment leaks is the petroleum refinery consent decrees at whether the potential leak is leaking
work practice of an LDAR program that lower levels. The results of that analysis VOC greater than 10,000 ppm. If the
includes periodic monitoring of show that an LDAR program for valves potential leak is actually a leak, it must
equipment using EPA Method 21. This at a leak definition lower than 500 ppm be repaired. When the current NSPS
method has been used for more than 20 is not cost-effective. The analysis shows were promulgated, we concluded that
years to detect leaks and is currently the emission reductions of 26 tons of this procedure would reduce emissions
most widely-used test method. additional VOC per year at a cost- by correcting major leaks.
However, other approved methods may effectiveness of $5,700/ton for SOCMI After consideration of current
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be used to detect leaks. and emission reductions of 8 tons of operating practices, we concluded that
We also considered an equipment additional VOC per year at a cost- repairing connector leaks as they are
standard requiring installation of effectiveness of $16,000/ton for discovered is still the predominant
‘‘leakless’’ equipment. ‘‘Leakless’’ refineries. The additional VOC emission method for reduction of VOC from
equipment, such as diaphragm valves, is reductions at a leak definition lower connectors. However, during our review
less likely to leak than standard than 500 ppm is not cost-effective. The of the current requirements, we found a

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number of Federal and state regulations sources but is not reasonable for information described below. Sources
that require additional efforts to reduce petroleum refineries. Based on these subject to 40 CFR part 60, subpart GGGa
emissions, including regular monitoring impacts and consideration of current must comply with the requirements in
and repair. Therefore, we evaluated operating practices, we concluded that subpart VVa except for the monitoring
options to achieve further emission BDT for connectors at SOCMI sources is requirements applicable to connectors
reductions from connectors. Federal monitoring using EPA Method 21 or (and the associated recordkeeping
rules in which connector monitoring another approved alternative method at requirements). Facilities subject to 40
and repair of leaks above 500 ppm is a frequency based on the number of CFR part 60, subparts DDD, GGG, or
required include the National Emission connectors found leaking during initial KKK are excluded from the requirement
Standards for Organic Hazardous Air monitoring and repair of leaks above to comply with the recordkeeping
Pollutants for Equipment Leaks (HON) 500 ppm. We concluded that BDT for provisions of subpart VVa because these
in 40 CFR part 63, subpart H, the connectors at petroleum refineries is subparts are not being amended to
National Emission Standards for equivalent to the current 40 CFR part reference the new standards in subpart
Equipment Leaks—Control Level 2 60, subpart GGG requirements. VVa.
Standards (Generic MACT) in 40 CFR Therefore, we are promulgating The new recordkeeping provisions in
part 63, subpart UU, the National connector monitoring and repair 40 CFR part 60, subpart VVa require
Emission Standards for Hazardous Air standards consistent with this general identifying information for each
Pollutants for Source Categories: determination for SOCMI sources monitoring activity required by the rule.
Generic Maximum Achievable Control subject to 40 CFR part 60, subpart VVa As explained in the preamble to the
Technology Standards (Ethylene that will not apply to petroleum refinery proposed amendments (71 FR 65308,
NESHAP) in 40 CFR part 63, subpart sources subject to 40 CFR part 60, November 7, 2006), many facilities
YY, and the CAR. The National subpart GGGa. already record this information. This
Emission Standards for Hazardous Air information requirement is consistent
B. How did EPA develop the new with other equipment leak standards
Pollutants: Miscellaneous Organic
compliance requirements in 40 CFR part and is needed by enforcement
Chemical Manufacturing (MON) in 40
60, subparts VVa and GGGa? representatives to determine if the
CFR part 63, subpart FFFF also includes
connector monitoring and repair of The recordkeeping requirements in facility is complying with the standards.
leaks above 500 ppm for new sources. the final amendments and new Specifically, EPA found that the results
In addition, the National Emission standards are authorized by section 114 of the LDAR review demonstrated that
Standards for Hazardous Air Pollutants of the CAA. Section 114 of the CAA the current requirements are not
From Petroleum Refineries (Refinery allows EPA to require one-time, sufficient to verify that all monitoring
NESHAP) in 40 CFR part 63, subpart CC periodic, or continuous records for the requirements have been performed. For
provides a higher maximum value for purpose of determining if the owner or example, EPA enforcement initiatives
percent of leaking valves under which operator is in compliance with the have found missed monitoring
an owner or operator may use the skip standard. The recordkeeping (monitoring at an inappropriate interval,
period provisions if connector requirements in the final amendments monitoring late, or not monitoring),
monitoring is included in the LDAR are the minimum necessary for affected understated leak rates, leaks not found
program. Based on this information, we facilities to demonstrate compliance and or repaired, and monitoring records
felt that additional VOC control could for EPA to enforce the rule. The indicating that more equipment was
be achieved by requiring connector recordkeeping requirements in the new monitored than physically possible
monitoring and repair, but we needed standards include a few requirements in given the time needed to meet EPA
additional information to determine addition to the requirements in the final Method 21 requirements, among other
whether connector monitoring is BDT. amendments. Most of these issues. Since we cannot physically
As a result, we requested comment on requirements are associated with new inspect every facility on the schedule
whether we should require periodic monitoring and repair requirements; required by the LDAR program, these
monitoring and repair of connectors to other additional requirements are additional records will provide
ensure that any leaks are corrected more minimal and are necessary for EPA to safeguards that the program is being
quickly. enforce the rule. Further rationale for implemented as intended.
Upon consideration and review of the the new requirements is available below Other new recordkeeping
public comments, we evaluated whether and in section IV.D of this preamble. requirements include specific
the connector monitoring and repair We have made significant changes to information that is necessary to
provisions included in the Generic the proposed recordkeeping demonstrate compliance with the new
MACT are BDT for 40 CFR part 60, requirements as a result of the changes monitoring provisions for connectors
subparts VVa and GGGa. The Generic made to the scope and applicability of and pumps in light liquid service
MACT provisions include a leak the standards. Because the final (weekly visual inspections for
definition of 500 ppm and a monitoring amendments to 40 CFR part 60, subparts indications of dripping liquids). Records
frequency based on the number of VV and GGG include only clarifications are also required to demonstrate
connectors found to be leaking during to existing requirements, burden compliance with the requirement for a
the initial monitoring campaign. reducing provisions, and new calibration drift assessment at the end of
For SOCMI, the estimated emission compliance options, no changes or each day and comparison of the results
reductions achieved by connector additions to the recordkeeping of the assessment with the most recent
monitoring and repair of leaks above requirements in subpart VV or GGG are calibration results. We eliminated the
500 ppm are 230 tons of VOC per year needed to document and/or enforce proposed requirement to keep records of
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at a cost of $2,500/ton. For petroleum these amendments. information on bypass lines because the
refineries, the estimated emission Sources subject to the new standards new subpart does not include the
reductions are 92 tons of VOC per year in 40 CFR part 60, subpart VVa are requirement to monitor bypass lines. In
at a cost of $20,000/ton. The cost to required to keep records of the same addition, records of information related
achieve these emission reductions is information required by 40 CFR part 60, to the proposed initial monitoring
considered to be reasonable for SOCMI subpart VV and certain additional requirement for pumps and valves

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added to a process unit are not required additional information, are included in preamble to the proposed amendments
because this monitoring requirement the information collection request (ICR) (71 FR 65302, November 7, 2006). Other
was revised since proposal, making (see section V.B of this preamble). technical corrections and amendments
additional records unnecessary. are the result of public comments, and
C. How did EPA develop the final
We have reviewed the recordkeeping these are discussed in detail in the
amendments to 40 CFR part 60,
requirements and believe that these are responses to the applicable comments.
subparts VV and GGG?
the minimum needed to ensure For each amendment that is more
compliance and that the requirements The amendments to 40 CFR part 60, significant than an editorial or
do not impose excessive costs. The costs subpart VV are listed in Table 1 of this grammatical correction, Table 1 to this
of the recordkeeping requirements for preamble. Most of the technical preamble includes a reference to the
40 CFR part 60, subpart VVa, including corrections for 40 CFR part 60, subparts rule language and a reference to the
the time required to enter and store VV and GGG were discussed in the location of the detailed explanation.

TABLE 1.—SUMMARY OF FINAL AMENDMENTS TO 40 CFR PART 60, SUBPART VV AND RATIONALE FOR CLARIFICATIONS,
ADDITIONAL COMPLIANCE OPTIONS, AND TECHNICAL CORRECTIONS
Explanation or location of
Citation Amendment
explanation1

Heading ........................................... ........................................................ Revised to clarify applicability of subpart.


60.480(b) ......................................... ........................................................ Revised to identify applicability to affected facilities that were con-
structed, reconstructed, or modified after January 5, 1981 and on
or before November 7, 2006.
60.480(d)(2) ..................................... ........................................................ Clarified that design capacity refers to a chemical listed in 40 CFR
60.489.
60.480(d)(2)–(5) .............................. ........................................................ Revised reference to nonexistent 40 CFR 60.482 to refer to 40 CFR
60.482–1 through 60.482–10.
60.480(e)(1) ..................................... ........................................................ Renumbered paragraph (e)(1) as (e)(1)(i) and paragraph (e)(2) as
(e)(1)(ii); changed reference to paragraph (e)(2) to (e)(1)(ii).
60.480(e)(2) ..................................... ........................................................ Added paragraph that allows owners or operators to comply with 40
CFR part 60, subpart VVa as an alternative to 40 CFR part 60,
subpart VV.
60.481 ............................................. 71 FR 65308, column 3 ................. Corrected editorial errors in definition of ‘‘Capital expenditures.’’
60.481 ............................................. 71 FR 65307, column 2 and sec- Added new definition for ‘‘Closed-loop system.’’
tion 5.4.3 of RTC.
60.481 ............................................. 71 FR 65307, column 2 and sec- Added new definition for ‘‘Closed-purge system.’’
tion 5.4.3 of RTC.
60.481 ............................................. Section 5.3.2 of RTC ..................... Revised definition of ‘‘Connector.’’
60.481 ............................................. Added missing word ‘‘the’’ before Revised definition of ‘‘First attempt at repair.’’
the word ‘‘atmosphere’’ and re-
moved the word ‘‘rapid’’.
60.481 ............................................. 71 FR 65308, column 3 and up- Revised definition of ‘‘Hard piping.’’
dated the mailing address for
ASME.
60.481 ............................................. Section IV.A.2 of this preamble ..... Revised definition of ‘‘Process unit.’’
60.481 ............................................. Section 5.9.3 of RTC ..................... Revised definition of ‘‘Process unit shutdown.’’
60.481 ............................................. 71 FR 65308, column 1 ................. Revised definition of ‘‘Repaired.’’
60.481 ............................................. Section 3.2.1 of RTC ..................... Added new definition for ‘‘Storage vessel.’’
60.481 ............................................. 71 FR 65307, column 3 ................. Added new definition for ‘‘Transfer rack.’’
60.482–1(e) ..................................... Section 3.3 of RTC ........................ Added paragraph (e) to address equipment in service less than 300
hours per year.
60.482–1(f) ...................................... 71 FR 65304, column 3 and sec- Added paragraph (f) that allows less frequent monitoring of pumps
tions 5.6.1 and 5.6.2 of RTC. and valves on batch process units that operate less than 365 days
per year.
60.482–1(g) ..................................... Section IV.A.2 of this preamble ..... Added paragraph that clarifies inclusion of shared tanks in a process
unit subject to this subpart.
60.482–2(a)(1) ................................. 71 FR 65307, column 1, and sec- Added clarification for pumps that begin operation in light liquid serv-
tion IV.B.1 of this preamble. ice after the initial startup date for the process unit.
60.482–2(a)(2) ................................. ........................................................ Added reference to 40 CFR 60.482–1(f) as an exception to the re-
quirement for weekly visual inspections of pumps in light liquid
service.
60.482–2(b)(2) ................................. 71 FR 65304, column 2, 71 FR Added monitoring and repair requirements if weekly visual inspection
65306, column 1, and section of pumps in light liquid service indicates liquids dripping from pump
5.2.2 of RTC. seal.
60.482–2(c)(2) ................................. 71 FR 65307, column 1 ................. Added examples of first attempt at repair practices for pumps in light
liquid service.
60.482–2(d) ..................................... ........................................................ Editorial correction and clarification to address renumbering of para-
graphs (d)(1) through (6).
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60.482–2(d)(1)(ii) ............................. ........................................................ Replaced first word ‘‘Equipment’’ with ‘‘Equipped.’’


60.482–2(d)(4)(i) ............................. ........................................................ Renumbered paragraph (d)(4) as (d)(4)(i).
60.482–2(d)(4)(ii) ............................. 71 FR 65304, column 2, 71 FR Added monitoring and repair requirements if weekly visual inspection
65306, column 1, and section of a pump equipped with dual mechanical seals indicates liquids
5.2.2 of RTC. dripping from pump seal.
60.482–2(d)(5)(i) ............................. ........................................................ Removed ‘‘and’’ from end of sentence.

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TABLE 1.—SUMMARY OF FINAL AMENDMENTS TO 40 CFR PART 60, SUBPART VV AND RATIONALE FOR CLARIFICATIONS,
ADDITIONAL COMPLIANCE OPTIONS, AND TECHNICAL CORRECTIONS—Continued
Explanation or location of
Citation Amendment
explanation1

60.482–2(d)(5)(iii) ............................ ........................................................ Added paragraph to specify how a leak is detected.


60.482–2(d)(6) ................................. 71 FR 65304, column 2 and 71 Revised to clarify procedure and time allowed for repair of leaks.
FR 65306, column 1.
60.482–2(e) ..................................... ........................................................ Revised to add ‘‘s’’ to the end of ‘‘no detectable emission.’’
60.482–3(a) ..................................... Section 5.3.5 of RTC ..................... Added reference to exemption in 40 CFR 60.482–3(j).
60.482–3(j) ...................................... 71 FR 65308, column 3 ................. Editorial clarification of section and paragraph references.
60.482–5(a) and (b) ........................ 71 FR 65307, column 2 and sec- Rearranged paragraphs within these two paragraphs and made edi-
tion 5.3.5 of RTC. torial corrections to provide clarity.
60.482–5(b)(2) ................................. 71 FR 65307, column 2, and sec- Added provision that containers part of a closed-purge system must
tion 5.4.3 of RTC. be covered or closed when not being filled or emptied.
60.482–5(b)(3) ................................. Section 5.4.1 of RTC ..................... Added provision that gases remaining in the tubing or other appa-
ratus once the closed-purge system valve(s) and sample container
valve(s) are closed are not required to be collected or captured.
60.482–5(b)(4)–(b)(4)(iv)(A)–(C) ..... Rearranged paragraph numbering Same as current paragraph (b)(4) except for editorial clarifications.
and made a few editorial clari-
fications.
60.482–5(b)(4)(iv)(D) ....................... Section 5.4.2 of RTC ..................... Added provision for use of a waste management unit meeting the re-
quirements of 40 CFR 61.348(a).
60.482–5(b)(4)(iv)(E) ....................... Section 5.4.2 of RTC ..................... Added provision for use of a device used to burn off-specification
used fuel oil in accordance with 40 CFR part 279, subpart G.
60.482–6(a)(1) ................................. Section 5.3.5 of RTC ..................... Added reference to exemptions in 40 CFR 60.482–6(d) and (e).
60.482–7(a)(1) ................................. Corrected section designations ..... Clarified current paragraph (a) to specify that valves must be mon-
itored monthly except as provided in 40 CFR 60.482–7(f), (g), and
(h); 40 CFR 60.482–1(c) and (e); and 40 CFR 60.483–1 and 2.
60.482–7(a)(2)(i) and (ii) ................. 71 FR 65307, column 1, and sec- Added clarification for valves that begin operation in light liquid serv-
tion IV.B.1 of this preamble. ice after the initial startup date for the process unit.
60.482–7(c)(1)(i) .............................. ........................................................ Paragraph (c)(1) redesignated as paragraph (c)(1)(i).
60.482–7(c)(1)(ii) ............................. 71 FR 65307, column 3 through Added paragraph to allow an owner or operator to subdivide valves
71 FR 65308, column 1, and in a process unit.
section 5.1.2 of RTC.
60.482–8(a)(2) ................................. Section 5.7 of RTC ........................ Added clarification that audio visual olfactory indications of potential
leaks should be eliminated within 5 calendar days of detection.
60.482–8(d) ..................................... 71 FR 65307, column 1 ................. Revised to require that first attempt at repair of pumps and valves in
heavy liquid service, pressure relief devices in light liquid or heavy
liquid service, and connectors must include best practices under 40
CFR 60.482–2(c)(2) and 40 CFR 60.482–7(e).
60.482–9(a) ..................................... Section 5.9.3 of RTC ..................... Clarified that for repair that occurs during a process unit shutdown,
monitoring to verify that repair must occur within 15 days after
startup of the process unit.
60.482–9(f) ...................................... Section 5.9.3 of RTC ..................... Added new paragraph for a leaking pump or valve for which a delay
in repair is allowed.
60.483–1(d) and 60.483–2(b)(5) ..... ........................................................ Added reference to new 40 CFR 60.485(h) that provides more de-
tailed explanation for calculating the percent of valves leaking.
60.483–2(a)(7) ................................. 71 FR 65307, column 1, and sec- Added clarification for valves that begin operation in light liquid serv-
tion IV.B.1 of this preamble. ice after the initial startup date for the process unit.
60.483–2(b)(7) ................................. ........................................................ Added paragraph to specify that a new valve must be monitored ac-
cording to 40 CFR 60.482–7(a)(2)(i) or (ii) before the provisions of
40 CFR 60.483–2 can be applied to the valve.
60.484(a) ......................................... 71 FR 65308, column 3 ................. Editorial correction.
60.484(b)(2) ..................................... ........................................................ Editorial clarification.
60.485(b) ......................................... ........................................................ Revised reference to nonexistent 40 CFR 60.482 to refer to 40 CFR
60.482–1 through 40 CFR 60.482–10.
60.485(e) ......................................... 71 FR 65308 .................................. Clarified that the requirements apply to a piece of equipment.
60.485(e)(1) and (2) ........................ Section 6.3 of RTC ........................ Clarified to specify that light liquids are organic compounds.
60.485(g)(4) ..................................... Corrected exponents in equation .. Corrected equation for the net heating value of the gas being com-
busted in a flare.
60.485(g)(5) ..................................... ........................................................ Added ASTM D6420–99 as an alternative to EPA Method 18.
60.485(h) ......................................... Section 5.1.4 of RTC ..................... Added equation and clarifications for calculating percent of valves
leaking.
60.486(e)(2)(ii) ................................. Section 7.4 of RTC ........................ Revised to allow an alternative to requiring a signature for the list of
equipment with no detectable emissions.
60.486(e)(6) ..................................... Section 3.3 of RTC ........................ Added recordkeeping requirements for equipment in VOC service
less than 300 hours per year.
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60.487(c)(2)(i), 60.487(c)(2)(iii), These changes are related to rear- Corrected references to specific sections and other editorial correc-
60.487(c)(2)(iv). ranging of paragraphs in tions.
60.482–2.
1 RTC refers to Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry and Stand-
ards of Performance for Equipment Leaks of VOC in Petroleum Refineries. Background Information for Final Standards. Summary of Public
Comments and Responses. See Docket ID No. EPA–HQ–OAR–2006–0699.

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IV. Summary of Comments and Response: In this action, EPA has NSPS to existing sources. Section 111 of
Responses decided to include any new the CAA does state that NSPS will apply
We proposed amendments to 40 CFR requirements in a new 40 CFR part 60, only to new, reconstructed, or modified
part 60, subpart VV and 40 CFR part 60, subpart VVa, consistent with the sources after the date of proposal. The
subpart GGG on November 7, 2006 (71 commenter’s suggestions. The new authority to regulate existing sources
FR 65302). We published a NODA standards in subpart VVa include lower under section 111(d) of the CAA does
regarding OEL on July 9, 2007 (72 FR leak definitions for pumps (2,000 ppm) not authorize EPA to regulate criteria
37157). A total of 28 comment letters and valves (500 ppm), monitoring of pollutants or precursors to such
were received during the comment connectors, a calibration drift pollutants. Therefore, we have not
periods for the two notices. In response assessment, and expanded included any new requirements for
to these public comments, several recordkeeping requirements. The existing sources in the final
changes were made in developing these proposed requirement to monitor bypass amendments to 40 CFR part 60, subpart
final amendments and new standards. lines has not been included in the new VV and subpart GGG. These
The major comments and our responses standards because few facilities capture requirements will apply only to sources
are summarized in the following and vent equipment leak emissions to a that commence construction,
sections. A summary of the remainder of control device. Additionally, most reconstruction, or modification after the
the comments received during the control devices would be subject to November 7, 2006 proposal date.
comment period and responses thereto other standards. The proposed
requirement to monitor OEL has not 2. Definition of Process Unit
can be found in the docket for the final
amendments and new standards (EPA– been included in the new standards Comment: Numerous commenters
OAR–HQ–2006–0699). because this requirement has been expressed concern that the revised
determined to not be cost-effective. The definition of process unit is inconsistent
A. Applicability cost-effectiveness for SOCMI was found with EPA’s original intent when 40 CFR
1. Affected Sources Under the Current to be $3,800/ton for 25 tons/yr of VOC part 60, subpart VV was proposed (i.e.,
NSPS emission reductions. For petroleum it expands the scope), that it
refineries, the cost-effectiveness was complicates compliance, or that it
Comment: Numerous commenters found to be $14,700/ton for 2.4 tons/yr
objected to the proposed application of creates additional confusion. One
of VOC emission reductions. Taking the commenter stated that under the
substantive new requirements to low emission reductions into
affected sources that became subject to existing definition, a component is part
consideration, the Agency has of a process unit based on its function,
40 CFR part 60, subpart VV (or any of determined that monitoring OEL is not
the subparts that reference subpart VV) not whether it is classified as a specific
BDT. As discussed in sections IV.B.1 type of equipment. The commenter
on or before November 7, 2006 and IV.A.2 of this preamble, the initial
(hereafter referred to as ‘‘subpart VV indicated that since 1981, sources and
monitoring requirements for new pumps their regulators have decided what
sources’’). Proposed provisions that and valves and the changes to the
these commenters considered to be constitutes a process unit based on what
definition of ‘‘process unit’’ are not new equipment serves the functions
substantive are: (1) Changes to the standards, and these changes are
definition of process unit; (2) annual described in the definition, and this
retained in the final amendments to 40 process unit may be different from
EPA Method 21 monitoring of OEL; (3) CFR part 60, subpart VV as well as being
bypass monitoring requirements for process units under other rules.
included in the new subpart VVa.
closed vent systems to control devices; Instead of referencing 40 CFR part 60, After reading the preamble discussion
(4) calibration drift assessments; (5) subpart VVa from 40 CFR part 60, of the proposed change, one commenter
initial monitoring requirements for subpart GGG, we decided to create a expressed concern that the proposed
pumps and valves; and (6) maintaining new 40 CFR part 60, subpart GGGa that definition inadvertently includes valves
records of all monitoring results. The applies to new petroleum refining and other equipment on storage tanks.
commenters argued that applying the affected sources. This new subpart Other commenters objected to the
new provisions to subpart VV sources is GGGa references all of the new inclusion of all feed, intermediate, and
unlawful. standards in subpart VVa except for the product storage vessels and transfer
To address the issue of compliance monitoring requirements for connectors. operations in the definition because the
dates, several commenters Reasons for the differences in standards following discussion from the original
recommended that EPA amend 40 CFR between subparts VVa and GGGa are rulemaking notice for 40 CFR part 60,
part 60, subpart VV so that it applies described elsewhere in this preamble. subpart VV (46 FR 1139, January 5,
only to existing sources and develop a Sources subject to 40 CFR part 60, 1981) makes it clear that EPA’s original
new 40 CFR part 60, subpart VVa that subpart DDD and 40 CFR part 60, intent was to include storage in the
applies to affected sources that subpart KKK, and sources subject to the process unit only if it is within the
commence construction, reconstruction, Refinery NESHAP (40 CFR part 63, battery limits of the process:
or modification after November 7, 2006. subpart CC), but not subject to 40 CFR ‘‘A process unit is specifically defined
In contrast, two commenters urged part 60, subparts VV or GGG, are not as equipment assembled to produce one
EPA to apply the proposed requirements required to comply with 40 CFR part 60, or more of the chemicals listed in
to all existing SOCMI and refinery subpart VVa at this time. proposed appendix E which can operate
process units, and a third commenter While we understand there is a independently if supplied with
recommended applying the proposed concern that existing sources are more sufficient feed or raw materials and
leak definitions for pumps and valves to likely to leak, there is no provision in sufficient storage facilities for the final
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all SOCMI and refinery affected sources. section 111 of the CAA that allows us product. A process unit includes
All of these commenters noted that to retroactively apply new standards to intermediate storage or surge tanks and
existing facilities are more likely than sources already subject to the NSPS. all fluid transport equipment connecting
new sources to have problems with EPA agrees with the statements made by reaction, separation, and purification
leaks and, thus, should receive extra the commenters that relate to the devices. All equipment within the
scrutiny. application of new requirements under battery limits is included. However,

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offsite fluid transport and storage is located within the battery limits is affect modification and reconstruction
facilities are excluded.’’ included as part of the process unit. determinations. One commenter
Several commenters described ways Likewise, there is no question that any expressed concern that it will make it
the proposed change could complicate fluid transport and storage facilities easier for an owner or operator to add
compliance. For example, two located outside of the facility property new equipment to an existing process
commenters indicated that it would are not included. However, the 1981 unit without triggering the threshold
increase the difficulty of tracking language also states that a process unit that would make the process unit a new
equipment, process units, and includes storage tanks and all fluid affected source. The second commenter
applicable requirements at refineries transport equipment. There is no noted that including feed tanks in the
where the storage and transfer areas are specification that these components are definition changes the basis for the
consolidated into ‘‘logistical process only included if within the battery modification and reconstruction cost
units’’ that support numerous process limits. There has been confusion in the test and asked how changes that have
units, particularly when storage tanks past regarding the inclusion of already occurred should be handled in
are shared by multiple process units. components outside of the battery limits this determination.
One commenter added that it may also but within the property of the facility. Response: Since the amended
either restrict the ability of a facility to To clarify this issue, EPA previously definition is a clarification of our
use its tanks as needed, because they issued formal guidance (see April 6, original intent with respect to
will have been forced into an arbitrary 1994 letter from John Rasnic to applicability of 40 CFR part 60, subpart
association with a given unit, or create Raymond Hiley in Docket ID No. EPA- VV to equipment on storage tanks and
a useless recordkeeping exercise each HQ–-OAR–2006–0699). lines between storage tanks and
time a tank switches contents or We agree that the determination of processing equipment, there will be no
services a different process. To avoid whether a particular tank is a storage impact on modification or
immediate compliance problems for tank, feed tank, or intermediate tank and reconstruction determinations. If a
affected sources that are currently part of a process unit must be done on facility believes that they have
subject to 40 CFR part 60, subpart VV, a site-specific basis, dependent on how performed a previous modification or
a commenter requested that existing the tank functions within a particular reconstruction determination in error,
facilities be allowed 180 days after plant site. The physical proximity of the they should contact their delegated
promulgation of the amendments so that storage tank to the other processing authority.
they will have time to include the equipment within a process unit is not
additional equipment in the applicable a sole determinate in establishing B. Standards
LDAR programs. Commenters also noted whether a storage tank is part of the 1. Initial Monitoring of Pumps and
that the rule should clarify how to process or not. Valves
assign storage vessels and transfer racks The final amendments and new
that are shared by multiple processes; standards include provisions for Comment: Numerous commenters
they suggested using language in the assigning a shared storage tank to a objected to the proposed clarifications
HON and the Refinery NESHAP as a specific process unit for the purposes of for the initial monitoring of pumps and
guide. One commenter stated that EPA an LDAR program. The owner or valves that are installed after the startup
should clarify that a compressor is still operator will need to determine what of the process unit. Several commenters
a separate affected facility from the process units the storage tank is stated that the proposed provisions are
group of equipment in a refinery process associated with. They will then significant new requirements and
unit under 40 CFR part 60, subpart determine which process unit, or cannot be finalized without
GGG. combination of units subject to the same demonstrating that they represent BDT
Response: The first sentence in the subpart, has the greatest annual quantity and giving the public a chance to
definition of ‘‘process unit’’ in the final of stored materials in that tank. The comment on the supporting analyses.
amendments and new standards subpart that the process unit (or Two commenters indicated that they are
includes the term ‘‘components’’ as in combination of units subject to the same unaware of any SOCMI facilities that
the existing definition rather than subpart) associated with the greatest use routinely monitor new pumps and
‘‘equipment’’ as in the proposed of that tank is subject to will be the valves within 1 month of startup, and
amendments. This correction applicable subpart for the tank. The the supporting documentation for the
distinguishes major process vessels such process unit, which is subject to the proposal contains no data from SOCMI
as reactors and distillation units (i.e., same subpart as the tank, with the sources. Several commenters requested
‘‘components’’) from pieces of greatest annual quantity of stored that EPA allow at least 90 or 180 days
equipment, as defined in the rule, that materials in that tank will be the process because complying within 1 month
are subject to the LDAR standards. In unit the tank is assigned to. If a tank is would be burdensome, particularly for
addition, the last sentence of the shared equally between two process facilities that use third party contracting
proposed definition has been replaced units that are subject to 40 CFR part 60 for monitoring; 1 month is not enough
to reference ‘‘equipment’’ as it is standards, the process unit with the time to integrate new equipment into
defined in the applicable subpart. This most stringent requirements will be the the monitoring program; 40 CFR 60.8 of
change should address concerns that unit the tank is assigned to. For the General Provisions provides 180
compressors at petroleum refineries are example, if the predominant use of a days for performance tests; and EPA has
separate affected sources. Otherwise, storage tank is to service a process unit not explicitly stated how monitoring
there are no differences between the subject to 40 CFR part 60, subpart VV, within 1 month will reduce emissions.
proposed and final definitions. that storage tank is a part of that process Two commenters noted that EPA’s
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The amended definition of process unit and subject to subpart VV and the justification of the requirement for
unit clarifies EPA’s original intent and equipment must be monitored at a leak valves is that it is needed to ensure that
is consistent with the language provided definition of 10,000 ppm. the valve does not leak until its first
by the commenters from the January Comment: Two commenters quarterly or annual monitoring, but no
1981 rulemaking. It is clear from the wondered how the change in the data were presented to show such
1981 rulemaking that all equipment that definition of ‘‘process unit’’ would leakage occurs or is a problem. The

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commenters also requested that when final amendments and new standards. If 2. Weekly Pump Inspections
establishing the final requirement for a new valve is placed into service Comment: Numerous commenters
initial monitoring of pumps and valves, during a skip period, the source has the addressed the proposed changes to the
the timeframe be given in days, not option to either monitor the valve on the requirements for weekly inspections of
months. monthly schedule and establish the skip pumps. One commenter supported the
In contrast with the above comments, period for that valve, or count the valve proposed changes, including the
three commenters supported the as a leaker in the percent leaking changes to 40 CFR 60.482–2(b)(2)(ii),
proposed language or more stringent calculation. If the result of the percent which states that if a visible liquid leak
requirements. One of these commenters leaking calculation remains below 2.0 is found, it may be repaired by removing
recommended monitoring new pumps percent with the new valve counted as the visible indication of the leak. Based
within 1 month after installation to a leaker, the owner or operator must on the commenter’s experience, a
minimize the time period for potential monitor the new valve by the next visible leak does not always indicate a
leaks. A second commenter scheduled skip period or within 90 regulatory leak. Another commenter
recommended that monitoring be days, whichever comes first. We have agreed with the clarification allowing
required even sooner after installation. stated the timeframe for these facilities to determine if a leak is
This commenter also questioned why a requirements in days instead of months
clarification of the requirements for emitting VOC using EPA Method 21
in the final amendments and new because it will help to focus repairs on
pumps was needed because the standards (30 days for pumps and either
preamble to the proposed amendments pumps leaking hydrocarbons.
30 or 90 days for valves, depending on Three commenters did not support
did not explain how industry currently whether the owner or operator is the proposed changes to the weekly
handles new pumps and why that
complying with the skip monitoring inspection requirements. Two of these
practice is a problem. This commenter
option). commenters disagreed with EPA’s
also objected to the second sentence in
40 CFR 60.482–7(a)(2) because it means Comment: Three commenters conclusion that the existing
valves added to a process would not requested clarification of the requirements are overly burdensome.
have to be monitored for 2 consecutive applicability of the proposed initial According to one commenter, an
months before implementing skip monitoring provision. Two commenters operator should be required to make a
monitoring, which is less stringent than stated that the term ‘‘placed in service’’ showing of an undue burden; simply
the requirements for valves in an clearly implies that pumps and valves stating that an operator may have to
entirely new process. should follow the initial monitoring conduct more inspections and repair
Response: The language pertaining to schedule after they are initially more leaks than absolutely necessary
the initial monitoring of new pumps installed. However, the term ‘‘placed in does not demonstrate an undue burden.
and valves was added to the final service’’ also implies that previously Two commenters noted that eliminating
amendments and new standards to installed pumps and valves should be evidence of liquids dripping does not
clarify how new equipment should be monitored after they have been placed guarantee that the pump is no longer
handled in the existing monitoring back into service after maintenance, leaking VOC. As a result, these two
schedule, but these are not new turnarounds, and repairs. Both commenters stated that monitoring
requirements. Under the current rule, commenters recommended changes to should be required after eliminating
pumps are to be monitored monthly clarify that only newly installed or evidence of liquids dripping to verify
whether they are newly installed or rebuilt pumps and valves should be that repair was successful. Even if
installed prior to the process unit monitored following the schedule for liquids dripping are not process fluid,
becoming an affected source (40 CFR initial monitoring. one commenter noted that the liquid is
60.482–2(a)(1)). It is unclear to us how probably either seal barrier fluids or
Response: The initial monitoring condensate from a pump jacket used for
a facility is complying with the requirement is for pumps and valves
requirements for pumps if they are not temperature control. Regardless of the
that come into VOC service through a cause or fluid, one commenter noted
being monitored monthly. Also under
process expansion or replacement not that any liquid dripping may be a first
the current rule, all new valves are to be
associated with a repair (e.g., sign of a potential maintenance problem
monitored monthly (i.e., base period)
preventative maintenance). These that is best addressed as soon as
until two consecutive monthly readings
pumps and valves may be newly possible as a matter of good operational
are found below the applicable leak
purchased or they may be equipment practice as well as good environmental
definition, at which point the valve may
that was previously in service elsewhere practice.
be monitored quarterly until a
in the process unit or facility. A newly Response: The aim of the LDAR
subsequent leak is found (40 CFR
purchased, rebuilt, repaired, or program is to find and repair leaks of
60.482–7(a)). Finding of a subsequent
leak reverts the monitoring back to remanufactured pump or valve installed VOC. In some instances, the liquids
monthly until two consecutive monthly to repair a leaking pump or valve is not found dripping from pumps are not
readings below the applicable leak subject to the initial monitoring VOC-containing liquids or otherwise
definition is reestablished. The current requirements. Instead, the pump or would not meet the leak definition. In
rule also has an alternative standard for valve should be monitored to verify that these cases, the pump would not be
valves at 40 CFR 60.483–2 which allows there is no longer a leak (as required in required to be repaired under the LDAR
for longer ‘‘skip’’ periods based on the definition of ‘‘repaired’’) and may be program. Adding the option to monitor
continued performance. Again, we are subsequently monitored according to allows the owner or operator to
uncertain that a facility is complying the schedule that applied to the determine if the liquids dripping
previously leaking pump or valve.
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with the requirements for these valves if constitute a VOC leak, thus focusing
they are not monitoring new valves To further clarify this issue, we have their efforts on reducing VOC emissions.
within the first month of operation. revised 40 CFR 60.482–2(a)(1), 40 CFR If the owner or operator chooses not to
However, to provide operational 60.482–7(a)(2), 40 CFR 60.483–2(b)(7), monitor the pump to determine if the
flexibility, we have decided to add an 40 CFR 60.482–2a(a)(1), 40 CFR 60.482– liquids dripping are a VOC leak, the
option for newly installed valves in the 7a(a)(2), and 40 CFR 60.483–2a(b)(7). liquids dripping from the pump are

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classified as a VOC leak. The leak must commenter noted that one refinery reductions can be achieved at a
be repaired by eliminating indications monitored more than 22,000 connectors relatively low cost. The third
of liquids dripping, and the appropriate and found only four leaking at greater commenter supported a requirement to
recordkeeping and reporting than 1,000 ppm. Less than 0.5 percent monitor connectors at SOCMI sources
requirements for leaks apply to that of the connectors in process units because it is technically feasible, our
pump. We agree with the commenter subject to the HON at another refinery impacts analysis shows it is
that persistent liquids dripping may were leaking at greater than 500 ppm. economically feasible, and it would
indicate an operation problem that Four commenters objected to various achieve greater reductions than the
should be addressed by maintenance. If elements in the cost estimates. These proposed amendments for pumps and
indications of liquids dripping are noted commenters noted that more connectors valves. According to this commenter,
for one pump during multiple weekly than valves are difficult to monitor, and more accurate emissions data in the
inspections, we encourage facilities to the cost analysis did not include the impacts analysis is unnecessary because
ensure that the pump is operating cost for the additional labor and emissions inventories based on
properly. We do not agree that more equipment needed to monitor these monitoring data typically show
frequent EPA Method 21 monitoring is connectors. One commenter stated that emissions that are higher than the
necessary because pumps are currently the unit cost for monitoring connectors emissions estimated using engineering
monitored on a monthly basis and the should be more than $1.50 per calculations and emission factors,
additional monitoring would not result connector because the time required to which would only strengthen the
in substantial emission reductions. monitor a connector is longer than for argument for monitoring. This
other types of equipment. The increased commenter also argued that refineries
3. Connectors monitoring time is the result of several should be required to monitor
Comment: In response to our request factors: (1) The distance that must be connectors because such monitoring is
for comments regarding whether traversed per component is greater; (2) technically feasible, it is already
connector monitoring should be connectors often are in hard-to-reach required for some refineries in Texas
required, three commenters expressed locations, requiring the operator to and California, and our impacts analysis
support for it, and nine commenters squeeze through small spaces, often showed connectors at refineries were
opposed it. Supporters argued that having to remove the monitor backpack; more likely to leak than connectors at
significant reductions could be achieved and (3) connectors tend to be spread out SOCMI sources.
at a reasonable cost. Opponents argued and are hard to find. In addition, this Response: Both the HON and MON
that the impacts analysis overstated the commenter noted that recordkeeping for regulations are based on emissions of
emission reductions and connectors is more burdensome and hazardous air pollutants (HAP). NSPS
underestimated the costs. According to complicated than for valves. Connectors are based on VOC emissions (both HAP
two of the opponents, EPA did not are not typically shown on process and and non-HAP). When calculating the
require connector monitoring in the instrumentation drawings, making them cost-effectiveness for NSPS, there are
MON (40 CFR part 63, subpart FFFF) difficult to find. The commenter stated more possible emission points and a
because the cost was determined to be that our estimate of 10 hours per year higher percentage of regulated
unreasonable. One commenter indicated to complete administrative tasks and pollutants in the emissions because the
that monitoring as proposed is not reports associated just with monitoring analysis is not based only on HAP
worth the effort because most connectors is inadequate. Finally, the emissions. This results in a different
connectors are adjacent to valves, and commenter noted that our cost estimates conclusion for cost-effectiveness than in
these connectors are investigated and omit the cost of a data collection system the HON or MON.
monitored when valve monitoring or monitoring device rental; the The commenter’s claim that we used
results in abnormal readings. commenter estimated these costs to be the leak frequencies and leak rates in
Six commenters objected to some of $14,500 for data collection systems and the Protocol document for the SOCMI
the assumptions we used to estimate $135 per day for monitor rental. The analysis is incorrect. We used the same
equipment leak emissions. Some of commenter stated that even if a facility initial leak frequency (0.36 percent) as
these commenters stated that our has a data collection system, additional in the MON analysis. We also started
emission reduction estimates were high licenses are needed to add connectors. with the same initial leak rate (0.000186
because we used assumed leak Another commenter stated that rationale kilogram (kg)/hour (hr)/connector), but
frequencies and leak rates from Protocol for requiring monitoring at SOCMI we then escalated it in the same manner
for Equipment Leak Emission Estimates facilities does not apply to natural gas that leak rates for pumps and valves
(EPA–453/R–95–017, November 1995) processing plants; thus, this commenter were escalated. The leak frequencies
(the Protocol document) rather than requested that an impact analysis be and leak rates in the MON analysis were
actual field data. One commenter added performed to address natural gas based on industry-supplied data for
that these data often predict emissions processing plants before making that almost 165,000 connectors. We decided
an order of magnitude higher than the industry subject to connector not to use the leak rate data in the report
actual emissions. Another commenter monitoring. supplied by one of the commenters
submitted a report that concluded there In contrast with the above comments, because it contains a smaller data set
is no statistical difference in average three commenters were in favor of (29,000 connectors), and it is possible
leak rates between initial and adding connector monitoring to the rule. that these data are also included in the
subsequent monitoring at HON and One commenter suggested that larger data set. However, our
MON units. This commenter also connectors be monitored annually or assumption that the subsequent leak
questioned the assumption that all biennially because they have significant frequency is the same as the initial leak
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leaking connectors would be leak potential that would go undetected frequency is consistent with the
successfully repaired after each without monitoring. Regardless of the conclusion in the report cited by the
monitoring cycle. Several commenters uncertainties in the leak rates and commenter.
objected to estimating emissions based emissions factors, another commenter The new standards in 40 CFR part 60,
on leak rates equal to 170 percent of stated that connector monitoring should subpart VVa include connector
actual observed leak rates. One be required because emissions monitoring because we have determined

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that it is cost-effective at SOCMI method more accurate than was are modifying the requirement
sources. The specific monitoring originally intended and than the accordingly. We also agree with the
provisions are the same as in the instruments can achieve because of the commenter’s suggestion that an owner
Generic MACT. However, we have following: (1) The Foxboro TVA 1000B or operator should have the option of re-
determined that connector monitoring is instrument accuracy is only ±25 percent monitoring when positive drift occurs
not cost-effective for petroleum for readings between 1 and 10,000 parts and reclassifying leakers as non-leakers
refineries. Therefore, an exemption from per million by volume (ppmv); (2) a when the re-monitoring after
the provisions for connector monitoring response factor as high as 10 is allowed recalibration due to positive drift
has been included in 40 CFR part 60, for compounds of interest; (3) the 10 indicates the previously identified leak
subpart GGGa. At this time, we are not percent drift limit is inconsistent with is below the leak definition
reviewing 40 CFR part 60, subpart KKK; the level of the instrument’s accuracy concentration. We agree that monitoring
therefore, no cost analysis has been allowed by EPA Method 21; and (4) shifts may vary, and the new standards
performed on connector monitoring for leaking equipment does not emit a require the assessment at the end of
these sources, and natural gas constant concentration. In addition, this each day rather than the end of each
processing plants subject to 40 CFR part commenter noted that drift checks monitoring shift. The new standards
60, subpart KKK are not subject to the conducted to satisfy consent decrees allow an unlimited number of
connector monitoring requirements in have shown only about 10 percent of calibration drift assessments per day,
subpart VVa. instruments drift more than 10 percent and we have clarified that the drift
After reviewing the comments, we every 2 to 3 weeks, and the release of assessment is determined relative to the
revised the impacts analyses to include calibration gases would be considered a most recent calibration value rather than
two of the suggested changes to the cost negative environmental impact. the initial value for the day. We do not
estimates. First, we corrected an error, Response: We are removing the agree that a drift assessment is not
which increased the estimated time for requirement for a post-test calibration required after remonitoring and have
reporting and administrative activities drift assessment from the final not made this change to the new
related to connectors from 10 hr/year amendments but retaining the standards.
(yr) to 50 hr/yr. Second, although we are requirement for the new subparts. Post-
not aware that monitoring contractors test calibration drift assessments D. Recordkeeping and Reporting
charge a higher fee for connectors than constitute good practice and are a useful Comment: One commenter supported
for other equipment, we accept the QA/QC tool to validate the proper the proposed requirement to keep
commenter’s suggested fee of $2.50/ operation of the monitor during the records of all monitoring results because
connector because the $1.50/connector monitoring period and, hence, the more and better data can only help
that we used in the original analysis measurement data. The requirement for facility owners and operators efficiently
may be closer to the low end of the a calibration drift assessment is not an and effectively address the problem of
range than the average. We disagree effort to make the method more accurate fugitive emissions. Another commenter
with the other changes suggested by the than was originally intended, but is stated that records of weekly pump
commenters. Details of the revised intended as an additional quality inspections are needed to make the
impacts analysis, including rationale for assurance check. inspection requirement enforceable. On
not making the suggested changes, are Comment: Numerous commenters the other hand, many commenters either
provided in the docket (Docket ID No. considered the proposed re-monitoring opposed or urged us to reconsider the
EPA–HQ–OAR–2006–0699). requirement to be excessive. Instead of need for one or more of the following
re-monitoring when instrument readings proposed recordkeeping requirements:
C. Test Methods and Procedures are greater than 20 percent of the (1) Results of all monitoring events; (2)
Comment: Two commenters applicable leak definition, two time of each monitoring event; (3)
supported the requirement to conduct commenters suggested changing the information related to the proposed
calibration drift assessments and threshold to 75 or 80 percent. Another initial monitoring requirement for
remonitor when the assessment shows a commenter suggested using a percentage pumps and valves added to a process
negative drift of more than 10 percent. equal to 100 minus the percent of unit; (4) results of the proposed
Other commenters acknowledged that a negative drift. If re-monitoring is monitoring of OEL; (5) information
drift check is a good practice or a useful required when negative drift occurs, two related to the proposed requirement to
quality assurance/quality control (QA/ commenters stated that an owner or monitor bypass lines; (6) results of
QC) tool, and one commenter agreed operator should also have the option of calibration drift checks; and (7) results
with EPA’s rationale for requiring drift re-monitoring when positive drift occurs of weekly pump inspections.
checks. and reclassifying leakers as nonleakers. Several commenters stated that the
On the other hand, four commenters One of these commenters also suggested additional recordkeeping would be
opposed the drift check requirement, four additional changes: (1) Because burdensome and either would not
saying it is unnecessary and provides no monitoring shifts may vary, require the improve the rule’s effectiveness or is
environmental benefit. One of these assessment at the end of each day rather excessive relative to any minimal
commenters added that monitoring than the end of each monitoring shift; improvement in performance. In
instruments such as the Foxboro TVA (2) allow an unlimited number of addition, one commenter stated that the
1000 FID/PID or Foxboro TVA 1000B calibration drift assessments per day; (3) proposal preamble did not adequately
are quite stable over a 24-hour period, determine drift relative to the most explain how we estimated the cost of
and EPA has not presented data or an recent calibration value rather than the the additional recordkeeping and
analysis showing the need for initial value for the day; and (4) specify reporting for SOCMI sources to be
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calibration assessments. A second that a drift assessment is not required $369,000/yr, and another stated that the
commenter noted that instruments after re-monitoring. proposal preamble did not explain why
typically drift in a positive direction. A Response: We agree with the the current monitoring requirements are
third commenter argued that a drift suggestion to establish the retest not sufficient to verify that monitoring
check and re-monitoring is a futile effort criterion at the percentage equal to 100 was performed. According to one
to make the equipment leak monitoring minus the percent of negative drift and commenter, recording the time of

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monitoring has hindered many of the proposed new recordkeeping and that proposed recordkeeping and
programs and reduced productivity, and reporting requirements as presented in reporting requirements cannot be
the additional records will generate an the preamble and docket do not comply imposed on any sources, except perhaps
administrative backlog of data and with the ICR requirements of the new sources subject to subpart GGG,
create issues with storage and Paperwork Reduction Act (PRA). The without additional proposal notice and
accessibility. Although this commenter proposed new requirements of concern opportunity for public comment.
agreed that the proposed records can be to the commenter are the requirements Response: We disagree with the
useful in verifying quality control of the to keep records of information for all conclusions drawn by the commenters
LDAR program, the commenter asserted monitoring events, the time of each regarding the availability of the ICR.
that a more cost-effective way to achieve monitoring event, the time a new pump Document number EPA–HQ–OAR–
quality control is to physically monitor or valve is placed in service and results 2006–0699–0038 is the ICR associated
the program. Furthermore, this of new monitoring requirements for with the CAR and all subparts that
commenter stated that by requiring the such pumps and valves, results from the reference the CAR. This supporting
records, we are specifying the means by new monitoring requirement for OEL, statement displays the burden for
which a facility must implement the results of the new calibration drift sources that opt to comply with the CAR
LDAR program rather than outlining the checks, and results of weekly pump and for sources that opt to comply with
performance standard. Another inspections. Another commenter also their own referenced subpart, including
commenter expressed concern that the stated that the ICR requirements in the 40 CFR part 60, subpart VV. For
additional recordkeeping exposes PRA were not met for recordkeeping reference, pages 2–3, 6–7, 12–16, 33, 53,
facilities to the potential of incurring and reporting associated with the 77, and 112 all provide information
deviations for records that serve no proposed initial monitoring requirement specific to 40 CFR part 60, subpart VV.
purpose. for valves. A third commenter expressed For the final amendments and new
Response: As stated in section III.B of a general concern that the proposed standards, we have made adjustments to
this preamble, the recordkeeping recordkeeping requirements may not the supporting statements for all
requirements in the final amendments meet the administrative requirements subparts involved. The burden
and new standards are authorized by for proposing new NSPS. associated with the amended 40 CFR
section 114 of the CAA. We have made part 60, subpart VV and the new 40 CFR
One commenter noted several specific part 60, subpart VVa is included in the
significant changes to the proposed
deficiencies and concerns with the supporting statement for the CAR and
recordkeeping requirements as a result
of the changes made to the scope and burden impact analyses. First, it is not all other referenced subparts. The
applicability of the standards. Because clear if all of the proposed new burden associated with the amended 40
the final amendments to 40 CFR part 60, requirements are addressed in the ICR CFR part 60, subpart GGG and the new
subparts VV and GGG include only for sources subject to NSPS 40 CFR part 40 CFR part 60, subpart GGGa is
clarifications to existing requirements, 60, subpart GGG because the ICR does included in the supporting statement
burden reducing provisions, and new not discuss the incremental effects of that originally just supplied information
compliance options, no changes or the new requirements. Second, the ICR for subpart GGG.
additions to the recordkeeping for SOCMI sources appears to address Because this particular rulemaking
requirements in subpart VV or GGG are impacts only for those sources that elect did not evaluate sources subject to 40
needed to document and/or enforce to comply with the CAR option, not CFR part 60, subparts DDD and KKK or
these amendments. The recordkeeping those that would comply directly with the Refinery NESHAP, we have not
requirements apply to the new 40 CFR part 60, subpart VV. Third, no included any changes to the associated
standards (40 CFR part 60, subparts VVa ICR analyses were provided for sources ICR for these subparts.
and GGGa), as proposed, with a few that are subject to other rules that
reference subpart VV (i.e., NSPS V. Summary of Cost, Environmental,
exceptions. First, we removed the Energy, and Economic Impacts
requirement to record the time of each subparts DDD and KKK of 40 CFR part
monitoring event because the total 60, and the Refinery NESHAP). Fourth, In setting standards, the CAA requires
number of pieces of equipment that are the available analyses appear to address us to consider alternative emission
monitored each day should be sufficient burden impacts only for sources that control approaches, taking into account
for evaluating the ability of an operator become subject to subparts VV and GGG the estimated costs and benefits, as well
to properly perform EPA Method 21. in the future, but the proposed new as the energy, solid waste, and other
Second, records of information on requirements also would apply to effects. We are presenting estimates of
bypass lines are not required because sources that are currently subject to the impacts for the 500 ppm leak
the new subpart does not include the subpart VV or any of the rules that definition for valves and the 2,000 ppm
requirement to monitor bypass lines. reference it. Fifth, even if some facilities leak definition for pumps in 40 CFR part
Third, because sources subject to voluntarily collect some of the records 60, subparts VVa and GGGa and
subpart GGGa are not required to of concern, a requirement making their connector monitoring in subpart VVa.
comply with the monitoring collection mandatory is still subject to The final amendments are clarifications
requirements applicable to connectors, the PRA, Regulatory Flexibility Act, and to the existing subpart VV and subpart
the associated recordkeeping Executive Order 12866. Sixth, the GGG to 40 CFR part 60; they have no
requirements do not apply to those commenter noted that the claim in the associated emission reduction impacts.
sources. CAA section 114 specifically preamble that records of all monitoring The cost, environmental, and economic
provides that we may have access to and events would be ‘‘useful’’ is not a legal impacts of the new standards are
copy any records and inspect any basis for imposing the recordkeeping expressed as incremental differences
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monitoring equipment and compliance requirement. Seventh, if the total between the impacts of SOCMI and
method. burden for all of the sources exceeds petroleum refining process units
$100 million per year, additional review complying with the new subparts and
E. Burden Estimates is triggered under other laws and the current NSPS requirements (i.e.,
Comment: According to one Executive Order 12866. Based on the baseline). The impacts are presented for
commenter, the burden impact analyses lack of analyses, the commenter stated SOCMI and petroleum refining process

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units constructed, reconstructed, or for pumps and valves in the new 40 CFR 0004) at a leak definition of 500 ppm,
modified over the next 5 years. The part 60, subpart VVa is essentially the we estimated that connectors would be
analyses and the supporting same as the methodology described in monitored once every 4 years. SOCMI
documentation referenced below can be section VI.A of the preamble for the process units subject to the HON are
found in Docket ID No. EPA–HQ–OAR– proposed amendments (71 FR 65311, already required to monitor connectors,
2006–0699. November 7, 2006). There are, however, so the baseline impacts for process units
EPA estimates that there are no a few changes in the assumptions. We subject to these standards were
significant energy or secondary adjusted the estimates of baseline equivalent to the impacts of the new
environmental impacts as a result of the emissions and monitoring frequencies standards. The methodology did not
new standards. The new standards are for new, modified, and reconstructed change for the analysis of the impacts
changes to work practice requirements process units not subject to the HON, for connectors subject to the new
and do not require changes to the MON, or the Ethylene NESHAP to subpart VVa of 40 CFR part 60.
equipment or control devices. better reflect baseline conditions.
Therefore, use of fuel or electricity is In addition, we added emission Based on the assumptions described
not expected to increase significantly as reduction and cost impacts for the above, we estimate that the new
a result of the new standards. Likewise, monitoring of connectors. The analysis standards will reduce emissions of VOC
the new standards do not require completed for the proposed about 325 tons/yr from the baseline. The
physical changes that have the potential amendments to 40 CFR part 60, subpart estimated increase in annual cost,
to increase wastewater or solid waste VV was documented in a technical including annualized initial costs, is
from SOCMI or petroleum refinery memorandum (EPA–HQ–OAR–2006– about $821,000. The cost-effectiveness
process units. 0699–0035). Based on the leak is about $1,700 per ton of VOC removed.
frequencies obtained from Revised The estimated nationwide 5-year
A. What are the impacts for SOCMI MACT Floor, Regulatory Alternatives, incremental emissions reductions and
process units? and Nationwide Impacts for Equipment cost impacts for each of the new
The methodology used to estimate Leaks at Chemical Manufacturing standards are summarized in Table 2 of
impacts for the lower leak definitions Facilities (EPA–HQ–OAR–2003–0121– this preamble.

TABLE 2.—NATIONAL EMISSION REDUCTIONS AND COST IMPACTS FOR SOCMI UNITS SUBJECT TO STANDARDS UNDER
SUBPART VVA OF 40 CFR PART 60
[5th Year After Proposal]

Annual emis- Annualized Recovery Total annual


Total initial cost, Cost-effective-
Requirement sion reduc- cost, credit,1 cost,
$million ness, $/ton
tions, tons/yr $thousand/yr $thousand/yr $thousand/yr

Lower leak definition for valves and


pumps ................................................. 94 0.15 41 77 ¥36 ¥380
Monitor connectors ................................ 230 3.1 780 190 590 2,500

Total ................................................ 325 3.25 821 270 554 1,700


1Value of recovered product is $818/ton.

B. What are the impacts for petroleum However, the leak definitions in for process units not subject to a consent
refining process units? subparts VVa and GGGa are, in fact, decree. The revised impacts analysis is
more stringent than the Refinery described in detail in Docket ID No.
The methodology used to estimate NESHAP (proposed amendments at 72 EPA–HQ–OAR–2006–0699.
impacts for the new 40 CFR part 60, FR 50716, September 4, 2007, did not
subpart GGGa is essentially the same as We estimate that the new standards
include any changes to the equipment
the methodology described in section will reduce emissions of VOC about 13
leak standards). Therefore, process units
VI.B of the preamble for the proposed subject to both standards will comply tons/yr from the baseline. The estimated
amendments (71 FR 65311). There are, with the leak definitions in subpart increase in annual cost, including
however, a few changes in the GGGa, so we revised the analysis of the annualized initial costs, is about
assumptions. For example, we originally impacts for the promulgated $26,000. The cost-effectiveness is about
assumed that the leak definitions in the amendments to include the impacts for $1,600 per ton of VOC removed. The
Refinery NESHAP for valves and pumps sources subject to both the Refinery estimated nationwide 5-year
on new sources since July 14, 1994, are NESHAP and subpart GGGa. We also incremental emissions reductions and
equivalent to the leak definitions in 40 adjusted the estimates of baseline cost impacts for the new standards are
CFR part 60, subparts VVa and GGGa. emissions and monitoring frequencies summarized in Table 3 of this preamble.
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TABLE 3.—NATIONAL EMISSION REDUCTIONS AND COST IMPACTS FOR PETROLEUM REFINERY UNITS SUBJECT TO
STANDARDS UNDER SUBPART GGGA OF 40 CFR PART 60
[5th Year After Proposal]

Annual emis- Total initial Total annual Recovery Total annual Cost-effective-
Requirement sion reduc- cost, cost, credit,1 cost, ness, $/ton
tions, tons/yr $thousand $thousand/yr $thousand/yr $thousand/yr

Lower leak definition for valves and


pumps ................................................... 13 24 26 7 19 1,600
1Value of recovered product is $545/ton.

C. What are the economic impacts? (OMB) for review under Executive according to EPA policies set forth in 40
An economic impact analysis was Order 12866, and any changes made in CFR part 2, subpart B.
performed to compare the control costs response to OMB recommendations Facilities subject to 40 CFR part 60,
associated with producing a product at have been documented in the docket for subpart VVa are required to comply
petroleum refineries and various types this action. with the same monitoring,
of SOCMI facilities to the average value recordkeeping, and reporting
B. Paperwork Reduction Act requirements for equipment leaks as
of shipments from such facilities. Since
we are unable to associate projected The final amendments to the required by 40 CFR part 60, subpart VV,
control costs with specific facilities, we standards of performance for SOCMI along with certain additional
examined two polar cases for each and petroleum refineries (40 CFR part requirements. The new recordkeeping
industry, (1) a worst-case and (2) a best- 60, subparts VV and GGG) do not provisions in subpart VVa require
case scenario. For the SOCMI, the polar impose any new information collection general identifying information for each
cases are: (1) No more than eight burden. The final amendments to these monitoring activity required by the rule
complex process units located at a existing rules contain only and specific information needed to
single facility and (2) no more than one clarifications, burden reducing demonstrate compliance with the new
process unit per facility. For petroleum provisions, and new compliance monitoring provisions for connectors
refineries, the polar cases are: (1) All of options. OMB has previously approved and pumps in light liquid service
the affected process units associated the information collection requirements (weekly visual inspections for
with one facility in the industry and (2) contained in the existing regulations indications of dripping liquids). Records
no more than one affected process unit under the provisions of the Paperwork are also required to demonstrate
Reduction Act, 44 U.S.C. 3501, et seq., compliance with the QA/QC
at any given facility. In all cases, the
and has assigned OMB control number requirement for a calibration drift
magnitude of the costs is quite small.
2060–0443, EPA ICR number 1854.04, to assessment at the end of each day and
The only scenario for which the control
the ICR for subpart VV and OMB control comparison of the results of the
costs reach 0.3 percent of the facility
number 2060–0067, EPA ICR number assessment with the most recent
value of shipments is if an average ethyl
0983.08, to the ICR for subpart GGG. A calibration value. A new, reconstructed,
alcohol manufacturing facility (in terms
copy of the OMB-approved ICR may be or modified affected facility subject to
of value of shipments) experienced the
obtained from Susan Auby, Collection 40 CFR part 60, subpart VVa or GGGa
worst case scenario of 8 complex
Strategies Division, Environmental must submit a notification of
processing units requiring control.
compliance status report and include
Therefore, while the distribution of Protection Agency (2822T), 1200
information about leaking connectors in
costs to small entities is unknown, no Pennsylvania Ave., NW., Washington,
semi-annual compliance reports.
significant impact is expected for DC 20460 or by calling (202) 566–1672.
Affected facilities subject to subpart
facilities of any size. The impact of the The information collection GGGa are required to comply with the
regulation on prices and profitability requirements in these new final monitoring, recordkeeping, and
depends on the extent that the costs of standards (40 CFR part 60, subparts VVa reporting requirements in subpart VVa
control are passed on in the form of and GGGa) have been submitted for except for the monitoring requirements
higher prices or absorbed by the facility. approval to OMB under the Paperwork applicable to connectors (and the
Because the costs are so small, any price Reduction Act, 44 U.S.C. 3501, et seq. associated recordkeeping/reporting
increases or loss of profit would be quite The information collection requirements requirements).
small. No significant impact is expected are not enforceable until OMB approves The annual average burden for the
as a result of the final amendments or them. information collection requirements in
the new standards of performance for The information to be collected for 40 CFR part 60, subpart VVa is
equipment leaks of VOC for the the new standards are based on estimated at 7,194 labor-hours per year,
petroleum refining industry and SOCMI. recordkeeping and reporting with a total annual cost of $527,104 per
VI. Statutory and Executive Order requirements in the NSPS General year. The hour burden is based on an
Reviews Provisions in 40 CFR part 60, subpart A, estimated 29 hours per response on a
which are mandatory for all operators semi-annual basis by 76 respondents.
A. Executive Order 12866: Regulatory subject to NSPS. These recordkeeping Total capital/startup costs associated
Planning and Review and reporting requirements are with the monitoring equipment over the
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Under Executive Order 12866 (58 FR specifically authorized by section 114 of 3-year period of the ICR are estimated at
51735, October 4, 1993), this action is a the CAA (42 U.S.C. 7414). All $4,200. The operation of the monitors is
‘‘significant regulatory action’’ because information submitted to EPA pursuant included in the monitoring costs, and
it may raise novel legal or policy issues. to the recordkeeping and reporting maintenance costs on these units are
Accordingly, EPA submitted this action requirements for which a claim of incidental; therefore, no maintenance or
to the Office of Management and Budget confidentiality is made is safeguarded operation costs are incurred.

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The annual average burden for the city, county, town, school district or effective, or least burdensome
information collection requirements in special district with a population of less alternative that achieves the objectives
40 CFR part 60, subpart GGGa is than 50,000; and (3) a small of the rule. The provisions of section
estimated at 4,216 labor-hours per year, organization that is any not-for-profit 205 do not apply when they are
with a total annual cost of $330,353 per enterprise that is independently owned inconsistent with applicable law.
year. The hour burden is based on an and operated and is not dominant in its Moreover, section 205 allows EPA to
estimated 70 hours per response on a field. For the SOCMI, a small business adopt an alternative other than the least
semi-annual basis by 20 respondents. ranges from less than 500 employees to costly, most cost-effective, or least
No capital/startup costs or operation less than 1,000 employees, depending burdensome alternative if the
and maintenance costs are associated on the NAICS code. For petroleum Administrator publishes with the final
with the information collection refiners, a small business has no more rule an explanation why that alternative
requirements. than 1,500 employees and a crude oil was not adopted.
Burden means the total time, effort, or distillation capacity of no more than Before EPA establishes any regulatory
financial resources expended by persons 125,000 barrels per calendar day. requirements that may significantly or
to generate, maintain, retain, or disclose After considering the economic uniquely affect small governments,
or provide information to or for a impacts of these final amendments on including tribal governments, it must
Federal agency. This includes the time small entities, I certify that this action have developed under section 203 of the
needed to review instructions; develop, will not have a significant economic UMRA a small government agency plan.
acquire, install, and utilize technology impact on a substantial number of small The plan must provide for notifying
and systems for the purposes of entities. We have determined that no potentially affected small governments,
collecting, validating, and verifying facilities subject to the final enabling officials of affected small
information, processing and amendments to the standards of governments to have meaningful and
maintaining information, and disclosing performance for the SOCMI (40 CFR timely input in the development of EPA
and providing information; adjust the part 60, subpart VV) and petroleum regulatory proposals with significant
existing ways to comply with any refineries (40 CFR part 60, subpart Federal intergovernmental mandates,
previously applicable instructions and GGG), including small businesses, will and informing, educating, and advising
requirements; train personnel to be able incur any adverse impacts because the small governments on compliance with
to respond to a collection of final amendments do not create any new the regulatory requirements.
information; search data sources; requirements or burdens. The final EPA has determined that this final
complete and review the collection of amendments include only clarifications, action does not contain a Federal
information; and transmit or otherwise burden-reducing provisions, and new mandate that may result in expenditures
disclose the information. compliance options. We have of $100 million or more for State, local,
An agency may not conduct or determined that no facilities, large or and tribal governments, in the aggregate,
sponsor, and a person is not required to small, subject to the new standards of or the private sector in any 1 year. As
respond to, a collection of information performance for the SOCMI (40 CFR discussed earlier in this preamble, no
unless it displays a currently valid OMB part 60, subpart VVa) or petroleum costs are associated with the final
control number. The OMB control refineries (40 CFR part 60, subpart amendments, which contain only
numbers for EPA’s regulations in 40 GGGa) will incur any economic impact clarifications, burden-reducing
CFR are listed in 40 CFR part 9. When greater than 0.3 percent of their provisions, and new compliance
this ICR is approved by OMB, the revenues. For more information on the options. For the new standards, the
Agency will publish a technical results of the analysis of small entity estimated annual expenditures for the
amendment for the approved impacts, please refer to the economic private sector in the fifth year after
information collection requirements impact analysis for the final proposal are $821,000 for SOCMI and
contained in the new standards. amendments and new standards in $26,000 for petroleum refineries. Thus,
Docket ID No. EPA–HQ–OAR–2006– the final amendments and the new
C. Regulatory Flexibility Act
0699. standards are not subject to the
The Regulatory Flexibility Act (RFA) requirements of sections 202 and 205 of
generally requires an agency to prepare D. Unfunded Mandates Reform Act
the UMRA.
a regulatory flexibility analysis of any Title II of the Unfunded Mandates In addition, EPA has determined that
rule subject to notice and comment Reform Act (UMRA) of 1995, Public the final action contains no regulatory
rulemaking requirements under the Law 104–4, establishes requirements for requirements that might significantly or
Administrative Procedures Act or any Federal agencies to assess the effects of uniquely affect small governments. The
other statute unless the agency certifies their regulatory actions on State, local, final action contains no requirements
that the rule will not have a significant and tribal governments and the private that apply to such governments,
economic impact on a substantial sector. Under section 202 of the UMRA, imposes no obligations upon them, and
number of small entities. Small entities EPA generally must prepare a written will not result in expenditures by them
include small businesses, small statement, including a cost-benefit of $100 million or more in any 1 year
organizations, and small governmental analysis, for proposed and final rules or any disproportionate impacts on
jurisdictions. with ‘‘Federal mandates’’ that may them. Therefore, the final action is not
For purposes of assessing the impacts result in expenditures by State, local, subject to the requirements of section
of the final amendments and new and tribal governments, in the aggregate, 203 of the UMRA.
standards on small entities, small entity or to the private sector, of $100 million
is defined as: (1) A small business or more in any 1 year. Before E. Executive Order 13132: Federalism
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according to Small Business promulgating an EPA rule for which a Executive Order 13132, entitled
Administration size standards by the written statement is needed, section 205 ‘‘Federalism’’ (64 FR 43255, August 10,
North American Industry Classification of the UMRA generally requires EPA to 1999), requires EPA to develop an
System (NAICS) category of the owning identify and consider a reasonable accountable process to ensure
entity; (2) a small governmental number of regulatory alternatives and ‘‘meaningful and timely input by state
jurisdiction that is a government of a adopt the least costly, most cost- and local officials in the development of

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regulatory policies that have federalism preferable to other potentially effective equipment is in VOC service; ASTM
implications.’’ ‘‘Policies that have and reasonably feasible alternatives D2879–83, D2879–96, and D2879–97
federalism implications’’ is defined in considered by the Agency. (reapproved 2007) when determining if
the Executive Order to include EPA interprets Executive Order 13045 a piece of equipment is in light liquid
regulations that have ‘‘substantial direct as applying only to those regulatory service, and ASTM D2504–67, D2504–
effects on the States, on the relationship actions that are based on health or safety 77, D2504–88 (reapproved 1993),
between the national government and risks, such that the analysis required D2382–76, D2382–88, and D4809–95
the States, or on the distribution of under section 5–501 of the Executive when determining the maximum
power and responsibilities among the Order has the potential to influence the permitted velocity for air-assisted flares;
various levels of government.’’ regulation. This final action is not ASTM E260–73, E260–91, E260–96,
The final action does not have subject to Executive Order 13045 E168–67, E168–77, E168–92, E169–63,
federalism implications. The final because the final amendments and the E169–77, and E169–93 when
amendments and the new standards will new standards are based on technology determining if a piece of equipment is
not have substantial direct effects on the performance and not on health or safety in hydrogen service; and ASTM D86–78,
States, on the relationship between the risks. D86–82, D86–90, D86–95, and D86–96
national government and the States, or when determining if a piece of
H. Executive Order 13211: Actions
on the distribution of power and equipment is in light liquid service.
Concerning Regulations That
responsibilities among the various These VCS will be incorporated by
Significantly Affect Energy Supply,
levels of government, as specified in reference into § 60.17.
Distribution, or Use
Executive Order 13132. None of the Consistent with the NTTAA, EPA
affected facilities are owned or operated This final action is not a ‘‘significant conducted searches to identify VCS in
by State governments. Thus, Executive energy action’’ as defined in Executive addition to these EPA methods. No
Order 13132 does not apply to this final Order 13211, ‘‘Actions Concerning applicable VCS were identified for EPA
action. Regulations That Significantly Affect Methods 2A, 2D, 21, and 22. The search
Energy Supply, Distribution, or Use’’ (66 and review results are in the docket for
F. Executive Order 13175: Consultation FR 28355, May 22, 2001), because it is this rule.
and Coordination With Indian Tribal not likely to have a significant adverse The search identified one VCS as an
Governments effect on the supply, distribution, or use acceptable alternative to an EPA
Executive Order 13175, entitled of energy. Further, we have concluded Method. The standard ASTM D6420–99
‘‘Consultation and Coordination with that this final action is not likely to have (2004), ‘‘Test Method for Determination
Indian Tribal Governments’’ (65 FR any adverse energy effects. The final of Gaseous Organic Compounds by
67249, November 9, 2000), requires EPA action will not have any significant or Direct Interface Gas Chromatography/
to develop an accountable process to adverse energy impacts because no Mass Spectrometry,’’ is cited in this rule
ensure ‘‘meaningful and timely input by additional pollution controls or other as an alternative to EPA Method 18 for
tribal officials in the development of equipment that consume energy are measuring gaseous organic HAP.
regulatory policies that have tribal required by the final amendments or Similar to EPA’s performance-based
implications.’’ The final action does not new standards. Method 18, ASTM D6420–99 is also a
have tribal implications, as specified in performance-based method for
Executive Order 13175. The final I. National Technology Transfer and measurement of gaseous organic
amendments and the new standards will Advancement Act compounds. However, ASTM D6420–99
not have substantial direct effects on As noted in the proposal, section was written to support the specific use
tribal governments, on the relationship 12(d) of the National Technology of highly portable and automated gas
between the Federal government and Transfer and Advancement Act chromatography (GC)/mass
Indian tribes, or on the distribution of (NTTAA) of 1995 (Public Law No. 104– spectrometry (MS). While offering
power and responsibilities between the 113, 12(d) (15 U.S.C. 272 note), directs advantages over the traditional EPA
Federal government and Indian tribes, EPA to use voluntary consensus Method 18, the ASTM method does
as specified in Executive Order 13175. standards (VCS) in its regulatory allow some less stringent criteria for
Thus, Executive Order 13175 does not activities, unless to do so would be accepting GC/MS results than required
apply to this final action. inconsistent with applicable law or by EPA Method 18. Therefore, ASTM
otherwise impractical. VCS are D6420–99 is a suitable alternative to
G. Executive Order 13045: Protection of
technical standards (e.g., materials EPA Method 18 only where:
Children From Environmental Health
specifications, test methods, sampling (1) The target compound(s) are those
Risks and Safety Risks
procedures, and business practices) that listed in Section 1.1 of ASTM D6420–
Executive Order 13045, entitled are developed or adopted by VCS 99, and
‘‘Protection of Children from bodies. The NTTAA directs EPA to (2) The target concentration is
Environmental Health Risks and Safety provide Congress, through OMB, between 150 parts per billion by volume
Risks’’ (62 FR 19885, April 23, 1997), explanations when the Agency decides and 100 ppmv.
applies to any rule that: (1) Is not to use available and applicable VCS. For target compound(s) not listed in
determined to be ‘‘economically This rulemaking involves technical Section 1.1 of ASTM D6420–99, but
significant’’ as defined under Executive standards. The EPA cites the following potentially detected by mass
Order 12866, and (2) concerns an methods: EPA Method 2, 2A, 2C, 2D, 18, spectrometry, the regulation specifies
environmental health or safety risk that 21, and 22 of 40 CFR part 60, appendix that the additional system continuing
EPA has reason to believe may have a A. calibration check after each run, as
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disproportionate effect on children. If In addition, the EPA cites the detailed in Section 10.5.3 of the ASTM
the regulatory action meets both criteria, following ASTM methods that are also method, must be followed, met,
the Agency must evaluate the VCS: ASTM E260–73, E260–91, E260– documented, and submitted with the
environmental health or safety effects of 96 (reapproved 2006), E168–67, E168– data report even if there is no moisture
the planned rule on children, and 77, E168–92, E169–63, E169–77, and condenser used or the compound is not
explain why the planned regulation is E169–93 when determining if a piece of considered water soluble. For target

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compound(s) not listed in Section 1.1 of 60, subpart VVa) and petroleum Subpart A—[Amended]
ASTM D6420–99, and not amenable to refineries (40 CFR part 60, subpart
detection by mass spectrometry, ASTM GGGa) will increase the level of ■ 2. Section 60.17 is amended by
D6420–99 does not apply. environmental protection for all affected revising paragraphs (a)(7), (35), (36),
As a result, EPA will cite ASTM populations without having any (41), (70), (88), (89), and (90) to read as
D6420–99 in this rule. The EPA will disproportionately high and adverse follows:
also cite EPA Method 18 as a GC option human health or environmental effects
in addition to ASTM D6420–99. This on any population, including any § 60.17 Incorporations by reference.
will allow the continued use of GC minority or low-income population. The * * * * *
configurations other than GC/MS. new subparts will increase the
The search for emissions (a) * * *
stringency of the standards of
measurement procedures identified four performance by reducing the leak (7) ASTM D86–78, 82, 90, 93, 95, 96,
other VCS. The EPA determined that definitions for certain pumps and Distillation of Petroleum Products, IBR
these four standards identified for valves, and subpart VVa will increase approved for §§ 60.562–2(d), 60.593(d),
measuring emissions of the HAP or the stringency further by requiring the 60.593a(d), and 60.633(h).
surrogates subject to emission standards monitoring of certain connectors. * * * * *
in this rule were impractical alternatives
to EPA test methods for the purposes of K. Congressional Review Act (35) ASTM D2382–76, 88, Heat of
this rule. Therefore, EPA does not The Congressional Review Act, 5 Combustion of Hydrocarbon Fuels by
intend to adopt these standards for this U.S.C. 801, et seq., as added by the Bomb Calorimeter (High-Precision
purpose. The reasons for the Small Business Regulatory Enforcement Method), IBR approved for
determinations for the four methods are Fairness Act of 1996, generally provides §§ 60.18(f)(3), 60.485(g)(6),
discussed in the docket to this rule. that before a rule may take effect the 60.485a(g)(6), 60.564(f)(3), 60.614(e)(4),
A source may apply to EPA for agency promulgating the rule must 60.664(e)(4), and 60.704(d)(4).
permission to use alternative test submit a rule report, which includes a (36) ASTM D2504–67, 77, 88
methods or alternative monitoring copy of the rule, to each House of (Reapproved 1993), Noncondensable
requirements in place of any required Congress and to the Comptroller General
testing methods, performance Gases in C3 and Lighter Hydrocarbon
of the United States. EPA will submit a Products by Gas Chromatography, IBR
specifications, or procedures. Potential report containing this final action and
standards are reviewed to determine if approved for §§ 60.485(g)(5) and
other required information to the United 60.485a(g)(5).
they meet the requirements of EPA States Senate, the United States House
Method 301 for accepting alternative of Representatives, and the Comptroller * * * * *
methods or scientific, engineering, and General of the United States prior to (41) ASTM D2879–83, 96, 97, Test
policy equivalence to procedures in publication of the final action in the Method for Vapor Pressure-Temperature
EPA reference methods. Federal Register. A major rule cannot Relationship and Initial Decomposition
J. Executive Order 12898: Federal take effect until 60 days after it is Temperature of Liquids by Isoteniscope,
Actions To Address Environmental published in the Federal Register. This IBR approved for §§ 60.111b(f)(3),
Justice in Minority Populations and action is not a ‘‘major rule’’ as defined 60.116b(e)(3)(ii), 60.116b(f)(2)(i),
Low-Income Populations by 5 U.S.C. 804(2). This final rule is 60.485(e)(1), and 60.485a(e)(1).
effective on November 16, 2007.
Executive Order 12898 (59 FR 7629, * * * * *
February 16, 1994) establishes Federal List of Subjects (70) ASTM D4809–95, Standard Test
executive policy on environmental Method for Heat of Combustion of
40 CFR Part 60
justice. Its main provision directs
Environmental protection, Liquid Hydrocarbon Fuels by Bomb
Federal agencies, to the greatest extent
Administrative practice and procedure, Calorimeter (Precision Method), IBR
practicable and permitted by law, to
Air pollution control, Incorporation by approved for §§ 60.18(f)(3), 60.485(g)(6),
make environmental justice part of their
mission by identifying and addressing, reference, Intergovernmental relations, 60.485a(g)(6), 60.564(f)(3), 60.614(d)(4),
as appropriate, disproportionately high Reporting and recordkeeping 60.664(e)(4), and 60.704(d)(4).
and adverse human health or requirements. * * * * *
environmental effects of their programs, 40 CFR Part 63 (88) ASTM E168–67, 77, 92, General
policies, and activities on minority Techniques of Infrared Quantitative
populations and low-income Environmental protection,
Administrative practice and procedure, Analysis, IBR approved for
populations in the United States. §§ 60.485a(d)(1), 60.593(b)(2),
EPA has determined that this final Air pollution control, Incorporation by
reference, Intergovernmental relations. 60.593a(b)(2), and 60.632(f).
action will not have disproportionately
high and adverse human health or Dated: October 31, 2007. (89) ASTM E169–63, 77, 93, General
environmental effects on minority or Stephen L. Johnson, Techniques of Ultraviolet Quantitative
low-income populations. The final Administrator. Analysis, IBR approved for
amendments to the standards of §§ 60.485a(d)(1), 60.593(b)(2),
■ For the reasons cited in the preamble,
performance for SOCMI (40 CFR part 60, 60.593a(b)(2), and 60.632(f).
title 40, chapter I, parts 60 and 63 of the
subpart VV) and petroleum refineries Code of Federal Regulations are (90) ASTM E260–73, 91, 96, General
(40 CFR part 60, subpart GGG) are amended as follows: Gas Chromatography Procedures, IBR
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comprised of clarifications, burden- approved for §§ 60.485a(d)(1),


reducing provisions, and new PART 60—[AMENDED] 60.593(b)(2), 60.593a(b)(2), and
compliance options that do not affect 60.632(f).
the current level of control at facilities ■ 1. The authority citation for part 60
subject these rules. The new standards continues to read as follows: * * * * *
of performance for SOCMI (40 CFR part Authority: 42 U.S.C. 7401, et seq.

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Subpart VV—Standards of subpart F, except that provisions produce, as intermediate or final


Performance for Equipment Leaks of required to be met prior to products, one or more of the chemicals
VOC in the Synthetic Organic implementing 40 CFR part 65 still listed in § 60.489. A process unit can
Chemicals Manufacturing Industry for apply. Owners and operators who operate independently if supplied with
which Construction, Reconstruction, choose to comply with 40 CFR part 65, sufficient feed or raw materials and
or Modification Commenced After subpart F, must comply with 40 CFR sufficient storage facilities for the
January 5, 1981, and on or Before part 65, subpart A. product. For the purpose of this subpart,
November 7, 2006 (2) Subpart VVa. Owners or operators process unit includes any feed,
may choose to comply with the intermediate and final product storage
■ 3. The heading for Subpart VV is provisions of subpart VVa of this part 60 vessels (except as specified in § 60.482–
revised as set out above. to satisfy the requirements of this 1(g)), product transfer racks, and
■ 4. Section 60.480 is amended by subpart VV for an affected facility. connected ducts and piping. A process
revising paragraphs (b), (d)(2) through ■ 5. Section 60.481 is amended by: unit includes all equipment as defined
(d)(5), and (e) to read as follows: ■ a. In the definition of ‘‘Capital in this subpart.
§ 60.480 Applicability and designation of expenditure’’ remove the table heading Process unit shutdown means a work
affected facility. in paragraph (a)(3) and add in its place practice or operational procedure that
the heading ‘‘Table for Determining stops production from a process unit or
* * * * *
Applicable Value for B’’; part of a process unit during which it is
(b) Any affected facility under
■ b. Revising the definitions for the technically feasible to clear process
paragraph (a) of this section that
terms ‘‘Connector,’’ ‘‘First attempt at material from a process unit or part of
commences construction,
repair,’’ ‘‘Hard piping,’’ ‘‘Process unit,’’ a process unit consistent with safety
reconstruction, or modification after
‘‘Process unit shutdown,’’ and constraints and during which repairs
January 5, 1981, and on or before
‘‘Repaired’’; and can be accomplished. The following are
November 7, 2006, shall be subject to
■ c. Adding, in alphabetical order, new not considered process unit shutdowns:
the requirements of this subpart.
definitions for the terms ‘‘Closed-loop (1) An unscheduled work practice or
* * * * * system,’’ ‘‘Closed-purge system,’’ operational procedure that stops
(d) * * * ‘‘Storage vessel,’’ and ‘‘Transfer rack’’ to production from a process unit or part
(2) Any affected facility that has the read as follows: of a process unit for less than 24 hours.
design capacity to produce less than (2) An unscheduled work practice or
1,000 Mg/yr (1,102 ton/yr) of a chemical § 60.481 Definitions. operational procedure that would stop
listed in § 60.489 is exempt from * * * * * production from a process unit or part
§§ 60.482–1 through 60.482–10. Closed-loop system means an of a process unit for a shorter period of
(3) If an affected facility produces enclosed system that returns process time than would be required to clear the
heavy liquid chemicals only from heavy fluid to the process. process unit or part of the process unit
liquid feed or raw materials, then it is Closed-purge system means a system of materials and start up the unit, and
exempt from §§ 60.482–1 through or combination of systems and portable would result in greater emissions than
60.482–10. containers to capture purged liquids. delay of repair of leaking components
(4) Any affected facility that produces Containers for purged liquids must be until the next scheduled process unit
beverage alcohol is exempt from covered or closed when not being filled shutdown.
§§ 60.482–1 through 60.482–10. or emptied. (3) The use of spare equipment and
(5) Any affected facility that has no technically feasible bypassing of
* * * * *
equipment in volatile organic Connector means flanged, screwed, or equipment without stopping
compounds (VOC) service is exempt other joined fittings used to connect two production.
from §§ 60.482–1 through 60.482–10. pipe lines or a pipe line and a piece of
(e) Alternative means of compliance— * * * * *
process equipment or that close an Repaired means that equipment is
(1) Option to comply with part 65. (i)
opening in a pipe that could be adjusted, or otherwise altered, in order
Owners or operators may choose to
connected to another pipe. Joined to eliminate a leak as defined in the
comply with the provisions of 40 CFR
fittings welded completely around the applicable sections of this subpart and,
part 65, subpart F, to satisfy the
circumference of the interface are not except for leaks identified in accordance
requirements of §§ 60.482 through
considered connectors for the purpose with §§ 60.482–2(b)(2)(ii) and (d)(6)(ii)
60.487 for an affected facility. When
of this subpart. and (iii), 60.482–3(f), and 60.482–
choosing to comply with 40 CFR part
65, subpart F, the requirements of * * * * * 10(f)(1)(ii), is re-monitored as specified
§ 60.485(d), (e), and (f) and § 60.486(i) First attempt at repair means to take in § 60.485(b) to verify that emissions
and (j) still apply. Other provisions action for the purpose of stopping or from the equipment are below the
applying to an owner or operator who reducing leakage of organic material to applicable leak definition.
chooses to comply with 40 CFR part 65 the atmosphere using best practices. * * * * *
are provided in 40 CFR 65.1. * * * * * Storage vessel means a tank or other
(ii) Part 60, subpart A. Owners or Hard-piping means pipe or tubing that vessel that is used to store organic
operators who choose to comply with 40 is manufactured and properly installed liquids that are used in the process as
CFR part 65, subpart F must also using good engineering judgment and raw material feedstocks, produced as
comply with §§ 60.1, 60.2, 60.5, 60.6, standards such as ASME B31.3, Process intermediates or final products, or
60.7(a)(1) and (4), 60.14, 60.15, and Piping (available from the American generated as wastes. Storage vessel does
Society of Mechanical Engineers, PO not include vessels permanently
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60.16 for that equipment. All sections


and paragraphs of subpart A of this part Box 2300, Fairfield, NJ 07007–2300). attached to motor vehicles, such as
that are not mentioned in this paragraph * * * * * trucks, railcars, barges, or ships.
(e)(1)(ii) do not apply to owners and Process unit means the components * * * * *
operators of equipment subject to this assembled and connected by pipes or Transfer rack means the collection of
subpart complying with 40 CFR part 65, ducts to process raw materials and to loading arms and loading hoses, at a

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64880 Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Rules and Regulations

single loading rack, that are used to fill excluded from the requirements of (3) The equipment is backup
tank trucks and/or railcars with organic §§ 60.482–2 through 60.482–10 if it is equipment that is in VOC service only
liquids. identified as required in § 60.486(e)(6) when the primary equipment is out of
* * * * * and it meets any of the conditions service.
specified in paragraphs (e)(1) through
■ 6. Section 60.482–1 is amended by (f)(1) If a dedicated batch process unit
(3) of this section.
adding paragraphs (e), (f), and (g) to read (1) The equipment is in VOC service operates less than 365 days during a
as follows: only during startup and shutdown, year, an owner or operator may monitor
excluding startup and shutdown to detect leaks from pumps and valves
§ 60.482–1 Standards: General. at the frequency specified in the
between batches of the same campaign
* * * * * for a batch process. following table instead of monitoring as
(e) Equipment that an owner or (2) The equipment is in VOC service specified in §§ 60.482–2, 60.482–7, and
operator designates as being in VOC only during process malfunctions or 60.483–2:
service less than 300 hours (hr)/yr is other emergencies.

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 unit. If the storage vessel is shared each calendar week for indications of
among two or more batch process units equally among process units, none of liquids dripping from the pump seal,
that are subject to this subpart may be which have equipment subject to except as provided in § 60.482–1(f).
monitored at the frequencies specified subpart VVa of this part, the storage (b) * * *
in paragraph (f)(1) of this section, vessel is assigned to any process unit (2) If there are indications of liquids
provided the operating time of all such subject to this subpart. If the dripping from the pump seal, the owner
process units is considered. predominant use of the storage vessel or operator shall follow the procedure
(3) The monitoring frequencies varies from year to year, then the owner specified in either paragraph (b)(2)(i) or
specified in paragraph (f)(1) of this or operator must estimate the (ii) of this section. This requirement
section are not requirements for predominant use initially and reassess does not apply to a pump that was
monitoring at specific intervals and can every 3 years. The owner or operator monitored after a previous weekly
be adjusted to accommodate process must keep records of the information inspection if the instrument reading for
operations. An owner or operator may and supporting calculations that show that monitoring event was less than
monitor at any time during the specified how predominant use is determined. All 10,000 ppm and the pump was not
monitoring period (e.g., month, quarter, equipment on the storage vessel must be repaired since that monitoring event.
year), provided the monitoring is monitored when in VOC service. (i) Monitor the pump within 5 days as
conducted at a reasonable interval after ■ 7. Section 60.482–2 is amended by:
specified in § 60.485(b). If an instrument
completion of the last monitoring ■ a. Revising paragraph (a); reading of 10,000 ppm or greater is
campaign. Reasonable intervals are ■ b. Revising paragraph(b)(2); measured, a leak is detected. The leak
defined in paragraphs (f)(3)(i) through ■ c. Revising paragraph (c)(2); shall be repaired using the procedures
(iv) of this section. ■ d. Revising paragraphs (d) in paragraph (c) of this section.
(i) When monitoring is conducted introductory text, (d)(1)(ii), (d)(4), (d)(5), (ii) Designate the visual indications of
quarterly, monitoring events must be and (d)(6); and liquids dripping as a leak, and repair the
separated by at least 30 calendar days. ■ e. Revising paragraph (e) introductory leak within 15 days of detection by
(ii) When monitoring is conducted text to read as follows: eliminating the visual indications of
semiannually (i.e., once every 2 liquids dripping.
quarters), monitoring events must be § 60.482–2 Standards: Pumps in light (c) * * *
separated by at least 60 calendar days. liquid service. (2) A first attempt at repair shall be
(iii) When monitoring is conducted in (a)(1) Each pump in light liquid made no later than 5 calendar days after
3 quarters per year, monitoring events service shall be monitored monthly to each leak is detected. First attempts at
must be separated by at least 90 detect leaks by the methods specified in repair include, but are not limited to,
calendar days. § 60.485(b), except as provided in the practices described in paragraphs
(iv) When monitoring is conducted § 60.482–1(c) and (f) and paragraphs (d), (c)(2)(i) and (ii) of this section, where
annually, monitoring events must be (e), and (f) of this section. A pump that practicable.
separated by at least 120 calendar days. begins operation in light liquid service (i) Tightening the packing gland nuts;
(g) If the storage vessel is shared with after the initial startup date for the (ii) Ensuring that the seal flush is
multiple process units, the process unit process unit must be monitored for the operating at design pressure and
with the greatest annual amount of first time within 30 days after the end temperature.
stored materials (predominant use) is of its startup period, except for a pump (d) Each pump equipped with a dual
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the process unit the storage vessel is that replaces a leaking pump and except mechanical seal system that includes a
assigned to. If the storage vessel is as provided in § 60.482–1(c) and (f) and barrier fluid system is exempt from the
shared equally among process units, and paragraphs (d), (e), and (f) of this requirements of paragraph (a) of this
one of the process units has equipment section. section, provided the requirements
subject to subpart VVa of this part, the (2) Each pump in light liquid service specified in paragraphs (d)(1) through
storage vessel is assigned to that process shall be checked by visual inspection (6) of this section are met.

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(1) * * * § 60.482–3 Standards: Compressors. management unit is subject to and


(ii) Equipped with a barrier fluid (a) Each compressor shall be equipped operated in compliance with the
degassing reservoir that is routed to a with a seal system that includes a provisions of 40 CFR part 63, subpart G,
process or fuel gas system or connected barrier fluid system and that prevents applicable to Group 1 wastewater
by a closed vent system to a control leakage of VOC to the atmosphere, streams;
device that complies with the except as provided in § 60.482–1(c) and (B) A treatment, storage, or disposal
requirements of § 60.482–10; or paragraphs (h), (i), and (j) of this section. facility subject to regulation under 40
* * * * * * * * * * CFR part 262, 264, 265, or 266;
(j) Any existing reciprocating (C) A facility permitted, licensed, or
(4)(i) Each pump is checked by visual
compressor in a process unit which registered by a state to manage
inspection, each calendar week, for
becomes an affected facility under municipal or industrial solid waste, if
indications of liquids dripping from the
provisions of § 60.14 or § 60.15 is the process fluids are not hazardous
pump seals.
exempt from paragraphs (a) through (e) waste as defined in 40 CFR part 261;
(ii) If there are indications of liquids (D) A waste management unit subject
dripping from the pump seal at the time and (h) of this section, provided the
owner or operator demonstrates that to and operated in compliance with the
of the weekly inspection, the owner or treatment requirements of § 61.348(a),
operator shall follow the procedure recasting the distance piece or replacing
the compressor are the only options provided all waste management units
specified in either paragraph that collect, store, or transport the
(d)(4)(ii)(A) or (B) of this section. available to bring the compressor into
compliance with the provisions of purged process fluid to the treatment
(A) Monitor the pump within 5 days unit are subject to and operated in
as specified in § 60.485(b) to determine paragraphs (a) through (e) and (h) of this
section. compliance with the management
if there is a leak of VOC in the barrier requirements of §§ 61.343 through
fluid. If an instrument reading of 10,000 ■ 9. Section 60.482–5 is amended by
61.347; or
ppm or greater is measured, a leak is revising paragraphs (a) and (b) to read
(E) A device used to burn off-
detected. as follows:
specification used oil for energy
(B) Designate the visual indications of § 60.482–5 Standards: Sampling recovery in accordance with 40 CFR
liquids dripping as a leak. connection systems. part 279, subpart G, provided the
(5)(i) Each sensor as described in (a) Each sampling connection system purged process fluid is not hazardous
paragraph (d)(3) of this section is shall be equipped with a closed-purge, waste as defined in 40 CFR part 261.
checked daily or is equipped with an closed-loop, or closed-vent system, * * * * *
audible alarm. except as provided in § 60.482–1(c) and ■ 10. Section 60.482–6 is amended by
(ii) The owner or operator determines, paragraph (c) of this section. revising paragraph (a)(1) to read as
based on design considerations and (b) Each closed-purge, closed-loop, or follows:
operating experience, a criterion that closed-vent system as required in
indicates failure of the seal system, the paragraph (a) of this section shall § 60.482–6 Standards: Open-ended valves
barrier fluid system, or both. comply with the requirements specified or lines.
(iii) If the sensor indicates failure of in paragraphs (b)(1) through (4) of this (a)(1) Each open-ended valve or line
the seal system, the barrier fluid system, section. shall be equipped with a cap, blind
or both, based on the criterion (1) Gases displaced during filling of flange, plug, or a second valve, except
established in paragraph (d)(5)(ii) of this the sample container are not required to as provided in § 60.482–1(c) and
section, a leak is detected. be collected or captured. paragraphs (d) and (e) of this section.
(6)(i) When a leak is detected (2) Containers that are part of a * * * * *
pursuant to paragraph (d)(4)(ii)(A) of closed-purge system must be covered or ■ 11. Section 60.482–7 is amended by
this section, it shall be repaired as closed when not being filled or emptied. revising paragraphs (a) and (c)(1) to read
specified in paragraph (c) of this (3) Gases remaining in the tubing or as follows:
section. piping between the closed-purge system
(ii) A leak detected pursuant to valve(s) and sample container valve(s) § 60.482–7 Standards: Valves in gas/vapor
after the valves are closed and the service and in light liquid service.
paragraph (d)(5)(iii) of this section shall
be repaired within 15 days of detection sample container is disconnected are (a)(1) Each valve shall be monitored
by eliminating the conditions that not required to be collected or captured. monthly to detect leaks by the methods
activated the sensor. (4) Each closed-purge, closed-loop, or specified in § 60.485(b) and shall
(iii) A designated leak pursuant to closed-vent system shall be designed comply with paragraphs (b) through (e)
paragraph (d)(4)(ii)(B) of this section and operated to meet requirements in of this section, except as provided in
shall be repaired within 15 days of either paragraph (b)(4)(i), (ii), (iii), or paragraphs (f), (g), and (h) of this
detection by eliminating visual (iv) of this section. section, § 60.482–1(c) and (f), and
indications of liquids dripping. (i) Return the purged process fluid §§ 60.483–1 and 60.483–2.
directly to the process line. (2) A valve that begins operation in
(e) Any pump that is designated, as
(ii) Collect and recycle the purged gas/vapor service or light liquid service
described in § 60.486(e)(1) and (2), for
process fluid to a process. after the initial startup date for the
no detectable emissions, as indicated by
(iii) Capture and transport all the process unit must be monitored
an instrument reading of less than 500
purged process fluid to a control device according to paragraphs (a)(2)(i) or (ii),
ppm above background, is exempt from
that complies with the requirements of except for a valve that replaces a leaking
the requirements of paragraphs (a), (c),
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§ 60.482–10. valve and except as provided in


and (d) of this section if the pump:
(iv) Collect, store, and transport the paragraphs (f), (g), and (h) of this
* * * * * purged process fluid to any of the section, § 60.482–1(c), and §§ 60.483–1
■ 8. Section 60.482–3 is amended by following systems or facilities: and 60.483–2.
revising paragraphs (a) and (j) to read as (A) A waste management unit as (i) Monitor the valve as in paragraph
follows: defined in § 63.111, if the waste (a)(1) of this section. The valve must be

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monitored for the first time within 30 service, the pump or valve may be (b) The owner or operator shall
days after the end of its startup period considered to be repaired and no longer determine compliance with the
to ensure proper installation. subject to delay of repair requirements standards in §§ 60.482–1 through
(ii) If the valves on the process unit if two consecutive monthly monitoring 60.482–10, 60.483, and 60.484 as
are monitored in accordance with instrument readings are below the leak follows:
§ 60.483–1 or § 60.483–2, count the new definition. * * * * *
valve as leaking when calculating the ■ 14. Section 60.483–1 is amended by (e) The owner or operator shall
percentage of valves leaking as revising paragraph (d) to read as demonstrate that a piece of equipment
described in § 60.483–2(b)(5). If less follows: is in light liquid service by showing that
than 2.0 percent of the valves are all the following conditions apply:
leaking for that process unit, the valve § 60.483–1 Alternative standards for (1) The vapor pressure of one or more
must be monitored for the first time valves—allowable percentage of valves
leaking. of the organic components is greater
during the next scheduled monitoring than 0.3 kPa at 20 °C (1.2 in. H2O at 68
event for existing valves in the process * * * * * °F). Standard reference texts or ASTM
unit or within 90 days, whichever (d) Owners and operators who elect to
D2879–83, 96, or 97 (incorporated by
comes first. comply with this alternative standard
reference—see § 60.17) shall be used to
shall not have an affected facility with
* * * * * determine the vapor pressures.
(c)(1)(i) Any valve for which a leak is a leak percentage greater than 2.0
(2) The total concentration of the pure
not detected for 2 successive months percent, determined as described in
organic components having a vapor
§ 60.485(h).
may be monitored the first month of pressure greater than 0.3 kPa at 20 °C
■ 15. Section 60.483–2 is amended by
every quarter, beginning with the next (1.2 in. H2O at 68 °F) is equal to or
quarter, until a leak is detected. revising paragraph (b)(5) and adding greater than 20 percent by weight.
(ii) As an alternative to monitoring all paragraph (b)(7) to read as follows:
* * * * *
of the valves in the first month of a § 60.483–2 Alternative standards for (g) * * *
quarter, an owner or operator may elect valves—skip period leak detection and (4) The net heating value (HT) of the
to subdivide the process unit into 2 or repair. gas being combusted in a flare shall be
3 subgroups of valves and monitor each * * * * * computed using the following equation:
subgroup in a different month during (b) * * *
the quarter, provided each subgroup is (5) The percent of valves leaking shall n
monitored every 3 months. The owner be determined as described in H T = K ∑ Ci H i
or operator must keep records of the § 60.485(h). i =l
valves assigned to each subgroup. * * * * * Where:
* * * * * (7) A valve that begins operation in K = Conversion constant, 1.740 × 10¥7 (g-
■ 12. Section 60.482–8 is amended by gas/vapor service or light liquid service mole)(MJ)/(ppm-scm-kcal) (metric units)
revising paragraphs (a)(2) and (d) to read after the initial startup date for a process = 4.674 × 10¥6 [(g-mole)(Btu)/(ppm-scf-
as follows: unit following one of the alternative kcal)] (English units)
standards in this section must be Ci = Concentration of sample component ‘‘i,’’
§ 60.482–8 Standards: Pumps and valves ppm
in heavy liquid service, pressure relief
monitored in accordance with § 60.482–
7(a)(2)(i) or (ii) before the provisions of Hi = Net heat of combustion of sample
devices in light liquid or heavy liquid component ‘‘i’’ at 25 °C and 760 mm Hg
service, and connectors. this section can be applied to that valve.
(77 °F and 14.7 psi), kcal/g-mole
(a) * * * ■ 16. Section 60.484 is amended by:
(2) The owner or operator shall ■ a. Removing the word ‘‘equivalance’’ (5) Method 18 or ASTM D6420–99
eliminate the visual, audible, olfactory, and adding in its place the word (2004) (where the target compound(s)
or other indication of a potential leak ‘‘equivalence’’ in paragraph (a); and are those listed in Section 1.1 of ASTM
within 5 calendar days of detection. ■ b. Revising paragraph (b)(2) to read as D6420–99, and the target concentration
follows: is between 150 parts per billion by
* * * * * volume and 100 parts per million by
(d) First attempts at repair include, § 60.484 Equivalence of means of volume) and ASTM D2504–67, 77 or 88
but are not limited to, the best practices emission limitation. (Reapproved 1993) (incorporated by
described under §§ 60.482–2(c)(2) and * * * * * reference—see § 60.17) shall be used to
60.482–7(e). (b) * * * determine the concentration of sample
■ 13. Section 60.482–9 is amended by (2) The Administrator will compare component ‘‘i.’’
revising paragraph (a) and adding test data for demonstrating equivalence
paragraph (f) to read as follows: of the means of emission limitation to * * * * *
(h) The owner or operator shall
test data for the equipment, design, and
§ 60.482–9 Standards: Delay of repair. determine compliance with § 60.483–1
operational requirements.
(a) Delay of repair of equipment for or § 60.483–2 as follows:
* * * * * (1) The percent of valves leaking shall
which leaks have been detected will be
allowed if repair within 15 days is ■ 17. Section 60.485 is amended by: be determined using the following
■ a. Revising paragraph (b) introductory equation:
technically infeasible without a process
unit shutdown. Repair of this text;
■ b. Revising paragraphs (e)
%VL = (VL/VT) * 100
equipment shall occur before the end of Where:
introductory text, (e)(1) and (e)(2);
the next process unit shutdown. ■ c. Revising paragraphs (g)(4) and (5); %VL = Percent leaking valves
Monitoring to verify repair must occur
mstockstill on PROD1PC66 with RULES3

VL = Number of valves found leaking


and
within 15 days after startup of the VT = The sum of the total number of valves
■ d. Adding paragraph (h) to read as
process unit. monitored
follows:
* * * * * (2) The total number of valves
(f) When delay of repair is allowed for § 60.485 Test methods and procedures. monitored shall include difficult-to-
ER16NO07.039</MATH>

a leaking pump or valve that remains in * * * * * monitor and unsafe-to-monitor valves

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only during the monitoring period in Subpart VVa—Standards of (2) Any affected facility that has the
which those valves are monitored. Performance for Equipment Leaks of design capacity to produce less than
(3) The number of valves leaking shall VOC in the Synthetic Organic 1,000 Mg/yr (1,102 ton/yr) of a chemical
include valves for which repair has been Chemicals Manufacturing Industry for listed in § 60.489 is exempt from
delayed. Which Construction, Reconstruction, §§ 60.482–1a through 60.482–11a.
(4) Any new valve that is not or Modification Commenced After (3) If an affected facility produces
monitored within 30 days of being November 7, 2006 heavy liquid chemicals only from heavy
placed in service shall be included in liquid feed or raw materials, then it is
the number of valves leaking and the Sec. exempt from §§ 60.482–1a through
total number of valves monitored for the 60.480a Applicability and designation of 60.482–11a.
monitoring period in which the valve is affected facility. (4) Any affected facility that produces
60.481a Definitions.
placed in service. 60.482–1a Standards: General. beverage alcohol is exempt from
(5) If the process unit has been 60.482–2a Standards: Pumps in light liquid §§ 60.482–1a through 60.482–11a.
subdivided in accordance with service. (5) Any affected facility that has no
§ 60.482–7(c)(1)(ii), the sum of valves 60.482–3a Standards: Compressors. equipment in volatile organic
found leaking during a monitoring 60.482–4a Standards: Pressure relief compounds (VOC) service is exempt
period includes all subgroups. devices in gas/vapor service. from §§ 60.482–1a through 60.482–11a.
(6) The total number of valves 60.482–5a Standards: Sampling connection (e) Alternative means of compliance—
monitored does not include a valve systems. (1) Option to comply with part 65. (i)
monitored to verify repair. 60.482–6a Standards: Open-ended valves or Owners or operators may choose to
lines.
■ 18. Section 60.486 is amended by 60.482–7a Standards: Valves in gas/vapor
comply with the provisions of 40 CFR
revising paragraph (e)(2)(ii) and adding service and in light liquid service. part 65, subpart F, to satisfy the
paragraph (e)(6) to read as follows: 60.482–8a Standards: Pumps, valves, and requirements of §§ 60.482–1a through
connectors in heavy liquid service and 60.487a for an affected facility. When
§ 60.486 Recordkeeping requirements. pressure relief devices in light liquid or choosing to comply with 40 CFR part
* * * * * heavy liquid service. 65, subpart F, the requirements of
(e) * * * 60.482–9a Standards: Delay of repair. §§ 60.485a(d), (e), and (f), and 60.486a(i)
(2) * * * 60.482–10a Standards: Closed vent systems and (j) still apply. Other provisions
(ii) The designation of equipment as and control devices.
60.482–11a Standards: Connectors in gas/
applying to an owner or operator who
subject to the requirements of § 60.482– chooses to comply with 40 CFR part 65
2(e), § 60.482–3(i), or § 60.482–7(f) shall vapor service and in light liquid service.
60.483–1a Alternative standards for are provided in 40 CFR 65.1.
be signed by the owner or operator. valves—allowable percentage of valves (ii) Part 60, subpart A. Owners or
Alternatively, the owner or operator leaking. operators who choose to comply with 40
may establish a mechanism with their 60.483–2a Alternative standards for CFR part 65, subpart F must also
permitting authority that satisfies this valves—skip period leak detection and comply with §§ 60.1, 60.2, 60.5, 60.6,
requirement. repair. 60.7(a)(1) and (4), 60.14, 60.15, and
* * * * * 60.484a Equivalence of means of emission
limitation.
60.16 for that equipment. All sections
(6) A list of identification numbers for and paragraphs of subpart A of this part
60.485a Test methods and procedures.
equipment that the owner or operator 60.486a Recordkeeping requirements. that are not mentioned in this paragraph
designates as operating in VOC service 60.487a Reporting requirements. (e)(1)(ii) do not apply to owners or
less than 300 hr/yr in accordance with 60.488a Reconstruction. operators of equipment subject to this
§ 60.482–1(e), a description of the 60.489a List of chemicals produced by subpart complying with 40 CFR part 65,
conditions under which the equipment affected facilities. subpart F, except that provisions
is in VOC service, and rationale required to be met prior to
§ 60.480a Applicability and designation of
supporting the designation that it is in affected facility. implementing 40 CFR part 65 still
VOC service less than 300 hr/yr. apply. Owners and operators who
(a)(1) The provisions of this subpart
* * * * * apply to affected facilities in the choose to comply with 40 CFR part 65,
■ 19. Section 60.487 is amended by: synthetic organic chemicals subpart F, must comply with 40 CFR
■ a. Revising paragraphs (c)(2)(i), manufacturing industry. part 65, subpart A.
(c)(2)(iii), and (c)(2)(iv) to read as (2) The group of all equipment (2) Part 63, subpart H. (i) Owners or
follows: (defined in § 60.481a) within a process operators may choose to comply with
unit is an affected facility. the provisions of 40 CFR part 63,
§ 60.487 Reporting requirements. subpart H, to satisfy the requirements of
(b) Any affected facility under
* * * * * paragraph (a) of this section that §§ 60.482–1a through 60.487a for an
(c) * * * commences construction, affected facility. When choosing to
(2) * * * reconstruction, or modification after comply with 40 CFR part 63, subpart H,
(i) Number of valves for which leaks the requirements of § 60.485a(d), (e),
November 7, 2006, shall be subject to
were detected as described in § 60.482– and (f), and § 60.486a(i) and (j) still
the requirements of this subpart.
7(b) or § 60.483–2, (c) Addition or replacement of apply.
* * * * * equipment for the purpose of process (ii) Part 60, subpart A. Owners or
(iii) Number of pumps for which leaks improvement which is accomplished operators who choose to comply with 40
were detected as described in § 60.482– without a capital expenditure shall not CFR part 63, subpart H must also
2(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii), by itself be considered a modification comply with §§ 60.1, 60.2, 60.5, 60.6,
(iv) Number of pumps for which leaks
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under this subpart. 60.7(a)(1) and (4), 60.14, 60.15, and


were not repaired as required in (d)(1) If an owner or operator applies 60.16 for that equipment. All sections
§ 60.482–2(c)(1) and (d)(6), for one or more of the exemptions in and paragraphs of subpart A of this part
* * * * * this paragraph, then the owner or that are not mentioned in this paragraph
■ 20. Part 60 is amended by adding operator shall maintain records as (e)(2)(ii) do not apply to owners or
subpart VVa to read as follows: required in § 60.486a(i). operators of equipment subject to this

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subpart complying with 40 CFR part 63, Connector means flanged, screwed, or that meets the conditions specified in
subpart H, except that provisions other joined fittings used to connect two § 60.485a(e).
required to be met prior to pipe lines or a pipe line and a piece of In-situ sampling systems means
implementing 40 CFR part 63 still process equipment or that close an nonextractive samplers or in-line
apply. Owners and operators who opening in a pipe that could be samplers.
choose to comply with 40 CFR part 63, connected to another pipe. Joined In vacuum service means that
subpart H, must comply with 40 CFR fittings welded completely around the equipment is operating at an internal
part 63, subpart A. circumference of the interface are not pressure which is at least 5 kilopascals
considered connectors for the purpose (kPa) (0.7 psia) below ambient pressure.
§ 60.481a Definitions. In VOC service means that the piece
of this regulation.
As used in this subpart, all terms not Control device means an enclosed of equipment contains or contacts a
defined herein shall have the meaning combustion device, vapor recovery process fluid that is at least 10 percent
given them in the Clean Air Act (CAA) system, or flare. VOC by weight. (The provisions of
or in subpart A of part 60, and the Distance piece means an open or § 60.485a(d) specify how to determine
following terms shall have the specific enclosed casing through which the that a piece of equipment is not in VOC
meanings given them. piston rod travels, separating the service.)
Capital expenditure means, in compressor cylinder from the crankcase. Initial calibration value means the
addition to the definition in 40 CFR Double block and bleed system means concentration measured during the
60.2, an expenditure for a physical or two block valves connected in series initial calibration at the beginning of
operational change to an existing facility with a bleed valve or line that can vent each day required in § 60.485a(b)(1), or
that: the line between the two block valves. the most recent calibration if the
(a) Exceeds P, the product of the instrument is recalibrated during the
Duct work means a conveyance
facility’s replacement cost, R, and an day (i.e., the calibration is adjusted)
system such as those commonly used
adjusted annual asset guideline repair after a calibration drift assessment.
for heating and ventilation systems. It is
allowance, A, as reflected by the Liquids dripping means any visible
often made of sheet metal and often has
following equation: P = R × A, where: leakage from the seal including
(1) The adjusted annual asset sections connected by screws or
spraying, misting, clouding, and ice
guideline repair allowance, A, is the crimping. Hard-piping is not ductwork.
formation.
product of the percent of the Equipment means each pump, Open-ended valve or line means any
replacement cost, Y, and the applicable compressor, pressure relief device, valve, except safety relief valves, having
basic annual asset guideline repair sampling connection system, open- one side of the valve seat in contact
allowance, B, divided by 100 as ended valve or line, valve, and flange or with process fluid and one side open to
reflected by the following equation: other connector in VOC service and any the atmosphere, either directly or
A = Y × (B ÷ 100); devices or systems required by this through open piping.
(2) The percent Y is determined from subpart. Pressure release means the emission
the following equation: Y = 1.0 ¥ 0.575 First attempt at repair means to take of materials resulting from system
log X, where X is 2006 minus the year action for the purpose of stopping or pressure being greater than set pressure
of construction; and reducing leakage of organic material to of the pressure relief device.
(3) The applicable basic annual asset the atmosphere using best practices. Process improvement means routine
guideline repair allowance, B, is Fuel gas means gases that are changes made for safety and
selected from the following table combusted to derive useful work or occupational health requirements, for
consistent with the applicable subpart: heat. energy savings, for better utility, for ease
Fuel gas system means the offsite and of maintenance and operation, for
TABLE FOR DETERMINING APPLICABLE onsite piping and flow and pressure correction of design deficiencies, for
VALUE FOR B control system that gathers gaseous bottleneck removal, for changing
stream(s) generated by onsite product requirements, or for
Value of B to operations, may blend them with other environmental control.
Subpart applicable to facility be used in sources of gas, and transports the Process unit means the components
equation gaseous stream for use as fuel gas in assembled and connected by pipes or
VVa ....................................... 12.5 combustion devices or in-process ducts to process raw materials and to
GGGa ................................... 7.0 combustion equipment, such as produce, as intermediate or final
furnaces and gas turbines, either singly products, one or more of the chemicals
Closed-loop system means an or in combination. listed in § 60.489. A process unit can
enclosed system that returns process Hard-piping means pipe or tubing that operate independently if supplied with
fluid to the process. is manufactured and properly installed sufficient feed or raw materials and
Closed-purge system means a system using good engineering judgment and sufficient storage facilities for the
or combination of systems and portable standards such as ASME B31.3, Process product. For the purpose of this subpart,
containers to capture purged liquids. Piping (available from the American process unit includes any feed,
Containers for purged liquids must be Society of Mechanical Engineers, P.O. intermediate and final product storage
covered or closed when not being filled Box 2300, Fairfield, NJ 07007–2300). vessels (except as specified in § 60.482–
or emptied. In gas/vapor service means that the 1a(g)), product transfer racks, and
Closed vent system means a system piece of equipment contains process connected ducts and piping. A process
that is not open to the atmosphere and fluid that is in the gaseous state at unit includes all equipment as defined
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that is composed of hard-piping, operating conditions. in this subpart.


ductwork, connections, and, if In heavy liquid service means that the Process unit shutdown means a work
necessary, flow-inducing devices that piece of equipment is not in gas/vapor practice or operational procedure that
transport gas or vapor from a piece or service or in light liquid service. stops production from a process unit or
pieces of equipment to a control device In light liquid service means that the part of a process unit during which it is
or back to a process. piece of equipment contains a liquid technically feasible to clear process

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material from a process unit or part of considered a sampling connection 3a, 60.482–5a, 60.482–6a, 60.482–7a,
a process unit consistent with safety system. 60.482–8a, and 60.482–10a as provided
constraints and during which repairs Sensor means a device that measures in § 60.484a.
can be accomplished. The following are a physical quantity or the change in a (2) If the Administrator makes a
not considered process unit shutdowns: physical quantity such as temperature, determination that a means of emission
(1) An unscheduled work practice or pressure, flow rate, pH, or liquid level. limitation is at least equivalent to the
operational procedure that stops Storage vessel means a tank or other requirements of §§ 60.482–2a, 60.482–
production from a process unit or part vessel that is used to store organic 3a, 60.482–5a, 60.482–6a, 60.482–7a,
of a process unit for less than 24 hours. liquids that are used in the process as 60.482–8a, or 60.482–10a, an owner or
(2) An unscheduled work practice or raw material feedstocks, produced as operator shall comply with the
operational procedure that would stop intermediates or final products, or requirements of that determination.
production from a process unit or part generated as wastes. Storage vessel does
of a process unit for a shorter period of (d) Equipment that is in vacuum
not include vessels permanently
time than would be required to clear the service is excluded from the
attached to motor vehicles, such as
process unit or part of the process unit requirements of §§ 60.482–2a through
trucks, railcars, barges or ships.
of materials and start up the unit, and Synthetic organic chemicals 60.482–10a if it is identified as required
would result in greater emissions than manufacturing industry means the in § 60.486a(e)(5).
delay of repair of leaking components industry that produces, as intermediates (e) Equipment that an owner or
until the next scheduled process unit or final products, one or more of the operator designates as being in VOC
shutdown. chemicals listed in § 60.489. service less than 300 hr/yr is excluded
(3) The use of spare equipment and Transfer rack means the collection of from the requirements of §§ 60.482–2a
technically feasible bypassing of loading arms and loading hoses, at a through 60.482–11a if it is identified as
equipment without stopping single loading rack, that are used to fill required in § 60.486a(e)(6) and it meets
production. tank trucks and/or railcars with organic any of the conditions specified in
Quarter means a 3-month period; the liquids. paragraphs (e)(1) through (3) of this
first quarter concludes on the last day of Volatile organic compounds or VOC section.
the last full month during the 180 days means, for the purposes of this subpart, (1) The equipment is in VOC service
following initial startup. any reactive organic compounds as only during startup and shutdown,
Repaired means that equipment is defined in § 60.2 Definitions. excluding startup and shutdown
adjusted, or otherwise altered, in order between batches of the same campaign
to eliminate a leak as defined in the § 60.482–1a Standards: General.
for a batch process.
applicable sections of this subpart and, (a) Each owner or operator subject to
(2) The equipment is in VOC service
except for leaks identified in accordance the provisions of this subpart shall
only during process malfunctions or
with §§ 60.482–2a(b)(2)(ii) and (d)(6)(ii) demonstrate compliance with the
other emergencies.
and (d)(6)(iii), 60.482–3a(f), and 60.482– requirements of §§ 60.482–1a through
10a(f)(1)(ii), is re-monitored as specified 60.482–10a or § 60.480a(e) for all (3) The equipment is backup
in § 60.485a(b) to verify that emissions equipment within 180 days of initial equipment that is in VOC service only
from the equipment are below the startup. when the primary equipment is out of
applicable leak definition. (b) Compliance with §§ 60.482–1a to service.
Replacement cost means the capital 60.482–10a will be determined by (f)(1) If a dedicated batch process unit
needed to purchase all the depreciable review of records and reports, review of operates less than 365 days during a
components in a facility. performance test results, and inspection year, an owner or operator may monitor
Sampling connection system means using the methods and procedures to detect leaks from pumps, valves, and
an assembly of equipment within a specified in § 60.485a. open-ended valves or lines at the
process unit used during periods of (c)(1) An owner or operator may frequency specified in the following
representative operation to take samples request a determination of equivalence table instead of monitoring as specified
of the process fluid. Equipment used to of a means of emission limitation to the in §§ 60.482–2a, 60.482–7a, and
take nonroutine grab samples is not requirements of §§ 60.482–2a, 60.482– 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 monitoring at specific intervals and can defined in paragraphs (f)(3)(i) through
among two or more batch process units be adjusted to accommodate process (iv) of this section.
that are subject to this subpart may be operations. An owner or operator may (i) When monitoring is conducted
monitored at the frequencies specified monitor at any time during the specified quarterly, monitoring events must be
in paragraph (f)(1) of this section, monitoring period (e.g., month, quarter, separated by at least 30 calendar days.
mstockstill on PROD1PC66 with RULES3

provided the operating time of all such year), provided the monitoring is (ii) When monitoring is conducted
process units is considered. conducted at a reasonable interval after semiannually (i.e., once every 2
quarters), monitoring events must be
(3) The monitoring frequencies completion of the last monitoring
separated by at least 60 calendar days.
specified in paragraph (f)(1) of this campaign. Reasonable intervals are (iii) When monitoring is conducted in
section are not requirements for 3 quarters per year, monitoring events

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must be separated by at least 90 inspection and the instrument reading (ii) If there are indications of liquids
calendar days. was less than the concentration dripping from the pump seal at the time
(iv) When monitoring is conducted specified in paragraph (b)(1)(i) or (ii) of of the weekly inspection, the owner or
annually, monitoring events must be this section, whichever is applicable. operator shall follow the procedure
separated by at least 120 calendar days. (i) Monitor the pump within 5 days as specified in either paragraph
(g) If the storage vessel is shared with specified in § 60.485a(b). A leak is (d)(4)(ii)(A) or (B) of this section prior
multiple process units, the process unit detected if the instrument reading to the next required inspection.
with the greatest annual amount of measured during monitoring indicates a (A) Monitor the pump within 5 days
stored materials (predominant use) is leak as specified in paragraph (b)(1)(i) or as specified in § 60.485a(b) to determine
the process unit the storage vessel is (ii) of this section, whichever is if there is a leak of VOC in the barrier
assigned to. If the storage vessel is applicable. The leak shall be repaired fluid. If an instrument reading of 2,000
shared equally among process units, and using the procedures in paragraph (c) of ppm or greater is measured, a leak is
one of the process units has equipment this section. detected.
subject to this subpart, the storage vessel (ii) Designate the visual indications of (B) Designate the visual indications of
is assigned to that process unit. If the liquids dripping as a leak, and repair the liquids dripping as a leak.
storage vessel is shared equally among leak using either the procedures in (5)(i) Each sensor as described in
process units, none of which have paragraph (c) of this section or by paragraph (d)(3) is checked daily or is
equipment subject to this subpart of this eliminating the visual indications of equipped with an audible alarm.
part, the storage vessel is assigned to liquids dripping. (ii) The owner or operator determines,
any process unit subject to subpart VV (c)(1) When a leak is detected, it shall based on design considerations and
of this part. If the predominant use of be repaired as soon as practicable, but operating experience, a criterion that
the storage vessel varies from year to not later than 15 calendar days after it indicates failure of the seal system, the
year, then the owner or operator must is detected, except as provided in barrier fluid system, or both.
estimate the predominant use initially § 60.482–9a. (iii) If the sensor indicates failure of
and reassess every 3 years. The owner (2) A first attempt at repair shall be the seal system, the barrier fluid system,
or operator must keep records of the made no later than 5 calendar days after or both, based on the criterion
information and supporting calculations each leak is detected. First attempts at established in paragraph (d)(5)(ii) of this
that show how predominant use is repair include, but are not limited to, section, a leak is detected.
determined. All equipment on the (6)(i) When a leak is detected
the practices described in paragraphs
storage vessel must be monitored when pursuant to paragraph (d)(4)(ii)(A) of
(c)(2)(i) and (ii) of this section, where
in VOC service. this section, it shall be repaired as
practicable.
specified in paragraph (c) of this
§ 60.482–2a Standards: Pumps in light (i) Tightening the packing gland nuts;
section.
liquid service. (ii) Ensuring that the seal flush is (ii) A leak detected pursuant to
(a)(1) Each pump in light liquid operating at design pressure and paragraph (d)(5)(iii) of this section shall
service shall be monitored monthly to temperature. be repaired within 15 days of detection
detect leaks by the methods specified in (d) Each pump equipped with a dual by eliminating the conditions that
§ 60.485a(b), except as provided in mechanical seal system that includes a activated the sensor.
§ 60.482–1a(c) and (f) and paragraphs barrier fluid system is exempt from the (iii) A designated leak pursuant to
(d), (e), and (f) of this section. A pump requirements of paragraph (a) of this paragraph (d)(4)(ii)(B) of this section
that begins operation in light liquid section, provided the requirements shall be repaired within 15 days of
service after the initial startup date for specified in paragraphs (d)(1) through detection by eliminating visual
the process unit must be monitored for (6) of this section are met. indications of liquids dripping.
the first time within 30 days after the (1) Each dual mechanical seal system (e) Any pump that is designated, as
end of its startup period, except for a is: described in § 60.486a(e)(1) and (2), for
pump that replaces a leaking pump and (i) Operated with the barrier fluid at no detectable emissions, as indicated by
except as provided in § 60.482–1a(c) a pressure that is at all times greater an instrument reading of less than 500
and paragraphs (d), (e), and (f) of this than the pump stuffing box pressure; or ppm above background, is exempt from
section. (ii) Equipped with a barrier fluid the requirements of paragraphs (a), (c),
(2) Each pump in light liquid service degassing reservoir that is routed to a and (d) of this section if the pump:
shall be checked by visual inspection process or fuel gas system or connected (1) Has no externally actuated shaft
each calendar week for indications of by a closed vent system to a control penetrating the pump housing;
liquids dripping from the pump seal, device that complies with the (2) Is demonstrated to be operating
except as provided in § 60.482–1a(f). requirements of § 60.482–10a; or with no detectable emissions as
(b)(1) The instrument reading that (iii) Equipped with a system that indicated by an instrument reading of
defines a leak is specified in paragraphs purges the barrier fluid into a process less than 500 ppm above background as
(b)(1)(i) and (ii) of this section. stream with zero VOC emissions to the measured by the methods specified in
(i) 5,000 parts per million (ppm) or atmosphere. § 60.485a(c); and
greater for pumps handling (2) The barrier fluid system is in (3) Is tested for compliance with
polymerizing monomers; heavy liquid service or is not in VOC paragraph (e)(2) of this section initially
(ii) 2,000 ppm or greater for all other service. upon designation, annually, and at other
pumps. (3) Each barrier fluid system is times requested by the Administrator.
(2) If there are indications of liquids equipped with a sensor that will detect (f) If any pump is equipped with a
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dripping from the pump seal, the owner failure of the seal system, the barrier closed vent system capable of capturing
or operator shall follow the procedure fluid system, or both. and transporting any leakage from the
specified in either paragraph (b)(2)(i) or (4)(i) Each pump is checked by visual seal or seals to a process or to a fuel gas
(ii) of this section. This requirement inspection, each calendar week, for system or to a control device that
does not apply to a pump that was indications of liquids dripping from the complies with the requirements of
monitored after a previous weekly pump seals. § 60.482–10a, it is exempt from

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paragraphs (a) through (e) of this checked daily or shall be equipped with instrument reading of less than 500 ppm
section. an audible alarm. above background, as determined by the
(g) Any pump that is designated, as (2) The owner or operator shall methods specified in § 60.485a(c).
described in § 60.486a(f)(1), as an determine, based on design (b)(1) After each pressure release, the
unsafe-to-monitor pump is exempt from considerations and operating pressure relief device shall be returned
the monitoring and inspection experience, a criterion that indicates to a condition of no detectable
requirements of paragraphs (a) and failure of the seal system, the barrier emissions, as indicated by an
(d)(4) through (6) of this section if: fluid system, or both. instrument reading of less than 500 ppm
(1) The owner or operator of the pump (f) If the sensor indicates failure of the above background, as soon as
demonstrates that the pump is unsafe- seal system, the barrier system, or both practicable, but no later than 5 calendar
to-monitor because monitoring based on the criterion determined under days after the pressure release, except as
personnel would be exposed to an paragraph (e)(2) of this section, a leak is provided in § 60.482–9a.
immediate danger as a consequence of detected. (2) No later than 5 calendar days after
complying with paragraph (a) of this (g)(1) When a leak is detected, it shall the pressure release, the pressure relief
section; and be repaired as soon as practicable, but device shall be monitored to confirm the
(2) The owner or operator of the pump not later than 15 calendar days after it conditions of no detectable emissions,
has a written plan that requires is detected, except as provided in as indicated by an instrument reading of
monitoring of the pump as frequently as § 60.482–9a. less than 500 ppm above background, by
practicable during safe-to-monitor (2) A first attempt at repair shall be the methods specified in § 60.485a(c).
times, but not more frequently than the made no later than 5 calendar days after (c) Any pressure relief device that is
periodic monitoring schedule otherwise each leak is detected. routed to a process or fuel gas system or
applicable, and repair of the equipment (h) A compressor is exempt from the equipped with a closed vent system
according to the procedures in requirements of paragraphs (a) and (b) of capable of capturing and transporting
paragraph (c) of this section if a leak is this section, if it is equipped with a leakage through the pressure relief
detected. closed vent system to capture and device to a control device as described
(h) Any pump that is located within transport leakage from the compressor in § 60.482–10a is exempted from the
the boundary of an unmanned plant site drive shaft back to a process or fuel gas requirements of paragraphs (a) and (b) of
is exempt from the weekly visual system or to a control device that this section.
inspection requirement of paragraphs complies with the requirements of (d)(1) Any pressure relief device that
(a)(2) and (d)(4) of this section, and the § 60.482–10a, except as provided in is equipped with a rupture disk
daily requirements of paragraph (d)(5) of paragraph (i) of this section. upstream of the pressure relief device is
this section, provided that each pump is (i) Any compressor that is designated,
exempt from the requirements of
visually inspected as often as as described in § 60.486a(e)(1) and (2),
paragraphs (a) and (b) of this section,
practicable and at least monthly. for no detectable emissions, as indicated
provided the owner or operator
by an instrument reading of less than
§ 60.482–3a Standards: Compressors. complies with the requirements in
500 ppm above background, is exempt
(a) Each compressor shall be equipped paragraph (d)(2) of this section.
from the requirements of paragraphs (a)
with a seal system that includes a (2) After each pressure release, a new
through (h) of this section if the
barrier fluid system and that prevents rupture disk shall be installed upstream
compressor:
leakage of VOC to the atmosphere, (1) Is demonstrated to be operating of the pressure relief device as soon as
except as provided in § 60.482–1a(c) with no detectable emissions, as practicable, but no later than 5 calendar
and paragraphs (h), (i), and (j) of this indicated by an instrument reading of days after each pressure release, except
section. less than 500 ppm above background, as as provided in § 60.482–9a.
(b) Each compressor seal system as measured by the methods specified in § 60.482–5a Standards: Sampling
required in paragraph (a) of this section § 60.485a(c); and connection systems.
shall be: (2) Is tested for compliance with (a) Each sampling connection system
(1) Operated with the barrier fluid at paragraph (i)(1) of this section initially shall be equipped with a closed-purge,
a pressure that is greater than the upon designation, annually, and at other closed-loop, or closed-vent system,
compressor stuffing box pressure; or times requested by the Administrator.
(2) Equipped with a barrier fluid except as provided in § 60.482–1a(c)
(j) Any existing reciprocating and paragraph (c) of this section.
system degassing reservoir that is routed compressor in a process unit which
to a process or fuel gas system or (b) Each closed-purge, closed-loop, or
becomes an affected facility under
connected by a closed vent system to a closed-vent system as required in
provisions of § 60.14 or § 60.15 is
control device that complies with the paragraph (a) of this section shall
exempt from paragraphs (a) through (e)
requirements of § 60.482–10a; or comply with the requirements specified
and (h) of this section, provided the
(3) Equipped with a system that in paragraphs (b)(1) through (4) of this
owner or operator demonstrates that
purges the barrier fluid into a process section.
recasting the distance piece or replacing
stream with zero VOC emissions to the (1) Gases displaced during filling of
the compressor are the only options
atmosphere. the sample container are not required to
available to bring the compressor into
(c) The barrier fluid system shall be in be collected or captured.
compliance with the provisions of
heavy liquid service or shall not be in paragraphs (a) through (e) and (h) of this (2) Containers that are part of a
VOC service. section. closed-purge system must be covered or
(d) Each barrier fluid system as closed when not being filled or emptied.
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described in paragraph (a) shall be § 60.482–4a Standards: Pressure relief (3) Gases remaining in the tubing or
equipped with a sensor that will detect devices in gas/vapor service. piping between the closed-purge system
failure of the seal system, barrier fluid (a) Except during pressure releases, valve(s) and sample container valve(s)
system, or both. each pressure relief device in gas/vapor after the valves are closed and the
(e)(1) Each sensor as required in service shall be operated with no sample container is disconnected are
paragraph (d) of this section shall be detectable emissions, as indicated by an not required to be collected or captured.

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(4) Each closed-purge, closed-loop, or (c) When a double block-and-bleed every quarter, beginning with the next
closed-vent system shall be designed system is being used, the bleed valve or quarter, until a leak is detected.
and operated to meet requirements in line may remain open during operations (ii) As an alternative to monitoring all
either paragraph (b)(4)(i), (ii), (iii), or that require venting the line between the of the valves in the first month of a
(iv) of this section. block valves but shall comply with quarter, an owner or operator may elect
(i) Return the purged process fluid paragraph (a) of this section at all other to subdivide the process unit into two
directly to the process line. times. or three subgroups of valves and
(ii) Collect and recycle the purged (d) Open-ended valves or lines in an monitor each subgroup in a different
process fluid to a process. emergency shutdown system which are month during the quarter, provided
(iii) Capture and transport all the designed to open automatically in the each subgroup is monitored every 3
purged process fluid to a control device event of a process upset are exempt months. The owner or operator must
that complies with the requirements of from the requirements of paragraphs (a), keep records of the valves assigned to
§ 60.482–10a. (b), and (c) of this section. each subgroup.
(iv) Collect, store, and transport the (e) Open-ended valves or lines (2) If a leak is detected, the valve shall
purged process fluid to any of the containing materials which would be monitored monthly until a leak is not
following systems or facilities: autocatalytically polymerize or would detected for 2 successive months.
(A) A waste management unit as present an explosion, serious (d)(1) When a leak is detected, it shall
defined in 40 CFR 63.111, if the waste overpressure, or other safety hazard if be repaired as soon as practicable, but
management unit is subject to and capped or equipped with a double block no later than 15 calendar days after the
operated in compliance with the and bleed system as specified in leak is detected, except as provided in
provisions of 40 CFR part 63, subpart G, paragraphs (a) through (c) of this section § 60.482–9a.
applicable to Group 1 wastewater are exempt from the requirements of (2) A first attempt at repair shall be
streams; paragraphs (a) through (c) of this made no later than 5 calendar days after
(B) A treatment, storage, or disposal section. each leak is detected.
facility subject to regulation under 40 (e) First attempts at repair include,
CFR part 262, 264, 265, or 266; § 60.482–7a Standards: Valves in gas/ but are not limited to, the following best
(C) A facility permitted, licensed, or vapor service and in light liquid service. practices where practicable:
registered by a state to manage (a)(1) Each valve shall be monitored (1) Tightening of bonnet bolts;
municipal or industrial solid waste, if monthly to detect leaks by the methods (2) Replacement of bonnet bolts;
the process fluids are not hazardous specified in § 60.485a(b) and shall (3) Tightening of packing gland nuts;
waste as defined in 40 CFR part 261; comply with paragraphs (b) through (e) (4) Injection of lubricant into
(D) A waste management unit subject of this section, except as provided in lubricated packing.
to and operated in compliance with the paragraphs (f), (g), and (h) of this (f) Any valve that is designated, as
treatment requirements of 40 CFR section, § 60.482–1a(c) and (f), and described in § 60.486a(e)(2), for no
61.348(a), provided all waste §§ 60.483–1a and 60.483–2a. detectable emissions, as indicated by an
management units that collect, store, or (2) A valve that begins operation in instrument reading of less than 500 ppm
transport the purged process fluid to the gas/vapor service or light liquid service above background, is exempt from the
treatment unit are subject to and after the initial startup date for the requirements of paragraph (a) of this
operated in compliance with the process unit must be monitored section if the valve:
management requirements of 40 CFR according to paragraphs (a)(2)(i) or (ii), (1) Has no external actuating
61.343 through 40 CFR 61.347; or except for a valve that replaces a leaking mechanism in contact with the process
(E) A device used to burn off- valve and except as provided in fluid,
specification used oil for energy paragraphs (f), (g), and (h) of this (2) Is operated with emissions less
recovery in accordance with 40 CFR section, § 60.482–1a(c), and §§ 60.483– than 500 ppm above background as
part 279, subpart G, provided the 1a and 60.483–2a. determined by the method specified in
purged process fluid is not hazardous (i) Monitor the valve as in paragraph § 60.485a(c), and
waste as defined in 40 CFR part 261. (a)(1) of this section. The valve must be (3) Is tested for compliance with
(c) In-situ sampling systems and monitored for the first time within 30 paragraph (f)(2) of this section initially
sampling systems without purges are days after the end of its startup period upon designation, annually, and at other
exempt from the requirements of to ensure proper installation. times requested by the Administrator.
paragraphs (a) and (b) of this section. (ii) If the existing valves in the (g) Any valve that is designated, as
process unit are monitored in described in § 60.486a(f)(1), as an
§ 60.482–6a Standards: Open-ended accordance with § 60.483–1a or unsafe-to-monitor valve is exempt from
valves or lines. § 60.483–2a, count the new valve as the requirements of paragraph (a) of this
(a)(1) Each open-ended valve or line leaking when calculating the percentage section if:
shall be equipped with a cap, blind of valves leaking as described in (1) The owner or operator of the valve
flange, plug, or a second valve, except § 60.483–2a(b)(5). If less than 2.0 demonstrates that the valve is unsafe to
as provided in § 60.482–1a(c) and percent of the valves are leaking for that monitor because monitoring personnel
paragraphs (d) and (e) of this section. process unit, the valve must be would be exposed to an immediate
(2) The cap, blind flange, plug, or monitored for the first time during the danger as a consequence of complying
second valve shall seal the open end at next scheduled monitoring event for with paragraph (a) of this section, and
all times except during operations existing valves in the process unit or (2) The owner or operator of the valve
requiring process fluid flow through the within 90 days, whichever comes first. adheres to a written plan that requires
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open-ended valve or line. (b) If an instrument reading of 500 monitoring of the valve as frequently as
(b) Each open-ended valve or line ppm or greater is measured, a leak is practicable during safe-to-monitor
equipped with a second valve shall be detected. times.
operated in a manner such that the (c)(1)(i) Any valve for which a leak is (h) Any valve that is designated, as
valve on the process fluid end is closed not detected for 2 successive months described in § 60.486a(f)(2), as a
before the second valve is closed. may be monitored the first month of difficult-to-monitor valve is exempt

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from the requirements of paragraph (a) within 15 days after startup of the dry basis, corrected to 3 percent oxygen,
of this section if: process unit. whichever is less stringent or to provide
(1) The owner or operator of the valve (b) Delay of repair of equipment will a minimum residence time of 0.75
demonstrates that the valve cannot be be allowed for equipment which is seconds at a minimum temperature of
monitored without elevating the isolated from the process and which 816 °C.
monitoring personnel more than 2 does not remain in VOC service. (d) Flares used to comply with this
meters above a support surface. (c) Delay of repair for valves and subpart shall comply with the
(2) The process unit within which the connectors will be allowed if: requirements of § 60.18.
valve is located either: (1) The owner or operator (e) Owners or operators of control
(i) Becomes an affected facility demonstrates that emissions of purged devices used to comply with the
through § 60.14 or § 60.15 and was material resulting from immediate provisions of this subpart shall monitor
constructed on or before January 5, repair are greater than the fugitive these control devices to ensure that they
1981; or emissions likely to result from delay of are operated and maintained in
(ii) Has less than 3.0 percent of its repair, and conformance with their designs.
total number of valves designated as (2) When repair procedures are (f) Except as provided in paragraphs
difficult-to-monitor by the owner or effected, the purged material is collected (i) through (k) of this section, each
operator. and destroyed or recovered in a control closed vent system shall be inspected
(3) The owner or operator of the valve device complying with § 60.482–10a. according to the procedures and
follows a written plan that requires (d) Delay of repair for pumps will be schedule specified in paragraphs (f)(1)
monitoring of the valve at least once per allowed if: and (2) of this section.
calendar year. (1) Repair requires the use of a dual (1) If the vapor collection system or
mechanical seal system that includes a closed vent system is constructed of
§ 60.482–8a Standards: Pumps, valves, barrier fluid system, and
and connectors in heavy liquid service and hard-piping, the owner or operator shall
(2) Repair is completed as soon as comply with the requirements specified
pressure relief devices in light liquid or practicable, but not later than 6 months
heavy liquid service. in paragraphs (f)(1)(i) and (ii) of this
after the leak was detected. section:
(a) If evidence of a potential leak is (e) Delay of repair beyond a process
found by visual, audible, olfactory, or (i) Conduct an initial inspection
unit shutdown will be allowed for a according to the procedures in
any other detection method at pumps, valve, if valve assembly replacement is
valves, and connectors in heavy liquid § 60.485a(b); and
necessary during the process unit
service and pressure relief devices in (ii) Conduct annual visual inspections
shutdown, valve assembly supplies
light liquid or heavy liquid service, the for visible, audible, or olfactory
have been depleted, and valve assembly
owner or operator shall follow either indications of leaks.
supplies had been sufficiently stocked
one of the following procedures: (2) If the vapor collection system or
before the supplies were depleted. Delay
(1) The owner or operator shall closed vent system is constructed of
of repair beyond the next process unit
monitor the equipment within 5 days by ductwork, the owner or operator shall:
shutdown will not be allowed unless
the method specified in § 60.485a(b) and (i) Conduct an initial inspection
the next process unit shutdown occurs
shall comply with the requirements of according to the procedures in
sooner than 6 months after the first
paragraphs (b) through (d) of this § 60.485a(b); and
process unit shutdown.
section. (ii) Conduct annual inspections
(f) When delay of repair is allowed for
(2) The owner or operator shall according to the procedures in
a leaking pump, valve, or connector that
eliminate the visual, audible, olfactory, § 60.485a(b).
remains in service, the pump, valve, or
or other indication of a potential leak (g) Leaks, as indicated by an
connector may be considered to be
within 5 calendar days of detection. instrument reading greater than 500
repaired and no longer subject to delay
(b) If an instrument reading of 10,000 ppmv above background or by visual
of repair requirements if two
ppm or greater is measured, a leak is inspections, shall be repaired as soon as
consecutive monthly monitoring
detected. practicable except as provided in
instrument readings are below the leak
(c)(1) When a leak is detected, it shall paragraph (h) of this section.
definition.
be repaired as soon as practicable, but (1) A first attempt at repair shall be
not later than 15 calendar days after it § 60.482–10a Standards: Closed vent made no later than 5 calendar days after
is detected, except as provided in systems and control devices. the leak is detected.
§ 60.482–9a. (a) Owners or operators of closed vent (2) Repair shall be completed no later
(2) The first attempt at repair shall be systems and control devices used to than 15 calendar days after the leak is
made no later than 5 calendar days after comply with provisions of this subpart detected.
each leak is detected. shall comply with the provisions of this (h) Delay of repair of a closed vent
(d) First attempts at repair include, section. system for which leaks have been
but are not limited to, the best practices (b) Vapor recovery systems (for detected is allowed if the repair is
described under §§ 60.482–2a(c)(2) and example, condensers and absorbers) technically infeasible without a process
60.482–7a(e). shall be designed and operated to unit shutdown or if the owner or
recover the VOC emissions vented to operator determines that emissions
§ 60.482–9a Standards: Delay of repair. them with an efficiency of 95 percent or resulting from immediate repair would
(a) Delay of repair of equipment for greater, or to an exit concentration of 20 be greater than the fugitive emissions
which leaks have been detected will be parts per million by volume (ppmv), likely to result from delay of repair.
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allowed if repair within 15 days is whichever is less stringent. Repair of such equipment shall be
technically infeasible without a process (c) Enclosed combustion devices shall complete by the end of the next process
unit shutdown. Repair of this be designed and operated to reduce the unit shutdown.
equipment shall occur before the end of VOC emissions vented to them with an (i) If a vapor collection system or
the next process unit shutdown. efficiency of 95 percent or greater, or to closed vent system is operated under a
Monitoring to verify repair must occur an exit concentration of 20 ppmv, on a vacuum, it is exempt from the

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inspection requirements of paragraphs which no leaks are detected, a record (i) If the percent leaking connectors in
(f)(1)(i) and (f)(2) of this section. that the inspection was performed, the the process unit was greater than or
(j) Any parts of the closed vent system date of the inspection, and a statement equal to 0.5 percent, then monitor
that are designated, as described in that no leaks were detected. within 12 months (1 year).
paragraph (l)(1) of this section, as unsafe (5) For each visual inspection (ii) If the percent leaking connectors
to inspect are exempt from the conducted in accordance with in the process unit was greater than or
inspection requirements of paragraphs paragraph (f)(1)(ii) of this section during equal to 0.25 percent but less than 0.5
(f)(1)(i) and (f)(2) of this section if they which no leaks are detected, a record percent, then monitor within 4 years.
comply with the requirements specified that the inspection was performed, the An owner or operator may comply with
in paragraphs (j)(1) and (2) of this date of the inspection, and a statement the requirements of this paragraph by
section: that no leaks were detected. monitoring at least 40 percent of the
(1) The owner or operator determines (m) Closed vent systems and control connectors within 2 years of the start of
that the equipment is unsafe to inspect devices used to comply with provisions the monitoring period, provided all
because inspecting personnel would be of this subpart shall be operated at all connectors have been monitored by the
exposed to an imminent or potential times when emissions may be vented to end of the 4-year monitoring period.
danger as a consequence of complying them. (iii) If the percent leaking connectors
with paragraphs (f)(1)(i) or (f)(2) of this in the process unit was less than 0.25
§ 60.482–11a Standards: Connectors in percent, then monitor as provided in
section; and
gas/vapor service and in light liquid service. paragraph (b)(3)(iii)(A) of this section
(2) The owner or operator has a
written plan that requires inspection of (a) The owner or operator shall and either paragraph (b)(3)(iii)(B) or
the equipment as frequently as initially monitor all connectors in the (b)(3)(iii)(C) of this section, as
practicable during safe-to-inspect times. process unit for leaks by the later of appropriate.
(k) Any parts of the closed vent either 12 months after the compliance (A) An owner or operator shall
system that are designated, as described date or 12 months after initial startup. monitor at least 50 percent of the
in paragraph (l)(2) of this section, as If all connectors in the process unit have connectors within 4 years of the start of
difficult to inspect are exempt from the been monitored for leaks prior to the the monitoring period.
inspection requirements of paragraphs compliance date, no initial monitoring (B) If the percent of leaking
(f)(1)(i) and (f)(2) of this section if they is required provided either no process connectors calculated from the
comply with the requirements specified changes have been made since the monitoring results in paragraph
in paragraphs (k)(1) through (3) of this monitoring or the owner or operator can (b)(3)(iii)(A) of this section is greater
section: determine that the results of the than or equal to 0.35 percent of the
(1) The owner or operator determines monitoring, with or without monitored connectors, the owner or
that the equipment cannot be inspected adjustments, reliably demonstrate operator shall monitor as soon as
without elevating the inspecting compliance despite process changes. If practical, but within the next 6 months,
personnel more than 2 meters above a required to monitor because of a process all connectors that have not yet been
support surface; and change, the owner or operator is monitored during the monitoring
(2) The process unit within which the required to monitor only those period. At the conclusion of monitoring,
closed vent system is located becomes connectors involved in the process a new monitoring period shall be started
an affected facility through §§ 60.14 or change. pursuant to paragraph (b)(3) of this
60.15, or the owner or operator (b) Except as allowed in § 60.482– section, based on the percent of leaking
designates less than 3.0 percent of the 1a(c), § 60.482–10a, or as specified in connectors within the total monitored
total number of closed vent system paragraph (e) of this section, the owner connectors.
equipment as difficult to inspect; and or operator shall monitor all connectors (C) If the percent of leaking
(3) The owner or operator has a in gas and vapor and light liquid service connectors calculated from the
written plan that requires inspection of as specified in paragraphs (a) and (b)(3) monitoring results in paragraph
the equipment at least once every 5 of this section. (b)(3)(iii)(A) of this section is less than
years. A closed vent system is exempt (1) The connectors shall be monitored 0.35 percent of the monitored
from inspection if it is operated under to detect leaks by the method specified connectors, the owner or operator shall
a vacuum. in § 60.485a(b) and, as applicable, monitor all connectors that have not yet
(l) The owner or operator shall record § 60.485a(c). been monitored within 8 years of the
the information specified in paragraphs (2) If an instrument reading greater start of the monitoring period.
(l)(1) through (5) of this section. than or equal to 500 ppm is measured, (iv) If, during the monitoring
(1) Identification of all parts of the a leak is detected. conducted pursuant to paragraphs
closed vent system that are designated (3) The owner or operator shall (b)(3)(i) through (iii) of this section, a
as unsafe to inspect, an explanation of perform monitoring, subsequent to the connector is found to be leaking, it shall
why the equipment is unsafe to inspect, initial monitoring required in paragraph be re-monitored once within 90 days
and the plan for inspecting the (a) of this section, as specified in after repair to confirm that it is not
equipment. paragraphs (b)(3)(i) through (iii) of this leaking.
(2) Identification of all parts of the section, and shall comply with the (v) The owner or operator shall keep
closed vent system that are designated requirements of paragraphs (b)(3)(iv) a record of the start date and end date
as difficult to inspect, an explanation of and (v) of this section. The required of each monitoring period under this
why the equipment is difficult to period in which monitoring must be section for each process unit.
inspect, and the plan for inspecting the conducted shall be determined from (c) For use in determining the
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equipment. paragraphs (b)(3)(i) through (iii) of this monitoring frequency, as specified in


(3) For each inspection during which section using the monitoring results paragraphs (a) and (b)(3) of this section,
a leak is detected, a record of the from the preceding monitoring period. the percent leaking connectors as used
information specified in § 60.486a(c). The percent leaking connectors shall be in paragraphs (a) and (b)(3) of this
(4) For each inspection conducted in calculated as specified in paragraph (c) section shall be calculated by using the
accordance with § 60.485a(b) during of this section. following equation:

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%CL = CL / Ct * 100 connectors up to 7.6 meters (25 feet) week by the methods specified in
Where: above the ground; § 60.485a(b).
%CL = Percent of leaking connectors as
(v) Inaccessible because it would (2) If an instrument reading of 500
determined through periodic monitoring require elevating the monitoring ppm or greater is measured, a leak is
required in paragraphs (a) and (b)(3)(i) personnel more than 2 meters (7 feet) detected.
through (iii) of this section. above a permanent support surface or (3) The leak percentage shall be
CL = Number of connectors measured at 500 would require the erection of scaffold; determined by dividing the number of
ppm or greater, by the method specified or valves for which leaks are detected by
in § 60.485a(b). (vi) Not able to be accessed at any the number of valves in gas/vapor and
Ct = Total number of monitored connectors time in a safe manner to perform light liquid service within the affected
in the process unit or affected facility. monitoring. Unsafe access includes, but facility.
(d) When a leak is detected pursuant is not limited to, the use of a wheeled (d) Owners and operators who elect to
to paragraphs (a) and (b) of this section, scissor-lift on unstable or uneven comply with this alternative standard
it shall be repaired as soon as terrain, the use of a motorized man-lift shall not have an affected facility with
practicable, but not later than 15 basket in areas where an ignition a leak percentage greater than 2.0
calendar days after it is detected, except potential exists, or access would require percent, determined as described in
as provided in § 60.482–9a. A first near proximity to hazards such as § 60.485a(h).
attempt at repair as defined in this electrical lines, or would risk damage to
subpart shall be made no later than 5 equipment. § 60.483–2a Alternative standards for
calendar days after the leak is detected. (2) If any inaccessible, ceramic, or valves—skip period leak detection and
ceramic-lined connector is observed by repair.
(e) Any connector that is designated,
as described in § 60.486a(f)(1), as an visual, audible, olfactory, or other (a)(1) An owner or operator may elect
unsafe-to-monitor connector is exempt means to be leaking, the visual, audible, to comply with one of the alternative
from the requirements of paragraphs (a) olfactory, or other indications of a leak work practices specified in paragraphs
and (b) of this section if: to the atmosphere shall be eliminated as (b)(2) and (3) of this section.
(1) The owner or operator of the soon as practical. (2) An owner or operator must notify
connector demonstrates that the (g) Except for instrumentation systems the Administrator before implementing
connector is unsafe-to-monitor because and inaccessible, ceramic, or ceramic- one of the alternative work practices, as
monitoring personnel would be exposed lined connectors meeting the provisions specified in § 60.487(d)a.
to an immediate danger as a of paragraph (f) of this section, identify (b)(1) An owner or operator shall
consequence of complying with the connectors subject to the comply initially with the requirements
paragraphs (a) and (b) of this section; requirements of this subpart. Connectors for valves in gas/vapor service and
and need not be individually identified if all valves in light liquid service, as
(2) The owner or operator of the connectors in a designated area or described in § 60.482–7a.
connector has a written plan that length of pipe subject to the provisions (2) After 2 consecutive quarterly leak
requires monitoring of the connector as of this subpart are identified as a group, detection periods with the percent of
frequently as practicable during safe-to- and the number of connectors subject is valves leaking equal to or less than 2.0,
monitor times but not more frequently indicated. an owner or operator may begin to skip
than the periodic monitoring schedule 1 of the quarterly leak detection periods
§ 60.483–1a Alternative standards for
otherwise applicable, and repair of the valves—allowable percentage of valves for the valves in gas/vapor and light
equipment according to the procedures leaking. liquid service.
in paragraph (d) of this section if a leak (a) An owner or operator may elect to (3) After 5 consecutive quarterly leak
is detected. comply with an allowable percentage of detection periods with the percent of
(f) Inaccessible, ceramic, or ceramic- valves leaking of equal to or less than valves leaking equal to or less than 2.0,
lined connectors. (1) Any connector that 2.0 percent. an owner or operator may begin to skip
is inaccessible or that is ceramic or (b) The following requirements shall 3 of the quarterly leak detection periods
ceramic-lined (e.g., porcelain, glass, or be met if an owner or operator wishes for the valves in gas/vapor and light
glass-lined), is exempt from the to comply with an allowable percentage liquid service.
monitoring requirements of paragraphs of valves leaking: (4) If the percent of valves leaking is
(a) and (b) of this section, from the leak (1) An owner or operator must notify greater than 2.0, the owner or operator
repair requirements of paragraph (d) of the Administrator that the owner or shall comply with the requirements as
this section, and from the recordkeeping operator has elected to comply with the described in § 60.482–7a but can again
and reporting requirements of allowable percentage of valves leaking elect to use this section.
§§ 63.1038 and 63.1039. An inaccessible before implementing this alternative (5) The percent of valves leaking shall
connector is one that meets any of the standard, as specified in § 60.487a(d). be determined as described in
provisions specified in paragraphs (2) A performance test as specified in § 60.485a(h).
(f)(1)(i) through (vi) of this section, as paragraph (c) of this section shall be (6) An owner or operator must keep
applicable: conducted initially upon designation, a record of the percent of valves found
(i) Buried; annually, and at other times requested leaking during each leak detection
(ii) Insulated in a manner that by the Administrator. period.
prevents access to the connector by a (3) If a valve leak is detected, it shall (7) A valve that begins operation in
monitor probe; be repaired in accordance with gas/vapor service or light liquid service
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(iii) Obstructed by equipment or § 60.482–7a(d) and (e). after the initial startup date for a process
piping that prevents access to the (c) Performance tests shall be unit following one of the alternative
connector by a monitor probe; conducted in the following manner: standards in this section must be
(iv) Unable to be reached from a (1) All valves in gas/vapor and light monitored in accordance with § 60.482–
wheeled scissor-lift or hydraulic-type liquid service within the affected 7a(a)(2)(i) or (ii) before the provisions of
scaffold that would allow access to facility shall be monitored within 1 this section can be applied to that valve.

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§ 60.484a Equivalence of means of (6) The Administrator may condition 2,000 ppm greater than the leak
emission limitation. the approval of equivalence on definition concentration of the
(a) Each owner or operator subject to requirements that may be necessary to equipment monitored. If the monitoring
the provisions of this subpart may apply assure operation and maintenance to instrument’s design allows for multiple
to the Administrator for determination achieve the same emission reduction as calibration scales, then the lower scale
of equivalence for any means of the required work practice. shall be calibrated with a calibration gas
emission limitation that achieves a (d) An owner or operator may offer a that is no higher than 2,000 ppm above
reduction in emissions of VOC at least unique approach to demonstrate the the concentration specified as a leak,
equivalent to the reduction in emissions equivalence of any equivalent means of and the highest scale shall be calibrated
of VOC achieved by the controls emission limitation. with a calibration gas that is
required in this subpart. (e)(1) After a request for approximately equal to 10,000 ppm. If
(b) Determination of equivalence to determination of equivalence is only one scale on an instrument will be
the equipment, design, and operational received, the Administrator will publish used during monitoring, the owner or
requirements of this subpart will be a notice in the Federal Register and operator need not calibrate the scales
evaluated by the following guidelines: provide the opportunity for public that will not be used during that day’s
(1) Each owner or operator applying hearing if the Administrator judges that monitoring.
for an equivalence determination shall the request may be approved. (2) A calibration drift assessment shall
be responsible for collecting and (2) After notice and opportunity for be performed, at a minimum, at the end
verifying test data to demonstrate public hearing, the Administrator will of each monitoring day. Check the
equivalence of means of emission determine the equivalence of a means of instrument using the same calibration
limitation. emission limitation and will publish the gas(es) that were used to calibrate the
(2) The Administrator will compare determination in the Federal Register. instrument before use. Follow the
test data for demonstrating equivalence (3) Any equivalent means of emission procedures specified in Method 21 of
of the means of emission limitation to limitations approved under this section appendix A–7 of this part, Section 10.1,
test data for the equipment, design, and shall constitute a required work except do not adjust the meter readout
operational requirements. practice, equipment, design, or to correspond to the calibration gas
(3) The Administrator may condition operational standard within the value. Record the instrument reading for
the approval of equivalence on meaning of section 111(h)(1) of the each scale used as specified in
requirements that may be necessary to CAA. § 60.486a(e)(7). Calculate the average
assure operation and maintenance to (f)(1) Manufacturers of equipment algebraic difference between the three
achieve the same emission reduction as used to control equipment leaks of VOC meter readings and the most recent
the equipment, design, and operational may apply to the Administrator for calibration value. Divide this algebraic
requirements. determination of equivalence for any difference by the initial calibration
(c) Determination of equivalence to equivalent means of emission limitation value and multiply by 100 to express
the required work practices in this that achieves a reduction in emissions the calibration drift as a percentage. If
subpart will be evaluated by the of VOC achieved by the equipment, any calibration drift assessment shows a
following guidelines: design, and operational requirements of negative drift of more than 10 percent
(1) Each owner or operator applying this subpart. from the initial calibration value, then
for a determination of equivalence shall (2) The Administrator will make an all equipment monitored since the last
be responsible for collecting and equivalence determination according to calibration with instrument readings
verifying test data to demonstrate the provisions of paragraphs (b), (c), (d), below the appropriate leak definition
equivalence of an equivalent means of and (e) of this section. and above the leak definition multiplied
emission limitation. by (100 minus the percent of negative
(2) For each affected facility for which § 60.485a Test methods and procedures. drift/divided by 100) must be re-
a determination of equivalence is (a) In conducting the performance monitored. If any calibration drift
requested, the emission reduction tests required in § 60.8, the owner or assessment shows a positive drift of
achieved by the required work practice operator shall use as reference methods more than 10 percent from the initial
shall be demonstrated. and procedures the test methods in calibration value, then, at the owner/
(3) For each affected facility, for appendix A of this part or other operator’s discretion, all equipment
which a determination of equivalence is methods and procedures as specified in since the last calibration with
requested, the emission reduction this section, except as provided in instrument readings above the
achieved by the equivalent means of § 60.8(b). appropriate leak definition and below
emission limitation shall be (b) The owner or operator shall the leak definition multiplied by (100
demonstrated. determine compliance with the plus the percent of positive drift/
(4) Each owner or operator applying standards in §§ 60.482–1a through divided by 100) may be re-monitored.
for a determination of equivalence shall 60.482–11a, 60.483a, and 60.484a as (c) The owner or operator shall
commit in writing to work practice(s) follows: determine compliance with the no-
that provide for emission reductions (1) Method 21 shall be used to detectable-emission standards in
equal to or greater than the emission determine the presence of leaking §§ 60.482–2a(e), 60.482–3a(i), 60.482–
reductions achieved by the required sources. The instrument shall be 4a, 60.482–7a(f), and 60.482–10a(e) as
work practice. calibrated before use each day of its use follows:
(5) The Administrator will compare by the procedures specified in Method (1) The requirements of paragraph (b)
the demonstrated emission reduction for 21 of appendix A–7 of this part. The shall apply.
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the equivalent means of emission following calibration gases shall be (2) Method 21 of appendix A–7 of this
limitation to the demonstrated emission used: part shall be used to determine the
reduction for the required work (i) Zero air (less than 10 ppm of background level. All potential leak
practices and will consider the hydrocarbon in air); and interfaces shall be traversed as close to
commitment in paragraph (c)(4) of this (ii) A mixture of methane or n-hexane the interface as possible. The arithmetic
section. and air at a concentration no more than difference between the maximum

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concentration indicated by the monitor the presence of a pilot flame in (2) The total number of valves
instrument and the background level is the flare. monitored shall include difficult-to-
compared with 500 ppm for (3) The maximum permitted velocity monitor and unsafe-to-monitor valves
determining compliance. for air assisted flares shall be computed only during the monitoring period in
(d) The owner or operator shall test using the following equation: which those valves are monitored.
each piece of equipment unless he Vmax = K1 + K2HT (3) The number of valves leaking shall
demonstrates that a process unit is not include valves for which repair has been
Where:
in VOC service, i.e., that the VOC delayed.
Vmax = Maximum permitted velocity, m/sec (4) Any new valve that is not
content would never be reasonably (ft/sec).
expected to exceed 10 percent by HT = Net heating value of the gas being
monitored within 30 days of being
weight. For purposes of this combusted, MJ/scm (Btu/scf). placed in service shall be included in
demonstration, the following methods K1 = 8.706 m/sec (metric units) = 28.56 ft/sec the number of valves leaking and the
and procedures shall be used: (English units). total number of valves monitored for the
(1) Procedures that conform to the K2 = 0.7084 m4/(MJ-sec) (metric units) = monitoring period in which the valve is
general methods in ASTM E260–73, 91, 0.087 ft4/(Btu-sec) (English units). placed in service.
or 96, E168–67, 77, or 92, E169–63, 77, (4) The net heating value (HT) of the (5) If the process unit has been
or 93 (incorporated by reference—see gas being combusted in a flare shall be subdivided in accordance with
§ 60.17) shall be used to determine the computed using the following equation: § 60.482–7a(c)(1)(ii), the sum of valves
percent VOC content in the process found leaking during a monitoring
fluid that is contained in or contacts a period includes all subgroups.
n
(6) The total number of valves
piece of equipment. H T = K ∑ Ci H i monitored does not include a valve
(2) Organic compounds that are i =l
monitored to verify repair.
considered by the Administrator to have Where:
negligible photochemical reactivity may K = Conversion constant, 1.740 × 10¥7 (g- § 60.486a Recordkeeping requirements.
be excluded from the total quantity of mole)(MJ)/(ppm-scm-kcal) (metric units) (a)(1) Each owner or operator subject
organic compounds in determining the = 4.674 × 10¥6 [(g-mole)(Btu)/(ppm-scf- to the provisions of this subpart shall
VOC content of the process fluid. kcal)] (English units). comply with the recordkeeping
(3) Engineering judgment may be used Ci = Concentration of sample component ‘‘i,’’ requirements of this section.
to estimate the VOC content, if a piece ppm (2) An owner or operator of more than
of equipment had not been shown Hi = net heat of combustion of sample one affected facility subject to the
previously to be in service. If the component ‘‘i’’ at 25 °C and 760 mm Hg provisions of this subpart may comply
(77 °F and 14.7 psi), kcal/g-mole.
Administrator disagrees with the with the recordkeeping requirements for
judgment, paragraphs (d)(1) and (2) of (5) Method 18 of appendix A–6 of this these facilities in one recordkeeping
this section shall be used to resolve the part or ASTM D6420–99 (2004) (where system if the system identifies each
disagreement. the target compound(s) are those listed record by each facility.
(e) The owner or operator shall in Section 1.1 of ASTM D6420–99, and (3) The owner or operator shall record
demonstrate that a piece of equipment the target concentration is between 150 the information specified in paragraphs
is in light liquid service by showing that parts per billion by volume and 100 (a)(3)(i) through (v) of this section for
all the following conditions apply: ppmv) and ASTM D2504–67, 77, or 88 each monitoring event required by
(1) The vapor pressure of one or more (Reapproved 1993) (incorporated by §§ 60.482–2a, 60.482–3a, 60.482–7a,
of the organic components is greater reference-see § 60.17) shall be used to 60.482–8a, 60.482–11a, and 60.483–2a.
than 0.3 kPa at 20 °C (1.2 in. H2O at determine the concentration of sample (i) Monitoring instrument
68 °F). Standard reference texts or component ‘‘i.’’ identification.
ASTM D2879–83, 96, or 97 (6) ASTM D2382–76 or 88 or D4809– (ii) Operator identification.
(incorporated by reference—see § 60.17) 95 (incorporated by reference-see (iii) Equipment identification.
shall be used to determine the vapor § 60.17) shall be used to determine the (iv) Date of monitoring.
net heat of combustion of component (v) Instrument reading.
pressures. (b) When each leak is detected as
(2) The total concentration of the pure ‘‘i’’ if published values are not available
or cannot be calculated. specified in §§ 60.482–2a, 60.482–3a,
organic components having a vapor 60.482–7a, 60.482–8a, 60.482–11a, and
pressure greater than 0.3 kPa at 20 °C (7) Method 2, 2A, 2C, or 2D of
appendix A–7 of this part, as 60.483–2a, the following requirements
(1.2 in. H2O at 68 °F) is equal to or apply:
greater than 20 percent by weight. appropriate, shall be used to determine
the actual exit velocity of a flare. If (1) A weatherproof and readily visible
(3) The fluid is a liquid at operating identification, marked with the
conditions. needed, the unobstructed (free) cross-
sectional area of the flare tip shall be equipment identification number, shall
(f) Samples used in conjunction with be attached to the leaking equipment.
paragraphs (d), (e), and (g) of this used.
(h) The owner or operator shall (2) The identification on a valve may
section shall be representative of the be removed after it has been monitored
determine compliance with § 60.483–1a
process fluid that is contained in or for 2 successive months as specified in
or § 60.483–2a as follows:
contacts the equipment or the gas being (1) The percent of valves leaking shall § 60.482–7a(c) and no leak has been
combusted in the flare. be determined using the following detected during those 2 months.
(g) The owner or operator shall equation: (3) The identification on a connector
determine compliance with the may be removed after it has been
%VL = (VL / VT) * 100
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standards of flares as follows: monitored as specified in § 60.482–


(1) Method 22 of appendix A–7 of this Where: 11a(b)(3)(iv) and no leak has been
part shall be used to determine visible %VL = Percent leaking valves. detected during that monitoring.
emissions. VL = Number of valves found leaking. (4) The identification on equipment,
(2) A thermocouple or any other VT = The sum of the total number of valves except on a valve or connector, may be
ER16NO07.038</MATH>

equivalent device shall be used to monitored. removed after it has been repaired.

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(c) When each leak is detected as devices required in §§ 60.482–2a, (v) Results of each calibration drift
specified in §§ 60.482–2a, 60.482–3a, 60.482–3a, 60.482–4a, and 60.482–5a. assessment required by § 60.485a(b)(2)
60.482–7a, 60.482–8a, 60.482–11a, and (e) The following information (i.e., instrument reading for calibration
60.483–2a, the following information pertaining to all equipment subject to at end of monitoring day and the
shall be recorded in a log and shall be the requirements in §§ 60.482–1a to calculated percent difference from the
kept for 2 years in a readily accessible 60.482–11a shall be recorded in a log initial calibration value).
location: that is kept in a readily accessible (vi) If an owner or operator makes
(1) The instrument and operator location: their own calibration gas, a description
identification numbers and the (1) A list of identification numbers for of the procedure used.
equipment identification number, equipment subject to the requirements (9) The connector monitoring
except when indications of liquids of this subpart. schedule for each process unit as
dripping from a pump are designated as (2)(i) A list of identification numbers specified in § 60.482–11a(b)(3)(v).
a leak. for equipment that are designated for no (10) Records of each release from a
(2) The date the leak was detected and detectable emissions under the pressure relief device subject to
the dates of each attempt to repair the provisions of §§ 60.482–2a(e), 60.482– § 60.482–4a.
leak. 3a(i), and 60.482–7a(f). (f) The following information
(ii) The designation of equipment as pertaining to all valves subject to the
(3) Repair methods applied in each
subject to the requirements of § 60.482– requirements of § 60.482–7a(g) and (h),
attempt to repair the leak.
2a(e), § 60.482–3a(i), or § 60.482–7a(f) all pumps subject to the requirements of
(4) Maximum instrument reading shall be signed by the owner or
measured by Method 21 of appendix A– § 60.482–2a(g), and all connectors
operator. Alternatively, the owner or subject to the requirements of § 60.482–
7 of this part at the time the leak is operator may establish a mechanism
successfully repaired or determined to 11a(e) shall be recorded in a log that is
with their permitting authority that kept in a readily accessible location:
be nonrepairable, except when a pump satisfies this requirement.
is repaired by eliminating indications of (1) A list of identification numbers for
(3) A list of equipment identification valves, pumps, and connectors that are
liquids dripping. numbers for pressure relief devices
(5) ‘‘Repair delayed’’ and the reason designated as unsafe-to-monitor, an
required to comply with § 60.482–4a. explanation for each valve, pump, or
for the delay if a leak is not repaired (4)(i) The dates of each compliance
within 15 calendar days after discovery connector stating why the valve, pump,
test as required in §§ 60.482–2a(e), or connector is unsafe-to-monitor, and
of the leak. 60.482–3a(i), 60.482–4a, and 60.482–
(6) The signature of the owner or the plan for monitoring each valve,
7a(f).
operator (or designate) whose decision it pump, or connector.
(ii) The background level measured
was that repair could not be effected (2) A list of identification numbers for
during each compliance test.
without a process shutdown. (iii) The maximum instrument valves that are designated as difficult-to-
(7) The expected date of successful reading measured at the equipment monitor, an explanation for each valve
repair of the leak if a leak is not repaired during each compliance test. stating why the valve is difficult-to-
within 15 days. (5) A list of identification numbers for monitor, and the schedule for
(8) Dates of process unit shutdowns equipment in vacuum service. monitoring each valve.
(6) A list of identification numbers for (g) The following information shall be
that occur while the equipment is
equipment that the owner or operator recorded for valves complying with
unrepaired.
designates as operating in VOC service § 60.483–2a:
(9) The date of successful repair of the
less than 300 hr/yr in accordance with (1) A schedule of monitoring.
leak. (2) The percent of valves found
(d) The following information § 60.482–1a(e), a description of the
conditions under which the equipment leaking during each monitoring period.
pertaining to the design requirements (h) The following information shall be
for closed vent systems and control is in VOC service, and rationale
supporting the designation that it is in recorded in a log that is kept in a readily
devices described in § 60.482–10a shall accessible location:
be recorded and kept in a readily VOC service less than 300 hr/yr.
(7) The date and results of the weekly (1) Design criterion required in
accessible location: §§ 60.482–2a(d)(5) and 60.482–3a(e)(2)
(1) Detailed schematics, design visual inspection for indications of
liquids dripping from pumps in light and explanation of the design criterion;
specifications, and piping and and
instrumentation diagrams. liquid service.
(8) Records of the information (2) Any changes to this criterion and
(2) The dates and descriptions of any the reasons for the changes.
specified in paragraphs (e)(8)(i) through
changes in the design specifications. (i) The following information shall be
(vi) of this section for monitoring
(3) A description of the parameter or instrument calibrations conducted recorded in a log that is kept in a readily
parameters monitored, as required in according to sections 8.1.2 and 10 of accessible location for use in
§ 60.482–10a(e), to ensure that control Method 21 of appendix A–7 of this part determining exemptions as provided in
devices are operated and maintained in and § 60.485a(b). § 60.480a(d):
conformance with their design and an (i) Date of calibration and initials of (1) An analysis demonstrating the
explanation of why that parameter (or operator performing the calibration. design capacity of the affected facility,
parameters) was selected for the (ii) Calibration gas cylinder (2) A statement listing the feed or raw
monitoring. identification, certification date, and materials and products from the affected
(4) Periods when the closed vent certified concentration. facilities and an analysis demonstrating
systems and control devices required in (iii) Instrument scale(s) used. whether these chemicals are heavy
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§§ 60.482–2a, 60.482–3a, 60.482–4a, and (iv) A description of any corrective liquids or beverage alcohol, and
60.482–5a are not operated as designed, action taken if the meter readout could (3) An analysis demonstrating that
including periods when a flare pilot not be adjusted to correspond to the equipment is not in VOC service.
light does not have a flame. calibration gas value in accordance with (j) Information and data used to
(5) Dates of startups and shutdowns of section 10.1 of Method 21 of appendix demonstrate that a piece of equipment
the closed vent systems and control A–7 of this part. is not in VOC service shall be recorded

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in a log that is kept in a readily process unit shutdown was technically program of component replacement or
accessible location. infeasible. that an owner or operator has entered
(k) The provisions of § 60.7(b) and (d) (3) Dates of process unit shutdowns into a contractual obligation to
do not apply to affected facilities subject which occurred within the semiannual undertake and complete, within a
to this subpart. reporting period. reasonable time, a continuous program
(4) Revisions to items reported of component replacement.
§ 60.487a Reporting requirements. according to paragraph (b) of this
(a) Each owner or operator subject to section if changes have occurred since § 60.489a List of chemicals produced by
the provisions of this subpart shall the initial report or subsequent revisions affected facilities.
submit semiannual reports to the to the initial report. Process units that produce, as
Administrator beginning 6 months after (d) An owner or operator electing to intermediates or final products,
the initial startup date. comply with the provisions of chemicals listed in § 60.489 are covered
(b) The initial semiannual report to §§ 60.483–1a or 60.483–2a shall notify under this subpart. The applicability
the Administrator shall include the the Administrator of the alternative date for process units producing one or
following information: standard selected 90 days before more of these chemicals is November 8,
(1) Process unit identification. implementing either of the provisions. 2006.
(2) Number of valves subject to the (e) An owner or operator shall report
requirements of § 60.482–7a, excluding the results of all performance tests in Subpart GGG—Standards of
those valves designated for no accordance with § 60.8 of the General Performance for Equipment Leaks of
detectable emissions under the Provisions. The provisions of § 60.8(d) VOC in Petroleum Refineries for which
provisions of § 60.482–7a(f). do not apply to affected facilities subject Construction, Reconstruction, or
(3) Number of pumps subject to the to the provisions of this subpart except Modification Commenced After
requirements of § 60.482–2a, excluding that an owner or operator must notify January 4, 1983, and on or Before
those pumps designated for no the Administrator of the schedule for November 7, 2006
detectable emissions under the the initial performance tests at least 30
provisions of § 60.482–2a(e) and those days before the initial performance tests. ■ 21. The heading for Subpart GGG is
pumps complying with § 60.482–2a(f). (f) The requirements of paragraphs (a) revised as set out above.
(4) Number of compressors subject to through (c) of this section remain in ■ 22. Section 60.590 is amended by
the requirements of § 60.482–3a, force until and unless EPA, in revising paragraphs (b) and (d) to read
excluding those compressors designated delegating enforcement authority to a as follows:
for no detectable emissions under the state under section 111(c) of the CAA,
provisions of § 60.482–3a(i) and those approves reporting requirements or an § 60.590 Applicability and designation of
affected facility.
compressors complying with § 60.482– alternative means of compliance
3a(h). surveillance adopted by such state. In * * * * *
(5) Number of connectors subject to that event, affected sources within the (b) Any affected facility under
the requirements of § 60.482–11a. state will be relieved of the obligation to paragraph (a) of this section that
(c) All semiannual reports to the comply with the requirements of commences construction,
Administrator shall include the paragraphs (a) through (c) of this reconstruction, or modification after
following information, summarized section, provided that they comply with January 4, 1983, and on or before
from the information in § 60.486a: the requirements established by the November 7, 2006, is subject to the
(1) Process unit identification. state. requirements of this subpart.
(2) For each month during the * * * * *
semiannual reporting period, § 60.488a Reconstruction.
(d) Facilities subject to subpart VV,
(i) Number of valves for which leaks For the purposes of this subpart: subpart VVa, or subpart KKK of this part
were detected as described in § 60.482– (a) The cost of the following are excluded from this subpart.
7a(b) or § 60.483–2a, frequently replaced components of the
facility shall not be considered in * * * * *
(ii) Number of valves for which leaks
were not repaired as required in calculating either the ‘‘fixed capital cost ■ 23. Section 60.591 is amended by
§ 60.482–7a(d)(1), of the new components’’ or the ‘‘fixed adding a definition of ‘‘Asphalt’’ in
(iii) Number of pumps for which leaks capital costs that would be required to alphabetical order and revising the
were detected as described in § 60.482– construct a comparable new facility’’ definition of ‘‘Process unit’’ to read as
2a(b), (d)(4)(ii)(A) or (B), or (d)(5)(iii), under § 60.15: Pump seals, nuts and follows:
(iv) Number of pumps for which leaks bolts, rupture disks, and packings.
§ 60.591 Definitions.
were not repaired as required in (b) Under § 60.15, the ‘‘fixed capital
§ 60.482–2a(c)(1) and (d)(6), cost of new components’’ includes the * * * * *
(v) Number of compressors for which fixed capital cost of all depreciable Asphalt (also known as Bitumen) is a
leaks were detected as described in components (except components black or dark brown solid or semi-solid
§ 60.482–3a(f), specified in § 60.488a(a)) which are or thermo-plastic material possessing
(vi) Number of compressors for which will be replaced pursuant to all waterproofing and adhesive properties.
leaks were not repaired as required in continuous programs of component It is a complex combination of higher
§ 60.482–3a(g)(1), replacement which are commenced molecular weight organic compounds
(vii) Number of connectors for which within any 2-year period following the containing a relatively high proportion
leaks were detected as described in applicability date for the appropriate of hydrocarbons having carbon numbers
greater than C25 with a high carbon to
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§ 60.482–11a(b) subpart. (See the ‘‘Applicability and


(viii) Number of connectors for which designation of affected facility’’ section hydrogen ratio. It is essentially non-
leaks were not repaired as required in of the appropriate subpart.) For volatile at ambient temperatures with
§ 60.482–11a(d), and purposes of this paragraph, closed cup flash point of 445 °F (230 °C)
(xi) The facts that explain each delay ‘‘commenced’’ means that an owner or or greater.
of repair and, where appropriate, why a operator has undertaken a continuous * * * * *

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Process unit means the components greater than 10 percent at 150 °C as waterproofing and adhesive properties.
assembled and connected by pipes or determined by ASTM Method D86–78, It is a complex combination of higher
ducts to process raw materials and to 82, 90, 95, or 96 (incorporated by molecular weight organic compounds
produce intermediate or final products reference as specified in § 60.17). containing a relatively high proportion
from petroleum, unfinished petroleum * * * * * of hydrocarbons having carbon numbers
derivatives, or other intermediates. A (f) Open-ended valves or lines greater than C25 with a high carbon to
process unit can operate independently containing asphalt as defined in hydrogen ratio. It is essentially non-
if supplied with sufficient feed or raw § 60.591 are exempt from the volatile at ambient temperatures with
materials and sufficient storage facilities requirements of § 60.482–6(a) through closed cup flash point of 445 ° F (230
for the product. For the purpose of this (c). ° C) or greater.
subpart, process unit includes any feed, ■ 26. Part 60 is amended by adding Equipment means each valve, pump,
intermediate and final product storage subpart GGGa to read as follows: pressure relief device, sampling
vessels (except as specified in § 60.482– connection system, open-ended valve or
1(g)), product transfer racks, and Subpart GGGa—Standards of line, and flange or other connector in
connected ducts and piping. A process Performance for Equipment Leaks of VOC service. For the purposes of
unit includes all equipment as defined VOC in Petroleum Refineries for which recordkeeping and reporting only,
in this subpart. Construction, Reconstruction, or compressors are considered equipment.
■ 24. Section 60.592 is amended by Modification Commenced After In hydrogen service means that a
revising paragraph (b) to read as follows: November 7, 2006 compressor contains a process fluid that
meets the conditions specified in
§ 60.592 Standards. Sec. § 60.593a(b).
* * * * * 60.590a Applicability and designation of In light liquid service means that the
affected facility. piece of equipment contains a liquid
(b) For a given process unit, an owner 60.591a Definitions.
or operator may elect to comply with that meets the conditions specified in
60.592a Standards.
the requirements of paragraphs (b)(1), 60.593a Exceptions. § 60.593a(c).
(2), or (3) of this section as an Petroleum means the crude oil
alternative to the requirements in § 60.590a Applicability and designation of removed from the earth and the oils
§ 60.482–7. affected facility. derived from tar sands, shale, and coal.
(1) Comply with § 60.483–1. (a)(1) The provisions of this subpart Petroleum refinery means any facility
(2) Comply with § 60.483–2. apply to affected facilities in petroleum engaged in producing gasoline,
(3) Comply with the Phase III refineries. kerosene, distillate fuel oils, residual
provisions in 40 CFR 63.168, except an (2) A compressor is an affected fuel oils, lubricants, or other products
owner or operator may elect to follow facility. through the distillation of petroleum, or
the provisions in § 60.482–7(f) instead (3) The group of all the equipment through the redistillation, cracking, or
of 40 CFR 63.168 for any valve that is (defined in § 60.591a) within a process reforming of unfinished petroleum
designated as being leakless. unit is an affected facility. derivatives.
(b) Any affected facility under Process unit means the components
* * * * *
paragraph (a) of this section that assembled and connected by pipes or
■ 25. Section 60.593 is amended by:
commences construction, ducts to process raw materials and to
■ a. Revising the first sentence of
reconstruction, or modification after produce intermediate or final products
paragraph (b)(2); November 7, 2006, is subject to the from petroleum, unfinished petroleum
■ b. Revising paragraphs (c) and (d); and
requirements of this subpart. derivatives, or other intermediates. A
■ c. Adding paragraph (f) to read as
(c) Addition or replacement of process unit can operate independently
follows: equipment (defined in § 60.591a) for the if supplied with sufficient feed or raw
§ 60.593 Exceptions. purpose of process improvement which materials and sufficient storage facilities
* * * * * is accomplished without a capital for the product. For the purpose of this
(b) * * * expenditure shall not by itself be subpart, process unit includes any feed,
(2) Each compressor is presumed not considered a modification under this intermediate and final product storage
to be in hydrogen service unless an subpart. vessels (except as specified in § 60.482–
(d) Facilities subject to subpart VV, 1a(g)), product transfer racks, and
owner or operator demonstrates that the
subpart VVa, subpart GGG, or subpart connected ducts and piping. A process
piece of equipment is in hydrogen
KKK of this part are excluded from this unit includes all equipment as defined
service. * * *
subpart. in this subpart.
* * * * *
(c) Any existing reciprocating § 60.591a Definitions. § 60.592a Standards.
compressor that becomes an affected As used in this subpart, all terms not (a) Each owner or operator subject to
facility under provisions of § 60.14 or defined herein shall have the meaning the provisions of this subpart shall
§ 60.15 is exempt from § 60.482–3(a), given them in the Clean Air Act, in comply with the requirements of
(b), (c), (d), (e), and (h) provided the subpart A of part 60, or in subpart VVa §§ 60.482–1a to 60.482–10a as soon as
owner or operator demonstrates that of this part, and the following terms practicable, but no later than 180 days
recasting the distance piece or replacing shall have the specific meanings given after initial startup.
the compressor are the only options them. (b) For a given process unit, an owner
available to bring the compressor into Alaskan North Slope means the or operator may elect to comply with
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compliance with the provisions of approximately 69,000 square mile area the requirements of paragraphs (b)(1),
§ 60.482–3(a), (b), (c), (d), (e), and (h). extending from the Brooks Range to the (2), or (3) of this section as an
(d) An owner or operator may use the Arctic Ocean. alternative to the requirements in
following provision in addition to Asphalt (also known as Bitumen) is a § 60.482–7a.
§ 60.485(e): Equipment is in light liquid black or dark brown solid or semi-solid (1) Comply with § 60.483–1a.
service if the percent evaporated is thermo-plastic material possessing (2) Comply with § 60.483–2a.

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Federal Register / Vol. 72, No. 221 / Friday, November 16, 2007 / Rules and Regulations 64897

(3) Comply with the Phase III the percent hydrogen content in the (e) Pumps in light liquid service and
provisions in § 63.168, except an owner process fluid that is contained in or valves in gas/vapor and light liquid
or operator may elect to follow the contacts a compressor, procedures that service within a process unit that is
provisions in § 60.482–7a(f) instead of conform to the general method located in the Alaskan North Slope are
§ 63.168 for any valve that is designated described in ASTM E260–73, 91, or 96, exempt from the requirements of
as being leakless. E168–67, 77, or 92, or E169–63, 77, or §§ 60.482–2a and 60.482–7a.
(c) An owner or operator may apply 93 (incorporated by reference as (f) Open-ended valves or lines
to the Administrator for a determination specified in § 60.17) shall be used. containing asphalt as defined in
of equivalency for any means of (3)(i) An owner or operator may use § 60.591a are exempt from the
emission limitation that achieves a engineering judgment rather than requirements of § 60.482–6a(a) through
reduction in emissions of VOC at least procedures in paragraph (b)(2) of this (c).
equivalent to the reduction in emissions section to demonstrate that the percent (g) Connectors in gas/vapor or light
of VOC achieved by the controls content exceeds 50 percent by volume, liquid service are exempt from the
required in this subpart. In doing so, the provided the engineering judgment requirements in § 60.482–11a, provided
owner or operator shall comply with demonstrates that the content clearly the owner or operator complies with
requirements of § 60.484a. exceeds 50 percent by volume. When an § 60.482–8a for all connectors, not just
(d) Each owner or operator subject to owner or operator and the those in heavy liquid service.
the provisions of this subpart shall Administrator do not agree on whether
comply with the provisions of § 60.485a a piece of equipment is in hydrogen PART 63—[AMENDED]
except as provided in § 60.593a. service, however, the procedures in
(e) Each owner or operator subject to paragraph (b)(2) of this section shall be ■ 27. The authority citation for part 63
the provisions of this subpart shall used to resolve the disagreement. continues to read as follows:
comply with the provisions of (ii) If an owner or operator determines Authority: 42 U.S.C. 7401, et seq.
§§ 60.486a and 60.487a. that a piece of equipment is in hydrogen
service, the determination can be Subpart A—[Amended]
§ 60.593a Exceptions. revised only after following the
(a) Each owner or operator subject to procedures in paragraph (b)(2). ■ 28. Section 63.14 is amended by
the provisions of this subpart may (c) Any existing reciprocating revising paragraph (b)(28) to read as
comply with the following exceptions to compressor that becomes an affected follows:
the provisions of subpart VVa of this facility under provisions of § 60.14 or § 63.14 Incorporations by reference.
part. § 60.15 is exempt from § 60.482–3a(a),
* * * * *
(b)(1) Compressors in hydrogen (b), (c), (d), (e), and (h) provided the
service are exempt from the (b) * * *
owner or operator demonstrates that
requirements of § 60.592a if an owner or recasting the distance piece or replacing (28) ASTM D6420–99 (Reapproved
operator demonstrates that a compressor the compressor are the only options 2004), Standards Test Method for
is in hydrogen service. available to bring the compressor into Determination of Gaseous Organic
(2) Each compressor is presumed not compliance with the provisions of Compounds by Direct Interface Gas
to be in hydrogen service unless an § 60.482–3a(a), (b), (c), (d), (e), and (h). Chromatography-Mass Spectometry, IBR
owner or operator demonstrates that the (d) An owner or operator may use the approved for §§ 60.485(g)(5),
piece of equipment is in hydrogen following provision in addition to 60.485a(g)(5), 63.772(a)(1)(ii),
service. For a piece of equipment to be § 60.485a(e): Equipment is in light 63.2354(b)(3)(i), 63.2354(b)(3)(ii),
considered in hydrogen service, it must liquid service if the percent evaporated 63.2354(b)(3)(ii)(A), and
be determined that the percent is greater than 10 percent at 150 °C as 63.2351(b)(3)(ii)(B).
hydrogen content can be reasonably determined by ASTM Method D86–78, * * * * *
expected always to exceed 50 percent by 82, 90, 93, 95, or 96 (incorporated by [FR Doc. E7–21814 Filed 11–15–07; 8:45 am]
volume. For purposes of determining reference as specified in § 60.17). BILLING CODE 6560–50–P
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