ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[AD-FRL-5463-1]
RIN 2060-AD94
National Emission Standards for Hazardous Air Pollutants:
Petroleum Refineries; Correction
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; correcting amendments.
SUMMARY: This action corrects errors and clarifies
regulatory text of the "National Emission Standards for
Hazardous Air Pollutants: Petroleum Refineries," which was
issued as a final rule on August 18, 1995.
EFFECTIVE DATE: June 12, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste
and Chemical Processes Group, Emission Standards Division
(MD-13), U.S. Environmental Protection Agency, Research
Triangle Park, North Carolina, 27711, telephone number
(919) 541-5672.
SUPPLEMENTARY INFORMATION: On August 18, 1995
(60 FR 43244), the Environmental Protection Agency (EPA)
promulgated in the Federal Register national emission
standards for hazardous air pollutants (NESHAP) for
petroleum refineries. These regulations were promulgated as
subpart CC of 40 CFR part 63. The same notice amended
standards of performance in 40 CFR part 60, subpart VV.
This document contains corrections to typographical and
cross referencing errors in these subparts. A few editorial
clarifications are also being made to clarify the intent of
certain provisions and correct inconsistencies between
different sections of the rule.
I. Description of Clarifying Changes
A. Compliance Dates
The compliance dates in 63.640(h) are being clarified
to remove an inconsistency regarding the compliance date for
marine tank vessels. Section 63.640(h) stated that
refineries have 3 years to comply with the NESHAP unless a
case-by-case 1-year extension is granted. However, 63.651
cross references the marine tank vessel loading rule
[40 CFR 63, subpart Y (September 19, 1995; FR 43388)] which
allows 4 years to comply without requiring a case-by-case
extension. Therefore, it was unclear in the rule published
on August 18, whether a compliance extension is required to
allow marine tank vessel loading operations at refineries
4 years to comply. The intent was to be consistent with
subpart Y, unless marine tank vessels are used to generate
credit in an emissions average. Paragraph (h)(3) is being
added to 63.640 to make it clear that marine tank vessel
loading operations have 4 years to comply. However, if
marine tank vessels loading is used to generate credits for
an emissions average, compliance must be achieved in 3 years
unless a case-by-case extension is granted by the regulatory
authority as provided in 63.6(i) of subpart A (the NESHAP
general provisions). Because the other emission points at a
refinery included in such an emissions average are required
to comply within 3 years of promulgation, the emissions
average would not balance if the marine tank vessel loading
was not controlled by the third year. However, regulatory
authorities have the discretion to allow an extension of up
to 1 year for full implementation of the emissions average.
This decision is best made on a site-specific basis.
A clarification is also being made to the wording of
63.640(h)(4) which allows Group 1 storage vessels with
floating roofs to comply at the next degassing and cleaning
activity or within 10 years after promulgation of the rule,
whichever is first. The clarification will insert the
phrase "after August 18, 1998" after the words "cleaning
activity". As explained in the promulgation preamble, the
intent of this provision was to allow an extension of up to
10 years for floating roof storage vessels to achieve full
compliance, not to require compliance prior to the 3-year
compliance time allowed for all other emission points at
refineries. As originally worded, this paragraph could have
been misinterpreted as requiring storage vessels that were
degassed prior to the August 18, 1998 compliance date to
come into compliance earlier than the rest of the refinery.
A clarification is also being made to 63.640(l)
regarding compliance times and reports for addition of
emission points to existing sources. This paragraph of the
promulgated rule is clear regarding addition of
miscellaneous process vents, storage vessels, gasoline
loading racks, and marine tank vessel loading operations,
but did not specifically address equipment leaks. Responses
to comments in section 9 (general monitoring, recordkeeping,
and reporting comments) of the background information
document for the promulgated rule (EPA 453/R-95-015b)
clarify that it was not intended that the addition of pumps,
valves, and other components to an existing source subject
to the equipment leaks standard trigger new source reporting
requirements. The amended paragraph clarifies that
equipment leak component additions remain subject to
existing source and not new source requirements.
Paragraph (m)(2) of 63.640 has also been reworded to
clarify the timing of a compliance schedule submittal for
existing sources when a Group 2 emission point becomes a
Group 1 emission point. The intended 180-day time period
for submitting the compliance schedule has not been changed,
but the intent of the previous wording "within 180 days
after the change is made or the information regarding the
change is known to the source" has been clarified by the
rewording.
B. Clarification of Exemptions
Paragraph (d)(3) of 63.640 is being reworded. This
paragraph exempts equipment that is in organic hazardous air
pollutant (HAP) service less than 300 hours per year. This
exemption applies to the types of equipment listed in the
definition of "equipment leaks" in 63.641. In order to
improve clarity, the specific types of equipment to which
this exemption applies have been listed in 63.640(d)(3).
The list of equipment being added to this paragraph exactly
matches the list already included in the definition of
equipment leaks in 63.641.
An exemption for emission points routed to refinery
fuel gas systems is being added to 63.640(d). This
exemption is specified in the definition of "miscellaneous
process vent" in 63.641. Putting this exemption in the
applicability section ( 63.640) makes it clearer that all
emissions routed to fuel gas systems are exempt from the
rule.
C. Definitions
The definitions of "Group 1 gasoline loading rack" and
"Group 1 marine tank vessel" are being revised for
consistency with 40 CFR part 63 subparts R (the gasoline
distribution NESHAP) and Y (the marine tank vessel loading
NESHAP). The intent of the refineries NESHAP was to be
consistent with subparts R and Y in terms of which loading
operations require control. Sections 63.650 and 63.651 of
the Refineries NESHAP (subpart CC) cross-reference
subparts R and Y for control requirements for loading
operations. However, throughput and emissions applicability
criteria in subparts R and Y were not correctly incorporated
in the Group 1 definitions in 63.641. The definition of
"Group 1 gasoline loading rack" is being revised to mean a
gasoline loading rack classified under SIC 2911 that is part
of a bulk gasoline terminal with the capacity to load
greater than 75,700 liters per year of gasoline. This is
consistent with subpart R. The definition of "Group 1
marine tank vessel" is being revised by changing the
emission rate criteria for existing sources from
9.1 megagrams per year of any individual HAP and
13.6 megagrams of any combination of HAPs to 9.1 megagrams
per year of any individual HAP and 22.7 megagrams of any
combination of HAPs. The revised definition also clarifies
that these emission rate cutoffs apply only to existing
sources, not to new sources. These clarifications remove
inconsistencies between the definitions in 63.641 of
subpart CC and the rules cross-referenced in 63.650 and
63.651.
The definition of storage vessel is being clarified by
removing the clause "in organic HAP service". This was a
drafting error. The definition was intended to cover
vessels storing organic liquids. However, the phrase "in
organic liquid service" was used without recognizing that it
is a defined term used in the equipment leaks section of the
rule to indicate equipment leak components containing or
contacting fluid that is at least 5 weight percent organic
HAP. The preamble to the final rule (60 FR 43252) and the
"Group 1 storage vessel" definitions make it clear that
storage vessels with lower percent organic HAP were intended
to be regulated. The "Group 1 storage vessel" definition
contains the correct organic HAP weight percent cutoffs of
4 percent for existing sources and 2 percent for new
sources, which are discussed in the preamble for the final
rule.
The definition of "Group 1 miscellaneous process vent"
is being revised to clarify that the 20 parts per million by
volume cutoff applies to organic HAP rather than volatile
organic compounds (VOC). This is consistent with the
definition of "miscellaneous process vent", which includes
vents containing greater than 20 parts per million by volume
organic HAP and with the 20 parts per million organic HAP
language in 63.643. The definitions of "miscellaneous
process vent" and "equipment leaks" are also being clarified
by specifying that they do not include emissions from
wastewater collection and conveyance systems. Air emissions
from wastewater systems are regulated under the wastewater
provisions in 63.647 of subpart CC.
Definitions of "startup" and "shutdown" are being added
for clarification. These definitions are consistent with
definitions in the subpart A General Provisions and the
hazardous organics NESHAP (40 CFR 60, subpart F). Under the
General Provisions, 63.6(f)(1) states that emission limits
do not apply during startup, shutdown, and malfunction.
These definitions make it clear that, for purposes of
63.6(f)(1) and for the startup, shutdown, and malfunction
plan, startup and shutdown refer to startup and shutdown of
refinery process units or unit operations such as
distillation units rather than to individual components such
as pumps. To further clarify this point, the second
sentence in the definition of "affected source" has been
deleted. This sentence had been interpreted to mean that
startup, shutdown, and malfunction plans apply to individual
components.
Other minor definition changes are being made to
correct typographical errors and improve clarity. For
example, in the definition of "emission point", the word
"gas" is changed to "gasoline", and a definition of leakless
valves is being added to clarify which types of valves are
excluded from the monitoring requirements of the rule.
D. Equations
The term "R" in the equation in 63.642(g) represents
the fraction of emissions from a Group 1 marine tank vessel
loading operation after the required level of control has
been applied. The phrase "and 0.05 for new offshore loading
terminals" is being deleted because offshore loading
terminals are not subject to subpart CC. Therefore, this
phrase was not relevant to the refineries NESHAP, and would
cause confusion.
The EPA is clarifying that the emissions averaging
equations for gasoline loading racks assume that all
facilities with Group 1 gasoline loading racks must comply
with the requirements of subpart R regarding vapor-tightness
of gasoline cargo tanks loaded at the facility, regardless
of whether emissions averaging is used. Therefore, the
emissions credit and debit calculation equations do not
include terms for estimating emissions from leakage from
gasoline cargo tanks. (Compliance with subpart R
vapor-tightness provisions is not a new requirement. There
is no change to the regulation language regarding this
point.)
E. Recordkeeping and Reporting
Section 63.642(e) is being revised to state that
records shall be maintained in such a manner that they can
be readily accessed within 24 hours, rather than be
maintained on-site for 2 years. This change is consistent
with the discussion on this issue in section 9 (general
monitoring, recordkeeping and reporting comments) of the
background information document for this rule. This change
was not incorporated in the promulgated rule because of a
drafting oversight.
In 63.654(d), recordkeeping requirement for equipment
leaks are being added that require owners or operators to
keep a list of valves that are designated as "leakless."
These valves are exempt from the valve monitoring
requirements. This recordkeeping requirement is consistent
with requirements in equipment leak rules cross-referenced
in this subpart, such as 40 CFR part 60, subpart VV. The
requirement was overlooked when drafting the
cross-references to subpart VV. Owners or operators are
also required to identify equipment in process units that
are subject to the rule that are not considered in organic
HAP service, and reciprocating compressors and pumps that
are exempt from equipment leak control requirements. These
requirements are consistent with the hazardous organic
NESHAP recordkeeping and reporting requirements which is
cross referenced in the rule.
Section 63.654(h)(1) is being clarified to explicitly
state that reports of startup, shutdown, and malfunction
required by 63.10(d)(5) do not apply to Group 2 emission
points at refineries, unless they are included in an
emission average. This is already stated in table 6, which
shows which portions of the NESHAP general provisions apply
to subpart CC. Table 6 specifies, in footnote b, that
63.10(d)(5) does not apply to Group 2 emission points that
are not included in an emission average, but it would be
clearer to the reader to also state this in 63.654(h)(1).
In table 4 of 40 CFR part 63, subpart CC, the cross-
references to 63.428(i) and (j) of 40 CFR part 63,
subpart R are being deleted. These records and reports
pertain to recordkeeping provisions of subpart R that are
applicable to facilities that have calculated emissions from
bulk terminals and pipeline breakout stations that fall
below a deminimis level and are not subject to 40 CFR
part 63, subpart CC. In table 6 of subpart CC, the
applicability of 63.6(h) has been clarified. This
requirement is referenced in portions of the HON rule
(40 CFR part 63, subpart G) and the general provisions
(40 CFR part 63, subpart A) relating to flares that are
cross-referenced from subpart CC, and it was incorrectly
over-ridden in the table. However, paragraphs relating
strictly to opacity remain over-ridden. Paragraphs
specifying the timing of the visible emissions testing also
remain over-ridden because 63.645(i) has been added to
40 CFR part 63, subpart CC to specify the timing of the
visible emissions tests for flares used to comply with
subpart CC. The timing in 63.645(i) is consistent with
the date the petroleum refinery notification of compliance
status is due, and will avoid requiring a visible emissions
report at a separate time specified in 63.6(h).
In table 3 of 40 CFR part 63, subpart CC, the comments
on the recordkeeping and reporting requirements in
63.182(b) and (c) are being corrected to be consistent
with exemptions allowed in the text.
II. Cross referencing and typographical errors
Errors in cross-referencing 40 CFR part 63 subparts G
and R, 40 CFR part 60 subpart Kb, and other sections within
subpart CC are being corrected. Typographical errors are
also being corrected.
List of Subjects in 40 CFR Parts 60 and 63
Environmental protection, Air pollution control,
Hazardous air pollutants, Petroleum refineries, Reporting
and recordkeeping requirements.
Dated: April 17, 1996.
Mary D. Nichols,
Assistant Administrator for Air and Radiation.
For the reasons set out in the preamble, parts 60, and
63 of title 40, chapter I, of the Code of Federal
Regulations are amended as follows:
Part 60--[AMENDED]
1. The authority citation for part 60 continues to
read as follows:
Authority: 42 U.S.C. 7401-7601.
Subpart VV--[Amended]
2. Section 60.482-10 is amended by revising
paragraph (j) to read as follows:
60.482-10 Standards: Closed vent systems and control
devices
* * * * *
(j) Any parts of the closed vent system that are
designated, as described in paragraph (l)(1) of this
section, as unsafe to inspect are exempt from the inspection
requirements of paragraphs (f)(1)(i) and (f)(2) of this
section if they comply with the requirements specified in
paragraphs (j)(1) and (j)(2) of this section:
* * * * *
Part 63--[Amended]
3. The authority citation for part 63 continues to
read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart CC--National Emission Standards for Hazardous Air
Pollutants: Petroleum Refineries
4. Section 63.640 is amended by revising
paragraphs (b) and (d), the last sentence of
paragraph (f)(5), (h)(4), the first sentence of
paragraph (h)(5) introductory text, paragraphs (l)(3)(iv),
by adding paragraphs (h)(3) and (l)(4), revising
paragraphs (m)(2) and (n)(4), as follows:
63.640 Applicability and designation of affected source.
* * * * *
(b) For process units that are designed and operated
as flexible operation units, the applicability of this
subpart shall be determined for existing sources based on
the expected utilization for the 5 years following
promulgation of this subpart and for new sources based on
the expected utilization for the first 5 years after
startup.
* * * * *
(d) The affected source subject to this subpart does
not include the emission points listed in paragraphs (d)(1)
through (d)(5) of this section.
(1) Stormwater from segregated stormwater sewers;
(2) Spills;
(3) Any pump, compressor, pressure relief device,
sampling connection system, open-ended valve or line, valve,
or instrumentation system that is intended to operate in
organic hazardous air pollutant service, as defined in
63.641 of this subpart, for less than 300 hours during the
calendar year;
(4) Catalytic cracking unit and catalytic reformer
catalyst regeneration vents, and sulfur plant vents; and
(5) Emission points routed to a fuel gas system, as
defined in 63.641 of this subpart. No testing,
monitoring, recordkeeping, or reporting is required for
refinery fuel gas systems or emission points routed to
refinery fuel gas systems.
* * * * *
(f) * * *
(5) * * *. This determination shall be reported as
specified in 63.654(h)(6)(iii).
* * * * *
(h) * * *
(3) Marine tank vessels at existing sources shall be
in compliance with this subpart no later than August 18,
1999 unless the vessels are included in an emissions average
to generate emission credits. Marine tank vessels used to
generate credits in an emissions average shall be in
compliance with this subpart no later than August 18, 1998
unless an extension has been granted by the Administrator as
provided in 63.6(i).
(4) Existing Group 1 floating roof storage vessels
shall be in compliance with 63.646 at the first degassing
and cleaning activity after August 18, 1998, or within
10 years after promulgation of the rule, whichever is first.
(5) An owner or operator may elect to comply with the
provisions of 63.648(c) through (i) as an alternative to
the provisions of 63.648(a) and (b). * * *
* * * * *
(l) * * *
(3) * * *
(iv) Reports and notifications required by 63.182,
or 40 CFR 60.487. The requirements of subpart H of this
part are summarized in table 3 of this subpart;
* * * * *
(4) If pumps, compressors, pressure relief devices,
sampling connection systems, open-ended valves or lines,
valves, or instrumentation systems are added to an existing
source, they are subject to the equipment leak standards for
existing sources in 63.648. A notification of compliance
status report shall not be required for such added
equipment.
* * * * *
(m) * * *
(2) The compliance schedule shall be submitted within
180 days after the change is made, unless the compliance
schedule has been previously submitted to the permitting
authority. If it is not possible to determine until after
the change is implemented whether the emission point has
become Group 1, the compliance schedule shall be submitted
within 180 days of the date when the affect of the change is
known to the source. The compliance schedule may be
submitted in the next Periodic Report if the change is made
after the date the Notification of Compliance Status report
is due.
* * * * *
(n) * * *
(4) After the compliance dates specified in
paragraph (h) of this section, a Group 2 storage vessel that
is part of a new source and is subject to 40 CFR 60.110b,
but is not required to apply controls by 40 CFR 60.110b or
60.112b is required to comply only with this subpart.
* * * * *
5. Section 63.641 is amended by revising the
definitions of "Affected source", "Emission point", the last
sentence in "Equipment leak", "Group 1 gasoline loading
rack", "Group 1 marine tank vessel", "Group 1 miscellaneous
process vent", the first sentence in "Storage vessel", and
"Temperature monitoring device", and by adding a definition
for "Leakless valve", "Startup", and "Shutdown" and by
adding a paragraph (13) to the definition for "Miscellaneous
process vent" to read as follows:
63.641 Definitions.
* * * * *
Affected source means the collection of emission points
to which this subpart applies as determined by the criteria
in 63.640.
* * * * *
Emission point means an individual miscellaneous
process vent, storage vessel, wastewater stream, or
equipment leak associated with a petroleum refining process
unit; an individual storage vessel or equipment leak
associated with a bulk gasoline terminal or pipeline
breakout station classified under Standard Industrial
Classification code 2911; a gasoline loading rack classified
under Standard Industrial Classification code 2911; or a
marine tank vessel loading operation located at a petroleum
refinery.
Equipment leak * * *. Vents from wastewater
collection and conveyance systems (including, but not
limited to wastewater drains, sewer vents, and sump drains),
tank mixers, and sample valves on storage tanks are not
equipment leaks.
* * * * *
Group 1 gasoline loading rack means any gasoline
loading rack classified under Standard Industrial
Classification code 2911 that is located within a bulk
gasoline terminal that has a gasoline throughput greater
than 75,700 liters per day. Gasoline throughput shall be
the maximum calculated design throughput for the terminal as
may be limited by compliance with enforceable conditions
under Federal, State, or local law and discovered by the
Administrator and any other person.
Group 1 marine tank vessel means a vessel at an
existing source loaded at any land- or sea-based terminal or
structure that loads liquid commodities with vapor pressures
greater than or equal to 10.3 kilopascals in bulk onto
marine tank vessels, that emits greater than 9.1 megagrams
of any individual HAP or 22.7 megagrams of any combination
of HAP annually after August 18, 1999, or a vessel at a new
source loaded at any land- or sea-based terminal or
structure that loads liquid commodities with vapor pressures
greater than or equal to 10.3 kilopascals onto marine tank
vessels.
Group 1 miscellaneous process vent means a
miscellaneous process vent for which the total organic HAP
concentration is greater than or equal to 20 parts per
million by volume, and the total volatile organic compound
emissions are greater than or equal to 33 kilograms per day
for existing sources and 6.8 kilograms per day for new
sources at the outlet of the final recovery device (if any)
and prior to any control device and prior to discharge to
the atmosphere.
* * * * *
Leakless valve means a valve that has no external
actuating mechanism.
* * * * *
Miscellaneous process vent * * * (13) Emissions from
wastewater collection and conveyance systems including, but
not limited to, wastewater drains, sewer vents, and sump
drains.
* * * * *
Shutdown means the cessation of a petroleum refining
process unit or a unit operation (including, but not limited
to, a distillation unit or reactor) within a petroleum
refining process unit for purposes including, but not
limited to, periodic maintenance, replacement of equipment,
or repair.
Startup means the setting into operation of a petroleum
refining process unit for purposes of production. Startup
does not include operation solely for purposes of testing
equipment. Startup does not include changes in product for
flexible operation units.
Storage vessel means a tank or other vessel that is
used to store organic liquids. * * *
Temperature monitoring device means a unit of equipment
used to monitor temperature and having an accuracy of
+1 percent of the temperature being monitored expressed in
degrees Celsius or +0.5 oC, whichever is greater.
* * * * *
6. Section 63.642 is amended by revising
paragraphs (e) and (g) as follows:
63.642 General standards.
* * * * *
(e) Each owner or operator of a source subject to this
subpart shall keep copies of all applicable reports and
records required by this subpart for at least 5 years except
as otherwise specified in this subpart. All applicable
records shall be maintained in such a manner that they can
be readily accessed within 24 hours. Records may be
maintained in hard copy or computer-readable form including,
but not limited to, on paper, microfilm, computer, floppy
disk, magnetic tape, or microfiche.
* * * * *
(g) The owner or operator of an existing source
subject to the requirements of this subpart shall control
emissions of organic HAP's to the level represented by the
following equation:
where:
EA = Emission rate, megagrams per year,
allowed for the source.
0.02äEPV1 = Sum of the residual emissions, megagrams
per year, from all Group 1 miscellaneous
process vents, as defined in 63.641.
äEPV2 = Sum of the emissions, megagrams per
year, from all Group 2 process vents, as
defined in 63.641.
0.05äES1 = Sum of the residual emissions, megagrams
per year, from all Group 1 storage
vessels, as defined in 63.641.
äES2 = Sum of the emissions, megagrams per
year, from all Group 2 storage vessels,
as defined in 63.641.
äEGLR1C = Sum of the residual emissions, megagrams
per year, from all Group 1 gasoline
loading racks, as defined in 63.641.
äEGLR2 = Sum of the emissions, megagrams per
year, from all Group 2 gasoline loading
racks, as defined in 63.641.
(R)äEMV1 = Sum of the residual emissions megagrams
per year, from all Group 1 marine tank
vessels, as defined in 63.641.
R = 0.03 for existing sources, 0.02 for new
sources.
äEMV2 = Sum of the emissions, megagrams per year
from all Group 2 marine tank vessels, as
defined in 63.641.
äEWW1C = Sum of the residual emissions from all
Group 1 wastewater streams, as defined
in 63.641. This term is calculated
for each Group 1 stream according to the
equation for EWWic in 63.652(h)(6).
äEWW2 = Sum of emissions from all Group 2
wastewater streams, as defined in
63.641.
The emissions level represented by this equation is
dependent on the collection of emission points in the
source. The level is not fixed and can change as the
emissions from each emission point change or as the number
of emission points in the source changes.
* * * * *
7. Section 63.644 is amended by revising the last
sentence of paragraph (d) as follows:
63.644 Monitoring provisions for miscellaneous process
vents.
* * * * *
(d) * * *. In order to establish the range, the
information required in 63.654(f)(3) shall be submitted in
the Notification of Compliance Status report.
* * * * *
8. Section 63.645 is amended by revising
paragraphs (a) and (h)(2), and by adding paragraph (i), as
follows:
63.645 Test methods and procedures for miscellaneous
process vents.
(a) To demonstrate compliance with 63.643, an owner
or operator shall follow 63.116 except for 63.116
(a)(1), (d) and (e) of subpart G of this part except as
provided in paragraphs (b) through (d) and paragraph (i) of
this section.
* * * * *
(h) * * *
(2) Where the recalculated TOC emission rate is
greater than 33 kilograms per day for an existing source or
greater than 6.8 kilograms per day for a new source, the
owner or operator shall submit a report as specified in
63.654(f), (g), or (h) and shall comply with the
appropriate provisions in 63.643 by the dates specified in
63.640.
(i) A compliance determination for visible emissions
shall be conducted within 150 days of the compliance date
using Method 22 of 40 CFR part 60, Appendix A, to determine
visible emissions.
9. Section 63.646 is amended by revising
paragraphs (a), (d) introductory text, and (d)(9), and
adding (d)(10), as follows:
63.646 Storage vessel provisions.
(a) Each owner or operator of a Group 1 storage vessel
subject to this subpart shall comply with the requirements
of 63.119 through 63.121 except as provided in
paragraphs (b) through (l) of this section.
* * * * *
(d) References shall apply as specified in
paragraphs (d)(1) through (d)(10) of this section.
* * * * *
(9) All references to 63.139(d)(1) in
63.120(d)(1)(ii) of subpart G are not applicable. For
sources subject to this subpart, such references shall mean
that 40 CFR 61.355 is applicable.
(10) All references to 63.139(c) in
63.120(d)(1)(ii) of subpart G are not applicable. For
sources subject to this subpart, such references shall mean
that 63.647 of this subpart is applicable.
* * * * *
10. Section 63.648 is amended by revising the first
sentences of paragraphs (c)(9) and (c)(10) as follows:
63.648 Equipment leak standards.
* * * * *
(c) * * *
(9) When complying with the requirements of
63.168(e)(3)(i), non-repairable valves shall
be included in the calculation of percent
leaking valves the first time the valve is identified as
leaking and non-repairable. * * *
(10) If in phase III of the valve standard any valve
is designated as being leakless, the owner or operator has
the option of following the provisions of 40
CFR 60.482-7(f). * * *
* * * * *
11. Section 63.650 is amended by revising
paragraph (a) as follows:
63.650 Gasoline loading rack provisions.
(a) Except as provided in paragraphs (b) through (c)
of this section, each owner or operator of a gasoline
loading rack classified under Standard Industrial
Classification code 2911 located within a contiguous area
and under common control with a petroleum refinery shall
comply with subpart R, 63.421, 63.422(a) through (c),
63.425(a) through (c), 63.425(e) through (h), 63.427(a) and
(b), and 63.428(b), (c), (g)(1), and (h)(1) through (h)(3).
* * * * *
12. Section 63.651 is amended by revising
paragraph (a) and adding paragraph (d), as follows:
63.651 Marine tank vessel loading operation provisions.
(a) Except as provided in paragraphs (b) through (d)
of this section, each owner or operator of a marine tank
vessel loading operation located at a petroleum refinery
shall comply with the requirements of 63.560
through 63.567.
* * * * *
(d) The compliance time of 4 years after promulgation
of 40 CFR part 63, subpart Y does not apply. The compliance
time is specified in 63.640(h)(3).
* * * * *
13. Section 63.652 is amended by revising the equation
in paragraph (h)(1) introductory text (the definitions to
the equation remain unchanged) to read as follows:
63.652 Emissions averaging provisions.
* * * * *
(h) * * *
(1) * * *
* * *
* * * * *
14. Section 63.653 is amended by revising
paragraph (a)(4) as follows:
63.653 Monitoring, recordkeeping, and implementation plan
for emission averaging.
(a) * * *
(4) For each gasoline loading rack that is controlled,
perform the testing and monitoring procedures specified in
63.425 and 63.427 of subpart R of this part except
63.425(d) or 63.427(c).
* * * * *
15. Section 63.654 is amended by revising
paragraphs (d) introductory text, (d)(3), adding
paragraphs (d)(4), (d)(5), and (d)(6), revising the first
sentence of paragraph (g)(6)(iii), and revising
paragraphs (g)(8)(ii)(B) and (h)(1), as follows:
63.654 Reporting and recordkeeping requirements.
* * * * *
(d) Each owner or operator subject to the equipment
leaks standards in 63.648 shall comply with the
recordkeeping and reporting provisions in paragraphs (d)(1)
through (d)(6) of this section.
* * * * *
(3) An owner or operator who determines that a
compressor qualifies for the hydrogen service exemption in
63.648 shall also keep a record of the demonstration
required by 63.648.
(4) An owner or operator must keep a list of
identification numbers for valves that are designated as
leakless per 63.648(c)(10).
(5) An owner or operator must identify, either by list
or location (area or refining process unit), equipment in
organic HAP service less than 300 hours per year within
refining process units subject to this subpart.
(6) An owner or operator must keep a list of
reciprocating pumps and compressors determined to be exempt
from seal requirements as per 63.648 (f) and (i).
* * * * *
(g) * * *
(6) * * *
(iii) Periods of startup and shutdown that meet the
definition of 63.641, and malfunction that meet the
definition in 63.2 and periods of performance testing and
monitoring system calibration shall not be considered
periods of excess emissions. * * *
(8) * * *
(ii) * * *
(B) The information required to be reported by
63.428(h)(1), (h)(2), and (h)(3) for each gasoline loading
rack included in an emissions average, unless this
information has already been submitted in a separate report;
* * * * *
(h) * * *
(1) Reports of startup, shutdown, and malfunction
required by 63.10(d)(5). Records and reports of startup,
shutdown, and malfunction are not required if they pertain
solely to Group 2 emission points, as defined in 63.641 of
this subpart, that are not included in an emissions average.
For purposes of this paragraph, startup and shutdown shall
have the meaning
defined in 63.641 of this subpart, and malfunction shall
have the meaning defined in 63.2; and
* * * * *
16. Table 3 in the appendices to subpart CC is amended
by revising entries 63.182(b) and (c) to read as follows:
TABLE 3. - EQUIPMENT LEAK RECORDKEEPING AND REPORTING
REQUIREMENTS FOR SOURCES COMPLYING WITH 63.648
OF SUBPART CC BY COMPLIANCE WITH SUBPART H
OF THIS PARTa
Reference
(section of
subpart H of
this part)
Description
Comment * * * * * * *
63.182(b) Initial notification
report requirements Not required 63.182(c) Notification of
compliance status
report Except in 63.182(c);
change "within 90 days
of the compliance
dates" to "within
150 days of the
compliance dates";
except in
63.182(c)(2) and
(c)(4). * * * * * * *
a This table does not include all the requirements
delineated under the referenced sections. See referenced
sections for specific requirements.
* * * * *
17. Table 4 in the appendices to subpart CC is revised
to read as follows:
TABLE 4. - GASOLINE DISTRIBUTION EMISSION POINT
RECORDKEEPING AND REPORTING REQUIREMENTSa
Reference
(section of
subpart R of
this part) Description Comment 63.428(b) Records of test
results for each
gasoline cargo tank
loaded at the
facility 63.428(c) Continuous
monitoring data
recordkeeping
requirements 63.428(g)(1) Semiannual report
loading rack
information Required to be
submitted with the
periodic report
required under
40 CFR part 63
subpart CC. 63.428(h)(1)
through (h)(3) Excess emissions
report loading rack
information Required to be
submitted with the
periodic report
required under
40 CFR part 63
subpart CC.
a This table does not include all the requirements
delineated under the referenced sections. See referenced
sections for specific requirements.
* * * * *
18. Table 6 in the appendices to subpart CC is amended by
revising entries 63.6(h)(1) and (2), 63.6(h)(4) and (5),
63.6(h)(6) and 63.6(h)(7) through (9) to read as follows:
TABLE 6. - GENERAL PROVISIONS APPLICABILITY TO SUBPART CCa
Reference Applies to
subpart
CCb
Comment * * * * * * * 63.6(h)(1) and (2) Yes 63.6(h)(4) and (5) No Visible emission
requirements and
timing in subpart CC 63.6(h)(6) Yes 63.6(h)(7) through (9) No Subpart CC does not
require opacity
standards. * * * * * * *
* * * * *
19. Table 8 in the appendices to subpart CC is amended by
revising the heading of the table, as follows:
TABLE 8. - VALVE MONITORING FREQUENCY FOR PHASE III
* * *
* * * * *
BILLING CODE 6560-50-P
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