40 CFR Part 65 — Consolidated Federal Air Rule

PART 65—CONSOLIDATED FEDERAL AIR RULE Authority: 42 U.S.C. 7401 et seq. Source: 65 FR 78285, Dec. 14, 2000, unless otherwise noted. Subpart A—General Provisions § 65.1 Applicability. (a) The provisions of this subpart apply to owners or operators expressly referenced to this part from a subpart of 40 CFR part 60, 61, or 63 for which the owner or operator has chosen to comply with the provisions of this part as an alternative to the provisions in the referencing subpart as specified in paragraph (b) of this section. (b) Owners or operators may choose to comply with this part for any regulated source subject to a referencing subpart. (c) Compliance with this part instead of the referencing subparts does not alter the applicability of the referencing subparts. This part applies to only the equipment, process vents, storage vessels, or transfer operations to which the referencing subparts apply. This part does not extend applicability to equipment, process vents, storage vessels, or transfer operations that are not regulated by the referencing subpart. (d) The provisions of 40 CFR part 60, subpart A; 40 CFR part 61, subpart A; and 40 CFR part 63, subpart A, that are listed in table 1 of this subpart still apply to owners or operators of regulated sources expressly referenced to this part. The owner or operator shall comply with the provisions in table 1 of this subpart in the column corresponding to the referencing subpart. All provisions of 40 CFR part 60, subpart A; 40 CFR part 61, subpart A; and 40 CFR part 63, subpart A, not expressly referenced in table 1 of this subpart do not apply, and the provisions of this part apply instead, except that provisions which were required to be met prior to implementation of this part 65 still apply. (e) The provisions of the referencing subparts that are listed in table 2 of this subpart still apply to owners or operators of regulated sources expressly referenced to this part. The owner or operator shall comply with the provisions in table 2 of this subpart in the row corresponding to the referencing subpart. All provisions of the referencing subparts not expressly referenced in table 2 to this subpart do not apply and the provisions of this part apply instead, except that provisions which were required to be met prior to implementation of this part 65 still apply. (f) Implementation date. (1) Owners or operators shall implement this part as specified in an implementation schedule or at initial startup. The implementation date shall be established by mutual agreement with the Administrator or delegated authority. The implementation schedule shall be included in the source's title V permit. For non-title V sources, the implementation schedule shall be proposed by the source in the Initial Notification for Part 65 Applicability as specified in § 65.5(c). (2) There shall be no gaps in compliance between compliance with the referencing subpart and compliance with this part. (g) Transitioning out of this part. (1) This transition shall be carried out on a date established in a title V permit or if the source is not a title V source, by a date established by agreement with the Administrator or delegated authority. The transition date shall be proposed in a title V permit amendment, or for non-title V sources, in a periodic report or separate notice. (2) There shall be no gaps in compliance between compliance with this part and compliance with the referencing subpart provisions. (h) Overlap with other subparts of this part. (i) Equipment assignment procedures. § 65.2 Definitions. All terms used in this part shall have the meaning given them in the Act and in this section. If a term is defined both in this section and in other parts that reference the use of this part, the term shall have the meaning given in this section for purposes of this part. If a term is not defined in the Act or in this section, the term shall have the meaning given in the referencing subpart for purposes of this part. The terms follow: Act et seq. Administrator Approved permit program Automated continuous parameter monitoring system Automated monitoring and recording system Batch process Batch product-process equipment train Boiler Bottoms receiver By compound Car-seal Closed vent system Closed vent system shutdown Closed-loop system Closed-purge system Combustion device Compliance date Connector Continuous parameter monitoring system CPMS Continuous record Continuous seal Control device Control system Day Distance piece Double block and bleed system Ductwork Emission point Empty or emptying Equipment Equivalent method External floating roof EFR Failure, EFR (referred to as EFR failure) Failure, internal floating roof type A (referred to as IFR type A failure) Failure, internal floating roof type B (referred to as IFR type B failure) Fill filling First attempt at repair, Fixed roof Flame zone Floating roof Flow indicator Force majeure Fuel gas Fuel gas system Group 1 process vent Group 2A process vent Group 2B process vent Halogenated vent stream halogenated stream Halogens and hydrogen halides 2 2 Hard-piping High-throughput transfer racks In food/medical service (1) A dilution of product quality so that the product would not meet written specifications; (2) An exothermic reaction that is a safety hazard; (3) The intended reaction to be slowed down or stopped; or (4) An undesired side reaction to occur. In gas/vapor service In heavy liquid service In light liquid service (1) The vapor pressure of one or more of the organic compounds is greater than 0.3 kilopascals at 20 °C (0.04 pounds per square inch at 68 °F); (2) The total concentration of the pure organic compound constituents having a vapor pressure greater than 0.3 kilopascals at 20 °C (0.04 pounds per square inch at 68 °F) is equal to or greater than 20 percent by weight of the total process stream; and (3) The fluid is a liquid at operating conditions. (Note: Vapor pressures may be determined by standard reference texts or American Society for Testing and Materials (ASTM) D-2879, available from American Society for Testing and Materials, 1916 Race Street, Philadelphia, Pennsylvania 19103; or University Microfilms International, 300 North Zeeb Road, Ann Arbor, Michigan 48106.) In liquid service In regulated material service In vacuum service In-situ sampling systems Incinerator Initial startup Instrumentation system Intermediate change to monitoring (1) Use of a continuous monitoring system (CEMS) in lieu of a parameter monitoring approach; (2) Decreased frequency for non-continuous parameter monitoring or physical inspections; (3) Changes to quality control requirements for parameter monitoring; and (4) Use of an electronic data reduction system in lieu of manual data reduction. Intermediate change to test method (1) Modifications to a test method's sampling procedure including substitution of sampling equipment that has been demonstrated for a particular sample matrix; and use of a different impinger absorbing solution; (2) Changes in sample recovery procedures and analytical techniques, such as changes to sample holding times and use of a different analytical finish with proven capability for the analyte of interest; and (3) “Combining” a federally required method with another proven method for application to processes emitting multiple pollutants. Internal floating roof IFR Liquid-mounted seal Liquids dripping Loading cycle Low-throughput transfer racks Major change to monitoring (1) Use of a new monitoring approach developed to apply to a control technology not contemplated in the applicable regulation in this part; (2) Use of a predictive emission monitoring system (PEMS) in place of a required continuous emission monitoring system (CEMS); (3) Use of alternative calibration procedures that do not involve calibration gases or test cells; (4) Use of an analytical technology that differs from that specified by a performance specification; (5) Decreased monitoring frequency for a continuous emission monitoring system, continuous opacity monitoring system, predictive emission monitoring system, or continuous parameter monitoring system; (6) Decreased monitoring frequency for a leak detection and repair program; and (7) Use of alternative averaging times for reporting purposes. Major change to test method (1) Use of an unproven analytical finish; (2) Use of a method developed to fill a test method gap; (3) Use of a new test method developed to apply to a control technology not contemplated in the applicable regulation in this part; and (4) Combining two or more sampling/analytical methods (at least one unproven) into one for application to processes emitting multiple pollutants. Malfunction Metallic shoe seal mechanical shoe seal Minor change to monitoring (1) A modification to federally required monitoring that: (i) Does not decrease the stringency of the compliance and enforcement measures of the relevant standard; (ii) Has no national significance (e.g., does not affect implementation of the applicable regulation in this part for other affected sources, does not set a national precedent, and individually does not result in a revision to the monitoring requirements); and (iii) Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source. (2) Examples of minor changes to monitoring include, but are not limited to: (i) Modifications to a sampling procedure, such as use of an improved sample conditioning system to reduce maintenance requirements; (ii) Increased monitoring frequency; and (iii) Modification of the environmental shelter to moderate temperature fluctuation and thus protect the analytical instrumentation. Minor change to test method (1) A modification to a federally enforceable test method that: (i) Does not decrease the stringency of the emission limitation or standard; (ii) Has no national significance (e.g., does not affect implementation of the applicable regulation in this part for other affected sources, does not set a national precedent, and individually does not result in a revision to the test method); and (iii) Is site-specific, made to reflect or accommodate the operational characteristics, physical constraints, or safety concerns of an affected source. (2) Examples of minor changes to a test method include, but are not limited to: (i) Field adjustments in a test method's sampling procedure, such as a modified sampling traverse or location to avoid interference from an obstruction in the stack, increasing the sampling time or volume, use of additional impingers for a high moisture situation, accepting particulate emission results for a test run that was conducted with a lower than specified temperature, substitution of a material in the sampling train that has been demonstrated to be more inert for the sample matrix; and (ii) Changes in recovery and analytical techniques such as a change in quality control/quality assurance requirements needed to adjust for analysis of a certain sample matrix. Nonautomated monitoring and recording system Nonrepairable One-hour period Onsite on-site Open-ended valve or line Organic monitoring device Owner or operator Part 70 permit Performance test Permit program Permitting authority (1) The State air pollution control agency, local agency, other State agency, or other agency authorized by the Administrator to carry out a permit program under part 70 of this chapter; or (2) The Administrator, in the case of EPA-implemented permit programs under title V of the Act (42 U.S.C. 7661) and part 71 of this chapter. Plant site Polymerizing monomer Pressure release Pressure relief device or valve Primary fuel Process heater Process unit Process unit shutdown Process vent Recovery device i.e., Reference method Referencing subpart Regulated material Regulated source Relief device or valve Repaired (1) Is adjusted, or otherwise altered, to eliminate a leak as defined in the applicable section of this part; and (2) Unless otherwise specified in applicable provisions of this part, is monitored as specified in §§ 65.104(b) and 65.143(c) to verify that emissions from the equipment are below the applicable leak definition. Routed to a process or route to a process Run Sampling connection system Secondary fuel Sensor Set pressure Shutdown Simultaneous loading Single-seal system Specific gravity monitoring device Startup State Steam jet ejector Stuffing box pressure Surge control vessel Temperature monitoring device Title V permit Total organic compounds TOC Total resource effectiveness index value TRE index value Vapor balancing system Vapor-mounted seal Visible emission [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006; 72 FR 48942, Aug. 27, 2007] § 65.3 Compliance with standards and operation and maintenance requirements. (a) Requirements. (2) Sections 65.106 through 65.118 shall apply at all times except during periods of startup or shutdown (as defined in § 65.2), malfunction, process unit shutdown (as defined in § 65.2), or nonoperation of the regulated source (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which subpart F of this part applies. (3) During startups, shutdowns, and malfunctions when the emission standards of this part do not apply pursuant to paragraphs (a)(1) and (2) of this section, the owner or operator shall implement, to the extent reasonably available, measures to prevent or minimize emissions in excess of those that would have occurred if there were no startup, shutdown, or malfunction and the owner or operator complied with the relevant provisions of this part. The measures to be taken may include, but are not limited to, air pollution control technologies, recovery technologies, work practices, pollution prevention, monitoring, and/or changes in the manner of operation of the regulated source. Backup control devices are not required but may be used if available. This paragraph (a)(3) does not apply to Group 2A or Group 2B process vents. (4) Malfunctions shall be corrected as soon as practical after their occurrence. This paragraph (a)(4) does not apply to Group 2A or Group 2B process vents. (5) Operation and maintenance requirements established pursuant to section 112 of the Act are enforceable independent of emissions limitations or other requirements in relevant standards. (b) Compliance determination procedures Parameter monitoring: Compliance with operating conditions. (2) Parameter monitoring: Excursions. (i) During periods of startup, shutdown, or malfunction (and the source is operated during such periods in accordance with § 65.3(a)(3)), a monitoring parameter is outside its established range or monitoring data cannot be collected; or (ii) During periods of nonoperation of the regulated source or portion thereof (resulting in cessation of the emissions to which the monitoring applies). (3) Operation and maintenance procedures. (4) Emissions standards. (i) Performance test. (ii) Operation and maintenance requirements. (5) Design, equipment, work practice, or operational standards. (i) Records and inspection. (ii) Operation and maintenance. (c) Finding of compliance. (d) Compliance times. (1) Notwithstanding time periods specified for completion of required tasks, time periods may be changed by mutual agreement between the owner or operator and the Administrator as specified in § 65.5(h)(3) (for example, a period could begin on the compliance date or another date, rather than on the first day of the standard calendar period). For each time period that is changed by agreement, the revised period applies until it is changed. A new request is not necessary for each recurring period. (2) When the period specified for compliance is a standard calendar period, if the initial compliance date occurs after the beginning of the period, compliance shall be required according to the schedule specified in the following paragraphs, as appropriate: (i) Compliance shall be required before the end of the standard calendar period within which the compliance deadline occurs if there remain at least 3 days for tasks that must be performed weekly, at least 2 weeks for tasks that must be performed monthly, at least 1 month for tasks that must be performed each quarter, or at least 3 months for tasks that must be performed annually; or (ii) In all other cases, compliance shall be required before the end of the first full standard calendar period after the period within which the initial compliance deadline occurs. (3) In all instances where a provision requires completion of a task during each of multiple successive periods, an owner or operator may perform the required task at any time during the specified period provided the task is conducted at a reasonable interval after completion of the task during the previous period. [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006] § 65.4 Recordkeeping. (a) Maintaining notifications, records, and reports. (1) If an owner or operator is required to obtain or operate a regulated source under a title V permit, then all applicable notifications, reports, and records for that regulated source shall be maintained for at least 5 years, except for the records required in § 65.47(b) for storage vessel capacity, § 65.104(e)(2) for valve and connector monitoring, and § 65.163(d)(1) for closed vent system design specifications. (2) If an owner or operator is not required to obtain or operate a regulated source under a title V permit, then all notifications, reports, and records for that regulated source required by this part shall be maintained for at least 2 years, except for the records required in § 65.47(b) for storage vessel capacity, § 65.104(e)(2) for valve and connector monitoring, and § 65.163(d)(1) for closed vent system design specifications. (b) Copies of reports. (c) Availability of records. (1) Except as specified in paragraph (c)(2) of this section, records of the most recent 2 years shall be retained onsite or shall be accessible to an inspector while onsite. The records of the remaining 3 years, where required, may be retained offsite. (2) For sources referenced to this part from 40 CFR part 63, subpart G or H, the most recent 6 months of records shall be retained on site or shall be accessible to an inspector while onsite from a central location by computer or other means that provides access within 2 hours after a request. The remaining 4 and one-half years of records, where required, may be retained offsite. (3) Records specified in paragraph (c)(1) or (2) of this section may be maintained in hard copy or computer-readable form including, but not limited to, on paper, microfilm, computer, computer disk, magnetic tape, or microfiche. § 65.5 Reporting requirements. (a) Required reports. (1) A Notification of Initial Startup described in paragraph (b) of this section. (2) An Initial Notification for Part 65 Applicability described in paragraph (c) of this section. (3) An Initial Compliance Status Report described in paragraph (d) of this section. (4) Periodic reports described in paragraph (e) of this section. (5) Other reports shall be submitted as specified elsewhere in this part. (6) Startup, Shutdown, and Malfunction Reports described in § 65.6(c). (b) Notification of Initial Startup Contents. (2) Due date. (c) Initial Notification for Part 65 Applicability. (1) Identification of the storage vessels subject to subpart C of this part. (2) Identification of the process vents subject to subpart D of this part, including process vent group status as specified in § 65.62(a). (3) Identification of the process vents subject to 40 CFR part 60, subpart DDD, complying with requirements of subpart G of this part. (4) Identification of the transfer racks subject to subpart E of this part. (5) For equipment leaks, identification of the process units subject to subpart F of this part. (6) The proposed implementation schedule specified in § 65.1(f)(1) for sources identified in paragraphs (c)(1) through (5) of this section. (7) Process unit identification. (d) Initial Compliance Status Report Contents. (2) Due date. (e) Periodic reports. (1) Contents. (2) Due date. (i) The first report shall be submitted no later than the last day of the month that includes the date 8 months after the date the source became subject to this part or since the last part 60, 61, or 63 periodic report was submitted for the applicable requirement, whichever is earlier. (ii) For sources electing to comply with the CAR at initial startup, the first report shall cover the 6 months after the Initial Compliance Status Report is due. The first report shall be submitted no later than the last day of the month that includes the date 8 months after the Initial Compliance Status Report is due. (3) Overlap with title V reports. (f) General report content. (1) The name, address, and telephone number (fax number may also be provided) of the owner or operator. (2) The name, address and telephone number of the person to whom inquiries should be addressed, if different than the owner/operator. (3) The address (physical location) of the reporting facility. (4) Identification of each regulated source covered in the submission and identification of which subparts (referencing subparts and this part 65) options from this part are applicable to that regulated source. Summaries and groupings of this information are permitted. (g) Report and notification submission Submission. (2) Submission of copies. (3) Method of submission. (4) Submission by electronic media. (h) Adjustment to timing of submittals and review of required communications Alignment with title V submission. (2) Request for adjustment. (3) Approval of request for adjustment. (4) Notification of delay. (i) Unless already submitted in a previous report, an owner or operator shall report in a title V permit application or as otherwise specified by the permitting authority, the information listed in paragraphs (i)(1) through (5) of this section. This information shall be submitted to the Administrator if the regulated source is not a title V source. (1) A list designating each emission point complying with subparts C through G of this part and whether each process vent is Group 1, Group 2A, or Group 2B. (2) The control technology or method of compliance that will be applied to each emission point. (3) A statement that the compliance demonstration, monitoring, inspection, recordkeeping, and reporting provisions in subparts C through G of this part that are applicable to each emission point will be implemented beginning on the date of compliance as specified in the referencing subpart. (4) The monitoring information in § 65.162(e) if, for any emission point, the owner or operator of a source seeks to comply through use of a control technique other than those for which monitoring parameters are specified in §§ 65.148 through 65.154. (5) Any requests for alternatives to the continuous operating parameter monitoring and recordkeeping provisions, as specified in § 65.162(d). § 65.6 Startup, shutdown, and malfunction plan and procedures. (a) Paragraphs (b) and (c) of this section do not apply to Group 2A or Group 2B process vents. (b) Startup, shutdown, and malfunction plan Description and purpose of plan. (i) To ensure that owners or operators are prepared to correct malfunctions as soon as practical after their occurrence in order to minimize excess emissions of regulated material (excess emissions are defined in § 65.3(a)(4)); and (ii) To reduce the reporting burden associated with periods of startup, shutdown, and malfunction (including corrective action taken to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation). (2) Operation of source. (3) Use of additional procedures. (4) Revisions to the plan. (i) Does not address a startup, shutdown, and malfunction event of the CPMS, the air pollution control equipment, or the regulated source that has occurred; or (ii) Fails to provide for the operation of the regulated source (including associated air pollution control equipment and CPMS) during a startup, shutdown, and malfunction event in a manner consistent with good air pollution control practices for minimizing emissions to the extent practical; or (iii) Does not provide adequate procedures for correcting malfunctioning process and/or air pollution control equipment as quickly as practicable; or (iv) Does not provide adequate measures to prevent or minimize excess emissions to the extent practical as specified and defined in § 65.3(a)(4). (5) Additional malfunction plan requirements. (6) Retain plan on site. (c) Periodic startup, shutdown, and malfunction reports. (1) The name, title, and signature of the owner or operator or other responsible official certifying its accuracy. (2) The number of startup, shutdown, malfunction events and the total duration of all periods of startup, shutdown, and malfunction for the reporting period. (3) If actions taken by an owner or operator during a startup, shutdown, and malfunction of a regulated source, or of a control device or monitoring system required for compliance (including actions taken to correct a malfunction) are consistent with the procedures specified in the source's startup, shutdown, and malfunction plan, then the owner or operator shall state such information in a startup, shutdown, and malfunction report, and describe the actions taken. Such description can take the form of a checklist; only one checklist is necessary if actions taken are the same for multiple events during the reporting period. (4) If at any time an action taken by an owner or operator, during a startup, shutdown, or malfunction (including actions taken to correct a malfunction) during which excess emissions occur, as defined in § 65.3(a)(4), is not consistent with the procedures specified in the regulated source's startup, shutdown, and malfunction plan, the owner or operator shall report the actions taken for that event as part of the periodic report. The report shall explain the circumstances of the event, the reasons for not following the startup, shutdown, and malfunction plan, and whether any excess emissions and/or parameter monitoring exceedances are believed to have occurred. [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006] § 65.7 Monitoring, recordkeeping, and reporting waivers and alternatives, and alternative work practice for equipment leaks. (a) Waiver of recordkeeping or reporting requirements Waiver application. (2) Extension of compliance request. (3) Approval or denial of waiver. (i) Approves or denies an extension of compliance under 40 CFR 63.6(i) or a waiver of compliance under 40 CFR 61.10(b); or (ii) Makes a determination of compliance following the submission of a required compliance status report or periodic report; or (iii) Makes a determination of suitable progress toward compliance following the submission of a compliance progress report, whichever is applicable. (4) Waiver conditions. (5) Waiver cancellation. (b) Requests for approval of alternative monitoring or recordkeeping. (c) Approval or denial of request to use alternative monitoring or recordkeeping. (1) Notice of the information and findings on which the intended disapproval is based; and (2) Notice of opportunity for the owner or operator to present additional information to the Administrator before final action on the request. At the time the Administrator notifies the applicant of the intention to disapprove the request, the Administrator will specify how much time the owner or operator will have after being notified of the intended disapproval to submit the additional information. (d) Use of an alternative monitoring or recordkeeping method. (2) If the Administrator approves the use of an alternative monitoring or recordkeeping method for a regulated source under paragraph (c) of this section, the owner or operator of such source shall continue to use the alternative monitoring or recordkeeping method unless he or she receives approval from the Administrator to use another method. (3) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative monitoring or recordkeeping method, requirement, or procedure, the Administrator may require the use of a method, requirement, or procedure specified in the relevant standard. If the results of the specified and alternative methods, requirements, or procedures do not agree, the results obtained by the specified method, requirement, or procedure shall prevail. (e) Alternative work practice for monitoring equipment for leaks. (1) Applicable subpart (2) Equipment (3) Imaging (4) Optical gas imaging instrument (5) Repair (6) Leak (i) Any emissions imaged by the optical gas instrument; (ii) Indications of liquids dripping; (iii) Indications by a sensor that a seal or barrier fluid system has failed; or (iv) Screening results using a 40 CFR part 60, appendix A-7, Method 21 monitor that exceed the leak definition in the applicable subpart to which the equipment is subject. (f) The alternative work practice standard for monitoring equipment for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and 65 that require monitoring of equipment with a 40 CFR part 60, appendix A-7, Method 21 monitor. (1) An owner or operator of an affected source subject to 40 CFR parts 60, 61, 63, or 65 can choose to comply with the alternative work practice requirements in paragraph (g) of this section instead of using the 40 CFR part 60, appendix A-7, Method 21 monitor to identify leaking equipment. The owner or operator must document the equipment, process units, and facilities for which the alternative work practice will be used to identify leaks. (2) Any leak detected when following the leak survey procedure in paragraph (g)(3) of this section must be identified for repair as required in the applicable subpart. (3) If the alternative work practice is used to identify leaks, re-screening after an attempted repair of leaking equipment must be conducted using either the alternative work practice or the 40 CFR part 60, appendix A-7, Method 21 monitor at the leak definition required in the applicable subparts to which the equipment is subject. (4) The schedule for repair is as required in the applicable subpart. (5) When this alternative work practice is used for detecting leaking equipment, choose one of the monitoring frequencies listed in Table 3 to subpart A of this part, in lieu of the monitoring frequency specified for regulated equipment in the applicable subpart. Reduced monitoring frequencies for good performance are not applicable when using the alternative work practice. (6) When this alternative work practice is used for detecting leaking equipment, the following are not applicable for the equipment being monitored: (i) Skip period leak detection and repair; (ii) Quality improvement plans; or (iii) Complying with standards for allowable percentage of valves and pumps to leak. (7) When the alternative work practice is used to detect leaking equipment, the regulated equipment in paragraph (f)(1)(i) of this section must also be monitored annually using a 40 CFR part 60, appendix A-7, Method 21 monitor at the leak definition required in the applicable subpart. The owner or operator may choose the specific monitoring period (for example, first quarter) to conduct the annual monitoring. Subsequent monitoring must be conducted every 12 months from the initial period. Owners or operators must keep records of the annual Method 21 screening results, as specified in paragraph (i)(4)(vii) of this section. (g) An owner or operator of an affected source who chooses to use the alternative work practice must comply with the requirements of paragraphs (g)(1) through (g)(5) of this section. (1) Instrument specifications. (i) Provide the operator with an image of the potential leak points for each piece of equipment at both the detection sensitivity level and within the distance used in the daily instrument check described in paragraph (g)(2) of this section. The detection sensitivity level depends upon the frequency at which leak monitoring is to be performed. (ii) Provide a date and time stamp for video records of every monitoring event. (2) Daily instrument check. (i) Calculate the mass flow rate to be used in the daily instrument check by following the procedures in paragraphs (g)(2)(i)(A) and (g)(2)(i)(B) of this section. (A) For a specified population of equipment to be imaged by the instrument, determine the piece of equipment in contact with the lowest mass fraction of chemicals that are detectable, within the distance to be used in paragraph (g)(2)(iv)(B) of this section, at or below the standard detection sensitivity level. (B) Multiply the standard detection sensitivity level, corresponding to the selected monitoring frequency in Table 3 of subpart A of this part, by the mass fraction of detectable chemicals from the stream identified in paragraph (g)(2)(i)(A) of this section to determine the mass flow rate to be used in the daily instrument check, using the following equation. Where: E dic x i sds E sds k = Total number of detectable chemicals emitted from the leaking equipment and seen by the optical gas imaging instrument. (ii) Start the optical gas imaging instrument according to the manufacturer's instructions, ensuring that all appropriate settings conform to the manufacturer's instructions. (iii) Use any gas chosen by the user that can be viewed by the optical gas imaging instrument and that has a purity of no less than 98 percent. (iv) Establish a mass flow rate by using the following procedures: (A) Provide a source of gas where it will be in the field of view of the optical gas imaging instrument. (B) Set up the optical gas imaging instrument at a recorded distance from the outlet or leak orifice of the flow meter that will not be exceeded in the actual performance of the leak survey. Do not exceed the operating parameters of the flow meter. (C) Open the valve on the flow meter to set a flow rate that will create a mass emission rate equal to the mass rate calculated in paragraph (g)(2)(i) of this section while observing the gas flow through the optical gas imaging instrument viewfinder. When an image of the gas emission is seen through the viewfinder at the required emission rate, make a record of the reading on the flow meter. (v) Repeat the procedures specified in paragraphs (g)(2)(ii) through (g)(2)(iv) of this section for each configuration of the optical gas imaging instrument used during the leak survey. (vi) To use an alternative method to demonstrate daily instrument checks, apply to the Administrator for approval of the alternative under § 65.7(b). (3) Leak survey procedure. (4) Recordkeeping. (i) The equipment, processes, and facilities for which the owner or operator chooses to use the alternative work practice. (ii) The detection sensitivity level selected from Table 3 to subpart A of this part for the optical gas imaging instrument. (iii) The analysis to determine the piece of equipment in contact with the lowest mass fraction of chemicals that are detectable, as specified in paragraph (g)(2)(i)(A) of this section. (iv) The technical basis for the mass fraction of detectable chemicals used in the equation in paragraph (g)(2)(i)(B) of this section. (v) The daily instrument check. (vi) Recordkeeping requirements in the applicable subpart. (vii) The results of the annual Method 21 screening required in paragraph (f)(7) of this section. (5) Reporting. [email protected]. [65 FR 78285, Dec. 14, 2000, as amended at 73 FR 78217, Dec. 22, 2008] § 65.8 Procedures for approval of alternative means of emission limitation. (a) Alternative means of emission limitation. Federal Register (1) The notice may condition the permission on requirements related to the operation and maintenance of the alternative means. (2) Any such notice shall be published only after public notice and an opportunity for a hearing. (b) Content of submittal. (2) The owner or operator who requests an alternative means of emission limitation shall submit a description of the proposed testing, monitoring, recordkeeping, and reporting that will be used and the proposed basis for demonstrating compliance. (3) For storage vessels, the owner or operator shall include the results of actual emissions tests using full-size or scale-model storage vessels that accurately collect and measure all regulated material emissions using a given control technique, and that accurately simulate wind and account for other emission variables such as temperature and barometric pressure, or an engineering analysis that the Administrator determines is an accurate method of determining equivalence. (4) For proposed alternatives to equipment leak requirements, the owner or operator shall also submit the information and meet the requirements for alternative means of emission limitation specified in § 65.102(b) (alternative means of emission limitation). (c) Manufacturers of equipment used to control equipment leaks of a regulated material may request a determination of equivalence for an alternative means of emission limitation for equipment leaks, as specified in § 65.102(c). (d) Compliance. § 65.9 Availability of information and confidentiality. (a) Availability of information. (b) Confidentiality. (2) The contents of a title V permit shall not be entitled to protection under section 114(c) of the Act; however, information submitted as part of an application for a title V permit may be entitled to protection from disclosure. § 65.10 State authority. (a) The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from adopting and enforcing any emission standard or limitation applicable to a regulated source, provided that such standard, limitation, prohibition, or other regulation is not less stringent than the standard applicable to such a regulated source. (b) The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from requiring the owner or operator of a regulated source to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of such a regulated source. § 65.11 Circumvention and prohibited activities. (a) Circumvention. (1) The use of diluents to achieve compliance with a relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere; and (2) The fragmentation of an operation for the purpose of avoiding regulation by a relevant standard. (b) Prohibited activities. (i) An extension or waiver of compliance granted by the Administrator under an applicable part; or (ii) An extension of compliance granted under an applicable part by a State with an approved permit program; or (iii) An exemption from compliance granted by the President under section 112(i)(4) of the Act. (2) After the effective date of an approved permit program in a State, no owner or operator of a regulated source in that State who is required under an applicable part to obtain a title V permit shall operate such source except in compliance with the provisions of this part and the applicable requirements of the permit program in that State. (3) An owner or operator of a regulated source who is subject to an emission standard promulgated under this part or a referencing part shall comply with the requirements of that standard by the date(s) established in the applicable subpart(s) (including this subpart) regardless of whether the following criteria are met: (i) A title V permit has been issued to that source; or (ii) If a title V permit has been issued to that source, whether such permit has been revised or modified to incorporate the emission standard. (c) Severability. § 65.12 Delegation of authority. (a) In delegating implementation and enforcement authority to a State under sections 111(c) and 112(l) of the Act, the authorities contained in paragraph (b) of this section shall be retained by the Administrator and not transferred to a State. (b) Authorities that will not be delegated to States: §§ 65.8, 65.46, 65.102, 65.156(b)(l)(ii), and 65.158(a)(2)(ii). § 65.13 Incorporation by reference. (a) The materials listed in this section are incorporated by reference in the corresponding sections noted. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval, and notice of any change in these materials will be published in the Federal Register. http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html (b) The materials listed in this paragraph (b) are available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; or University Microfilms International, 300 North Zeeb Road, Ann Arbor, Michigan 48106. (1) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by Gas Chromatography, IBR approved December 14, 2000 for §§ 65.64(e)(2) and 65.147(a)(4)(i) and (b)(3)(ii). (2) ASTM D2382-76, Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method). IBR approved December 14, 2000 for §§ 65.64(e)(1) and 65.147(b)(3)(ii). [65 FR 78285, Dec. 14, 2000, as amended at 69 FR 18803, Apr. 9, 2004] § 65.14 Addresses. (a) All requests, reports, applications, notifications, and other communications submitted pursuant to this part, except as specified under § 65.5(g)(1), shall be sent to the Administrator at the appropriate EPA Regional Office indicated in the following table: Table 1 to Paragraph ( a Region Address State I Director, Enforcement and Compliance Assurance Division, U.S. EPA Region I, 5 Post Office Square—Suite 100 (04-2), Boston, MA 02109-3912, Attn: Air Compliance Clerk Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, Vermont. II Director, Air and Waste Management Division, U.S. Environmental Protection Agency, 290 Broadway, New York, New York 10007 New Jersey, New York, Puerto Rico, Virgin Islands. III Director, Air and Waste Management Division, U.S. Environmental Protection Agency, 841 Chestnut Building, Philadelphia, Pennsylvania 19107 Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, West Virginia. IV Director, Air and Radiation Division, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960 Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, Tennessee. V Director, Air Management Division, U.S. Environmental Protection Agency, 77 West Jackson Boulevard, Chicago, Illinois 60604-3507 Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin. VI Director; Compliance Assurance and Enforcement Division; U.S. Environmental Protection Agency, 1201 Elm Street, Suite 500, Mail Code 6ECD, Dallas, Texas 75270-2102 Arkansas, Louisiana, New Mexico, Oklahoma, Texas. VII Director, Air and Waste Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219 Iowa, Kansas, Missouri, Nebraska. VIII Director, Air and Waste Management Division, U.S. Environmental Protection Agency, 999 18th Street, Suite 500, Denver, Colorado 80295 Colorado, Montana, North Dakota, South Dakota, Utah, Wyoming. IX Director, Air Division, U.S. Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA 94105 Arizona, California, Hawaii, Nevada; the territories of American Samoa and Guam; the Commonwealth of the Northern Mariana Islands; the territories of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake Islands; and certain U.S. Government activities in the freely associated states of the Republic of the Marshall Islands, the Federated States of Micronesia, and the Republic of Palau. X Director, Air and Waste Management Division, U.S. Environmental Protection Agency, 1200 Sixth Avenue, Seattle, Washington 98101 Alaska, Oregon, Idaho, Washington. (b) All information required to be submitted to the Administrator under this part shall also be submitted to the appropriate State agency of any State to which authority has been delegated under section 112(l) of the Act. The mailing addresses for State agencies are listed as follows: (1) Alabama. (2) Alaska. (3) Arizona. (4) Arkansas. (5) California. (ii) Antelope Valley Air Quality Management District, 43301 Division Street, Suite 206, Lancaster, CA 93535. (iii) Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109. (iv) Butte County Air Quality Management District, 2525 Dominic Drive, Suite J, Chico, CA 95928. (v) Calaveras County Air Pollution Control District, 891 Mountain Ranch Road, San Andreas, CA 95249. (vi) Colusa County Air Pollution Control District, 100 Sunrise Blvd., Suite A-3, Colusa, CA 95932-3246. (vii) El Dorado County Air Quality Management District, 2850 Fairlane Court, Bldg. C, Placerville, CA 95667-4100. (viii) Eastern Kern Air Pollution Control District, 2700 “M” Street, Suite 302, Bakersfield, CA 93301-2370. (ix) Feather River Air Quality Management District, 1007 Live Oak Blvd., Suite B-3, Yuba City, CA 95991. (x) Glenn County Air Pollution Control District, 720 N. Colusa Street, P.O. Box 351, Willows, CA 95988-0351. (xi) Great Basin Unified Air Pollution Control District, 157 Short Street, Suite 6, Bishop, CA 93514-3537. (xii) Imperial County Air Pollution Control District, 150 South Ninth Street, El Centro, CA 92243-2801. (xiii) Lake County Air Quality Management District, 885 Lakeport Blvd., Lakeport, CA 95453-5405. (xiv) Lassen County Air Pollution Control District, 707 Nevada Street, Suite 1, Susanville, CA 96130. (xv) Mariposa County Air Pollution Control District, P.O. Box 5, Mariposa, CA 95338. (xvi) Mendocino County Air Quality Management District, 306 E. Gobbi Street, Ukiah, CA 95482-5511. (xvii) Modoc County Air Pollution Control District, 619 North Main Street, Alturas, CA 96101. (xviii) Mojave Desert Air Quality Management District, 14306 Park Avenue, Victorville, CA 92392-2310. (xix) Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud Court, Monterey, CA 93940. (xx) North Coast Unified Air Quality Management District, 2300 Myrtle Avenue, Eureka, CA 95501-3327. (xxi) Northern Sierra Air Quality Management District, 200 Litton Drive, Suite 320, P.O. Box 2509, Grass Valley, CA 95945-2509. (xxii) Northern Sonoma County Air Pollution Control District, 150 Matheson Street, Healdsburg, CA 95448-4908. (xxiii) Placer County Air Pollution Control District, 3091 County Center Drive, Suite 240, Auburn, CA 95603. (xxiv) Sacramento Metropolitan Air Quality Management District, 777 12th Street, Third Floor, Sacramento, CA 95814-1908. (xxv) San Diego County Air Pollution Control District, 10124 Old Grove Road, San Diego, CA 92131-1649. (xxvi) San Joaquin Valley Air Pollution Control District, 1990 E. Gettysburg, Fresno, CA 93726. (xxvii) San Luis Obispo County Air Pollution Control District, 3433 Roberto Court, San Luis Obispo, CA 93401-7126. (xxviii) Santa Barbara County Air Pollution Control District, 260 North San Antonio Road, Suite A, Santa Barbara, CA 93110-1315. (xxix) Shasta County Air Quality Management District, 1855 Placer Street, Suite 101, Redding, CA 96001-1759. (xxx) Siskiyou County Air Pollution Control District, 525 So. Foothill Drive, Yreka, CA 96097-3036. (xxxi) South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, CA 91765-4182. (xxxii) Tehama County Air Pollution Control District, P.O. Box 8069 (1750 Walnut Street), Red Bluff, CA 96080-0038. (xxxiii) Tuolumne County Air Pollution Control District, 22365 Airport, Columbia, CA 95310. (xxxiv) Ventura County Air Pollution Control District, 669 County Square Drive, 2nd Floor, Ventura, CA 93003-5417. (xxxv) Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite 103, Davis, CA 95616-4882. (6) Colorado. (7) Connecticut. (8) Delaware. (9) Florida. (10) Georgia. (11) Hawaii. (12) Idaho. (13) Illinois. (14) Indiana. (15) Iowa. (16) Kansas. (17) Kentucky. (18) Louisiana. (19) Maine. (20) Maryland. (21) Massachusetts. (22) Michigan. (23) Minnesota. (24) Mississippi. (25) Missouri. (26) Montana. (27) Nebraska. (28) Nevada. (29) New Hampshire. (30) New Jersey. (31) New Mexico. (32) New York. (33) North Carolina. (34) North Dakota. (35) Ohio. (36) Oklahoma. (37) Oregon. (38) Pennsylvania. (39) Rhode Island. (40) South Carolina. (41) South Dakota. (42) Tennessee. (43) Texas. (44) Utah. (45) Vermont. (46) Virginia. (47) Washington. (48) West Virginia. (49) Wisconsin. (50) Wyoming. [65 FR 78285, Dec. 14, 2000, as amended at 75 FR 69353, Nov. 12, 2010; 76 FR 49673, Aug. 11, 2011; 78 FR 37977, June 25, 2013; 84 FR 34069, July 17, 2019; 84 FR 44230, Aug. 23, 2019; 89 FR 86749, Oct. 31, 2024] §§ 65.15-65.19 [Reserved] Table 1 to Subpart A of Part 65—Applicable 40 CFR Parts 60, 61, and 63 General Provisions A. 40 CFR part 60, subpart A provisions for referencing subparts Ka, Kb, VV, DDD, III, NNN, and RRR § 60.1, § 60.2, § 60.5, § 60.6, § 60.7(a)(1), and (a)(4), § 60.14, § 60.15, § 60.16 B. 40 CFR part 61, subpart A provisions for referencing subparts Y, V, and BB § 61.01, § 61.02, § 61.05, § 61.06, § 61.07, § 61.08, § 61.10(b), and (c), § 61.11, § 61.15 C. 40 CFR part 63, subpart A provisions for referencing subparts G and H § 63.1(a)(1), (a)(2), (a)(3), (a)(13), (a)(14), (b)(2) and (c)(4) § 63.2 § 63.5 (a)(1), (a)(2), (b), (d)(1)(ii), (d)(3)(i), a a a a a § 63.6 (a), (b)(3), (c)(5), (i)(1), (i)(2), (i)(4)(i)(A), (i)(5) through (i)(14), (i)(16) and (j) § 63.9(a)(2), (b)(4)(i), b b § 63.10(d)(4) § 63.12(b) a b Table 2 to Subpart A of Part 65—Applicable Referencing Subpart Provisions If you have been referenced You must comply with * * * 40 CFR part 60, subpart Ka 60.110a, 60.111a, and 60.115a 40 CFR part 60, subpart Kb 60.110b, 60.111b, 60.116b(c), (e), (f)(1), and (g) 40 CFR part 60, subpart VV 60.480, 60.481, 60.482-1(a), 60.485(d), (e), and (f), and 60.486(i) and (j), 60.488, and 60.489 40 CFR part 60, subpart DDD 60.560(a), (b) and (d) through (j), 60.561, 60.562-1, 60.562-2, and 60.565(g)(1) 40 CFR part 60, subpart III 60.610(a), (b) and (d), 60.611, 60.616, 60.617 40 CFR part 60, subpart NNN 60.660(a), (b), (c)(1) through (c)(3), (c)(5), (d), 60.661, 60.666, and 60.667 40 CFR part 60, subpart RRR 60.700(a), (b), (c)(1), (c)(3), (c)(5), (c)(6), (c)(7), (d), 60.701, 60.706, 60.707 40 CFR part 61, subpart V 61.240, 61.241, 61.245(d), 61.246(i) and (j), and 61.247(a) and (f) 40 CFR part 61, subpart Y 61.270, 61.271(d)(2), and 61.274(a) 40 CFR part 61, subpart BB 61.300 and 61.301 40 CFR part 63, subpart G For process vents, group 1 storage vessels, and group 1 transfer racks 63.100, 63.101, 63.104 and 63.105 of subpart F and 63.110 and 63.111 of subpart G 40 CFR part 63, subpart H 63.100, 63.101, 63.104 and 63.105 of subpart F, and 63.160, 63.161, 63.180(d) of subpart H Table 3 to Subpart A of Part 65—Detection Sensitivity Levels (grams per hour) Monitoring Frequency per Subpart a Detection Bi-Monthly 60 Semi-Quarterly 85 Monthly 100 a [73 FR 78219, Dec. 22, 2008] Subpart B [Reserved] Subpart C—Storage Vessels § 65.40 Applicability. (a) The provisions of this subpart and of subpart A of this part apply to control of regulated material emissions from surge control vessels, bottoms receivers, and other storage vessels where a referencing subpart references the use of this subpart for such emissions control. (b) If a physical or process change is made that causes a storage vessel to fall outside the criteria in the referencing subpart that required the storage vessel to control emissions of regulated material, the owner or operator may elect to no longer comply with the provisions of this subpart. Instead, the owner or operator shall comply with any applicable provisions of the referencing subpart. § 65.41 Definitions. All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. § 65.42 Control requirements. (a) For each storage vessel to which this subpart applies, the owner or operator shall comply with the requirements of paragraph (b) or (c) of this section. (b) For each storage vessel storing a liquid for which the maximum true vapor pressure of the total regulated material in the liquid is less than 76.6 kilopascals (10.9 pounds per square inch), the owner or operator shall reduce regulated material emissions to the atmosphere as provided in any one of the paragraphs (b)(1) through (7) of this section. (1) Internal floating roof (IFR). (2) External floating roof (EFR). (3) EFR converted to IFR. (4) Closed vent system and flare. (5) Closed vent system and control device. (i) Except as provided in paragraph (b)(5)(ii) of this section, the control device shall be designed and operated to reduce inlet emissions of regulated material by 95 percent or greater. (ii) For owners or operators referenced to this part from 40 CFR part 63, subpart G, and if the owner or operator of a storage vessel can demonstrate that a control device installed on the storage vessel on or before December 31, 1992 is designed to reduce inlet emissions of total organic HAP by greater than or equal to 90 percent but less than 95 percent, then the control device is required to be operated to reduce inlet emissions of total organic HAP by 90 percent or greater. (iii) Periods of planned routine maintenance of the control device, during which the control device does not meet the specifications of paragraph (b)(5)(i) or (ii) of this section, shall not exceed 240 hours per year. The owner or operator shall report the periods of planned routine maintenance as specified in § 65.166(d). (iv) The requirements in paragraph (b)(5)(i) of this section for control devices do not apply during periods of planned routine maintenance or during a control system malfunction. (6) Route to process or fuel gas system. (i) The liquid level in the storage vessel is not increased; (ii) The emissions are routed through a closed vent system to a control device complying with paragraph (b)(4) or (5) of this section; or (iii) The total aggregate amount of time during which the emissions bypass the fuel gas system or process during the calendar year without being routed to a control device, for all reasons (except startups/shutdowns/malfunctions or product changeovers of flexible operation units and periods when the storage vessel has been emptied and degassed), does not exceed 240 hours. (7) Equivalent requirements. (c) For each storage vessel storing a liquid for which the maximum true vapor pressure of the total regulated material in the liquid is greater than or equal to 76.6 kilopascals (10.9 pounds per square inch), the owner or operator shall meet the requirements in paragraph (b)(4), (5), or (6) of this section, or equivalent as provided in § 65.46. § 65.43 Fixed roof with an internal floating roof (IFR). (a) IFR design requirements. (1) The internal floating roof shall be designed to float on the stored liquid surface except when the floating roof must be supported by the leg supports. (2) Except as provided in paragraph (a)(3) of this section, the internal floating roof shall be equipped with a closure device between the wall of the storage vessel and the floating roof edge and shall consist of one of the following devices: (i) A liquid-mounted seal. (ii) A metallic shoe seal. (iii) Two continuous seals mounted one above the other. The lower seal may be vapor-mounted. (3) If the internal floating roof is equipped with a vapor-mounted seal as of December 31, 1992, paragraph (a)(2) of this section does not apply until the next time the storage vessel is emptied and degassed, or by April 22, 2004, whichever occurs first. (4) Except as provided in paragraph (a)(4)(viii) of this section, each internal floating roof shall meet the following specifications: (i) Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents is to provide a projection below the stored liquid surface. (ii) Except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains, each opening shall be equipped with a gasketed cover or gasketed lid. (iii) Each penetration of the internal floating roof shall be a sample well. Each sample well shall have a slit fabric cover that covers at least 90 percent of the opening. (iv) Each automatic bleeder vent and rim space vent shall be gasketed. (v) Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover. (vi) Each penetration of the internal floating roof that allows for passage of a column supporting the fixed roof shall have a flexible fabric sleeve seal or a gasketed sliding cover. (vii) Covers on each access hatch and each gauge float well shall be designed to be bolted or fastened when they are closed. (viii) If the internal floating roof does not meet any one of the specifications listed in paragraphs (a)(4)(i) through (vii) of this section as of December 31, 1992, the requirement for meeting those specifications does not apply until the next time the storage vessel is emptied and degassed, or by April 22, 2004, whichever occurs first. (b) IFR operational requirements. (1) The internal floating roof shall float on the stored liquid surface at all times except when the floating roof must be supported by the leg supports. (2) When the floating roof is resting on the leg supports, the process of filling or refilling shall be continuous and shall be accomplished as soon as practical and the owner or operator shall maintain the record specified in § 65.47(e). (3) Automatic bleeder vents are to be set to be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports. (4) Each cover, access hatch, gauge float well, or lid on any opening in the internal floating roof shall be maintained in a closed position at all times ( i.e., (c) IFR inspection requirements. (1) Single seal. (i) Visually inspect for IFR type A failures, the internal floating roof, and the seal through manholes and roof hatches on the fixed roof no less frequently than once every 12 months. (ii) Visually inspect for IFR type B failures, the internal floating roof, the seal, gaskets, slotted membranes, and sleeve seals (if any) each time the storage vessel is emptied, but no less frequently than once every 10 years. (2) Double seal. (i) Visually inspect for IFR type B failures, the internal floating roof, the primary seal, the secondary seal, gaskets, slotted membranes, and sleeve seals (if any) each time the storage vessel is emptied, but no less frequently than once every 5 years; or (ii) Visually inspect the internal floating roof and the other components as specified in the following: (A) For IFR type A failures, inspect the secondary seal through manholes and roof hatches on the fixed roof no less frequently than once every 12 months; and (B) For IFR type B failures, inspect the primary seal, the secondary seal, gaskets, slotted membranes, and sleeve seals (if any) each time the vessel is emptied, but no less frequently than once every 10 years. (3) For inspections to determine if any IFR type B failures are present as required by paragraphs (c)(1)(ii), (c)(2)(i), and (c)(2)(ii)(B) of this section, the owner or operator shall comply with the refilling notification requirements specified in § 65.48(c)(1). (4) After installing the control equipment required to comply with § 65.42(b)(1) or (3), visually inspect the internal floating roof, the primary seal, and the secondary seal (if one is in service) prior to filling the storage vessel with regulated material. If there are holes, tears, or other openings in the primary seal, the secondary seal, or the seal fabric, or defects in the internal floating roof, the owner or operator shall repair the items before filling the storage vessel. (d) IFR repair requirements. (1) If an IFR type A failure is observed, the owner or operator shall repair the items or empty and remove the storage vessel from service within 45 calendar days. If the failure cannot be repaired within 45 calendar days or if the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to two extensions of up to 30 additional calendar days each and keep the records specified in § 65.47(d). (2) If an IFR type B failure is determined, the owner or operator shall repair the items and comply with the refilling notification requirements of § 65.48(c)(1) before refilling the storage vessel with regulated material. § 65.44 External floating roof (EFR). (a) EFR design requirements. (1) The external floating roof shall be designed to float on the stored liquid surface except when the floating roof must be supported by the leg supports. (2) The external floating roof shall be equipped with a closure device between the wall of the storage vessel and the roof edge. (i) Except as provided in paragraph (a)(2)(iii) of this section, the closure device is to consist of two continuous seals, one above the other. The lower seal is referred to as the primary seal and the upper seal is referred to as the secondary seal. (ii) Except as provided in paragraph (a)(2)(iv) of this section, the primary seal shall be either a metallic shoe seal or a liquid-mounted seal. (iii) If the external floating roof is equipped with a liquid-mounted or metallic shoe primary seal as of December 31, 1992, the requirement for a secondary seal in paragraph (a)(2)(i) of this section does not apply until the next time the storage vessel is emptied and degassed, or by April 22, 2004, whichever occurs first. (iv) If the external floating roof is equipped with a vapor-mounted primary seal and a secondary seal as of December 31, 1992, the requirement for a liquid-mounted or metallic shoe primary seal in paragraph (a)(2)(ii) of this section does not apply until the next time the storage vessel is emptied and degassed, or by April 22, 2004, whichever occurs first. (3) The external floating roof shall meet the following specifications: (i) Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in the noncontact external floating roof shall provide a projection below the stored liquid surface except as provided in paragraph (a)(3)(xiii) of this section. (ii) Covers on each access hatch and each gauge float well shall be designed to be bolted or fastened when they are closed. (iii) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening shall be equipped with a gasketed cover, seal, or lid. (iv) Automatic bleeder vents and rim space vents shall be equipped with a gasket. (v) Each roof drain that empties into the stored liquid shall be equipped with a slotted membrane fabric cover that covers at least 90 percent of the area of the opening. (vi) Each unslotted and slotted guide pole well shall be equipped with a gasketed sliding cover or a flexible fabric sleeve seal. (vii) Except for antirotational devices equipped with a welded cap, each unslotted guide pole shall be equipped with a gasketed cap on the end of the pole. (viii) Each slotted guide pole shall be equipped with a gasketed float or other device that closes off the stored liquid surface from the atmosphere. (ix) Each gauge hatch/sample well shall be equipped with a gasketed cover. (x) Where a metallic shoe seal is in use as the primary seal, one end of the metallic shoe shall be designed to extend into the stored liquid and the other end shall extend a minimum vertical distance of 61 centimeters (24 inches) above the stored liquid surface. (xi) The secondary seal shall be designed to be installed above the primary seal so that it completely covers the space between the roof edge and the vessel wall. (xii) For the primary and secondary seals, there shall be no holes, tears, or other openings in the shoe, seal fabric, or seal envelope. (xiii) If each opening in a noncontact external floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents does not provide a projection below the liquid surface as of December 31, 1992, the requirement for providing these projections below the liquid surface does not apply until the next time the storage vessel is emptied and degassed, or by April 22, 2004, whichever occurs first. (b) EFR operational requirements. (1) The external floating roof shall float on the stored liquid surface at all times except when the floating roof must be supported by the leg supports. (2) When the floating roof is resting on the leg supports, the process of filling or refilling shall be continuous and shall be accomplished as soon as practical, and the owner or operator shall maintain the record specified in § 65.47(e). (3) Except for automatic bleeder vents, rim space vents, roof drains, and leg sleeves, each opening shall be maintained in a closed position ( i.e., (4) Covers on each access hatch and each gauge float well shall be bolted or fastened when they are closed. (5) Automatic bleeder vents are to be set to be closed at all times when the roof is floating except when the roof is being floated off or is being landed on the roof leg supports. (6) Rim space vents are to be set to open only when the roof is being floated off the roof leg supports or when the pressure beneath the rim seal exceeds the manufacturer's recommended setting. (7) The cap on the end of each unslotted guide pole shall be closed at all times except when gauging the stored liquid level or taking samples of the stored liquid. (8) The cover on each gauge hatch/sample well shall be closed at all times except when the hatch or well must be open for access. (9) Except during the inspections required by paragraph (c) of this section, both the primary seal and the secondary seal shall completely cover the annular space between the external floating roof and the wall of the storage vessel in a continuous fashion. (c) EFR inspection requirements. (1) Measurements of gaps between the vessel wall and the primary seal shall be performed no less frequently than once every 5 years and at the times specified in paragraphs (c)(1)(i) and (ii) of this section. The owner or operator shall maintain records of the EFR seal gap measurements as specified in § 65.47(c)(2). (i) During the hydrostatic testing of the vessel, by initial startup, or within 90 days of the initial fill with regulated material. (ii) For an external floating roof vessel equipped with a liquid-mounted or metallic shoe primary seal and without a secondary seal as provided for in paragraph (a)(2)(iii) of this section, measurements of gaps between the vessel wall and the primary seal shall be performed at least once per year until a secondary seal is installed. When a secondary seal is installed above the primary seal, measurements of gaps between the vessel wall and both the primary and secondary seals shall be performed within 90 calendar days of installation of the secondary seal and according to the frequency specified in paragraphs (c)(1) through (3) of this section thereafter. (2) Measurements of gaps between the vessel wall and the secondary seal shall be performed no less frequently than once per year and within 90 days of the initial fill with regulated material, within 90 days of installation of the secondary seal, or by initial startup. The owner or operator shall maintain records of the EFR seal gap measurements as specified in § 65.47(c)(2). (3) If any storage vessel ceases to store regulated material for a period of 1 year or more, measurements of gaps between the vessel wall and the primary seal, and gaps between the vessel wall and the secondary seal shall be performed within 90 days of the vessel being refilled with regulated material. The owner or operator shall maintain records of the EFR seal gap measurements as specified in § 65.47(c)(2). (4) If the tank contains regulated material, all primary seal inspections or gap measurements that require the removal or dislodging of the secondary seal shall be accomplished as soon as possible, and the secondary seal shall be replaced as soon as possible. (5) The owner or operator shall notify the Administrator 30 days before any EFR seal gap measurement as specified in § 65.48(c)(2). (6) Except as provided in paragraph (d) of this section, the owner or operator shall determine gap widths and gap areas in the primary and secondary seals (seal gaps) individually by the following procedures: (i) Seal gaps, if any, shall be measured at one or more floating roof levels when the roof is not resting on the roof leg supports. (ii) Seal gaps, if any, shall be measured around the entire circumference of the vessel in each place where a 0.32 centimeter ( 1/8 (iii) The total surface area of each gap described in paragraph (c)(6)(ii) of this section shall be determined by using probes of various widths to measure accurately the actual distance from the vessel wall to the seal and multiplying each such width by its respective circumferential distance. (7) The owner or operator shall add the gap surface area of each gap location for the primary seal and divide the sum by the nominal diameter of the vessel. The owner or operator shall include the calculations in the record of the seal gap measurement as specified in § 65.47(c)(2). For metallic shoe primary seals or liquid-mounted primary seals, the accumulated area of gaps between the vessel wall and the primary seal shall not exceed 212 square centimeters per meter of vessel diameter (10.0 square inches per foot of vessel diameter) and the width of any portion of any gap shall not exceed 3.81 centimeters (1.50 inches). (8) The owner or operator shall add the gap surface area of each gap location for the secondary seal and divide the sum by the nominal diameter of the vessel. The owner or operator shall include the calculations in the record of the seal gap measurement as specified in § 65.47(c)(2). The accumulated area of gaps between the vessel wall and the secondary seal used in combination with a metallic shoe seal or liquid-mounted primary seal shall not exceed 21.2 square centimeters per meter of vessel diameter (1.00 square inch per foot of vessel diameter) and the width of any portion of any gap shall not exceed 1.27 centimeters (0.50 inch). The secondary seal gap requirements may be exceeded during the measurement of primary seal gaps as required by paragraph (c)(1) of this section. (9) If the owner or operator determines that it is unsafe to perform the seal gap measurements or to inspect the vessel to determine compliance because the floating roof appears to be structurally unsound and poses an imminent or potential danger to inspecting personnel, the owner or operator shall comply with one of the following requirements: (i) The owner or operator shall measure the seal gaps or inspect the storage vessel no later than 30 calendar days after the determination that the roof is unsafe; or (ii) The owner or operator shall empty and remove the storage vessel from service no later than 45 calendar days after determining that the roof is unsafe. If the vessel cannot be emptied within 45 calendar days, the owner or operator may utilize up to two extensions of up to 30 additional calendar days each and comply with the recordkeeping requirements in § 65.47(d). (10) The owner or operator shall visually inspect for EFR failures, the external floating roof, the primary seal, secondary seal, and fittings prior to initial filling and each time the vessel is emptied (including initially before the vessel is filled with regulated material), shall maintain records of the EFR inspection results as specified in § 65.47(c)(1), and shall comply with the refilling notification requirements specified in § 65.48(c)(1). (d) EFR repair requirements. (2) If an EFR failure is observed by the inspection required by paragraph (c)(10) of this section, the owner or operator shall repair the items as necessary so that none of the conditions specified in paragraph (c)(10) of this section exist before filling or refilling the storage vessel with regulated material. § 65.45 External floating roof converted into an internal floating roof. The owner or operator who elects to control storage vessel regulated material emissions by using an external floating roof converted into an internal floating roof shall comply with the internal floating roof requirements of § 65.43 except § 65.43(a)(3), (b)(2), and (b)(3) and the external floating roof deck fitting requirements of § 65.44 except § 65.44(a)(1), (a)(2), (b)(1), (b)(8), (b)(9), (c), and (d), including the recordkeeping and reporting provisions referenced therein. § 65.46 Alternative means of emission limitation. Any person seeking permission to use an alternative means of compliance under this section shall use the procedures of § 65.8. § 65.47 Recordkeeping provisions. (a) Retention time. (b) Vessel dimensions and capacity. (c) Inspection results. (1) For each IFR or EFR inspection required by § 65.43(c)(1) and (2), or § 65.44(c)(10), respectively, a record containing the following information, as appropriate: (i) In the event that no IFR type A failure, IFR type B failure, or EFR failure is observed, a record showing that the inspection was performed. The record shall identify the storage vessel on which the inspection was performed, the date the storage vessel was inspected, and references indicating which items were inspected. (ii) In the event that an IFR type A failure, IFR type B failure, or EFR failure is observed, a record that identifies the storage vessel on which the inspection was performed, the date the storage vessel was inspected, a description of the failure and of the repair made, the date the vessel was emptied (if applicable), and the date that the repair was made. As specified in § 65.48(b)(1), the owner or operator shall include this record in the periodic report. (2) For each EFR seal gap measurement required by § 65.44(c)(1), (2), or (3), a record describing the results of the measurement. The record shall identify the vessel on which the measurement was performed, shall include the date of the measurement, the raw data obtained in the measurement, and the calculations described in § 65.44(c)(7) and (8), and shall meet the following two additional requirements, as appropriate: (i) In the event that the seal gap measurements do conform to the specifications in § 65.44(c)(7) and (8), the owner or operator shall submit the information specified in § 65.48(b)(2)(i) in the periodic report. (ii) In the event that the seal gap measurements do not conform to the specifications in § 65.44(c)(7) and (8), the owner or operator shall also keep a description of the repairs that were made, the date the repairs were made, and the date the storage vessel was emptied and shall include a report of the seal gap measurement results in the periodic report as specified in § 65.48(b)(2)(ii). (d) Emptying and repairing extension. (1) For an extension pursuant to § 65.43(d)(1) or § 65.44(d)(1), a description of the failure, documentation that alternative storage capacity is unavailable, and a schedule of actions that will ensure that the control equipment will be repaired or the vessel will be emptied as soon as practical. As specified in § 65.48(b)(1)(i), the owner or operator shall include this information in the periodic report. (2) For an extension pursuant to § 65.44(c)(9), an explanation of why it was unsafe to perform the inspection or seal gap measurement, documentation that alternate storage capacity is unavailable, and a schedule of actions that will ensure that the vessel will be emptied as soon as practical. As specified in § 65.48(b)(3), the owner or operator shall include this information in the periodic report. (e) Floating roof set on its legs. § 65.48 Reporting provisions. (a) Notification of initial startup. (b) Periodic reports. (1) Inspection results. (i) If an IFR type A failure or an EFR failure is observed for vessels for which inspections are required under § 65.43(c)(1)(i), § 65.43(c)(2)(ii)(A), or § 65.44(c)(10), each report shall include the inspection results record listed in § 65.47(c)(1)(ii). If an extension is utilized in accordance with § 65.43(d)(1) or § 65.44(d)(1), the report shall include the records listed in § 65.47(c)(1)(ii) plus the documentation specified in § 65.47(d)(1). (ii) If an IFR type B failure is observed for vessels for which inspections are required under § 65.43(c)(1)(ii), (c)(2)(i), or (c)(2)(ii)(B), each report shall include a copy of the records listed in § 65.47(c)(1)(ii). (2) Seal gap measurement results. (ii) For each seal gap measurement made in accordance with § 65.44(c) in which the requirements of § 65.44(c)(7) or (8) are not met, from the records kept pursuant to § 65.47(c)(2), report the date of the measurements, results of the calculations, and note which seal gap measurements did not conform to the specifications in § 65.44(c)(7) and (8). (3) Extension documentation. (c) Special notifications. (1) Refilling notification. (i) Notify the Administrator in writing at least 30 calendar days prior to the refilling of each storage vessel; or (ii) If the inspection is not planned and the owner or operator could not have known about the inspection 30 calendar days in advance of refilling the vessel, the owner or operator shall notify the Administrator as soon as practical, but no later than 7 calendar days prior to the refilling of the storage vessel. Notification may be made by telephone and immediately followed by written documentation demonstrating why the inspection was unplanned. Alternatively, the notification including the written documentation may be made in writing and sent so that it is received by the Administrator at least 7 calendar days prior to refilling. (2) Seal gap measurement notification. (i) Notify the Administrator in writing at least 30 calendar days in advance of any seal gap measurements; or (ii) If the seal gap measurements are not planned and the owner or operator could not have known about the seal gap measurements 30 calendar days in advance, the owner or operator shall notify the Administrator as soon as practical, but no later than 7 calendar days prior to the seal gap measurements. Notification may be made by telephone and immediately followed by written documentation demonstrating why the seal gap measurements were unplanned. Alternatively, the notification including the written documentation may be made in writing and sent so that it is received by the Administrator at least 7 calendar days prior to refilling. (3) Notification waiver. (d) Compliance certification. §§ 65.49-65.59 [Reserved] Subpart D—Process Vents § 65.60 Applicability. The provisions of this subpart and of subpart A of this part apply to regulated material emissions from process vents where a referencing subpart references the use of this subpart. § 65.61 Definitions. All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. § 65.62 Process vent group determination. (a) Group status. (b) Group 1. (1) The owner or operator designates the process vent as Group 1. (2) At representative operating conditions expected to yield the lowest TRE index value for the process vent, the TRE index value is less than or equal to 1.0, the flow rate is greater than or equal to 0.011 standard cubic meter per minute (0.40 standard cubic foot per minute), and the concentration is greater than or equal to the applicable criterion in table 1 of this subpart. Procedures for determining the TRE index value, flow rate, and concentration are specified in § 65.64. (c) Group 2A. (d) Group 2B. § 65.63 Performance and group status change requirements. (a) Group 1 performance requirements. (1) Flare. (2) 98 percent or 20 parts per million standard. (i) Compliance with paragraph (a)(2) of this section may be achieved by using any combination of recovery and/or control device to meet the 20 parts per million by volume concentration standard; or by using any combination of recovery and/or control device to meet the 98 weight percent reduction standard, if the recovery device meets the conditions of paragraph (a)(2)(ii) of this section. (ii) An owner or operator may use a recovery device alone or in combination with one or more control devices to reduce emissions of total regulated material by 98 weight-percent if all of the following conditions are met: (A) For process vents referenced to this part by 40 CFR part 63, subpart G, the recovery device (and any control device that operates in combination with the recovery device to reduce emissions of total regulated material by 98 weight-percent) was installed before December 31, 1992. (B) The recovery device that will be used to reduce emissions of total regulated material by 98 weight-percent is the last recovery device before emission to the atmosphere. (C) The recovery device alone or in combination with one or more control devices is capable of reducing emissions of total regulated material by 98 weight-percent but is not capable of reliably reducing emissions of total regulated material to a concentration of 20 parts per million by volume. (D) If the owner or operator disposed of the recovered material, the recovery device would be considered a control device and comply with the requirements of this subpart and § 65.142(b) for control devices. (3) TRE index value. (b) Halogenated Group 1 performance requirement. (1) Halogen reduction device following combustion. (i) Except as provided in paragraph (b)(1)(ii) of this section, the halogen reduction device shall reduce overall emissions of hydrogen halides and halogens by 99 percent or shall reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilogram per hour (0.99 pound per hour), whichever is less stringent. The owner or operator shall meet the requirements in § 65.142(b). (ii) If a scrubber or other halogen reduction device was installed prior to December 31, 1992, the device shall reduce overall emissions of hydrogen halides and halogens by 95 percent or shall reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilogram per hour (0.99 pound per hour), whichever is less stringent. The owner or operator shall meet the requirements in § 65.142(b). (2) Halogen reduction device prior to combustion. (c) Performance requirements for Group 2A process vents with recovery devices. (d) Performance requirements for Group 2A process vents without recovery devices. (1) Parameter monitoring. (2) Demonstration methods and procedures. (3) Monitoring, recordkeeping, and reporting frequency. (e) Group 2B performance requirements. (f) Group 2A or 2B process change requirements. (1) Flow rate. (2) Concentration. (3) TRE index value. (4) Group status change to Group 1. (i) The owner or operator shall submit to the Administrator for approval a compliance schedule, along with a justification for the schedule. (ii) The compliance schedule shall be submitted with the operating permit application or amendment or by other appropriate means. (iii) The Administrator shall approve the compliance schedule or request changes within 120 calendar days of receipt of the compliance schedule and justification. (5) Group status change to Group 2A. (6) Group status change to Group 2B. § 65.64 Group determination procedures. (a) General. (b)(1) Sampling site. (2) Sampling site when a halogen reduction device is used prior to a combustion device. (3) Sampling site selection method. (c) TOC or HAP concentration. (1) Method 18. (i) The minimum sampling time for each run shall be 1 hour in which either an integrated sample or four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (ii) The concentration of either TOC (minus methane and ethane) or organic HAP emissions shall be calculated using the following two procedures, as applicable. (A) The TOC concentration (C TOC Where: C TOC x = Number of samples in the sample run. n = Number of components in the sample. C ji (B) The total organic HAP concentration (C HAP (2) Method 25A. (i) Method 25A of appendix A of 40 CFR part 60 shall be used only if a single organic compound of regulated material is greater than 50 percent of total organic HAP or TOC, by volume, in the process vent. (ii) The process vent composition may be determined by either process knowledge, test data collected using an appropriate EPA method, or a method or data validated according to the protocol in Method 301 of appendix A of 40 CFR part 63. Examples of information that could constitute process knowledge include calculations based on material balances, process stoichiometry, or previous test results provided the results are still relevant to the current process vent conditions. (iii) The organic compound used as the calibration gas for Method 25A of appendix A of 40 CFR part 60 shall be the single organic compound of regulated material present at greater than 50 percent of the total organic HAP or TOC by volume. (iv) The span value for Method 25A of appendix A of 40 CFR part 60 shall be equal to the appropriate concentration value in table 1 to this subpart. (v) Use of Method 25A of appendix A of 40 CFR part 60 is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (vi) The owner or operator shall demonstrate that the concentration of TOC including methane and ethane measured by Method 25A of appendix A of 40 CFR part 60 is below one-half the appropriate value in table 1 to this subpart to be considered a Group 2B vent with an organic HAP or TOC concentration below the appropriate value in table 1 to this subpart. (d) Volumetric flow rate. S (1) Use Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60, as appropriate. If the process vent tested passes through a final steam jet ejector and is not condensed, the stream volumetric flow shall be corrected to 2.3 percent moisture; or (2) The engineering assessment procedures in paragraph (i) of this section can be used for determining volumetric flow rates. (e) Heating value. (1) The net heating value of the process vent shall be calculated using Equation 64-2 of this section: Where: H T S K 1 −7 −1 n = Number of components in the sample. D j H j (2) The molar composition of the process vent (D j (i) Method 18 of appendix A of 40 CFR part 60 to measure the concentration of each organic compound. (ii) American Society for Testing and Materials (ASTM) D1946-77 (incorporated by reference as specified in § 65.13) to measure the concentration of carbon monoxide and hydrogen. (iii) Method 4 of appendix A of 40 CFR part 60 to measure the moisture content of the stack gas. (f) TOC or HAP emission rate. TOC HAP Where: E = Emission rate of TOC (minus methane and ethane) (E TOC HAP K 2 −6 n = Number of components in the sample. C j j M j Q s (g) Halogenated vent determination. (1) The process vent concentration of each organic compound containing halogen atoms (parts per million by volume, by compound) shall be determined based on one of the following procedures: (i) Process knowledge that no halogen or hydrogen halides are present in the process vent; or (ii) Applicable engineering assessment as discussed in paragraph (i)(3) of this section; or (iii) Concentration of organic compounds containing halogens measured by Method 18 of appendix A of 40 CFR part 60; or (iv) Any other method or data that have been validated according to the applicable procedures in Method 301 of appendix A of 40 CFR part 63. (2) Equation 64-4 of this section shall be used to calculate the mass emission rate of halogen atoms: Where: E = Mass of halogen atoms, dry basis, kilogram per hour. K 2 − 6 −1 Q = Flow rate of gas stream, dry standard cubic meters per minute, determined according to paragraph (d) or (i) of this section. n = Number of halogenated compounds j in the gas stream. j = Halogenated compound j in the gas stream. m = Number of different halogens i in each compound j of the gas stream. i = Halogen atom i in compound j of the gas stream. C j L ji M ji (h) TRE index value. (1) TRE index value equation. Where: TRE = TRE index value. A, B, C, D, E, and F = Parameters presented in tables 2 and 3 of this subpart that include the following variables: Q = Process vent flow rate, standard cubic meters per minute, at a standard temperature of 20 °C, as calculated according to paragraph (d) or (i) of this section. H = Process vent net heating value, megajoules per standard cubic meter, as calculated according to paragraph (e) or (i) of this section. E TOC E HAP (2) Nonhalogenated process vents. (i) TRE calculations: Part 60 regulated sources. (ii) TRE calculations: Part 63 regulated sources. (3) Halogenated process vents. (i) TRE Calculations: Part 60 regulated sources. (ii) TRE calculations: Part 63 regulated sources. (i) Engineering assessment. (1) If the TRE index value calculated using such engineering assessment and the TRE index value equation in paragraph (h) of this section is greater than 4.0, then the owner or operator is not required to perform the measurements specified in paragraphs (c) through (g) of this section. (2) If the TRE index value calculated using such engineering assessment and the TRE index value equation in paragraph (h) of this section is less than or equal to 4.0, then the owner or operator is required either to perform the measurements specified in paragraphs (c) through (g) of this section for group determination or to consider the process vent a Group 1 process vent and comply with the requirement (or standard) specified in § 65.63(a) and, if applicable, § 65.63(b). (3) Engineering assessment includes, but is not limited to, the examples specified in paragraphs (i)(3)(i) through (iv) of this section. (i) Previous test results provided the tests are representative of current operating practices at the process unit. (ii) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (iii) Maximum flow rate, TOC emission rate, organic HAP emission rate, organic HAP or TOC concentration, or net heating value limit specified or implied within a permit limit applicable to the process vent. (iv) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. Examples of analytical methods include, but are not limited to, the following examples: (A) Use of material balances based on process stoichiometry to estimate maximum TOC or organic HAP concentrations; (B) Estimation of maximum flow rate based on physical equipment design such as pump or blower capacities; (C) Estimation of TOC or organic HAP concentrations based on saturation conditions; and (D) Estimation of maximum expected net heating value based on the stream concentration of each organic compound or, alternatively, as if all TOC in the stream were the compound with the highest heating value. (4) All data, assumptions, and procedures used in the engineering assessment shall be documented. The owner or operator shall maintain the records specified in § 65.66(a), (b), (c), or (d), as applicable. § 65.65 Monitoring. (a) An owner or operator of a Group 2A process vent maintaining a TRE index value greater than 1.0 without a recovery device shall monitor based on the approved plan as specified in § 65.63(d). (b) As required in § 65.63(a) and (c), an owner or operator of a Group 2A process vent maintaining a TRE index value greater than 1.0 with a recovery device or a Group 1 process vent shall comply with § 65.142(b). § 65.66 Recordkeeping provisions. (a) TRE index value records. (b) Flow rate records. (c) Concentration records. (d) Process change records. (1) If the process vent is Group 2B on the basis of flow rate being less than 0.011 scmm (0.40 standard cubic foot), then the owner or operator shall keep records of any process changes as defined in § 65.63(f) that increase the process vent flow rate and any recalculation or measurement of the flow rate pursuant to § 65.63(f). (2) If the process vent is Group 2B on the basis of organic HAP or TOC concentration being less than the applicable value in table 1 to this subpart, then the owner or operator shall keep records of any process changes as defined in § 65.63(f) that increase the organic HAP or TOC concentration of the process vent and any recalculation or measurement of the concentration pursuant to § 65.63(f). (3) If the process vent is Group 2A or Group 2B on the basis of the TRE index value being greater than 1.0, then the owner or operator shall keep records of any process changes as defined in § 65.63(f) and any recalculation of the TRE index value pursuant to § 65.63(f). (4) As a result of a process change, if a process vent that was Group 2B on any basis becomes a Group 2B process vent only on the basis of having a TRE greater than 4.0, then the owner or operator shall keep records of the TRE index value determination performed according to the sample site and TRE index value determination procedures of § 65.64(b)(1) and (h) or determined through engineering assessment as specified in § 65.64(i). (e) Other Group 2A records. § 65.67 Reporting provisions. (a) Initial compliance status report. (b) Process change. (i) A description of the process change; (ii) The results of the recalculation of the flow rate, organic HAP or TOC concentration, and/or TRE index value required under § 65.63(f) and recorded under § 65.66(d); and (iii) A statement that the owner or operator will comply with the provisions of § 65.63 by the schedules specified in § 65.63(f)(4) through (6). (2) For process vents that become Group 1 process vents after a process change requiring a performance test to be conducted for the control device being used as specified in subpart G of this part, the owner or operator shall specify that the performance test has become necessary due to a process change. This specification shall be made in the notification to the Administrator of the intent to conduct a performance test as provided in § 65.164(b)(1). (3) Whenever a process change as described in § 65.63(f) is made that changes the group status of a process vent from Group 1 to Group 2A, or from Group 1 to Group 2B, or from Group 2A to Group 2B, the owner or operator shall include a statement in the next periodic report after the process change that a process change has been made and the new group status of the process vents. (4) The owner or operator is not required to submit a report of a process change if one of the following conditions is met: (i) The change does not meet the definition of a process change in § 65.63(f); or (ii) For a Group 2B process vent, the vent stream flow rate is recalculated according to § 65.63(f) and the recalculated value is less than 0.011 standard cubic meter per minute (0.40 standard cubic foot per minute); or (iii) For a Group 2B process vent, the organic HAP or TOC concentration of the vent stream is recalculated according to § 65.63(f), and the recalculated value is less than the applicable value in table 1 to this subpart; or (iv) For a Group 2B process vent, the TRE index value is recalculated according to § 65.63(f) and the recalculated value is greater than 4.0. (c) Parameters for Group 2A without a recovery device. §§ 65.68-65.79 [Reserved] Table 1 to Subpart D of Part 65—Concentration for Group Determination Referencing subpart Concentration 1 Subpart III of Part 60 NA. Subpart NNN of Part 60 300 ppmv of TOC. Subpart RRR of Part 60 300 ppmv of TOC. Subpart G of Part 63 50 ppmv of HAP 2 1 2 Table 2 to Subpart D of Part 65—TRE Parameters for NSPS Referencing Subparts a Halogenated vent stream? Net heating value b Vent stream flow rate (scm/min) c Values of terms for TRE equation: TRE = A * [ B + C + D + E + F ] Equation number A B C D E F Yes 0≤H ≤3.5 Q <14.2 1/E TOC 30.96334 0 0 −0.13064QH 0 1 14.2≤Q ≤18.8 1/E TOC 19.18370 0.27580Q 0.757620Q 0.88 −0.13064QH 0.01025Q 0.5 2 18.8<Q ≤699 1/E TOC 20.00563 0.27580Q 0.303870Q 0.88 −0.13064QH 0.01025Q 0.5 3 699<Q ≤1400 1/E TOC 39.87022 0.29973Q 0.303870Q 0.88 −0.13064QH 0.01449Q 0.5 4 1400<Q ≤2100 1/E TOC 59.73481 0.31467Q 0.303870Q 0.88 −0.13064QH 0.01775Q 0.5 5 2100<Q ≤2800 1/E TOC 79.59941 0.32572Q 0.303870Q 0.88 −0.13064QH 0.02049Q 0.5 6 2800<Q ≤3500 1/E TOC 99.46400 0.33456Q 0.303870Q 0.88 −0.13064QH 0.02291Q 0.5 7 H >3.5 Q <14.2 1/E TOC 20.61052 0 0 0 0 8 14.2≤Q ≤18.8 1/E TOC 18.84466 0.26742Q −0.200440Q 0.88 0 0.01025Q 0.5 9 18.8<Q ≤699 1/E TOC 19.66658 0.26742Q −0.253320Q 0.88 0 0.01025Q 0.5 10 699<Q ≤1400 1/E TOC 39.19213 0.29062Q −0.253320Q 0.88 0 0.01449Q 0.5 11 1400<Q ≤2100 1/E TOC 58.71768 0.30511Q −0.253320Q 0.88 0 0.01775Q 0.5 12 2100<Q ≤2800 1/E TOC 78.24323 0.31582Q −0.253320Q 0.88 0 0.02049Q 0.5 13 2800<Q ≤3500 1/E TOC 97.76879 0.32439Q −0.253320Q 0.88 0 0.02291Q 0.5 14 No 0≤H ≤0.48 Q <14.2 1/E TOC 11.01250 0 0 −0.17109QH 0 15 14.2≤Q ≤1340 1/E TOC 8.54245 0.10555Q 0.090300Q 0.88 −0.17109QH 0.01025Q 0.5 16 1340<Q ≤2690 1/E TOC 16.94386 0.11470Q 0.090300Q 0.88 −0.17109QH 0.01449Q 0.5 17 2690<Q ≤4040 1/E TOC 25.34528 0.12042Q 0.090300Q 0.88 −0.17109QH 0.01775Q 0.5 18 0.48<H ≤1.9 Q <14.2 1/E TOC 13.45630 0 0 −0.16181QH 0 19 14.2≤Q ≤1340 1/E TOC 9.25233 0.06105Q 0.319370Q 0.88 −0.16181QH1 0.01025Q 0.5 20 1340<Q ≤2690 1/E TOC 18.36363 0.06635Q 0.319370Q 0.88 −0.16181QH 0.01449Q 0.5 21 2690<Q ≤4040 1/E TOC 27.47492 0.06965Q 0.319370Q 0.88 −0.16181QH 0.01775Q 0.5 22 1.9<H ≤3.6 Q <14.2 1/E TOC 7.96988 0 0 0 0 23 14.2≤Q ≤1180 1/E TOC 6.67868 0.06943Q 0.025820Q 0.88 0 0.01025Q 0.5 24 1180<Q ≤2370 1/E TOC 13.21633 0.07546Q 0.025820Q 0.88 0 0.01449Q 0.5 25 2370<Q ≤3550 1/E TOC 19.75398 0.07922Q 0.025820Q 0.88 0 0.01775Q 0.5 26 H >3.6 Q <14.2 1/E TOC 6.67868 0 0.02220Q 0.88 0.88 −0.00707QH 0.02036H 0.5 27 Q ≥14.2 and 1/E TOC 6.67868 0 0.02220Q 0.88 0.88 −0.00707QH 0.00540Q 0.5 0.5 28 Q ≥14.2 and 1/E TOC 13.21633 0 0.02412Q 0.88 0.88 −0.00707QH 0.00764Q 0.5 0.5 29 Q ≥14.2 and 1/E TOC 19.75398 0 0.02533Q 0.88 0.88 −0.00707QH 0.00936Q 0.5 0.5 30 No 0≤H <11.2 All 1/E TOC 2.08 2.25Q 0.288Q 0.8 −0.193QH −0.0051E TOC 31 H ≥11.2 All 1/E TOC 2.08 0.309Q 0.0619Q 0.8 −0.0043QH −0.0043E TOC 32 a b c Table 3 to Subpart D of Part 65—TRE Parameters for HON Referencing Subparts a Existing or new? Halogenated vent stream? Values of terms for TRE equation: TRE = A * [ B + C + D + E + F ] A B C D E F Equation number Existing Yes 1/E HAP 3.995 0.05200Q 0 −0.001769H 0.0009700E TOC 33 No 1/E HAP 1.935 0.3660Q 0 −0.007687H −0.000733E TOC 34 1/E HAP 1.492 0.06267Q 0 0.03177H −0.001159E TOC 35 1/E HAP 2.519 0.01183Q 0 0.01300H 0.04790E TOC 36 New Yes 1/E HAP 1.0895 0.01417Q 0 −0.000482H 0.0002645E TOC 37 No 1/E HAP 0.5276 0.0998Q 0 −0.002096H −0.0002000E TOC 38 1/E HAP 0.4068 0.0171Q 0 0.008664H −0.000316E TOC 39 1/E HAP 0.6868 0.00321Q 0 0.003546H 0.01306E TOC 40 a Subpart E—Transfer Racks § 65.80 Applicability. (a) The provisions of this subpart and of subpart A of this part apply to control of regulated material emissions from transfer racks where a referencing subpart references the use of this subpart for such emissions control. (b) If a physical or process change is made that causes a transfer rack to fall outside the criteria in the referencing subpart that required the transfer rack to control emission of regulated material, the owner or operator may elect to comply with the provisions for transfer racks not subject to control contained in the referencing subpart instead of the provisions of this subpart. § 65.81 Definitions. All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. § 65.82 Design requirements. (a) The owner or operator shall equip each transfer rack with either one of the following equipment: (1) A closed vent system which routes the regulated material vapors to a control device as provided in § 65.83(a)(1) and (2). (2) Process piping which routes the regulated material vapors to a process or a fuel gas system as provided in § 65.83(a)(4), or to a vapor balance system as provided in § 65.83(a)(3). (b) Each closed vent system shall be designed to collect the regulated material displaced from tank trucks or railcars during loading and to route the collected regulated material to a control device as provided in § 65.83(a)(1) and (2). (c) Process piping shall be designed to collect the regulated material displaced from tank trucks or railcars during loading and to route the collected regulated material vapors to a process or a fuel gas system as provided in § 65.83(a)(4), or to a vapor balance system as provided in § 65.83(a)(3). (d) Each closed vent system shall meet the applicable requirements of § 65.143. (e) If the collected regulated material vapors are routed to a process or a fuel gas system as provided in § 65.83(a)(4), then each owner or operator shall meet the applicable requirements of § 65.142(c). § 65.83 Performance requirements. (a) The owner or operator of the transfer rack shall comply with paragraph (a)(1), (2), (3), or (4) of this section. (1) 98 Percent or 20 parts per million by volume standard. (2) Flare. (3) Vapor balancing. (4) Route to a process or fuel gas system. (i) Recycled and/or consumed in the same manner as a material that fulfills the same function in that process; (ii) Transformed by chemical reaction into materials that are not regulated materials; (iii) Incorporated into a product; and/or (iv) Recovered. (b) Additional control requirements for halogenated vent streams. (1) Halogen reduction device following combustion. (i) Except as provided in paragraph (b)(1)(ii) of this section, the halogen reduction device shall reduce overall emissions of hydrogen halides and halogens by 99 percent or shall reduce the outlet mass emission rate of total hydrogen halides and halogens to 0.45 kilogram per hour (0.99 pound per hour) or less, whichever is less stringent. The owner or operator shall meet the applicable requirements of § 65.142(c). (ii) If a scrubber or other halogen reduction device was installed prior to December 31, 1992, the halogen reduction device shall reduce overall emissions of hydrogen halides and halogens by 95 percent or shall reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilogram per hour (0.99 pound per hour), whichever is less stringent. The owner or operator shall meet the applicable requirements of § 65.142(c). (2) Halogen reduction device prior to combustion. § 65.84 Operating requirements. (a) Closed vent systems or process piping. (1) A closed vent system which routes the regulated material vapors to a control device as provided in § 65.83(a)(1) and (2). (2) Process piping which routes the regulated material vapors to a process or a fuel gas system as provided in § 65.83(a)(4) or to a vapor balance system as provided in § 65.83(a)(3). (b) Control device operation. (c) Tank trucks and railcars. (1) Have a current certification in accordance with the U.S. Department of Transportation (DOT) pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars; or (2) Have been demonstrated to be vapor-tight within the preceding 12 months as determined by the procedures in § 65.85(a). Vapor-tight means that the pressure in a truck or railcar tank will not drop more than 750 pascals (0.11 pound per square inch) within 5 minutes after it is pressurized to a minimum of 4,500 pascals (0.65 pound per square inch). (d) Pressure relief device. (e) Compatible system. (f) Loading while systems connected. § 65.85 Procedures. (a) Vapor tightness. (1) The pressure test procedures specified in Method 27 of appendix A of 40 CFR part 60; and (2) A pressure measurement device that has a precision of ±2.5 millimeters of mercury (0.10 inch) or better and that is capable of measuring above the pressure at which the tank truck or railcar is to be tested for vapor tightness. (b) Engineering assessment. (1) Previous test results, provided the tests are representative of current operating practices at the process unit. (2) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (3) Maximum flow rate or halogen emission rate specified or implied within a permit limit applicable to the process vent. (4) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. (5) All data, assumptions, and procedures used in the engineering assessment shall be documented. (c) Halogenated vent stream determination. (1) The vent stream concentration of each organic compound containing halogen atoms (parts per million by volume by compound) shall be determined based on any of the following procedures: (i) Process knowledge that no halogen or hydrogen halides are present in the vent stream; or (ii) Applicable engineering assessment as specified in paragraph (b) of this section; or (iii) Concentration of organic compounds containing halogens measured by Method 18 of appendix A of 40 CFR part 60; or (iv) Any other method or data that have been validated according to the applicable procedures in Method 301 of appendix A of 40 CFR part 63. (2) Equation 85-1 of this section shall be used to calculate the mass emission rate of halogen atoms: Where: E = Mass of halogen atoms, dry basis, kilograms per hour. K 2 −6 −1 V s n = Number of halogenated compounds j in the gas stream. j = Halogenated compound j in the gas stream. m = Number of different halogens i in each compound j of the gas stream. i = Halogen atom i in compound j of the gas stream. C j L ji M ji § 65.86 Monitoring. The owner or operator of a transfer rack equipped with a closed vent system and control device pursuant to § 65.83(a)(1) or (2) shall monitor the closed vent system and control device as required under the applicable paragraphs specified in § 65.142(c). § 65.87 Recordkeeping provisions. The owner or operator of a transfer rack shall record that either the verification of U.S. Department of Transportation (DOT) tank certification or Method 27 of appendix A of 40 CFR part 60 testing required in § 65.84(c) has been performed. Various methods for the record of verification can be used, such as a check off on a log sheet, a list of DOT serial numbers or Method 27 data, or a position description for gate security showing that the security guard will not allow any trucks on-site that do not have the appropriate documentation. §§ 65.88-65.99 [Reserved] Subpart F—Equipment Leaks § 65.100 Applicability. (a) Equipment subject to this subpart. (b) Equipment in vacuum service. (c) Equipment in service less than 300 hours per calendar year. (d) Lines and equipment not containing process fluids. § 65.101 Definitions. All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. § 65.102 Alternative means of emission limitation. (a) Performance standard exemption. (b) Requests by owners or operators. (c) Requests by manufacturers of equipment. (2) The Administrator will grant permission according to the provisions of paragraph (d) of this section. (d) Permission to use an alternative means of emission limitation. (1) Where the standard is an equipment, design, or operational requirement, the following requirements apply: (i) Each owner or operator applying for permission to use an alternative means of emission limitation shall be responsible for collecting and verifying emission performance test data for an alternative means of emission limitation. (ii) The Administrator will compare test data for the means of emission limitation to test data for the equipment, design, and operational requirements. (iii) The Administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve at least the same emission reduction as the equipment, design, and operational requirements of this subpart. (2) Where the standard is a work practice, the following requirements apply: (i) Each owner or operator applying for permission to use an alternative means of emission limitation shall be responsible for collecting and verifying test data for the alternative. (ii) The owner or operator shall demonstrate the emission reduction achieved by the required work practice and the proposed alternative means of emission limitation. (iii) The Administrator will compare the demonstrated emission reduction for the alternative means of emission limitation to the demonstrated emission reduction for the required work practices and will consider the commitment in paragraph (d)(2)(iv) of this section. (iv) The Administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve the same or greater emission reduction as the required work practices of this subpart. (3) An owner or operator may offer a unique approach to demonstrate the alternative means of emission limitation. (4) If in the judgment of the Administrator an alternative means of emission limitation will be approved, the Administrator will publish a notice of the determination in the Federal Register § 65.103 Equipment identification. (a) General equipment identification. (b) Additional equipment identification. (1) Connectors. (2) [Reserved] (3) Routed to a process or fuel gas system or equipped with a closed vent system and control device. (4) Pressure relief devices. (5) Instrumentation systems. (6) Equipment in service less than 300 hours per calendar year. (c) Special equipment designations: Equipment that is unsafe or difficult-to-monitor Designation and criteria for unsafe-to-monitor. (2) Designation and criteria for difficult-to-monitor. (i) Valves. (A) Determines that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters (7 feet) above a support surface, or it is not accessible in a safe manner when it is in regulated material service, and the process unit within which the valve is located is a regulated source for which the owner or operator commenced construction, reconstruction, or modification prior to the compliance date of the referencing subpart; or (B) Designates less than 3 percent of the total number of valves within the process unit as difficult-to-monitor. (ii) Agitators. (3) Identification of unsafe or difficult-to-monitor equipment. (4) Written plan requirements. (ii) The owner or operator of equipment designated as difficult-to-monitor according to the provisions of paragraph (c)(2) of this section shall have a written plan that requires monitoring of the equipment at least once per calendar year and repair of the equipment according to the procedures in § 65.105 if a leak is detected. (d) Special equipment designations: Equipment that is unsafe to repair Designation and criteria. (2) Identification of equipment. (e) Special equipment designations: Compressors operating with an instrument reading of less than 500 parts per million. (f) Special equipment designations: Equipment in heavy liquid service. (1) Retain information, data, and analyses used to determine that a piece of equipment is in heavy liquid service. (2) When requested by the Administrator, demonstrate that the piece of equipment or process is in heavy liquid service. (3) A determination or demonstration that a piece of equipment or process is in heavy liquid service shall include an analysis or demonstration that the process fluids do not meet the definition of “in light liquid service.” Examples of information that could document this include, but are not limited to, records of chemicals purchased for the process, analyses of process stream composition, engineering calculations, or process knowledge. § 65.104 Instrument and sensory monitoring for leaks. (a) Monitoring for leaks. (1) Instrument monitoring for leaks. (ii) Pumps in light liquid service shall be monitored pursuant to § 65.107(b). (iii) Connectors in gas/vapor service and in light liquid service shall be monitored pursuant to § 65.108(b). (iv) Agitators in gas/vapor service and in light liquid service shall be monitored pursuant to § 65.109(b). (v) Pressure relief devices in gas/vapor service shall be monitored pursuant to § 65.111(b) and (c). (vi) Compressors designated to operate with an instrument reading less than 500 parts per million as described in § 65.103(e) shall be monitored pursuant to § 65.112(f). (2) Sensory monitoring for leaks. (ii) Agitators in gas/vapor service and in light liquid service shall be observed pursuant to § 65.109(b)(3) or (e)(1)(v). (b) Instrument monitoring methods. (1) Monitoring method. (2) Detection instrument performance criteria. (ii) If no instrument is available at the plant site that will meet the performance criteria specified in paragraph (b)(2)(i) of this section, the instrument readings may be adjusted by multiplying by the representative response factor of the process fluid calculated on an inert-free basis as described in paragraph (b)(2)(i) of this section. (3) Detection instrument calibration procedure. (4) Detection instrument calibration gas. (i) Mixtures of methane in air at a concentration no more than 2,000 parts per million greater than the leak definition concentration of the equipment monitored. If the monitoring instrument's design allows for multiple calibration scales, then the lower scale shall be calibrated with a calibration gas that is no higher than 2,000 parts per million above the concentration specified as a leak, and the highest scale shall be calibrated with a calibration gas that is approximately equal to 10,000 parts per million. If only one scale on an instrument will be used during monitoring, the owner or operator need not calibrate the scales that will not be used during that day's monitoring. (ii) A calibration gas other than methane in air may be used if the instrument does not respond to methane or if the instrument does not meet the performance criteria specified in paragraph (b)(2)(i) of this section. In such cases, the calibration gas may be a mixture of one or more of the compounds to be measured in air. (5) Monitoring performance. (6) Monitoring data. (c) Instrument monitoring readings and background adjustments. (1) The requirements of paragraphs (b)(1) through (5) of this section shall apply. (2) The background level shall be determined using the procedures in Method 21 of appendix A of 40 CFR part 60. (3) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Method 21 of appendix A of 40 CFR part 60. (4) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared to the applicable leak definition for the monitored equipment to determine whether there is a leak or to determine compliance with § 65.111(b) (pressure relief devices) or § 65.112(f) (alternative compressor standard). (d) Sensory monitoring methods. (e) Leaking equipment identification and records. (2) When each leak is detected, the information specified in paragraphs (e)(2)(i) and (ii) of this section shall be recorded and kept pursuant to § 65.4(a), except the information for valves complying with the 2-year monitoring period allowed under § 65.106(b)(3)(v), and connectors complying with the 8-year monitoring period allowed under § 65.108(b)(3)(iii) shall be kept 5 years beyond the date of the last use of the information to set a monitoring period. (i) The instrument, the equipment identification, and the instrument operator's name, initials, or identification number if a leak is detected or confirmed by instrument monitoring. (ii) The date the leak was detected. § 65.105 Leak repair. (a) Leak repair schedule. (b) [Reserved] (c) Leak identification removal Valves and connectors. (2) Other equipment. (d) Delay of repair. (1) Delay of repair of equipment for which leaks have been detected is allowed if repair within 15 days after a leak is detected is technically infeasible without a process unit shutdown. Repair of this equipment shall occur as soon as practical, but no later than the end of the next process unit shutdown, except as provided in paragraph (d)(5) of this section. (2) Delay of repair of equipment for which leaks have been detected is allowed for equipment that is isolated from the process and that does not remain in regulated material service. (3) Delay of repair for valves, connectors, and agitators is also allowed if the following provisions are met: (i) The owner or operator determines that emissions of purged material resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair; and (ii) When repair procedures are effected, the purged material is collected and routed to a process or fuel gas system or is collected and destroyed or recovered in a control device complying with § 65.115. (4) Delay of repair for pumps is also allowed if the provisions of paragraphs (d)(4)(i) and (ii) of this section are met. (i) Repair requires replacing the existing seal design with a new system that the owner or operator has determined under the provisions of § 65.116(d) will provide better performance or one of the following specifications are met: (A) A dual mechanical seal system that meets the requirements of § 65.107(e)(1) will be installed; (B) A pump that meets the requirements of § 65.107(e)(2) will be installed; or (C) A system that routes emissions to a process or a fuel gas system or a closed vent system and control device that meets the requirements of § 65.107(e)(3) will be installed. (ii) Repair is completed as soon as practical but not later than 6 months after the leak was detected. (5) Delay of repair beyond a process unit shutdown will be allowed for a valve if valve assembly replacement is necessary during the process unit shutdown, and valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the second process unit shutdown will not be allowed unless the third process unit shutdown occurs sooner than 6 months after the first process unit shutdown. (e) Unsafe-to-repair: Connectors. (f) Leak repair records. (1) The date of first attempt to repair the leak. (2) The date of successful repair of the leak. (3) Maximum instrument reading measured by Method 21 of appendix A of 40 CFR part 60 at the time the leak is successfully repaired or determined to be nonrepairable. (4) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak as specified in the paragraphs (f)(4)(i) and (ii) of this section. (i) The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. The written procedures may be included as part of the startup/shutdown/malfunction plan required by § 65.6 for the source or may be part of a separate document that is maintained at the plant site. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure. (ii) If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked onsite before depletion and the reason for depletion. (5) Dates of process unit shutdowns that occur while the equipment is unrepaired. § 65.106 Standards: Valves in gas/vapor service and in light liquid service. (a) Compliance schedule. (2) The use of monitoring data generated before the regulated source became subject to the referencing subpart to qualify initially for less frequent monitoring is governed by the provisions of § 65.104(b)(6). (b) Leak detection. (1) Monitoring method. (2) Instrument reading that defines a leak. (3) Monitoring frequency. (i) If at least the greater of two valves or 2 percent of the valves in a process unit leak, as calculated according to paragraph (c) of this section, the owner or operator shall monitor each valve once per month. (ii) At process units with less than the greater of two leaking valves or 2 percent leaking valves, the owner or operator shall monitor each valve once each quarter except as provided in paragraphs (b)(3)(iii) through (v) of this section. Monitoring data generated before the regulated source became subject to the referencing subpart and meeting the criteria of either § 65.104(b)(1) through (5) or § 65.104(b)(6) may be used to qualify initially for less frequent monitoring under paragraphs (b)(3)(iii) through (v) of this section. (iii) At process units with less than 1 percent leaking valves, the owner or operator may elect to monitor each valve once every 2 quarters. (iv) At process units with less than 0.5 percent leaking valves, the owner or operator may elect to monitor each valve once every 4 quarters. (v) At process units with less than 0.25 percent leaking valves, the owner or operator may elect to monitor each valve once every 2 years. (vi) The owner or operator shall keep a record of the monitoring schedule for each process unit. (4) Valve subgrouping. (i) The overall performance of total valves in the applicable process unit or group of process units to be subdivided shall be less than 2 percent leaking valves, as detected according to paragraphs (b)(1) and (2) of this section and as calculated according to paragraphs (c)(1)(ii) and (c)(2) of this section. (ii) The initial assignment or subsequent reassignment of valves to subgroups shall be governed by the following provisions: (A) The owner or operator shall determine which valves are assigned to each subgroup. Valves with less than 1 year of monitoring data or valves not monitored within the last 12 months must be placed initially into the most frequently monitored subgroup until at least 1 year of monitoring data have been obtained. (B) Any valve or group of valves can be reassigned from a less frequently monitored subgroup to a more frequently monitored subgroup provided that the valves to be reassigned were monitored during the most recent monitoring period for the less frequently monitored subgroup. The monitoring results must be included with that less frequently monitored subgroup's associated percent leaking valves calculation for that monitoring event. (C) Any valve or group of valves can be reassigned from a more frequently monitored subgroup to a less frequently monitored subgroup provided that the valves to be reassigned have not leaked for the period of the less frequently monitored subgroup (for example, for the last 12 months, if the valve or group of valves is to be reassigned to a subgroup being monitored annually). Nonrepairable valves may not be reassigned to a less frequently monitored subgroup. (iii) The owner or operator shall determine every 6 months if the overall performance of total valves in the applicable process unit or group of process units is less than 2 percent leaking valves and so indicate the performance in the next periodic report. If the overall performance of total valves in the applicable process unit or group of process units is 2 percent leaking valves or greater, the owner or operator shall no longer subgroup and shall revert to the program required in paragraphs (b)(1) through (3) of this section for that applicable process unit or group of process units. An owner or operator can again elect to comply with the valve subgrouping procedures of paragraph (b)(4) of this section if future overall performance of total valves in the process unit or group of process units is again less than 2 percent. The overall performance of total valves in the applicable process unit or group of process units shall be calculated as a weighted average of the percent leaking valves of each subgroup according to Equation 106-1 of this section: Where: %V LO %V Li V i n = Number of subgroups. (iv) The owner or operator shall maintain the following records: (A) Which valves are assigned to each subgroup; (B) Monitoring results and calculations made for each subgroup for each monitoring period; (C) Which valves are reassigned, the last monitoring result prior to reassignment, and when they were reassigned; and (D) The results of the semiannual overall performance calculation required in paragraph (b)(4)(iii) of this section. (v) The owner or operator shall notify the Administrator no later than 30 days prior to the beginning of the next monitoring period of the decision to begin or end subgrouping valves. The notification shall identify the participating process units and the number of valves assigned to each subgroup, if applicable. The notification may be included in a periodic report if the periodic report is submitted no later than 30 days prior to the beginning of the next monitoring period. (vi) The owner or operator shall submit in the periodic reports the following information: (A) Total number of valves in each subgroup; and (B) Results of the semiannual overall performance calculation required by paragraph (b)(4)(iii) of this section. (vii) To determine the monitoring frequency for each subgroup, the calculation procedures of paragraph (c)(2) of this section shall be used. (viii) Except for the overall performance calculations required by paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be treated as if it were a separate process unit for the purposes of applying the provisions of this section. (c) Percent leaking valves calculation Calculation basis and procedures. (ii) The percent leaking valves for each monitoring period for each process unit or valve subgroup, as provided in paragraph (b)(4) of this section, shall be calculated using Equation 106-2 of this section: Where: %V L V L V T (2) Calculation for monitoring frequency. (3) Nonrepairable valves. (ii) If the number of nonrepairable valves exceeds 1 percent of the total number of valves in regulated material service at a process unit, the number of nonrepairable valves exceeding 1 percent of the total number of valves in regulated material service shall be included in the calculation of percent leaking valves. (d) Leak repair. (2) After a leak determined under paragraph (b) or (e)(2) of this section has been repaired, the valve shall be monitored at least once within the first 3 months after its repair. The monitoring required by paragraph (d) of this section is in addition to the monitoring required to satisfy the definition of repair. (i) The monitoring shall be conducted as specified in § 65.104(b) and (c), as appropriate, to determine whether the valve has resumed leaking. (ii) Periodic monitoring required by paragraph (b) of this section may be used to satisfy the requirements of paragraph (d) of this section if the timing of the monitoring period coincides with the time specified in paragraph (d) of this section. Alternatively, other monitoring may be performed to satisfy the requirements of paragraph (d) of this section regardless of whether the timing of the monitoring period for periodic monitoring coincides with the time specified in paragraph (d) of this section. (iii) If a leak is detected by monitoring that is conducted under paragraph (d)(2) of this section, the owner or operator shall comply with the following provisions to determine whether that valve must be counted as a leaking valve for purposes of paragraph (c)(1)(ii) of this section: (A) If the owner or operator elected to use periodic monitoring required by paragraph (b) of this section to satisfy the requirements of paragraph (d)(2) of this section, then the valve shall be counted as a leaking valve. (B) If the owner or operator elected to use other monitoring, prior to the periodic monitoring required by paragraph (b) of this section, to satisfy the requirements of paragraph (d)(2) of this section, then the valve shall be counted as a leaking valve unless it is repaired and shown by periodic monitoring not to be leaking. (e) Special provisions for valves Unsafe-to-monitor valves. (2) Difficult-to-monitor valves. (3) Less than 250 valves. § 65.107 Standards: Pumps in light liquid service. (a) Compliance schedule. (b) Leak detection. (1) Monitoring method. (2) Instrument reading that defines a leak. (i) 5,000 parts per million or greater for pumps handling polymerizing monomers; (ii) 2,000 parts per million or greater for pumps in food/medical service; and (iii) 1,000 parts per million or greater for all other pumps. (3) Leak repair exception. (4) Visual inspection. (i) The owner or operator shall monitor the pump as specified in § 65.104(b) and (c) unless the pump has already been monitored since the last routine monthly monitoring required by paragraph (b)(1) of this section. If monitoring is performed and the instrument reading indicates a leak as specified in paragraph (b)(2) of this section, a leak is detected and the leak shall be repaired using the procedures in § 65.105, except as specified in paragraph (b)(3) of this section; or (ii) The owner or operator shall eliminate the visual indications of liquids dripping. (c) Percent leaking pumps calculation. (2) If, when calculated on a 6-month rolling average, at least the greater of either 10 percent of the pumps in a process unit or three pumps in a process unit leak, the owner or operator shall implement a quality improvement program for pumps that complies with the requirements of § 65.116. (3) The number of pumps at a process unit shall be the sum of all the pumps in regulated material service, except that pumps found leaking in a continuous process unit within 1 month after startup of the pump shall not count in the percent leaking pumps calculation for that one monitoring period only. (4) Percent leaking pumps shall be determined by Equation 107-1 of this section: Where: %P L P L P S P T (d) Leak repair. (e) Special provisions for pumps Dual mechanical seal pumps. (i) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicates failure of the seal system, the barrier fluid system, or both. The owner or operator shall keep records of the design criteria and an explanation of the design criteria, and any changes to these criteria and the reasons for the changes. (ii) Each dual mechanical seal system shall meet the following three requirements: (A) Operated with the barrier fluid at a pressure that is at all times (except periods of start-up, shutdown, or malfunction) greater than the pump stuffing box pressure; or (B) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed vent system to a control device that complies with the requirements of § 65.115; or (C) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (iii) The barrier fluid is not in light liquid service. (iv) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (v) Each pump is checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. The owner or operator shall document that the inspection was conducted and the date of the inspection. If there are indications of liquids dripping from the pump seal at the time of the weekly inspection, the owner or operator shall follow either one of the following procedures prior to the next required inspection: (A) The owner or operator shall monitor the pump as specified in § 65.104(b) and (c) to determine if there is a leak of regulated material in the barrier fluid. If an instrument reading of 1,000 parts per million or greater is measured, a leak is detected and it shall be repaired using the procedures in § 65.105; or (B) The owner or operator shall eliminate the visual indications of liquids dripping. (vi) If indications of liquids dripping from the pump seal exceed the criteria established in paragraph (e)(1)(i) of this section, or if based on the criteria established in paragraph (e)(1)(i) of this section the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected. (vii) Each sensor as described in paragraph (e)(1)(iv) of this section is observed daily or is equipped with an alarm unless the pump is located within the boundary of an unmanned plant site. (viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of this section, it shall be repaired as specified in § 65.105. (2) No external shaft. (3) Routed to a process or fuel gas system or equipped with a closed vent system. (4) Unmanned plant site. (5) Ninety percent exemption. (6) Unsafe-to-monitor pumps. § 65.108 Standards: Connectors in gas/vapor service and in light liquid service. (a) Compliance schedule. (b) Leak detection. (1) Monitoring method. (2) Instrument reading that defines a leak. (3) Monitoring periods. (i) If the percent leaking connectors in the process unit was greater than or equal to 0.5 percent, then monitor within 12 months (1 year). (ii) If the percent leaking connectors in the process unit was greater than or equal to 0.25 percent but less than 0.5 percent, then monitor within 4 years. An owner or operator may comply with the requirements of paragraph (b)(3)(ii) of this section by monitoring at least 40 percent of the connectors within 2 years of the start of the monitoring period, provided all connectors have been monitored by the end of the 4-year monitoring period. (iii) If the percent leaking connectors in the process unit was less than 0.25 percent, then monitor as provided in paragraph (b)(3)(iii)(A) of this section and either paragraph (b)(3)(iii)(B) or (C) of this section, as appropriate. (A) An owner or operator shall monitor at least 50 percent of the connectors within 4 years of the start of the monitoring period. (B) If the percent leaking connectors calculated from the monitoring results in paragraph (b)(3)(iii)(A) of this section is greater than or equal to 0.35 percent of the monitored connectors, the owner or operator shall monitor as soon as practical, but within the next 6 months, all connectors that have not yet been monitored during the monitoring period. At the conclusion of monitoring, a new monitoring period shall be started pursuant to paragraph (b)(3) of this section, based on the percent leaking connectors of the total monitored connectors. (C) If the percent leaking connectors calculated from the monitoring results in paragraph (b)(3)(iii)(A) of this section is less than 0.35 percent of the monitored connectors, the owner or operator shall monitor all connectors that have not yet been monitored within 8 years of the start of the monitoring period. (iv) If, during the monitoring conducted pursuant to paragraphs (b)(3)(i) through (iii) of this section, a connector is found to be leaking, it shall be re-monitored once within 90 days after repair to confirm that it is not leaking. (v) The owner or operator shall keep a record of the start date and end date of each monitoring period under this section for each process unit. (c) Percent leaking connectors calculation. Where: %C L C L C t (d) Leak repair. (e) Special provisions for connectors Unsafe-to-monitor connectors. (2) Inaccessible, ceramic, or ceramic-lined connectors. (A) Buried; (B) Insulated in a manner that prevents access to the connector by a monitor probe; (C) Obstructed by equipment or piping that prevents access to the connector by a monitor probe; (D) Unable to be reached from a wheeled scissor-lift or hydraulic-type scaffold that would allow access to connectors up to 7.6 meters (25 feet) above the ground; (E) Inaccessible because it would require elevating the monitoring personnel more than 2 meters (7 feet) above a permanent support surface or would require the erection of scaffold; (F) Not able to be accessed at any time in a safe manner to perform monitoring. Unsafe access includes, but is not limited to, the use of a wheeled scissor-lift on unstable or uneven terrain, the use of a motorized man-lift basket in areas where an ignition potential exists, or access would require near proximity to hazards such as electrical lines or would risk damage to equipment. (ii) If any inaccessible, ceramic, or ceramic-lined connector is observed by visual, audible, olfactory, or other means to be leaking, the visual, audible, olfactory, or other indications of a leak to the atmosphere shall be eliminated as soon as practical. (3) Connectors referenced from 40 CFR part 60, subpart VV or 40 CFR part 61, subpart V. (i) Connectors shall be monitored within 5 days by the method specified in § 65.104(b) and (c) if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method. (ii) If an instrument reading of 500 parts per million or greater is measured, a leak is detected. (iii) When a leak is detected, it shall be repaired using the procedures in § 65.105, as applicable. § 65.109 Standards: Agitators in gas/vapor service and in light liquid service. (a) Compliance schedule. (b) Leak detection Monitoring method. (2) Instrument reading that defines a leak. (3) Visual inspection. (i) The owner or operator shall monitor the agitator seal as specified in § 65.104(b) and (c) to determine if there is a leak of regulated material. If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected, and it shall be repaired according to paragraph (d) of this section. (ii) The owner or operator shall eliminate the indications of liquids dripping from the agitator seal. (c) [Reserved] (d) Leak repair. (e) Special provisions for agitators Dual mechanical seal. (i) Each dual mechanical seal system shall meet any one of the following requirements: (A) Operated with the barrier fluid at a pressure that is at all times (except during periods of startup, shutdown, or malfunction) greater than the agitator stuffing box pressure; or (B) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system, or connected by a closed vent system to a control device that meets the requirements of § 65.115; or (C) Equipped with a closed-loop system that purges the barrier fluid into a process stream. (ii) The barrier fluid is not in light liquid service. (iii) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both. (iv) Each agitator seal is checked by visual inspection each calendar week for indications of liquids dripping from the agitator seal. If there are indications of liquids dripping from the agitator seal at the time of the weekly inspection, the owner or operator shall follow either of the following procedures prior to the next required inspection: (A) The owner or operator shall monitor the agitator seal as specified in § 65.104(b) and (c) to determine the presence of regulated material in the barrier fluid. If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected and it shall be repaired using the procedures in § 65.105; or (B) The owner or operator shall eliminate the visual indications of liquids dripping. (v) Each sensor as described in paragraph (e)(1)(iii) of this section is observed daily or is equipped with an alarm unless the agitator seal is located within the boundary of an unmanned plant site. (vi) The owner or operator of each dual mechanical seal system shall meet the following requirements: (A) The owner or operator shall determine based on design considerations and operating experience criteria that indicates failure of the seal system, the barrier fluid system, or both and that are applicable to the presence and frequency of drips. If indications of liquids dripping from the agitator seal exceed the criteria, or if based on the criteria the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected and shall be repaired pursuant to § 65.105, as applicable. (B) The owner or operator shall keep records of the design criteria and an explanation of the design criteria, and any changes to these criteria and the reasons for the changes. (2) No external shaft. (3) Routed to a process or fuel gas system or equipped with a closed vent system. (4) Unmanned plant site. (5) Difficult-to-monitor agitator seals. (6) Equipment obstructions. (7) Unsafe-to-monitor agitator seals. § 65.110 Standards: Pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in liquid service; and instrumentation systems. (a) Compliance schedule. (b) Leak detection. (1) Monitoring method. (2) Instrument reading that defines a leak. (c) Leak repair. § 65.111 Standards: Pressure relief devices in gas/vapor service. (a) Compliance schedule. (b) Compliance standard. (c) Pressure relief requirements. (2) The pressure relief device shall be monitored no later than 5 calendar days after the pressure release and being returned to regulated material service to confirm the condition indicated by an instrument reading of less than 500 parts per million as measured by the method specified in § 65.104(b) and (c). (3) The owner or operator shall record the dates and results of the monitoring required by paragraph (c)(2) of this section following a pressure release including maximum instrument reading measured during the monitoring and the background level measured if the instrument reading is adjusted for background. (d) Pressure relief devices routed to a process or fuel gas system or equipped with a closed vent system and control device. (e) Rupture disk exemption. § 65.112 Standards: Compressors. (a) Compliance schedule. (b) Seal system standard. (1) Operated with the barrier fluid at a pressure that is greater than the compressor stuffing box pressure at all times (except during periods of start-up, shutdown, or malfunction); or (2) Equipped with a barrier fluid system degassing reservoir that is routed to a process or fuel gas system, or connected by a closed vent system to a control device that meets the requirements of § 65.115; or (3) Equipped with a closed-loop system that purges the barrier fluid directly into a process stream. (c) Barrier fluid system. (d) Failure criterion and leak detection. (2) The owner or operator shall keep records of the design criteria and an explanation of the design criteria, and any changes to these criteria and the reasons for the changes. (e) Routed to a process or fuel gas system or equipped with a closed vent system. (f) Alternative compressor standard. (2) The owner or operator shall record the dates and results of each compliance test including the background level measured and the maximum instrument reading measured during each compliance test. § 65.113 Standards: Sampling connection systems. (a) Compliance schedule. (b) Equipment requirement. (c) Equipment design and operation. (1) The system shall return the purged process fluid directly to a process line or to a fuel gas system; or (2) Collect and recycle the purged process fluid to a process; or (3) Be designed and operated to capture and transport all the purged process fluid to a control device that meets the requirements of § 65.115; or (4) Collect, store, and transport the purged process fluid to any of the following systems or facilities: (i) A waste management unit as defined in 40 CFR 63.111, if the waste management unit is complying with the provisions of 40 CFR part 63, subpart G, applicable to Group 1 wastewater streams. For sources referenced to this part from 40 CFR part 63, subpart H, and if the purged process fluid does not contain any organic HAP listed in table 9 of 40 CFR part 63, subpart G, the waste management unit need not be subject to and operated in compliance with the requirements of 40 CFR part 63, subpart G, applicable to Group 1 wastewater steams provided the facility has a National Pollution Discharge Elimination System (NPDES) permit or sends the wastewater to an NPDES-permitted facility; or (ii) A treatment, storage, or disposal facility subject to regulation under 40 CFR part 262, 264, 265, or 266; or (iii) A facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste, if the process fluids are not hazardous waste as defined in 40 CFR part 261; and (5) Containers that are part of a closed-purge system must be covered or closed when not being filled or emptied. (d) In-situ sampling systems. § 65.114 Standards: Open-ended valves or lines. (a) Compliance schedule. (b) Equipment and operational requirements. (2) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the process fluid end is closed before the second valve is closed. (3) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with paragraph (b)(1) of this section at all other times. (c) Emergency shutdown exemption. (d) Polymerizing materials exemption. § 65.115 Standards: Closed vent systems and control devices; or emissions routed to a fuel gas system or process. (a) Compliance schedule. (b) Compliance standard. (2) Owners or operators of closed vent systems and flares used to comply with the provisions of this subpart shall design and operate the flare as specified in § 65.142(d), except as provided in § 65.102(b). Note that this includes the startup, shutdown, and malfunction provisions of § 65.6. (3) Owners or operators routing emissions from equipment leaks to a fuel gas system or process shall comply with the provisions of § 65.142(d), except as provided in § 65.102(b). [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006] § 65.116 Quality improvement program for pumps. (a) Criteria. (1) Pumps that are in food/medical service or in polymerizing monomer service shall comply with all requirements except for those specified in paragraph (d)(8) of this section. (2) Pumps that are not in food/medical or polymerizing monomer service shall comply with all requirements of this section. (b) Exiting the QIP. (c) Resumption of QIP. (d) QIP requirements. (1) The owner or operator shall comply with the requirements in § 65.107. (2) Data collection. (i) Pump type (for example, piston, horizontal or vertical centrifugal, gear, bellows); pump manufacturer; seal type and manufacturer; pump design (for example, external shaft, flanged body); materials of construction; if applicable, barrier fluid or packing material; and year installed. (ii) Service characteristics of the stream such as discharge pressure, temperature, flow rate, corrosivity, and annual operating hours. (iii) The maximum instrument readings observed in each monitoring observation before repair, response factor for the stream if appropriate, instrument model number, and date of the observation. (iv) If a leak is detected, the repair methods used and the instrument readings after repair. (v) If the data will be analyzed as part of a larger analysis program involving data from other plants or other types of process units, a description of any maintenance or quality assurance programs used in the process unit that are intended to improve emission performance. (3) The owner or operator shall continue to collect data on the pumps as long as the process unit (or plant site) remains in the quality improvement program. (4) Pump or pump seal inspection. (5) Data analysis. (ii) The analysis shall also be used to determine if there are superior performing pump or pump seal technologies that are applicable to the service(s), operating conditions, or pump or pump seal designs associated with poorer than average emission performance. A superior performing pump or pump seal technology is one with a leak frequency of less than 10 percent for specific applications in the process unit or plant site. A candidate superior performing pump or pump seal technology is one demonstrated or reported in the available literature or through a group study as having low emission performance and as being capable of achieving less than 10 percent leaking pumps in the process unit (or plant site). (iii) The analysis shall include consideration of the following information: (A) The data obtained from the inspections of pumps and pump seals removed from the process unit due to leaks; (B) Information from the available literature and from the experience of other plant sites that will identify pump designs or technologies and operating conditions associated with low emission performance for specific services; and (C) Information on limitations on the service conditions for the pump seal technology operating conditions as well as information on maintenance procedures to ensure continued low emission performance. (iv) The data analysis may be conducted through an inter- or intracompany program (or through some combination of the two approaches) and may be for a single process unit, a plant site, a company, or a group of process units. (v) The first analysis of the data shall be completed no later than 18 months after the start of the quality improvement program. The first analysis shall be performed using data collected for a minimum of 6 months. An analysis of the data shall be done each year the process unit is in the quality improvement program. (6) Trial evaluation program. (i) The trial evaluation program shall include on-line trials of pump seal technologies or pump designs and operating and maintenance practices that have been identified in the available literature or in analysis by others as having the ability to perform with leak rates below 10 percent in similar services, as having low probability of failure, or as having no external actuating mechanism in contact with the process fluid. If any of the candidate superior performing pump seal technologies or pumps is not included in the performance trials, the reasons for rejecting specific technologies from consideration shall be documented as required in paragraph (e)(3)(ii) of this section. (ii) The number of pump seal technologies or pumps in the trial evaluation program shall be the lesser of 1 percent or two pumps for programs involving single process units, and the lesser of 1 percent or five pumps for programs involving a plant site or groups of process units. The minimum number of pumps or pump seal technologies in a trial program shall be one. (iii) The trial evaluation program shall specify and include documentation of the following information: (A) The candidate superior performing pump seal designs or technologies to be evaluated, the stages for evaluating the identified candidate pump designs or pump seal technologies, including the time period necessary to test the applicability; (B) The frequency of monitoring or inspection of the equipment; (C) The range of operating conditions over which the component will be evaluated; and (D) Conclusions regarding the emission performance and the appropriate operating conditions and services for the trial pump seal technologies or pumps. (iv) The performance trials shall initially be conducted at least for a 6-month period beginning not later than 18 months after the start of the quality improvement program. No later than 24 months after the start of the quality improvement program, the owner or operator shall have identified pump seal technologies or pump designs that, combined with appropriate process, operating, and maintenance practices, operate with low emission performance for specific applications in the process unit. The owner or operator shall continue to conduct performance trials as long as no superior performing design or technology has been identified, except as provided in paragraph (d)(6)(vi) of this section. The initial list of superior emission performance pump designs or pump seal technologies shall be amended in the future, as appropriate, as additional information and experience are obtained. (v) Any plant site with fewer than 400 valves and owned by a corporation with fewer than 100 employees shall be exempt from trial evaluations of pump seals or pump designs. Plant sites exempt from the trial evaluations of pumps shall begin the pump seal or pump replacement program at the start of the fourth year of the quality improvement program. (vi) An owner or operator who has conducted performance trials on all alternative superior emission performance technologies suitable for the required applications in the process unit may stop conducting performance trials provided that a superior performing design or technology has been demonstrated, or there are no technically feasible alternative superior technologies remaining. The owner or operator shall prepare an engineering evaluation documenting the physical, chemical, or engineering basis for the judgment that the superior emission performance technology is technically infeasible or demonstrating that it would not reduce emissions. (7) Quality assurance program. (i) The quality assurance program shall meet the following requirements: (A) Establish minimum design standards for each category of pumps or pump seal technology. The design standards shall specify known critical parameters such as tolerance, manufacturer, materials of construction, previous usage, or other applicable identified critical parameters; (B) Require that all equipment orders specify the design standard (or minimum tolerances) for the pump or the pump seal; (C) Provide for an audit procedure for quality control of purchased equipment to ensure conformance with purchase specifications. The audit program may be conducted by the owner or operator of the plant site or process unit or by a designated representative; and (D) Detail off-line pump maintenance and repair procedures. These procedures shall include provisions to ensure that rebuilt or refurbished pumps and pump seals will meet the design specifications for the pump category and will operate so that emissions are minimized. (ii) The quality assurance program shall be established no later than the start of the third year of the quality improvement program for plant sites with 400 or more valves or 100 or more employees, and no later than the start of the fourth year of the quality improvement program for plant sites with less than 400 valves and less than 100 employees. (8) Pump or pump seal replacement. (i) Pumps or pump seals shall be replaced at the rate of 20 percent per year based on the total number of pumps in light liquid service. The calculated value shall be rounded to the nearest nonzero integer value. The minimum number of pumps or pump seals shall be one. Pump replacement shall continue until all pumps subject to the requirements of § 65.107 are pumps determined to be superior performance technology. (ii) The owner or operator may delay replacement of pump seals or pumps with superior technology until the next planned process unit shutdown provided the number of pump seals and pumps replaced is equivalent to the 20 percent or greater annual replacement rate. (iii) The pumps shall be maintained as specified in the quality assurance program. (e) QIP recordkeeping. (1) When using a pump quality improvement program as specified in this section, record the following information: (i) The rolling average percent leaking pumps. (ii) Documentation of all inspections conducted under the requirements of paragraph (d)(4) of this section and any recommendations for design or specification changes to reduce leak frequency. (iii) The beginning and ending dates while meeting the requirements of paragraph (d) of this section. (2) If a leak is not repaired within 15 calendar days after discovery of the leak, the reason for the delay and the expected date of successful repair. (3) Records of all analyses required in paragraph (d) of this section. The records will include the following information: (i) A list identifying areas associated with poorer than average performance and the associated service characteristics of the stream, the operating conditions, and the maintenance practices. (ii) The reasons for rejecting specific candidate superior emission performing pump technology from performance trials. (iii) The list of candidate superior emission performing valve or pump technologies and documentation of the performance trial program items required under paragraph (d)(6)(iii) of this section. (iv) The beginning date and duration of performance trials of each candidate superior emission performing technology. (4) All records documenting the quality assurance program for pumps as specified in paragraph (d)(7) of this section, including records indicating that all pumps replaced or modified during the period of the quality improvement program are in compliance with the quality assurance. (5) Records documenting compliance with the 20 percent or greater annual replacement rate for pumps as specified in paragraph (d)(8) of this section. (6) Information and data to show the corporation has fewer than 100 employees, including employees providing professional and technical contracted services. § 65.117 Alternative means of emission limitation: Batch processes. (a) General requirement. (b) Pressure testing of the batch equipment. (1) Reconfiguration. (i) When the batch product-process equipment train is reconfigured to produce a different product, pressure testing is required only for the new or disturbed equipment. (ii) Each batch product-process that operates in regulated material service during a calendar year shall be pressure-tested at least once during that calendar year. (iii) Pressure testing is not required for routine seal breaks, such as changing hoses or filters, that are not part of the reconfiguration to produce a different product or intermediate. (2) Testing procedures. (3) Leak detection. (ii) For pressure tests using a liquid, a leak is detected if there are indications of liquids dripping or if there is other evidence of fluid loss. (4) Leak repair. (ii) If a batch product-process fails the retest (the second of two consecutive pressure tests), it shall be repaired as soon as practical but not later than 30 calendar days after the second pressure test, except as specified in paragraph (e) of this section. (5) Gas pressure test procedure for pressure or vacuum loss. (i) The batch product-process equipment train shall be pressurized with a gas to a pressure less than the set pressure of any safety relief devices or valves or to a pressure slightly above the operating pressure of the equipment, or alternatively the equipment shall be placed under a vacuum. (ii) Once the test pressure is obtained, the gas source or vacuum source shall be shut off. (iii) The test shall continue for not less than 15 minutes unless it can be determined in a shorter period of time that the allowable rate of pressure drop or of pressure rise was exceeded. The pressure in the batch product-process equipment shall be measured after the gas or vacuum source is shut off and at the end of the test period. The rate of change in pressure in the batch product-process equipment shall be calculated using Equation 117-1 of this section: Where: Δ(P/t) = Change in pressure, pounds per square inch gauge/hr. P f P i t f i (iv) The pressure shall be measured using a pressure measurement device (gauge, manometer, or equivalent) that has a precision of ±2.5 millimeters mercury (0.10 inch of mercury) in the range of test pressure and is capable of measuring pressures up to the relief set pressure of the pressure relief device. If such a pressure measurement device is not reasonably available, the owner or operator shall use a pressure measurement device with a precision of at least ±10 percent of the test pressure of the equipment and shall extend the duration of the test for the time necessary to detect a pressure loss or rise that equals a rate of 1 pound per square inch gauge per hour (7 kilopascals per hour). (v) An alternative procedure may be used for leak testing the equipment if the owner or operator demonstrates the alternative procedure is capable of detecting a pressure loss or rise. (6) Pressure test procedure using test liquid. (i) The batch product-process equipment train or section of the equipment train shall be filled with the test liquid (for example, water, alcohol) until normal operating pressure is obtained. Once the equipment is filled, the liquid source shall be shut off. (ii) The test shall be conducted for a period of at least 60 minutes unless it can be determined in a shorter period of time that the test is a failure. (iii) Each seal in the equipment being tested shall be inspected for indications of liquid dripping or other indications of fluid loss. If there are any indications of liquids dripping or of fluid loss, a leak is detected. (iv) An alternative procedure may be used for leak testing the equipment if the owner or operator demonstrates the alternative procedure is capable of detecting losses of fluid. (7) Pressure testing recordkeeping. (i) The identification of each product or product code produced during the calendar year. It is not necessary to identify individual items of equipment in a batch product-process equipment train. (ii) Physical tagging of the equipment to identify that it is in regulated material service and subject to the provisions of this subpart is not required. Equipment in a batch product-process subject to the provisions of this subpart may be identified on a plant site plan, in log entries, or by other appropriate methods. (iii) The dates of each pressure test required in paragraph (b) of this section, the test pressure, and the pressure drop observed during the test. (iv) Records of any visible, audible, or olfactory evidence of fluid loss. (v) When a batch product-process equipment train does not pass two consecutive pressure tests, as specified in paragraph (b)(4)(ii) of this section, the following information shall be recorded in a log and kept for 2 years: (A) The date of each pressure test and the date of each leak repair attempt; (B) Repair methods applied in each attempt to repair the leak; (C) The reason for the delay of repair; (D) The expected date for delivery of the replacement equipment and the actual date of delivery of the replacement equipment; and (E) The date of successful repair. (c) Equipment monitoring. (1) The owner or operator shall comply with the requirements of §§ 65.106 through 65.116 as modified by paragraphs (c)(2) through (4) of this section. (2) The equipment shall be monitored for leaks by the method specified in § 65.104(b) and (c) when the equipment is in regulated material service or is in use with any other detectable material. (3) The equipment shall be monitored for leaks as specified in the following: (i) Each time the equipment is reconfigured for the production of a new product, the reconfigured equipment shall be monitored for leaks within 30 days of startup of the process. This initial monitoring of reconfigured equipment shall not be included in determining percent leaking equipment in the process unit. (ii) Connectors shall be monitored in accordance with the requirements in § 65.108. (iii) Equipment other than connectors shall be monitored at the frequencies specified in table 1 to this subpart. The operating time shall be determined as the proportion of the year the batch product-process that is subject to the provisions of this subpart is operating. (iv) The monitoring frequencies specified in paragraph (c)(3)(iii) of this section are not requirements for monitoring at specific intervals and can be adjusted to accommodate process operations. An owner or operator may monitor anytime during the specified monitoring period (for example, month, quarter, year), provided the monitoring is conducted at a reasonable interval after completion of the last monitoring campaign. For example, if the equipment is not operating during the scheduled monitoring period, the monitoring can be done during the next period when the process is operating. (4) If a leak is detected, it shall be repaired as soon as practical but not later than 15 calendar days after it is detected except as provided in paragraph (e) of this section. (d) Added equipment recordkeeping. (2) Maintain records demonstrating the proportion of the time during the calendar year the equipment is in use in a batch process that is subject to the provisions of this subpart. Examples of suitable documentation are records of time in use for individual pieces of equipment or average time in use for the process unit. These records are not required if the owner or operator does not adjust monitoring frequency by the time in use, as provided in paragraph (c)(3)(iii) of this section. (3) Record and keep pursuant to § 65.4 the date and results of the monitoring required in paragraph (c)(3)(i) of this section for equipment added to a batch product-process unit since the last monitoring period required in paragraphs (c)(3)(ii) and (iii) of this section. If no leaking equipment is found during this monitoring, the owner or operator shall record that the inspection was performed. Records of the actual monitoring results are not required. (e) Delay of repair. (1) Equipment supplies have been depleted and supplies had been sufficiently stocked before the supplies were depleted. (2) The repair is made no later than 10 calendar days after delivery of the replacement equipment. (f) Periodic report contents. (1) Batch product-process equipment train identification; (2) The number of pressure tests conducted; (3) The number of pressure tests where the equipment train failed the pressure test; and (4) The facts that explain any delay of repairs. § 65.118 Alternative means of emission limitation: Enclosed-vented process units. (a) Use of closed vent system and control device. (b) Recordkeeping. (1) Identification of the process unit(s) and the regulated materials they handle. (2) A schematic of the process unit, enclosure, and closed vent system. (3) A description of the system used to create a negative pressure in the enclosure to ensure that all emissions are routed to the control device. § 65.119 Recordkeeping provisions. (a) Recordkeeping system. (b) General equipment leak records. (2) The owner or operator shall keep a written plan as specified in § 65.103(c)(4) for any equipment that is designated as unsafe- or difficult-to-monitor. (3) The owner or operator shall maintain a record of the identity and an explanation as specified in § 65.103(d)(2) for any equipment that is designated as unsafe to repair. (4) As specified in § 65.103(e), the owner or operator shall maintain a record of the identity of compressors operating with an instrument reading of less than 500 parts per million. (5) The owner or operator shall keep records associated with the determination that equipment is in heavy liquid service as specified in § 65.103(f). (6) The owner or operator shall keep records for leaking equipment as specified in § 65.104(e)(2). (7) The owner or operator shall keep records for leak repair as specified in § 65.105(f) and records for delay of repair as specified in § 65.105(d). (8) For instrument response factor criteria determinations performed pursuant to § 65.104(b)(2)(i), the owner or operator shall maintain a record of an engineering assessment that identifies the representative composition of the process fluid. The assessment shall be based on knowledge of the compounds present in the process, similarity of response factors for the materials present, the range of compositions encountered during monitoring, or other information available to the owner or operator. (9) The owner or operator shall keep records of the detection limit calibration as specified in § 65.104(b)(3). (c) Specific equipment leak records. (i) The monitoring schedule for each process unit as specified in § 65.106(b)(3)(v). (ii) The valve subgrouping records specified in § 65.106(b)(4)(iv), if applicable. (2) For pumps, the owner or operator shall maintain the following records: (i) Documentation of pump visual inspections as specified in § 65.107(b)(4). (ii) Documentation of dual mechanical seal pump visual inspections as specified in § 65.107(e)(1)(v). (iii) For the criteria as to the presence and frequency of drips for dual mechanical seal pumps, records of the design criteria and explanations and any changes and the reason for the changes, as specified in § 65.107(e)(1)(i). (3) For connectors, the owner or operator shall maintain the records specified in § 65.108(b)(3)(v) which identify a monitoring schedule for each process unit. (4) For agitators, the owner or operator shall maintain the following records: (i) Documentation of agitator seal visual inspections as specified in § 65.109(b)(3). (ii) For agitators equipped with a dual mechanical seal system that includes barrier fluid system, the owner or operator shall keep records as specified in § 65.109(e)(1)(vi)(B). (iii) Documentation of the dual mechanical seal agitator seal visual inspections as specified in § 65.109(e)(1)(iv). (5) For pressure relief devices in gas/vapor or light liquid service, the owner or operator shall keep records of the dates and results of monitoring following a pressure release, as specified in § 65.111(c)(3), or the date the rupture disk is replaced as specified in § 65.111(e). (6) For compressors, the owner or operator shall maintain the following records: (i) For criteria as to failure of the seal system and/or the barrier fluid system, record the design criteria and explanations and any changes and the reason for the changes, as specified in § 65.112(d)(2). (ii) For compressors operating under the alternative compressor standard, record the dates and results of each compliance test as specified in § 65.112(f)(2). (7) For a pump QIP program, the owner or operator shall maintain the following records: (i) Individual pump records as specified in § 65.116(d)(2). (ii) Trial evaluation program documentation as specified in § 65.116(d)(6)(iii). (iii) Engineering evaluation documenting the basis for judgement that superior emission performance technology is not applicable as specified in § 65.116(d)(6)(vi). (iv) Quality assurance program documentation as specified in § 65.116(d)(7). (v) QIP records as specified in § 65.116(e). (8) For process units complying with the batch process unit alternative, the owner or operator shall maintain the following records: (i) Pressure test records as specified in § 65.117(b)(7). (ii) Records for equipment added to the process unit as specified in § 65.117(d). (9) For process units complying with the enclosed-vented process unit alternative, the owner or operator shall maintain the records for enclosed-vented process units as specified in § 65.118(b). § 65.120 Reporting provisions. (a) Initial Compliance Status Report. (1) The notification shall provide the following information for each process unit subject to the requirements of this subpart: (i) Process unit identification; (ii) Number of each equipment type (for example, valves, pumps) excluding equipment in vacuum service; and (iii) Method of compliance with the standard (for example, “monthly leak detection and repair” or “equipped with dual mechanical seals”). (2) The notification shall provide the following information for each process unit subject to the requirements of § 65.117(b): (i) Batch products or product codes subject to the provisions of this subpart; and (ii) Planned schedule for pressure testing when equipment is configured for production of products subject to the provisions of this subpart. (3) The notification shall provide the following information for each process unit subject to the requirements in § 65.118: (i) Process unit identification; (ii) A description of the system used to create a negative pressure in the enclosure, and the control device used to comply with the requirements of subpart G of this part. (b) Periodic reports. (1) For the equipment specified in paragraphs (b)(1)(i) through (v) of this section, report in a summary format by equipment type the number of components for which leaks were detected, and for valves, pumps, and connectors show the percent leakers and the total number of components monitored. Also include the number of leaking components that were not repaired as required by § 65.105(a), and for valves identify the number of components that are determined by § 65.106(c)(3) to be nonrepairable. (i) Valves in gas/vapor service and in light liquid service pursuant to § 65.106(b) and (c). (ii) Pumps in light liquid service pursuant to § 65.107(b) and (c). (iii) Connectors in gas/vapor service and in light liquid service pursuant to § 65.108(b) and (c). (iv) Agitators in gas/vapor service and in light liquid service pursuant to § 65.109(b). (v) Compressors pursuant to § 65.112(d). (2) Where any delay of repair is utilized pursuant to § 65.105(d), report that delay of repair has occurred and report the number of instances of delay of repair. (3) If applicable, report the valve subgrouping information specified in § 65.106(b)(4)(iv). (4) For pressure relief devices in gas/vapor service pursuant to § 65.111(b) and for compressors pursuant to § 65.112(f) that are to be operated at a leak detection instrument reading of less than 500 parts per million, report the results of all monitoring to show compliance conducted within the semiannual reporting period. (5) Report, if applicable, the initiation of a monthly monitoring program for valves pursuant to § 65.106(b)(3)(i). (6) Report, if applicable, the initiation of a quality improvement program for pumps pursuant to § 65.116. (7) [Reserved] (8) Where the alternative means of emissions limitation for batch processes is utilized, report the information listed in § 65.117(f). (9) Report the information listed in paragraph (a) of this section for the Initial Compliance Status Report for process units with later compliance dates. Report any revisions to items reported in an earlier Initial Compliance Status Report if the method of compliance has changed since the last report. §§ 65.121-65.139 [Reserved] Table 1 to Subpart F of Part 65—Batch Processes Monitoring Frequency for Equipment Other Than Connectors Operating time Equivalent continuous process monitoring frequency time in use Monthly Quarterly Semiannually 0 to <25 Quarterly Annually Annually. 25 to <50 Quarterly Semiannually Annually. 50 to <75 Bimonthly Three times Semiannually. 75 to 100 Monthly Quarterly Semiannually. Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process § 65.140 Applicability. The provisions of this subpart and of subpart A of this part (including the startup, shutdown, and malfunction provisions in § 65.6) apply to routing emissions to processes, fuel gas systems, closed vent systems, control devices, and recovery devices where another subpart expressly references the use of this subpart. § 65.141 Definitions. All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. § 65.142 Standards. (a) Storage vessel requirements. (1) Closed vent system and flare. (2) Closed vent system and nonflare control device. (3) Route to a fuel gas system or process. (b) Process vent requirements. (1) Flare. (2) Nonflare control device. (3) Final recovery devices. (c) Transfer rack requirements. (1) Closed vent system and flare. (2) Closed vent system and nonflare control device for low-throughput transfer racks. (3) Closed vent system and nonflare control devices for high-throughput transfer racks. (4) Route to a fuel gas system or to a process. (d) Equipment leak requirements. (1) Closed vent system and flare. (2) Closed vent system and nonflare control device. (3) Route to a fuel gas system or to a process. (e) Combined emissions. (1) Comply with the applicable requirements of this subpart for each kind of emissions in the stream (for example, the requirements of § 65.142(b) for process vents, and the requirements of § 65.142(c) for transfer racks); or (2) Comply with the first set of requirements identified in paragraphs (e)(2)(i) through (iii) of this section which applies to any individual emission stream that is included in the combined stream. Compliance with the first applicable set of requirements identified in paragraphs (e)(2)(i) through (iii) of this section constitutes compliance with all other requirements in paragraphs (e)(2)(i) through (iii) of this section applicable to other types of emissions in the combined stream. The hierarchy is as follows: (i) The requirements of § 65.142(b) for Group 1 process vents, including applicable monitoring, recordkeeping, and reporting; (ii) The requirements of § 65.142(c) for high-throughput transfer racks, including applicable monitoring, recordkeeping, and reporting; (iii) The requirements of § 65.142(a) for control of emissions from storage vessels or low-throughput transfer racks, including monitoring, recordkeeping, and reporting. § 65.143 Closed vent systems. (a) Closed vent system equipment and operating requirements. (1) Collection of emissions. (2) Period of operation. (3) Bypass monitoring. (i) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 65.163(a)(1)(i). The flow indicator shall be installed at the entrance to any bypass line. (ii) Secure the bypass line valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure the valve is maintained in the non-diverting position and the vent stream is not diverted through the bypass line. Records shall be generated as specified in § 65.163(a)(1)(ii). (4) Loading arms at transfer racks. (5) Pressure relief devices in a transfer rack's closed vent system. (b) Closed vent system inspection requirements. (1) Except for closed vent systems operated and maintained under negative pressure and as provided in paragraphs (b)(2) and (3) of this section, each closed vent system shall be inspected as specified in paragraph (b)(1)(i) or (ii) of this section. (i) If the closed vent system is constructed of hard-piping, the owner or operator shall comply with the following requirements: (A) Conduct an initial inspection according to the procedures in paragraph (c) of this section; and (B) Conduct annual visual inspections for visible, audible, or olfactory indications of leaks. (ii) If the closed vent system is constructed of ductwork, the owner or operator shall conduct an initial and annual inspection according to the procedures in paragraph (c) of this section. (2) Any parts of the closed vent system that are designated as described in § 65.163(a)(2) as unsafe to inspect are exempt from the inspection requirements of paragraph (b)(1) of this section if the following conditions are met: (i) The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraph (b)(1) of this section; and (ii) The owner or operator has a written plan that requires inspection of the equipment as frequently as practical during safe-to-inspect times. Inspection is not required more than once annually. (3) Any parts of the closed vent system that are designated, as described in § 65.163(a)(2), as difficult-to-inspect are exempt from the inspection requirements of paragraph (b)(1) of this section if the following provisions apply: (i) The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters (7 feet) above a support surface; and (ii) The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years. (c) Closed vent system inspection procedures. (1) Each closed vent system subject to paragraph (c) of this section shall be inspected according to the procedures specified in paragraphs (c)(1)(i) through (vii) of this section. (i) Inspections shall be conducted in accordance with Method 21 of appendix A of 40 CFR part 60 except as specified in this section. (ii) Except as provided in paragraph (c)(1)(iii) of this section, the detection instrument shall meet the performance criteria of Method 21 of appendix A of 40 CFR part 60, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the representative composition of the process fluid not each individual organic compound in the stream. For process streams that contain nitrogen, air, water, or other inerts that are not organic hazardous air pollutants or volatile organic compounds, the response factor shall be determined on an inert-free basis. The response factor may be determined at any concentration for which the monitoring for leaks will be conducted. Maintain the record specified by § 65.163(a)(5). (iii) If no instrument is available at the plant site that will meet the performance criteria specified in paragraph (c)(1)(ii) of this section, the instrument readings may be adjusted by multiplying by the representative response factor of the process fluid calculated on an inert-free basis as described in paragraph (c)(1)(ii) of this section. (iv) The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of appendix A of 40 CFR part 60. (v) Calibration gases shall be as specified in the following: (A) Zero air (less than 10 parts per million hydrocarbon in air). (B) Mixtures of methane in air at a concentration less than 10,000 parts per million. A calibration gas other than methane in air may be used if the instrument does not respond to methane or if the instrument does not meet the performance criteria specified in paragraph (c)(1)(ii) of this section. In such cases, the calibration gas may be a mixture of one or more of the compounds to be measured in air. (C) If the detection instrument's design allows for multiple calibration scales, then the lower scale shall be calibrated with a calibration gas that is no higher than 2,500 parts per million. (vi) An owner or operator may elect to adjust or not adjust instrument readings for background. If an owner or operator elects not to adjust readings for background, all such instrument readings shall be compared directly to 500 parts per million to determine whether there is a leak. If an owner or operator elects to adjust instrument readings for background, the owner or operator shall measure background concentration using the procedures in this section. The owner or operator shall subtract the background reading from the maximum concentration indicated by the instrument. (vii) If the owner or operator elects to adjust for background, the arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared with 500 parts per million for determining whether there is a leak. (2) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible as described in Method 21 of appendix A of 40 CFR part 60. (3) Except as provided in paragraph (c)(4) of this section, inspections shall be performed when the equipment is in regulated material service or in use with any other detectable gas or vapor. (4) Inspections of the closed vent system collecting regulated material from a transfer rack shall be performed only while a tank truck or railcar is being loaded or is otherwise pressurized to normal operating conditions with regulated material or any other detectable gas or vapor. (d) Closed vent system leak repair provisions. (1) If there are visible, audible, or olfactory indications of leaks at the time of the annual visual inspections required by paragraph (b)(1)(i)(B) of this section, the owner or operator shall follow either of the following procedures: (i) The owner or operator shall eliminate the indications of the leak. (ii) The owner or operator shall monitor the equipment according to the procedures in paragraph (c) of this section. (2) Leaks as indicated by an instrument reading greater than 500 parts per million by volume above background shall be repaired as soon as practical except as provided in paragraph (d)(3) of this section. Records shall be generated as specified in § 65.163(a)(3) when a leak is detected. (i) A first attempt at repair shall be made no later than 5 calendar days after the leak is detected. (ii) Except as provided in paragraph (d)(3) of this section, repairs shall be completed no later than 15 calendar days after the leak is detected or at the beginning of the next introduction of vapors to the system, whichever is later. (3) Delay of repair of a closed vent system for which leaks have been detected is allowed if repair within 15 days after a leak is detected is technically infeasible without a closed vent system shutdown, as defined in § 65.2, or if the owner or operator determines that emissions resulting from immediate repair would be greater than the emissions likely to result from delay of repair. Repair of such equipment shall be completed as soon as practical, but not later than the end of the next closed vent system shutdown. § 65.144 Fuel gas systems and processes to which storage vessel, transfer rack, or equipment leak regulated material emissions are routed. (a) Equipment and operating requirements for fuel gas systems and processes. (2) The owner or operator of a transfer rack subject to the provisions of this subpart shall ensure that no pressure relief device in the transfer rack's system returning vapors to a fuel gas system or process shall open to the atmosphere during loading. Pressure relief devices needed for safety purposes are not subject to this paragraph (a)(2). (3) Each process piping system collecting regulated material from a transfer rack shall be designed and operated so that regulated material vapors collected at one loading arm will not pass through another loading arm in the rack to the atmosphere. (b) Fuel gas system and process compliance determination. (2) For storage vessels and transfer racks, and if emissions are routed to a process, the regulated material in the emissions shall predominantly meet one of, or a combination of, the following conditions, and the compliance demonstration requirements in paragraph (b)(3) of this section, if applicable: (i) Recycled and/or consumed in the same manner as a material that fulfills the same function in that process; (ii) Transformed by chemical reaction into materials that are not regulated materials; (iii) Incorporated into a product; and/or (iv) Recovered. (3) To demonstrate compliance with paragraph (b)(2) of this section for a storage vessel, the owner or operator shall prepare a design evaluation (or engineering assessment) that demonstrates the extent to which one or more of the conditions specified in paragraphs (b)(2)(i) through (iv) of this section are being met. The owner or operator shall submit the design evaluation as specified in § 65.165(a)(1). (c) Statement of connection to fuel gas system. § 65.145 Nonflare control devices used to control emissions from storage vessels or low-throughput transfer racks. (a) Nonflare control device equipment and operating requirements. (b) Nonflare control device design evaluation or performance test requirements. (1) Unless a design evaluation or performance test as required in the referencing subpart was previously conducted and submitted for the storage vessel or low-throughput transfer rack, the owner or operator shall either prepare and submit with the Initial Compliance Status Report, as specified in § 65.165(b), a design evaluation that includes the information specified in paragraph (b)(1)(i) of this section, or the results of the performance test as described in paragraph (b)(1)(ii) or (iii) of this section. (i) Design evaluation. (A) The efficiency determination is to include consideration of all vapors, gases, and liquids, other than fuels, received by the control device. (B) If an enclosed combustion device with a minimum residence time of 0.5 seconds and a minimum temperature of 760 °C is used to meet the emission reduction requirement specified in § 65.42(b)(5) for storage vessels, or § 65.83(a)(1) for transfer racks, documentation that those conditions exist is sufficient to meet the requirements of paragraph (b)(1)(i) of this section. (C) Except as provided in paragraph (b)(1)(i)(B) of this section for enclosed combustion devices, the design evaluation shall include the estimated autoignition temperature of the stream being combusted, the flow rate of the stream, the combustion temperature, and the residence time at the combustion temperature. (D) For carbon adsorbers, the design evaluation shall include the estimated affinity of the regulated pollutant vapors for carbon, the amount of carbon in each bed, the number of beds, the humidity, the temperature, the flow rate of the inlet stream and, if applicable, the desorption schedule, the regeneration stream pressure or temperature, and the flow rate of the regeneration stream. For vacuum desorption, pressure drop shall be included. (E) For condensers, the design evaluation shall include the final temperature of the stream vapors, the type of condenser, and the design flow rate of the emission stream. (ii) Performance test. (A) The performance test demonstrates that the control device achieves greater than or equal to the required control efficiency specified in § 65.42(b)(5) for storage vessels, or § 65.83(a)(1) for transfer racks; and (B) The performance test meets the applicable performance test requirements of §§ 65.157 and 65.158, and the results are submitted as part of the Initial Compliance Status Report as specified in § 65.165(b). (iii) If the control device used to comply with § 65.42(b)(5) for storage vessels, or with § 65.83(a)(1) for low-throughput transfer racks, as applicable, is also used to comply with § 65.63(a)(2) for process vents, or § 65.83(a)(1) for high-throughput transfer racks, a performance test required by § 65.148(b), § 65.149(b), § 65.150(b), § 65.151(b), § 65.152(b), or § 65.155(b) is acceptable to demonstrate compliance with § 65.42(b)(5) for storage vessels, or § 65.83(a)(1) for low-throughput transfer racks, as applicable. The owner or operator is not required to prepare a design evaluation for the control device as described in paragraph (b)(1)(i) of this section, if a performance test will be performed which meets the following criteria: (A) The performance test demonstrates that the control device achieves greater than or equal to the required control efficiency specified in § 65.42(b)(5) for storage vessels, or § 65.83(a)(1) for transfer racks; and (B) The performance test is submitted as part of the Initial Compliance Status Report as specified in § 65.165(b). (2) A design evaluation or performance test is not required if the owner or operator uses a combustion device meeting the criteria in paragraph (b)(2)(i), (ii), (iii), or (iv) of this section and reports as specified in § 65.165(f). (i) A boiler or process heater with a design heat input capacity of 44 megawatts (150 million British thermal units per hour) or greater. (ii) A boiler or process heater burning hazardous waste for which the owner or operator meets either of the following requirements: (A) The boiler or process heater has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or (B) The boiler or process heater has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (iii) A hazardous waste incinerator for which the owner or operator meets either of the following requirements: (A) The incinerator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O; or (B) The incinerator has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. (iv) A boiler or process heater into which the vent stream is introduced with the primary fuel. (3) Halogen reduction devices used for transfer racks. (i) Design evaluation. (ii) Performance test. (A) The performance test demonstrates that the halogen reduction device achieves greater than or equal to the required control efficiency specified in § 65.83(b)(1) for transfer racks; and (B) The performance test meets the applicable performance test requirements of §§ 65.157 and 65.158, and the results are submitted as part of the Initial Compliance Status Report as specified in § 65.165(b). (iii) If the halogen reduction device used to comply with § 65.83(b)(1) for low-throughput transfer racks, is also used to comply with § 65.63(b)(1) for process vents, or § 65.83(b)(1) for high-throughput transfer racks, a performance test required by § 65.154(b) is acceptable to demonstrate compliance with § 65.83(b)(1) for low-throughput transfer racks. The owner or operator is not required to prepare a design evaluation for the halogen reduction device as described in paragraph (b)(3)(i) of this section, if a performance test will be performed which meets the following criteria: (A) The performance test demonstrates that the halogen reduction device achieves greater than or equal to the required control efficiency specified in § 65.83(b)(1) for transfer racks; and (B) The performance test is submitted as part of the Initial Compliance Status Report as specified in § 65.165(b). (c) Nonflare control device monitoring requirements. (2) The owner or operator shall monitor the parameters specified in the Initial Compliance Status Report or in the operating permit. Records shall be generated as specified in § 65.163(b)(1). § 65.146 Nonflare control devices used for equipment leaks only. (a) Equipment and operating requirements. (2) Control devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Performance test requirements. (c) Monitoring requirements. § 65.147 Flares. (a) Flare equipment and operating requirements. (1) Flares shall be operated at all times when emissions are vented to them. (2) Flares shall be designed for and operated with no visible emissions as determined by the methods specified in paragraph (b)(3)(i) of this section, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. (3) Flares shall be operated with a flare flame or at least one pilot flame present at all times, as determined by the methods specified in paragraph (c) of this section. (4) An owner/operator has the choice of adhering to either the heat content specifications in paragraph (a)(4)(ii) of this section and the maximum tip velocity specifications in paragraph (a)(6) of this section, or adhering to the requirements in paragraph (a)(4)(i) of this section. (i)(A) Flares shall be used that have a diameter of 3 inches or greater, are nonassisted, have a hydrogen content of 8.0 percent (by volume), or greater, and are designed for and operated with an exit velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity, V max Where: V max K 1 K 2 X H2 (B) The actual exit velocity of a flare shall be determined by the method specified in paragraph (b)(3)(iii) of this section. (ii) Flares shall be used only when the net heating value of the gas being combusted is 11.2 megajoules per standard cubic meter (300 British thermal units per standard cubic foot) or greater if the flare is steam-assisted or air-assisted, or when the net heating value of the gas being combusted is 7.45 megajoules per standard cubic meter (200 British thermal units per standard cubic foot) or greater if the flare is nonassisted. The net heating value of the gas being combusted shall be determined by the methods specified in paragraph (b)(3)(ii) of this section. (5) Flares used to comply with this section shall be steam-assisted, air-assisted, or nonassisted. (6) Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity as determined by the methods specified in paragraph (b)(3)(iii) of this section, less than 18.3 meters per second (60 feet per sec) except as provided in the following two paragraphs, as applicable: (i) Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity as determined by the methods specified in paragraph (b)(3)(iii) of this section, equal to or less than 122 meters per second (400 feet per second) if the net heating value of the gas being combusted is greater than 37.3 megajoules per standard cubic meter (1,000 British thermal units per standard cubic foot). (ii) Steam-assisted and nonassisted flares shall be designed for and operated with an exit velocity as determined by the methods specified in paragraph (b)(3)(iii) of this section, less than the velocity, V max, and less than 122 meters per second (400 feet per sec), where the maximum permitted velocity, V max Where: V max 28.8 = Constant. 31.7 = Constant. H T (7) Air-assisted flares shall be designed for and operated with an exit velocity as determined by the methods specified in paragraph (b)(3)(iii) of this section, less than the velocity, V max max Where: V max 8.706 = Constant. 0.7084 = Constant. H T (b) Flare compliance determination. (2) Unless already permitted by the applicable title V permit, if an owner or operator elects to use a flare to replace an existing control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a). Upon implementing the change, a flare compliance determination shall be performed using the methods specified in paragraph (b)(3) of this section within 180 days. The compliance determination report shall be submitted to the Administrator within 60 days of completing the determination as provided in § 65.164(b)(2). If an owner or operator elects to use a flare to replace an existing final recovery device that is used on a Group 2A process vent, the owner or operator shall comply with the applicable provisions of §§ 65.63(e) and 65.67(b) and submit the notification specified in § 65.167(a). (3) Flare compliance determinations shall meet the requirements specified in paragraphs (b)(3)(i) through (iv) of this section. (i) Method 22 of appendix A of part 60 shall be used to determine the compliance of flares with the visible emission provisions of this subpart. The observation period is 2 hours, except for transfer racks as provided in either one of the following: (A) For transfer racks, if the loading cycle is less than 2 hours, then the observation period for that run shall be for the entire loading cycle. (B) For transfer racks, if additional loading cycles are initiated within the 2-hour period, then visible emissions observations shall be conducted for the additional cycles. (ii) The net heating value of the gas being combusted in a flare shall be calculated using Equation 147-4 of this section: Where: H T K 1 −7 −1 D j H j (iii) The actual exit velocity of a flare shall be determined by dividing the volumetric flow rate (in units of standard temperature and pressure), as determined by Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60 as appropriate, by the unobstructed (free) cross-sectional area of the flare tip. (iv) Flare flame or pilot monitors, as applicable, shall be operated during any flare compliance determination. (c) Flare monitoring requirements. § 65.148 Incinerators. (a) Incinerator equipment and operating requirements. (2) Incinerators used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Incinerator performance test requirements. (2) An owner or operator is not required to conduct a performance test for a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. The owner or operator shall report as specified in § 65.165(f). (3) Unless already permitted by the applicable title V permit, if an owner or operator elects to use an incinerator to replace an existing control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, an incinerator performance test shall be performed using the methods specified in § 65.157 and within 180 days if required by paragraph (b)(1) of this section. The performance test report shall be submitted to the Administrator within 60 days of completing the determination as provided in § 65.164(b)(2). If an owner or operator elects to use an incinerator to replace an existing recovery device that is used on a Group 2A process vent, the owner or operator shall comply with the applicable provisions of §§ 65.63(e) and 65.67(b) and submit the notification specified in § 65.167(a). (c) Incinerator monitoring requirements. (i) Where an incinerator other than a catalytic incinerator is used, a temperature monitoring device shall be installed in the fire box or in the ductwork immediately downstream of the fire box in a position before any substantial heat exchange occurs. (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (2) The owner or operator shall establish a range for monitored parameters that indicates proper operation of the incinerator. In order to establish the range, the information required in § 65.165(c) shall be submitted in the Initial Compliance Status Report or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications of § 65.157(b)(1) or upon existing ranges or limits established under a referencing subpart. § 65.149 Boilers and process heaters. (a) Boiler and process heater equipment and operating requirements. (2) The vent stream shall be introduced into the flame zone of the boiler or process heater. (3) Boilers and process heaters used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Boiler and process heater performance test requirements. (2) An owner or operator is not required to conduct a performance test when any of the control devices specified in paragraphs (b)(2)(i) through (iii) of this section are used. The owner or operator shall report as specified in § 65.165(f). (i) A boiler or process heater with a design heat input capacity of 44 megawatts (150 million British thermal units per hour) or greater. (ii) A boiler or process heater into which the vent stream is introduced with the primary fuel or is used as the primary fuel. (iii) A boiler or process heater burning hazardous waste for which the owner or operator meets either of the following requirements: (A) The boiler or process heater has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 266, subpart H; or (B) The boiler or process heater has certified compliance with the interim status requirements of 40 CFR part 266, subpart H. (3) Unless already permitted by the applicable title V permit, if an owner or operator elects to use a boiler or process heater to replace an existing control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, a boiler or process heater performance test shall be performed using the methods specified in §§ 65.157 and 65.158 within 180 days if required by paragraph (b)(1) of this section. The performance test report shall be submitted to the Administrator within 60 days of completing the determination as provided in § 65.164(b)(2). If an owner or operator elects to use a boiler or process heater to replace an existing recovery device that is used on a Group 2A process vent, the owner or operator shall comply with the applicable provisions of §§ 65.63(e) and 65.67(b) and submit the notification specified in § 65.167(a). (c) Boiler and process heater monitoring requirements. (2) Where monitoring is required, the owner or operator shall establish a range for monitored parameters that indicates proper operation of the boiler or process heater. In order to establish the range, the information required in § 65.165(c) shall be submitted in the Initial Compliance Status Report or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications of § 65.157(b)(1) or upon existing ranges or limits established under a referencing subpart. § 65.150 Absorbers used as control devices. (a) Absorber equipment and operating requirements. (2) Absorbers used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Absorber performance test requirements. (2) Unless already permitted by the applicable title V permit, if an owner or operator elects to use an absorber to replace an existing recovery or control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, either of the following provisions, as applicable, shall be followed: (i) Replace final recovery device. (ii) Replace control device. (c) Absorber monitoring requirements. (2) The owner or operator shall establish a range for monitored parameters that indicates proper operation of the absorber. In order to establish the range, the information required in § 65.165(c) shall be submitted in the Initial Compliance Status Report or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications of § 65.157(b)(1) or upon existing ranges or limits established under a referencing subpart. § 65.151 Condensers used as control devices. (a) Condenser equipment and operating requirements. (2) Condensers used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Condenser performance test requirements. (2) Unless already permitted by the applicable title V permit, if an owner or operator elects to use a condenser to replace an existing recovery or control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, either of the following provisions, as applicable, shall be followed: (i) Replace final recovery device. (ii) Replace control device. (c) Condenser monitoring requirements. (2) The owner or operator shall establish a range for monitored parameters that indicates proper operation of the condenser. In order to establish the range, the information required in § 65.165(c) shall be submitted in the Initial Compliance Status Report or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications in § 65.157(b)(1) or upon existing ranges or limits established under a referencing subpart. § 65.152 Carbon adsorbers used as control devices. (a) Carbon adsorber equipment and operating requirements. (2) Carbon adsorbers used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Carbon adsorber performance test requirements. (2) Unless already permitted by the applicable title V permit, if an owner or operator elects to use a carbon adsorber to replace an existing recovery or control device at a later date, the owner or operator shall notify the Administrator either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, either of the following provisions, as applicable, shall be followed: (i) Replace final recovery device. (ii) Replace control device. (c) Carbon adsorber monitoring requirements. (2) The owner or operator shall establish a range for monitored parameters that indicates proper operation of the carbon adsorber. Where the regeneration stream flow and carbon-bed temperature are monitored, the range shall be in terms of the total regeneration stream flow per regeneration cycle and the temperature of the carbon-bed determined within 15 minutes of the completion of the regeneration cooling cycle. In order to establish the range, the information required in § 65.165(c) shall be submitted in the Initial Compliance Status Report or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications in § 65.157(b)(1) or upon existing ranges or limits established under a referencing subpart. § 65.153 Absorbers, condensers, carbon adsorbers, and other recovery devices used as final recovery devices. (a) Final recovery device equipment and operating requirements. (2) Recovery devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Recovery device performance test requirements. (2) Replace a final recovery device or control device. (c) Recovery device monitoring requirements. (2) Where a condenser is the final recovery device in the recovery system and the TRE index value is between 1.0 and 4.0, an organic monitoring device capable of providing a continuous record, or a condenser exit (product side) temperature monitoring device capable of providing a continuous record, shall be used. Monitoring results shall be recorded as specified in § 65.161. General requirements for monitoring and continuous parameter monitoring systems are contained in § 65.156. (3) Where a carbon adsorber is the final recovery device in the recovery system and the TRE index value is between 1.0 and 4.0, an organic monitoring device capable of providing a continuous record, or an integrating regeneration stream flow monitoring device having an accuracy of ±10 percent or better capable of recording the total regeneration stream mass or volumetric flow for each regeneration cycle, and a carbon-bed temperature monitoring device capable of recording the carbon-bed temperature after each regeneration and within 15 minutes of completing any cooling cycle, shall be used. Monitoring results shall be recorded as specified in § 65.161. General requirements for monitoring and continuous parameter monitoring systems are contained in § 65.156. (4) Unless previously approved by the Administrator under an applicable standard prior to the implementation date of this part, as specified in § 65.1(f), if an owner or operator uses a recovery device other than those listed in this subpart, the owner or operator shall submit a description of planned monitoring, reporting and recordkeeping procedures as required under § 65.162(e). The Administrator will approve or deny the proposed monitoring, reporting and recordkeeping requirements as part of the review of the submission or permit application or by other appropriate means. (5) The owner or operator shall establish a range for monitored parameters that indicates proper operation of the recovery device. In order to establish the range, the information required in § 65.165(c) shall be submitted in the Initial Compliance Status Report or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications in § 65.157(b)(1) or upon existing ranges or limits established under a referencing subpart. Where the regeneration stream flow and carbon-bed temperature are monitored, the range shall be in terms of the total regeneration stream flow per regeneration cycle, and the temperature of the carbon-bed determined within 15 minutes of the completion of the regeneration cooling cycle. § 65.154 Halogen scrubbers and other halogen reduction devices. (a) Halogen scrubber and other halogen reduction device equipment and operating requirements. (2) Halogen scrubbers and other halogen reduction devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Halogen scrubber and other halogen reduction device performance test requirements. (c) Halogen scrubber and other halogen reduction device monitoring requirements. (i) A pH monitoring device capable of providing a continuous record shall be installed to monitor the pH of the scrubber effluent. (ii) A flow meter capable of providing a continuous record shall be located at the scrubber influent for liquid flow. Gas stream flow shall be determined using one of the following procedures: (A) The owner or operator may determine gas stream flow using the design blower capacity, with appropriate adjustments for pressure drop. (B) If the scrubber is subject to regulations in 40 CFR parts 264 through 266 that have required a determination of the liquid to gas (L/G) ratio prior to the applicable compliance date for the chemical manufacturing process unit of which it is part, as specified in 40 CFR 63.100(k) (if the referencing subpart is 40 CFR part 63, subpart F), or prior to the implementation date as specified in § 65.1(f) (for all other referencing subparts), the owner or operator may determine gas stream flow by the method that had been utilized to comply with those regulations. A determination that was conducted prior to that compliance date may be utilized to comply with this subpart if it is still representative. (C) The owner or operator may prepare and implement a gas stream flow determination plan that documents an appropriate method that will be used to determine the gas stream flow. The plan shall require determination of gas stream flow by a method that will at least provide a value for either a representative or the highest gas stream flow anticipated in the scrubber during representative operating conditions other than startups, shutdowns, or malfunctions. The plan shall include a description of the methodology to be followed and an explanation of how the selected methodology will reliably determine the gas stream flow and a description of the records that will be maintained to document the determination of gas stream flow. The owner or operator shall maintain the plan as specified in § 65.5. (2) Where a halogen reduction device other than a scrubber is used, the procedures in § 65.162(e) shall be followed to establish monitoring parameters. (3) The owner or operator shall establish a range for monitored parameters that indicates proper operation of the scrubber or other halogen reduction device. In order to establish the range, the information required in § 65.165(c) shall be submitted in the Initial Compliance Status Report or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications in § 65.157(b)(1), or upon existing ranges or limits established under a referencing subpart. § 65.155 Other control devices. (a) Other control device equipment and operating requirements. (2) Other control devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Other control device performance test requirements. (2) Unless already permitted by the applicable title V permit, if an owner or operator elects to use another control device to replace an existing control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, another control device performance test shall be performed using the methods specified in §§ 65.157 and 65.158 within 180 days if required by paragraph (b)(1) of this section. The performance test report shall be submitted to the Administrator within 60 days of completing the determination as provided in § 65.164(b)(2). If an owner or operator elects to use a control device to replace an existing recovery device that is used on a Group 2A process vent, the owner or operator shall comply with the applicable provisions of §§ 65.63(e) and 65.67(b) and submit the notification specified in § 65.167(a). (c) Other control device monitoring requirements. (2) The owner or operator shall establish a range for monitored parameters that indicates proper operation of the control device. To establish the range, the information required in § 65.165(c) shall be submitted in the Initial Compliance Status Report or the operating permit application or amendment. The range may be based upon a prior performance test meeting the specifications in § 65.157(b)(1) or upon existing ranges or limits established under a referencing subpart. § 65.156 General monitoring requirements for control and recovery devices. (a) General monitoring requirement applicability. (2) Flares subject to § 65.147(c) are not subject to the requirements of this section. (3) Flow indicators are not subject to the requirements of this section. (b) Conduct of monitoring. (i) The Administrator specifies or approves the use of minor or intermediate changes in the specified monitoring requirements or procedures as provided in § 65.7(b), (c), and (d); or (ii) The Administrator specifies or approves the use of major changes in the specified monitoring requirements or procedures as provided in § 65.7(b), (c), and (d). (2) When one CPMS is used as a backup to another CPMS, the owner or operator shall report the results from the CPMS used to meet the monitoring requirements of this subpart. If both such CPMS are used during a particular reporting period to meet the monitoring requirements of this part, then the owner or operator shall report the results from each CPMS for the relevant compliance period. (c) Operation and maintenance of continuous parameter monitoring systems. (2) The owner or operator of a regulated source shall maintain and operate each CPMS as specified in this section or in a relevant subpart and in a manner consistent with good air pollution control practices. (i) The owner or operator of a regulated source shall ensure the immediate repair or replacement of CPMS parts to correct “routine” or otherwise predictable CPMS malfunctions. The necessary parts for routine repairs of the affected equipment shall be readily available. (ii) Except for Group 2A process vents, if the startup, shutdown, and malfunction plan is followed during a CPMS startup, shutdown, or malfunction and the CPMS is repaired immediately, this action shall be reported in the semiannual startup, shutdown, and malfunction report required under § 65.6(c). (iii) The Administrator's determination of whether acceptable operation and maintenance procedures are being used for the CPMS will be based on information that may include, but is not limited to, review of operation and maintenance procedures, operation and maintenance records, manufacturer's recommendations and specifications, and inspection of the CPMS. (3) All CPMS shall be installed and operational, and the data verified as specified in this subpart either prior to or in conjunction with conducting performance tests. Verification of operational status shall, at a minimum, include completion of the manufacturer's written specifications or recommendations for installation, operation, and calibration of the system or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. (4) All CPMS shall be installed such that representative measurements of parameters from the regulated source are obtained. (5) In accordance with § 65.3(a)(3), except for system breakdowns, repairs, maintenance periods, instrument adjustments or checks to maintain precision and accuracy, calibration checks, and zero and span adjustments, all CPMS shall be in continuous operation when emissions are being routed to the monitored device. (d) Except for Group 2A process vents, the parameter monitoring data shall be used to determine compliance with the required operating conditions for the monitored control devices. For each excursion, except for excused excursions and the excursions described in paragraph (d)(3) of this section, the owner or operator shall be deemed to have failed to have applied the control in a manner that achieves the required operating conditions. (1) An excursion means any of the three cases listed in paragraphs (d)(1)(i) through (iii) of this section. For a control device where multiple parameters are monitored, if one or more of the parameters meets the excursion criteria in paragraph (d)(1)(i), (ii), or (iii) of this section, this is considered a single excursion for the day for the control device. (i) When the daily average value of one or more monitored parameters is outside the permitted range. (ii) When the period of control or recovery device operation is 4 hours or greater in an operating day, and monitoring data are insufficient to constitute a valid hour of data for at least 75 percent of the operating hours. (iii) When the period of control or recovery device operation is less than 4 hours in an operating day, and more than 1 hour during the period of operation does not constitute a valid hour of data due to insufficient monitoring data. (iv) Monitoring data are insufficient to constitute a valid hour of data as used in paragraphs (d)(1)(ii) and (iii) of this section, if measured values are unavailable for any of the 15-minute periods within the hour. For data compression systems approved under § 65.162(d)(4), monitoring data are insufficient to calculate a valid hour of data if there are less than four data values recorded during the hour. (2) One excused excursion for each control device or recovery device for each semiannual period is allowed. (3) The following excursions are not violations and do not count as excused excursions: (i) Excursions which occur during periods of startup, shutdown, and malfunction, when the source is being operated during such periods to minimize emissions in accordance with § 65.3(a)(3). (ii) Excursions which occur due to failure to collect a valid hour of data during periods of startup, shutdown, and malfunction, when the source is being operated during such periods in accordance with § 65.3(a)(3). (iii) Excursions which occur during periods of nonoperation of the regulated source or portion thereof, resulting in cessation of the emissions to which monitoring applies. (4) Nothing in paragraph (d) of this section shall be construed to allow or excuse a monitoring parameter excursion caused by any activity that violates other applicable provisions of this part. (5) Paragraph (d) of this section applies to emission points and control devices for which continuous monitoring is required by this subpart, and to alternatives to continuous monitoring systems such as provided in § 65.162(d)(3) and (d)(4). Paragraph (d)(3) of this section also applies to emission points and control devices which are not subject to continuous monitoring requirements, such as inspections of the closed vent system. (e) Alternative monitoring parameter. [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006] § 65.157 Performance test and flare compliance determination requirements. (a) Performance tests and flare compliance determinations. (b) Prior test results and waivers. (1) Unless requested by the Administrator, an owner or operator is not required to conduct a performance test or flare compliance determination under this subpart if a prior performance test or compliance determination was conducted using the same methods specified in § 65.158, and either no process changes have been made since the test or the owner or operator can demonstrate to the Administrator's satisfaction that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. (2) Individual performance tests and flare compliance determinations may be waived upon written application to the Administrator per § 65.164(b)(3) if, in the Administrator's judgment, the source is meeting the relevant standard(s) on a continuous basis, or the source is being operated under an extension of compliance under 40 CFR part 63, or a waiver of compliance under 40 CFR part 61, or the owner or operator has requested an extension of compliance under 40 CFR part 63, or a waiver of compliance under 40 CFR part 61, and the Administrator is still considering that request. (3) Approval of any waiver granted under this section shall not abrogate the Administrator's authority under the Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notification is given to the owner or operator of the source. (c) Performance tests and flare compliance determinations schedule. (1) Unless a waiver of performance testing or flare compliance determination is obtained under this section or the conditions of another subpart of this part, the owner or operator shall perform such tests specified in the following: (i) Within 180 days after the effective date of a relevant standard for a new source that has an initial startup date before the effective date of that standard; or (ii) Within 180 days after initial startup for a new source that has an initial startup date after the effective date of a relevant standard; or (iii) Within 180 days after the compliance date specified in a referencing subpart for an existing source or within 180 days after startup of an existing source if the source begins operation after the effective date of the relevant 40 CFR part 63 emission standard; or (iv) Within 180 days after the compliance date for an existing source subject to an emission standard established pursuant to section 112(f) of the Act; or (v) Within 180 days after the termination date of the source's extension of compliance or a waiver of compliance for an existing source that obtains an extension of compliance under 40 CFR 63.6(i) or a waiver of compliance under 40 CFR 61.11; or (vi) Within 180 days after the compliance date for a new source, subject to an emission standard established pursuant to section 112(f) of the Act, for which construction or reconstruction is commenced after the proposal date of a relevant standard established pursuant to section 112(d) of the Act but before the proposal date of the relevant standard established pursuant to section 112(f) of the Act (see 40 CFR 63.6(b)(4)); or (vii) When a promulgated emission standard under 40 CFR part 63 is more stringent than the standard that was proposed (see 40 CFR 63.6(b)(3)), the owner or operator of a new or reconstructed source subject to that standard for which construction or reconstruction is commenced between the proposal and promulgation dates of the standard shall comply with performance testing requirements within 180 days after the standard's effective date or within 180 days after startup of the source, whichever is later. If the promulgated standard is more stringent than the proposed standard, the owner or operator may choose to demonstrate compliance initially with either the proposed or the promulgated standard. If the owner or operator chooses to comply with the proposed standard initially, the owner or operator shall conduct a second performance test within 3 years and 180 days after the effective date of the standard, or after startup of the source, whichever is later, to demonstrate compliance with the promulgated standard. (viii) If a force majeure is about to occur, occurs, or has occurred for which the affected owner or operator intends to assert a claim of force majeure, the owner or operator shall notify the Administrator, in writing as soon as practicable following the date the owner or operator first knew, or through due diligence should have known that the event may cause or caused a delay in testing beyond the regulatory deadline, but the notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the notice, and in such cases, the notification shall occur as soon as practicable. (ix) The owner or operator shall provide to the Administrator a written description of the force majeure event and a rationale for attributing the delay in testing beyond the regulatory deadline to the force majeure; describe the measures taken or to be taken to minimize the delay; and identify a date by which the owner or operator proposes to conduct the performance test. The performance test shall be conducted as soon as practicable after the force majeure occurs. (x) The decision as to whether or not to grant an extension to the performance test deadline is solely within the discretion of the Administrator. The Administrator will notify the owner or operator in writing of approval or disapproval of the request for an extension as soon as practicable. (xi) Until an extension of the performance test deadline has been approved by the Administrator under paragraphs (c)(1)(viii), (c)(1)(ix), and (c)(1)(x) of this section, the owner or operator of the affected facility remains strictly subject to the requirements of this part. (2) The Administrator may require an owner or operator to conduct performance tests and compliance determinations at the regulated source at any time when the action is authorized by section 114 of the Act. (d) Performance testing facilities. (1) Sampling ports adequate for test methods applicable to such source. This includes, as applicable, the following requirements: (i) Constructing the air pollution control system such that volumetric flow rates and pollutant emission rates can be accurately determined by applicable test methods and procedures; and (ii) Providing a stack or duct free of cyclonic flow during performance tests as demonstrated by applicable test methods and procedures; (2) Safe sampling platform(s); (3) Safe access to sampling platform(s); (4) Utilities for sampling and testing equipment; and (5) Any other facilities that the Administrator deems necessary for safe and adequate testing of a source. [65 FR 78285, Dec. 14, 2000, as amended at 72 FR 48942, Aug. 27, 2007; 72 FR 73626, Dec. 28, 2007] § 65.158 Performance test procedures for control devices. (a) General procedures. (1) Performance tests shall be conducted at maximum representative operating conditions for the process unless the Administrator specifies or approves alternate operating conditions. During the performance test, an owner or operator may operate the control or halogen reduction device at maximum or minimum representative operating conditions for monitored control or halogen reduction device parameters, whichever results in lower emission reduction. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test. (2) Performance tests shall be conducted and data shall be reduced in accordance with the test methods and procedures set forth in this subpart, in each relevant standard, and, if required, in applicable appendices of 40 CFR parts 51, 60, 61, and 63 unless the Administrator allows revisions to the test methods as specified in one or more of the following five paragraphs: (i) The Administrator specifies or approves, in specific cases, the use of a test method with minor or intermediate changes in methodology; or (ii) The Administrator approves the use of a major change to a test method, the results of which the Administrator has determined to be adequate for indicating whether a specific regulated source is in compliance; or (iii) Intermediate and major changes to a test method shall be validated using the applicable procedures of Method 301 of appendix A of 40 CFR part 63; or (iv) The Administrator waives the requirement for the performance test as provided in § 65.157(b)(2) because the owner or operator of a regulated source has demonstrated by other means to the Administrator's satisfaction that the regulated source is in compliance with the relevant standard; or (v) The Administrator approves the use of an equivalent method. (3) Each performance test shall consist of three separate runs using the applicable test method. Except as provided in paragraphs (a)(3)(i) and (ii) of this section, each run shall be conducted for at least 1 hour and under the conditions specified in this section. For the purpose of determining compliance with an applicable standard, the arithmetic mean of results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the owner or operator's control, compliance may, upon the Administrator's approval, be determined using the arithmetic mean of the results of the two other runs. (i) For control devices that are used to control emissions from high-throughput transfer racks, and that are capable of continuous vapor processing but do not handle continuous emissions or emissions from high-throughput transfer racks that load simultaneously from multiple loading arms, each run shall represent at least one complete tank truck or tank car loading period during which regulated materials are loaded, and samples shall be collected using integrated sampling or grab samples taken at least four times per hour at approximately equal intervals of time, such as 15-minute intervals. (ii) For intermittent vapor processing systems used for controlling high-throughput transfer rack emissions that do not handle continuous emissions or multiple loading arms of a high-throughput transfer rack that load simultaneously, each run shall represent at least one complete control device cycle, and samples shall be collected using integrated sampling or grab samples taken at least four times per hour at approximately equal intervals of time, such as 15-minute intervals. (b) Test methods. (1) Method 1 or 1A of appendix A of 40 CFR part 60 as appropriate, shall be used for selection of the sampling sites. (i) For determination of compliance with a percent reduction requirement of total regulated material or TOC, sampling sites shall be located at the inlet of the control device as specified in the following and at the outlet of the control device: (A) For process vents, the control device inlet sampling site shall be located after the final product recovery device. (B) If a vent stream is introduced with the combustion air or as a secondary fuel into a boiler or process heater with a design capacity less than 44 megawatts (150 million British thermal units per hour), selection of the location of the inlet sampling sites shall ensure the measurement of total regulated material or TOC (minus methane and ethane) concentrations, as applicable, in all vent streams and primary and secondary fuels introduced into the boiler or process heater. (ii) For determination of compliance with the 20 parts per million by volume total regulated material or TOC limit in § 65.63(a)(2), § 65.83(a)(1), and 40 CFR 60.562-1(a)(1)(i)(A), the sampling site shall be located at the outlet of the control device. (2) The gas volumetric flow rate shall be determined using Method 2, 2A, 2C, or 2D of appendix A of 40 CFR part 60, as appropriate. (3) To determine compliance with the 20 parts per million by volume total regulated material or TOC (minus methane and ethane) limit, the owner or operator shall use Method 18 of appendix A of 40 CFR part 60 to measure either TOC minus methane and ethane or total regulated material, as applicable. Alternatively, any other method or data that have been validated according to the applicable procedures in Method 301 of appendix A of 40 CFR part 63 may be used. Method 25A may be used for transfer racks as detailed in paragraph (b)(3)(iv) of this section. The procedures specified in paragraphs (b)(3)(i) through (iv) of this section shall be used to calculate parts per million by volume concentration, corrected to 3 percent oxygen. (i) Except as provided in paragraphs (a)(3)(i) and (ii) of this section, the minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15 minute intervals during the run. (ii) The concentration of either TOC (minus methane or ethane) or total regulated material shall be calculated according to the following two paragraphs, as appropriate: (A) The TOC concentration (C TOC Where: C REG TOC x = Number of samples in the sample run. n = Number of components in the sample. C ji (B) The total regulated material (C REG (iii) The concentration of TOC or total regulated material, as applicable, shall be corrected to 3 percent oxygen if a combustion device is the control device. (A) The emission rate correction factor (or excess air) integrated sampling and analysis procedures of Method 3B of appendix A of 40 CFR part 60 shall be used to determine the oxygen concentration. The sampling site shall be the same as that of the regulated material or organic compound samples, and the samples shall be taken during the same time that the regulated material or organic compound samples are taken. (B) The concentration corrected to 3 percent oxygen (C c Where: C c C m %O2 d (iv) Method 25A of appendix A of 40 CFR part 60 may be used for the purpose of determining compliance with the 20 parts per million by volume limit specified in § 65.83(a)(1) for transfer racks. If Method 25A of appendix A of 40 CFR part 60 is used, the following procedures shall be used to calculate the concentration of organic compounds (C TOC (A) The principal organic HAP in the vent stream shall be used as the calibration gas. (B) The span value for Method 25A of appendix A of 40 CFR part 60 shall be between 1.5 and 2.5 times the concentration being measured. (C) Use of Method 25A of appendix A of 40 CFR part 60 is acceptable if the response from the high-level calibration gas is at least 20 times the standard deviation of the response from the zero calibration gas when the instrument is zeroed on the most sensitive scale. (D) The concentration of TOC shall be corrected to 3 percent oxygen using the procedures and equation in paragraph (b)(3)(iii) of this section. (4) To determine compliance with a percent reduction requirement, the owner or operator shall use Method 18 of appendix A of 40 CFR part 60; alternatively, any other method or data that have been validated according to the applicable procedures in Method 301 of appendix A of 40 CFR part 63 may be used. Method 25A of appendix A of 40 CFR part 60 may be used for transfer racks as detailed in paragraph (b)(4)(v) of this section. Procedures specified in paragraphs (b)(4)(i) through (v) of this section shall be used to calculate percent reduction efficiency. (i) Except as provided in paragraphs (a)(3)(i) and (ii) of this section, the minimum sampling time for each run shall be 1 hour in which either an integrated sample or a minimum of four grab samples shall be taken. If grab sampling is used, then the samples shall be taken at approximately equal intervals in time, such as 15-minute intervals during the run. (ii) The mass rate of either TOC (minus methane and ethane) or total regulated material (E i o (A) Equations 158-3 and 158-4 of this section shall be used: Where: E i o TOC HAP K 2 −6 −1 n = Number of components in the sample. C ij oj ij oj M ij oj Q i o (B) Where the mass rate of TOC is being calculated, all organic compounds (minus methane and ethane) measured by Method 18 of appendix A of 40 CFR part 60 are summed using equations 158-3 and 158-4 of this section. (C) Where the mass rate of total regulated material is being calculated, only the species comprising the regulated material shall be summed using equations 158-3 and 158-4 of this section. Where the regulated material is organic HAP's, the list of organic HAP's provided in table 2 of 40 CFR part 63, subpart F, shall be used. (iii) The percent reduction in TOC (minus methane and ethane) or total regulated material shall be calculated using Equation 158-5 of this section: Where: R = Control efficiency of control device, percent. E i E o (iv) If the vent stream entering a boiler or process heater with a design capacity less than 44 megawatts (150 million British thermal units) is introduced with the combustion air or as a secondary fuel, the weight-percent reduction of total regulated material or TOC (minus methane and ethane) across the device shall be determined by comparing the TOC (minus methane and ethane) or total regulated material in all combusted vent streams and primary and secondary fuels with the TOC (minus methane and ethane) or total regulated material exiting the combustion device, respectively. (v) Method 25A of appendix A of 40 CFR part 60 may also be used for the purpose of determining compliance with the percent reduction requirement for transfer racks. (A) If Method 25A of appendix A of 40 CFR part 60 is used to measure the concentration of organic compounds (C TOC (B) An emission testing interval shall consist of each 15-minute period during the performance test. For each interval, a reading from each measurement shall be recorded. (C) The average organic compound concentration and the volume measurement shall correspond to the same emissions testing interval. (D) The mass at the inlet and outlet of the control device during each testing interval shall be calculated using Equation 158-6 of this section: Where: M j F = 10 −6 −1 K = Density, kilograms per standard cubic meter regulated material. You may use 659 kilograms per standard cubic meter regulated material. (Note: The density term cancels out when the percent reduction is calculated. Therefore, the density used has no effect. The density of hexane is given so that it can be used to maintain the units of M j V s C t (E) The organic compound mass emission rates at the inlet and outlet of the control device shall be calculated as follows: Where: E i o n = Number of testing intervals. M ij oj T = Total time of all testing intervals, hours. (c) Halogen test method. (1) For an owner or operator determining compliance with the percent reduction of total hydrogen halides and halogens, sampling sites shall be located at the inlet and outlet of the scrubber or other halogen reduction device used to reduce halogen emissions. For an owner or operator determining compliance with the less than 0.45 kilogram per hour (0.99 pounds per hour) outlet emission limit for total hydrogen halides and halogens, the sampling site shall be located at the outlet of the scrubber or other halogen reduction device and prior to any releases to the atmosphere. (2) Except as provided in paragraph (a)(2) of this section, Method 26 or Method 26A of appendix A of 40 CFR part 60 shall be used to determine the concentration, in milligrams per dry standard cubic meter, of total hydrogen halides and halogens that may be present in the vent stream. The mass emissions of each hydrogen halide and halogen compound shall be calculated from the measured concentrations and the gas stream flow rate. (3) To determine compliance with the percent removal efficiency, the mass emissions for any hydrogen halides and halogens present at the inlet of the halogen reduction device shall be summed together. The mass emissions of the compounds present at the outlet of the scrubber or other halogen reduction device shall be summed together. Percent reduction shall be determined by comparison of the summed inlet and outlet measurements. (4) To demonstrate compliance with the less than 0.45 kilogram per hour (0.99 pound per hour) outlet emission limit, the test results must show that the mass emission rate of total hydrogen halides and halogens measured at the outlet of the scrubber or other halogen reduction device is below 0.45 kilogram per hour (0.99 pound per hour). § 65.159 Flare compliance determination and monitoring records. (a) Conditions of flare compliance determination records. (b) Flare compliance determination records. (1) Flare design ( i.e., (2) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the flare compliance determination; and (3) All periods during the flare compliance determination when all pilot flames are absent or, if only the flare flame is monitored, all periods when the flare flame is absent. (c) Monitoring records. (d) Compliance records. (2) Each owner or operator shall keep records of the times and durations of all periods during which the flare flame or pilot flame monitors are not operating. § 65.160 Performance test and TRE index value determination records. (a) Availability of performance tests records. (b) Nonflare control device and halogen reduction device performance test records. (1) Nonflare combustion device. (i) For thermal incinerators, record the fire box temperature measured at least every 15 minutes and averaged over the full period of the performance test. (ii) For catalytic incinerators, record the upstream and downstream temperatures and the temperature difference across the catalyst bed measured at least every 15 minutes and averaged over the full period of the performance test. (iii) For an incinerator, record the percent reduction of regulated material or TOC achieved by the incinerator determined as specified in § 65.158(b)(4), as applicable, or the concentration of regulated material or TOC (parts per million by volume, by compound) determined as specified in § 65.158(b)(3) at the outlet of the incinerator. (iv) For a boiler or process heater, record a description of the location at which the vent stream is introduced into the boiler or process heater. (v) For boilers or process heaters with a design heat input capacity less than 44 megawatts (150 British thermal units per hour) and where the vent stream is not introduced with or as the primary fuel, record the fire box temperature measured at least every 15 minutes and averaged over the full period of the performance test. (vi) For a boiler or process heater with a design heat input capacity of less than 44 megawatts (150 British thermal units per hour) and where the vent stream is not introduced with or as the primary fuel, record the percent reduction of regulated material or TOC, or the concentration of regulated material or TOC (parts per million by volume, by compound) determined as specified in § 65.158(b)(3) at the outlet of the combustion device. (2) Other nonflare control devices. (i) Where an absorber is used as the control device, the exit specific gravity and average exit temperature of the absorbing liquid measured at least every 15 minutes and averaged over the same time period as the performance test (both measured while the vent stream is normally routed and constituted); or (ii) Where a condenser is used as the control device, the average exit (product side) temperature measured at least every 15 minutes and averaged over the same time period as the performance test while the vent stream is routed and constituted normally; or (iii) Where a carbon adsorber is used as the control device, the total regeneration stream mass flow during each carbon-bed regeneration cycle during the period of the performance test measured at least every 15 minutes and averaged over the same time period as the performance test (full carbon-bed cycle), and temperature of the carbon-bed after each regeneration during the period of the performance test (and within 15 minutes of completion of any cooling cycle or cycles); or (iv) As an alternative to paragraph (b)(2)(i), (ii), or (iii) of this section, the concentration level or reading indicated by the organics monitoring device at the outlet of the absorber, condenser, or carbon adsorber measured at least every 15 minutes and averaged over the same time period as the performance test while the vent stream is normally routed and constituted; and (v) For an absorber, condenser, or carbon adsorber used as a control device, the percent reduction of regulated material or TOC achieved by the control device determined as specified in § 65.158(b)(4), or the concentration of regulated material or TOC (parts per million by volume, by compound) determined as specified in § 65.158(b)(3) at the outlet of the control device. (3) Halogen reduction devices. (i) The percent reduction or scrubber outlet mass emission rate of total hydrogen halides and halogens as specified in § 65.158(c); (ii) The pH of the scrubber effluent averaged over the time period of the performance test; and (iii) The scrubber liquid-to-gas ratio averaged over the time period of the performance test. (c) Recovery device monitoring records during the TRE index value determination. (1) Where an absorber is the final recovery device in the recovery system, the exit specific gravity and average exit temperature of the absorbing liquid measured at least every 15 minutes and averaged over the same time period as the TRE index value determination (both measured while the vent stream is normally routed and constituted); or (2) Where a condenser is the final recovery device in the recovery system, the average exit (product side) temperature measured at least every 15 minutes and averaged over the same time period as the TRE index value determination while the vent stream is routed and constituted normally; or (3) Where a carbon adsorber is the final recovery device in the recovery system, the total regeneration stream mass flow measured at least every 15 minutes and averaged over the same time during each carbon-bed regeneration cycle during the period of the TRE index value determination, and temperature of the carbon-bed after each regeneration during the period of the TRE index value determination (and within 15 minutes of completion of any cooling cycle or cycles); or (4) As an alternative to paragraph (c)(1), (2), or (3) of this section, the concentration level or reading indicated by an organics monitoring device at the outlet of the absorber, condenser, or carbon adsorber measured at least every 15 minutes and averaged over the same time period as the TRE index value determination while the vent stream is normally routed and constituted; and (5) All measurements and calculations performed to determine the TRE index value of the vent stream as specified in § 65.64(h). (d) Halogen concentration records. § 65.161 Continuous records and monitoring system data handling. (a) Continuous records. (1) A record of values measured at least once every 15 minutes or each measured value for systems that measure more frequently than once every 15 minutes; or (2) A record of block average values for 15-minute or shorter periods calculated from all measured data values during each period or from at least one measured data value per minute if measured more frequently than once per minute; or (3) For data collected from an automated continuous parameter monitoring system, a record of block hourly average values calculated from each 15-minute block average period or from at least one measured value per minute if measured more frequently than once per minute, and a record of the most recent 3 valid hours of continuous (15-minute or shorter) records meeting the requirements of paragraph (a)(1) or (2) of this section. Records meeting the requirements of paragraph (a)(1) or (2) of this section shall also be kept for all periods that include CPMS breakdown or malfunction. During these periods, it is not necessary to calculate hourly averages; or (4) A record as required by an alternative approved under § 65.162(d). (b) Excluded data. (1) Monitoring system breakdowns, repairs, preventive maintenance, calibration checks, and zero (low-level) and high-level adjustments; (2) Periods of non-operation of the process unit (or portion thereof), resulting in cessation of the emissions to which the monitoring applies; and (3) Startups, shutdowns, and malfunctions. (c) Records of daily averages. (1) Except as specified in paragraph (c)(2) of this section, daily average values of each continuously monitored parameter shall be calculated for each operating day. Data meeting the specifications of paragraph (b) of this section shall not be included in the average. The data shall be reported in the periodic report as specified in § 65.166(f), if applicable. (i) The daily average shall be calculated as the average of all values for a monitored parameter recorded during the operating day as specified in paragraph (a)(1), (2), or (3) of this section. The average shall cover a 24-hour period if operation is continuous, or the number of hours of operation per operating day if operation is not continuous (for example, for high-throughput transfer racks, the average shall cover periods of loading). If values are measured more frequently than once per minute, a single value for each minute may be used to calculate the daily average instead of all measured values. (ii) The operating day shall be the period defined in the operating permit or the Initial Compliance Status Report. It may be from midnight to midnight or another daily period. (2) If all monitored parameter values recorded under paragraph (a)(1), (2), or (3) of this section, during an operating day are within the range established in the Initial Compliance Status Report or in the operating permit, the owner or operator does not have to calculate a daily average value for the operating day and may record that all values were within the range. The owner or operator must continue to retain the raw data, 15-minute averages, or the hourly averages required under paragraph (a)(1), (2), or (3) of this section. (d) Valid data. (e) Alternative recordkeeping. (1) The owner or operator may retain only the daily average value and is not required to retain more frequently monitored operating parameter values for a monitored parameter with respect to an item of equipment if the requirements of paragraphs (e)(1)(i) through (vi) of this section are met. The owner or operator shall notify the Administrator of implementation of paragraph (e)(1) of this section in the Initial Compliance Status Report as required in § 65.165(e) or, if the Initial Compliance Status Report has already been submitted, in the periodic report as required in § 65.166(f)(4) immediately preceding implementation of the requirements of paragraph (e)(1) of this section. (i) The monitoring system can detect unrealistic or impossible data during periods of operation other than startups, shutdowns, or malfunctions (for example, a temperature reading of −200 °C on a boiler) and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence. (ii) The monitoring system shall generate a running average of the monitoring values, updated at least hourly throughout each operating day, that have been obtained during that operating day, and the capability to observe this average is readily available to the Administrator on-site during the operating day. All instances in an operating day constitute a single occurrence. The owner or operator shall record the occurrence of any period meeting the following criteria: (A) The running average is above the maximum or below the minimum established limits; (B) The running average is based on at least six 1-hour average values; (C) The running average reflects a period of operation other than a startup, shutdown, or malfunction. (iii) The monitoring system shall be capable of detecting unchanging data during periods of operation other than startups, shutdowns, or malfunctions except in circumstances where the presence of unchanging data is the expected operating condition based on past experience (for example, pH in some scrubbers), and will alert the operator by alarm or other means. The owner or operator shall record the occurrence. All instances of the alarm or other alert in an operating day constitute a single occurrence. (iv) The monitoring system shall alert the owner or operator by an alarm if the running average parameter value calculated under paragraph (e)(1)(ii) of this section reaches a set point that is appropriately related to the established limit for the parameter that is being monitored. (v) The owner or operator shall verify and document the proper functioning of the monitoring system, including its ability to comply with the requirements of paragraph (e)(1) of this section, at the following times: (A) Upon initial installation; (B) Annually after initial installation; and (C) After any change to the programming or equipment constituting the monitoring system, that might reasonably be expected to alter the monitoring system's ability to comply with the requirements of this section. (vi) The owner or operator shall retain the following records: (A) Identification of each parameter for each item of equipment for which the owner or operator has elected to comply with the requirements of § 65.162(e). (B) A description of the applicable monitoring system(s) and of how compliance will be achieved with each requirement of paragraphs (e)(1)(i) through (v) of this section. The description shall identify the location and format (for example, on-line storage; log entries) for each required record. If the description changes, the owner or operator shall retain both the current and the most recent outdated description. (C) A description and the date of any change to the monitoring system that would reasonably be expected to affect its ability to comply with the requirements of paragraph (e)(1) of this section. (D) Owners and operators shall retain the current description of the monitoring system as long as the description is current, but not less than 5 years from the date of its creation. The current description shall be retained on-site at all times or be accessible from a central location by computer or other means that provide access within 2 hours after a request. The owner or operator shall retain the most recent outdated description at least until 5 years from the date of its creation. The outdated description shall be retained on-site (or accessible from a central location by computer that provides access within 2 hours after a request) at least 6 months after being outdated. Thereafter, the outdated description may be stored off-site. (2) If an owner or operator has elected to implement the requirements of paragraph (e)(1) of this section and a period of 6 consecutive months has passed without an excursion as defined in paragraph (e)(2)(iv) of this section, the owner or operator is no longer required to record the daily average value for that parameter for that unit of equipment for any operating day when the daily average value is less than the maximum or greater than the minimum established limit. With approval by the Administrator, monitoring data generated prior to the compliance date of this subpart shall be credited toward the period of 6 consecutive months if the parameter limit and the monitoring were required and/or approved by the Administrator. (i) If the owner or operator elects not to retain the daily average values, the owner or operator shall notify the Administrator in the next periodic report. The notification shall identify the parameter and unit of equipment. (ii) If there is an excursion as defined in paragraph (e)(2)(iv) of this section on any operating day after the owner or operator has ceased recording daily averages as provided in paragraph (e)(2) of this section, the owner or operator shall immediately resume retaining the daily average value for each day and shall notify the Administrator in the next periodic report. The owner or operator shall continue to retain each daily average value until another period of 6 consecutive months has passed without an excursion. (iii) The owner or operator shall retain the records specified in paragraphs (e)(1)(i) through (vi) of this section for the duration specified in § 65.4. For any calendar week, if compliance with paragraphs (e)(1)(i) through (iv) of this section does not result in retention of a record of at least one occurrence or measured parameter value, the owner or operator shall record and retain at least one parameter value during a period of operation other than a startup, shutdown, or malfunction. (iv) For purposes of paragraph (e) of this section, an excursion means that the daily average value of monitoring data for a parameter is greater than the maximum or less than the minimum established value except as provided in the following: (A) The daily average value during any startup, shutdown, or malfunction shall not be considered an excursion for purposes of this paragraph (e) if the owner or operator operates the source in accordance with § 65.3(a). (B) Excused excursions described in § 65.156(d)(2) and excursions described in § 65.156(d)(3) do not count toward the number of excursions for purposes of this paragraph (e). [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006] § 65.162 Nonflare control and recovery device monitoring records. (a) Monitoring system records. (1) For CPMS used to comply with this part, a record of the procedure used for calibrating the CPMS. (2) For CPMS used to comply with this subpart, records of the following information, as applicable: (i) The date and time of completion of calibration and preventive maintenance of the CPMS; (ii) The “as found” and “as left” CPMS readings whenever an adjustment is made that affects the CPMS reading and a “no adjustment” statement otherwise; (iii) The start time and duration or start and stop time of any periods when the CPMS is inoperative or malfunctioning; (iv) Records of the occurrence and duration of each startup, shutdown, and malfunction of CPMS used to comply with this part during which excess emissions (as defined in § 65.3(a)(4)) occur; and (v) For each startup, shutdown, and malfunction during which excess emissions as defined in § 65.3(a)(4) of this part occur, records whether the procedures specified in the source's startup, shutdown, and malfunction plan were followed and documentation of actions taken that are not consistent with the plan. These records may take the form of a checklist, or other form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan for the event. (3) Records of startup, shutdown, and malfunction and CPMS calibration and maintenance are not required if they pertain solely to Group 2A process vents. (b) Combustion control and halogen reduction device monitoring records. (2) Each owner or operator shall keep records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 65.161(c)(1). For catalytic incinerators, record the daily average of the temperature upstream of the catalyst bed and the daily average of the temperature differential across the bed. For halogen scrubbers, record the daily average pH and the liquid-to-gas ratio. (3) Each owner or operator subject to the provisions of this subpart shall keep up-to-date, readily accessible records of periods of operation during which the parameter boundaries are exceeded and report these exceedances as specified in § 65.166(f)(1). The parameter boundaries are established pursuant to § 65.148(c)(2) (incinerator monitoring), § 65.149(c)(2) (boiler and process heater monitoring), § 65.154(c)(2) (halogen reduction device monitoring), or § 65.155(c)(2) (other control device monitoring), as applicable. (c) Monitoring records for recovery devices on Group 2A process vents and for absorbers, condensers, carbon adsorbers, or other noncombustion systems used as control devices. (2) Each owner or operator shall keep records of the daily average value of each continuously monitored parameter for each operating day determined according to the procedures specified in § 65.161(c)(1). If carbon adsorber regeneration stream flow and carbon bed regeneration temperature are monitored, the following records shall be kept instead of the daily averages, and the records shall be reported as specified in § 65.166(f)(2): (i) Records of total regeneration stream mass or volumetric flow for each carbon-bed regeneration cycle; and (ii) Records of the temperature of the carbon bed after each regeneration and within 15 minutes of completing any cooling cycle. (3) Each owner or operator subject to the provisions of this subpart shall keep up-to-date, readily accessible records of periods of operation during which the parameter boundaries are exceeded and report these exceedances as specified in § 65.166(f)(1). The parameter boundaries are established pursuant to § 65.150(c)(2) (absorber monitoring), § 65.151(c)(2) (condenser monitoring), § 65.152(c)(2) (carbon adsorber monitoring), or § 65.155(c)(2) (other control device monitoring), as applicable. (d) Alternatives to the continuous operating parameter monitoring and recordkeeping provisions. (1) Requests shall be included in the operating permit application or as otherwise specified by the permitting authority and shall contain the information specified in paragraphs (d)(3) through (5) of this section, as applicable. (2) The provisions in § 65.7(c) shall govern the review and approval of requests. (3) An owner or operator of a source that does not have an automated monitoring and recording system capable of measuring parameter values at least once every 15 minutes and generating continuous records may request approval to use a nonautomated system with less frequent monitoring. (i) The requested system shall include manual reading and recording of the value of the relevant operating parameter no less frequently than once per hour. Daily average values shall be calculated from these hourly values and recorded. (ii) The request shall contain the following information: (A) A description of the planned monitoring and recordkeeping system; (B) Documentation that the source does not have an automated monitoring and recording system capable of meeting the specified requirements; (C) Justification for requesting an alternative monitoring and recordkeeping system; and (D) Demonstration to the Administrator's satisfaction that the proposed monitoring frequency is sufficient to represent control device operating conditions considering typical variability of the specific process and control device operating parameter being monitored. (4) An owner or operator may request approval to use an automated data compression recording system that does not record monitored operating parameter values at a set frequency (for example, once every 15 minutes) but records all values that meet set criteria for variation from previously recorded values. (i) The requested system shall be designed to perform the following functions: (A) Measure the operating parameter value at least once every 15 minutes; (B) Record at least four values each hour during periods of operation; (C) Record the date and time when monitors are turned off or on; (D) Recognize unchanging data that may indicate the monitor is not functioning properly, alert the operator, and record the incident; and (E) Compute daily average values of the monitored operating parameter based on recorded data. If the daily average is not an excursion as defined in § 65.161(e)(2)(iv), the data for that operating day may be converted to hourly average values, and the four or more individual records for each hour in the operating day may be discarded. (ii) The request shall contain a description of the monitoring system and data compression recording system, including the criteria used to determine which monitored values are recorded and retained, the method for calculating averages, and a demonstration that the system meets all criteria in paragraph (d)(4)(i) of this section. (5) An owner or operator may request approval to use other alternative monitoring and recordkeeping systems as specified in § 65.7(b). The application shall contain a description of the proposed alternative system. In addition, the application shall include information justifying the owner or operator's request for an alternative monitoring method, such as the technical or economic infeasibility, or the impracticality, of the regulated source using the required method. (e) Monitoring a different parameter than those listed. (1) A description of the parameter(s) to be monitored to ensure the process, control technology, or pollution prevention measure is operated in conformance with its design and achieves the specified emission limit, percent reduction, or nominal efficiency, and an explanation of the criteria used to select the parameter(s). (2) A description of the methods and procedures that will be used to demonstrate that the parameter indicates proper operation of the control device, the schedule for this demonstration, and a statement that the owner or operator will establish a range for the monitored parameter as part of the Initial Compliance Status Report required in § 65.5(d) unless this information has already been included in the operating permit application or previously established under a referencing subpart. (3) The frequency and content of monitoring, recording, and reporting if monitoring and recording is not continuous, or if reports of daily average values when the monitored parameter value is outside the range established in the operating permit or Initial Compliance Status Report will not be included in Periodic Reports as specified in § 65.166(e). The rationale for the proposed monitoring, recording, and reporting system shall be included. § 65.163 Other records. (a) Closed vent system records. (1) For each closed vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall keep a record of the information specified in either paragraph (a)(1)(i) or (ii) of this section, as applicable. The information shall be reported as specified in § 65.166(b). (i) Hourly records of whether the flow indicator specified under § 65.143(a)(3)(i) was operating and whether a diversion was detected at any time during the hour, as well as records of the times of all periods when the vent stream is diverted from the control device or the flow indicator is not operating. (ii) Where a seal mechanism is used to comply with § 65.143(a)(3)(ii), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanisms has been done and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has been broken. (2) For closed vent systems collecting regulated material from a storage vessel, transfer rack, or equipment leak, the owner or operator shall record the identification of all parts of the closed vent system that are designated as unsafe or difficult-to-inspect pursuant to § 65.143(b)(2) or (3), an explanation of why the equipment is unsafe or difficult-to-inspect, and the plan for inspecting the equipment as required by § 65.143(b)(2)(ii) or (b)(3)(ii). (3) For a closed vent system collecting regulated material from a storage vessel, transfer rack, or equipment leaks, when a leak is detected as specified in § 65.143(d)(1), the information specified in paragraphs (a)(3)(i) through (vi) of this section shall be recorded. The data shall be reported as specified in § 65.166(b)(1). (i) The instrument and the equipment identification number and the operator name, initials, or identification number. (ii) The date the leak was detected and the date of the first attempt to repair the leak. (iii) The date of successful repair of the leak. (iv) The maximum instrument reading measured by the procedures in § 65.143(c) after the leak is successfully repaired or determined to be nonrepairable. (v) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak. The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure. (vi) Copies of the periodic reports if records are not maintained on a computerized database capable of generating summary reports from the records. (4) For each instrumental or visual inspection conducted in accordance with § 65.143(b)(1) for closed vent systems collecting regulated material from a storage vessel, transfer rack, or equipment leaks during which no leaks are detected, the owner or operator shall record that the inspection was performed, the date of the inspection, and a statement that no leaks were detected. (5) For instrument response factor criteria determinations performed pursuant to § 65.143(c)(1)(ii), the owner or operator shall maintain a record of an engineering assessment that identifies the representative composition of the process fluid. This assessment shall be based on knowledge of the compounds present in the process, similarity of response factors for the materials present, the range of compositions encountered during monitoring, or other information available to the owner or operator. (b) Storage vessel and transfer rack records. (1) A record of the measured values of the parameters monitored in accordance with § 65.145(c)(2) and report in the periodic report as specified in § 65.166(e), if applicable. (2) A record of the planned routine maintenance performed on the control system during which the control system does not meet the applicable specifications of § 65.143(a), § 65.145(a), or § 65.147(a), as applicable, due to the planned routine maintenance. Such a record shall include the information specified in paragraphs (b)(2)(i) through (iii) of this section. This information shall be submitted in the periodic reports as specified in § 65.166(d)(1). (i) The first time of day and date the requirements of § 65.143(a), § 65.145(a), or § 65.147(a), as applicable, were not met at the beginning of the planned routine maintenance. (ii) The first time of day and date the requirements of § 65.143(a), § 65.145(a), or § 65.147(a), as applicable, were met at the conclusion of the planned routine maintenance. (iii) A description of the type of maintenance performed. (3) Bypass records for storage vessel emissions routed to a process or fuel gas system. (i) The reason it was necessary to bypass the process equipment or fuel gas system; (ii) The duration of the period when the process equipment or fuel gas system was bypassed; (iii) Documentation or certification of compliance with the applicable provisions of § 65.42(b)(6). (c) Regulated source and control equipment startup, shutdown and malfunction records. (2) For each startup, shutdown, and malfunction during which excess emissions occur, records whether the procedures specified in the source's startup, shutdown, and malfunction plan were followed, and a description of actions taken to minimize emissions. For example, if a startup, shutdown, and malfunction plan includes procedures for routing control device emissions to a backup control device (for example, the incinerator for a halogenated stream could be routed to a flare during periods when the primary control device is out of service), records must be kept of whether the plan was followed. These records may take the form of a checklist or other form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan for the event. (3) Records of startup, shutdown, and malfunction and continuous monitoring system calibration and maintenance are not required if they pertain solely to Group 2A process vents. (d) Equipment leak records. (1) The following design specifications and performance demonstrations: (i) Detailed schematics, design specifications of the control device, and piping and instrumentation diagrams. (ii) The dates and descriptions of any changes in the design specifications. (iii) A description of the parameter or parameters monitored as required in § 65.146(c) to ensure that control devices are operated and maintained in conformance with their design, and an explanation of why that parameter (or parameters) was selected for the monitoring. (2) The following records of operation of closed vent systems and control devices: (i) Dates and durations when the closed vent systems and control devices required in § 65.115(b) are not operated as designed as indicated by the monitored parameters, including periods when a flare flame or at least one pilot flame is not present. (ii) Dates and durations during which the monitoring system or monitoring device is inoperative. (iii) Dates and durations of startups and shutdowns of control devices required in § 65.115(b). (e) Records of monitored parameters outside of range. [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006] § 65.164 Performance test and flare compliance determination notifications and reports. (a) Performance test and flare compliance determination reports. (1) For performance tests or flare compliance determinations, the Initial Compliance Status Report or report required by paragraph (b)(2) of this section shall include one complete test report as specified in paragraph (a)(2) of this section for each test method used for a particular kind of emission point, and other applicable information specified in paragraph (a)(3) of this section. For additional tests performed for the same kind of emission point using the same method, the results and any other information required in applicable sections of this subpart or in other subparts of this part shall be submitted, but a complete test report is not required. (2) A complete test report shall include a brief process description, sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (3) The performance test or flare compliance determination report shall also include the following information, as applicable: (i) For flare compliance determinations, the owner or operator shall submit the records specified in § 65.159(b). (ii) For nonflare combustion device and halogen reduction device performance tests as required under § 65.148(b), § 65.149(b), § 65.150(b), § 65.151(b), § 65.152(b), § 65.154(b), or § 65.155(b), the owner or operator shall submit the applicable records specified in § 65.160(b). (iii) For Group 2A process vents, the owner or operator shall submit the records specified in § 65.160(c), as applicable. (b) Other notifications and reports. (2) Unless specified differently in this subpart or another subpart of this part, performance test and flare compliance determination reports not submitted as part of an Initial Compliance Status Report shall be submitted to the Administrator within 60 days of completing the test or determination. (3) Any application for a waiver of an initial performance test or flare compliance determination as allowed by § 65.157(b)(2), shall be submitted no later than 90 calendar days before the performance test or flare compliance determination is required. The application for a waiver shall include information justifying the owner or operator's request for a waiver, such as the technical or economic infeasibility, or the impracticality, of the source performing the test. § 65.165 Initial Compliance Status Reports. (a) An owner or operator who elects to comply with § 65.144 by routing emissions from a storage vessel or transfer rack to a process or to a fuel gas system shall submit as part of the Initial Compliance Status Report the following information, as applicable: (1) If storage vessel emissions are routed to a process, the owner or operator shall submit the information specified in § 65.144(b)(3). (2) As specified in § 65.144(c), if storage vessel emissions are routed to a fuel gas system, the owner or operator shall submit a statement that the emission stream is connected to a fuel gas system. (3) As specified in § 65.144(c), report that the transfer rack emission stream is being routed to a fuel gas system or process when complying with the requirements of § 65.83(a)(4). (b) An owner or operator who elects to comply with § 65.145 by routing emissions from a storage vessel or low-throughput transfer rack to a nonflare control device or halogen reduction device shall submit with the Initial Compliance Status Report required by § 65.5(d) the applicable information specified in paragraphs (b)(1) through (6) of this section. Owners and operators who elect to comply with § 65.145(b)(1)(i) or (b)(3)(i) by submitting a design evaluation shall submit the information specified in paragraphs (b)(1) through (4) of this section. Owners and operators who elect to comply with § 65.145(b)(1)(ii) or (b)(3)(ii) by submitting performance test results shall submit the information specified in paragraphs (b)(1), (2), (4), and (5) of this section. Owners and operators who elect to comply with § 65.145(b)(1)(iii) or (b)(3)(iii) by submitting performance test results for a shared control device or halogen reduction device shall submit the information specified in paragraph (b)(6) of this section. (1) A description of the parameter or parameters to be monitored to ensure that the control device or halogen reduction device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter (or parameters), and the frequency with which monitoring will be performed (for example, when the liquid level in the storage vessel is being raised). If continuous records are specified, indicate whether the provisions of § 65.166(f) apply. (2) The operating range for each monitoring parameter identified in the monitoring plan required by § 65.145(c)(1). The specified operating range shall represent the conditions for which the control device or halogen reduction device is being properly operated and maintained. (3) The documentation specified in § 65.145(b)(1)(i), if the owner or operator elects to prepare a design evaluation; and the documentation specified in § 65.145(b)(3)(i), if the owner or operator elects to prepare a design evaluation for a halogen reduction device. (4) The provisions of § 65.166(f) do not apply to any low-throughput transfer rack for which the owner or operator has elected to comply with § 65.145 or to any storage vessel for which the owner or operator is not required to keep continuous records, as specified by the applicable monitoring plan established under § 65.145(c)(1) and (2). If continuous records are required, the owner or operator shall specify in the monitoring plan whether the provisions of § 65.166(f) apply. (5) A summary of the results of the performance test described in § 65.145(b)(1)(ii), (1)(iii), (3)(ii), and/or (3)(iii), as applicable. If a performance test is conducted as provided in § 65.145(b)(1)(ii) and/or (b)(3)(ii), submit the results of the performance test, including the information specified in § 65.164(a)(1) and (2). (6) Identification of the storage vessel or low-throughput transfer rack and control device and/or halogen reduction device for which the performance test will be submitted, and identification of the emission point(s), if any, that share the control device and/or halogen reduction device with the storage vessel or low-throughput transfer rack and for which the performance test will be conducted. (c) The owner or operator shall submit as part of the Initial Compliance Status Report the operating range for each monitoring parameter identified for each control, recovery, or halogen reduction device as determined in §§ 65.148(c)(2), 65.149(c)(2), 65.150(c)(2), 65.151(c)(2), 65.152(c)(2), 65.153(c)(5), 65.154(c)(3), and 65.155(c)(2). The specified operating range shall represent the conditions for which the control, recovery, or halogen reduction device is being properly operated and maintained. This report shall include the information in paragraphs (c)(1) through (3) of this section, as applicable, unless the range and the operating day definition have been established in the operating permit: (1) The specific range of the monitored parameter(s) for each emission point. (2) The rationale for the specific range for each parameter for each emission point, including any data and calculations used to develop the range and a description of why the range indicates proper operation of the control, recovery, or halogen reduction device, as specified in the following, as applicable: (i) If a performance test or TRE index value determination is required by this subpart or another subpart of this part for a control, recovery or halogen removal device, the range shall be based on the parameter values measured during the TRE index value determination or performance test and may be supplemented by engineering assessments and/or manufacturer's recommendations. The TRE index value determinations and performance testing is not required to be conducted over the entire range of permitted parameter values. (ii) If a performance test or TRE index value determination is not required by this subpart or other subparts of this part for a control, recovery, or halogen reduction device, the range may be based solely on engineering assessments and/or manufacturer's recommendations. (iii) The range may be based on ranges or limits previously established under a referencing subpart. (3) A definition of the source's operating day for purposes of determining daily average values of monitored parameters. The definition shall specify the times at which an operating day begins and ends. (d) Halogen reduction device. (e) Alternative recordkeeping. (f) Exemptions from performance tests and design evaluation. § 65.166 Periodic reports. (a) Periodic reports shall include the reporting period dates, the total source operating time for the reporting period, and, as applicable, all information specified in this section and in other subparts of this part, including reports of periods when monitored parameters are outside their established ranges. (b) For closed vent systems subject to the requirements of § 65.143, the owner or operator shall submit as part of the periodic report the following information, as applicable: (1) The information recorded in § 65.163(a)(3)(ii) through (v); (2) Reports of the times of all periods recorded under § 65.163(a)(1)(i) when the vent stream is diverted from the control device through a bypass line; and (3) Reports of all times recorded under § 65.163(a)(1)(ii) when maintenance is performed on car-sealed valves, when the seal is broken, when the bypass line valve position is changed, or the key for a lock-and-key type configuration has been checked out. (c) For flares subject to this subpart, report all periods when all pilot flames were absent or the flare flame was absent as recorded in § 65.159(d)(1). (d) For storage vessels, the owner or operator shall include in each periodic report required the following information: (1) For the 6-month period covered by the periodic report, the information recorded in § 65.163(b)(2)(i) through (iii). (2) For the time period covered by the periodic report and the previous periodic report, the total number of hours that the control system did not meet the requirements of § 65.143(a), § 65.145(a), or § 65.147(a) due to planned routine maintenance. (3) A description of the planned routine maintenance that is anticipated to be performed for the control system during the next 6-month periodic reporting period when the control system is not expected to meet the required control efficiency. This description shall include the type of maintenance necessary, planned frequency of maintenance, and expected lengths of maintenance periods. (e) If a nonflare control device, including a halogen reduction device for a low-throughput transfer rack, is used to control emissions from storage vessels or low-throughput transfer racks, the periodic report shall identify and state the cause for each occurrence when the monitored parameters were outside of the parameter ranges documented in the Initial Compliance Status Report in accordance with § 65.165(b). (f) For process vents and high-throughput transfer racks, periodic reports shall include the following information: (1) Periodic reports shall include the daily average values of monitored parameters, calculated as specified in § 65.161(c)(1) for any days when the daily average value is outside the bounds as specified in § 65.162(b)(3) or (c)(3), or the data availability requirements defined in § 65.156(d)(1) are not met, whether these excursions are excused or unexcused excursions. For excursions caused by lack of monitoring data, the duration of periods when monitoring data were not collected shall be specified. (2) Report all carbon-bed regeneration cycles during which the parameters recorded under § 65.162(c)(2) were outside the ranges established in the Initial Compliance Status Report or in the operating permit. (3) The provisions of paragraphs (f)(1) and (2) of this section do not apply to any low-throughput transfer rack for which the owner or operator has elected to comply with § 65.145, or to any storage vessel for which the owner or operator is not required by the applicable monitoring plan established under § 65.165(c)(1) and (2) to keep continuous records. If continuous records are required, the owner or operator shall specify in the monitoring plan whether the provisions of paragraphs (f)(1) and (2) of this section apply. (4) If the owner or operator has chosen to use the alternative recordkeeping provisions of § 65.161(e)(1) and has not notified the Administrator in the Initial Compliance Status Report that the alternative recordkeeping provisions are being implemented as provided in § 65.165(e), the owner or operator shall notify the Administrator in the periodic report submitted immediately before implementation of the alternative. § 65.167 Other reports. (a) Replacing an existing control or recovery device. (b) Startup, shutdown, and malfunction periodic reports. §§ 65.168-65.169 [Reserved]

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