[Federal Register Volume 67, Number 63 (Tuesday, April 2, 2002)]
[Proposed Rules]
[Pages 15674-15706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-7095]
[[Page 15673]]
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Part II
Environmental Protection Agency
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40 CFR Part 63
National Emission Standards for Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline); Proposed Rule
Federal Register / Vol. 67 , No. 63 / Tuesday, April 2, 2002 /
Proposed Rules
[[Page 15674]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 63
[FRL-7163-4]
RIN 2060-AH41
National Emission Standards for Hazardous Air Pollutants: Organic
Liquids Distribution (Non-Gasoline)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: This action proposes national emission standards for hazardous
air pollutants (NESHAP) for organic liquids distribution (OLD) (non-
gasoline) operations, which are carried out at storage terminals,
refineries, crude oil pipeline stations, and various manufacturing
facilities. These proposed standards would implement section 112(d) of
the Clean Air Act (CAA) by requiring all OLD operations at plant sites
that are major sources to meet hazardous air pollutant (HAP) emission
standards reflecting the application of the maximum achievable control
technology (MACT).
The EPA estimates that approximately 70,200 megagrams per year (Mg/
yr) (77,300 tons per year (tpy)) of HAP are emitted from facilities in
this source category. Although a large number of organic HAP are
emitted nationwide from these operations, benzene, ethylbenzene,
toluene, vinyl chloride, and xylenes are among the most prevalent.
These HAP have been shown to have a variety of carcinogenic and
noncancer adverse health effects.
The EPA estimates that these proposed standards would result in the
reduction of HAP emissions from major sources in the OLD source
category by 28 percent. The emissions reductions achieved by these
proposed standards, when combined with the emissions reductions
achieved by other similar standards, would provide protection to the
public and achieve a primary goal of the CAA.
DATES: Comments. Submit comments on or before June 3, 2002.
Public Hearing. If anyone contacts the EPA requesting to speak at a
public hearing by April 22, 2002, a public hearing will be held on May
2, 2002.
ADDRESSES: Comments. By U.S. Postal Service, send comments (in
duplicate if possible) to: Air and Radiation Docket and Information
Center (6102), Attention Docket Number A-98-13, U.S. EPA, 1200
Pennsylvania Avenue, NW, Washington, DC 20460. In person or by courier,
deliver comments (in duplicate if possible) to: Air and Radiation
Docket and Information Center (6102), Attention Docket Number A-98-13,
U.S. EPA, 401 M Street, SW, Washington DC 20460. The EPA requests that
a separate copy also be sent to the contact person listed below (see
FOR FURTHER INFORMATION CONTACT).
Public Hearing. If a public hearing is held, it will be held at 10
a.m. in the EPA's Office of Administration Auditorium, Research
Triangle Park, North Carolina, or at an alternate site nearby.
Docket. Docket No. A-98-13 contains supporting information used in
developing the standards. The docket is located at the U.S. EPA, 401 M
Street, SW, Washington, DC 20460, in Room M-1500, Waterside Mall
(ground floor), and may be inspected from 8:30 a.m. to 5:30 p.m.,
Monday through Friday, except for legal holidays.
FOR FURTHER INFORMATION CONTACT: Ms. Martha Smith, Waste and Chemical
Processes Group, Emission Standards Division (MD-13), U.S. EPA,
Research Triangle Park, NC 27711; phone (919) 541-2421, e-mail
``[email protected].''
SUPPLEMENTARY INFORMATION:
Comments. Comments and data may be submitted by electronic mail (e-
mail) to: [email protected]. Electronic comments must be submitted
as an ASCII file to avoid the use of special characters and encryption
problems. Comments will also be accepted on disks in
WordPerfect Corel 8 file format. All comments and data
submitted in electronic form must note the docket number: A-98-13. No
confidential business information (CBI) should be submitted by e-mail.
Electronic comments may be filed online at many Federal Depository
libraries.
Commenters wishing to submit proprietary information for
consideration must clearly distinguish such information from other
comments and clearly label it as CBI. Send submissions containing such
proprietary information directly to the following address, and not to
the public docket, to ensure that proprietary information is not
inadvertently placed in the docket: Attention: OAQPS Document Control
Officer, Attn: Ms. Martha Smith, U.S. EPA, 411 W. Chapel Hill Street,
Room 740B, Durham, NC 27701. The EPA will disclose information
identified as CBI only to the extent allowed by the procedures set
forth in 40 CFR part 2. If no claim of confidentiality accompanies a
submission when it is received by the EPA, the information may be made
available to the public without further notice to the commenter.
Public Hearing. Persons interested in presenting oral testimony or
inquiring as to whether a hearing is to be held should contact Ms.
JoLynn Collins of the EPA at (919) 541-5671 at least 2 days in advance
of the public hearing. Persons interested in attending the public
hearing must also call Ms. Collins to verify the time, date, and
location of the hearing. The public hearing will provide interested
parties the opportunity to present data, views, or arguments concerning
these proposed emission standards.
Docket. The docket is an organized and complete file of all the
information considered by the EPA in the development of this
rulemaking. The docket is a dynamic file because material is added
throughout the rulemaking process. The docketing system is intended to
allow members of the public and industries involved to readily identify
and locate documents so that they can effectively participate in the
rulemaking process. Along with the proposed and promulgated standards
and their preambles, the contents of the docket will serve as the
record in the case of judicial review. (See section 307(d)(7)(A) of the
CAA.) The regulatory text and other materials related to this
rulemaking are available for review in the docket, or copies may be
mailed on request from the Air Docket by calling (202) 260-7548. A
reasonable fee may be charged for copying docket materials.
World Wide Web (WWW). In addition to being available in the docket,
an electronic copy of this proposed rule is also available on the WWW
through the Technology Transfer Network (TTN). The TTN provides
information and technology exchange in various areas of air pollution
control. Following signature, a copy of the rule will be posted on the
TTN's policy and guidance page for newly proposed or promulgated rules:
http://www.epa.gov/ttn/oarpg. If more information regarding the TTN is
needed, call the TTN HELP line at (919) 541-5384.
Title Change. For purposes of this proposed rule, the title has
been changed to ``National Emission Standards for Hazardous Air
Pollutants: Organic Liquids Distribution (non-Gasoline)'' to better
describe the affected population. The source category list and
regulatory agenda will be amended to reflect this name change in a
separate action.
Background Information. The background information for the proposed
standards is not contained in a formal background information
[[Page 15675]]
document (BID). Instead, we have prepared technical memoranda covering
the following topic areas:
Industry description.
Model OLD plants.
Industry baseline emissions.
Emission control options.
MACT floor determination.
Environmental, energy, and cost impacts.
Economic impacts.
These memos have been combined into a technical support document (TSD),
which is included in Docket No. A-98-13.
In addition, there are several other memos that discuss individual
issues, such as selection of the affected organic HAP and the minimum
HAP cutoff defining the affected organic liquids. Each of these
technical memos has also been placed in Docket No. A-98-13.
Regulated Entities. Categories and entities potentially regulated
by this action include:
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Category SIC * NAICS * Examples of regulated entities
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Industry............................... 2821 325211 Operations at major sources that
2865 325192 transfer organic liquids into or
2869 325188 out of the plant site, including:
2911 32411 liquid storage terminals, crude oil
4226 49311 pipeline stations, petroleum
4612 49319 refineries, chemical manufacturing
5169 48611 facilities, and other manufacturing
5171 42269 facilities with collocated OLD
42271 operations.
Federal Government..................... .............. ................. Federal agency facilities that
operate any of the types of
entities listed under the
``industry'' category in this
table.
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*Considered to be the primary industrial codes for the plant sites with OLD operations, but the list is not
necessarily exhaustive.
This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
action. To determine whether your facility would be regulated by this
action, you should examine the applicability criteria in Sec. 63.2334
of the proposed rule. If you have any questions regarding the
applicability of this proposed action to a particular entity, consult
the person listed in the preceding FOR FURTHER INFORMATION CONTACT
section or your EPA regional representative as listed in Sec. 63.13 of
40 CFR part 63, subpart A (General Provisions).
Outline. The following outline is provided to assist you in reading
this preamble.
I. Background
A. How would this rule relate to other EPA regulatory actions?
B. What is the source of authority for development of NESHAP?
C. What criteria are used in the development of NESHAP?
D. What are the potential health effects associated with HAP
emitted from OLD operations?
II. Summary of the Proposed Rule
A. What source category would be affected by the proposed
NESHAP?
B. What are the primary sources of emissions and what are the
emissions?
C. What would be the affected source?
D. What would be the emission limits, operating limits, and
other standards?
E. What would be the testing and initial compliance
requirements?
F. What would be the continuous compliance provisions?
G. What would be the notification, recordkeeping, and reporting
requirements?
III. Rationale for Selecting the Proposed Standards
A. How did we select the source category?
B. How did we select the proposed pollutants to be regulated?
C. How did we select the proposed affected source?
D. How did we determine the basis and level of the proposed
standards for existing and new sources?
E. How did we select the format of the proposed standards?
F. How did we select the proposed testing and initial compliance
requirements?
G. How did we select the proposed continuous compliance
requirements?
H. How did we select the proposed notification, recordkeeping,
and reporting requirements?
IV. Summary of Environmental, Energy, and Economic Impacts
A. What are the air quality impacts?
B. What are the cost impacts?
C. What are the economic impacts?
D. What are the nonair quality health, environmental, and energy
impacts?
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
B. Executive Order 13132, Federalism
C. Executive Order 13084, Consultation and Coordination with
Indian Tribal Governments
D. Executive Order 13045, Protection of Children from
Environmental Health Risks and Safety Risks
E. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
F. Unfunded Mandates Reform Act of 1995
G. Regulatory Flexibility Act (RFA) as amended by the Small
Business Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5
U.S.C. 601 et seq.
H. Paperwork Reduction Act
I. National Technology Transfer and Advancement Act
I. Background
A. How Would This Rule Relate to Other EPA Regulatory Actions?
Owners and operators of plant sites which contain organic liquids
distribution activities that are potentially subject to these proposed
standards for OLD operations may also be subject to other NESHAP
because of other activities that take place on the same plant site.
Some tank farms are used to store and transfer organic liquids onto or
off a synthetic organic chemical manufacturing industry (SOCMI) plant
site that is subject to 40 CFR part 63, subparts F, G, and H--National
Emission Standards for Organic Hazardous Air Pollutants from the
Synthetic Organic Chemical Manufacturing Industry (commonly referred to
as the hazardous organic NESHAP, or ``HON''). Distribution of crude oil
or other organic liquids at a petroleum refinery subject to 40 CFR part
63, subpart CC--National Emission Standards for Hazardous Air
Pollutants from Petroleum Refineries (the Refinery NESHAP), may also
come under OLD NESHAP coverage. Finally, bulk gasoline terminals
subject to 40 CFR part 63, subpart R--National Emission Standards for
Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline
Breakout Stations) may distribute non-gasoline organic liquids through
dedicated equipment which would fall under these proposed OLD
standards. At plant sites subject to both the proposed OLD standards
and another NESHAP, the OLD NESHAP, when finalized, would apply only to
the specific equipment and activities that are related directly to the
distribution of
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affected non-gasoline organic liquids (which includes liquids moved
either onto or off the site).
Some existing NESHAP may already regulate, and some NESHAP under
development may intend to regulate, equipment used to distribute
organic liquids (e.g., certain storage tanks or transfer racks at
chemical production facilities subject to the HON). To avoid overlap of
requirements in these cases, the OLD NESHAP would not apply to any OLD
emission source already complying with control provisions under another
part 63 NESHAP. For other applicable NESHAP that are not yet final and
which potentially would apply to OLD equipment, the NESHAP that have
the earliest compliance date would apply. One NESHAP, 40 CFR part 63,
subpart FFFF, the Miscellaneous Organic Chemical Production and
Processes NESHAP (MON), is being developed concurrently with the OLD
NESHAP, and potentially will regulate certain organic liquid
distribution sources (i.e., storage tanks, transfer racks, and
equipment leaks) located at MON facility plant sites. For all such
distribution sources at MON facilities, the OLD NESHAP would defer to
the MON and would not apply to any of those sources.
The Pollution Prevention Act of 1990 (42 U.S.C. 13101 et seq.,
Public Law 101-508, November 5, 1990) establishes the national policy
of the United States for pollution prevention. This Act declares that:
(1) Pollution should be prevented or reduced whenever feasible; (2)
pollution that cannot be prevented or reduced should be recycled or
reused in an environmentally-safe manner wherever feasible; (3)
pollution that cannot be recycled or reused should be treated; and (4)
disposal or release into the atmosphere should be chosen only as a last
resort.
The OLD operations covered by these proposed standards distribute
organic liquids that are often manufactured and consumed by other
parties. Thus, two of the most common approaches for preventing
pollution (product reformulation or substituting less polluting
products) are not available to these facilities. Similarly, these
facilities cannot use recycling or reuse as a way of limiting the
amount of these liquids that they handle. However, the proposed
equipment and work practice standards would prevent pollution from two
of the principal emission sources in OLD operations. For storage tanks,
we expect floating roofs to be used as a common alternative to add-on
control technologies. For leaks from equipment such as pumps or valves,
the required leak detection and repair program also would prevent
pollution at the source without the need for add-on control equipment.
The EPA is considering whether there are any pollution prevention
measures that could be specified as alternatives to the control
approaches in the proposed standards. We are specifically requesting
comments from the public on ways that additional pollution prevention
measures could be applied at OLD operations facilities.
B. What Is the Source of Authority for Development of NESHAP?
Section 112 of the CAA requires us to list categories and
subcategories of major sources and area sources of HAP, and to
establish NESHAP for the listed source categories and subcategories.
The category of major sources covered by today's proposed NESHAP was on
our initial list of HAP emission source categories as published in the
Federal Register on July 16, 1992 (57 FR 31576). Major sources of HAP
are those that have the potential to emit 10 tons/yr or more of any one
HAP or 25 tons/yr or more of any combination of HAP.
C. What Criteria Are Used in the Development of NESHAP?
Section 112 of the CAA requires that we establish NESHAP for the
control of HAP from both new and existing major sources. The CAA
requires the NESHAP to reflect the maximum degree of reduction in
emissions of HAP that is achievable. This level of control is commonly
referred to as the maximum achievable control technology (MACT).
The MACT floor is the minimum control level allowed for NESHAP and
is defined under section 112(d)(3) of the CAA. In essence, the MACT
floor ensures that the standard is set at a level that assures that all
major sources achieve the level of control at least as stringent as
that already achieved by the better-controlled and lower-emitting
sources in each source category or subcategory. For new sources, the
MACT floor cannot be less stringent than the emission control that is
achieved in practice by the best-controlled similar source. The MACT
standards for existing sources can be less stringent than standards for
new sources, but they cannot be less stringent than the average
emission limitation achieved by the best-performing 12 percent of
existing sources in the category or subcategory (or the best-performing
5 sources for categories or subcategories with fewer than 30 sources).
In developing MACT, we also consider control options that are more
stringent than the floor. We may establish standards more stringent
than the floor based on consideration of the cost of achieving the
emissions reductions, any health and environmental impacts, and energy
requirements.
D. What Are the Potential Health Effects Associated With HAP Emitted
From OLD Operations?
The type of adverse health effects associated with HAP emitted by
this source category can range from mild to severe. The extent and
degree to which health effects may be experienced is dependent upon:
(1) The ambient concentrations observed in the area; (2) duration and
frequency of exposures; and (3) characteristics of exposed individuals
(e.g., genetics, age, preexisting health conditions, and lifestyle)
which vary greatly within the population. Some of these factors are
also influenced by source-specific characteristics (e.g., emission
rates, release heights, and local weather conditions) as well as
pollutant-specific characteristics such as toxicity. The following is a
summary of the potential health effects associated with exposure to
some of the primary HAP emitted from OLD operations.
Benzene. Acute (short-term) inhalation exposure of humans to
benzene may cause drowsiness, dizziness, and headaches, as well as eye,
skin, and respiratory tract irritation, and, at high levels,
unconsciousness. Chronic (long-term) inhalation exposure has caused
various disorders in the blood, including reduced numbers of red blood
cells and aplastic anemia, in occupational settings. Reproductive
effects have been reported for women exposed by inhalation to high
levels, and adverse effects on the developing fetus have been observed
in animal tests. Increased incidence of leukemia (cancer of the tissues
that form white blood cells) has been observed in humans occupationally
exposed to benzene. The EPA has classified benzene as a Group A, known
human carcinogen.
Ethylbenzene. Acute exposure to ethylbenzene in humans results in
respiratory effects such as throat irritation and chest constriction,
irritation of the eyes, and neurological effects such as dizziness.
Chronic exposure to ethylbenzene by inhalation in humans has shown
conflicting results regarding its effects on the blood. Animal studies
have reported effects on the blood, liver, and kidneys from chronic
inhalation exposures. No information is available on the developmental
or reproductive effects of ethylbenzene in humans, but animal
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studies have reported developmental effects, including birth defects in
animals exposed via inhalation. The EPA has classified ethylbenzene in
Group D, not classifiable as to human carcinogenicity.
Toluene. Humans exposed to toluene for short periods may experience
irregular heartbeat and effects on the central nervous system (CNS)
such as fatigue, sleepiness, headaches, and nausea. Repeated exposure
to high concentrations may induce loss of coordination, tremors,
decreased brain size, and involuntary eye movements, and may impair
speech, hearing, and vision. Chronic exposure to toluene in humans has
also been indicated to irritate the skin, eyes, and respiratory tract,
and to cause dizziness, headaches, and difficulty with sleep. Children
exposed to toluene before birth may suffer CNS dysfunction, attention
deficits, and minor face and limb defects. Inhalation of toluene by
pregnant women may increase the risk of spontaneous abortion. The EPA
has developed a reference concentration of 0.4 milligrams per cubic
meters (mg/m3) for toluene. Inhalation of this concentration
or less over a lifetime would be unlikely to result in adverse
noncancer effects. No data exist that suggest toluene is carcinogenic.
The EPA has classified toluene in Group D, not classifiable as to human
carcinogenicity.
Vinyl chloride. Acute exposure to high levels of vinyl chloride in
air has resulted in CNS effects such as dizziness, drowsiness, and
headaches in humans. Chronic exposure to vinyl chloride through
inhalation and oral exposure in humans has resulted in liver damage.
Human and animal studies show adverse effects which raise a concern
about potential reproductive and developmental hazards to humans from
exposure to vinyl chloride. Cancer is a major concern from exposure to
vinyl chloride via inhalation, as vinyl chloride exposure has been
shown to increase the risk of a rare form of liver cancer in humans.
The EPA has classified vinyl chloride as a Group A, known human
carcinogen.
Xylenes. Short-term inhalation of mixed xylenes (a mixture of three
closely related compounds) in humans may cause irritation of the nose
and throat, nausea, vomiting, gastric irritation, mild transient eye
irritation, and neurological effects. Long-term inhalation of xylenes
in humans may result in CNS effects such as headaches, dizziness,
fatigue, tremors, and incoordination. Other reported effects include
labored breathing, heart palpitation, severe chest pain, abnormal
electrocardiograms, and possible effects on the blood and kidneys.
Developmental effects have been indicated from xylene exposure via
inhalation in animals. Not enough information exists to determine the
carcinogenic potential of mixed xylenes. The EPA has classified xylenes
in Group D, not classifiable as to human carcinogenicity.
Implementation of the OLD NESHAP would reduce nationwide organic
HAP emissions significantly from current levels. Thus, the proposed
standards have the potential for providing both cancer and noncancer
related health benefits.
By requiring facilities to reduce organic HAP emitted from OLD
operations, the proposed standards would also reduce emissions of
volatile organic compounds (VOC). Many VOC react photochemically with
nitrogen oxides in the atmosphere to form tropospheric (low-level)
ozone. A number of factors affect the degree to which VOC emission
reductions will reduce ambient ozone concentrations.
Human laboratory and community studies have shown that exposure to
ozone levels that exceed the national ambient air quality standards
(NAAQS) can result in various adverse health impacts such as
alterations in lung capacity and aggravation of existing respiratory
disease. Animal studies have shown increased susceptibility to
respiratory infection and lung structure changes. The VOC emissions
reductions resulting from these proposed NESHAP will reduce low-level
ozone and have a positive impact toward minimizing these health
effects.
Among the welfare impacts from exposure to air that exceeds the
ozone NAAQS are damage to some types of commercial timber and economic
losses for commercially valuable crops such as soybeans and cotton.
Studies have shown that exposure to excessive ozone can disrupt
carbohydrate production and distribution in plants. This can lead in
turn to reduced root growth, reduced biomass or yield, reduced plant
vigor (which can cause increased susceptibility to attack from insects
and disease and damage from cold), and diminished ability to
successfully compete with more tolerant species. In addition, excessive
ozone levels may disrupt the structure and function of forested
ecosystems.
II. Summary of the Proposed Rule
A. What Source Category Would Be Affected by the Proposed NESHAP?
The proposed NESHAP would affect organic liquids distribution
activities which, taken together, are considered to be a facility, or
OLD operations. The regulated liquids consist of organic liquids that
contain 5 percent by weight or more of the organic HAP compounds in
Table 1 of the proposed subpart EEEE, and all crude oil except black
oil. The activities in this category occur either at individual
distribution facilities or on manufacturing plant sites that consume or
produce the organic liquids regulated by the proposed standards. Only
those OLD operations at major source facilities or plant sites would be
regulated.
B. What Are the Primary Sources of Emissions and What Are the
Emissions?
The emission of organic HAP vapors results from storing and
transferring HAP-containing liquids. Fixed-roof tanks undergo losses
due to atmospheric changes and changes in the liquid level in the tank.
Floating roof tanks experience standing storage and liquid withdrawal
losses and also losses from fittings on the floating deck.
As organic liquids are loaded into cargo tanks (tank trucks and
railcars) at transfer racks, vapors are emitted to the atmosphere as
the rising liquid displaces vapors formed above the liquid. To control
these vapor emissions, the parked cargo tank may be connected to a
closed vent vapor collection system and control device. Even in these
controlled transfer systems, vapors may leak to the atmosphere from
hatch covers, relief valves, or other parts of the system.
The equipment components used to convey organic liquids between
tanks or pipelines can also be a source of vapor leakage. At OLD
operations, the equipment of concern are pumps, valves, and sampling
connection systems.
The volatile constituents of organic liquids, many of which are
HAP, escape in the vapors emitted from these sources. Our 1998 survey
of the OLD industry indicates that essentially all of the organic HAP
listed in the CAA are present in the liquids distributed in these
operations. Based on that survey and other information, we have
estimated the total current HAP emissions from OLD operations to be
70,200 Mg/yr (77,300 tons/yr).
C. What Would Be the Affected Source?
The affected source would be the combination of all regulated OLD
activities and equipment at a single OLD operation. The following
regulated activities are typically performed within OLD operations and
are part of the affected source:
[[Page 15678]]
Transfer of organic liquids into, and storage in, fixed-
roof or floating roof storage tanks;
Transfer of organic liquids into cargo tanks (tank trucks
or railcars) at transfer racks; and
Transfer of organic liquids through pumps, piping, valves,
and other equipment that may potentially leak.
Only those OLD operations facilities with an organic liquids
throughput greater than 27.6 million liters (7.29 million gallons) per
year (either into or out of the facility) would be subject to the
proposed standards. Also, only those transfer rack loading positions
with an organic liquids throughput of 11.8 million liters (3.12 million
gallons) per year or greater would be required to install the specified
emission controls on those activities.
D. What Would Be the Emission Limits, Operating Limits, and Other
Standards?
The proposed NESHAP have various formats for the different
activities and equipment being regulated. For affected storage tanks,
you would have two options for control. First, you could install a
closed vent system and control device with at least a 95 percent
control efficiency for organic HAP or total organic compounds (TOC). As
an option, combustion devices may meet an exhaust concentration limit
of 20 parts per million by volume (ppmv) of organic HAP or TOC. An
operating parameter of the control device would have to be continuously
monitored and maintained within the established operating limits.
Second, you could meet a work practice standard by installing a
properly constructed floating roof in the affected tank. The tank size
and vapor pressure cutoffs defining affected tanks would be different
for existing and new tanks.
For affected organic liquids transfer racks, you would have to
install a vapor collection system and a control device that achieves 95
percent control efficiency or 20 ppmv exhaust concentration for
combustion devices, and you would have to continuously monitor the
device. A work practice standard would apply to cargo tanks loading at
these controlled racks. Each tank equipped with vapor collection
equipment would have to be tested annually for vapor tightness using
EPA Method 27. Cargo tanks not equipped with vapor collection equipment
would have to be tested using the Department of Transportation (DOT)
standard test procedures at DOT's required frequency. For cargo tanks
that you do not own, you would have to ensure that each tank loading at
affected loading positions is certified for vapor tightness. These
proposed standards would be the same for existing or new transfer
racks.
A work practice standard would also apply to equipment (pumps,
valves, and sampling connection systems) that is in organic liquids
service for at least 300 hours per year. This form of control involves
regular instrument monitoring for leaks, and repair of leaking
equipment. Owners and operators would have the option of applying the
provisions of either subpart TT or UU of 40 CFR part 63. This leak
detection and repair (LDAR) standard is being proposed for both
existing and new equipment.
E. What Would Be the Testing and Initial Compliance Requirements?
Affected OLD operations would need to determine which of their
distributed liquids qualify as an organic liquid as defined in the
proposed standards. The specified test method for this is EPA Method 18
in 40 CFR part 60, appendix A, and you would have the option of
suggesting alternative approaches for the Administrator's approval.
Control devices used for storage tanks or transfer racks would be
subject to performance testing using EPA Method 18, 25, or 25A of 40
CFR part 60, appendix A, or Method 316 of 40 CFR part 63, appendix A,
depending on the constituents of the gas stream being controlled and
the format of the standard (organic HAP or TOC) the facility selects
for its compliance demonstration. Floating roof tanks would be subject
to visual and seal gap inspections to determine initial compliance with
the tank work practice standards. The EPA Method 21 of 40 CFR part 60,
appendix A, is specified for the equipment LDAR program. y
All cargo tanks equipped with vapor collection equipment that are
used to distribute organic liquids from affected transfer rack loading
positions would have to be tested annually for vapor tightness using
EPA Method 27 of 40 CFR part 60, appendix A. For cargo tanks that are
not so equipped, the current approved DOT methods would continue to be
used.
Initial compliance with the emission limits for storage tanks and
transfer racks would consist of demonstrating that the control device
achieves 95 percent control efficiency for organic HAP or TOC, or 20
ppmv exhaust concentration for combustion devices. Note that all
organic HAP are considered in this emission limit, not just the HAP
listed in Table 1 of this proposed subpart. During the same initial
performance test (or during a design evaluation of the device), you
would establish the reference value or range for the appropriate
operating parameter of the control device.
Work practice standards are being proposed for storage tanks,
transfer racks, and equipment. For floating roof storage tanks, you
would have to visually inspect each internal floating roof tank before
the initial filling. For external floating roof tanks, you must perform
a seal gap inspection of the primary and secondary deck seals within 90
days after filling.
For affected transfer rack loading positions, you would have to
maintain documentation showing that cargo tanks that will load at those
positions are certified as vapor-tight.
If you implement an LDAR program for your OLD equipment, you would
have to provide us with written specifications of the program as part
of your initial compliance demonstration.
F. What Would Be the Continuous Compliance Provisions?
To demonstrate continuous compliance with the emission limitation
for control devices controlling storage tanks or transfer racks, you
would have to continuously monitor the appropriate operating parameter
and keep a record of the monitoring data. Compliance would be
demonstrated by maintaining the parameter value within the limits
established during the initial compliance demonstration.
There are different proposed means of demonstrating continuous
compliance with the work practice standards, depending on the emission
source. For floating roof storage tanks, you would have to visually
inspect the tanks on a periodic basis and keep records of the
inspections. For external floating roof tanks, seal gap measurements
must be performed on the secondary seal once per year and on the
primary seal every 5 years. Any conditions causing inspection failures
would need to be repaired and records of the repairs kept.
The owner or operator would need to perform vapor tightness testing
on cargo tanks and keep vapor tightness records of all cargo tanks
loading at regulated rack loading positions, and also would have to
take steps to ensure that only cargo tanks with vapor tightness
certification are loaded at these positions. Examples of these steps
are contacting cargo tank owners to explain the vapor tightness
requirements and posting reminder signs summarizing the requirements at
the affected loading positions.
[[Page 15679]]
G. What Would Be the Notification, Recordkeeping, and Reporting
Requirements?
The proposed OLD NESHAP would require you to keep records and file
reports consistent with the notification, recordkeeping, and reporting
requirements of the General Provisions of 40 CFR part 63, subpart A.
Two basic types of reports would be required: initial notification and
semiannual compliance reports. The initial notification report would
apprise the regulatory authority of applicability for existing sources
or of construction for new sources.
The initial compliance report would demonstrate that compliance had
been achieved. This report would contain the results of the initial
performance test, which include the determination of the reference
operating parameter value or range and a list of the organic liquids
and equipment subject to the standards. Subsequent compliance reports
would describe any deviations of monitored parameters from reference
values; failures to comply with the startup, shutdown, and malfunction
plan (SSMP) for control devices; and results of LDAR monitoring and
storage tank inspections. These reports are also used to notify the
regulatory authority of any changes in the organic liquids handled or
changes in the OLD equipment or operations.
Records required under the proposed standards would have to be kept
for 5 years, with at least 2 of these years being on the facility
premises. These records would include copies of all reports that you
have submitted; an up-to-date record of your organic liquids and
affected equipment; and a listing of all cargo tanks that transfer
organic liquids at affected rack loading positions, including their
vapor tightness certification. Monitoring data from control devices
would have to be kept to ensure that operating limits are being
maintained. Records from the LDAR program and storage vessel
inspections, and records of startups, shutdowns, and malfunctions of
each control device are needed to ensure that the controls in place are
continuing to be effective.
III. Rationale for Selecting the Proposed Standards
A. How Did We Select the Source Category?
Organic liquids distribution operations were included as a source
category on our initial list of HAP source categories. Since liquid
distribution is often carried out at SOCMI, refinery, or other
manufacturing plant sites, there is the potential for overlapping
control requirements in those cases where OLD activities are already
regulated by other NESHAP. To avoid the situation where an emission
source could be subject to multiple NESHAP, we are defining the OLD
source category to exclude emission sources already covered by other
NESHAP from control under these proposed standards.
The proposed Organic Liquids Distribution (non-Gasoline) NESHAP
would apply to organic liquids distribution activities at sites that
are determined to be ``major sources'' as defined in section 112(a)(1)
of the CAA. This means those plants or facilities where the stationary
sources located within a contiguous area and under common control emit
or have the potential to emit, considering controls, a total of 10 tpy
or more of any single HAP or 25 tpy or more of any combination of HAP.
Under the EPA's 1995 Potential to Emit Transition Policy, State and
local air regulators have the option of treating the following types of
sources as nonmajor under section 112 and permit programs under title V
of the CAA: (1) sources that maintain adequate records to demonstrate
that their actual emissions are less than 50 percent of the applicable
major source threshold and have continued to operate at less than 50
percent of the threshold since January 1994; and (2) sources with
actual emissions between 50 and 100 percent of the threshold, but which
hold State-enforceable limits that are enforceable as a practical
matter. During the EPA's rulemaking related to the potential to emit
(PTE) requirements in the General Provisions (40 CFR part 63, subpart
A) and the title V operating permits program, we have issued three
extensions to the original transition policy, the latest memorandum
dated December 20, 1999 and entitled, ``Third Extension of January 25,
1995 Potential to Emit Transition Policy.'' Sources that comply with
either of the two criteria listed above will not be considered a major
source under the OLD NESHAP. However, sources will be required to
comply with the applicable provisions of the final PTE rule as of the
effective date of that rule.
Organic liquids distribution operations that do not meet the
criteria for a major source under the PTE transition policy are not
being regulated at this time. We may consider area sources for
regulation at a future date as part of the area source strategy
authorized under section 112(k) of the CAA.
The source category covered by the proposed standards is not a
single established ``industry'' in the usual sense, but involves a
number of traditional industry segments. The purpose of the proposed
standards is to enact controls on major source OLD operations wherever
they occur, and this includes a variety of traditional industries.
While these industry segments are distinct from one another (for
example, they are described by several different SIC/NAICS codes), they
are related to each other because they handle similar types of liquids
which are inputs or outputs of the other segments. As an example, a
particular organic liquids produced by a chemical manufacturing
facility may be handled by a for-hire storage terminal, and then enter
another manufacturing plant to be used in the making of a product.
We believe the OLD source category is best explained through a
description of the organic liquids and distribution activities that are
affected, and the types of facilities where the OLD activities occur.
The organic liquids affected by the proposed standards are those
liquids that contain 5 percent by weight or more of the 69 organic HAP
listed in Table 1 of the proposed subpart. These liquids include pure
HAP chemicals (straight toluene, for example), petroleum liquids, and
many blended mixtures and solutions of organic HAP chemicals that are
stored and transported in bulk throughout the economy. The proposed
rule would also affect all crude oil, with the exception of black oil,
that has undergone custody transfer out of production facilities, even
though individual crudes may have a total HAP content either above or
below 5 percent by weight. Note that gasoline (including aviation
gasoline) distribution is excluded from the proposed OLD NESHAP because
these operations are already covered by the Gasoline Distribution
NESHAP, 40 CFR part 63, subpart R.
The OLD activities and equipment that would be subject to the
proposed control requirements are: (a) Storage of organic liquids in
stationary storage tanks; (b) organic liquids transfer into cargo tanks
(tank trucks or railcars) at transfer racks; and (c) the equipment
components used in organic liquids transfer activities (pumps, valves,
and sampling connection systems). Note that distribution under the
proposed standards consists of those activities involved in storing
organic liquids and transferring them either onto or off a major source
plant site.
Organic liquids distribution is carried out at three primary
categories of operations. First is the stand-alone bulk terminal, which
typically receives,
[[Page 15680]]
stores, and sends out liquids owned by other companies (``for-hire''
facilities). These facilities are not collocated with a manufacturing
site and will be affected if they meet the major source criteria based
on their OLD activities. Some chemical companies own stand-alone
terminals to distribute their own liquids, and they may also lease
storage space at these terminals to other companies. The second
category consists of OLD operations that are contiguous and under
common control with a manufacturing (e.g., SOCMI facility or petroleum
refinery) plant site. The OLD operations that satisfy the annual
throughput cutoff at plant sites that constitute a major source of HAP
will be subject to the proposed standards. There may also be additional
types of manufacturing facilities that have affected OLD operations.
The third facility type is pipeline stations, typically handling crude
oil, that have breakout storage tanks used to absorb surges in the
pipeline flow or to serve as distribution points for other modes
(marine vessels, etc.) outside of the pipeline.
Section 112(d)(1) of the CAA requires us to promulgate NESHAP for
``each category or subcategory of major sources and area sources of
hazardous air pollutants listed for regulation * * *''
Subcategorization of a source category is sometimes appropriate for
NESHAP when industrial segments within the category have different
types of processes or emission characteristics or require the use of
different types of control techniques. As we developed the proposed OLD
NESHAP, we considered whether we should develop different control
requirements for the various OLD industry segments.
A review of the OLD data base and the information gathered during
our site visits to OLD facilities showed that, despite the extreme
operating conditions that occur in the process units at SOCMI
facilities and refineries, the liquid distribution operations at the
various types of facilities are carried out under conditions at or
close to ambient. Furthermore, common organic HAP control technologies
(such as thermal oxidizers and flares) are applicable to and in use for
the activities performed at all of the facility types. Thus, based on
these factors, we concluded that designation of separate subcategories
for the purpose of developing different emission standards in the OLD
NESHAP was not warranted.
B. How Did We Select the Proposed Pollutants To Be Regulated?
The data base of results from our 1998 survey of OLD operations
indicates the presence of about 93 different HAP in all of the reported
liquids, which is most of the organic compounds or groups of compounds
listed as HAP under section 112(b) of the CAA. The variety of HAP is so
large because the OLD industry represents the sum total of the chemical
and petroleum liquids handled throughout industry (except gasoline).
Yet, there may be additional organic HAP in liquids that are not in the
EPA's OLD data base.
We considered whether it would be reasonable to select all organic
HAP listed under section 112(b) for regulation in the OLD NESHAP. Some
organic HAP have a very low potential to be emitted to the atmosphere
from OLD operations because of their low volatilities (vapor pressure
value). We do not consider it reasonable for facilities that may have a
significant part of their OLD operations dedicated to handling low-
volatility HAP liquids to apply controls representing MACT to those
activities.
As a result, we decided it would be appropriate to develop a list
of the specific organic HAP to be regulated by the proposed standards.
We first made a listing of all of the HAP believed to exist in OLD
operations, ranked in order of decreasing vapor pressure (at 25 degrees
C). We then selected a vapor pressure cutoff of 0.1 pound per square
inch absolute (psia) (about 0.7 kilopascal) to exclude the compounds
with the lowest volatilities from the bottom of the table. This cutoff
point was selected and was agreed to by industry reviewers as a
reasonable level below which the emission potential would be minimal.
The 0.7 kilopascal vapor pressure cutoff is recommended by the fact
that the HON (in Table 6 of 40 CFR part 63, appendix to subpart G)
requires the application of controls for new storage vessels with a
capacity of 151 cubic meters or greater and storing liquids with a
vapor pressure of 0.7 kilopascal or greater. The proposed applicability
cutoffs for OLD storage tanks are similar to the cutoffs in the HON
(for example, new OLD tanks larger than 151 cubic meters storing any
liquid with a vapor pressure greater than 0.7 kilopascal would be
covered). If we choose a cutoff higher than 0.7 kilopascal, which would
leave even fewer HAP subject to control, there would be an
inconsistency between the HAP table and the proposed storage tank
applicability cutoffs. Therefore, on the basis of these considerations,
we used a cutoff of 0.7 kilopascal to derive the specific organic HAP
listed in Table 1 of the proposed standards.
The proposed standards would affect OLD activities involving two
categories of organic liquids: (1) Those liquids containing at least 5
percent by weight of the HAP listed in Table 1 of the proposed subpart;
and (2) all crude oils except black oil. As with the 0.7 kilopascal
cutoff used to determine which HAP would be in Table 1, the intent of
the 5 percent HAP cutoff is to exclude the lowest emitting organic
liquids from the control requirements. The 5 percent HAP cutoff also
has precedent in existing part 63 subparts. In the HON, 40 CFR part 63,
subpart H and the NESHAP for Polycarbonate Production (40 CFR
63.1103(d), subpart YY), the equipment leak provisions affect only
equipment containing or contacting a fluid that is at least 5 percent
by weight of total organic HAP, on an annual average basis.
Our analysis of 17 different crude oil profiles indicated an
average HAP weight percentage in the emitted vapors of about 6.0
percent. However, about half of these samples had a HAP percentage
below 5 percent. Under the 5 percent HAP cutoff defining a regulated
organic liquid, this would exempt from control a large amount of the
crude oil as it enters and leaves distribution facilities.
Despite its relatively low HAP content, crude oil had a significant
vapor pressure that was as high as 8 psia and averaged about 3.5 psia
for all of the profile data we examined. Also, crude oil is estimated
to make up approximately 68 percent of the volume of organic liquids in
the distribution system, and 84 percent of the volume for liquids with
a HAP content below 10 percent. Since the potential emissions from
crude oil are a significant fraction of the total OLD emissions, we
believe that the potential reductions from controlling crude oil would
be significant and are a compelling reason to regulate all distributed
crude oil except for the specific variety discussed below.
Black oil is a form of crude oil that we determined in the final
NESHAP for Oil and Gas Production, 40 CFR part 63, subpart HH, to have
a very low potential to produce flash emissions from storage tanks.
Furthermore, tanks containing black oil are not considered to be
affected sources under subpart HH. We are including a similar exemption
for black oil in the OLD NESHAP because we do not consider storage or
transfer of black oil to constitute a significant emission source. The
definition of black oil is being altered from that used in subpart HH.
In subpart HH it is the ``initial producing'' gas-to-oil ratio and API
(American Petroleum Institute) gravity that are used to define some
crude oils as black oil. For this proposed
[[Page 15681]]
subpart, we are using the gas-to-oil ratio and API gravity of the crude
oil at the point of entry to the distribution system to define the
crude oil as black oil.
C. How Did We Select the Proposed Affected Source?
The affected source would be the combination of all regulated
emission sources at an OLD operations facility. The regulated emission
sources at an OLD operations facility are:
Storage tanks;
Transfer racks; and
Equipment in organic liquids service.
We have chosen a broad source definition which allows a storage
tank, transfer rack, or single piece of equipment to be replaced or
upgraded without its replacement being designated as a new source. The
broad source definition was chosen for this source category because a
more narrow source definition would mean that a change to an individual
regulated emission source at a facility could cause that individual
emission source to be designated as new. The designation as new would
mean that the individual emission source (such as a single storage
tank) would be required to observe the emission or operating limits in
the proposed subpart for new sources. It also means that the emission
source would need to be permitted separately, and its recordkeeping and
reporting requirements could fall on intervals different from the rest
of the facility. We looked at the emissions reductions that could
possibly be gained through a narrow definition of affected source and
decided that, on balance, a broad definition is the better choice.
D. How Did We Determine the Basis and Level of the Proposed Standards
for Existing and New Sources?
1. MACT Floor Determination
We determined separate MACT floors for each of the emission sources
that exist at OLD operations. We received data through questionnaire
responses from 247 facilities owned or operated by 77 companies. These
facilities reflected the various major industry segments involved in
organic liquids distribution. However, due to the pervasive nature of
distribution operations throughout the economy, we believe that our
survey only captured about 40 percent of all of the large OLD
operations in the country. Additional detailed information was obtained
from site visits to nine OLD facilities. The data collected represent a
complete range of the large facilities that would be affected by the
proposed standard. Therefore, we believe the data are representative of
OLD operations throughout the country.
We determined MACT floors for existing sources based on the
arithmetic average of the lowest-emitting 12 percent where this
approach made sense and produced a result that corresponded to use of a
specific control technology. For the remaining cases, we used the
median (middle) value to represent the MACT floor. For storage tanks
and transfer racks, floors were determined for each subgroup (size and
vapor pressure range for tanks, vapor pressure range for loading
positions). For the several storage tank subgroups with fewer than 30
sources, we used the median of the five lowest-emitting tanks (the
third tank).
Using the storage tank data collected from OLD operations, we
determined the relative emissions from 1,175 reported tanks and listed
these tanks from lowest to highest emitting within several tank size
and liquid vapor pressure ranges. For transfer racks, we listed
individual loading positions from lowest to highest emitting, starting
with those with a control device, followed by those using bottom or
submerged loading, and finally those using splash fill (considered the
baseline, uncontrolled case). For equipment leaks, the facilities with
a Federal LDAR program were listed first, followed by those with a
State or local program, and then those with no program.
The best controlled storage tanks at OLD facilities in our data
base use either a closed vent system and control device or a well-
designed internal or external floating roof. These controls represent
the maximum level of control available for storage tanks. The existing
source MACT floor for tanks was determined to be a choice of control
device or a floating roof with effective emission seals. The specific
tank sizes and organic liquids to which the MACT floor applies are
essentially the same as those in the HON.
The best controlled transfer racks at the OLD operations facilities
in our survey data base are equipped with a vapor collection system and
control device to reduce organic HAP emissions. Control efficiencies
for these devices were reported as ranging from below 90 percent to
over 99 percent, but no test data were provided to support these
control efficiencies. The MACT floor for existing transfer racks was
determined to be the use of a control device, without identifying any
specific control efficiencies that constitute the floor. However, based
on the types of devices in use and the liquids being controlled, we
believe that a control efficiency of 95 percent is appropriate for this
floor.
The best controlled OLD equipment is subject to an instrument-based
LDAR program, and we found that an LDAR program similar to the HON
program represents the existing source MACT floor.
For new sources, the CAA requires the MACT floor to be based on the
degree of emissions reductions achieved in practice by the best-
controlled similar source. The MACT floor for new sources and existing
sources is the same in the case of transfer racks (use of a control
device) and equipment leaks (an instrument LDAR program). For storage
tanks, the control technologies in the MACT floors for existing and new
sources are also the same. However, in the new source floor, these
controls are applied to smaller tanks and to less volatile liquids when
they are stored in larger tanks.
A more detailed summary of the MACT floor analysis, including the
data and the considerations used to determine the MACT floors for OLD
operations, can be found in the technical support document located in
the docket.
2. Beyond-the-Floor Levels of Control
Using the MACT floor levels as a starting point, we investigated
whether any applicable control approaches were available that were both
more stringent than these floors and satisfied the criteria in section
112(d)(2) of the CAA.
The MACT floors for existing and new organic liquids storage tanks
consist of a choice between the emission limitation in the HON (closed
vent system and control device at 95 percent efficiency) and the
floating roof requirements in 40 CFR part 63, subpart WW. These
controls represent the maximum level of control available for storage
tanks. The tank capacity and liquid vapor pressure cutoffs defining
which tanks would be affected are the same as those in the HON. We
believe that these cutoffs define all of the storage tanks that it is
reasonable to regulate with MACT technology. Therefore, we were not
able to identify any reasonable technologies that would create beyond-
the-floor control levels for storage tanks.
The best controlled organic liquids transfer racks achieve
emissions reductions of 95 percent or greater using a closed vent
system and control device. Due to the diversity of liquids handled in
the industry and the consequent use of a variety of control devices, we
concluded that levels above 95 percent should not be considered as an
alternative control level for transfer
[[Page 15682]]
racks. Therefore, no beyond-the-floor control levels were deemed
achievable for this emission source.
The best controlled OLD equipment is subject to an instrument-based
LDAR program, and we found that an LDAR program similar to the HON
program represents both the existing and new source MACT floors. We
have not identified any beyond-the-floor control approaches that
provide better control of leakage emissions from equipment at a
reasonable cost.
3. Selection of the Standards
Some OLD operations may involve very low organic liquids
throughputs because they operate intermittently, but they would still
be defined as a major source if they are on the same plant site as a
major source manufacturing operation. We desired a small size cutoff to
exempt OLD operations with a very small amount of distribution
activity. The survey data did not indicate any specific organic liquids
throughput into or out of a facility that would help us in identifying
a lower size threshold for the size of OLD operations facility that
should be affected by the proposed standards. Therefore, we turned to
existing Federal and State organic liquids transfer rules. The cutoff
value of 20,000 gallons per day is frequently used to identify affected
transfer facilities. This value converts to 27.6 million liters per
year, the smallest size facility we are proposing to affect by these
standards. This is a reasonable approach as facilities below this size
cutoff do not have the volume of organic liquids throughput that would
yield emissions warranting control, as identified by other Federal and
State rules. If the throughputs into and out of the facility during a
calendar year are different, then the larger of the two values would be
used to determine whether the operation is affected by these proposed
standards.
The proposed standards were selected following the completion of
the MACT floor and beyond-the-floor analyses. After we determined that
there were no reasonable control measures more stringent than the MACT
floors, we used the floors as the basis for the selection of the
standards. While some of our survey responses appeared to indicate
control levels beyond the levels normally associated with these devices
(i.e., many reports at or near 100 percent efficiency), we believed
that these values did not represent the continuous performance of the
control devices in use. Also, these high efficiency values were not
supported by test data. Therefore, a control efficiency of 95 percent
is being proposed for control devices used for storage tanks or
transfer racks. To be consistent with the results from the test methods
allowed for showing compliance, this control efficiency can be
demonstrated in terms of either total organic HAP or TOC. In addition,
combustion devices have an optional emission limit of 20 ppmv of
organic HAP or TOC in the exhaust.
Some transfer racks at OLD facilities are used only on a periodic
or intermittent basis and, therefore, have relatively low volume
throughputs and low emissions. We do not believe it would be reasonable
to install a control system on such low usage racks. However, the
survey data did not indicate any specific throughput level below which
transfer rack emission controls were not being used in OLD operations.
As the survey data could not provide direction on a throughput
cutoff, we searched existing Federal and State air rules to evaluate
the cutoffs in use. The provisions of 40 CFR 63.1101, subpart YY
(Generic MACT Standards), define a low throughput transfer rack as a
rack that transfers less than 11.8 million liters (3.12 million
gallons) per year of liquid containing regulated HAP. This cutoff is
equivalent to about one tank truck full of liquid per day. No
additional cutoffs affecting individual transfer racks were identified.
The cutoff used in subpart YY was considered reasonable for the OLD
transfer rack control requirement, and, therefore, we are proposing to
regulate only those transfer rack positions that load 11.8 million
liters per year or more of organic liquid.
A transfer rack may have more than one loading position (i.e.,
``parking spot'') for cargo tanks. Since each loading position may
receive liquid from a specific storage tank independently of the other
positions, each position can be considered an individual emission
source during the time that a cargo tank is in place and loading
liquid. Therefore, we are proposing to apply both the emission limit
and throughput cutoff to each individual loading position. Under this
approach, owners and operators would have maximum flexibility in
determining the optimum configuration for their loading activities.
At controlled transfer racks (those equipped with a vapor
collection system and a control device), fugitive emissions may occur
from leaking truck transport tanks or railcars through dome covers,
malfunctioning pressure relief vents, or other potential leak sources.
Thus, a requirement to control liquid transfer operations using a vapor
collection system and control device could be ineffective if the cargo
tanks leak vapors to the atmosphere during the loading process. For
cargo tanks equipped with vapor collection equipment (which typically
includes an integrated vapor valve that is opened to release vapors to
the control system during loading), EPA Method 27 in 40 CFR part 60,
appendix A, is specified for ensuring the tank's vapor tightness. Tank
trucks used for gasoline distribution are routinely equipped for vapor
collection and undergo an annual Method 27 test under the NESHAP
regulating gasoline distribution. However, tank trucks in organic
chemical service typically are not equipped for vapor collection. For
these tanks, Method 27 would not be applicable. Instead, the current
DOT methods which require periodic leak testing of chemical tank trucks
and railcars are in place and effective for organic liquids cargo
tanks.
E. How Did We Select the Format of the Proposed Standards?
The format selected for the proposed standards was developed after
a comprehensive review of Federal and State rules affecting the same
emission sources that occur in similar industries. Our goal was to set
an overall format that is compatible with the applicable test methods,
reflects the performance of the MACT technologies, and is consistent
with the formats used in other NESHAP for similar HAP sources.
The proposed standards for OLD operations consist of a combination
of several formats: numerical emission limits and operating limits,
equipment standards, and work practice standards. Section 112(h) of the
CAA states that ``* * * if it is not feasible in the judgment of the
Administrator to prescribe or enforce an emission standard for control
of a hazardous air pollutant or pollutants, the Administrator may, in
lieu thereof, promulgate a design, equipment, work practice, or
operational standard, or combination thereof * * *.'' Section 112(h)
further defines the phrase ``not feasible to prescribe or enforce an
emission standard'' as any situation in which ``* * * a hazardous air
pollutant or pollutants cannot be emitted through a conveyance designed
and constructed to emit or capture such pollutant, * * * or the
application of measurement methodology to a particular class of sources
is not practicable * * *.''
Numerical emission limits are feasible for storage tanks and
transfer racks outfitted with a closed vent system and a control
device. For these control situations, we have proposed a percentage
control efficiency for consistency with the HON and the
[[Page 15683]]
Refinery NESHAP, which taken together, regulate a great number of the
organic liquids handled in OLD operations. To allow flexibility, we are
proposing a 95 percent control efficiency limit in terms of either
total organic HAP or TOC. For combustion devices, we are proposing an
alternate emission limit of 20 ppmv of either organic HAP or TOC.
Depending on the test methods chosen, the owner or operator would
select the most suitable format.
The proposed 95 percent and 20 ppmv limits apply not to entire
transfer racks but to each individual loading position at the racks. We
felt that under this format, sources would have more freedom in
choosing how to organize the transfer of affected organic liquids. For
example, at a rack with two loading positions you might designate and
configure one position to be an uncontrolled position, and another
position to be a controlled position piped through a vapor collection
system to a control device. You could then load affected organic
liquids only at the controlled position but could still load
unregulated liquids through the same rack at the uncontrolled position.
Equipment and work practice standards affect each of the emission
sources being regulated. The following subparagraphs describe the
selection of these formats.
Floating Roof Standard for Storage Tanks
You would have the option of installing floating roofs that meet
the requirements of 40 CFR part 63, subpart WW, in your affected
storage tanks. The floating roof option has been included in most
Federal rules affecting storage tanks. Our goal was to be consistent
with these other rules and to provide you with flexibility in
controlling the storage tanks that contain affected organic liquids.
Vapor Tightness Testing for Cargo Tanks
For the closed vent (vapor collection) system on transfer racks to
be effective in conveying all of the displaced HAP vapors to the
control device, the cargo tanks must be maintained in a way that
minimizes leakage. There is no means available for collecting or
measuring these leakage emissions. Therefore, we have proposed a work
practice standard consisting of an annual vapor tightness test which
involves pressurizing the empty tank and measuring any loss of
pressure. The same approach is used for cargo tanks in two of the
Federal rules that affect gasoline distribution, the new source
performance standards (NSPS) for bulk gasoline terminals (40 CFR part
60, subpart XX), and the Gasoline Distribution NESHAP (40 CFR part 63,
subpart R).
Leak Detection and Repair Program for Equipment
The LDAR program has been used for many years as the principal
means of locating leaking equipment for repairs to maintain low
emission rates on equipment components. In surveying OLD operations
nationwide, we found that about 35 percent of the facilities are under
a Federal LDAR requirement. Therefore, we decided that this format
would be the best approach for the equipment requirements. Owners and
operators would have the choice between the LDAR requirements in 40 CFR
part 63, subpart TT or UU.
F. How Did We Select the Proposed Testing and Initial Compliance
Requirements?
These NESHAP propose to control three different emission points:
Storage tanks, transfer racks, and equipment leaks. The control
technologies and work practices used to control these emission points
would have different testing and initial compliance requirements. The
methods proposed for testing and for demonstrating initial compliance
with the proposed standards are similar to those in other Federal
NESHAP using these same control technologies and work practices. The
HON (40 CFR part 63, subpart G) prescribes EPA Method 18 or 25A for
determining the control efficiency of a control device. We have added
EPA Method 25 to allow additional flexibility. In addition, if a
principal component of the inlet gas stream to the control device is
formaldehyde, EPA Method 316 of 40 CFR part 63, appendix A, may be used
instead of Method 18 to measure the formaldehyde.
The HON also specifies EPA Method 21 for performing LDAR
monitoring. The visual and seal gap inspections proposed for
determining the initial compliance of floating roof tanks are the
methods outlined in subpart WW of 40 CFR part 63. The EPA Method 27 is
the method proposed for confirming the vapor tightness of tank trucks
and railcars equipped with vapor collection equipment. This is the same
approach required for testing cargo tanks in 40 CFR part 63, subpart R,
the Gasoline Distribution NESHAP. We have determined while developing
other part 63 rules that these methods are appropriate for fulfilling
the testing and initial compliance requirements in standards for HAP
emissions.
G. How Did We Select the Proposed Continuous Compliance Requirements?
Continuous monitoring is required by the proposed standards so that
we can determine whether a source is in compliance on an ongoing basis.
When determining appropriate monitoring options, we considered the
availability and feasibility of a number of monitoring strategies.
In evaluating the use of continuous emission monitoring systems
(CEMS) in these proposed standards, we determined that monitoring of
HAP compounds emitted from control devices is feasible and has been
implemented in other rules at certain types of facilities. However, the
cost of applying monitors that provide a continuous measurement in the
units of these proposed standards would be unacceptably high.
Similarly, we found that continuous monitoring of a HAP surrogate (such
as TOC) would not provide an accurate indication of compliance with the
proposed HAP emission limitations because of the many non-HAP organic
compounds.
Monitoring of control device operating parameters is considered
appropriate for many other emission sources (such as gasoline
distribution sources under 40 CFR part 63, subpart R) and, therefore,
we have included this as the primary monitoring approach in these
proposed standards. Based on information from OLD sources, we selected
operating parameters for the following types of control devices that
are reliable indicators of control device performance: Thermal and
catalytic oxidizers, flares, adsorbers, and condensers. In general, we
selected parameters and monitoring provisions that were included in
both subpart R and the HON. Sources would monitor these parameters to
demonstrate continuous compliance with the emission limits and
operating limits.
The proposed NESHAP also requires monitoring for the storage tank
work practice standards which consist of periodic inspections of the
floating roof seals. We took this approach because there is no device
available to continuously monitor the performance of the roof seals.
You may choose an alternative to the monitoring required by these
proposed standards. If you do, you would have to request approval for
alternative monitoring according to the procedures in Sec. 63.8 of the
General Provisions.
H. How Did We Select the Proposed Notification, Recordkeeping, and
Reporting Requirements?
The required notifications and other reporting are based on the
General
[[Page 15684]]
Provisions in subpart A of 40 CFR part 63. The initial notification and
the semiannual compliance reports include information on organic
liquids and affected OLD activities, and they would require any changes
to this information to be reported in subsequent reports. Similarly,
records would be required that will enable an inspector to verify the
facility's compliance status. Due to the nature of control devices that
would be installed on OLD operations and the emissions being
controlled, we have determined that control device parameter monitoring
is appropriate in this circumstance. The proposed records and reports
are necessary to allow the regulatory authority to verify that the
source is continuing to comply with the standards.
IV. Summary of Environmental, Energy, and Economic Impacts
As discussed earlier, organic liquids distribution activities are
carried out at many different types of facilities. Most of these
facilities can be grouped under three general categories: Stand-alone
(usually for-hire) storage terminals dedicated to distribution
activities; OLD operations collocated with a petroleum refinery,
chemical manufacturing, or other manufacturing plant site; and crude
oil pipeline pumping or breakout stations (containing crude oil
tankage).
We estimate that in 1997, the baseline year for the proposed
standards, there were approximately the following numbers of major
source OLD facilities: 480 collocated OLD operations, 135 stand-alone
terminals, and 35 crude oil pipeline stations, for a total of about 650
existing major source OLD plant sites.
A. What Are the Air Quality Impacts?
On a nationwide basis, the OLD operations at facilities that would
be affected by the proposed NESHAP emit an estimated 70,200 Mg/yr
(77,300 tons/yr) of HAP. Most of the organic HAP listed in section
112(b)(1) of the CAA are included in these emissions. After the
promulgated standards are implemented, HAP emissions will be reduced by
approximately 19,700 Mg/yr (21,700 tpy), or 28 percent, from the
baseline. Such emissions impacts are likely to reduce the risk of
adverse effects of HAP.
Although the proposed OLD NESHAP would not specifically require
control of VOC emissions, the organic HAP emission control technologies
upon which the proposed standards are based would also significantly
reduce VOC emissions from the source category. We estimate that
implementation of the promulgated NESHAP would reduce nationwide VOC
emissions by about 33,700 Mg/yr (37,100 tpy), or 28 percent, from
baseline levels. This will have the effect of reducing ozone-related
health and welfare impacts.
B. What Are the Cost Impacts?
The cost of implementing the proposed standards for affected OLD
operations would consist of the capital and annualized costs to control
storage tanks, transfer racks, and equipment leaks, and the costs of
complying with the monitoring, reporting, and recordkeeping
requirements.
Approximately 1,740 storage tanks, or 23 percent of the 7,725 tanks
used in OLD operations, would need to be controlled (or further
controlled) to meet the proposed control requirements. Depending on the
size and configuration of a particular tank, the capital cost would
vary from $4,300 to $120,000 per tank. The total capital cost to
control all 1,740 tanks is estimated at $84.3 million.
Transfer rack controls would consist of installing a flare or other
control device at approximately 200 OLD operations, at an estimated
total capital cost of $5.4 million. Since organic liquids cargo tanks
are typically not equipped with vapor collection equipment, most of
them would continue to undergo the DOT leak tightness testing and not
the annual EPA Method 27 testing. The total annual cost for performing
Method 27 on the small number of equipped cargo tanks is estimated at
about $21,700 per year.
The establishment of an LDAR program for equipment leak control at
about 430 existing operations nationwide would involve a capital cost
of approximately $3.5 million.
The annual cost for industry to keep records and prepare and send
the necessary reports is estimated at about $12.7 million per year.
We have estimated the total nationwide capital cost (in 1997
dollars) of implementing the proposed rule at $94.4 million, and the
annual cost at $41.4 million per year. We are soliciting comment from
the public on the accuracy of the cost impacts that are summarized
above and presented in detail in the TSD.
C. What Are the Economic Impacts?
The economic impact analysis shows that the expected price increase
for affected output would be less than 0.01 percent as a result of the
proposed standard for petroleum producers, pipeline operators, and
petroleum bulk terminals, and less than 0.02 percent for chemical
manufacturers. The expected change in production of affected output is
a reduction of less than 0.01 percent for petroleum producers, pipeline
operators, and petroleum bulk terminals, and less than 0.02 percent for
chemical manufacturers. None of the facilities out of the 651 affected
are expected to close as a result of incurring costs of the proposed
standard. Therefore, it is likely that there is no adverse impact
expected to occur for those industries that produce output affected by
this proposed rule, such as chemical manufacturers, petroleum
refineries, pipeline operators, and petroleum bulk terminal operators.
D. What Are the Nonair Quality Health, Environmental, and Energy
Impacts?
Water quality would not be significantly affected by implementation
of the proposed standards. The proposed standards do not contain any
requirements related to water discharges, wastewater collection, or
spill containment, and no additional organic liquids are expected to
enter these areas as a result of the proposed OLD NESHAP. A few
facilities may select a scrubber (depending on the specific emissions
they are controlling) to control emissions from transfer racks or
fixed-roof storage tanks. The impact on water quality from the use of
scrubbers is not expected to be significant.
We also project that there will be no significant solid waste or
noise impact. Neither flares, thermal oxidizers, scrubbers, nor
condensers generate any solid waste as a by-product of their operation.
When adsorption systems are used, the spent activated carbon or other
adsorbent that cannot be further regenerated may be disposed of in a
landfill, which would contribute a small amount of solid waste.
We have tested the noise level from control devices and found these
levels (usually due to pumps and blowers) to be moderate (less than 70
decibels at 7 meters). Thus, the noise impact would be small.
The control devices used for transfer rack and storage tank control
use electric motor-driven blowers, dampers, or pumps, depending on the
type of system, in addition to electronic control and monitoring
systems. The installation of these devices would have a small negative
energy impact. To the extent that some of the controlled organic
liquids are non-gasoline fuels, the applied control measures would keep
these liquids in the distribution system and thus have a positive
impact on this form of energy.
[[Page 15685]]
V. Administrative Requirements
A. Executive Order 12866, Regulatory Planning and Review
Under Executive Order 12866 (58 FR 51735, October 4, 1993), the EPA
must determine whether the regulatory action is ``significant'' and,
therefore, subject to review by the Office of Management and Budget
(OMB) and the requirements of the Executive Order. The Executive Order
defines ``significant regulatory action'' as one that is likely to
result in a rule that may:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy, a sector of the
economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
the Executive Order.
Pursuant to the terms of Executive Order 12866, OMB has notified
EPA that it considers this a ``significant regulatory action'' within
the meaning of the Executive Order. EPA has submitted this action to
OMB for review. Changes made in response to OMB suggestions or
recommendations will be documented in the public record. Any written
comments from OMB and written EPA responses are available in the docket
(see ADDRESSES section of this preamble).
B. Executive Order 13132, Federalism
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires the EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under Section 6 of Executive Order 13132, the EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or the EPA
consults with State and local officials early in the process of
developing the proposed regulation. The EPA also may not issue a
regulation that has federalism implications and that preempts State law
unless the EPA consults with State and local officials early in the
process of developing the proposed regulation.
This proposed rule does not have federalism implications. It will
not have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. Thus, the requirements of
section 6 of the Executive Order do not apply to this proposed rule.
C. Executive Order 13175, Consultation and Coordination With Indian
Tribal Governments
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal government and the Indian tribes,
or on the distribution of power and responsibilities between the
Federal government and Indian tribes.''
This proposed rule does not have tribal implications. It will not
have substantial direct effects on tribal governments, on the
relationship between the Federal government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175. No
tribal governments are believed to own or operate an affected source.
Thus, Executive Order 13175 does not apply to this rule. In the spirit
of Executive Order 13175, and consistent with EPA policy to promote
communications between EPA and tribal governments, EPA specifically
solicits additional comment on this proposed rule from tribal
officials.
D. Executive Order 13045, Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 (62 FR 19885, April 23, 1997) applies to any
rule that: (1) Is determined to be ``economically significant'' as
defined under Executive Order 12866, and (2) concerns an environmental
health or safety risk that the EPA has reason to believe may have a
disproportionate effect on children. If the regulatory action meets
both criteria, the EPA must evaluate the environmental health or safety
effects of the planned rule on children, and explain why the planned
regulation is preferable to other potentially effective and reasonably
feasible alternatives considered by the EPA.
The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that are based on health or safety risks, such that
the analysis required under section 5-501 of the Executive Order has
the potential to influence the regulation. This proposed rule is not
subject to Executive Order 13045 because it is based on technology
performance and not on health or safety risks. No children's risk
analysis was performed because no alternative technologies exist that
would provide greater stringency at a reasonable cost. Furthermore,
this proposed rule has been determined not to be ``economically
significant'' as defined under Executive Order 12866.
E. Executive Order 13211, Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001), required EPA to prepare and submit a Statement of
Energy Effects to the Administrator of the Office of Information and
Regulatory Affairs, and the Office of Management and Budget, for
certain actions identified as ``significant energy actions.'' Section
4(b) of Executive Order 13211 defines ``significant energy actions'' as
``any action by an agency (normally published in the Federal Register)
that promulgates or is expected to lead to the promulgation of a final
rule or regulation, including notices of inquiry, advance notices of
proposed rulemaking, and notices of proposed rulemaking: (1) (i) That
is a significant regulatory action under Executive Order 12866 or any
successor order, and (ii) is likely to have a significant adverse
effect on the supply, distribution, or use of energy; or (2) that is
designated by the
[[Page 15686]]
Administrator of the Office of Information and Regulatory Affairs as a
significant energy action.'' This proposed rule is not a ``significant
energy action'' because it is not likely to have a significant adverse
effect on the supply, distribution, and use of energy. The basis for
this determination follows.
The reduction in petroleum product output, which includes
reductions in fuel production, is estimated at only 0.003 percent, or
about 137 barrels per day based on 2000 U.S. fuel production
nationwide. The reduction in coal, natural gas, and electricity output
is expected to be negligible compared to 2000 U.S. output of these
products nationwide. The increase in price of petroleum products is
estimated to be only 0.003 percent nationwide. While energy
distribution services such as pipeline operations will be directly
affected by this proposal, energy distribution costs are expected to
increase by only 0.36 percent. We estimate that there will be a slight
increase of only 0.002 percent of net imports (imports--exports), and
no other adverse outcomes are expected to occur with regard to energy
supplies. Given the minimal impacts on energy supply, distribution, and
use as a whole nationally, no significant adverse energy effects are
expected to occur. For more information on these estimated energy
effects, please refer to the economic impact analysis for the proposed
rule. This analysis is available in the public docket.
Therefore, we conclude that this proposed rule when implemented
will not have a significant adverse effect on the supply, distribution,
or use of energy.
F. Unfunded Mandates Reform Act of 1995
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, the
EPA generally must prepare a written statement, including a cost-
benefit analysis, for proposed and final rules with ``Federal
mandates'' that may result in expenditures by State, local, and tribal
governments, in aggregate, or by the private sector, of $100 million or
more in any 1 year. Before promulgating an EPA rule for which a written
statement is needed, section 205 of the UMRA generally requires the EPA
to identify and consider a reasonable number of regulatory alternatives
and adopt the least costly, most cost-effective, or least burdensome
alternative that achieves the objectives of the rule. The provisions of
section 205 do not apply when they are inconsistent with applicable
law. Moreover, section 205 allows the EPA to adopt an alternative other
than the least costly, most cost-effective, or least burdensome
alternative if the Administrator publishes with the final rule an
explanation of why that alternative was not adopted. Before the EPA
establishes any regulatory requirements that may significantly or
uniquely affect small governments, including tribal governments, it
must have developed under section 203 of the UMRA a small government
agency plan. The plan must provide for notifying potentially affected
small governments, enabling officials of affected small governments to
have meaningful and timely input in the development of EPA regulatory
proposals with significant Federal intergovernmental mandates, and
informing, educating, and advising small governments on compliance with
the regulatory requirements.
The EPA has determined that this proposed rule does not contain a
Federal mandate that may result in expenditures of $100 million or more
for State, local, and tribal governments, in the aggregate, or the
private sector in any 1 year. The maximum total annual cost of this
proposed rule for any year has been estimated to be about $41.4
million. Thus, today's proposed rule is not subject to the requirements
of sections 202 and 205 of the UMRA. In addition, the EPA has
determined that this proposed rule contains no regulatory requirements
that might significantly or uniquely affect small governments because
it contains no requirements that apply to such governments or impose
obligations upon them. Therefore, today's proposed rule is not subject
to the requirements of section 203 of the UMRA.
G. Regulatory Flexibility Act (RFA) as Amended by the Small Business
Regulatory Enforcement Fairness Act of 1996 (SBREFA), 5 U.S.C. 601 et
seq.
The RFA generally requires an agency to prepare a regulatory
flexibility analysis of any rule subject to notice and comment
rulemaking requirements under the Administrative Procedure Act or any
other statute unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Small entities include small businesses, small organizations, and small
governmental jurisdictions.
For purposes of assessing the impacts of today's proposed rule on
small entities, small entity is defined as: (1) A small business whose
parent company has fewer than 100 or 1,500 employees, depending on size
definition for the affected North American Industry Classification
System (NAICS) code, or a maximum of $5 million to $18.5 million in
revenues; (2) a small governmental jurisdiction that is a government of
a city, county, town, school district or special district with a
population of less than 50,000; and (3) a small organization that is
any not-for-profit enterprise which is independently owned and operated
and is not dominant in its field. It should be noted that companies in
42 NAICS codes are affected by this proposed rule, and the small
business definition applied to each industry by NAICS code is that
listed in the Small Business Administration (SBA) size standards (13
CFR 121). For more information on size standards for particular
industries, please refer to the economic impact analysis in the docket.
After considering the economic impacts of today's proposed rule on
small entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. We have
determined that nineteen small firms in the industries affected by this
rule may be affected. Out of the nineteen affected small firms, two
firms are estimated to have compliance costs that exceed one percent of
their revenues.
In addition, the rule is likely to also increase profits at the
many small firms not affected by the rule due to the very slight
increase in market prices. Finally, while there is a difference between
the median compliance cost to sales estimates for the affected small
and large firms (0.26 percent compared to 0.01 percent for the large
firms), no small or large firms are expected to close in response to
incurring the compliance costs associated with this rule.
Although this proposed rule will not have a significant economic
impact on a substantial number of small entities, we nonetheless have
tried to minimize the impact of this rule on small entities in several
ways. First, we chose to set the control requirements at the MACT floor
control level and not at a control level more stringent. Thus, the
control level specified in the proposed OLD rule is the least stringent
allowed by the CAA. Second, we have set facility size, transfer rack
throughput, and tank size cutoffs in the rule to minimize the effects
on small businesses. Third, we have identified a list of 69 HAP from
the list of 188 in the CAA to be considered for regulation. Regulated
liquids are organic liquids that contain at least 5
[[Page 15687]]
percent by weight of the 69 HAP listed. In addition, we worked with
various trade associations during the development of the proposed rule.
These actions have reduced the economic impact on small entities from
this rule. We continue to be interested in the potential impacts of the
proposed rule on small entities and welcome comments on issues related
to such impacts.
H. Paperwork Reduction Act
We will submit the information collection requirements in this rule
for approval to the Office of Management and Budget under the Paperwork
Reduction Act, 44 U.S.C. 3501 et seq. We have prepared an Information
Collection Request (ICR) document (ICR No. 1963.01) and you may obtain
a copy from Sandy Farmer, Office of Environmental Information,
Collection Strategies Division, U.S. Environmental Protection Agency
(2822), 1200 Pennsylvania Avenue, NW, Washington, DC 20460, by e-mail
at [email protected], or by calling (202) 260-2740. A copy may also
be downloaded off the internet (WWW) at http://www.epa.gov/icr. The
information requirements are not effective until OMB approves them.
The information requirements are based on notification,
recordkeeping, and reporting requirements in the NESHAP General
Provisions (40 CFR part 63, subpart A), which are mandatory for all
operators subject to national emission standards. These recordkeeping
and reporting requirements are specifically authorized by section 114
of the CAA (42 U.S.C. 7414). All information submitted to the EPA
pursuant to the recordkeeping and reporting requirements for which a
claim of confidentiality is made is safeguarded according to EPA
policies set forth in 40 CFR part 2, subpart B.
The proposed rule would require maintenance inspections of the
control devices but would not require any notifications or reports
beyond those required by the General Provisions. The recordkeeping
requirements require only the specific information needed to determine
compliance.
The annual monitoring, reporting, and recordkeeping burden to
affected sources for this collection (averaged over the first 3 years
after the effective date of the promulgated rule) is estimated to be
242,900 labor-hours per year, with a total annual cost of $12.7 million
per year. These estimates include a one-time performance test and
report (with repeat tests where needed), one-time submission of an SSMP
with semiannual reports for any event when the procedures in the plan
were not followed, semiannual compliance reports, maintenance
inspections, notifications, and recordkeeping.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An Agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for the
EPA's regulations are listed in 40 CFR part 9 and 48 CFR chapter 15.
I. National Technology Transfer and Advancement Act
Under section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (NTTAA), Public Law 104-113, all Federal
agencies are required to use voluntary consensus standards (VCS) in
their regulatory and procurement activities unless to do so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
developed or adopted by one or more voluntary consensus bodies. The
NTTAA requires Federal agencies to provide Congress, through annual
reports to OMB, with explanations when an agency does not use available
and applicable VCS.
Consistent with the NTTAA, the EPA conducted searches to identify
VCS for use in emissions monitoring. This search is described in a
memorandum which is in the docket. The search for emissions monitoring
procedures identified 19 VCS that appeared to have possible use in lieu
of EPA standard reference methods. However, after reviewing the
available VCS, the EPA determined that nine of the candidate VCS
identified for measuring emissions of the HAP or surrogates subject to
emission standards in the proposed rule would not be practical due to
lack of equivalency, documentation, and validation data. Ten of the
remaining candidate VCS are under development or under EPA review. The
EPA plans to follow, review, and consider adopting these VCS after
their development and further review by the EPA is completed.
Two VCS, ASTM D2879-83, Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope; and API Publication 2517, Evaporative Loss
from External Floating-Roof Tanks, Third Edition, February 1989, were
already incorporated by reference in 40 CFR 63.14 and are also being
used in this proposed rule.
The ASTM D6420-99 is currently under EPA review as an approved
alternative to Method 18. The EPA will also compare this final ASTM
standard to methods previously approved as alternatives to EPA Method
18 with specific applicability limitations. These methods, designated
as ALT-017 and CTM-028, are available through the EPA's Emission
Measurement Center internet site at www.epa.gov/ttn/emc/tmethods.html.
The final ASTM D6420-99 standard is very similar to these approved
alternative methods, which may be equally suitable for specific
applications. We plan to continue our review of the final standard and
will consider adopting the ASTM standard at a later date.
The EPA is requesting comment on the compliance demonstration
requirements being proposed in this proposed rule and specifically
invites the public to identify potentially-applicable VCS. Commenters
should also explain why this proposed rule should adopt these VCS in
lieu of the EPA's standards. Emission test methods and performance
specifications submitted for evaluation should be accompanied by a
basis for the recommendation, including method validation data and the
procedure used to validate the candidate method (if a method other than
Method 301, 40 CFR part 63, appendix A was used).
Section 63.2406 and Table 5 of the proposed subpart list the EPA
testing methods and performance standards included in the proposed
rule. Most of the standards have been used by States and industry for
more than 10 years. Nevertheless, under Sec. 63.7(f) of subpart A of 40
CFR part 63, the proposal also allows any State or source to apply to
the EPA for permission to use an alternative method in place of any of
the EPA testing methods or performance standards listed in proposed
subpart EEEE.
[[Page 15688]]
List of Subjects in 40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Reporting and recordkeeping requirements.
Dated: March 19, 2002.
Christine Todd Whitman,
Administrator.
For the reasons stated in the preamble, title 40, chapter I, part
63 of the Code of Federal Regulations is proposed to be amended as
follows:
PART 63--[AMENDED]
1. The authority citation for part 63 continues to read as follows:
Authority: 42 U.S.C. 7401, et seq.
2. Section 63.14 is amended by revising paragraphs (b)(3) and
(c)(1) to read as follows:
Sec. 63.14 Incorporation by reference.
* * * * *
(b) * * *
(3) ASTM D2879-83, Standard Test Method for Vapor Pressure-
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope, IBR approved for Sec. 63.111 of subpart G of
this part and for Sec. 63.2406 of subpart EEEE of this part.
(c) * * *
(1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition, February 1989, IBR approved for Sec. 63.111
of subpart G of this part and for Sec. 63.2406 of subpart EEEE of this
part.
* * * * *
3. Part 63 is amended by adding subpart EEEE to read as follows:
Subpart EEEE--National Emission Standards for Hazardous Air
Pollutants: Organic Liquids Distribution (non-Gasoline)
Sec.
What This Subpart Covers
63.2330 What is the purpose of this subpart?
63.2334 Am I subject to this subpart?
63.2338 What parts of my plant does this subpart cover?
63.2342 When do I have to comply with this subpart?
Emission Limitations and Work Practice Standards
63.2346 What emission limitations and work practice standards must
I meet?
General Compliance Requirements
63.2350 What are my general requirements for complying with this
subpart?
Testing and Initial Compliance Requirements
63.2354 By what date must I conduct performance tests or other
initial compliance demonstrations?
63.2358 When must I conduct subsequent performance tests?
63.2362 What performance tests, design evaluations, and
performance evaluations must I conduct?
63.2366 What are my monitoring installation, operation, and
maintenance requirements?
63.2370 How do I demonstrate initial compliance with the emission
limitations and work practice standards?
Continuous Compliance Requirements
63.2374 How do I monitor and collect data to demonstrate continuous
compliance?
63.2378 How do I demonstrate continuous compliance with the
emission limitations and work practice standards?
Notifications, Reports, and Records
63.2382 What notifications must I submit and when?
63.2386 What reports must I submit and when?
63.2390 What records must I keep?
63.2394 In what form and how long must I keep my records?
Other Requirements and Information
63.2398 What parts of the General Provisions apply to me?
63.2402 Who implements and enforces this subpart?
63.2406 What definitions apply to this subpart?
63.2407-.2429 [Reserved]
Tables to Subpart EEEE of Part 63
Table 1 to Subpart EEEE of Part 63--Organic Hazardous Air Pollutants
Table 2 to Subpart EEEE of Part 63--Emission Limits
Table 3 to Subpart EEEE of Part 63--Operating Limits
Table 4 to Subpart EEEE of Part 63--Work Practice Standards
Table 5 to Subpart EEEE of Part 63--Requirements for Performance
Tests
Table 6 to Subpart EEEE of Part 63--Initial Compliance with Emission
Limits
Table 7 to Subpart EEEE of Part 63--Initial Compliance with Work
Practice Standards
Table 8 to Subpart EEEE of Part 63--Continuous Compliance with
Emission Limits
Table 9 to Subpart EEEE of Part 63--Continuous Compliance with
Operating Limits
Table 10 to Subpart EEEE of Part 63--Continuous Compliance with Work
Practice Standards
Table 11 to Subpart EEEE of Part 63--Requirements for Reports
Table 12 to Subpart EEEE of Part 63--Applicability of General
Provisions to Subpart EEEE
What This Subpart Covers
Sec. 63.2330 What is the purpose of this subpart?
This subpart establishes national emission limitations and work
practice standards for hazardous air pollutants (HAP) emitted from
organic liquids distribution (OLD)(non-gasoline) operations. This
subpart also establishes requirements to demonstrate initial and
continuous compliance with the emission limitations and work practice
standards.
Sec. 63.2334 Am I subject to this subpart?
(a) You are subject to this subpart if you own or operate an OLD
operation that is located at or is part of a major source of hazardous
air pollutant emissions.
(b) Your OLD operation must have a total organic liquids throughput
of 27.6 million liters (7.29 million gallons) per year or more either
into or out of the operation to be subject to the control provisions of
this subpart. Organic liquids are all crude oils other than black oil,
and those liquids or liquid mixtures, except gasoline, that contain a
total of 5 percent by weight or more of the organic HAP listed in Table
1 of this subpart.
(1) An OLD operation is the combination of activities and equipment
used to transfer organic liquids into or out of a plant site or to
store organic liquids on the plant site. Gasoline, as well as any fuels
that are consumed or dispensed on the plant site directly to users
(such as fuels used for fleet refueling) are not considered organic
liquids in this subpart.
(2) A major source of HAP is a plant site that emits or has the
potential to emit any single HAP at a rate of 9.07 megagrams (10 tons)
or more per year, or any combination of HAP at a rate of 22.68
megagrams (25 tons) or more per year.
(c) This subpart covers:
(1) Organic liquids distribution operations that occupy an entire
plant site; and
(2) Organic liquids distribution operations that are collocated
with other industrial (e.g., manufacturing) operations at the same
plant site.
Sec. 63.2338 What parts of my plant does this subpart cover?
(a) This subpart applies to each new, reconstructed, or existing
OLD operation affected source.
(b)(1) The affected source is each entire OLD operation at a plant
site in any industrial category, except for those emission sources that
are controlled under the provisions of another 40 CFR
[[Page 15689]]
part 63 national emission standards for hazardous air pollutants
regulation. The main types of plant sites that either are in themselves
an OLD operation or contain a collocated OLD operation are:
(i) Liquid terminal facilities that distribute either organic
liquids that they own, or organic liquids owned by others on a for-hire
basis, or a combination of both;
(ii) Organic chemical manufacturing facilities, petroleum
refineries, and other industrial facilities that have a collocated OLD
operation; and
(iii) Crude oil pipeline pumping stations and breakout stations.
(2) The following emission sources within OLD operations constitute
the affected source: Storage tanks storing organic liquids and meeting
the tank size and liquid vapor pressure cutoffs in Table 2 of this
subpart; transfer rack loading positions at which organic liquids are
loaded into cargo tanks (tank trucks or railcars) at or above the
minimum throughput shown in Table 2 of this subpart; and equipment
(pumps, valves, etc.) in organic liquids service for at least 300 hours
per year. In addition, vapor leakage points on cargo tanks while
loading organic liquids at affected transfer racks are considered part
of the affected source.
(c) The provisions of this subpart do not apply to research and
development facilities, consistent with section 112(b)(7) of the Clean
Air Act (CAA).
(d) An affected source is a new affected source if you commenced
construction of the affected source after April 2, 2002, and you meet
the applicability criteria in Sec. 63.2334 at the time you commenced
operation.
(e) An affected source is reconstructed if you meet the criteria
for reconstruction as defined in Sec. 63.2.
(f) An affected source is existing if it is not new or
reconstructed.
Sec. 63.2342 When do I have to comply with this subpart?
(a) If you have a new or reconstructed affected source, you must
comply with this subpart according to the guidance in paragraphs (a)(1)
and (2) of this section:
(1) If you startup your affected source before [the effective date
of this subpart], you must comply with the emission limitations and
work practice standards for new and reconstructed sources in this
subpart no later than [the effective date of this subpart].
(2) If you startup your affected source after [the effective date
of this subpart], you must comply with the emission limitations and
work practice standards for new and reconstructed sources in this
subpart upon startup of your affected source.
(b) If you have an existing affected source, you must comply with
the emission limitations and work practice standards for existing
sources no later than [3 years after the effective date of the final
rule].
(c) If you have an area source that increases its emissions or its
potential to emit such that it becomes a major source of HAP, the
guidance in paragraphs (c)(1) and (2) of this section applies:
(1) Any portion of the existing facility that is a new affected
source or a new reconstructed source must be in compliance with this
subpart upon startup.
(2) All other parts of the source must be in compliance with this
subpart no later than 3 years after it becomes a major source.
(d) You must meet the notification requirements in Sec. 63.2382(a)
according to the schedule in Sec. 63.2382(b), (c), (d), and (e) and in
subpart A of this part. Some of the notifications must be submitted
before you are required to comply with the emission limitations and
work practice standards in this subpart.
Emission Limitations and Work Practice Standards
Sec. 63.2346 What emission limitations and work practice standards
must I meet?
(a) You must meet each emission limit in Table 2 of this subpart
that applies to you.
(b) You must meet each operating limit in Table 3 of this subpart
that applies to you.
(c) You must meet each work practice standard in Table 4 of this
subpart that applies to you.
(d) As provided in Sec. 63.6(g), you may request approval from the
EPA to use an alternative to the work practice standards in this
section. If you apply for permission to use an alternative to the work
practice standards in this section, you must submit the information
described in Sec. 63.6(g)(2).
General Compliance Requirements
Sec. 63.2350 What are my general requirements for complying with this
subpart?
(a) You must be in compliance with the emission limitations and
work practice standards in this subpart at all times, except during
periods of startup, shutdown, or malfunction.
(b) You must always operate and maintain your affected source,
including air pollution control and monitoring equipment, according to
the provisions in Sec. 63.6(e)(1)(i).
(c) You must develop and implement a written startup, shutdown, and
malfunction plan (SSMP) according to the provisions in Sec. 63.6(e)(3).
Testing and Initial Compliance Requirements
Sec. 63.2354 By what date must I conduct performance tests or other
initial compliance demonstrations?
(a) For existing sources, you must conduct initial performance
tests and other initial compliance demonstrations no later than the
compliance date specified in Sec. 63.2342(b).
(b) For new sources, you must conduct initial performance tests and
other initial compliance demonstrations according to the provisions in
Sec. 63.7(a)(2)(i) and (ii).
Sec. 63.2358 When must I conduct subsequent performance tests?
(a) For cargo tanks equipped with vapor collection equipment that
load organic liquids at affected transfer rack loading positions, you
must perform the vapor tightness testing required in Table 5 of this
subpart on each cargo tank that you own or operate at least once per
year.
(b) For nonflare control devices, you must conduct the performance
testing required in Table 5 of this subpart at any time the EPA
requests you to in accordance with section 114 of the CAA.
Sec. 63.2362 What performance tests, design evaluations, and
performance evaluations must I conduct?
(a) You must conduct each performance test in Table 5 of this
subpart that applies to you.
(b) You must conduct each performance test according to the
requirements in Sec. 63.7(e)(1), using the procedures specified in
Sec. 63.997(e).
(c) You must conduct three separate test runs for each performance
test on a nonflare control device, as specified in Sec. 63.7(e)(3).
Each test run must last at least 1 hour.
(d) In addition to Method 25 or 25A of 40 CFR part 60, appendix A,
to determine compliance with the organic HAP or total organic compounds
(TOC) emission limit, you may use Method 18 of 40 CFR part 60, appendix
A. If you use Method 18 to measure compliance with the percentage
efficiency limit, you must first determine which HAP are present in the
inlet gas stream (i.e., uncontrolled emissions) using knowledge of the
organic liquids or the screening procedure described in Method 18. In
conducting the performance test, you must analyze samples collected as
specified in
[[Page 15690]]
Method 18, simultaneously at the inlet and outlet of the control
device. Quantify the emissions for all HAP identified as present in the
inlet gas stream for both the inlet and outlet gas streams of the
control device.
(e) If you use Method 18 of 40 CFR part 60, appendix A, to measure
compliance with the emission concentration limit, you must first
determine which HAP are present in the inlet gas stream using knowledge
of the organic liquids or the screening procedure described in Method
18. In conducting the performance test, analyze samples collected as
specified in Method 18 at the outlet of the control device. Quantify
the control device outlet emission concentration for the same HAP
identified as present in the inlet or uncontrolled gas stream.
(f) If a principal component of the uncontrolled or inlet gas
stream to the control device is formaldehyde, you may use Method 316 of
appendix A of this part instead of Method 18 of 40 CFR part 60,
appendix A, for measuring the formaldehyde. If formaldehyde is the
predominant HAP in the inlet gas stream, you may use Method 316 alone
to measure formaldehyde either at the inlet and outlet of the control
device using the formaldehyde control efficiency as a surrogate for
total organic HAP or TOC efficiency, or at the outlet of a combustion
device for determining compliance with the emission concentration
limit.
(g) You must conduct each design evaluation of a control device
according to the requirements in Sec. 63.985(b)(1)(i).
(h) You may not conduct performance tests during periods of
startup, shutdown, or malfunction, as specified in Sec. 63.7(e)(1).
(i) You must conduct each continuous monitoring system (CMS)
performance evaluation according to the requirements in Sec. 63.8(e).
Sec. 63.2366 What are my monitoring installation, operation, and
maintenance requirements?
(a) You must install, operate, and maintain each continuous
parameter monitoring system (CPMS) according to the requirements in
Sec. 63.996. In addition, you must collect and analyze temperature,
flow, pressure, or pH data according to the requirements in paragraphs
(a)(1) through (4) of this section:
(1) To calculate a valid hourly value, you must have at least four
equally spaced data values (or at least two, if that condition is
included to allow for periodic calibration checks) for that hour from a
CMS that is not out of control according to the monitoring plan (e.g.,
one that incorporates elements of appendix F, procedure 1 of 40 CFR
part 60, appendix F).
(2) To calculate the average emissions for each averaging period,
you must have at least 75 percent of the hourly averages for that
period using only block hourly average values that are based on valid
data (i.e., not from out-of-control periods).
(3) Determine the hourly average of all recorded readings.
(4) Record the results of each inspection, calibration, and
validation check.
(b) For each temperature monitoring device, you must meet the
requirements in paragraphs (a)(1) through (4) and paragraphs (b)(1)
through (8) of this section:
(1) Locate the temperature sensor in a position that provides a
representative temperature.
(2) For a noncryogenic temperature range, use a temperature sensor
with a minimum tolerance of 2.2 degrees Celsius or 0.75 percent of the
temperature value, whichever is greater.
(3) For a cryogenic temperature range, use a temperature sensor
with a minimum tolerance of 2.2 degrees Celsius or 2 percent of the
temperature value, whichever is greater.
(4) Shield the temperature sensor system from electromagnetic
interference and chemical contaminants.
(5) If a chart recorder is used, it must have a sensitivity in the
minor division of at least 20 degrees Fahrenheit.
(6) Perform an electronic calibration at least semiannually
according to the procedures in the manufacturer's owner's manual.
Following the electronic calibration, you must conduct a temperature
sensor validation check in which a second or redundant temperature
sensor placed near the process temperature sensor must yield a reading
within 16.7 degrees Celsius of the process temperature sensor's
reading.
(7) Conduct calibration and validation checks any time the sensor
exceeds the manufacturer's specified maximum operating temperature
range, or install a new temperature sensor.
(8) At least monthly, inspect all components for integrity and all
electrical connections for continuity, oxidation, and galvanic
corrosion.
(c) For each flow measurement device, you must meet the
requirements in paragraphs (a)(1) through (4) and paragraphs (c)(1)
through (5) of this section:
(1) Locate the flow sensor and other necessary equipment such as
straightening vanes in a position that provides a representative flow.
(2) Use a flow sensor with a minimum tolerance of 2 percent of the
flow rate.
(3) Reduce swirling flow or abnormal velocity distributions due to
upstream and downstream disturbances.
(4) Conduct a flow sensor calibration check at least semiannually.
(5) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(d) For each pressure measurement device, you must meet the
requirements in paragraphs (a)(1) through (4) and paragraphs (d)(1)
through (7) of this section:
(1) Locate the pressure sensor(s) in a position that provides a
representative measurement of the pressure.
(2) Minimize or eliminate pulsating pressure, vibration, and
internal and external corrosion.
(3) Use a gauge with a minimum tolerance of 0.5 inch of water or a
transducer with a minimum tolerance of 1 percent of the pressure range.
(4) Check for pressure tap pluggage daily.
(5) Using a manometer, check gauge calibration quarterly and
transducer calibration monthly.
(6) Conduct calibration checks any time the sensor exceeds the
manufacturer's specified maximum operating pressure range, or install a
new pressure sensor.
(7) At least monthly, inspect all components for integrity, all
electrical connections for continuity, and all mechanical connections
for leakage.
(e) For each pH measurement device, you must meet the requirements
in paragraphs (a)(1) through (4) and paragraphs (e)(1) through (4) of
this section:
(1) Locate the pH sensor in a position that provides a
representative measurement of pH.
(2) Ensure that the sample is properly mixed and representative of
the fluid to be measured.
(3) Check the pH meter's calibration on at least two points every 8
hours of process operation.
(4) At least monthly, inspect all components for integrity and all
electrical connections for continuity.
Sec. 63.2370 How do I demonstrate initial compliance with the emission
limitations and work practice standards?
(a) You must demonstrate initial compliance with each emission
limit and work practice standard that applies to you according to
Tables 6 and 7 of this subpart.
(b) You must establish each site-specific operating limit in Table
3 of
[[Page 15691]]
this subpart that applies to you according to the requirements in
Sec. 63.2362 and Table 5 of this subpart.
(c) You must submit the Notification of Compliance Status
containing the results of the initial compliance demonstration
according to the requirements in Sec. 63.2382(e).
Continuous Compliance Requirements
Sec. 63.2374 How do I monitor and collect data to demonstrate
continuous compliance?
(a) You must monitor and collect data according to this section.
(b) Except for monitor malfunctions, associated repairs, and
required quality assurance or control activities (including, as
applicable, calibration checks and required zero and span adjustments),
you must monitor continuously (or collect data at all required
intervals) at all times that the affected source is operating.
(c) You may not use data recorded during monitoring malfunctions,
associated repairs, or required quality assurance or control activities
in data averages and calculations used to report emission or operating
levels, nor may such data be used in fulfilling a minimum data
availability requirement, if applicable. You must use all of the data
collected during all other periods in assessing the operation of the
control device and associated control system.
Sec. 63.2378 How do I demonstrate continuous compliance with the
emission limitations and work practice standards?
(a) You must demonstrate continuous compliance with each emission
limitation and work practice standard in Tables 2 through 4 of this
subpart that applies to you according to the methods specified in
Tables 8, 9, and 10 of this subpart.
(b) You must report each instance in which you did not meet any
emission limit or operating limit in Tables 8 and 9 of this subpart
that applies to you. This includes periods of startup, shutdown, or
malfunction. You must also report each instance in which you did not
meet the requirements in Table 10 of this subpart that apply to you.
These instances are deviations from the emission limitations and work
practice standards in this subpart. These deviations must be reported
according to the requirements in Sec. 63.2386.
(c) During periods of startup, shutdown, or malfunction, you must
operate in accordance with your SSMP.
(d) Consistent with Secs. 63.6(e) and 63.7(e)(1), deviations that
occur during a period of startup, shutdown, or malfunction are not
violations if you make an adequate demonstration that you were
operating in accordance with the SSMP. We will determine whether
deviations that occur during a period of startup, shutdown, or
malfunction are violations according to the provisions in Sec. 63.6(e).
Notifications, Reports, and Records
Sec. 63.2382 What notifications must I submit and when?
(a) You must submit all of the notifications in Secs. 63.7(b) and
(c), 63.8(e), (f)(4) and (6), and 63.9(b) through (h) that apply to
you.
(b) As specified in Sec. 63.9(b)(2), if you startup your affected
source before [the effective date of this subpart], you must submit an
Initial Notification no later than 120 calendar days after [the
effective date of this subpart].
(c) As specified in Sec. 63.9(b)(3), if you startup your new or
reconstructed affected source on or after [the effective date], you
must submit an Initial Notification no later than 120 days after
initial startup.
(d) If you are required to conduct a performance test, you must
submit a notification of intent to conduct the test at least 60
calendar days before it is scheduled to begin as required in
Sec. 63.7(b)(1).
(e) If you are required to conduct a performance test or other
initial compliance demonstration as specified in Table 5, 6, or 7 of
this subpart, you must submit a Notification of Compliance Status
according to Sec. 63.9(h)(2)(ii).
(1) For each initial compliance demonstration required in Table 5,
6, or 7 of this subpart that does not include a performance test, you
must submit the Notification of Compliance Status before the close of
business on the 30th calendar day following the completion of the
initial compliance demonstration.
(2) For each initial compliance demonstration required in Table 5,
6, or 7 of this subpart that includes a performance test conducted
according to the requirements in Table 5 of this subpart, you must
submit the Notification of Compliance Status, including the performance
test results, before the close of business on the 60th calendar day
following the completion of the performance test according to
Sec. 63.10(d)(2).
Sec. 63.2386 What reports must I submit and when?
(a) You must submit each report in Table 11 of this subpart that
applies to you.
(b) Unless the Administrator has approved a different schedule for
submission of reports under Sec. 63.10(a), you must submit each report
by the date in Table 11 of this subpart and according to the
requirements in paragraphs (b)(1) through (5) of this section:
(1) The first compliance report must cover the period beginning on
the compliance date that is specified for your affected source in
Sec. 63.2342 and ending on June 30 or December 31, whichever date is
the first date following the end of the first calendar half after the
compliance date that is specified for your source in Sec. 63.2342.
(2) The first compliance report must be postmarked no later than
July 31 or January 31, whichever date follows the end of the first
calendar half after the compliance date that is specified for your
affected source in Sec. 63.2342.
(3) Each subsequent compliance report must cover the semiannual
reporting period from January 1 through June 30 or the semiannual
reporting period from July 1 through December 31.
(4) Each subsequent compliance report must be postmarked no later
than July 31 or January 31, whichever date is the first date following
the end of the semiannual reporting period.
(5) For each affected source that is subject to permitting
regulations pursuant to 40 CFR part 70 or 71, if the permitting
authority has established dates for submitting semiannual reports
pursuant to 40 CFR 70.6(3)(iii)(A) or 71.6(3)(iii)(A), you may submit
the first and subsequent compliance reports according to the dates the
permitting authority has established instead of according to the dates
in paragraphs (b)(1) through (4) of this section.
(c) The compliance report must contain the information in
paragraphs (c)(1) through (7) of this section:
(1) Company name and address.
(2) Statement by a responsible official, including the official's
name, title, and signature, certifying that, based on information and
belief formed after reasonable inquiry, the statements and information
in the report are true, accurate, and complete.
(3) Date of report and beginning and ending dates of the reporting
period.
(4) Any changes to the information listed in paragraph (d) of this
section that have occurred since the last report.
(5) If you had a startup, shutdown, or malfunction during the
reporting period and you took actions consistent with your SSMP, the
compliance report must include the information described in
Sec. 63.10(d)(5)(i).
(6) If there are no deviations from any emission limitation
(emission limit or operating limit) that applies to you and there are
no deviations from the requirements for work practice
[[Page 15692]]
standards in Table 10 of this subpart, a statement that there were no
deviations from the emission limitations or work practice standards
during the reporting period.
(7) If there were no periods during which the CMS was out of
control as specified in Sec. 63.8(c)(7), a statement that there were no
periods during which the CMS was out of control during the reporting
period.
(d) The first compliance report must contain the information in
paragraphs (c)(1) through (7) of this section and also the information
in paragraphs (d)(1) through (5) of this section:
(1) A listing of the organic liquids stored or transferred at the
facility during the previous 6 months, including for each liquid the
information in paragraphs (d)(1)(i) through (iv) of this section:
(i) Liquid name;
(ii) Total weight percentage of the organic HAP in Table 1 of this
subpart;
(iii) Annual average true vapor pressure; and
(iv) Total throughput into and out of the facility.
(2) An inventory of all storage tanks at the facility that stored
organic liquids during the previous 6 months, including for each tank
the information in paragraphs (d)(2)(i) through (iv) of this section:
(i) Tank ID code and capacity;
(ii) Tank roof configuration, rim seal type(s), and description of
floating deck fittings, as applicable;
(iii) Name of organic liquid(s) stored in the tank; and
(iv) Control device in use for each fixed-roof tank, where
applicable.
(3) A listing of all transfer rack loading positions that
transferred organic liquids into cargo tanks during the previous 6
months, including for each loading position the information in
paragraphs (d)(3)(i) through (iii) of this section:
(i) ID code;
(ii) Organic liquids name(s) and throughput(s); and
(iii) Control device in use at each position, where applicable.
(4) A listing of all cargo tanks (tank trucks and railcars) that
loaded organic liquids at affected transfer rack loading positions
during the previous 6 months, including the type of cargo tank, owner,
ID number, and date and test method for the most recent vapor tightness
test.
(5) A listing of all equipment in organic liquids service during
the previous 6 months, including for each component the information in
paragraphs (d)(5)(i) through (iv) of this section:
(i) ID code;
(ii) Facility plan drawing showing the equipment location;
(iii) An estimate of the number of hours that the component
operated in organic liquids service during the reporting period; and
(iv) Method of compliance with the standard (e.g., ``leak detection
and repair monitoring'' or ``equipped with dual mechanical seals''), if
applicable.
(e) For each deviation from an emission limitation (emission limit
or operating limit) occurring at an affected source where you are using
a CMS to comply with an emission limitation in this subpart, you must
include the information in paragraphs (c)(1) through (4) and paragraphs
(e)(1) through (12) of this section. This includes periods of startup,
shutdown, or malfunction.
(1) The date and time that each malfunction started and stopped.
(2) The date and time that each CMS was inoperative, except for
zero (low-level) and high-level checks.
(3) The date, time, and duration that each CMS was out of control,
including the information in Sec. 63.8(c)(8).
(4) The date and time that each deviation started and stopped, and
whether each deviation occurred during a period of startup, shutdown,
or malfunction, or during another period.
(5) A summary of the total duration of the deviations during the
reporting period and the total duration as a percentage of the total
source operating time during that reporting period.
(6) A breakdown of the total duration of the deviations during the
reporting period into those that are due to startup, shutdown, control
equipment problems, process problems, other known causes, and other
unknown causes.
(7) A summary of the total duration of CMS downtime during the
reporting period and the total duration of CMS downtime as a percentage
of the total source operating time during that reporting period.
(8) An identification of each HAP that was potentially emitted
during the deviation.
(9) A brief description of the process at which the CMS deviation
occurred.
(10) A brief description of the CMS.
(11) The date of the latest CMS certification or audit.
(12) A description of any changes in CMS, processes, or controls
since the last reporting period.
(f) Each affected source that has obtained a title V operating
permit pursuant to 40 CFR part 70 or 71 must report all deviations as
defined in this subpart in the semiannual monitoring report required by
40 CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A). If an affected source
submits a compliance report pursuant to Table 11 of this subpart along
with, or as part of, the semiannual monitoring report required by 40
CFR 70.6(a)(3)(iii)(A) or 71.6(a)(3)(iii)(A), and the compliance report
includes all required information concerning deviations from any
emission limitation (including any operating limit or work practice
standard) requirement in this subpart, we will consider submission of
the compliance report as satisfying any obligation to report the same
deviations in the semiannual monitoring report. However, submission of
a compliance report will not otherwise affect any obligation the
affected source may have to report deviations from permit requirements
to the permitting authority.
Sec. 63.2390 What records must I keep?
(a) You must keep records as described in paragraphs (a)(1) through
(3) of this section:
(1) A copy of each notification and report that you submitted to
comply with this subpart, including all documentation supporting any
Initial Notification or Notification of Compliance Status that you
submitted, according to the requirements in Sec. 63.10(b)(1) and
(2)(xiv).
(2) The records in Secs. 63.6(e)(3)(iii) through (v) and
63.10(b)(2)(i)(v) related to startups, shutdowns, and malfunctions.
(3) Results of performance tests.
(b) For each CMS, you must keep records as described in paragraphs
(b)(1) and (2) of this section:
(1) Records described in Sec. 63.10(b)(2)(vi) through (xi) that
apply to your CMS.
(2) Performance evaluation plans, including previous (i.e.,
superseded) versions of the plan as required in Sec. 63.8(d)(3).
(c) You must keep the records required in Tables 8, 9, and 10 of
this subpart to show continuous compliance with each emission
limitation and work practice standard that applies to you.
Sec. 63.2394 In what form and how long must I keep my records?
(a) Your records must be in a form suitable and readily available
for expeditious inspection and review according to Sec. 63.10(b)(1).
(b) As specified in Sec. 63.10(b)(1), you must keep your files of
all information (including all reports and notifications) for at least
5 years following the date of each occurrence, measurement,
maintenance, corrective action, report, or record.
(c) You must keep each record on site for at least 2 years after
the date of each
[[Page 15693]]
occurrence, measurement, maintenance, corrective action, report, or
record, according to Sec. 63.10(b)(1). You may keep the records offsite
for the remaining 3 years.
Other Requirements and Information
Sec. 63.2398 What parts of the General Provisions apply to me?
Table 12 of this subpart shows which parts of the General
Provisions in Secs. 63.1 through 63.15 apply to you.
Sec. 63.2402 Who implements and enforces this subpart?
(a) This subpart can be implemented and enforced by the EPA or a
delegated authority such as your State, local, or tribal agency. If the
EPA Administrator has delegated authority to your State, local, or
tribal agency, then that agency, as well as the EPA, has the authority
to implement and enforce this subpart. You should contact your EPA
Regional Office (see list in Sec. 63.13) to find out if this subpart is
delegated to your State, local, or tribal agency.
(b) In delegating implementation and enforcement authority for this
subpart to a State, local, or tribal agency under subpart E of this
part, the authorities contained in paragraph (c) of this section are
retained by the Administrator of the EPA and are not delegated to the
State, local, or tribal agency.
(c) The authorities that will not be delegated to State, local, or
tribal agencies are described in paragraphs (c)(1) through (4) of this
section:
(1) Approval of alternatives to the nonopacity emission limitations
and work practice standards in Sec. 63.2346(a) through (c) under
Sec. 63.6(g).
(2) Approval of major alternatives to test methods under
Sec. 63.7(e)(2)(ii) and (f) and as defined in Sec. 63.90.
(3) Approval of major alternatives to monitoring under Sec. 63.8(f)
and as defined in Sec. 63.90.
(4) Approval of major alternatives to recordkeeping and reporting
under Sec. 63.10(f) and as defined in Sec. 63.90.
Sec. 63.2406 What definitions apply to this subpart?
Terms used in this subpart are defined in the CAA, in Sec. 63.2,
and in this section. If the same term is defined in another subpart and
in this section, it will have the meaning given in this section for
purposes of this subpart.
Annual average true vapor pressure, as used in this subpart, means
the total vapor pressure exerted by a stored or transferred organic
liquid at the temperature equal to the annual average of the local
(nearest) average monthly temperatures reported by the National Weather
Service. This temperature is the arithmetic average of the 12 monthly
average temperatures for each calendar year at each affected source and
is recalculated at the end of each year. The vapor pressure value is
determined:
(1) In accordance with methods described in American Petroleum
Institute Publication 2517, Evaporative Loss from External Floating-
Roof Tanks (incorporated by reference as specified in Sec. 63.14);
(2) Using standard reference texts;
(3) By the American Society for Testing and Materials Method D2879-
83 (incorporated by reference as specified in Sec. 63.14); or
(4) Using any other method that the EPA approves.
API gravity means the weight per unit volume of hydrocarbon liquids
as measured by a system recommended by the American Petroleum Institute
(API) and is expressed in degrees.
Black oil means hydrocarbon (petroleum) liquid with a gas-to-oil
ratio less than 0.31 cubic meters per liter (41.4 cubic feet per
gallon) and an API gravity less than 40 degrees, measured at the point
of entry to the distribution system.
Capacity means the volume of liquid that is capable of being stored
in a storage tank, determined by multiplying the tank's internal cross-
sectional area by the internal height of the shell.
Cargo tank means a tank truck or railcar into which organic liquids
are loaded at an OLD operation transfer rack.
Closed vent system means a system that is not open to the
atmosphere and is composed of piping, ductwork, connections, and, if
necessary, flow-inducing devices that transport gas or vapors from an
emission point to a control device. This system does not include the
vapor collection system that is part of some tank trucks and railcars
or the loading arm or hose that is used for vapor return. For transfer
racks, the closed vent system begins at, and includes, the first block
valve on the downstream side of the loading arm or hose used to convey
displaced vapors.
Combustion device means an individual unit of equipment, such as a
flare, incinerator, process heater, or boiler, used for the combustion
of organic emissions.
Control device, as used in this subpart, means any combustion
device, recovery device, recapture device, or any combination of these
devices used to comply with this subpart. Such equipment or devices
include, but are not limited to, absorbers, adsorbers, condensers,
incinerators, flares, boilers, and process heaters. Primary condensers,
steam strippers, or fuel gas systems are not considered control
devices.
Crude oil, as used in this subpart, means any of the naturally
occurring liquids commonly referred to as crude oil, other than black
oil, regardless of specific physical properties.
Crude oil pipeline breakout station plant site means a facility
along a pipeline containing storage tanks and equipment used to
temporarily store crude oil from the pipeline. Breakout stations may
also contain booster pumps used to move the crude oil along the
pipeline. These facilities are downstream of the point of custody
transfer.
Crude oil pipeline pumping station plant site means a facility
along a pipeline containing equipment (i.e., booster pumps, etc.) used
to sustain the movement of crude oil through the pipeline. Pumping
stations may also contain crude oil breakout storage tanks. These
facilities are downstream of the point of custody transfer.
Custody transfer means the transfer of hydrocarbon liquids, after
processing and/or treatment in the producing operations, from storage
tanks or automatic transfer facilities to pipelines or any other forms
of transportation.
Design evaluation means a procedure for evaluating control devices
that complies with the requirements in Sec. 63.985(b)(1)(i).
Deviation means any instance in which an affected source subject to
this subpart, or an owner or operator of such a source:
(1) Fails to meet any requirement or obligation established by this
subpart, including but not limited to any emission limitation
(including any operating limit) or work practice standard;
(2) Fails to meet any term or condition that is adopted to
implement an applicable requirement in this subpart, and that is
included in the operating permit for any affected source required to
obtain such a permit; or
(3) Fails to meet any emission limitation (including any operating
limit) or work practice standard in this subpart during startup,
shutdown, or malfunction, regardless of whether or not such failure is
permitted by this subpart.
Emission limitation means an emission limit, opacity limit,
operating limit, or visible emission limit.
Equipment means each pump, valve, and sampling connection system
used in organic liquids service at an OLD operation.
Gasoline means any petroleum distillate or petroleum distillate/
alcohol
[[Page 15694]]
blend having a Reid vapor pressure of 27.6 kilopascals (4.0 psia) or
greater which is used as a fuel for internal combustion engines.
Aviation gasoline is included in this definition.
Gas-to-oil ratio means the number of standard cubic meters of gas
produced per liter of crude oil or other hydrocarbon liquid.
In organic liquids service means that a piece of equipment contains
or contacts organic liquids having 5 percent by weight or greater of
the organic HAP listed in Table 1 of this subpart.
Organic liquid, as used in this subpart, means:
(1) Crude oil; or
(2) Any liquid or liquid mixture that contains a total of 5 percent
by weight or more of the organic HAP listed in Table 1 of this subpart,
as determined using Method 18 of 40 CFR part 60, appendix A, or any
other method approved by the Administrator. Any fuels consumed or
dispensed directly to users on the plant site and all gasoline are
excluded from the definition.
Organic liquids distribution (OLD) operation means the activities
and equipment used to transfer organic liquids into or out of a plant
site. It also includes storage of distributed organic liquids on the
site. The OLD operation can be those activities performed at a
dedicated distribution plant site, or it may be collocated in a plant
site at which manufacturing operations are carried out.
Permitting authority means one of the following:
(1) The State air pollution control agency, local agency, or other
agency authorized by the EPA Administrator to carry out a permit
program under part 70 of this chapter; or
(2) The EPA Administrator, in the case of EPA-implemented permit
programs under title V of the CAA (42 U.S.C. 7661) and part 71 of this
chapter.
Plant site, as used in this subpart, means all contiguous or
adjoining property that is under common control, including properties
that are separated only by a road or other public right-of-way. Common
control includes properties that are owned, leased, or operated by the
same entity, parent entity, subsidiary, or any combination.
Research and development facility means laboratory and pilot plant
operations whose primary purpose is to conduct research and development
into new processes and products, where the operations are under the
close supervision of technically trained personnel, and which are not
engaged in the manufacture of products for commercial sale, except in a
de minimis manner.
Responsible official means responsible official as defined in 40
CFR 70.2.
Shutdown means the cessation of operation of a regulated source and
equipment required or used to comply with this subpart, or the emptying
and degassing of a storage tank. Shutdown as defined in this section
includes, but is not limited to, events that result from periodic
maintenance, replacement of equipment, or repair.
Storage tank, as used in this subpart, means a stationary unit that
is constructed primarily of nonearthen materials (such as wood,
concrete, steel, or reinforced plastic) that provide structural support
and is designed to hold a bulk quantity of liquid. Storage tanks do not
include:
(1) Vessels permanently attached to conveyances such as trucks,
railcars, barges, or ships;
(2) Bottoms receiver tanks;
(3) Surge control vessels;
(4) Vessels storing wastewater; or
(5) Reactor vessels associated with a manufacturing process unit.
Transfer rack means a single system used to load organic liquids
into bulk cargo tanks mounted on or in a truck, truck trailer, or
railcar. It includes all loading arms, pumps, meters, shutoff valves,
relief valves, and other piping and equipment necessary for the
transfer operation. Transfer equipment and operations that are
physically separate (i.e., do not share common piping, valves, and
other equipment) are considered to be separate transfer racks.
Transfer rack loading position means an individual tank truck or
railcar parking spot at a transfer rack. An affected loading position
is one at which 11.8 million liters (3.12 million gallons) per year or
more of organic liquids are transferred into a combination of tank
trucks and railcars.
Vapor-tight cargo tank means a cargo tank liquid delivery tank that
has been demonstrated to be vapor-tight. To be considered vapor-tight,
a cargo tank equipped with vapor collection equipment must undergo a
pressure change of no more than 250 pascals (1 inch of water) within 5
minutes after it is pressurized to 4,500 pascals (18 inches of water).
This capability must be demonstrated annually using the procedures
specified in Method 27 of 40 CFR part 60, appendix A. For all other
cargo tanks, vapor tightness is demonstrated by performing the U.S.
Department of Transportation pressure test procedures for tank cars and
cargo tanks.
Work practice standard means any design, equipment, work practice,
or operational standard, or combination thereof, that is promulgated
pursuant to section 112(h) of the CAA.
Tables to Subpart EEEE of Part 63
Table 1 to Subpart EEEE of Part 63--Organic Hazardous Air Pollutants
[As stated in Sec. 63.2334(b), you must use the information listed in
the following table to determine if the liquids handled at your facility
contain at least 5 percent by weight of these HAP]
------------------------------------------------------------------------
Compound name CAS No.\a\
------------------------------------------------------------------------
Acetaldehyde.......................................... 75-07-0
Acetonitrile.......................................... 75-05-8
Acrolein.............................................. 107-02-8
Acrylic acid.......................................... 79-10-7
Acrylonitrile......................................... 107-13-1
Allyl chloride........................................ 107-05-1
Benzene............................................... 71-43-2
Bis (chloromethyl) ether.............................. 542-88-1
Bromoform............................................. 75-25-2
Butadiene (1,3-)...................................... 106-99-0
Carbon disulfide...................................... 75-15-0
Carbon tetrachloride.................................. 56-23-5
Chlorobenzene......................................... 108-90-7
2-Chloro-1,3-butadiene (Chloroprene).................. 126-99-8
Chloroform............................................ 67-66-3
Cumene................................................ 98-82-8
[[Page 15695]]
Dichloroethane (1,2-) (Ethylene dichloride) (EDC)..... 107-06-2
Dichloroethylether (Bis(2-chloroethyl)ether).......... 111-44-4
Dichloropropene (1,3-)................................ 542-75-6
Diethylene glycol monobutyl ether..................... 112-34-5
Diethylene glycol monomethyl ether.................... 111-77-3
Dimethylhydrazine (1,1-).............................. 57-14-7
Dioxane (1,4-) (1,4-Diethyleneoxide).................. 123-91-1
Epichlorohydrin (1-Chloro-2,3-epoxypropane)........... 106-89-8
Epoxybutane (1,2-).................................... 106-88-7
Ethyl acrylate........................................ 140-88-5
Ethylbenzene.......................................... 100-41-4
Ethyl chloride (Chloroethane)......................... 75-00-3
Ethylene dibromide (Dibromomethane)................... 106-93-4
Ethylene glycol dimethyl ether........................ 110-71-4
Ethylene glycol monomethyl ether...................... 109-86-4
Ethylene glycol monomethyl ether acetate.............. 110-49-6
Ethylene glycol monophenyl ether...................... 122-99-6
Ethylene oxide........................................ 75-21-8
Ethylidene dichloride (1,1-Dichloroethane)............ 75-34-3
Formaldehyde.......................................... 50-00-0
Hexane................................................ 110-54-3
Hydrazine............................................. 302-01-2
Methanol.............................................. 67-56-1
Methyl bromide (Bromomethane)......................... 74-83-9
Methyl chloride (Chloromethane)....................... 74-87-3
Methylene chloride (Dichloromethane).................. 75-09-2
Methyl ethyl ketone (2-Butanone) (MEK)................ 78-93-3
Methyl hydrazine...................................... 60-34-4
Methyl isobutyl ketone (Hexone) (MIBK)................ 108-10-1
Methyl isocyanate..................................... 624-83-9
Methyl methacrylate................................... 80-62-6
Methyl tert-butyl ether (MTBE)........................ 1634-04-4
Nitropropane (2-)..................................... 79-46-9
Phosgene.............................................. 75-44-5
Propionaldehyde....................................... 123-38-6
Propylene dichloride (1,2-Dichloropropane)............ 78-87-5
Propylene oxide....................................... 75-56-9
Styrene............................................... 100-42-5
Tetrachloroethane (1,1,2,2-).......................... 79-34-5
Tetrachloroethylene (Perchloroethylene)............... 127-18-4
Toluene............................................... 108-88-3
Trichloroethane (1,1,1-) (Methyl chloroform).......... 71-55-6
Trichloroethane (1,1,2-) (Vinyl trichloride).......... 79-00-5
Trichloroethylene..................................... 79-01-6
Triethylamine......................................... 121-44-8
Trimethylpentane (2,2,4-)............................. 540-84-1
Vinyl acetate......................................... 108-05-4
Vinyl chloride (Chloroethylene)....................... 75-01-4
Vinylidene chloride (1,1-Dichloroethylene)............ 75-35-4
Xylene (m-)........................................... 108-38-3
Xylene (o-)........................................... 95-47-6
Xylene (p-)........................................... 106-42-3
Xylenes (isomers and mixtures)........................ 1330-20-7
------------------------------------------------------------------------
\a\ CAS numbers refer to the Chemical Abstracts Services registry number
assigned to specific compounds, isomers, or mixtures of compounds.
[[Page 15696]]
Table 2 to Subpart EEEE of Part 63--Emission Limits
[As stated in 63.2338(b)(2) and 63.2346(a), you must comply with the emission limits for organic liquid
distribution affected sources in the following table]
----------------------------------------------------------------------------------------------------------------
If you own or operate * * * And if * * * Then you must * * *
----------------------------------------------------------------------------------------------------------------
1. A storage tank at an existing a. The annual average true i. Reduce emissions of total organic HAP
affected source with a capacity 75 cubic meters (20,000 organic liquid is 13.1 kilopascals (1.9 concentration of 20 parts per million
gallons). psia) and 76.6 kilopascals by volume, on a dry basis, corrected to
(11.1 psia). 3% oxygen) by venting emissions through
a closed vent system to any combination
of control devices meeting the
requirements of subpart SS of this
part, as specified in Secs.
63.982(a)(1) and (f), 63.983, 63.984,
63.985, 63.987, 63.988, 63.990, and
63.995; or
ii. Comply with the work practice
standards specified in Table 4, item 1
of this subpart.
2. A storage tank at an existing The annual average true vapor Same as item 1 of Table 2 of this
affected source with a capacity 151 cubic meters (40,000 organic liquid is 5.2 kilopascals (0.75
psia).
3. A storage tank at a new affected The annual average true vapor Same as item 1 of Table 2 of this
source with a capacity 38 pressure of the stored subpart.
cubic meters (10,000 gallons) and 151 organic liquid is 13.1 kilopascals (1.9
psia) and 76.6 kilopascals
(11.1 psia).
4. A storage tank at a new affected The annual average true vapor Same as item 1 of Table 2 of this
source with a capacity 151 pressure of the stored subpart.
cubic meters (40,000 gallons). organic liquid is 0.7 kilopascals (0.1 psia).
5. A transfer rack.................... a. The transfer rack loads at i. Reduce emissions of total organic HAP
any loading position 11.8 million liters (3.12 position by 95 weight-percent (or, for
million gallons) per year of combustion devices, to an exhaust
organic liquids into a concentration less than or equal to 20
combination of tank trucks parts per million by volume, on a dry
and railcars. basis, corrected to 3% oxygen) by
venting emissions through a closed vent
system to any combination of control
devices meeting the requirements of
subpart SS of this part, as specified
in Secs. 63.982(a)(3)(ii) and (f),
63.983, 63.984, 63.987, 63.988, 63.990,
63.995, and 63.997; and
ii. Comply with the work practice
standards specified in Table 4, item 2
of this subpart.
----------------------------------------------------------------------------------------------------------------
Table 3 to Subpart EEEE of Part 63--Operating Limits
[As stated in 63.2346(b) and 63.2370(b), you must comply with the
operating limits for organic liquid distribution affected sources in the
following table]
------------------------------------------------------------------------
For * * * You must * * *
------------------------------------------------------------------------
1. Each existing and each new Maintain the hourly average firebox
affected source using a thermal temperature greater than or equal
oxidizer to comply with an to the reference temperature
emission limit in Table 2 of this established during the design
subpart. evaluation or performance test.
2. Each existing and each new a. Replace the existing catalyst bed
affected source using a catalytic with a bed that meets the
oxidizer to comply with an replacement specifications
emission limit in Table 2 of this established during the design
subpart. evaluation or performance test
before the age of the bed exceeds
the maximum allowable age
established during the design
evaluation or performance test; and
b. Maintain the hourly average
temperature at the inlet of the
catalyst bed greater than or equal
to the reference temperature
established during the design
evaluation or performance test; and
c. Maintain the hourly average
temperature difference across the
catalyst bed greater than or equal
to the minimum temperature
difference established during the
design evaluation or performance
test.
3. Each existing and each new Maintain the hourly average
affected source using a condenser condenser exit temperature less
to comply with an emission limit than or equal to the reference
in Table 2 of this subpart. temperature established during the
design evaluation or performance
test.
4. Each existing and each new a. Replace the existing adsorbent in
affected source using an each segment of the bed with an
adsorption system with adsorbent adsorbent that meets the
regeneration to comply with an replacement specifications
emission limit in Table 2 of this established during the design
subpart. evaluation or performance test
before the age of the adsorbent
exceeds the maximum allowable age
established during the design
evaluation or performance test; and
b. Maintain the frequency of
regeneration greater than or equal
to the reference frequency
established during the design
evaluation or performance test; and
c. Maintain the total regeneration
stream mass flow during the
adsorption bed regeneration cycle
greater than or equal to the
reference stream mass flow
established during the design
evaluation or performance test; and
d. Maintain the temperature of the
adsorption bed during regeneration
(except during the cooling cycle)
greater than or equal to the
reference temperature established
during the design evaluation or
performance test; and
[[Page 15697]]
e. Maintain the temperature of the
adsorption bed after regeneration
(and within 15 minutes after
completing any cooling cycle) less
than or equal to the reference
temperature established during the
design evaluation or performance
test.
5. Each existing and each new a. Replace the existing adsorbent in
affected source using an each segment of the bed with an
adsorption system without adsorbent that meets the
adsorbent regeneration to comply replacement specifications
with an emission limit in Table 2 established during the design
of this subpart. evaluation or performance test
before the age of the adsorbent
exceeds the maximum allowable age
established during the design
evaluation or performance test; and
b. Maintain the temperature of the
adsorption bed less than or equal
to the reference temperature
established during the design
evaluation or performance test.
6. Each existing and each new a. Comply with the equipment and
affected source using a flare to operating requirements in Sec.
comply with an emission limit in 63.987(a); and
Table 2 of this subpart. b. Conduct an initial flare
compliance assessment in accordance
with Sec. 63.987(b); and
c. Install and operate monitoring
equipment as specified in Sec.
63.987(c).
------------------------------------------------------------------------
Table 4 to Subpart EEEE of Part 63--Work Practice Standards
[As stated in Sec. 63.2346(c), you must comply with the work practice
standards for organic liquid distribution affected sources in the
following table]
------------------------------------------------------------------------
For each * * * You must * * *
------------------------------------------------------------------------
1. Storage tank at an existing or As an alternative to the emission
new affected source meeting any limit in Table 2 of this subpart,
set of capacity and vapor comply with the requirements of
pressure limits specified in subpart WW (control level 2) of
Table 2, items 1-4 of this this part.
subpart.
2. Transfer rack affected loading a. For cargo tanks equipped with
position at an existing or new vapor collection equipment, ensure
affected source that meets the that organic liquids are loaded
throughput cutoff specified in only into cargo tanks that have
Table 2, item 5 of this subpart. been demonstrated, using EPA Method
27, 40 CFR part 60, appendix A
within the last 12 months, to be
vapor-tight (i.e., will undergo a
pressure change of not more than
250 pascals (1 inch of water)
within 5 minutes after being
pressurized to 4,500 pascals (18
inches of water)). Follow the steps
outlined in 40 CFR 60.502(e) for
these equipped cargo tanks. The
required vapor tightness
documentation is described in 40
CFR 60.505(b); and
b. For cargo tanks without vapor
collection equipment, ensure that
organic liquids are loaded only
into cargo tanks that have a
current certification in accordance
with the U.S. DOT pressure test
requirements; and
c. Comply with the provisions in 40
CFR 60.502(d), (f), (g), (h), and
(i) for the equipped cargo tanks
described in item 2.a in Table 4 of
this subpart.
3. Piece of equipment, as defined Comply with the requirement of
under 63.2406, of this subpart, subpart TT (control level 1) or
that operates in organic liquids subpart UU (control level 2) of
service 300 hours per this part.
year.
------------------------------------------------------------------------
Table 5 to Subpart EEEE of Part 63--Requirements for Performance Tests
[As stated in 63.2358 and 63.2362(a), you must comply with the requirements for performance tests for existing
or new affected sources in the following table]
----------------------------------------------------------------------------------------------------------------
You must conduct a According to the
For * * * performance test * Using * * * To determine * * * following
* * requirements * * *
----------------------------------------------------------------------------------------------------------------
1. Each existing and each new a. To determine i. Method 1 or 1A (1) Sampling port (A) Sampling sites
affected source using a the organic HAP in appendix A of locations and the must be located
nonflare control device to or TOC control 40 CFR part 60, required number at the inlet and
comply with an emission limit efficiency of as appropriate. of traverse outlet of each
in Table 2 of this subpart. each nonflare points. control device
control device, and prior to any
or the exhaust releases to the
concentration of atmosphere; and
each combustion (B) Sampling sites
device. must be located
at the outlet of
each control
device and prior
to any releases
to the
atmosphere.
ii. Method 2, 2A, Stack gas velocity See the
2C, 2D, 2F, or 2G and volumetric requirement in
in appendix A of flow rate.. item 1.a.i.(1)(A)
40 CFR part 60, and (B) of this
as appropriate. table.
iii. Method 3 or Concentration of See the
3B in appendix A CO2 and O2 and requirement in
of 40 CFR part dry molecular item 1.a.i.(1)(A)
60, as weight of the and (B) of this
appropriate. stack gas. table.
iv. Method 4 in Moisture content See the
appendix A of 40 of the stack gas. requirement in
CFR part 60. item 1.a.i.(1)(A)
and (B) of this
table.
[[Page 15698]]
v. Method 18, 25, (1) Total organic (A) The organic
or 25A in HAP or TOC, or HAP used for the
appendix A of 40 formaldehyde calibration gas
CFR part 60, as emissions. for Method 25A
appropriate, or must be the
Method 316 in single organic
appendix A of 40 HAP representing
CFR part 63 for the largest
measuring percent by volume
formaldehyde. of emissions; and
(B) during the
performance test
or a design
evaluation, you
must establish
the operating
parameter limits
within which
total organic HAP
or TOC emissions
are reduced by at
least 95 weight-
percent or to 20
ppmv exhaust
concentration
2. Each cargo tank that you own To determine the Method 27 in Vapor tightness... The pressure
that loads at an existing or vapor tightness appendix A of 40 change in the
new affected transfer rack of the tank and CFR part 60. tank must be no
loading position and equipped repair as needed more than 250
with vapor collection equipment. until it passes pascals (1 inch
the test. of water) in 5
minutes after it
is pressurized to
4,500 pascals (18
inches of water).
----------------------------------------------------------------------------------------------------------------
Table 6 to Subpart EEEE of Part 63--Initial Compliance With Emission Limits
[As stated in 63.2370(a) and 63.2382(e), you must show initial compliance with the emission limits for existing
or new affected sources according to the following table]
----------------------------------------------------------------------------------------------------------------
You have demonstrated
For each * * * For the following initial compliance if * By * * *
emission limit * * * * *
----------------------------------------------------------------------------------------------------------------
1. Storage tank at an existing a. Reduce total organic i. Total organic HAP or 3 years after
affected source meeting either set HAP or TOC emissions TOC emissions, based [publication date of
of capacity and vapor pressure by at least 95 weight- on the results of the final rule in the FR].
limits specified in Table 2, items 1 percent, or to an performance testing
and 2 of this subpart. exhaust concentration specified in Table 5
of 20 ppmv. of this subpart, are
reduced by at least 95
weight-percent or to
an exhaust
concentration of 20 ppmv.
2. Storage tank at a new affected See the emission limit See the compliance The initial startup
source meeting either set of in item 1.a. of this demonstration in item date for the affected
capacity and vapor pressure limits table. 1.a.i. of this table. source.
specified in Table 2, items 3 and 4
of this subpart.
3. Transfer rack loading position at See the emission limit See the compliance 3 years after
an existing affected source meeting in item 1.a.i.(1)(A) demonstration in item [publication date of
the throughput level for organic and (B) of this table. 1.a.i.(1)(A) and (B) final rule in the FR].
liquids specified in Table 2, item 5 of this table.
of this subpart.
4. Transfer rack loading position at See the emission limit See the compliance The initial startup
a new affected source meeting the in item 1.a.i.(1)(A) demonstration item date for the affected
throughput level for organic liquids and (B) of this table. 1.a.i.(1)(A) and (B) source.
specified in Table 2, item 5 of this of this table.
subpart.
----------------------------------------------------------------------------------------------------------------
[[Page 15699]]
Table 7 to Subpart EEEE of Part 63--Initial Compliance With Work Practice Standards
[As stated in 63.2370(a) and 63.2382(e), you must show initial compliance with the work practice standards for
existing or new affected sources according to the following table]
----------------------------------------------------------------------------------------------------------------
You have demonstrated
For each * * * For the following initial compliance if * By * * *
standard * * * * *
----------------------------------------------------------------------------------------------------------------
1. Storage tank at an existing Install a floating roof You visually inspect 3 years after
affected source meeting either set or equivalent control each internal floating [publication date of
of capacity and vapor pressure that meets the roof before the final rule in the FR].
specified in Table 2, items 1 and 2 requirements in Table initial filling of the
of this subpart. 4, item 1 of this storage tank, and
subpart. perform seal gap
inspections of the
primary and secondary
rim seals of each
external floating roof
within 90 days after
the initial filling of
the storage tank.
2. Storage tank at a new affected See the standard in See the compliance The initial startup
source meeting either set of item 1. of this table. demonstration in item date for the affected
capacity and vapor pressure limits 1. of this table. source.
specified in Table 2, items 3 and 4
of this subpart.
3. Transfer rack loading position at Load organic liquids You take steps to 3 years after
an existing affected source that only into cargo tanks ensure that only vapor- [publication date of
meets the throughput cutoff in Table having current vapor tight cargo tanks load final rule in the FR].
2, item 5 of this subpart. tightness at affected loading
certification as positions.
described in Table 4,
item 2 of this subpart.
4. Transfer rack loading position at See the standard in See the compliance The initial startup
a new affected source that meets the item 3. of this table. demonstration in item date for the affected
throughput cutoff in Table 2, item 5 3. of this table. source.
of this subpart.
5. Piece of equipment at an existing Carry out a leak You make available 3 years after
affected source, as defined under detection and repair written specifications [publication date of
Sec. 63.2410 that operates in program or equivalent for the leak detection final rule in the FR].
organic liquids service control according to and repair program or
300 hours per year. one of the subparts equivalent control
listed in Table 4, approach.
item 3 of this subpart.
6. Piece of equipment at a new See the standard in See the compliance The initial startup
affected source, as defined under item 5. of this table. demonstration in item date for the affected
Sec. 63.2410 that operates in 5. of this table. source.
organic liquids service
300 hours per year.
----------------------------------------------------------------------------------------------------------------
Table 8 to Subpart EEEE of Part 63--Continuous Compliance With Emission
Limits
[As stated in 63.2378(a) and (b) and 63.2390(c), you must show
continuous compliance with the emission limits for existing or new
affected sources according to the following table]
------------------------------------------------------------------------
You must demonstrate
For * * * For the following continuous
emission limit * * * compliance by * * *
------------------------------------------------------------------------
1. Each storage tank at an a. Reduction of i. Performing CMS
existing or new affected total organic HAP monitoring and
source meeting any set of or TOC emissions collecting data
capacity and vapor pressure from the closed according to Secs.
limits specified in Table vent system and 63.2366, 63.2374,
2, items 1 through 4 of control device must and 63.2378; and
this subpart. be 95 weight- ii. Maintaining the
percent or greater, site-specific
or 20 ppmv of operating limits
organic HAP or TOC within the ranges
in the exhaust of established during
combustion devices. the design
evaluation or
performance test.
2. Each transfer rack See the emission See the compliance
loading position at an limit in item 1.a. demonstration in
existing or new affected of this table. item 1.a.i. and ii.
source meeting the of this table.
throughput cutoff for
organic liquids specified
in Table 2, item 5 of this
subpart.
------------------------------------------------------------------------
Table 9 to Subpart EEEE of Part 63--Continuous Compliance With Operating
Limits
[As stated in 63.2378(a) and (b) and 63.2390(c), you must show
continuous compliance with the operating limits for existing or new
affected sources according to the following table]
------------------------------------------------------------------------
You must demonstrate
For each existing and each For the following continuous
new * * * operating limit * * compliance by * * *
----------------------------------------*-------------------------------
1. Affected source using a a. Maintain the i. Continuously
thermal oxidizer to comply hourly average monitoring and
with an emission limit in firebox temperature recording firebox
Table 2 of this subpart. greater than or temperature every
equal to the 15 minutes and
reference maintaining the
temperature hourly average
established during firebox temperature
the design greater than or
evaluation or equal to the
performance test. reference
temperature
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
[[Page 15700]]
2. Affected source using a a. Replace the i. Replacing the
catalytic oxidizer to existing catalyst existing catalyst
comply with an emission bed with a catalyst bed with a catalyst
limit in Table 2 of this bed that meets the bed that meets the
subpart. replacement replacement
specifications specifications
established during established during
the design the design
evaluation or evaluation or
performance test performance test
before the age of before the age of
the bed exceeds the the bed exceeds the
maximum allowable maximum allowable
age established age established
during the design during the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
b. Maintain the i. Continuously
hourly average monitoring and
temperature at the recording the
inlet of the temperature at the
catalyst bed inlet of the
greater than or catalyst bed at
equal to the least every 15
reference minutes and
temperature maintaining the
established during hourly average
the design temperature at the
evaluation or inlet of the
performance test. catalyst bed
greater than or
equal to the
reference
temperature
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
c. Maintain the i. Continuously
hourly average monitoring and
temperature recording the
difference across temperature at the
the catalyst bed outlet of the
greater than or catalyst bed every
equal to the 15 minutes and
minimum temperature maintaining the
difference hourly average
established during temperature
the design difference across
evaluation or the catalyst bed
performance test. greater than or
equal to the
minimum temperature
difference
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
3. Affected source using a a. Maintain the i. Continuously
condenser to comply with an hourly average monitoring and
emission limit in Table 2 condenser exit recording the
of this subpart. temperature less temperature at the
than or equal to exit of the
the reference condenser at least
temperature every 15 minutes
established during and maintaining the
the design hourly average
evaluation or condenser exit
performance test. temperature less
than or equal to
the reference
temperature
established during
the design
evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
4. Affected source using an a. Replace the i. Replacing the
adsorption system with existing adsorbent existing adsorbent
adsorbent regeneration to in each segment of in each segment of
comply with an emission the bed with an the bed with an
limit in Table 2 of this adsorbent that adsorbent that
subpart. meets the meets the
replacement replacement
specifications specifications
established during established during
the design the design
evaluation or evaluation or
performance test performance test
before the age of before the age of
the adsorbent the adsorbent
exceeds the maximum exceeds the maximum
allowable age allowable age
established during established during
the design the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
b. Maintain the i. Maintaining the
frequency of frequency of
regeneration regeneration
greater than or greater than or
equal to the equal to the
reference frequency reference frequency
established during established during
the design the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
c. Maintain the i. Maintaining the
regeneration stream total regeneration
mass flow during stream mass flow
the adsorption bed during the
regeneration cycle adsorption bed
greater than or regeneration cycle
equal to the greater than or
reference stream equal to the
mass flow reference stream
established during mass flow
the design established during
evaluation or the design
performance test. evaluation or
performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
[[Page 15701]]
d. Maintain the i. Maintaining the
temperature of the temperature of the
adsorption bed adsorption bed
during regeneration during regeneration
(except during the (except during the
cooling cycle) cooling cycle)
greater than or greater than or
equal to the equal to the
reference reference
temperature temperature
established during established during
the design the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
e. maintain the i. Maintaining the
temperature of the temperature of the
adsorption bed adsorption bed
after regeneration after regeneration
(and within 15 (and within 15
minutes after minutes after
completing any completing any
cooling cycle) less cooling cycle) less
than or equal to than or equal to
the reference the reference
temperature temperature
established during established during
the design the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
5. Affected source using an a. Replace the i. Replacing the
adsorption system without existing adsorbent existing adsorbent
adsorbent regeneration to in each segment of in each segment of
comply with an emission the bed with an the bed with an
limit in Table 2 of this adsorbent that adsorbent that
subpart. meets the meets the
replacement replacement
specifications specifications
established during established during
the design the design
evaluation or evaluation or
performance test performance test
before the age of before the age of
the adsorbent the adsorbent
exceeds the maximum exceeds the maximum
allowable age allowable age
established during established during
the design the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
b. Maintain the i. Maintaining the
temperature of the temperature of the
adsorption bed less adsorption bed less
than or equal to than or equal to
the reference the reference
temperature temperature
established during established during
the design the design
evaluation or evaluation or
performance test. performance test;
and
ii. Keeping the
applicable records
required in Sec.
63.998.
6. Affected source using a a. Maintain a pilot i. Continuously
flare to comply with an flame present in operating a device
emission limit in Table 2 the flare at all that detects the
of this subpart. times that vapors presence of the
are not being pilot flame; and
vented to the flare ii. Keeping the
(Sec. 63.11(b)(5)) applicable records
. required in Sec.
63.998.
b. Maintain a flare i. Maintaining a
flame at all times flare flame at all
that vapors are times that vapors
being vented from are being vented
the emission source from the emission
(Sec. 63.11(b)(5)). source; and
ii. Keeping the
applicable records
required in Sec.
63.998.
c. Operate the flare i. Operating the
with no visible flare with no
emissions, except visible emissions
for up to 5 minutes exceeding the
in any 2 amount allowed; and
consecutive hours ii. Keeping the
(Sec. 63.11(b)(4)) applicable records
. required in Sec.
63.998.
d. Operate the flare i. Operating the
with an exit flare within the
velocity that is applicable exit
within the velocity limits;
applicable limits and
in Sec. ii. Keeping the
63.11(b)(6), (7), applicable records
and (8). required in Sec.
63.998.
e. Operate the flare i. Operating the
with a net heating flare with the gas
value of the gas net heating value
being combusted within the
greater than the applicable limit;
applicable minimum and
value in Sec. ii. Keeping the
63.11(b)(6)(ii). applicable records
required in Sec.
63.998.
------------------------------------------------------------------------
[[Page 15702]]
Table 10 to Subpart EEEE of Part 63--Continuous Compliance With Work
Practice Standards
[As stated in 63.2378(a) and (b) and 63.2386(c)(6), you must show
continuous compliance with the work practice standards for existing or
new affected sources according to the following table]
------------------------------------------------------------------------
You must demonstrate
For* * * For the following continuous
standard* * * compliance by* * *
------------------------------------------------------------------------
1. Each internal floating a. Install a i. Visually
roof (IFR) storage tank at floating roof inspecting the
an existing or new affected designed and floating roof deck,
source meeting any set of operated according deck fittings, and
capacity and vapor pressure to the applicable rim seals of each
limits specified in Table specifications in IFR: once per year,
2, items 1 through 4 of Sec. 63.1063(a) and each time the
this subpart. and (b). storage tank is
completely emptied
and degassed, or
every 10 years,
whichever occurs
first (Sec.
63.1063(c)(1), (d),
and (e)); and
ii. Keeping the tank
records required in
Sec. 63.1065.
2. Each external floating a. See the standard i. Visually
roof (EFR) storage tank at in item 1.a. of inspecting the
an existing or new affected this table. floating roof deck,
source meeting any set of deck fittings, and
capacity and vapor pressure rim seals of each
limits specified in Table EFR each time the
2, items 1 through 4 of storage tank is
this subpart. completely emptied
and degassed, or
every 10 years,
whichever occurs
first (Sec.
63.1063(c)(2), (d),
and (e)); and
ii. Performing seal
gap measurements on
the secondary seal
of each EFR at
least once every
year, and on the
primary seal of
each EFR at least
every 5 years (Sec.
63.1063(c)(2),
(d), and (e)); and
iii. Keeping the
tank records
required in Sec.
63.1065.
3. Each IFR or EFR tank at a. Repair the i. Repairing
an existing or new affected conditions causing conditions causing
source meeting any set of storage tank inspection
capacity and vapor pressure inspection failures failures: before
limits specified in Table (Sec. 63.1063(e)). refilling the
2, items 1 through 4 of storage tank with
this subpart. liquid, or within
45 days (or up to
105 days with
extensions) for a
tank containing
liquid; and
ii. keeping the tank
records required in
Sec. 63.1065(b).
------------------------------------------------------------------------
Table 11 to Subpart EEEE of Part 63--Requirements for Reports
[As stated in Sec. 63.2386(b) and (f), you must submit a compliance or
startup, shutdown, and malfunction report according to the following
table]
------------------------------------------------------------------------
The report must You must submit the
You must submit a (n) * * * contain * * * report * * *
------------------------------------------------------------------------
1. Compliance report........ a. A statement that i. Semiannually, and
there were no report. it must be
deviations from the postmarked within
standards during 30 days after the
the reporting end of each
period; or if you calendar half (Sec.
have a deviation 63.10(e)(3)(v)).
from any standard
during the
reporting period,
the report must
contain the
information in Sec.
63.2386(e).
b. If you had a See the submission
startup, shutdown, in item 1.a.i. of
or malfunction this table.
during the
reporting period
and you took
actions consistent
with your SSMP, the
compliance report
must include the
information in Sec.
63.10(d)(5)(i).
2. Immediate startup, a. Actions taken for By fax or telephone
shutdown, and malfunction the event. within 2 working
report if you had a days after starting
startup, shutdown, or actions
malfunction during the inconsistent with
reporting period that is the plan.
not consistent with your
SSMP.
b. The information By letter within 7
in Sec. working days after
63.10(d)(5)(ii). the end of the
event unless you
have made
alternative
arrangements with
the permitting
authority (Sec.
63.10(d)(5)(ii)).
------------------------------------------------------------------------
Table 12 to Subpart EEEE of Part 63--Applicability of General Provisions to Subpart EEEE
[As stated in Sec. 63.2398, you must comply with the applicable General Provisions requirements according to the following table]:
--------------------------------------------------------------------------------------------------------------------------------------------------------
Citation Subject Brief description Applies to subpart EEEE
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sec. 63.1....................... Applicability.................................... Initial applicability Yes.
determination;
Applicability after
standard established;
Permit requirements;
Extensions, Notifications.
Sec. 63.2....................... Definitions...................................... Definitions for part 63 Yes
standards.
Sec. 63.3....................... Units and Abbreviations.......................... Units and abbreviations for Yes.
part 63 standards.
Sec. 63.4....................... Prohibited Activities and Circumvention.......... Prohibited activities; Yes.
Circumvention, Severability.
[[Page 15703]]
Sec. 63.5....................... Construction/Reconstruction...................... Applicability; Applications; Yes.
Approvals.
Sec. 63.6(a).................... Compliance with Standards/O&M-Applicability...... GP apply unless compliance Yes.
extension; GP apply to area
sources that become major.
Sec. 63.6(b).................... Compliance Dates for New and Reconstructed Standards apply at effective Yes.
Sources. date; 3 years after
effective date; upon
startup; 10 years after
construction or
reconstruction commences
for section 112(f).
Sec. 63.6(b)(5)................. Notification..................................... Must notify if commenced Yes.
construction or
reconstruction after
proposal.
Sec. 63.6(b)(6)................. [Reserved].......................................
Sec. 63.6(b).................... Compliance Dates for New and Reconstructed Area Area sources that become Yes.
Sources that Become Major. major must comply with
major source standards
immediately upon becoming
major, regardless of
whether required to comply
when they were an area
source.
Sec. 63.6(c)(1)-(2)............. Compliance Dates for Existing Sources............ Comply according to date in Yes.
subpart, which must be no
later than 3 years after
effective date; for section
112(f) standards, comply
within 90 days of effective
date unless compliance
extension.
Sec. 63.6(c)(3)-(4)............. [Reserved]
Sec. 63.6(c)(5)................. Compliance Dates for Existing Area Sources that Area sources that become Yes.
Become Major. major must comply with
major source standards by
date indicated in subpart
or by equivalent time
period (e.g., 3 years).
Sec. 63.6(d).................... [Reserved]
Sec. 63.6(e)(1)-(2)............. Operation & Maintenance.......................... Operate to minimize Yes.
emissions at all times;
correct malfunctions as
soon as practicable; and
operation and maintenance
requirements independently
enforceable; information
Administrator will use to
determine if operation and
maintenance requirements
were met.
Sec. 63.6(e)(3)................. Startup, Shutdown, and Malfunction (SSM) Plan.... Requirement for SSM plan; Yes.
content of SSM plan.
Sec. 63.6(f)(1)................. Compliance except During SSM..................... You must comply with Yes.
emission standards at all
times except during SSM.
Sec. 63.6(f)(2)-(3)............. Methods for Determining Compliance............... Compliance based on Yes
performance test, operation
and maintenance plans,
records, inspection.
Sec. 63.6(g)(1)-(3)............. Alternative Standard............................. Procedures for getting an Yes.
alternative standard.
Sec. 63.6(h).................... Opacity/Visible Emission (VE) Standards.......... Requirements for opacity and No. The subpart does not have
visible emission standards. opacity/VE standards.
Sec. 63.6(h)(1)................. Compliance with opacity/VE Standards............. You must comply with opacity/ No.
VE standards at all times
except during SSM.
Sec. 63.6(h)(2)(i).............. Determining Compliance with Opacity/VE Standards. If standard does not state No.
test method, use Method 9
for opacity and Method 22
for VE.
Sec. 63.6(h)(2)(ii)............. [Reserved]
Sec. 63.6(h)(2)(iii)............ Using Previous Tests to Demonstrate Compliance Criteria for when previous No.
with Opacity/VE Standards. opacity/VE testing can be
used to show compliance
with this subpart.
Sec. 63.6(h)(3)................. [Reserved]
Sec. 63.6(h)(4)................. Notification of Opacity/VE Observation Date...... Must notify Administrator of No.
anticipated date of
observation.
Sec. 63.6(h)(5)(i), (iii)-(v)... Conducting Opacity/VE Observations............... Dates and schedule for No.
conducting opacity/VE
observations.
Sec. 63.6(h)(5)(ii)............. Opacity Test Duration and Averaging Times........ Must have at least 3 hours No.
of observation with thirty
6-minute averages.
Sec. 63.6(h)(6)................. Records of Conditions During Opacity/VE Must keep records available No.
Observations. and allow Administration to
inspect.
Sec. 63.6(h)(7)(i).............. Report COMS Monitoring Data from Performance Test Must submit COMS data with No.
other performance test data.
Sec. 63.6(h)(7)(ii)............. Using COMS instead of Method 9................... Can submit COMS data instead No.
of Method 9 results even if
rule requires Method 9, but
must notify Administrator
before performance test.
Sec. 63.6(h)(7)(iii)............ Averaging Time for COMS during Performance Test.. To determine compliance, No.
must reduce COMS data to 6-
minute averages.
Sec. 63.6(h)(7)(iv)............. COMS Requirements................................ Owner/operator must No.
demonstrate that COMS
performance evaluations are
conducted according to Sec.
63.8(e); COMS are properly
maintained and operated
according to Sec. 63.8(c)
and data quality as Sec.
63.8(d).
[[Page 15704]]
Sec. 63.6(h)(7)(v).............. Determining Compliance with Opacity/VE Standards. COMS is probable but not No.
conclusive evidence of
compliance with opacity
standard, even if Method 9
observation shows
otherwise. Requirements for
COMS to be probable
evidence-proper
maintenance, meeting PS 1,
and data have not been
altered.
Sec. 63.6(h)(8)................. Determining Compliance with Opacity/VE Standards. Administrator will use all Yes.
COMS, Method 9, and Method
22 results, as well as
information about operation
and maintenance to
determine compliance.
Sec. 63.6(h)(9)................. Adjusted Opacity Standard........................ Procedures for Administrator Yes.
to adjust an opacity
standard.
Sec. 63.6(i)(1)-(14)............ Compliance Extension............................. Procedures and criteria for Yes.
Administrator to grant
compliance extension.
Sec. 63.6(j).................... Presidential Compliance Exemption................ President may exempt any Yes.
source from requirement to
comply with subpart.
Sec. 63.7(a)(1)-(2)............. Performance Test Dates........................... Dates for conducting initial No. These dates are contained in
performance testing and Sec. 63.2354.
other dates are compliance
demonstrations; must
contained in conduct 180
days after first subject to
subpart.
Sec. 63.7(a)(3)................. Section 114 Authority............................ Administrator may require a Yes.
performance test under CAA
section 114 at any time.
Sec. 63.7(b)(1)................. Notification of Performance Test................. Must notify Administrator 60 Yes.
days before the test.
Sec. 63.7(b)(2)................. Notification of Rescheduling..................... If have to reschedule Yes.
performance test, must
notify Administrator of
rescheduled date 5 days
before scheduled date.
Sec. 63.7(c).................... Quality Assurance/Test Plan...................... Requirement to submit site- Yes.
specific 60 days before the
test or on date
Administrator agrees with;
test plan approval
procedures; performance
audit requirements;
internal and external QA
procedures for testing.
Sec. 63.7(d).................... Testing Facilities............................... Requirements for testing Yes.
facilities.
Sec. 63.7(e)(1)................. Conditions for Conducting Performance Tests...... Performance test must be Yes.
conducted under
representative conditions;
cannot conduct performance
tests during SSM; not a
violation to exceed
standard during SSM.
Sec. 63.7(e)(2)................. Conditions for Conducting Performance Tests...... Must conduct according to Yes.
subpart and EPA test
methods unless
Administrator approves
alternative.
Sec. 63.7(e)(3)................. Test Run Duration................................ Must have three test runs of Yes.
at least one hour each;
compliance is based on
arithmetic mean of three
runs; conditions when data
from an additional test run
can be used.
Sec. 63.7(f).................... Alternative Test Method.......................... Procedures by which Yes.
Administrator can grant
approval to use an
alternative test method.
Sec. 63.7(g).................... Performance Test Data Analysis................... Must include raw data in Yes
performance test report;
must submit performance
test data 60 days after end
of test with the
notification of compliance
status; keep data for 5
years.
Sec. 63.7(h).................... Waiver of Tests.................................. Procedures for Administrator Yes.
to waive performance test.
Sec. 63.8(a)(1)................. Applicability of Monitoring Requirements......... Subject to all monitoring Yes.
requirements in standard.
Sec. 63.8(a)(2)................. Performance Specifications....................... Performance Specifications Yes.
in appendix B of 40 CFR
part 60 apply.
Sec. 63.8(a)(3)................. [Reserved]
Sec. 63.8(a)(4)................. Monitoring with Flares........................... Unless this subpart says Yes.
otherwise, the requirements
for flares in Sec. 63.11
apply.
Sec. 63.8(b)(1)................. Monitoring....................................... Must conduct monitoring Yes.
according to standard
unless Administrator
approves alternative.
Sec. 63.8(b)(2)-(3)............. Multiple Effluents and Multiple Monitoring Specific requirements for Yes.
Systems. installing monitoring
systems; must install on
each effluent before it is
combined and before it is
released to the atmosphere
unless Administrator
approves otherwise; if more
than one monitoring system
on an emission point, must
report all monitoring
system results, unless one
monitoring system is a
backup.
Sec. 63.8(c)(1)................. Monitoring System Operation and Maintenance...... Maintain monitoring system Yes.
in a manner consistent with
good air pollution control
practices.
Sec. 63.8(c)(1)(i).............. Routine and Predictable SSM...................... Follow the SSM plan for Yes.
routine repairs; keep parts
for routine repairs readily
available; reporting
requirements for SSM when
action is described in SSM
plan.
Sec. 63.8(c)(1)(ii)............. SSM not in SSM plan.............................. Reporting requirements for Yes.
SSM when action is not
described in SSM plan.
Sec. 63.8(c)(1)(iii)............ Compliance with Operation and Maintenance How Administrator determines Yes.
Requirements. if source complying with
operation and maintenance
requirements; review of
source O&M procedures,
records, manufacturer's
recommendations;
inspections.
Sec. 63.8(c)(2)-(3)............. Monitoring System Installation................... Must install to get Yes.
representative emission or
parameter measurements;
must verify operational
status before or at
performance test.
[[Page 15705]]
Sec. 63.8(c)(4)................. CMS Requirements................................. CMS must be operating except Yes. However, CEMS/COMS are not
during breakdown, out-of applicable.
control, repair,
maintenance, and high-level
calibration drifts; COMS
must have a minimum of one
cycle of sampling and
analysis for each
successive 10-second period
and one cycle of data
recording for each
successive 6-minute period;
CEMS must have a minimum of
one cycle of operation for
each successive 15-minute
period.
Sec. 63.8(c)(5)................. COMS Minimum Procedures.......................... COMS minimum procedures..... No.
Sec. 63.8(c)(6)-(8)............. CMS Requirements................................. Zero and high level Yes.
calibration check
requirements Out-of-control
periods.
Sec. 63.8(d).................... CMS Quality Control.............................. Requirements for CMS quality Yes.
control, including
calibration, etc.; must
keep quality control plan
on record for 5 years; keep
old versions for 5 years
after revisions.
Sec. 63.8(e).................... CMS Performance Evaluation....................... Notification, performance Yes.
evaluation test plan,
reports.
Sec. 63.8(f)(1)-(5)............. Alternative Monitoring Method.................... Procedures for Administrator Yes.
to approve alternative
monitoring.
Sec. 63.8(f)(6)................. Alternative to Relative Accuracy Test............ Procedures for Administrator No.
to approve alternative
relative accuracy tests for
CEMS.
Sec. 63.8(g).................... Data Reduction................................... COMS 6-minute averages Yes. However, CEMS/COMS are not
calculated over at least 36 applicable.
evenly spaced data points;
CEMS 1 hour averages
computed over at least 4
equally spaced data points;
data that cannot be used in
average.
Sec. 63.9(a).................... Notification Requirements........................ Applicability and State Yes.
delegation.
Sec. 63.9(b)(1)-(5)............. Initial Notifications............................ Submit notification within Yes.
120 days after effective
date; notification of
intent to construct/
reconstruct, Notification
of commencement of
construction/
reconstruction,
Notification of startup;
contents of each.
Sec. 63.9(c).................... Request for Compliance Extension................. Can request if cannot comply Yes.
by date or if installed
BACT/LAER.
Sec. 63.9(d).................... Notification of Special Compliance Requirements For sources that commence Yes.
for New Sources. construction between
proposal and promulgation
and want to comply 3 years
after effective date.
Sec. 63.9(e).................... Notification of Performance Test................. Notify Administrator 60 days Yes.
prior.
Sec. 63.9(f).................... Notification of VE/Opacity Test.................. Notify Administrator 30 days No.
prior.
Sec. 63.9(g).................... Additional Notifications When Using CMS.......... Notification of performance Yes. However, there are no opacity/
evaluation; notification VE standards.
about use of COMS data;
Notification that exceeded
criterion for relative
accuracy alternative.
Sec. 63.9(h)(1)-(6)............. Notification of Compliance Status................ Contents; due 60 days after Yes.
end of performance test or
other compliance
demonstration, except for
opacity/VE, which are due
30 days after; when to
submit to Federal vs. State
authority.
Sec. 63.9(i).................... Adjustment of Submittal Deadlines................ Procedures for Administrator Yes.
to approve change in when
notifications must be
submitted.
Sec. 63.9(j).................... Change in Previous Information................... Must submit within 15 days Yes.
after the change.
Sec. 63.10(a)................... Recordkeeping/Reporting.......................... Applies to all, unless Yes.
compliance extension; when
to submit to Federal vs.
State authority; procedures
for owners of more than 1
source.
Sec. 63.10(b)(1)................ Recordkeeping/Reporting.......................... General requirements; keep Yes.
all records readily
available; keep for 5 years.
Sec. 63.10(b)(2)(i)-(iv)........ Records Related to Startup, Shutdown, and Occurrence of each for Yes.
Malfunction. operations (process
equipment); occurrence of
each malfunction of air
pollution control
equipment; maintenance on
air pollution control
equipment; actions during
startups, shutdowns, and
malfunctions.
Sec. 63.10(b)(2)(vi)-(xi)....... CMS Records...................................... Malfunctions, inoperative, Yes.
out-of-control periods.
Sec. 63.10(b)(2)(xii)........... Records.......................................... Records when under waiver... Yes.
Sec. 63.10(b)(2)(xiii).......... Records.......................................... Records when using Yes.
alternative to relative
accuracy test.
Sec. 63.10(b)(2)(xiv)........... Records.......................................... All documentation supporting Yes.
initial notification and
notification of compliance
status.
Sec. 63.10(b)(3)................ Records.......................................... Applicability determinations Yes.
Sec. 63.10(c)................... Records.......................................... Additional records for CMS.. Yes.
Sec. 63.10(d)(1)................ General Reporting Requirements................... Requirement to report....... Yes.
Sec. 63.10(d)(2)................ Report of Performance Test Results............... When to submit to Federal or Yes.
State authority.
Sec. 63.10(d)(3)................ Reporting Opacity or VE Observations............. What to report and when..... Yes.
Sec. 63.10(d)(4)................ Progress Reports................................. Must submit progress reports Yes.
on schedule if under
compliance extension.
Sec. 63.10(d)(5)................ Startup, Shutdown, and Malfunction Reports....... Contents and submission..... Yes.
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Sec. 63.10(e)(1)-(2)............ Additional CMS Reports........................... Must report results for each Yes. However, CEMS/COMS are not
CEMS on a unit; written applicable.
copy of CMS performance
evaluation; 2-3 copies of
COMS performance evaluation.
Sec. 63.10(e)(3)(i)-(iii)....... Reports.......................................... Schedule for reporting Yes. However, note that the title of
excess emissions and the report is the compliance
parameter monitor report. Deviations are excess
exceedance (now defined as emissions or parameter exceedances.
deviations).
Sec. 63.10(e)(3)(iv)-(v)........ Excess Emissions Reports......................... Requirement to revert to Yes.
quarterly submission if
there is an excess
emissions and parameter
monitor exceedances (now
defined as deviations);
provision to request
semiannual reporting after
compliance for 1 year;
submit report by 30th day
following end of quarter or
calendar half; if there has
not been an exceedance or
excess emissions (now
defined as deviations),
report contents in a
statement that there have
been no deviations; must
submit report containing
all of the information in
Secs. 63.8(c)(7)-(8) and
63.10(c)(5)-(13).
Sec. 63.10(e)(3)(vi)-(viii)..... Excess Emissions Report and Summary Report....... Requirements for reporting Yes.
excess emissions for CMS
(now called deviations);
requires all of the
information in Secs.
63.10(c)(5)-(13) and
63.8(c)(7)-(8).
Sec. 63.10(e)(4)................ Reporting COMS data.............................. Must submit COMS data with N/A.
performance test data.
Sec. 63.10(f)................... Waiver for Recordkeeping/Reporting............... Procedures for Administrator Yes.
to waive.
Sec. 63.11...................... Flares........................................... Requirements for flares..... Yes.
Sec. 63.12...................... Delegation....................................... State authority to enforce Yes.
standards.
Sec. 63.13...................... Addresses........................................ Addresses where reports, Yes.
notifications, and requests
are sent.
Sec. 63.14...................... Incorporation by Reference....................... Test methods incorporated by Yes.
reference.
Sec. 63.15...................... Availability of Information...................... Public and confidential Yes.
information.
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[FR Doc. 02-7095 Filed 4-1-02; 8:45 am]
BILLING CODE 6560-50-P