cfr_sections
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94 rows where part_number = 65 and title_number = 40 sorted by section_id
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| section_id ▼ | title_number | title_name | chapter | subchapter | part_number | part_name | subpart | subpart_name | section_number | section_heading | agency | authority | source_citation | amendment_citations | full_text |
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| 40:40:17.0.1.1.2.1.1.1 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.1 Applicability. | EPA | (a) The provisions of this subpart apply to owners or operators expressly referenced to this part from a subpart of 40 CFR part 60, 61, or 63 for which the owner or operator has chosen to comply with the provisions of this part as an alternative to the provisions in the referencing subpart as specified in paragraph (b) of this section. (b) Owners or operators may choose to comply with this part for any regulated source subject to a referencing subpart. (c) Compliance with this part instead of the referencing subparts does not alter the applicability of the referencing subparts. This part applies to only the equipment, process vents, storage vessels, or transfer operations to which the referencing subparts apply. This part does not extend applicability to equipment, process vents, storage vessels, or transfer operations that are not regulated by the referencing subpart. (d) The provisions of 40 CFR part 60, subpart A; 40 CFR part 61, subpart A; and 40 CFR part 63, subpart A, that are listed in table 1 of this subpart still apply to owners or operators of regulated sources expressly referenced to this part. The owner or operator shall comply with the provisions in table 1 of this subpart in the column corresponding to the referencing subpart. All provisions of 40 CFR part 60, subpart A; 40 CFR part 61, subpart A; and 40 CFR part 63, subpart A, not expressly referenced in table 1 of this subpart do not apply, and the provisions of this part apply instead, except that provisions which were required to be met prior to implementation of this part 65 still apply. (e) The provisions of the referencing subparts that are listed in table 2 of this subpart still apply to owners or operators of regulated sources expressly referenced to this part. The owner or operator shall comply with the provisions in table 2 of this subpart in the row corresponding to the referencing subpart. All provisions of the referencing subparts not expressly referenced in table 2 to this subpart do not apply and the provisions of this part apply… | ||||
| 40:40:17.0.1.1.2.1.1.10 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.10 State authority. | EPA | (a) The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from adopting and enforcing any emission standard or limitation applicable to a regulated source, provided that such standard, limitation, prohibition, or other regulation is not less stringent than the standard applicable to such a regulated source. (b) The provisions of this part shall not be construed in any manner to preclude any State or political subdivision thereof from requiring the owner or operator of a regulated source to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of such a regulated source. | ||||
| 40:40:17.0.1.1.2.1.1.11 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.11 Circumvention and prohibited activities. | EPA | (a) Circumvention. (1) No owner or operator subject to the provisions of this part shall build, erect, install, or use any article, machine, equipment, or process to conceal an emission that would otherwise constitute noncompliance with a relevant standard. Such concealment includes, but is not limited to, the following: (1) The use of diluents to achieve compliance with a relevant standard based on the concentration of a pollutant in the effluent discharged to the atmosphere; and (2) The fragmentation of an operation for the purpose of avoiding regulation by a relevant standard. (b) Prohibited activities. (1) No owner or operator subject to the provisions of this part shall operate any regulated source in violation of the requirements of this part except under the following provisions: (i) An extension or waiver of compliance granted by the Administrator under an applicable part; or (ii) An extension of compliance granted under an applicable part by a State with an approved permit program; or (iii) An exemption from compliance granted by the President under section 112(i)(4) of the Act. (2) After the effective date of an approved permit program in a State, no owner or operator of a regulated source in that State who is required under an applicable part to obtain a title V permit shall operate such source except in compliance with the provisions of this part and the applicable requirements of the permit program in that State. (3) An owner or operator of a regulated source who is subject to an emission standard promulgated under this part or a referencing part shall comply with the requirements of that standard by the date(s) established in the applicable subpart(s) (including this subpart) regardless of whether the following criteria are met: (i) A title V permit has been issued to that source; or (ii) If a title V permit has been issued to that source, whether such permit has been revised or modified to incorporate the emission standard. (c) Severability. Notwithstanding any requirement incorpor… | ||||
| 40:40:17.0.1.1.2.1.1.12 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.12 Delegation of authority. | EPA | (a) In delegating implementation and enforcement authority to a State under sections 111(c) and 112(l) of the Act, the authorities contained in paragraph (b) of this section shall be retained by the Administrator and not transferred to a State. (b) Authorities that will not be delegated to States: §§ 65.8, 65.46, 65.102, 65.156(b)(l)(ii), and 65.158(a)(2)(ii). | ||||
| 40:40:17.0.1.1.2.1.1.13 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.13 Incorporation by reference. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 69 FR 18803, Apr. 9, 2004] | (a) The materials listed in this section are incorporated by reference in the corresponding sections noted. These incorporations by reference were approved by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. These materials are incorporated as they exist on the date of the approval, and notice of any change in these materials will be published in the Federal Register. The materials are available for purchase at the corresponding addresses noted in paragraph (b) of this section, and all are available for inspection or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, call 202-741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html ; at the Air and Radiation Docket and Information Center, U.S. EPA, 401 M Street, SW., Washington, DC; and at the EPA Library (MD-35), U.S. EPA, Research Triangle Park, North Carolina. (b) The materials listed in this paragraph (b) are available for purchase from at least one of the following addresses: American Society for Testing and Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; or University Microfilms International, 300 North Zeeb Road, Ann Arbor, Michigan 48106. (1) ASTM D1946-77, Standard Method for Analysis of Reformed Gas by Gas Chromatography, IBR approved December 14, 2000 for §§ 65.64(e)(2) and 65.147(a)(4)(i) and (b)(3)(ii). (2) ASTM D2382-76, Standard Test Method for Heat of Combustion of Hydrocarbon Fuels by Bomb Calorimeter (High-Precision Method). IBR approved December 14, 2000 for §§ 65.64(e)(1) and 65.147(b)(3)(ii). | |||
| 40:40:17.0.1.1.2.1.1.14 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.14 Addresses. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 75 FR 69353, Nov. 12, 2010; 76 FR 49673, Aug. 11, 2011; 78 FR 37977, June 25, 2013; 84 FR 34069, July 17, 2019; 84 FR 44230, Aug. 23, 2019; 89 FR 86749, Oct. 31, 2024] | (a) All requests, reports, applications, notifications, and other communications submitted pursuant to this part, except as specified under § 65.5(g)(1), shall be sent to the Administrator at the appropriate EPA Regional Office indicated in the following table: Table 1 to Paragraph ( a ) (b) All information required to be submitted to the Administrator under this part shall also be submitted to the appropriate State agency of any State to which authority has been delegated under section 112(l) of the Act. The mailing addresses for State agencies are listed as follows: (1) Alabama. Air Pollution Control Division, Air Pollution Control Commission, 645 S. McDonough Street, Montgomery, Alabama 36104. (2) Alaska. Department of Environmental Conservation, 3220 Hospital Drive, Juneau, Alaska 99811. (3) Arizona. Arizona Department of Environmental Quality, 1110 West Washington Street, Phoenix, AZ 85007. (4) Arkansas. Chief, Division of Air Pollution Control, Arkansas Department of Pollution Control and Ecology, 8001 National Drive, P.O. Box 9583, Little Rock, Arkansas 72209. (5) California. (i) Amador County Air Pollution Control District, 12200-B Airport Road, Jackson, CA 95642. (ii) Antelope Valley Air Quality Management District, 43301 Division Street, Suite 206, Lancaster, CA 93535. (iii) Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, CA 94109. (iv) Butte County Air Quality Management District, 2525 Dominic Drive, Suite J, Chico, CA 95928. (v) Calaveras County Air Pollution Control District, 891 Mountain Ranch Road, San Andreas, CA 95249. (vi) Colusa County Air Pollution Control District, 100 Sunrise Blvd., Suite A-3, Colusa, CA 95932-3246. (vii) El Dorado County Air Quality Management District, 2850 Fairlane Court, Bldg. C, Placerville, CA 95667-4100. (viii) Eastern Kern Air Pollution Control District, 2700 “M” Street, Suite 302, Bakersfield, CA 93301-2370. (ix) Feather River Air Quality Management District, 1007 Live Oak Blvd., Suite B-3, Yuba City, CA 95991. (x)… | |||
| 40:40:17.0.1.1.2.1.1.15 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | §§ 65.15-65.19 [Reserved] | EPA | |||||
| 40:40:17.0.1.1.2.1.1.2 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.2 Definitions. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006; 72 FR 48942, Aug. 27, 2007] | All terms used in this part shall have the meaning given them in the Act and in this section. If a term is defined both in this section and in other parts that reference the use of this part, the term shall have the meaning given in this section for purposes of this part. If a term is not defined in the Act or in this section, the term shall have the meaning given in the referencing subpart for purposes of this part. The terms follow: Act means the Clean Air Act (42 U.S.C. 7401 et seq. ). Administrator means the Administrator of the United States Environmental Protection Agency (EPA) or his or her authorized representative (for example, a State that has been delegated the authority to implement the provisions of this part). Approved permit program means a State permit program approved by the Administrator as meeting the requirements of part 70 of this chapter or a Federal permit program established in this chapter pursuant to title V of the Act (42 U.S.C. 7661). Automated continuous parameter monitoring system means a continuous parameter monitoring system that automatically both records the measured data and calculates hourly averages. Automated monitoring and recording system means any means of measuring values of monitored parameters and creating a hard copy or computer record of the measured values that does not require manual reading of monitoring instruments and manual transcription of data values. Automated monitoring and recording systems include, but are not limited to, computerized systems, strip charts, and circular charts. Batch process means a process in which the equipment is fed intermittently or discontinuously. Processing then occurs in this equipment after which the equipment is generally emptied. Examples of industries that use batch processes include pharmaceutical production and pesticide production. Batch product-process equipment train means the collection of equipment (for example, connectors, reactors, valves, pumps) configured to produce a specific product or intermediate … | |||
| 40:40:17.0.1.1.2.1.1.3 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.3 Compliance with standards and operation and maintenance requirements. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006] | (a) Requirements. (1) Except as provided in paragraph (a)(2) of this section, the emission standards and established parameter ranges of this part shall apply at all times except during periods of startup, shutdown (as defined in § 65.2), malfunction, or nonoperation of the regulated source (or specific portion thereof) resulting in cessation of the emissions to which this part applies. However, if a startup, shutdown, malfunction, or period of nonoperation of one portion of a regulated source does not affect the ability of a particular emission point to comply with the specific provisions to which it is subject, then that emission point shall still be required to comply with the applicable provisions of this part during the startup, shutdown, malfunction, or period of nonoperation. For example, if there is an over pressure in the reactor area, a storage vessel in a chemical manufacturing process unit would still be required to be controlled in accordance with subpart C of this part. Similarly, the degassing of a storage vessel would not affect the ability of a process vent to meet the requirements of subpart D or G of this part. (2) Sections 65.106 through 65.118 shall apply at all times except during periods of startup or shutdown (as defined in § 65.2), malfunction, process unit shutdown (as defined in § 65.2), or nonoperation of the regulated source (or specific portion thereof) in which the lines are drained and depressurized resulting in cessation of the emissions to which subpart F of this part applies. (3) During startups, shutdowns, and malfunctions when the emission standards of this part do not apply pursuant to paragraphs (a)(1) and (2) of this section, the owner or operator shall implement, to the extent reasonably available, measures to prevent or minimize emissions in excess of those that would have occurred if there were no startup, shutdown, or malfunction and the owner or operator complied with the relevant provisions of this part. The measures to be taken may include, but are not limited to… | |||
| 40:40:17.0.1.1.2.1.1.4 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.4 Recordkeeping. | EPA | (a) Maintaining notifications, records, and reports. Except as provided in paragraph (b) of this section, the owner or operator of each regulated source subject to this part shall keep copies of notifications, reports, and records required by this part for the length of time specified in the following, as applicable: (1) If an owner or operator is required to obtain or operate a regulated source under a title V permit, then all applicable notifications, reports, and records for that regulated source shall be maintained for at least 5 years, except for the records required in § 65.47(b) for storage vessel capacity, § 65.104(e)(2) for valve and connector monitoring, and § 65.163(d)(1) for closed vent system design specifications. (2) If an owner or operator is not required to obtain or operate a regulated source under a title V permit, then all notifications, reports, and records for that regulated source required by this part shall be maintained for at least 2 years, except for the records required in § 65.47(b) for storage vessel capacity, § 65.104(e)(2) for valve and connector monitoring, and § 65.163(d)(1) for closed vent system design specifications. (b) Copies of reports. If an owner or operator submits reports to the applicable EPA Regional Office, the owner or operator is not required to maintain copies of those reports. If the EPA Regional Office has waived the requirement of § 65.5(g)(1) for submittal of copies of reports, the owner or operator is not required to maintain copies of the waived reports. Paragraph (b) of this section applies only to reports and not the underlying records which must be maintained as specified throughout this part. (c) Availability of records. All applicable records shall be maintained in such a manner that they can be readily accessed and are suitable for inspection as specified in the following: (1) Except as specified in paragraph (c)(2) of this section, records of the most recent 2 years shall be retained onsite or shall be accessible to an inspector while onsit… | ||||
| 40:40:17.0.1.1.2.1.1.5 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.5 Reporting requirements. | EPA | (a) Required reports. Each owner or operator of a regulated source subject to this subpart shall submit the following reports, as applicable: (1) A Notification of Initial Startup described in paragraph (b) of this section. (2) An Initial Notification for Part 65 Applicability described in paragraph (c) of this section. (3) An Initial Compliance Status Report described in paragraph (d) of this section. (4) Periodic reports described in paragraph (e) of this section. (5) Other reports shall be submitted as specified elsewhere in this part. (6) Startup, Shutdown, and Malfunction Reports described in § 65.6(c). (b) Notification of Initial Startup —(1) Contents. Any owner or operator of a regulated source which elects to comply with this part at initial startup shall send the Administrator written notification of the actual date of initial startup of a regulated source. (2) Due date. The notification of the actual date of initial startup shall be postmarked within 15 days after such date. (c) Initial Notification for Part 65 Applicability. Owners or operators of regulated sources that have been subject to a 40 CFR part 60, 61, or 63 standard, and who wish to comply with this part, and who are not operating the regulated source under an approved title V permit shall notify the Administrator of their intent. The notice shall include the information specified in paragraphs (c)(1) through (7) of this section, as applicable, and may accompany the application for a construction permit for the regulated source. This notification may be waived by the Administrator. (1) Identification of the storage vessels subject to subpart C of this part. (2) Identification of the process vents subject to subpart D of this part, including process vent group status as specified in § 65.62(a). (3) Identification of the process vents subject to 40 CFR part 60, subpart DDD, complying with requirements of subpart G of this part. (4) Identification of the transfer racks subject to subpart E of this part. (5) For equipment … | ||||
| 40:40:17.0.1.1.2.1.1.6 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.6 Startup, shutdown, and malfunction plan and procedures. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20471, Apr. 20, 2006] | (a) Paragraphs (b) and (c) of this section do not apply to Group 2A or Group 2B process vents. (b) Startup, shutdown, and malfunction plan —(1) Description and purpose of plan. The owner or operator of a regulated source shall develop a written startup, shutdown, and malfunction plan that describes, in detail, procedures for operating and maintaining the regulated source during periods of startup, shutdown, and malfunction and a program of corrective action for malfunctioning process and air pollution control equipment used to comply with the relevant standard. The plan shall also address routine or otherwise predictable CPMS malfunctions. This plan shall be developed by the owner or operator by the regulated source's implementation date as specified in § 65.1(f), or for sources referenced from 40 CFR part 63, subpart F, by the compliance date specified in that subpart. The requirement to develop this plan shall be incorporated into the source's title V permit. This requirement is optional for equipment that must comply with subpart F of this part. It is not optional for equipment equipped with a closed vent system and control device subject to subpart G of this part. The purposes of the startup, shutdown, and malfunction plan are described in the following: (i) To ensure that owners or operators are prepared to correct malfunctions as soon as practical after their occurrence in order to minimize excess emissions of regulated material (excess emissions are defined in § 65.3(a)(4)); and (ii) To reduce the reporting burden associated with periods of startup, shutdown, and malfunction (including corrective action taken to restore malfunctioning process and air pollution control equipment to its normal or usual manner of operation). (2) Operation of source. During periods of startup, shutdown, and malfunction, the owner or operator of a regulated source shall operate and maintain such source (including associated air pollution control equipment and CPMS) in accordance with § 65.3(a). The general duty to mini… | |||
| 40:40:17.0.1.1.2.1.1.7 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.7 Monitoring, recordkeeping, and reporting waivers and alternatives, and alternative work practice for equipment leaks. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 73 FR 78217, Dec. 22, 2008] | (a) Waiver of recordkeeping or reporting requirements —(1) Waiver application. The owner or operator may apply for a waiver from recordkeeping or reporting requirements if the regulated source is achieving the relevant standard(s), or the source is operating under an extension of compliance under 40 CFR 63.6(i), or a waiver of compliance under 40 CFR 61.10(b), or the owner or operator has requested an extension or waiver of compliance and the Administrator is still considering that request. The waiver application shall be submitted in writing to the Administrator. (2) Extension of compliance request. If an application for a waiver of recordkeeping or reporting is made, the application shall accompany the request for an extension of compliance under 40 CFR 63.6(i) or the request for a waiver of compliance under 40 CFR 61.10(b), any required compliance progress report or compliance status report required in the source's title V permit application or a permit modification application, or a periodic report required under this part, whichever is applicable. The application shall include whatever information the owner or operator considers useful to convince the Administrator that a waiver of recordkeeping or reporting is warranted. (3) Approval or denial of waiver. The Administrator will approve or deny a request for a waiver of recordkeeping or reporting requirements when performing one of the following actions: (i) Approves or denies an extension of compliance under 40 CFR 63.6(i) or a waiver of compliance under 40 CFR 61.10(b); or (ii) Makes a determination of compliance following the submission of a required compliance status report or periodic report; or (iii) Makes a determination of suitable progress toward compliance following the submission of a compliance progress report, whichever is applicable. (4) Waiver conditions. A waiver of any recordkeeping or reporting requirement granted under this paragraph (a) may be conditioned on other recordkeeping or reporting requirements deemed necessary by t… | |||
| 40:40:17.0.1.1.2.1.1.8 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.8 Procedures for approval of alternative means of emission limitation. | EPA | (a) Alternative means of emission limitation. An owner or operator may request a determination of equivalence for an alternative means of emission limitation to the requirements of design, equipment, work practice, or operational standards of this part. If, in the judgment of the Administrator, an alternative means of emission limitation will achieve a reduction in regulated material emissions at least equivalent to the reduction in emissions from that source achieved under any design, equipment, work practice, or operational standards (but not performance standards) in this part, the Administrator will publish in the Federal Register a notice permitting the use of the alternative means for purposes of compliance with that requirement. (1) The notice may condition the permission on requirements related to the operation and maintenance of the alternative means. (2) Any such notice shall be published only after public notice and an opportunity for a hearing. (b) Content of submittal. (1) In order to obtain approval, any person seeking permission to use an alternative means of compliance under this section shall collect, verify, and submit to the Administrator information showing that the alternative means achieves equivalent emission reductions. An owner or operator seeking permission to use an alternative means of compliance who has not previously performed testing shall also submit a proposed test plan. If the owner or operator seeks permission to use an alternative means of compliance based on previously performed testing, they shall submit the results of that testing, a description of the procedures followed in testing or monitoring, and a description of pertinent conditions during testing or monitoring. (2) The owner or operator who requests an alternative means of emission limitation shall submit a description of the proposed testing, monitoring, recordkeeping, and reporting that will be used and the proposed basis for demonstrating compliance. (3) For storage vessels, the owner or operator shall i… | ||||
| 40:40:17.0.1.1.2.1.1.9 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | A | Subpart A—General Provisions | § 65.9 Availability of information and confidentiality. | EPA | (a) Availability of information. The availability to the public of information provided to, or otherwise obtained by, the Administrator under this part shall be governed by part 2 of this chapter. With the exception of information protected under part 2 of this chapter, all reports, records, and other information collected by the Administrator under this part are available to the public. In addition, a copy of each permit application, compliance plan (including the schedule of compliance), initial compliance status report, periodic report, and title V permit is available to the public, consistent with protections recognized in section 503(e) of the Act. (b) Confidentiality. (1) If an owner or operator is required to submit information entitled to protection from disclosure under section 114(c) of the Act, the owner or operator may submit such information separately. The requirements of section 114(c) shall apply to such information. (2) The contents of a title V permit shall not be entitled to protection under section 114(c) of the Act; however, information submitted as part of an application for a title V permit may be entitled to protection from disclosure. | ||||
| 40:40:17.0.1.1.2.3.1.1 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | § 65.40 Applicability. | EPA | (a) The provisions of this subpart and of subpart A of this part apply to control of regulated material emissions from surge control vessels, bottoms receivers, and other storage vessels where a referencing subpart references the use of this subpart for such emissions control. (b) If a physical or process change is made that causes a storage vessel to fall outside the criteria in the referencing subpart that required the storage vessel to control emissions of regulated material, the owner or operator may elect to no longer comply with the provisions of this subpart. Instead, the owner or operator shall comply with any applicable provisions of the referencing subpart. | ||||
| 40:40:17.0.1.1.2.3.1.10 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | §§ 65.49-65.59 [Reserved] | EPA | |||||
| 40:40:17.0.1.1.2.3.1.2 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | § 65.41 Definitions. | EPA | All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. | ||||
| 40:40:17.0.1.1.2.3.1.3 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | § 65.42 Control requirements. | EPA | (a) For each storage vessel to which this subpart applies, the owner or operator shall comply with the requirements of paragraph (b) or (c) of this section. (b) For each storage vessel storing a liquid for which the maximum true vapor pressure of the total regulated material in the liquid is less than 76.6 kilopascals (10.9 pounds per square inch), the owner or operator shall reduce regulated material emissions to the atmosphere as provided in any one of the paragraphs (b)(1) through (7) of this section. (1) Internal floating roof (IFR). Operate and maintain a fixed roof and internal floating roof meeting the requirements of § 65.43. (2) External floating roof (EFR). Operate and maintain an external floating roof meeting the requirements of § 65.44. (3) EFR converted to IFR. Operate and maintain an external floating roof converted to an internal floating roof meeting the requirements of § 65.45. (4) Closed vent system and flare. Operate and maintain a closed vent system and flare as specified in § 65.142(a)(1). Periods of planned routine maintenance of the flare during which the flare does not meet the specifications of § 65.147 shall not exceed 240 hours per year. The specifications and requirements in § 65.147 for flares do not apply during periods of planned routine maintenance or during a control system malfunction. The owner or operator shall report the periods of planned routine maintenance as specified in § 65.166(d). (5) Closed vent system and control device. Operate and maintain a closed vent system and control device as specified in the following and § 65.142(a)(2): (i) Except as provided in paragraph (b)(5)(ii) of this section, the control device shall be designed and operated to reduce inlet emissions of regulated material by 95 percent or greater. (ii) For owners or operators referenced to this part from 40 CFR part 63, subpart G, and if the owner or operator of a storage vessel can demonstrate that a control device installed on the storage vessel on or before December 31, 1992 is d… | ||||
| 40:40:17.0.1.1.2.3.1.4 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | § 65.43 Fixed roof with an internal floating roof (IFR). | EPA | (a) IFR design requirements. The owner or operator who elects to control storage vessel regulated material emissions by using a fixed roof and an internal floating roof shall comply with the design requirements in paragraphs (a)(1) through (4) of this section. (1) The internal floating roof shall be designed to float on the stored liquid surface except when the floating roof must be supported by the leg supports. (2) Except as provided in paragraph (a)(3) of this section, the internal floating roof shall be equipped with a closure device between the wall of the storage vessel and the floating roof edge and shall consist of one of the following devices: (i) A liquid-mounted seal. (ii) A metallic shoe seal. (iii) Two continuous seals mounted one above the other. The lower seal may be vapor-mounted. (3) If the internal floating roof is equipped with a vapor-mounted seal as of December 31, 1992, paragraph (a)(2) of this section does not apply until the next time the storage vessel is emptied and degassed, or by April 22, 2004, whichever occurs first. (4) Except as provided in paragraph (a)(4)(viii) of this section, each internal floating roof shall meet the following specifications: (i) Each opening in a noncontact internal floating roof except for automatic bleeder vents (vacuum breaker vents) and rim space vents is to provide a projection below the stored liquid surface. (ii) Except for leg sleeves, automatic bleeder vents, rim space vents, column wells, ladder wells, sample wells, and stub drains, each opening shall be equipped with a gasketed cover or gasketed lid. (iii) Each penetration of the internal floating roof shall be a sample well. Each sample well shall have a slit fabric cover that covers at least 90 percent of the opening. (iv) Each automatic bleeder vent and rim space vent shall be gasketed. (v) Each penetration of the internal floating roof that allows for passage of a ladder shall have a gasketed sliding cover. (vi) Each penetration of the internal floating roof that allows for passa… | ||||
| 40:40:17.0.1.1.2.3.1.5 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | § 65.44 External floating roof (EFR). | EPA | (a) EFR design requirements. The owner or operator who elects to control storage vessel regulated material emissions by using an external floating roof shall comply with the design requirements listed in paragraphs (a)(1) through (3) of this section. (1) The external floating roof shall be designed to float on the stored liquid surface except when the floating roof must be supported by the leg supports. (2) The external floating roof shall be equipped with a closure device between the wall of the storage vessel and the roof edge. (i) Except as provided in paragraph (a)(2)(iii) of this section, the closure device is to consist of two continuous seals, one above the other. The lower seal is referred to as the primary seal and the upper seal is referred to as the secondary seal. (ii) Except as provided in paragraph (a)(2)(iv) of this section, the primary seal shall be either a metallic shoe seal or a liquid-mounted seal. (iii) If the external floating roof is equipped with a liquid-mounted or metallic shoe primary seal as of December 31, 1992, the requirement for a secondary seal in paragraph (a)(2)(i) of this section does not apply until the next time the storage vessel is emptied and degassed, or by April 22, 2004, whichever occurs first. (iv) If the external floating roof is equipped with a vapor-mounted primary seal and a secondary seal as of December 31, 1992, the requirement for a liquid-mounted or metallic shoe primary seal in paragraph (a)(2)(ii) of this section does not apply until the next time the storage vessel is emptied and degassed, or by April 22, 2004, whichever occurs first. (3) The external floating roof shall meet the following specifications: (i) Except for automatic bleeder vents (vacuum breaker vents) and rim space vents, each opening in the noncontact external floating roof shall provide a projection below the stored liquid surface except as provided in paragraph (a)(3)(xiii) of this section. (ii) Covers on each access hatch and each gauge float well shall be designed to be bolted … | ||||
| 40:40:17.0.1.1.2.3.1.6 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | § 65.45 External floating roof converted into an internal floating roof. | EPA | The owner or operator who elects to control storage vessel regulated material emissions by using an external floating roof converted into an internal floating roof shall comply with the internal floating roof requirements of § 65.43 except § 65.43(a)(3), (b)(2), and (b)(3) and the external floating roof deck fitting requirements of § 65.44 except § 65.44(a)(1), (a)(2), (b)(1), (b)(8), (b)(9), (c), and (d), including the recordkeeping and reporting provisions referenced therein. | ||||
| 40:40:17.0.1.1.2.3.1.7 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | § 65.46 Alternative means of emission limitation. | EPA | Any person seeking permission to use an alternative means of compliance under this section shall use the procedures of § 65.8. | ||||
| 40:40:17.0.1.1.2.3.1.8 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | § 65.47 Recordkeeping provisions. | EPA | (a) Retention time. Each owner or operator of a storage vessel subject to this subpart shall meet the requirements of § 65.4, except the record specified in paragraph (b) of this section shall be kept as long as the storage vessel is in operation. (b) Vessel dimensions and capacity. Each owner or operator of a storage vessel subject to this subpart shall keep readily accessible records showing the dimensions of the storage vessel and an analysis of the capacity of the storage vessel. (c) Inspection results. The owner or operator shall keep the records specified in paragraphs (c)(1) and (2) of this section. (1) For each IFR or EFR inspection required by § 65.43(c)(1) and (2), or § 65.44(c)(10), respectively, a record containing the following information, as appropriate: (i) In the event that no IFR type A failure, IFR type B failure, or EFR failure is observed, a record showing that the inspection was performed. The record shall identify the storage vessel on which the inspection was performed, the date the storage vessel was inspected, and references indicating which items were inspected. (ii) In the event that an IFR type A failure, IFR type B failure, or EFR failure is observed, a record that identifies the storage vessel on which the inspection was performed, the date the storage vessel was inspected, a description of the failure and of the repair made, the date the vessel was emptied (if applicable), and the date that the repair was made. As specified in § 65.48(b)(1), the owner or operator shall include this record in the periodic report. (2) For each EFR seal gap measurement required by § 65.44(c)(1), (2), or (3), a record describing the results of the measurement. The record shall identify the vessel on which the measurement was performed, shall include the date of the measurement, the raw data obtained in the measurement, and the calculations described in § 65.44(c)(7) and (8), and shall meet the following two additional requirements, as appropriate: (i) In the event that the seal gap measure… | ||||
| 40:40:17.0.1.1.2.3.1.9 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | C | Subpart C—Storage Vessels | § 65.48 Reporting provisions. | EPA | (a) Notification of initial startup. If § 65.5(b) requires that a notification of initial startup be filed, then the content of the notification of initial startup shall at least include the information specified in § 65.5(b) and the identification of each storage vessel, its capacity, and the types of regulated material stored in the storage vessel. (b) Periodic reports. Report the information specified in paragraphs (b)(1) through (3) of this section, as applicable, in the periodic report specified in §§ 65.5(e). (1) Inspection results. Report the following information for each inspection conducted in accordance with § 65.43(c) and 65.44(c) in which an IFR or EFR failure is detected in the control equipment: (i) If an IFR type A failure or an EFR failure is observed for vessels for which inspections are required under § 65.43(c)(1)(i), § 65.43(c)(2)(ii)(A), or § 65.44(c)(10), each report shall include the inspection results record listed in § 65.47(c)(1)(ii). If an extension is utilized in accordance with § 65.43(d)(1) or § 65.44(d)(1), the report shall include the records listed in § 65.47(c)(1)(ii) plus the documentation specified in § 65.47(d)(1). (ii) If an IFR type B failure is observed for vessels for which inspections are required under § 65.43(c)(1)(ii), (c)(2)(i), or (c)(2)(ii)(B), each report shall include a copy of the records listed in § 65.47(c)(1)(ii). (2) Seal gap measurement results. (i) For each vessel whose seal gaps are measured during the reporting period, identify each seal gap measurement made in accordance with § 65.44(c) in which the requirements of § 65.44(c)(7) or (8) are met. (ii) For each seal gap measurement made in accordance with § 65.44(c) in which the requirements of § 65.44(c)(7) or (8) are not met, from the records kept pursuant to § 65.47(c)(2), report the date of the measurements, results of the calculations, and note which seal gap measurements did not conform to the specifications in § 65.44(c)(7) and (8). (3) Extension documentation. If an extension is ut… | ||||
| 40:40:17.0.1.1.2.4.1.1 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | D | Subpart D—Process Vents | § 65.60 Applicability. | EPA | The provisions of this subpart and of subpart A of this part apply to regulated material emissions from process vents where a referencing subpart references the use of this subpart. | ||||
| 40:40:17.0.1.1.2.4.1.2 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | D | Subpart D—Process Vents | § 65.61 Definitions. | EPA | All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. | ||||
| 40:40:17.0.1.1.2.4.1.3 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | D | Subpart D—Process Vents | § 65.62 Process vent group determination. | EPA | (a) Group status. The owner or operator of a process vent shall determine the group status (i.e., Group 1, Group 2A, or Group 2B) for each process vent. Group 1 process vents require control, and Group 2A and 2B process vents do not. Group 2A process vents require parameter monitoring, and Group 2B process vents do not. The owner or operator shall report the group status of each process vent as specified in § 65.5(c)(2). (b) Group 1. A process vent is considered Group 1 if it meets at least one of the following specifications: (1) The owner or operator designates the process vent as Group 1. (2) At representative operating conditions expected to yield the lowest TRE index value for the process vent, the TRE index value is less than or equal to 1.0, the flow rate is greater than or equal to 0.011 standard cubic meter per minute (0.40 standard cubic foot per minute), and the concentration is greater than or equal to the applicable criterion in table 1 of this subpart. Procedures for determining the TRE index value, flow rate, and concentration are specified in § 65.64. (c) Group 2A. A process vent is considered Group 2A if, at representative operating conditions expected to yield the lowest TRE index value, it has a TRE index value of greater than 1.0 and less than or equal to 4.0, a flow rate of greater than or equal to 0.011 standard cubic meter per minute (0.40 standard cubic foot per minute), and a concentration greater than or equal to the applicable table 1 criterion. Procedures for determining the TRE index value, flow rate, and concentration are specified in § 65.64. (d) Group 2B. A process vent is considered Group 2B if, at representative operating conditions expected to yield the lowest TRE index value, it has a TRE index value of greater than 4.0; or a flow rate of less than 0.011 standard cubic meter per minute (0.40 standard cubic foot per minute); or a concentration less than the applicable criterion in table 1 of this subpart. Procedures for determining the TRE index value, flow rate, an… | ||||
| 40:40:17.0.1.1.2.4.1.4 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | D | Subpart D—Process Vents | § 65.63 Performance and group status change requirements. | EPA | (a) Group 1 performance requirements. Except for the additional requirement for halogenated vent streams as provided in paragraph (b) of this section, the owner or operator of a Group 1 process vent shall comply with the requirements of either paragraph (a)(1), (2), or (3) of this section. (1) Flare. Reduce emissions of regulated material using a flare meeting the applicable requirements of § 65.142(b). (2) 98 percent or 20 parts per million standard. Reduce emissions of regulated material or TOC by at least 98 weight-percent or to a concentration of less than 20 parts per million by volume, whichever is less stringent. For combustion devices, the emission reduction or concentration shall be calculated on a dry basis, and corrected to 3 percent oxygen. The owner or operator shall meet the requirements in § 65.142(b) and paragraphs (a)(2)(i) and/or (a)(2)(ii) of this section. (i) Compliance with paragraph (a)(2) of this section may be achieved by using any combination of recovery and/or control device to meet the 20 parts per million by volume concentration standard; or by using any combination of recovery and/or control device to meet the 98 weight percent reduction standard, if the recovery device meets the conditions of paragraph (a)(2)(ii) of this section. (ii) An owner or operator may use a recovery device alone or in combination with one or more control devices to reduce emissions of total regulated material by 98 weight-percent if all of the following conditions are met: (A) For process vents referenced to this part by 40 CFR part 63, subpart G, the recovery device (and any control device that operates in combination with the recovery device to reduce emissions of total regulated material by 98 weight-percent) was installed before December 31, 1992. (B) The recovery device that will be used to reduce emissions of total regulated material by 98 weight-percent is the last recovery device before emission to the atmosphere. (C) The recovery device alone or in combination with one or more control de… | ||||
| 40:40:17.0.1.1.2.4.1.5 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | D | Subpart D—Process Vents | § 65.64 Group determination procedures. | EPA | (a) General. The provisions of this section provide calculation and measurement methods for parameters that are used to determine group status. (b)(1) Sampling site. For purposes of determining TOC or HAP concentration, process vent volumetric flow rate, heating value, or TRE index value as specified under paragraph (c), (d), (e), (f), or (h) of this section, the sampling site shall be located after the last recovery device (if any recovery devices are present) but prior to the inlet of any control device that is present, and prior to release to the atmosphere. (2) Sampling site when a halogen reduction device is used prior to a combustion device. An owner or operator using a scrubber or other halogen reduction device to reduce the process vent halogen atom mass emission rate to less than 0.45 kilogram per hour (0.99 pound per hour) prior to a combustion control device in compliance with § 65.63(b)(2) shall determine the halogen atom mass emission rate prior to the combustor and after the scrubber or other halogen reduction device according to the procedures in paragraph (g) of this section. (3) Sampling site selection method. Method 1 or 1A of appendix A of 40 CFR part 60, as appropriate, shall be used for selection of the sampling site. No traverse site selection method is needed for process vents smaller than 0.10 meter (4 inches) in nominal inside diameter. (c) TOC or HAP concentration. The TOC or HAP concentrations used for TRE index value calculations in paragraph (h) of this section shall be determined based on paragraph (c)(1) or (i) of this section, or any other method or data that have been validated according to the protocol in Method 301 of appendix A of 40 CFR part 63. For concentrations needed for comparison with the appropriate concentration in table 1 of this subpart, TOC or HAP concentration shall be determined based on paragraph (c)(1), (c)(2), or (i) of this section or any other method or data that have been validated according to the protocol in Method 301 of appendix A of 40 CFR… | ||||
| 40:40:17.0.1.1.2.4.1.6 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | D | Subpart D—Process Vents | § 65.65 Monitoring. | EPA | (a) An owner or operator of a Group 2A process vent maintaining a TRE index value greater than 1.0 without a recovery device shall monitor based on the approved plan as specified in § 65.63(d). (b) As required in § 65.63(a) and (c), an owner or operator of a Group 2A process vent maintaining a TRE index value greater than 1.0 with a recovery device or a Group 1 process vent shall comply with § 65.142(b). | ||||
| 40:40:17.0.1.1.2.4.1.7 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | D | Subpart D—Process Vents | § 65.66 Recordkeeping provisions. | EPA | (a) TRE index value records. The owner or operator shall maintain records of measurements, engineering assessments, and calculations performed to determine the TRE index value of the process vent according to the procedures of § 65.64(h), including those records associated with halogen vent stream determination. Documentation of engineering assessments shall include all data, assumptions, and procedures used for the engineering assessments, as specified in § 65.64(i). As specified in § 65.67(a), the owner or operator shall include this information in the Initial Compliance Status Report. (b) Flow rate records. Each owner or operator who elects to demonstrate that a process vent is Group 2B based on a flow rate less than 0.011 standard cubic meter per minute (0.40 standard cubic foot per minute) shall record the flow rate as measured using the sampling site and flow rate determination procedures specified in § 65.64(b) and (d) or determined through engineering assessment as specified in § 65.64(i). As specified in § 65.67(a), the owner or operator shall include this information in the Initial Compliance Status Report. (c) Concentration records. Each owner or operator who elects to demonstrate that a process vent is Group 2B based on a concentration less than the applicable criteria in table 1 to this subpart shall record the organic HAP or TOC concentration as measurement using the sampling site and HAP or TOC concentration determination procedures specified in § 65.64(b) and (c) or determined through engineering assessment as specified in § 65.64(i). As specified in § 65.67(a), the owner or operator shall include this information in the Initial Compliance Status Report. (d) Process change records. The owner or operator shall keep up-to-date, readily accessible records as specified in the following and shall report this information as specified in § 65.67(b): (1) If the process vent is Group 2B on the basis of flow rate being less than 0.011 scmm (0.40 standard cubic foot), then the owner or operator s… | ||||
| 40:40:17.0.1.1.2.4.1.8 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | D | Subpart D—Process Vents | § 65.67 Reporting provisions. | EPA | (a) Initial compliance status report. The owner or operator shall submit as part of the Initial Compliance Status Report specified in § 65.5(d) the information recorded in § 65.66(a), (b), and (c), as applicable. (b) Process change. (1) Whenever a process change, as described in § 65.63(f), is made that causes a Group 2A or 2B process vent to become a Group 1 process vent or a Group 2B process vent to become a Group 2A process vent, the owner or operator shall either submit a report within 60 days after the performance test or group determination or submit a report included as part of the next periodic report. The report shall include the following information: (i) A description of the process change; (ii) The results of the recalculation of the flow rate, organic HAP or TOC concentration, and/or TRE index value required under § 65.63(f) and recorded under § 65.66(d); and (iii) A statement that the owner or operator will comply with the provisions of § 65.63 by the schedules specified in § 65.63(f)(4) through (6). (2) For process vents that become Group 1 process vents after a process change requiring a performance test to be conducted for the control device being used as specified in subpart G of this part, the owner or operator shall specify that the performance test has become necessary due to a process change. This specification shall be made in the notification to the Administrator of the intent to conduct a performance test as provided in § 65.164(b)(1). (3) Whenever a process change as described in § 65.63(f) is made that changes the group status of a process vent from Group 1 to Group 2A, or from Group 1 to Group 2B, or from Group 2A to Group 2B, the owner or operator shall include a statement in the next periodic report after the process change that a process change has been made and the new group status of the process vents. (4) The owner or operator is not required to submit a report of a process change if one of the following conditions is met: (i) The change does not meet the definition o… | ||||
| 40:40:17.0.1.1.2.4.1.9 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | D | Subpart D—Process Vents | §§ 65.68-65.79 [Reserved] | EPA | |||||
| 40:40:17.0.1.1.2.5.1.1 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | E | Subpart E—Transfer Racks | § 65.80 Applicability. | EPA | (a) The provisions of this subpart and of subpart A of this part apply to control of regulated material emissions from transfer racks where a referencing subpart references the use of this subpart for such emissions control. (b) If a physical or process change is made that causes a transfer rack to fall outside the criteria in the referencing subpart that required the transfer rack to control emission of regulated material, the owner or operator may elect to comply with the provisions for transfer racks not subject to control contained in the referencing subpart instead of the provisions of this subpart. | ||||
| 40:40:17.0.1.1.2.5.1.2 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | E | Subpart E—Transfer Racks | § 65.81 Definitions. | EPA | All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. | ||||
| 40:40:17.0.1.1.2.5.1.3 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | E | Subpart E—Transfer Racks | § 65.82 Design requirements. | EPA | (a) The owner or operator shall equip each transfer rack with either one of the following equipment: (1) A closed vent system which routes the regulated material vapors to a control device as provided in § 65.83(a)(1) and (2). (2) Process piping which routes the regulated material vapors to a process or a fuel gas system as provided in § 65.83(a)(4), or to a vapor balance system as provided in § 65.83(a)(3). (b) Each closed vent system shall be designed to collect the regulated material displaced from tank trucks or railcars during loading and to route the collected regulated material to a control device as provided in § 65.83(a)(1) and (2). (c) Process piping shall be designed to collect the regulated material displaced from tank trucks or railcars during loading and to route the collected regulated material vapors to a process or a fuel gas system as provided in § 65.83(a)(4), or to a vapor balance system as provided in § 65.83(a)(3). (d) Each closed vent system shall meet the applicable requirements of § 65.143. (e) If the collected regulated material vapors are routed to a process or a fuel gas system as provided in § 65.83(a)(4), then each owner or operator shall meet the applicable requirements of § 65.142(c). | ||||
| 40:40:17.0.1.1.2.5.1.4 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | E | Subpart E—Transfer Racks | § 65.83 Performance requirements. | EPA | (a) The owner or operator of the transfer rack shall comply with paragraph (a)(1), (2), (3), or (4) of this section. (1) 98 Percent or 20 parts per million by volume standard. Use a control device to reduce emissions of regulated material by 98 weight-percent or to an exit concentration of 20 parts per million by volume, whichever is less stringent. For combustion devices, the emission reduction or concentration shall be calculated on a dry basis, corrected to 3 percent oxygen. The owner or operator shall meet the applicable requirements of § 65.142(c). Compliance may be achieved by using any combination of control devices. (2) Flare. Reduce emissions of regulated material using a flare meeting the applicable requirements of § 65.142(c). (3) Vapor balancing. Reduce emissions of regulated material using a vapor balancing system designed and operated to collect regulated material vapors displaced from tank trucks or railcars during loading; and to route the collected regulated material vapors to the storage vessel from which the liquid being loaded originated, or to another storage vessel connected to a common header, or to compress and route collected regulated material vapors to a process. Transfer racks for which the owner or operator is using a vapor balancing system are exempt from the closed vent system design requirements of § 65.82(b) and (d), the halogenated vent stream control requirements of paragraph (b) of this section, the control device operation requirements of § 65.84(b), the monitoring requirements of § 65.86, and the requirements of subpart G of this part. (4) Route to a process or fuel gas system. Route emissions of regulated material to a process or fuel gas system. The owner or operator shall meet the applicable requirements of § 65.142(c) and is exempt from the closed vent system design requirements of paragraphs § 65.82(b) and (d), the halogenated vent stream control requirements of paragraph (b) of this section, the control device operation requirements of § 65.84(b), and the mo… | ||||
| 40:40:17.0.1.1.2.5.1.5 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | E | Subpart E—Transfer Racks | § 65.84 Operating requirements. | EPA | (a) Closed vent systems or process piping. An owner or operator of a transfer rack shall operate it in such a manner that emissions are routed through the equipment specified in either paragraph (a)(1) or (2) of this section. (1) A closed vent system which routes the regulated material vapors to a control device as provided in § 65.83(a)(1) and (2). (2) Process piping which routes the regulated material vapors to a process or a fuel gas system as provided in § 65.83(a)(4) or to a vapor balance system as provided in § 65.83(a)(3). (b) Control device operation. Whenever regulated material emissions are vented to a control device used to comply with the provisions of this subpart, such control device shall be operating. (c) Tank trucks and railcars. The owner or operator shall load regulated material only into tank trucks and railcars that meet one of the following two requirements and shall maintain the records specified in § 65.87: (1) Have a current certification in accordance with the U.S. Department of Transportation (DOT) pressure test requirements of 49 CFR part 180 for tank trucks and 49 CFR 173.31 for railcars; or (2) Have been demonstrated to be vapor-tight within the preceding 12 months as determined by the procedures in § 65.85(a). Vapor-tight means that the pressure in a truck or railcar tank will not drop more than 750 pascals (0.11 pound per square inch) within 5 minutes after it is pressurized to a minimum of 4,500 pascals (0.65 pound per square inch). (d) Pressure relief device. The owner or operator of a transfer rack subject to the provisions of this subpart shall ensure that no pressure relief device in the loading equipment of each tank truck or railcar shall begin to open to the atmosphere during loading. Pressure relief devices needed for safety purposes are not subject to paragraph (d) of this section. (e) Compatible system. The owner or operator of a transfer rack subject to the provisions of this subpart shall load regulated material only to tank trucks or railcars equippe… | ||||
| 40:40:17.0.1.1.2.5.1.6 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | E | Subpart E—Transfer Racks | § 65.85 Procedures. | EPA | (a) Vapor tightness. For the purposes of demonstrating vapor tightness to determine compliance with § 65.84(c)(2), the following procedures and equipment shall be used: (1) The pressure test procedures specified in Method 27 of appendix A of 40 CFR part 60; and (2) A pressure measurement device that has a precision of ±2.5 millimeters of mercury (0.10 inch) or better and that is capable of measuring above the pressure at which the tank truck or railcar is to be tested for vapor tightness. (b) Engineering assessment. Engineering assessment to determine if a vent stream is halogenated or flow rate of a gas stream includes, but is not limited to, the following examples: (1) Previous test results, provided the tests are representative of current operating practices at the process unit. (2) Bench-scale or pilot-scale test data representative of the process under representative operating conditions. (3) Maximum flow rate or halogen emission rate specified or implied within a permit limit applicable to the process vent. (4) Design analysis based on accepted chemical engineering principles, measurable process parameters, or physical or chemical laws or properties. (5) All data, assumptions, and procedures used in the engineering assessment shall be documented. (c) Halogenated vent stream determination. In order to determine whether a vent stream is halogenated, the mass emission rate of halogen atoms contained in organic compounds shall be calculated as specified in paragraphs (c)(1) and (2) of this section. (1) The vent stream concentration of each organic compound containing halogen atoms (parts per million by volume by compound) shall be determined based on any of the following procedures: (i) Process knowledge that no halogen or hydrogen halides are present in the vent stream; or (ii) Applicable engineering assessment as specified in paragraph (b) of this section; or (iii) Concentration of organic compounds containing halogens measured by Method 18 of appendix A of 40 CFR part 60; or (iv) Any othe… | ||||
| 40:40:17.0.1.1.2.5.1.7 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | E | Subpart E—Transfer Racks | § 65.86 Monitoring. | EPA | The owner or operator of a transfer rack equipped with a closed vent system and control device pursuant to § 65.83(a)(1) or (2) shall monitor the closed vent system and control device as required under the applicable paragraphs specified in § 65.142(c). | ||||
| 40:40:17.0.1.1.2.5.1.8 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | E | Subpart E—Transfer Racks | § 65.87 Recordkeeping provisions. | EPA | The owner or operator of a transfer rack shall record that either the verification of U.S. Department of Transportation (DOT) tank certification or Method 27 of appendix A of 40 CFR part 60 testing required in § 65.84(c) has been performed. Various methods for the record of verification can be used, such as a check off on a log sheet, a list of DOT serial numbers or Method 27 data, or a position description for gate security showing that the security guard will not allow any trucks on-site that do not have the appropriate documentation. | ||||
| 40:40:17.0.1.1.2.5.1.9 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | E | Subpart E—Transfer Racks | §§ 65.88-65.99 [Reserved] | EPA | |||||
| 40:40:17.0.1.1.2.6.1.1 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.100 Applicability. | EPA | (a) Equipment subject to this subpart. The provisions of this subpart and subpart A of this part apply to equipment that contains or contacts regulated material. Compliance with this subpart instead of the referencing subpart does not alter the applicability of the referencing subpart. This subpart applies only to the equipment to which the referencing subpart applies. This part does not extend applicability to equipment that is not regulated by the referencing subpart. (b) Equipment in vacuum service. Equipment in vacuum service is excluded from the requirements of this subpart. (c) Equipment in service less than 300 hours per calendar year. Equipment intended to be in regulated material service less than 300 hours per calendar year is excluded from the requirements of §§ 65.106 through 65.115 and § 65.117 if it is identified as required in § 65.103(b)(6). (d) Lines and equipment not containing process fluids. Lines and equipment not containing process fluids are not subject to the provisions of this subpart. Utilities and other nonprocess lines, such as heating and cooling systems that do not combine their materials with those in the processes they serve, are not considered to be part of a process unit. | ||||
| 40:40:17.0.1.1.2.6.1.10 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.109 Standards: Agitators in gas/vapor service and in light liquid service. | EPA | (a) Compliance schedule. The owner or operator shall comply with this section no later than the implementation date specified in § 65.1(f). (b) Leak detection —(1) Monitoring method. Each agitator seal shall be monitored monthly to detect leaks by the methods specified in § 65.104(b) and (c), except as provided in § 65.102(b) or paragraph (e) of this section. (2) Instrument reading that defines a leak. If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected. (3) Visual inspection. Each agitator seal shall be checked by visual inspection each calendar week for indications of liquids dripping from the agitator seal. The owner or operator shall document that the inspection was conducted and the date of the inspection. If there are indications of liquids dripping from the agitator seal, the owner or operator shall comply with either of the following procedures prior to the next required inspection: (i) The owner or operator shall monitor the agitator seal as specified in § 65.104(b) and (c) to determine if there is a leak of regulated material. If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected, and it shall be repaired according to paragraph (d) of this section. (ii) The owner or operator shall eliminate the indications of liquids dripping from the agitator seal. (c) [Reserved] (d) Leak repair. If a leak is detected, then the leak shall be repaired using the procedures in § 65.105(a). (e) Special provisions for agitators —(1) Dual mechanical seal. Each agitator equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of paragraph (b) of this section provided the requirements specified in paragraphs (e)(1)(i) through (vi) of this section are met. (i) Each dual mechanical seal system shall meet any one of the following requirements: (A) Operated with the barrier fluid at a pressure that is at all times (except during periods of startup, shutdown, or malfun… | ||||
| 40:40:17.0.1.1.2.6.1.11 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.110 Standards: Pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in liquid service; and instrumentation systems. | EPA | (a) Compliance schedule. The owner or operator shall comply with this section no later than the implementation date specified in § 65.1(f). (b) Leak detection. Unless otherwise specified in § 65.102(b), the owner or operator shall comply with the following: (1) Monitoring method. Pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in light liquid or heavy liquid service; and instrumentation systems shall be monitored within 5 calendar days by the method specified in § 65.104(b) and (c) if evidence of a potential leak to the atmosphere is found by visual, audible, olfactory, or any other detection method, unless the potential leak is repaired as required in paragraph (c) of this section. (2) Instrument reading that defines a leak. If an instrument reading of 10,000 parts per million or greater for agitators, 5,000 parts per million or greater for pumps handling polymerizing monomers, 2,000 parts per million or greater for all other pumps (including pumps in food/medical service), or 500 parts per million or greater for valves, connectors, instrumentation systems, and pressure relief devices is measured pursuant to paragraph (b)(1) of this section, a leak is detected and it shall be repaired pursuant to § 65.105, as applicable. (c) Leak repair. For equipment identified in paragraph (b) of this section that is not monitored by the method specified in § 65.104(b), repaired shall mean that the visual, audible, olfactory, or other indications of a leak to the atmosphere have been eliminated; that no bubbles are observed at potential leak sites during a leak check using soap solution; or that the system will hold a test pressure. | ||||
| 40:40:17.0.1.1.2.6.1.12 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.111 Standards: Pressure relief devices in gas/vapor service. | EPA | (a) Compliance schedule. The owner or operator shall comply with this section no later than the implementation date specified in § 65.1(f). (b) Compliance standard. Except during pressure releases as provided for in paragraph (c) of this section, each pressure relief device in gas/vapor service shall be operated with an instrument reading of less than 500 parts per million as measured by the method specified in § 65.104(b) and (c). (c) Pressure relief requirements. (1) After each pressure release, the pressure relief device shall be returned to a condition indicated by an instrument reading of less than 500 parts per million, as soon as practical, but no later than 5 calendar days after each pressure release except as provided in § 65.105(d). (2) The pressure relief device shall be monitored no later than 5 calendar days after the pressure release and being returned to regulated material service to confirm the condition indicated by an instrument reading of less than 500 parts per million as measured by the method specified in § 65.104(b) and (c). (3) The owner or operator shall record the dates and results of the monitoring required by paragraph (c)(2) of this section following a pressure release including maximum instrument reading measured during the monitoring and the background level measured if the instrument reading is adjusted for background. (d) Pressure relief devices routed to a process or fuel gas system or equipped with a closed vent system and control device. Any pressure relief device that is routed to a process or fuel gas system or equipped with a closed vent system capable of capturing and transporting leakage from the pressure relief device to a control device meeting the requirements of § 65.115 is exempt from the requirements of paragraphs (b) and (c) of this section. (e) Rupture disk exemption. Any pressure relief device that is equipped with a rupture disk upstream of the pressure relief device is exempt from the requirements of paragraphs (b) and (c) of this section provide… | ||||
| 40:40:17.0.1.1.2.6.1.13 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.112 Standards: Compressors. | EPA | (a) Compliance schedule. The owner or operator shall comply with this section no later than the implementation date specified in § 65.1(f). (b) Seal system standard. Each compressor shall be equipped with a seal system that includes a barrier fluid system and that prevents leakage of process fluid to the atmosphere except as provided in § 65.102(b) and paragraphs (e) and (f) of this section. Each compressor seal system shall meet any one of the following requirements: (1) Operated with the barrier fluid at a pressure that is greater than the compressor stuffing box pressure at all times (except during periods of start-up, shutdown, or malfunction); or (2) Equipped with a barrier fluid system degassing reservoir that is routed to a process or fuel gas system, or connected by a closed vent system to a control device that meets the requirements of § 65.115; or (3) Equipped with a closed-loop system that purges the barrier fluid directly into a process stream. (c) Barrier fluid system. The barrier fluid shall not be in light liquid service. Each barrier fluid system shall be equipped with a sensor that will detect failure of the seal system, barrier fluid system, or both. Each sensor shall be observed daily or shall be equipped with an alarm unless the compressor is located within the boundary of an unmanned plant site. (d) Failure criterion and leak detection. (1) The owner or operator shall determine, based on design considerations and operating experience, a criterion that indicates failure of the seal system, the barrier fluid system, or both. If the sensor indicates failure of the seal system, the barrier fluid system, or both based on the criterion, a leak is detected and shall be repaired pursuant to § 65.105, as applicable. (2) The owner or operator shall keep records of the design criteria and an explanation of the design criteria, and any changes to these criteria and the reasons for the changes. (e) Routed to a process or fuel gas system or equipped with a closed vent system. A compressor… | ||||
| 40:40:17.0.1.1.2.6.1.14 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.113 Standards: Sampling connection systems. | EPA | (a) Compliance schedule. The owner or operator shall comply with this section no later than the implementation date specified in § 65.1(f). (b) Equipment requirement. Each sampling connection system shall be equipped with a closed-purge, closed-loop, or closed vent system except as provided in paragraph (d) of this section or § 65.102(b). Gases displaced during filling of the sample container are not required to be collected or captured. (c) Equipment design and operation. Each closed-purge, closed-loop, or closed vent system as required in paragraph (b) of this section shall meet the following applicable requirements: (1) The system shall return the purged process fluid directly to a process line or to a fuel gas system; or (2) Collect and recycle the purged process fluid to a process; or (3) Be designed and operated to capture and transport all the purged process fluid to a control device that meets the requirements of § 65.115; or (4) Collect, store, and transport the purged process fluid to any of the following systems or facilities: (i) A waste management unit as defined in 40 CFR 63.111, if the waste management unit is complying with the provisions of 40 CFR part 63, subpart G, applicable to Group 1 wastewater streams. For sources referenced to this part from 40 CFR part 63, subpart H, and if the purged process fluid does not contain any organic HAP listed in table 9 of 40 CFR part 63, subpart G, the waste management unit need not be subject to and operated in compliance with the requirements of 40 CFR part 63, subpart G, applicable to Group 1 wastewater steams provided the facility has a National Pollution Discharge Elimination System (NPDES) permit or sends the wastewater to an NPDES-permitted facility; or (ii) A treatment, storage, or disposal facility subject to regulation under 40 CFR part 262, 264, 265, or 266; or (iii) A facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste, if the process fluids are not hazardous waste as defined in 40 CF… | ||||
| 40:40:17.0.1.1.2.6.1.15 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.114 Standards: Open-ended valves or lines. | EPA | (a) Compliance schedule. The owner or operator shall comply with this section no later than the implementation date specified in § 65.1(f). (b) Equipment and operational requirements. (1) Each open-ended valve or line shall be equipped with a cap, blind flange, plug, or a second valve except as provided in § 65.102(b) and paragraphs (c) and (d) of this section. The cap, blind flange, plug, or second valve shall seal the open end at all times except during operations requiring process fluid flow through the open-ended valve or line, or during maintenance. The operational provisions of paragraphs (b)(2) and (3) of this section also apply. (2) Each open-ended valve or line equipped with a second valve shall be operated in a manner such that the valve on the process fluid end is closed before the second valve is closed. (3) When a double block and bleed system is being used, the bleed valve or line may remain open during operations that require venting the line between the block valves but shall comply with paragraph (b)(1) of this section at all other times. (c) Emergency shutdown exemption. Open-ended valves or lines in an emergency shutdown system that are designed to open automatically in the event of a process upset are exempt from the requirements of paragraph (b) of this section. (d) Polymerizing materials exemption. Open-ended valves or lines containing materials that would autocatalytically polymerize or would present an explosion, serious overpressure, or other safety hazard if capped or equipped with a double block and bleed system as specified in paragraph (b) of this section are exempt from the requirements of paragraph (b) of this section. | ||||
| 40:40:17.0.1.1.2.6.1.16 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.115 Standards: Closed vent systems and control devices; or emissions routed to a fuel gas system or process. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006] | (a) Compliance schedule. The owner or operator shall comply with this section no later than the implementation date specified in § 65.1(f). (b) Compliance standard. (1) Owners or operators of closed vent systems and nonflare control devices used to comply with provisions of this subpart shall design and operate the closed vent systems and nonflare control devices to reduce emissions of regulated material with an efficiency of 95 percent or greater, or to reduce emissions of regulated material to a concentration of 20 parts per million by volume or, for an enclosed combustion device, to provide a minimum residence time of 0.50 second at a minimum of 760 °C (1400 °F). Owners and operators of closed vent systems and nonflare control devices used to comply with this part shall comply with the provisions of § 65.142(d), except as provided in § 65.102(b). Note that this includes the startup, shutdown, and malfunction provisions of § 65.6. (2) Owners or operators of closed vent systems and flares used to comply with the provisions of this subpart shall design and operate the flare as specified in § 65.142(d), except as provided in § 65.102(b). Note that this includes the startup, shutdown, and malfunction provisions of § 65.6. (3) Owners or operators routing emissions from equipment leaks to a fuel gas system or process shall comply with the provisions of § 65.142(d), except as provided in § 65.102(b). | |||
| 40:40:17.0.1.1.2.6.1.17 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.116 Quality improvement program for pumps. | EPA | (a) Criteria. If, on a 6-month rolling average, at least the greater of either 10 percent of the pumps in a process unit (or plant site) or three pumps in a process unit (or plant site) leak, the owner or operator shall comply with the following requirements: (1) Pumps that are in food/medical service or in polymerizing monomer service shall comply with all requirements except for those specified in paragraph (d)(8) of this section. (2) Pumps that are not in food/medical or polymerizing monomer service shall comply with all requirements of this section. (b) Exiting the QIP. The owner or operator shall comply with the requirements of this section until the number of leaking pumps is less than the greater of either 10 percent of the pumps or three pumps calculated as a 6-month rolling average in the process unit (or plant site). Once the performance level is achieved, the owner or operator shall comply with the requirements in § 65.107. (c) Resumption of QIP. If in a subsequent monitoring period, the process unit (or plant site) has the greater of either 10 percent of the pumps leaking or three pumps leaking (calculated as a 6-month rolling average), the owner or operator shall resume the quality improvement program starting at performance trials. (d) QIP requirements. The quality improvement program shall meet the requirements specified in paragraphs (d)(1) through (8) of this section. (1) The owner or operator shall comply with the requirements in § 65.107. (2) Data collection. The owner or operator shall collect the data specified in paragraphs (d)(2)(i) through (v) of this section and maintain records for each pump in each process unit (or plant site) subject to the quality improvement program. The data may be collected and the records may be maintained on a process unit or plant site basis. (i) Pump type (for example, piston, horizontal or vertical centrifugal, gear, bellows); pump manufacturer; seal type and manufacturer; pump design (for example, external shaft, flanged body); materials of … | ||||
| 40:40:17.0.1.1.2.6.1.18 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.117 Alternative means of emission limitation: Batch processes. | EPA | (a) General requirement. As an alternative to complying with the requirements of §§ 65.106 through 65.114 and § 65.116, an owner or operator of a batch process that operates in regulated material service during the calendar year may comply with one of the standards specified in paragraphs (b) and (c) of this section, or the owner or operator may petition for approval of an alternative standard under the provisions of § 65.102(b). The alternative standards of this section provide the options of pressure testing or monitoring the equipment for leaks. The owner or operator may switch among the alternatives provided the change is documented as specified in paragraph (b)(7) of this section. (b) Pressure testing of the batch equipment. The following requirements shall be met if an owner or operator elects to use pressure testing of batch product-process equipment to demonstrate compliance with this subpart: (1) Reconfiguration. Each time equipment is reconfigured for production of a different product or intermediate, the batch product-process equipment train shall be pressure-tested for leaks before regulated material is first fed to the equipment and the equipment is placed in regulated material service. (i) When the batch product-process equipment train is reconfigured to produce a different product, pressure testing is required only for the new or disturbed equipment. (ii) Each batch product-process that operates in regulated material service during a calendar year shall be pressure-tested at least once during that calendar year. (iii) Pressure testing is not required for routine seal breaks, such as changing hoses or filters, that are not part of the reconfiguration to produce a different product or intermediate. (2) Testing procedures. The batch product-process equipment shall be tested either using the procedures specified in paragraph (b)(5) of this section for pressure vacuum loss or with a liquid using the procedures specified in paragraph (b)(6) of this section. (3) Leak detection. (i) For pr… | ||||
| 40:40:17.0.1.1.2.6.1.19 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.118 Alternative means of emission limitation: Enclosed-vented process units. | EPA | (a) Use of closed vent system and control device. Process units that are enclosed in such a manner that all emissions from equipment leaks are routed to a process or fuel gas system or collected and vented through a closed vent system to a control device meeting the requirements of § 65.115 are exempt from the requirements of §§ 65.106 through 65.114 and § 65.116. The enclosure shall be maintained under a negative pressure at all times while the process unit is in operation to ensure that all emissions are routed to a control device. (b) Recordkeeping. Owners and operators choosing to comply with the requirements of this section shall maintain the following records: (1) Identification of the process unit(s) and the regulated materials they handle. (2) A schematic of the process unit, enclosure, and closed vent system. (3) A description of the system used to create a negative pressure in the enclosure to ensure that all emissions are routed to the control device. | ||||
| 40:40:17.0.1.1.2.6.1.2 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.101 Definitions. | EPA | All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. | ||||
| 40:40:17.0.1.1.2.6.1.20 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.119 Recordkeeping provisions. | EPA | (a) Recordkeeping system. An owner or operator of more than one regulated source subject to the provisions of this subpart may comply with the recordkeeping requirements for these regulated sources in one recordkeeping system. The recordkeeping system shall identify each record by regulated source and the type of program being implemented (for example, quarterly monitoring, quality improvement) for each type of equipment. The records required by this subpart are summarized in paragraphs (b) and (c) of this section. (b) General equipment leak records. (1) As specified in § 65.103(a) through (c), the owner or operator shall keep general and specific equipment identification if the equipment is not physically tagged and the owner or operator is electing to identify the equipment subject to subpart F of this part through written documentation such as a log or other designation. (2) The owner or operator shall keep a written plan as specified in § 65.103(c)(4) for any equipment that is designated as unsafe- or difficult-to-monitor. (3) The owner or operator shall maintain a record of the identity and an explanation as specified in § 65.103(d)(2) for any equipment that is designated as unsafe to repair. (4) As specified in § 65.103(e), the owner or operator shall maintain a record of the identity of compressors operating with an instrument reading of less than 500 parts per million. (5) The owner or operator shall keep records associated with the determination that equipment is in heavy liquid service as specified in § 65.103(f). (6) The owner or operator shall keep records for leaking equipment as specified in § 65.104(e)(2). (7) The owner or operator shall keep records for leak repair as specified in § 65.105(f) and records for delay of repair as specified in § 65.105(d). (8) For instrument response factor criteria determinations performed pursuant to § 65.104(b)(2)(i), the owner or operator shall maintain a record of an engineering assessment that identifies the representative composition of the process … | ||||
| 40:40:17.0.1.1.2.6.1.21 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.120 Reporting provisions. | EPA | (a) Initial Compliance Status Report. Unless the information specified in paragraphs (a)(1) through (3) of this section has previously been submitted under the referencing subpart, each owner or operator shall submit an Initial Compliance Status Report according to the procedures in § 65.5(d). The notification shall include the information listed in paragraphs (a)(1) through (3) of this section, as applicable. (1) The notification shall provide the following information for each process unit subject to the requirements of this subpart: (i) Process unit identification; (ii) Number of each equipment type (for example, valves, pumps) excluding equipment in vacuum service; and (iii) Method of compliance with the standard (for example, “monthly leak detection and repair” or “equipped with dual mechanical seals”). (2) The notification shall provide the following information for each process unit subject to the requirements of § 65.117(b): (i) Batch products or product codes subject to the provisions of this subpart; and (ii) Planned schedule for pressure testing when equipment is configured for production of products subject to the provisions of this subpart. (3) The notification shall provide the following information for each process unit subject to the requirements in § 65.118: (i) Process unit identification; (ii) A description of the system used to create a negative pressure in the enclosure, and the control device used to comply with the requirements of subpart G of this part. (b) Periodic reports. The owner or operator shall report the information specified in paragraphs (b)(1) through (9) of this section, as applicable, in the periodic report specified in § 65.5(e). (1) For the equipment specified in paragraphs (b)(1)(i) through (v) of this section, report in a summary format by equipment type the number of components for which leaks were detected, and for valves, pumps, and connectors show the percent leakers and the total number of components monitored. Also include the number of leaking compo… | ||||
| 40:40:17.0.1.1.2.6.1.22 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | §§ 65.121-65.139 [Reserved] | EPA | |||||
| 40:40:17.0.1.1.2.6.1.3 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.102 Alternative means of emission limitation. | EPA | (a) Performance standard exemption. The provisions of paragraph (b) of this section do not apply to the performance standards of § 65.111(b) for pressure relief devices or § 65.112(f) for compressors operating under the alternative compressor standard. (b) Requests by owners or operators. An owner or operator may request a determination of alternative means of emission limitation to the requirements of §§ 65.106 through 65.115 as provided in paragraph (d) of this section. If the Administrator makes a determination that a means of emission limitation is a permissible alternative, the owner or operator shall either comply with the alternative or comply with the requirements of §§ 65.106 through 65.115. (c) Requests by manufacturers of equipment. (1) Manufacturers of equipment used to control equipment leaks of a regulated material may apply to the Administrator for approval of an alternative means of emission limitation that achieves a reduction in emissions of the regulated material equivalent to the reduction achieved by the equipment, design, and operational requirements of this subpart. (2) The Administrator will grant permission according to the provisions of paragraph (d) of this section. (d) Permission to use an alternative means of emission limitation. Permission to use an alternative means of emission limitation shall be governed by the procedures in paragraph (d)(1) through (4) of this section. (1) Where the standard is an equipment, design, or operational requirement, the following requirements apply: (i) Each owner or operator applying for permission to use an alternative means of emission limitation shall be responsible for collecting and verifying emission performance test data for an alternative means of emission limitation. (ii) The Administrator will compare test data for the means of emission limitation to test data for the equipment, design, and operational requirements. (iii) The Administrator may condition the permission on requirements that may be necessary to ensure operation … | ||||
| 40:40:17.0.1.1.2.6.1.4 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.103 Equipment identification. | EPA | (a) General equipment identification. Equipment subject to this subpart shall be identified. Identification of the equipment does not require physical tagging of the equipment. For example, the equipment may be identified on a plant site plan, in log entries, by designation of process unit boundaries, by some form of weatherproof identification, or by other appropriate methods. (b) Additional equipment identification. In addition to the general identification required by paragraph (a) of this section, equipment subject to any of the provisions in §§ 65.106 through 65.115 shall be specifically identified as required in paragraphs (b)(1) through (6) of this section, as applicable. Paragraph (b) of this section does not apply to an owner or operator of a batch product-process who elects to pressure test the batch product-process equipment train pursuant to § 65.117. (1) Connectors. Except for inaccessible, ceramic, or ceramic-lined connectors meeting the provisions of § 65.108(e)(2), and instrumentation systems identified pursuant to paragraph (b)(5) of this section, identify the connectors subject to the requirements of this subpart. Connectors subject to § 65.108(e)(3) shall be distinguished from other connectors. Connectors need not be individually identified if all connectors in a designated area or length of pipe subject to the provisions of this subpart are identified as a group, and the number of connectors subject is indicated. With respect to connectors, the identification shall be complete no later than the completion of the initial survey required by § 65.108(a). (2) [Reserved] (3) Routed to a process or fuel gas system or equipped with a closed vent system and control device. Identify the equipment that the owner or operator elects to route to a process or fuel gas system or equip with a closed vent system and control device under the provisions of § 65.107(e)(3) (pumps in light liquid service), § 65.109(e)(3) (agitators), § 65.111(d) (pressure relief devices in gas/vapor service), § 65.112(e… | ||||
| 40:40:17.0.1.1.2.6.1.5 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.104 Instrument and sensory monitoring for leaks. | EPA | (a) Monitoring for leaks. The owner or operator of a regulated source subject to this subpart shall monitor regulated equipment as specified in paragraph (a)(1) of this section for instrument monitoring and paragraph (a)(2) of this section for sensory monitoring. (1) Instrument monitoring for leaks. (i) Valves in gas/vapor service and in light liquid service shall be monitored pursuant to § 65.106(b). (ii) Pumps in light liquid service shall be monitored pursuant to § 65.107(b). (iii) Connectors in gas/vapor service and in light liquid service shall be monitored pursuant to § 65.108(b). (iv) Agitators in gas/vapor service and in light liquid service shall be monitored pursuant to § 65.109(b). (v) Pressure relief devices in gas/vapor service shall be monitored pursuant to § 65.111(b) and (c). (vi) Compressors designated to operate with an instrument reading less than 500 parts per million as described in § 65.103(e) shall be monitored pursuant to § 65.112(f). (2) Sensory monitoring for leaks. (i) Pumps in light liquid service shall be observed pursuant to § 65.107(b)(4) and (e)(1)(v). (ii) Agitators in gas/vapor service and in light liquid service shall be observed pursuant to § 65.109(b)(3) or (e)(1)(v). (b) Instrument monitoring methods. Instrument monitoring as required under this subpart shall comply with the requirements specified in paragraphs (b)(1) through (6) of this section. (1) Monitoring method. Monitoring shall comply with Method 21 of appendix A of 40 CFR part 60, except as otherwise provided in this section. (2) Detection instrument performance criteria. (i) Except as provided for in paragraph (b)(2)(ii) of this section, the detection instrument shall meet the performance criteria of Method 21 of appendix A of 40 CFR part 60, except the instrument response factor criteria in section 3.1.2(a) of Method 21 shall be for the representative composition of the process fluid not each individual organic compound in the stream. For process streams that contain nitrogen, air, water, or … | ||||
| 40:40:17.0.1.1.2.6.1.6 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.105 Leak repair. | EPA | (a) Leak repair schedule. The owner or operator shall repair each leak detected as soon as practical but not later than 15 calendar days after it is detected except as provided in paragraph (d) or (e) of this section. A first attempt at repair as defined in subpart A of this part shall be made no later than 5 calendar days after the leak is detected. First attempt at repair for pumps includes, but is not limited to, tightening the packing gland nuts and/or ensuring that the seal flush is operating at design pressure and temperature. First attempt at repair for valves includes, but is not limited to, tightening the bonnet bolts, and/or replacing the bonnet bolts, and/or tightening the packing gland nuts, and/or injecting lubricant into the lubricated packing. (b) [Reserved] (c) Leak identification removal —(1) Valves and connectors. The leak identification on a valve in gas/vapor or light liquid service may be removed after it has been monitored as specified in § 65.106(d)(2) and no leak has been detected during that monitoring. The leak identification on a connector in gas/vapor or light liquid service may be removed after it has been monitored as specified in § 65.108(b)(3)(iv) and no leak has been detected during that monitoring. (2) Other equipment. The identification that has been placed pursuant to § 65.104(e)(1) on equipment determined to have a leak, except for a valve or for a connector that is subject to the provisions of § 65.108(b)(3)(iv), may be removed after it is repaired. (d) Delay of repair. Delay of repair is allowed for any of the conditions specified in paragraphs (d)(1) through (5) of this section. The owner or operator shall maintain a record of the facts that explain any delay of repairs and, where appropriate, why repair within 15 days was technically infeasible without a process unit shutdown. (1) Delay of repair of equipment for which leaks have been detected is allowed if repair within 15 days after a leak is detected is technically infeasible without a process unit shutdow… | ||||
| 40:40:17.0.1.1.2.6.1.7 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.106 Standards: Valves in gas/vapor service and in light liquid service. | EPA | (a) Compliance schedule. (1) The owner or operator shall comply with this section no later than the implementation date specified in § 65.1(f). (2) The use of monitoring data generated before the regulated source became subject to the referencing subpart to qualify initially for less frequent monitoring is governed by the provisions of § 65.104(b)(6). (b) Leak detection. Unless otherwise specified in § 65.102(b) or paragraph (e) of this section, the owner or operator shall monitor all valves at the intervals specified in paragraphs (b)(3) and/or (b)(4) of this section and shall comply with all other provisions of this section. (1) Monitoring method. The valves shall be monitored to detect leaks by the method specified in § 65.104(b) and (c). (2) Instrument reading that defines a leak. The instrument reading that defines a leak is 500 parts per million or greater. (3) Monitoring frequency. The owner or operator shall monitor valves for leaks at the intervals specified in paragraphs (b)(3)(i) through (v) of this section and shall keep the record specified in paragraph (b)(3)(vi) of this section. (i) If at least the greater of two valves or 2 percent of the valves in a process unit leak, as calculated according to paragraph (c) of this section, the owner or operator shall monitor each valve once per month. (ii) At process units with less than the greater of two leaking valves or 2 percent leaking valves, the owner or operator shall monitor each valve once each quarter except as provided in paragraphs (b)(3)(iii) through (v) of this section. Monitoring data generated before the regulated source became subject to the referencing subpart and meeting the criteria of either § 65.104(b)(1) through (5) or § 65.104(b)(6) may be used to qualify initially for less frequent monitoring under paragraphs (b)(3)(iii) through (v) of this section. (iii) At process units with less than 1 percent leaking valves, the owner or operator may elect to monitor each valve once every 2 quarters. (iv) At process units with l… | ||||
| 40:40:17.0.1.1.2.6.1.8 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.107 Standards: Pumps in light liquid service. | EPA | (a) Compliance schedule. The owner or operator shall comply with this section no later than the implementation date specified in § 65.1(f). (b) Leak detection. Unless otherwise specified in § 65.102(b) or paragraph (e) of this section, the owner or operator shall monitor each pump to detect leaks and shall comply with all other provisions of this section. (1) Monitoring method. The pumps shall be monitored monthly to detect leaks by the method specified in § 65.104(b) and (c). (2) Instrument reading that defines a leak. The following leak definitions determined through instrument readings apply: (i) 5,000 parts per million or greater for pumps handling polymerizing monomers; (ii) 2,000 parts per million or greater for pumps in food/medical service; and (iii) 1,000 parts per million or greater for all other pumps. (3) Leak repair exception. For pumps to which a 1,000 parts per million leak definition applies, repair is not required unless an instrument reading of 2,000 parts per million or greater is detected. (4) Visual inspection. Each pump shall be checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. The owner or operator shall document that the inspection was conducted and the date of the inspection. If there are indications of liquids dripping from the pump seal at the time of the weekly inspection, the owner or operator shall comply with either of the following procedures: (i) The owner or operator shall monitor the pump as specified in § 65.104(b) and (c) unless the pump has already been monitored since the last routine monthly monitoring required by paragraph (b)(1) of this section. If monitoring is performed and the instrument reading indicates a leak as specified in paragraph (b)(2) of this section, a leak is detected and the leak shall be repaired using the procedures in § 65.105, except as specified in paragraph (b)(3) of this section; or (ii) The owner or operator shall eliminate the visual indications of liquids dripping. (c) … | ||||
| 40:40:17.0.1.1.2.6.1.9 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | F | Subpart F—Equipment Leaks | § 65.108 Standards: Connectors in gas/vapor service and in light liquid service. | EPA | (a) Compliance schedule. Except as allowed in § 65.102(b) or as specified in paragraph (e) of this section, the owner or operator shall monitor all connectors in each process unit initially for leaks by either 12 months after the implementation date as specified in § 65.1(f) or 12 months after initial startup, whichever is later. If all connectors in each process unit have been monitored for leaks prior to the implementation date specified in § 65.1(f), no initial monitoring is required provided either no process changes have been made since the monitoring or the owner or operator can determine that the results of the monitoring, with or without adjustments, reliably demonstrate compliance despite process changes. If required to monitor because of a process change, the owner or operator is required to monitor only those connectors involved in the process change. (b) Leak detection. Except as allowed in § 65.102(b) or as specified in paragraph (e) of this section, the owner or operator shall monitor all connectors in gas/vapor and light liquid service as specified in paragraphs (a) and (b)(3) of this section. (1) Monitoring method. The connectors shall be monitored to detect leaks by the method specified in § 65.104(b) and (c). (2) Instrument reading that defines a leak. If an instrument reading greater than or equal to 500 parts per million is measured, a leak is detected. (3) Monitoring periods. The owner or operator shall perform monitoring, subsequent to the initial monitoring required in paragraph (a) of this section, as specified in paragraphs (b)(3)(i) through (iii) of this section, and shall comply with the requirements of paragraphs (b)(3)(iv) and (v) of this section. The required period in which monitoring must be conducted shall be determined from paragraphs (b)(3)(i) through (iii) of this section using the monitoring results from the preceding monitoring period. The percent leaking connectors shall be calculated as specified in paragraph (c) of this subpart. (i) If the percent leaking co… | ||||
| 40:40:17.0.1.1.2.7.1.1 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.140 Applicability. | EPA | The provisions of this subpart and of subpart A of this part (including the startup, shutdown, and malfunction provisions in § 65.6) apply to routing emissions to processes, fuel gas systems, closed vent systems, control devices, and recovery devices where another subpart expressly references the use of this subpart. | ||||
| 40:40:17.0.1.1.2.7.1.10 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.149 Boilers and process heaters. | EPA | (a) Boiler and process heater equipment and operating requirements. (1) Owners or operators using boilers and process heaters to meet the 98 weight-percent emission reduction or 20 parts per million by volume outlet concentration requirement as specified in § 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(B) for process vents, or § 65.83(a)(1) for high-throughput transfer racks, as applicable, shall meet the requirements of this section. (2) The vent stream shall be introduced into the flame zone of the boiler or process heater. (3) Boilers and process heaters used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Boiler and process heater performance test requirements. (1) Unless an initial performance test was previously conducted and submitted under the referencing subpart, and except as specified in § 65.157(b) and paragraph (b)(2) of this section, the owner or operator shall conduct an initial performance test of any boiler or process heater used to comply with the provisions of this subpart according to the procedures in §§ 65.157 and 65.158. Performance test records shall be kept as specified in § 65.160(a) and (b), and a performance test report shall be submitted as specified in § 65.164. As provided in § 65.145(b)(1), a performance test may be used as an alternative to the design evaluation for storage vessels and low-throughput transfer rack controls. As provided in § 65.146(b), no performance test is required to demonstrate compliance for equipment leaks. (2) An owner or operator is not required to conduct a performance test when any of the control devices specified in paragraphs (b)(2)(i) through (iii) of this section are used. The owner or operator shall report as specified in § 65.165(f). (i) A boiler or process heater with a design heat input capacity of 44 megawatts (150 million British thermal units per hour) or greater. (ii) A boiler or process heater into which the vent stream is introduced with the primary fuel or is used as… | ||||
| 40:40:17.0.1.1.2.7.1.11 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.150 Absorbers used as control devices. | EPA | (a) Absorber equipment and operating requirements. (1) Owners or operators using absorbers to meet the 98 weight-percent emission reduction or 20 parts per million by volume outlet concentration requirements as specified in § 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(A) for process vents, or § 65.83(a)(1) for high-throughput transfer racks, as applicable, shall meet the requirements of this section. (2) Absorbers used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Absorber performance test requirements. (1) Unless an initial performance test was previously conducted and submitted under the referencing subpart and except as specified in § 65.157(b), the owner or operator shall conduct an initial performance test of any absorber used as a control device to comply with the provisions of this subpart according to the procedures in §§ 65.157 and 65.158. Performance test records shall be kept as specified in § 65.160(a) and (b), and a performance test report shall be submitted as specified in § 65.164. As provided in § 65.145(b)(1), a performance test may be used as an alternative to the design evaluation for storage vessels and low-throughput transfer rack controls. As provided in § 65.146(b), no performance test is required to demonstrate compliance for equipment leaks. (2) Unless already permitted by the applicable title V permit, if an owner or operator elects to use an absorber to replace an existing recovery or control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, either of the following provisions, as applicable, shall be followed: (i) Replace final recovery device. If an owner or operator elects to replace the final recovery device on a process vent with an absorber used as a control device, the o… | ||||
| 40:40:17.0.1.1.2.7.1.12 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.151 Condensers used as control devices. | EPA | (a) Condenser equipment and operating requirements. (1) Owners or operators using condensers to meet the 98 weight-percent emission reduction or 20 parts per million by volume outlet concentration requirements as specified in § 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(A) for process vents, or § 65.83(a)(1) for high-throughput transfer racks, as applicable, shall meet the requirements of this section. (2) Condensers used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Condenser performance test requirements. (1) Unless an initial performance test was previously conducted and submitted under the referencing subpart and except as specified in § 65.157(b), the owner or operator shall conduct an initial performance test of any condenser used as a control device to comply with the provisions of this subpart according to the procedures in §§ 65.157 and 65.158. Performance test records shall be kept as specified in § 65.160(a) and (b), and a performance test report shall be submitted as specified in § 65.164. As provided in § 65.145(b)(1), a performance test may be used as an alternative to the design evaluation for storage vessels and low-throughput transfer rack controls. As provided in § 65.146(b), no performance test is required to demonstrate compliance for equipment leaks. (2) Unless already permitted by the applicable title V permit, if an owner or operator elects to use a condenser to replace an existing recovery or control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, either of the following provisions, as applicable, shall be followed: (i) Replace final recovery device. If an owner or operator elects to replace the final recovery device on a process vent with a condenser used as a control device, … | ||||
| 40:40:17.0.1.1.2.7.1.13 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.152 Carbon adsorbers used as control devices. | EPA | (a) Carbon adsorber equipment and operating requirements. (1) Owners or operators using carbon adsorbers to meet the 98 weight-percent emission reduction or 20 parts per million by volume outlet concentration requirements as specified in § 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(A) for process vents, or § 65.83(a)(1) for high-throughput transfer racks, as applicable, shall meet the requirements of this section. (2) Carbon adsorbers used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Carbon adsorber performance test requirements. (1) Unless an initial performance test was previously conducted and submitted under the referencing subpart and except as specified in § 65.157(b), the owner or operator shall conduct an initial performance test of any carbon absorber used as a control device to comply with the provisions of this subpart according to the procedures in §§ 65.157 and 65.158. Performance test records shall be kept as specified in § 65.160(a) and (b), and a performance test report shall be submitted as specified in § 65.164. As provided in § 65.145(b)(1), a performance test may be used as an alternative to the design evaluation for storage vessels and low-throughput transfer rack controls. As provided in § 65.146(b), no performance test is required to demonstrate compliance for equipment leaks. (2) Unless already permitted by the applicable title V permit, if an owner or operator elects to use a carbon adsorber to replace an existing recovery or control device at a later date, the owner or operator shall notify the Administrator either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, either of the following provisions, as applicable, shall be followed: (i) Replace final recovery device. If an owner or operator elects to replace the final recovery device on a process vent with a c… | ||||
| 40:40:17.0.1.1.2.7.1.14 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.153 Absorbers, condensers, carbon adsorbers, and other recovery devices used as final recovery devices. | EPA | (a) Final recovery device equipment and operating requirements. (1) Owners or operators using a recovery device to meet the requirement to operate and maintain a TRE above 1.0 as specified in § 65.63(a)(3) for process vents shall meet the requirements of this section. (2) Recovery devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Recovery device performance test requirements. (1) There are no performance test requirements for recovery devices. Records of TRE index value determination shall be generated as specified in § 65.160(c). (2) Replace a final recovery device or control device. Unless already permitted by the applicable title V permit, if an owner or operator elects to use a recovery device to replace an existing final recovery or control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, the owner or operator shall comply with the applicable provisions of §§ 65.63(e) and 65.67(b). (c) Recovery device monitoring requirements. (1) Where an absorber is the final recovery device in the recovery system and the TRE index value is between 1.0 and 4.0, either an organic monitoring device capable of providing a continuous record, or a scrubbing liquid temperature monitoring device and a specific gravity monitoring device, each capable of providing a continuous record, shall be used. Monitoring results shall be recorded as specified in § 65.161. General requirements for monitoring and continuous parameter monitoring systems are contained in § 65.156. (2) Where a condenser is the final recovery device in the recovery system and the TRE index value is between 1.0 and 4.0, an organic monitoring device capable of providing a continuous record, or a condenser exit (product side) temperature monito… | ||||
| 40:40:17.0.1.1.2.7.1.15 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.154 Halogen scrubbers and other halogen reduction devices. | EPA | (a) Halogen scrubber and other halogen reduction device equipment and operating requirements. (1) An owner or operator of halogen scrubbers and other halogen reduction devices subject to this subpart shall reduce the overall emissions of hydrogen halides and halogens by 99 percent, or reduce the outlet mass of total hydrogen halides and halogens to less than 0.45 kilograms per hour (0.99 pound per hour) as specified in § 65.63(b) for process vents, or § 65.83(b) for transfer racks, as applicable, and shall meet the requirements of this section. (2) Halogen scrubbers and other halogen reduction devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Halogen scrubber and other halogen reduction device performance test requirements. Unless an initial performance test was previously conducted and submitted under the referencing subpart, an owner or operator of a combustion device followed by a halogen scrubber or other halogen reduction device to control halogenated vent streams in accordance with § 65.63(b)(1) for process vents, or § 65.83(b)(1) for transfer racks shall conduct an initial performance test to determine compliance with the control efficiency or emission limits for hydrogen halides and halogens according to the procedures in §§ 65.157 and 65.158. Performance test records shall be kept as specified in § 65.160(a) and (b), and a performance test report shall be submitted as specified in § 65.164. (c) Halogen scrubber and other halogen reduction device monitoring requirements. (1) Where a halogen scrubber is used, the monitoring equipment specified in paragraphs (c)(1)(i) and (ii) of this section is required for the scrubber. Monitoring results shall be recorded as specified in § 65.161. General requirements for monitoring and continuous parameter monitoring systems are contained in § 65.156. (i) A pH monitoring device capable of providing a continuous record shall be installed to monitor the pH of the scrubber effluent. (… | ||||
| 40:40:17.0.1.1.2.7.1.16 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.155 Other control devices. | EPA | (a) Other control device equipment and operating requirements. (1) Owners or operators using a control device other than one listed in §§ 65.147 through 65.152 to meet the 98 weight-percent emission reduction or 20 parts per million by volume outlet concentration requirements specified in § 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(A) for process vents, or § 65.83(a)(1) for high-throughput transfer racks, as applicable, shall meet the requirements of this section. (2) Other control devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Other control device performance test requirements. (1) Unless an initial performance test was previously conducted and submitted under the referencing subpart, an owner or operator of a control device other than those specified in §§ 65.147 through 65.152, to comply with § 65.63(a)(2) for process vents, or § 65.83(a)(1) for high-throughput transfer racks, shall perform an initial performance test according to the procedures in §§ 65.157 and 65.158. Performance test records shall be kept as specified in § 65.160(a) and (b), and a performance test report shall be submitted as specified in § 65.164. (2) Unless already permitted by the applicable title V permit, if an owner or operator elects to use another control device to replace an existing control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated source's title V permit or, if title V is not applicable, by submission of the notice specified in § 65.167(a) before implementing the change. Upon implementing the change, another control device performance test shall be performed using the methods specified in §§ 65.157 and 65.158 within 180 days if required by paragraph (b)(1) of this section. The performance test report shall be submitted to the Administrator within 60 days of completing the determination as provided in § 65.164(b)(2). If an owner or operator elects to use a control device t… | ||||
| 40:40:17.0.1.1.2.7.1.17 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.156 General monitoring requirements for control and recovery devices. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006] | (a) General monitoring requirement applicability. (1) This section applies to the owner or operator of a regulated source required to monitor under this subpart. (2) Flares subject to § 65.147(c) are not subject to the requirements of this section. (3) Flow indicators are not subject to the requirements of this section. (b) Conduct of monitoring. (1) Monitoring shall be conducted as set forth in this section and in the relevant sections of this subpart unless either of the following provisions applies: (i) The Administrator specifies or approves the use of minor or intermediate changes in the specified monitoring requirements or procedures as provided in § 65.7(b), (c), and (d); or (ii) The Administrator specifies or approves the use of major changes in the specified monitoring requirements or procedures as provided in § 65.7(b), (c), and (d). (2) When one CPMS is used as a backup to another CPMS, the owner or operator shall report the results from the CPMS used to meet the monitoring requirements of this subpart. If both such CPMS are used during a particular reporting period to meet the monitoring requirements of this part, then the owner or operator shall report the results from each CPMS for the relevant compliance period. (c) Operation and maintenance of continuous parameter monitoring systems. (1) All monitoring equipment shall be installed, calibrated, maintained, and operated according to manufacturers specifications or other written procedures that provide adequate assurance that the equipment would reasonably be expected to monitor accurately. (2) The owner or operator of a regulated source shall maintain and operate each CPMS as specified in this section or in a relevant subpart and in a manner consistent with good air pollution control practices. (i) The owner or operator of a regulated source shall ensure the immediate repair or replacement of CPMS parts to correct “routine” or otherwise predictable CPMS malfunctions. The necessary parts for routine repairs of the affected equipment sh… | |||
| 40:40:17.0.1.1.2.7.1.18 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.157 Performance test and flare compliance determination requirements. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 72 FR 48942, Aug. 27, 2007; 72 FR 73626, Dec. 28, 2007] | (a) Performance tests and flare compliance determinations. Where §§ 65.145 through 65.155 require, or the owner or operator elects to conduct, a performance test of a nonflare control device or a halogen reduction device, or a compliance determination for a flare, the requirements of paragraphs (b) through (d) of this section apply. (b) Prior test results and waivers. Initial performance tests and initial flare compliance determinations are required only as specified in this subpart. (1) Unless requested by the Administrator, an owner or operator is not required to conduct a performance test or flare compliance determination under this subpart if a prior performance test or compliance determination was conducted using the same methods specified in § 65.158, and either no process changes have been made since the test or the owner or operator can demonstrate to the Administrator's satisfaction that the results of the performance test, with or without adjustments, reliably demonstrate compliance despite process changes. (2) Individual performance tests and flare compliance determinations may be waived upon written application to the Administrator per § 65.164(b)(3) if, in the Administrator's judgment, the source is meeting the relevant standard(s) on a continuous basis, or the source is being operated under an extension of compliance under 40 CFR part 63, or a waiver of compliance under 40 CFR part 61, or the owner or operator has requested an extension of compliance under 40 CFR part 63, or a waiver of compliance under 40 CFR part 61, and the Administrator is still considering that request. (3) Approval of any waiver granted under this section shall not abrogate the Administrator's authority under the Act or in any way prohibit the Administrator from later canceling the waiver. The cancellation will be made only after notification is given to the owner or operator of the source. (c) Performance tests and flare compliance determinations schedule. Except as specified in paragraphs (c)(1)(viii), (c)(1)(ix),… | |||
| 40:40:17.0.1.1.2.7.1.19 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.158 Performance test procedures for control devices. | EPA | (a) General procedures. Where §§ 65.145 through 65.155 require, or the owner or operator elects to conduct, a performance test of a control device or a halogen reduction device, an owner or operator shall comply with the requirements of (a)(1) through (3) of this section, as applicable. (1) Performance tests shall be conducted at maximum representative operating conditions for the process unless the Administrator specifies or approves alternate operating conditions. During the performance test, an owner or operator may operate the control or halogen reduction device at maximum or minimum representative operating conditions for monitored control or halogen reduction device parameters, whichever results in lower emission reduction. Operations during periods of startup, shutdown, and malfunction shall not constitute representative conditions for the purpose of a performance test. (2) Performance tests shall be conducted and data shall be reduced in accordance with the test methods and procedures set forth in this subpart, in each relevant standard, and, if required, in applicable appendices of 40 CFR parts 51, 60, 61, and 63 unless the Administrator allows revisions to the test methods as specified in one or more of the following five paragraphs: (i) The Administrator specifies or approves, in specific cases, the use of a test method with minor or intermediate changes in methodology; or (ii) The Administrator approves the use of a major change to a test method, the results of which the Administrator has determined to be adequate for indicating whether a specific regulated source is in compliance; or (iii) Intermediate and major changes to a test method shall be validated using the applicable procedures of Method 301 of appendix A of 40 CFR part 63; or (iv) The Administrator waives the requirement for the performance test as provided in § 65.157(b)(2) because the owner or operator of a regulated source has demonstrated by other means to the Administrator's satisfaction that the regulated source is in complian… | ||||
| 40:40:17.0.1.1.2.7.1.2 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.141 Definitions. | EPA | All terms used in this subpart shall have the meaning given them in the Act and in subpart A of this part. If a term is defined in both subpart A of this part and in other subparts that reference the use of this subpart, the term shall have the meaning given in subpart A of this part for purposes of this subpart. | ||||
| 40:40:17.0.1.1.2.7.1.20 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.159 Flare compliance determination and monitoring records. | EPA | (a) Conditions of flare compliance determination records. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of flare compliance determinations performed pursuant to § 65.147(b). (b) Flare compliance determination records. When using a flare to comply with this subpart, record the following information for each flare compliance determination performed pursuant to § 65.147(b): (1) Flare design ( i.e., steam-assisted, air-assisted, or nonassisted); (2) All visible emission readings, heat content determinations, flow rate measurements, and exit velocity determinations made during the flare compliance determination; and (3) All periods during the flare compliance determination when all pilot flames are absent or, if only the flare flame is monitored, all periods when the flare flame is absent. (c) Monitoring records. Each owner or operator shall keep up to date and readily accessible hourly records of whether the flare flame or pilot flame monitors are continuously operating during the hour and whether the flare flame or at least one pilot flame is continuously present during the hour. For transfer racks, hourly records are required only while the transfer vent stream is being vented. (d) Compliance records. (1) Each owner or operator shall keep records of the times and duration of all periods during which the flare flame and all the pilot flames are absent. This record shall be submitted in the periodic reports as specified in § 65.166(c). (2) Each owner or operator shall keep records of the times and durations of all periods during which the flare flame or pilot flame monitors are not operating. | ||||
| 40:40:17.0.1.1.2.7.1.21 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.160 Performance test and TRE index value determination records. | EPA | (a) Availability of performance tests records. Upon request, the owner or operator shall make available to the Administrator such records as may be necessary to determine the conditions of performance tests performed pursuant to § 65.148(b), § 65.149(b), § 65.150(b), § 65.151(b), § 65.152(b), § 65.154(b), or § 65.155(b). (b) Nonflare control device and halogen reduction device performance test records. Each owner or operator subject to the provisions of this subpart shall keep up-to-date, readily accessible records of the data specified in paragraphs (b)(1) through (3) of this section, as applicable, measured during each performance test performed pursuant to § 65.148(b), § 65.149(b), § 65.150(b), § 65.151(b), § 65.152(b), § 65.154(b), or § 65.155(b), and also include that data in the Initial Compliance Status Report as specified in § 65.164(a). The same data specified in paragraphs (b)(1) through (3) of this section, as applicable, shall be submitted in the reports of all subsequently required performance tests where either the emission control efficiency of a nonflare control device or the outlet concentration of TOC or regulated material is determined. (1) Nonflare combustion device. Where an owner or operator subject to the provisions of paragraph (b) of this section seeks to demonstrate compliance with a percent reduction requirement or a parts per million by volume requirement using a nonflare combustion device, the following information shall be recorded: (i) For thermal incinerators, record the fire box temperature measured at least every 15 minutes and averaged over the full period of the performance test. (ii) For catalytic incinerators, record the upstream and downstream temperatures and the temperature difference across the catalyst bed measured at least every 15 minutes and averaged over the full period of the performance test. (iii) For an incinerator, record the percent reduction of regulated material or TOC achieved by the incinerator determined as specified in § 65.158(b)(4), as applic… | ||||
| 40:40:17.0.1.1.2.7.1.22 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.161 Continuous records and monitoring system data handling. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006] | (a) Continuous records. Where this subpart requires a monitoring device capable of providing a continuous record, the owner or operator shall maintain the record specified in paragraph (a)(1), (2), (3), or (4) of this section, as applicable (The provisions of this section apply to owners and operators of storage vessels and low-throughput transfer racks only if specified by the applicable monitoring plan established under § 65.165(c)(1) and (2)): (1) A record of values measured at least once every 15 minutes or each measured value for systems that measure more frequently than once every 15 minutes; or (2) A record of block average values for 15-minute or shorter periods calculated from all measured data values during each period or from at least one measured data value per minute if measured more frequently than once per minute; or (3) For data collected from an automated continuous parameter monitoring system, a record of block hourly average values calculated from each 15-minute block average period or from at least one measured value per minute if measured more frequently than once per minute, and a record of the most recent 3 valid hours of continuous (15-minute or shorter) records meeting the requirements of paragraph (a)(1) or (2) of this section. Records meeting the requirements of paragraph (a)(1) or (2) of this section shall also be kept for all periods that include CPMS breakdown or malfunction. During these periods, it is not necessary to calculate hourly averages; or (4) A record as required by an alternative approved under § 65.162(d). (b) Excluded data. Monitoring data recorded during the following periods shall not be included in any average computed to determine compliance under this subpart: (1) Monitoring system breakdowns, repairs, preventive maintenance, calibration checks, and zero (low-level) and high-level adjustments; (2) Periods of non-operation of the process unit (or portion thereof), resulting in cessation of the emissions to which the monitoring applies; and (3) Startups, … | |||
| 40:40:17.0.1.1.2.7.1.23 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.162 Nonflare control and recovery device monitoring records. | EPA | (a) Monitoring system records. For process vents and high-throughput transfer racks, the owner or operator subject to this subpart shall keep the records specified in paragraph (a) of this section as well as records specified elsewhere in this part. (1) For CPMS used to comply with this part, a record of the procedure used for calibrating the CPMS. (2) For CPMS used to comply with this subpart, records of the following information, as applicable: (i) The date and time of completion of calibration and preventive maintenance of the CPMS; (ii) The “as found” and “as left” CPMS readings whenever an adjustment is made that affects the CPMS reading and a “no adjustment” statement otherwise; (iii) The start time and duration or start and stop time of any periods when the CPMS is inoperative or malfunctioning; (iv) Records of the occurrence and duration of each startup, shutdown, and malfunction of CPMS used to comply with this part during which excess emissions (as defined in § 65.3(a)(4)) occur; and (v) For each startup, shutdown, and malfunction during which excess emissions as defined in § 65.3(a)(4) of this part occur, records whether the procedures specified in the source's startup, shutdown, and malfunction plan were followed and documentation of actions taken that are not consistent with the plan. These records may take the form of a checklist, or other form of recordkeeping that confirms conformance with the startup, shutdown, and malfunction plan for the event. (3) Records of startup, shutdown, and malfunction and CPMS calibration and maintenance are not required if they pertain solely to Group 2A process vents. (b) Combustion control and halogen reduction device monitoring records. (1) Each owner or operator using a combustion control or halogen reduction device to comply with this subpart shall keep, as applicable, up-to-date and readily accessible continuous records, as specified in § 65.161(a); and records of the equipment operating parameters specified to be monitored under § 65.148(c) (incine… | ||||
| 40:40:17.0.1.1.2.7.1.24 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.163 Other records. | EPA | [65 FR 78285, Dec. 14, 2000, as amended at 71 FR 20472, Apr. 20, 2006] | (a) Closed vent system records. For closed vent systems, the owner or operator shall record the following information, as applicable: (1) For each closed vent system that contains bypass lines that could divert a vent stream away from the control device and to the atmosphere, the owner or operator shall keep a record of the information specified in either paragraph (a)(1)(i) or (ii) of this section, as applicable. The information shall be reported as specified in § 65.166(b). (i) Hourly records of whether the flow indicator specified under § 65.143(a)(3)(i) was operating and whether a diversion was detected at any time during the hour, as well as records of the times of all periods when the vent stream is diverted from the control device or the flow indicator is not operating. (ii) Where a seal mechanism is used to comply with § 65.143(a)(3)(ii), hourly records of flow are not required. In such cases, the owner or operator shall record that the monthly visual inspection of the seals or closure mechanisms has been done and shall record the occurrence of all periods when the seal mechanism is broken, the bypass line valve position has changed, or the key for a lock-and-key type lock has been checked out, and records of any car-seal that has been broken. (2) For closed vent systems collecting regulated material from a storage vessel, transfer rack, or equipment leak, the owner or operator shall record the identification of all parts of the closed vent system that are designated as unsafe or difficult-to-inspect pursuant to § 65.143(b)(2) or (3), an explanation of why the equipment is unsafe or difficult-to-inspect, and the plan for inspecting the equipment as required by § 65.143(b)(2)(ii) or (b)(3)(ii). (3) For a closed vent system collecting regulated material from a storage vessel, transfer rack, or equipment leaks, when a leak is detected as specified in § 65.143(d)(1), the information specified in paragraphs (a)(3)(i) through (vi) of this section shall be recorded. The data shall be reported as specified… | |||
| 40:40:17.0.1.1.2.7.1.25 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.164 Performance test and flare compliance determination notifications and reports. | EPA | (a) Performance test and flare compliance determination reports. Performance test reports and flare compliance determination reports shall be submitted as specified in paragraphs (a)(1) through (3) of this section. (1) For performance tests or flare compliance determinations, the Initial Compliance Status Report or report required by paragraph (b)(2) of this section shall include one complete test report as specified in paragraph (a)(2) of this section for each test method used for a particular kind of emission point, and other applicable information specified in paragraph (a)(3) of this section. For additional tests performed for the same kind of emission point using the same method, the results and any other information required in applicable sections of this subpart or in other subparts of this part shall be submitted, but a complete test report is not required. (2) A complete test report shall include a brief process description, sampling site description, description of sampling and analysis procedures and any modifications to standard procedures, quality assurance procedures, record of operating conditions during the test, record of preparation of standards, record of calibrations, raw data sheets for field sampling, raw data sheets for field and laboratory analyses, documentation of calculations, and any other information required by the test method. (3) The performance test or flare compliance determination report shall also include the following information, as applicable: (i) For flare compliance determinations, the owner or operator shall submit the records specified in § 65.159(b). (ii) For nonflare combustion device and halogen reduction device performance tests as required under § 65.148(b), § 65.149(b), § 65.150(b), § 65.151(b), § 65.152(b), § 65.154(b), or § 65.155(b), the owner or operator shall submit the applicable records specified in § 65.160(b). (iii) For Group 2A process vents, the owner or operator shall submit the records specified in § 65.160(c), as applicable. (b) Other notifi… | ||||
| 40:40:17.0.1.1.2.7.1.26 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.165 Initial Compliance Status Reports. | EPA | (a) An owner or operator who elects to comply with § 65.144 by routing emissions from a storage vessel or transfer rack to a process or to a fuel gas system shall submit as part of the Initial Compliance Status Report the following information, as applicable: (1) If storage vessel emissions are routed to a process, the owner or operator shall submit the information specified in § 65.144(b)(3). (2) As specified in § 65.144(c), if storage vessel emissions are routed to a fuel gas system, the owner or operator shall submit a statement that the emission stream is connected to a fuel gas system. (3) As specified in § 65.144(c), report that the transfer rack emission stream is being routed to a fuel gas system or process when complying with the requirements of § 65.83(a)(4). (b) An owner or operator who elects to comply with § 65.145 by routing emissions from a storage vessel or low-throughput transfer rack to a nonflare control device or halogen reduction device shall submit with the Initial Compliance Status Report required by § 65.5(d) the applicable information specified in paragraphs (b)(1) through (6) of this section. Owners and operators who elect to comply with § 65.145(b)(1)(i) or (b)(3)(i) by submitting a design evaluation shall submit the information specified in paragraphs (b)(1) through (4) of this section. Owners and operators who elect to comply with § 65.145(b)(1)(ii) or (b)(3)(ii) by submitting performance test results shall submit the information specified in paragraphs (b)(1), (2), (4), and (5) of this section. Owners and operators who elect to comply with § 65.145(b)(1)(iii) or (b)(3)(iii) by submitting performance test results for a shared control device or halogen reduction device shall submit the information specified in paragraph (b)(6) of this section. (1) A description of the parameter or parameters to be monitored to ensure that the control device or halogen reduction device is being properly operated and maintained, an explanation of the criteria used for selection of that parameter (or… | ||||
| 40:40:17.0.1.1.2.7.1.27 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.166 Periodic reports. | EPA | (a) Periodic reports shall include the reporting period dates, the total source operating time for the reporting period, and, as applicable, all information specified in this section and in other subparts of this part, including reports of periods when monitored parameters are outside their established ranges. (b) For closed vent systems subject to the requirements of § 65.143, the owner or operator shall submit as part of the periodic report the following information, as applicable: (1) The information recorded in § 65.163(a)(3)(ii) through (v); (2) Reports of the times of all periods recorded under § 65.163(a)(1)(i) when the vent stream is diverted from the control device through a bypass line; and (3) Reports of all times recorded under § 65.163(a)(1)(ii) when maintenance is performed on car-sealed valves, when the seal is broken, when the bypass line valve position is changed, or the key for a lock-and-key type configuration has been checked out. (c) For flares subject to this subpart, report all periods when all pilot flames were absent or the flare flame was absent as recorded in § 65.159(d)(1). (d) For storage vessels, the owner or operator shall include in each periodic report required the following information: (1) For the 6-month period covered by the periodic report, the information recorded in § 65.163(b)(2)(i) through (iii). (2) For the time period covered by the periodic report and the previous periodic report, the total number of hours that the control system did not meet the requirements of § 65.143(a), § 65.145(a), or § 65.147(a) due to planned routine maintenance. (3) A description of the planned routine maintenance that is anticipated to be performed for the control system during the next 6-month periodic reporting period when the control system is not expected to meet the required control efficiency. This description shall include the type of maintenance necessary, planned frequency of maintenance, and expected lengths of maintenance periods. (e) If a nonflare control device, includi… | ||||
| 40:40:17.0.1.1.2.7.1.28 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.167 Other reports. | EPA | (a) Replacing an existing control or recovery device. As specified in § 65.147(b)(2), § 65.148(b)(3), § 65.149(b)(3), § 65.150(b)(2), § 65.151(b)(2), § 65.152(b)(2), or § 65.153(b)(2), if an owner or operator at a facility not required to obtain a title V permit elects at a later date to use a different control or recovery device, then the Administrator shall be notified by the owner or operator before implementing the change. This notification may be included in the facility's periodic reporting and shall include a description of any changes made to the closed vent system. (b) Startup, shutdown, and malfunction periodic reports. Startup, shutdown, and malfunction periodic reports shall be submitted as required in § 65.6(c). | ||||
| 40:40:17.0.1.1.2.7.1.29 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | §§ 65.168-65.169 [Reserved] | EPA | |||||
| 40:40:17.0.1.1.2.7.1.3 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.142 Standards. | EPA | (a) Storage vessel requirements. The owner or operator expressly referenced to this subpart from subpart C of this part shall comply with the following requirements, as applicable: (1) Closed vent system and flare. Owners or operators subject to § 65.42(b)(4) who route storage vessel emissions through a closed vent system to a flare shall meet the requirements in § 65.143 for closed vent systems; § 65.147 for flares; and § 65.157(a), (b), and (c) for provisions regarding flare compliance determinations; and the monitoring, recordkeeping, and reporting requirements referenced therein. No other provisions of this subpart apply to storage vessel emissions routed through a closed vent system to a flare. (2) Closed vent system and nonflare control device. Owners or operators subject to § 65.42(b)(5) who route storage vessel emissions through a closed vent system to a nonflare control device shall meet the requirements in § 65.143 for closed vent systems and § 65.145 for nonflare control devices and the monitoring, recordkeeping, and reporting requirements referenced therein. No other provisions of this subpart apply to storage vessel emissions routed through a closed vent system to a nonflare control device unless specifically required in the monitoring plan submitted under § 65.145(c). (3) Route to a fuel gas system or process. Owners or operators subject to § 65.42(b)(6) who route storage vessel emissions to a fuel gas system or to a process shall meet the requirements in § 65.144 and the monitoring, recordkeeping, and reporting requirements referenced therein. No other provisions of this subpart apply to storage vessel emissions being routed to a fuel gas system or to a process. (b) Process vent requirements. The owner or operator expressly referenced to this subpart from subpart D of this part or 40 CFR part 60, subpart DDD, shall comply with the following requirements, as applicable: (1) Flare. Owners or operators subject to § 65.63(a)(1) or 40 CFR 60.562-1(a)(1)(i)(C) who route process vent emis… | ||||
| 40:40:17.0.1.1.2.7.1.4 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.143 Closed vent systems. | EPA | (a) Closed vent system equipment and operating requirements. The provisions of paragraph (a) of this section apply to closed vent systems collecting regulated material from a storage vessel, process vent, transfer rack, or equipment leaks. (1) Collection of emissions. Each closed vent system shall be designed and operated to collect the regulated material vapors from the emission point and to route the collected vapors to a control device. (2) Period of operation. Closed vent systems used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (3) Bypass monitoring. Except for pressure relief devices needed for safety purposes, low leg drains, high point bleeds, analyzer vents, and open-ended valves or lines, the owner or operator shall comply with either of the following provisions for each closed vent system that contains bypass lines that could divert a vent stream to the atmosphere: (i) Properly install, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 65.163(a)(1)(i). The flow indicator shall be installed at the entrance to any bypass line. (ii) Secure the bypass line valve in the non-diverting position with a car-seal or a lock-and-key type configuration. A visual inspection of the seal or closure mechanism shall be performed at least once every month to ensure the valve is maintained in the non-diverting position and the vent stream is not diverted through the bypass line. Records shall be generated as specified in § 65.163(a)(1)(ii). (4) Loading arms at transfer racks. Each closed vent system collecting regulated material from a transfer rack shall be designed and operated so that regulated material vapors collected at one loading arm will not pass through another loading arm in the rack to the atmosphere. (5) Pressure relief devices in a transfer rack's closed vent system. The owner or operator of a transfer rack subject to the provisions of th… | ||||
| 40:40:17.0.1.1.2.7.1.5 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.144 Fuel gas systems and processes to which storage vessel, transfer rack, or equipment leak regulated material emissions are routed. | EPA | (a) Equipment and operating requirements for fuel gas systems and processes. (1) Except during periods of startup, shutdown, and malfunction as specified in § 65.3(a), the fuel gas system or process shall be operating at all times when regulated material emissions are routed to it. (2) The owner or operator of a transfer rack subject to the provisions of this subpart shall ensure that no pressure relief device in the transfer rack's system returning vapors to a fuel gas system or process shall open to the atmosphere during loading. Pressure relief devices needed for safety purposes are not subject to this paragraph (a)(2). (3) Each process piping system collecting regulated material from a transfer rack shall be designed and operated so that regulated material vapors collected at one loading arm will not pass through another loading arm in the rack to the atmosphere. (b) Fuel gas system and process compliance determination. (1) If emissions are routed to a fuel gas system, there is no requirement to conduct a performance test or design evaluation. (2) For storage vessels and transfer racks, and if emissions are routed to a process, the regulated material in the emissions shall predominantly meet one of, or a combination of, the following conditions, and the compliance demonstration requirements in paragraph (b)(3) of this section, if applicable: (i) Recycled and/or consumed in the same manner as a material that fulfills the same function in that process; (ii) Transformed by chemical reaction into materials that are not regulated materials; (iii) Incorporated into a product; and/or (iv) Recovered. (3) To demonstrate compliance with paragraph (b)(2) of this section for a storage vessel, the owner or operator shall prepare a design evaluation (or engineering assessment) that demonstrates the extent to which one or more of the conditions specified in paragraphs (b)(2)(i) through (iv) of this section are being met. The owner or operator shall submit the design evaluation as specified in § 65.165(a)(1). (… | ||||
| 40:40:17.0.1.1.2.7.1.6 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.145 Nonflare control devices used to control emissions from storage vessels or low-throughput transfer racks. | EPA | (a) Nonflare control device equipment and operating requirements. The owner or operator shall operate and maintain the nonflare control device, including a halogen reduction device for a low-throughput transfer rack, so that the monitored parameters defined as required in paragraph (c) of this section remain within the ranges specified in the Initial Compliance Status Report whenever emissions of regulated material are routed to the control device and halogen reduction device, except during periods of startup, shutdown, and malfunction as specified in § 65.3(a). (b) Nonflare control device design evaluation or performance test requirements. When using a control device other than a flare, the owner or operator shall comply with the requirements in paragraph (b)(1)(i), (ii), or (iii) of this section except as provided in paragraph (b)(2) of this section. Owners or operators of halogenated low-throughput transfer rack vent streams routed to a combustion device and then to a halogen reduction device to meet the specifications of § 65.83(b)(1), must also meet the requirements of paragraph (b)(3) of this section. (1) Unless a design evaluation or performance test as required in the referencing subpart was previously conducted and submitted for the storage vessel or low-throughput transfer rack, the owner or operator shall either prepare and submit with the Initial Compliance Status Report, as specified in § 65.165(b), a design evaluation that includes the information specified in paragraph (b)(1)(i) of this section, or the results of the performance test as described in paragraph (b)(1)(ii) or (iii) of this section. (i) Design evaluation. The design evaluation shall include documentation demonstrating that the control device being used achieves the required control efficiency during the reasonably expected maximum storage vessel filling or transfer loading rate. This documentation is to include a description of the gas stream that enters the control device, including flow and regulated material content; and ad… | ||||
| 40:40:17.0.1.1.2.7.1.7 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.146 Nonflare control devices used for equipment leaks only. | EPA | (a) Equipment and operating requirements. (1) Owners or operators using a nonflare control device to meet the applicable requirements in § 65.115(b) shall meet the requirements of this section. (2) Control devices used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Performance test requirements. A performance test is not required for any nonflare control device used only to control emissions from equipment leaks. (c) Monitoring requirements. Owners or operators of control devices that are used only to comply with the provisions of § 65.115(b) shall monitor these control devices to ensure that they are operated and maintained in conformance with their design. The owner or operator shall maintain the records as specified in § 65.163(d). | ||||
| 40:40:17.0.1.1.2.7.1.8 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.147 Flares. | EPA | (a) Flare equipment and operating requirements. Flares subject to this subpart shall meet the performance requirements of paragraphs (a)(1) through (7) of this section. (1) Flares shall be operated at all times when emissions are vented to them. (2) Flares shall be designed for and operated with no visible emissions as determined by the methods specified in paragraph (b)(3)(i) of this section, except for periods not to exceed a total of 5 minutes during any 2 consecutive hours. (3) Flares shall be operated with a flare flame or at least one pilot flame present at all times, as determined by the methods specified in paragraph (c) of this section. (4) An owner/operator has the choice of adhering to either the heat content specifications in paragraph (a)(4)(ii) of this section and the maximum tip velocity specifications in paragraph (a)(6) of this section, or adhering to the requirements in paragraph (a)(4)(i) of this section. (i)(A) Flares shall be used that have a diameter of 3 inches or greater, are nonassisted, have a hydrogen content of 8.0 percent (by volume), or greater, and are designed for and operated with an exit velocity less than 37.2 m/sec (122 ft/sec) and less than the velocity, V max , as determined by Equation 147-1 of this section: Where: V max = Maximum permitted velocity, m/sec. K 1 = Constant, 6.0 volume-percent hydrogen. K 2 = Constant, 3.9 (m/sec)/volume-percent hydrogen. X H2 = The volume-percent of hydrogen, on a wet basis, as calculated by using the American Society for Testing and Materials (ASTM) Method D1946-77 (incorporated by reference as specified in § 65.13). Where: V max = Maximum permitted velocity, m/sec. K 1 = Constant, 6.0 volume-percent hydrogen. K 2 = Constant, 3.9 (m/sec)/volume-percent hydrogen. X H2 = The volume-percent of hydrogen, on a wet basis, as calculated by using the American Society for Testing and Materials (ASTM) Method D1946-77 (incorporated by reference as specified in § 65.13). (B) The actual exit velocity of a flare shall… | ||||
| 40:40:17.0.1.1.2.7.1.9 | 40 | Protection of Environment | I | C | 65 | PART 65—CONSOLIDATED FEDERAL AIR RULE | G | Subpart G—Closed Vent Systems, Control Devices, and Routing to a Fuel Gas System or a Process | § 65.148 Incinerators. | EPA | (a) Incinerator equipment and operating requirements. (1) Owners or operators using incinerators to meet the 98 weight-percent emission reduction or 20 parts per million by volume outlet concentration requirement as specified in § 65.63(a)(2), or 40 CFR 60.562-1(a)(1)(i)(A) for process vents, or § 65.83(a)(1) for high-throughput transfer racks, as applicable, shall meet the requirements of this section. (2) Incinerators used to comply with the provisions of this subpart shall be operated at all times when emissions are vented to them. (b) Incinerator performance test requirements. (1) Unless an initial performance test was previously conducted and submitted under the referencing subpart and except as specified in § 65.157(b) and paragraph (b)(2) of this section, the owner or operator shall conduct an initial performance test of any incinerator used to comply with the provisions of this subpart according to the procedures in §§ 65.157 and 65.158. Performance test records shall be kept as specified in § 65.160(a) and (b), and a performance test report shall be submitted as specified in § 65.164. As provided in § 65.145(b)(1), a performance test may be used as an alternative to the design evaluation for storage vessels and low-throughput transfer rack controls. As provided in § 65.146(b), no performance test is required for equipment leaks. (2) An owner or operator is not required to conduct a performance test for a hazardous waste incinerator for which the owner or operator has been issued a final permit under 40 CFR part 270 and complies with the requirements of 40 CFR part 264, subpart O, or has certified compliance with the interim status requirements of 40 CFR part 265, subpart O. The owner or operator shall report as specified in § 65.165(f). (3) Unless already permitted by the applicable title V permit, if an owner or operator elects to use an incinerator to replace an existing control device at a later date, the owner or operator shall notify the Administrator, either by amendment of the regulated so… |
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