National Emission Standards for Hazardous Air Pollutants: Petroleum Refineries

SUMMARY: This action corrects errors and clarifies regulatory text of

the ``National Emission Standards for Hazardous Air Pollutants:

Petroleum Refineries,'' which was issued as a final rule on August 18,

1995.

EFFECTIVE DATE: June 12, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. James Durham, Waste and Chemical

Processes Group, Emission Standards Division (MD-13), U.S.

Environmental Protection Agency, Research Triangle Park, North

Carolina, 27711, telephone number (919) 541-5672.

SUPPLEMENTARY INFORMATION: On August 18, 1995 (60 FR 43244), the

Environmental Protection Agency (EPA) promulgated in the Federal

Register national emission standards for hazardous air pollutants

(NESHAP) for petroleum refineries. These regulations were promulgated

as subpart CC of 40 CFR part 63. The same notice amended standards of

performance in 40 CFR part 60, subpart VV. This document contains

corrections to typographical and cross referencing errors in these

subparts. A few editorial clarifications are also being made to clarify

the intent of certain provisions and correct inconsistencies between

different sections of the rule.

I. Description of Clarifying Changes

A. Compliance Dates

The compliance dates in Sec. 63.640(h) are being clarified to

remove an inconsistency regarding the compliance date for marine tank

vessels. Section 63.640(h) stated that refineries have 3 years to

comply with the NESHAP unless a case-by-case 1-year extension is

granted. However, Sec. 63.651 cross references the marine tank vessel

loading rule [40 CFR 63, subpart Y (September 19, 1995; FR 43388)]

which allows 4 years to comply without requiring a case-by-case

extension. Therefore, it was unclear in the rule published on August

18, whether a compliance extension is required to allow marine tank

vessel loading operations at refineries 4 years to comply. The intent

was to be consistent with subpart Y, unless marine tank vessels are

used to generate credit in an emissions average. Paragraph (h)(3) is

being added to Sec. 63.640 to make it clear that marine tank vessel

loading operations have 4 years to comply. However, if marine tank

vessels loading is used to generate credits for an emissions average,

compliance must be achieved in 3 years unless a case-by-case extension

is granted by the regulatory authority as provided in Sec. 63.6(i) of

subpart A (the NESHAP general provisions). Because the other emission

points at a refinery included in such an emissions average are required

to comply within 3 years of promulgation, the emissions average would

not balance if the marine tank vessel loading was not controlled by the

third year. However, regulatory authorities have the discretion to

allow an extension of up to 1 year for full implementation of the

emissions average. This decision is best made on a site-specific basis.

A clarification is also being made to the wording of

Sec. 63.640(h)(4) which allows Group 1 storage vessels with floating

roofs to comply at the next degassing and cleaning activity or within

10 years after promulgation of the rule, whichever is first. The

clarification will insert the phrase ``after August 18, 1998'' after

the words ``cleaning activity''. As explained in the promulgation

preamble, the intent of this provision was to allow an extension of up

to 10 years for floating roof storage vessels to achieve full

compliance, not to require compliance prior to the 3-year compliance

time allowed for all other emission points at refineries. As originally

worded, this paragraph could have been misinterpreted as requiring

storage vessels that were degassed prior to the August 18, 1998

compliance date to come into compliance earlier than the rest of the

refinery.

A clarification is also being made to Sec. 63.640(l) regarding

compliance times and reports for addition of emission points to

existing sources. This paragraph of the promulgated rule is clear

regarding addition of miscellaneous process vents, storage vessels,

gasoline loading racks, and marine tank vessel loading operations, but

did not specifically address equipment leaks. Responses to comments in

section 9 (general monitoring, recordkeeping, and reporting comments)

of the background information document for the promulgated rule (EPA

453/R-95-015b) clarify that it was not intended that the addition of

pumps, valves, and other components to an existing source subject to

the equipment leaks standard trigger new source reporting requirements.

The amended paragraph clarifies that equipment leak component additions

remain subject to existing source and not new source requirements.

Paragraph (m)(2) of Sec. 63.640 has also been reworded to clarify

the timing for of a compliance schedule submittal existing sources when

a Group 2 emission point becomes a Group 1 emission point. The intended

180-day time period for submitting the compliance schedule has not been

changed, but the intent of the previous wording ``within 180 days after

the change is made or the information regarding the change is known to

the source'' has been clarified by the rewording.

B. Clarification of Exemptions

Paragraph (d)(3) of Sec. 63.640 is being reworded. This paragraph

exempts equipment that is in organic hazardous air pollutant (HAP)

service less than 300 hours per year. This exemption applies to the

types of equipment listed in the definition of ``equipment leaks'' in

Sec. 63.641. In order to improve clarity, the specific types of

equipment to which this exemption applies have been listed in

Sec. 63.640(d)(3). The list of equipment being added to this paragraph

exactly matches the list already included in the definition of

equipment leaks in Sec. 63.641.

An exemption for emission points routed to refinery fuel gas

systems is being added to Sec. 63.640(d). This exemption is specified

in the definition of ``miscellaneous process vent'' in Sec. 63.641.

Putting this exemption in the applicability section (Sec. 63.640) makes

it clearer that all emissions routed to fuel gas systems are exempt

from the rule.

C. Definitions

The definitions of ``Group 1 gasoline loading rack'' and ``Group 1

marine tank vessel'' are being revised for consistency with 40 CFR part

63 subparts R (the gasoline distribution NESHAP) and Y (the marine tank

vessel loading NESHAP). The intent of the refineries NESHAP was to be

consistent with subparts R and Y in terms of which loading operations

require control. Sections 63.650 and 63.651 of the Refineries NESHAP

(subpart CC) cross-reference subparts R and Y for control requirements

for loading operations. However, throughput and emissions applicability

criteria in subparts R and Y were not correctly incorporated in the

Group 1 definitions in Sec. 63.641. The definition of ``Group 1

gasoline loading

[[Page 29877]]

rack'' is being revised to mean a gasoline loading rack classified

under SIC 2911 that is part of a bulk gasoline terminal with the

capacity to load greater than 75,700 liters per year of gasoline. This

is consistent with subpart R. The definition of ``Group 1 marine tank

vessel'' is being revised by changing the emission rate criteria for

existing sources from 9.1 megagrams per year of any individual HAP and

13.6 megagrams of any combination of HAPs to 9.1 megagrams per year of

any individual HAP and 22.7 megagrams of any combination of HAPs. The

revised definition also clarifies that these emission rate cutoffs

apply only to existing sources, not to new sources. These

clarifications remove inconsistencies between the definitions in

Sec. 63.641 of subpart CC and the rules cross-referenced in

Secs. 63.650 and 63.651.

The definition of storage vessel is being clarified by removing the

clause ``in organic HAP service''. This was a drafting error. The

definition was intended to cover vessels storing organic liquids.

However, the phrase ``in organic liquid service'' was used without

recognizing that it is a defined term used in the equipment leaks

section of the rule to indicate equipment leak components containing or

contacting fluid that is at least 5 weight percent organic HAP. The

preamble to the final rule (60 FR 43252) and the ``Group 1 storage

vessel'' definitions make it clear that storage vessels with lower

percent organic HAP were intended to be regulated. The ``Group 1

storage vessel'' definition contains the correct organic HAP weight

percent cutoffs of 4 percent for existing sources and 2 percent for new

sources, which are discussed in the preamble for the final rule.

The definition of ``Group 1 miscellaneous process vent'' is being

revised to clarify that the 20 parts per million by volume cutoff

applies to organic HAP rather than volatile organic compounds (VOC).

This is consistent with the definition of ``miscellaneous process

vent'', which includes vents containing greater than 20 parts per

million by volume organic HAP and with the 20 parts per million organic

HAP language in Sec. 63.643. The definitions of ``miscellaneous process

vent'' and ``equipment leaks'' are also being clarified by specifying

that they do not include emissions from wastewater collection and

conveyance systems. Air emissions from wastewater systems are regulated

under the wastewater provisions in Sec. 63.647 of subpart CC.

Definitions of ``startup'' and ``shutdown'' are being added for

clarification. These definitions are consistent with definitions in the

subpart A General Provisions and the hazardous organics NESHAP (40 CFR

60, subpart F). Under the General Provisions, Sec. 63.6(f)(1) states

that emission limits do not apply during startup, shutdown, and

malfunction. These definitions make it clear that, for purposes of

Sec. 63.6(f)(1) and for the startup, shutdown, and malfunction plan,

startup and shutdown refer to startup and shutdown of refinery process

units or unit operations such as distillation units rather than to

individual components such as pumps. To further clarify this point, the

second sentence in the definition of ``affected source'' has been

deleted. This sentence had been interpreted to mean that startup,

shutdown, and malfunction plans apply to individual components.

Other minor definition changes are being made to correct

typographical errors and improve clarity. For example, in the

definition of ``emission point'', the word ``gas'' is changed to

``gasoline'', and a definition of leakless valves is being added to

clarify which types of valves are excluded from the monitoring

requirements of the rule.

D. Equations

The term ``R'' in the equation in Sec. 63.642(g) represents the

fraction of emissions from a Group 1 marine tank vessel loading

operation after the required level of control has been applied. The

phrase ``and 0.05 for new offshore loading terminals'' is being deleted

because offshore loading terminals are not subject to subpart CC.

Therefore, this phrase was not relevant to the refineries NESHAP, and

would cause confusion.

The EPA is clarifying that the emissions averaging equations for

gasoline loading racks assume that all facilities with Group 1 gasoline

loading racks must comply with the requirements of subpart R regarding

vapor-tightness of gasoline cargo tanks loaded at the facility,

regardless of whether emissions averaging is used. Therefore, the

emissions credit and debit calculation equations do not include terms

for estimating emissions from leakage from gasoline cargo tanks.

(Compliance with subpart R vapor-tightness provisions is not a new

requirement. There is no change to the regulation language regarding

this point.)

E. Recordkeeping and Reporting

Section 63.642(e) is being revised to state that records shall be

maintained in such a manner that they can be readily accessed within 24

hours, rather than be maintained on-site for 2 years. This change is

consistent with the discussion on this issue in section 9 (general

monitoring, recordkeeping and reporting comments) of the background

information document for this rule. This change was not incorporated in

the promulgated rule because of a drafting oversight.

In Sec. 63.654(d), recordkeeping requirement for equipment leaks

are being added that require owners or operators to keep a list of

valves that are designated as ``leakless.'' These valves are exempt

from the valve monitoring requirements. This recordkeeping requirement

is consistent with requirements in equipment leak rules cross-

referenced in this subpart, such as 40 CFR part 60, subpart VV. The

requirement was overlooked when drafting the cross-references to

subpart VV. Owners or operators are also required to identify equipment

in process units that are subject to the rule that are not considered

in organic HAP service, and reciprocating compressors and pumps that

are exempt from equipment leak control requirements. These requirements

are consistent with the hazardous organic NESHAP recordkeeping and

reporting requirements which is cross referenced in the rule.

Section 63.654(h)(1) is being clarified to explicitly state that

reports of startup, shutdown, and malfunction required by

Sec. 63.10(d)(5) do not apply to Group 2 emission points at refineries,

unless they are included in an emission average. This is already stated

in table 6, which shows which portions of the NESHAP general provisions

apply to subpart CC. Table 6 specifies, in footnote b, that

Sec. 63.10(d)(5) does not apply to Group 2 emission points that are not

included in an emission average, but it would be clearer to the reader

to also state this in Sec. 63.654(h)(1).

In table 4 of 40 CFR part 63, subpart CC, the cross-references to

Sec. 63.428 (i) and (j) of 40 CFR part 63, subpart R are being deleted.

These records and reports pertain to recordkeeping provisions of

subpart R that are applicable to facilities that have calculated

emissions from bulk terminals and pipeline breakout stations that fall

below a deminimis level and are not subject to 40 CFR part 63, subpart

CC. In table 6 of subpart CC, the applicability of Sec. 63.6(h) has

been clarified. This requirement is referenced in portions of the HON

rule (40 CFR part 63, subpart G) and the general provisions (40 CFR

part 63, subpart A) relating to flares that are cross-referenced from

subpart CC, and it was incorrectly over-ridden in the table. However,

paragraphs relating strictly to

[[Page 29878]]

opacity remain over-ridden. Paragraphs specifying the timing of the

visible emissions testing also remain over-ridden because

Sec. 63.645(i) has been added to 40 CFR part 63, subpart CC to specify

the timing of the visible emissions tests for flares used to comply

with subpart CC. The timing in Sec. 63.645(i) is consistent with the

date the petroleum refinery notification of compliance status is due,

and will avoid requiring a visible emissions report at a separate time

specified in Sec. 63.6(h).

In table 3 of 40 CFR part 63, subpart CC, the comments on the

recordkeeping and reporting requirements in Sec. 63.182 (b) and (c) are

being corrected to be consistent with exemptions allowed in the text.

II. Cross Referencing and Typographical Errors

Errors in cross-referencing 40 CFR part 63 subparts G and R, 40 CFR

part 60 subpart Kb, and other sections within subpart CC are being

corrected. Typographical errors are also being corrected.

List of Subjects in 40 CFR Parts 60 and 63

Air pollution control, Hazardous air pollutants, Petroleum

refineries, Reporting and recordkeeping requirements.

Dated: April 17, 1996.

Mary D. Nichols,

Assistant Administrator for Air and Radiation.

For the reasons set out in the preamble, parts 60, and 63 of title

40, chapter I, of the Code of Federal Regulations are amended as

follows:

PART 60--[AMENDED]

1. The authority citation for part 60 continues to read as follows:

Authority: 42 U.S.C. 7401-7601.

Subpart VV--[Amended]

2. Section 60.482-10 is amended by revising paragraph (j) to read

as follows:

Sec. 60.482-10 Standards: Closed vent systems and control devices.

* * * * *

(j) Any parts of the closed vent system that are designated, as

described in paragraph (l)(1) of this section, as unsafe to inspect are

exempt from the inspection requirements of paragraphs (f)(1)(i) and

(f)(2) of this section if they comply with the requirements specified

in paragraphs (j)(1) and (j)(2) of this section:

* * * * *

PART 63--[AMENDED]

3. The authority citation for part 63 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart CC--[Amended]

4. Section 63.640 is amended by revising paragraphs (b) and (d),

the last sentence of paragraph (f)(5), paragraphs (h)(4), the first

sentence of paragraph (h)(5) introductory text, paragraphs (l)(3)(iv),

by adding paragraphs (h)(3) and (l)(4), revising paragraphs (m)(2) and

(n)(4), as follows:

Sec. 63.640 Applicability and designation of affected source.

* * * * *

(b) For process units that are designed and operated as flexible

operation units, the applicability of this subpart shall be determined

for existing sources based on the expected utilization for the 5 years

following promulgation of this subpart and for new sources based on the

expected utilization for the first 5 years after startup.

* * * * *

(d) The affected source subject to this subpart does not include

the emission points listed in paragraphs (d)(1) through (d)(5) of this

section.

(1) Stormwater from segregated stormwater sewers;

(2) Spills;

(3) Any pump, compressor, pressure relief device, sampling

connection system, open-ended valve or line, valve, or instrumentation

system that is intended to operate in organic hazardous air pollutant

service, as defined in Sec. 63.641 of this subpart, for less than 300

hours during the calendar year;

(4) Catalytic cracking unit and catalytic reformer catalyst

regeneration vents, and sulfur plant vents; and

(5) Emission points routed to a fuel gas system, as defined in

Sec. 63.641 of this subpart. No testing, monitoring, recordkeeping, or

reporting is required for refinery fuel gas systems or emission points

routed to refinery fuel gas systems.

* * * * *

(f) * * *

(5) * * *. This determination shall be reported as specified in

Sec. 63.654(h)(6)(iii).

* * * * *

(h) * * *

(3) Marine tank vessels at existing sources shall be in compliance

with this subpart no later than August 18, 1999 unless the vessels are

included in an emissions average to generate emission credits. Marine

tank vessels used to generate credits in an emissions average shall be

in compliance with this subpart no later than August 18, 1998 unless an

extension has been granted by the Administrator as provided in

Sec. 63.6(i).

(4) Existing Group 1 floating roof storage vessels shall be in

compliance with Sec. 63.646 at the first degassing and cleaning

activity after August 18, 1998, or within 10 years after promulgation

of the rule, whichever is first.

(5) An owner or operator may elect to comply with the provisions of

Sec. 63.648 (c) through (i) as an alternative to the provisions of

Sec. 63.648 (a) and (b). * * *

* * * * *

(l) * * *

(3) * * *

(iv) Reports and notifications required by Sec. 63.182, or 40 CFR

60.487. The requirements of subpart H of this part are summarized in

table 3 of this subpart;

* * * * *

(4) If pumps, compressors, pressure relief devices, sampling

connection systems, open-ended valves or lines, valves, or

instrumentation systems are added to an existing source, they are

subject to the equipment leak standards for existing sources in

Sec. 63.648. A notification of compliance status report shall not be

required for such added equipment.

* * * * *

(m) * * *

(2) The compliance schedule shall be submitted within 180 days

after the change is made, unless the compliance schedule has been

previously submitted to the permitting authority. If it is not possible

to determine until after the change is implemented whether the emission

point has become Group 1, the compliance schedule shall be submitted

within 180 days of the date when the affect of the change is known to

the source. The compliance schedule may be submitted in the next

Periodic Report if the change is made after the date the Notification

of Compliance Status report is due.

* * * * *

(n) * * *

(4) After the compliance dates specified in paragraph (h) of this

section, a Group 2 storage vessel that is part of a new source and is

subject to 40 CFR 60.110b, but is not required to apply controls by 40

CFR 60.110b or 60.112b is required to comply only with this subpart.

* * * * *

5. Section 63.641 is amended by revising the definitions of

``Affected source'', ``Emission point'', the last sentence in

``Equipment leak'', ``Group 1 gasoline loading rack'', ``Group 1

[[Page 29879]]

marine tank vessel'', ``Group 1 miscellaneous process vent'', the first

sentence in the introductory text of ``Storage vessel'', and

``Temperature monitoring device'', and by adding a definition for

``Leakless valve'', ``Startup'', and ``Shutdown'' and by adding a

paragraph (13) to the definition for ``Miscellaneous process vent'' to

read as follows:

Sec. 63.641 Definitions.

* * * * *

Affected source means the collection of emission points to which

this subpart applies as determined by the criteria in Sec. 63.640.

* * * * *

Emission point means an individual miscellaneous process vent,

storage vessel, wastewater stream, or equipment leak associated with a

petroleum refining process unit; an individual storage vessel or

equipment leak associated with a bulk gasoline terminal or pipeline

breakout station classified under Standard Industrial Classification

code 2911; a gasoline loading rack classified under Standard Industrial

Classification code 2911; or a marine tank vessel loading operation

located at a petroleum refinery.

Equipment leak * * *. Vents from wastewater collection and

conveyance systems (including, but not limited to wastewater drains,

sewer vents, and sump drains), tank mixers, and sample valves on

storage tanks are not equipment leaks.

* * * * *

Group 1 gasoline loading rack means any gasoline loading rack

classified under Standard Industrial Classification code 2911 that is

located within a bulk gasoline terminal that has a gasoline throughput

greater than 75,700 liters per day. Gasoline throughput shall be the

maximum calculated design throughput for the terminal as may be limited

by compliance with enforceable conditions under Federal, State, or

local law and discovered by the Administrator and any other person.

Group 1 marine tank vessel means a vessel at an existing source

loaded at any land- or sea-based terminal or structure that loads

liquid commodities with vapor pressures greater than or equal to 10.3

kilopascals in bulk onto marine tank vessels, that emits greater than

9.1 megagrams of any individual HAP or 22.7 megagrams of any

combination of HAP annually after August 18, 1999, or a vessel at a new

source loaded at any land- or sea-based terminal or structure that

loads liquid commodities with vapor pressures greater than or equal to

10.3 kilopascals onto marine tank vessels.

Group 1 miscellaneous process vent means a miscellaneous process

vent for which the total organic HAP concentration is greater than or

equal to 20 parts per million by volume, and the total volatile organic

compound emissions are greater than or equal to 33 kilograms per day

for existing sources and 6.8 kilograms per day for new sources at the

outlet of the final recovery device (if any) and prior to any control

device and prior to discharge to the atmosphere.

* * * * *

Leakless valve means a valve that has no external actuating

mechanism.

* * * * *

Miscellaneous process vent * * *

(13) Emissions from wastewater collection and conveyance systems

including, but not limited to, wastewater drains, sewer vents, and sump

drains.

* * * * *

Shutdown means the cessation of a petroleum refining process unit

or a unit operation (including, but not limited to, a distillation unit

or reactor) within a petroleum refining process unit for purposes

including, but not limited to, periodic maintenance, replacement of

equipment, or repair.

Startup means the setting into operation of a petroleum refining

process unit for purposes of production. Startup does not include

operation solely for purposes of testing equipment. Startup does not

include changes in product for flexible operation units.

Storage vessel means a tank or other vessel that is used to store

organic liquids. * * *

Temperature monitoring device means a unit of equipment used to

monitor temperature and having an accuracy of 1 percent of

the temperature being monitored expressed in degrees Celsius or

0.5 deg.C, whichever is greater.

* * * * *

6. Section 63.642 is amended by revising paragraphs (e) and (g) as

follows:

Sec. 63.642 General standards.

* * * * *

(e) Each owner or operator of a source subject to this subpart

shall keep copies of all applicable reports and records required by

this subpart for at least 5 years except as otherwise specified in this

subpart. All applicable records shall be maintained in such a manner

that they can be readily accessed within 24 hours. Records may be

maintained in hard copy or computer-readable form including, but not

limited to, on paper, microfilm, computer, floppy disk, magnetic tape,

or microfiche.

* * * * *

(g) The owner or operator of an existing source subject to the

requirements of this subpart shall control emissions of organic HAP's

to the level represented by the following equation:

EA = 0.02EPV1 + EPV2 +

0.05ES1 + ES2 + EGLR1C +

EGLR2 + (R) EMV1 + EMV2 +

EWW1C + EWW2

where:

EA = Emission rate, megagrams per year, allowed for the source.

0.02EPV1 = Sum of the residual emissions, megagrams per

year, from all Group 1 miscellaneous process vents, as defined in

Sec. 63.641.

EPV2 = Sum of the emissions, megagrams per year, from all

Group 2 process vents, as defined in Sec. 63.641.

0.05ES1 = Sum of the residual emissions, megagrams per

year, from all Group 1 storage vessels, as defined in Sec. 63.641.

ES2 = Sum of the emissions, megagrams per year, from all

Group 2 storage vessels, as defined in Sec. 63.641.

EGLR1C = Sum of the residual emissions, megagrams per

year, from all Group 1 gasoline loading racks, as defined in

Sec. 63.641.

EGLR2 = Sum of the emissions, megagrams per year, from

all Group 2 gasoline loading racks, as defined in Sec. 63.641.

(R)EMV1 = Sum of the residual emissions megagrams per

year, from all Group 1 marine tank vessels, as defined in Sec. 63.641.

R = 0.03 for existing sources, 0.02 for new sources.

EMV2 = Sum of the emissions, megagrams per year from all

Group 2 marine tank vessels, as defined in Sec. 63.641.

EWW1C = Sum of the residual emissions from all Group 1

wastewater streams, as defined in Sec. 63.641. This term is calculated

for each Group 1 stream according to the equation for EWWic in

Sec. 63.652(h)(6).

EWW2 = Sum of emissions from all Group 2 wastewater

streams, as defined in Sec. 63.641.

The emissions level represented by this equation is dependent on the

collection of emission points in the source. The level is not fixed and

can change as the emissions from each emission point

[[Page 29880]]

change or as the number of emission points in the source changes.

* * * * *

7. Section 63.644 is amended by revising the last sentence of

paragraph (d) as follows:

Sec. 63.644 Monitoring provisions for miscellaneous process vents.

* * * * *

(d) * * *. In order to establish the range, the information

required in Sec. 63.654(f)(3) shall be submitted in the Notification of

Compliance Status report.

* * * * *

8. Section 63.645 is amended by revising paragraphs (a) and (h)(2),

and by adding paragraph (i), as follows:

Sec. 63.645 Test methods and procedures for miscellaneous process

vents.

(a) To demonstrate compliance with Sec. 63.643, an owner or

operator shall follow Sec. 63.116 except for Sec. 63.116 (a)(1), (d)

and (e) of subpart G of this part except as provided in paragraphs (b)

through (d) and paragraph (i) of this section.

* * * * *

(h) * * *

(2) Where the recalculated TOC emission rate is greater than 33

kilograms per day for an existing source or greater than 6.8 kilograms

per day for a new source, the owner or operator shall submit a report

as specified in Sec. 63.654 (f), (g), or (h) and shall comply with the

appropriate provisions in Sec. 63.643 by the dates specified in

Sec. 63.640.

(i) A compliance determination for visible emissions shall be

conducted within 150 days of the compliance date using Method 22 of 40

CFR part 60, Appendix A, to determine visible emissions.

9. Section 63.646 is amended by revising paragraphs (a), (d)

introductory text, and (d)(9), and adding (d)(10), as follows:

Sec. 63.646 Storage vessel provisions.

(a) Each owner or operator of a Group 1 storage vessel subject to

this subpart shall comply with the requirements of Secs. 63.119 through

63.121 except as provided in paragraphs (b) through (l) of this

section.

* * * * *

(d) References shall apply as specified in paragraphs (d)(1)

through (d)(10) of this section.

* * * * *

(9) All references to Sec. 63.139(d)(1) in Sec. 63.120(d)(1)(ii) of

subpart G are not applicable. For sources subject to this subpart, such

references shall mean that 40 CFR 61.355 is applicable.

(10) All references to Sec. 63.139(c) in Sec. 63.120(d)(1)(ii) of

subpart G are not applicable. For sources subject to this subpart, such

references shall mean that Sec. 63.647 of this subpart is applicable.

* * * * *

10. Section 63.648 is amended by revising the first sentences of

paragraphs (c)(9) and (c)(10) as follows:

Sec. 63.648 Equipment leak standards.

* * * * *

(c) * * *

(9) When complying with the requirements of Sec. 63.168(e)(3)(i),

non-repairable valves shall be included in the calculation of percent

leaking valves the first time the valve is identified as leaking and

non-repairable. * * *

(10) If in phase III of the valve standard any valve is designated

as being leakless, the owner or operator has the option of following

the provisions of 40 CFR 60.482-7(f). * * *

* * * * *

11. Section 63.650 is amended by revising paragraph (a) as follows:

Sec. 63.650 Gasoline loading rack provisions.

(a) Except as provided in paragraphs (b) through (c) of this

section, each owner or operator of a gasoline loading rack classified

under Standard Industrial Classification code 2911 located within a

contiguous area and under common control with a petroleum refinery

shall comply with subpart R, Secs. 63.421, 63.422 (a) through (c),

63.425 (a) through (c), 63.425 (e) through (h), 63.427 (a) and (b), and

63.428 (b), (c), (g)(1), and (h)(1) through (h)(3).

* * * * *

12. Section 63.651 is amended by revising paragraph (a) and adding

paragraph (d), as follows:

Sec. 63.651 Marine tank vessel loading operation provisions.

(a) Except as provided in paragraphs (b) through (d) of this

section, each owner or operator of a marine tank vessel loading

operation located at a petroleum refinery shall comply with the

requirements of Secs. 63.560 through 63.567.

* * * * *

(d) The compliance time of 4 years after promulgation of 40 CFR

part 63, subpart Y does not apply. The compliance time is specified in

Sec. 63.640(h)(3).

13. Section 63.652 is amended by revising the equation in paragraph

(h)(1) introductory text (the definitions to the equation remain

unchanged) to read as follows:

Sec. 63.652 Emissions averaging provisions.

* * * * *

(h) * * *

(1) * * *

[[Page 29881]]

[GRAPHIC] [TIFF OMITTED] TR12JN96.000

* * *

* * * * *

14. Section 63.653 is amended by revising paragraph (a)(4) as

follows:

Sec. 63.653 Monitoring, recordkeeping, and implementation plan for

emission averaging.

(a) * * *

(4) For each gasoline loading rack that is controlled, perform the

testing and monitoring procedures specified in Secs. 63.425 and 63.427

of subpart R of this part except Sec. 63.425(d) or Sec. 63.427(c).

* * * * *

15. Section 63.654 is amended by revising paragraphs (d)

introductory text, (d)(3), adding paragraphs (d)(4), (d)(5), and

(d)(6), revising the first sentence of paragraph (g)(6)(iii), and

revising paragraphs (g)(8)(ii)(B) and (h)(1), as follows:

Sec. 63.654 Reporting and recordkeeping requirements.

* * * * *

(d) Each owner or operator subject to the equipment leaks standards

in Sec. 63.648 shall comply with the recordkeeping and reporting

provisions in paragraphs (d)(1) through (d)(6) of this section.

* * * * *

(3) An owner or operator who determines that a compressor qualifies

for the hydrogen service exemption in Sec. 63.648 shall also keep a

record of the demonstration required by Sec. 63.648.

(4) An owner or operator must keep a list of identification numbers

for valves that are designated as leakless per Sec. 63.648(c)(10).

(5) An owner or operator must identify, either by list or location

(area or refining process unit), equipment in organic HAP service less

than 300 hours per year within refining process units subject to this

subpart.

(6) An owner or operator must keep a list of reciprocating pumps

and compressors determined to be exempt from seal requirements as per

Secs. 63.648 (f) and (i).

* * * * *

(g) * * *

(6) * * *

(iii) Periods of startup and shutdown that meet the definition of

Sec. 63.641, and malfunction that meet the definition in Sec. 63.2 and

periods of performance testing and monitoring system calibration shall

not be considered periods of excess emissions. * * *

(8) * * *

(ii) * * *

(B) The information required to be reported by Sec. 63.428 (h)(1),

(h)(2), and (h)(3) for each gasoline loading rack included in an

emissions average, unless this information has already been submitted

in a separate report;

* * * * *

(h) * * *

(1) Reports of startup, shutdown, and malfunction required by

Sec. 63.10(d)(5). Records and reports of startup, shutdown, and

malfunction are not required if they pertain solely to Group 2 emission

points, as defined in Sec. 63.641, that are not included in an

emissions average. For purposes of this paragraph, startup and shutdown

shall have the meaning defined in Sec. 63.641, and malfunction shall

have the meaning defined in Sec. 63.2; and

* * * * *

16. Table 3 in the appendices to subpart CC is amended by revising

entries 63.182(b) and 63.182 (c) to read as follows:

Table 3.--Equipment Leak Recordkeeping and Reporting Requirements for

Sources Complying With Sec. 63.648 of Subpart CC by Compliance With

Subpart H of This Part a

------------------------------------------------------------------------

Reference (section of

subpart H of this part) Description Comment

------------------------------------------------------------------------

* * * *

* * *

63.182(b)................... Initial notification Not required.

report requirements.

63.182(c)................... Notification of Except in Sec.

compliance status 63.182(c); change

report. ``within 90 days of

the compliance

dates'' to ``within

150 days of the

compliance dates'';

except in Secs.

63.182 (c)(2) and

(c)(4).

* * * *

* * *

------------------------------------------------------------------------

a This table does not include all the requirements delineated under the

referenced sections. See referenced sections for specific

requirements.

[[Page 29882]]

* * * * *

17. Table 4 in the appendices to subpart CC is revised to read as

follows:

Table 4.--Gasoline Distribution Emission Point Recordkeeping and

Reporting Requirements a

------------------------------------------------------------------------

Reference (section of

subpart R of this part) Description Comment

------------------------------------------------------------------------

63.428(b)................... Records of test

results for each

gasoline cargo tank

loaded at the

facility.

63.428(c)................... Continuous

monitoring data

recordkeeping

requirements.

63.428(g)(1)................ Semiannual report Required to be

loading rack submitted with the

information. periodic report

required under 40

CFR part 63 subpart

CC.

63.428 (h)(1) through (h)(3) Excess emissions Required to be

report loading rack submitted with the

information. periodic report

required under 40

CFR part 63 subpart

CC.

------------------------------------------------------------------------

a This table does not include all the requirements delineated under the

referenced sections. See referenced sections for specific

requirements.

* * * * *

18. Table 6 in the appendices to subpart CC is amended by revising

entries 63.6(h) (1) and (2), 63.6(h) (4) and (5), 63.6(h)(6) and

63.6(h) (7) through (9) to read as follows:

Table 6.--General Provisions Applicability to Subpart CC a

------------------------------------------------------------------------

Applies to

Reference subpart CC b Comment

------------------------------------------------------------------------

* * * *

* * *

63.6(h) (1) and (2).......... Yes

63.6(h) (4) and (5)........... No Visible emission

requirements and

timing in subpart

CC.

63.6(h)(6).................... Yes

63.6(h) (7) through (9)....... No Subpart CC does not

require opacity

standards.

* * * *

* * *

------------------------------------------------------------------------

* * * * *

19. Table 8 in the appendices to subpart CC is amended by revising

the heading of the table, as follows:

Table 8.--Valve Monitoring Frequency for Phase III

* * *

* * * * *

[FR Doc. 96-10382 Filed 6-11-96; 8:45 am]

BILLING CODE 6560-50-P