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40 C.F.R. §§ 63.172–63.174

3 sections in range

§63.172. Standards: Closed-vent systems and control devices.

40 C.F.R. § 63.172

(a)
Owners or operators of closed-vent systems and control devices used to comply with provisions of this subpart shall comply with the provisions of this section, except as provided in § 63.162(b) of this subpart.
(b)
Recovery or recapture devices (e.g., condensers and absorbers) shall be designed and operated to recover the organic hazardous air pollutant emissions or volatile organic compounds emissions vented to them with an efficiency of 95 percent or greater, or to an exit concentration of 20 parts per million by volume, whichever is less stringent. The 20 parts per million by volume performance standard is not applicable to the provisions of § 63.179.
(c)
Enclosed combustion devices shall be designed and operated to reduce the organic hazardous air pollutant emissions or volatile organic compounds emissions vented to them with an efficiency of 95 percent or greater, or to an exit concentration of 20 parts per million by volume, on a dry basis, corrected to 3 percent oxygen, whichever is less stringent, or to provide a minimum residence time of 0.50 seconds at a minimum temperature of 760 °C.
(d)
Except as specified in paragraph (a) of § 63.108, flares used to comply with this subpart shall comply with the requirements of § 63.11(b).
(e)
Owners or operators of control devices that are used to comply with the provisions of this subpart shall monitor these control devices to ensure that they are operated and maintained in conformance with their design.
(f)
Except as provided in paragraphs (k) and (l) of this section, each closed-vent system shall be inspected according to the procedures and schedule specified in paragraphs (f)(1) and (f)(2) of this section.
(1)
If the closed-vent system is constructed of hard-piping, the owner or operator shall:
(i)
Conduct an initial inspection according to the procedures in paragraph (g) of this section, and
(ii)
Conduct annual visual inspections for visible, audible, or olfactory indications of leaks.
(2)
If the vapor collection system or closed-vent system is constructed of duct work, the owner or operator shall:
(i)
Conduct an initial inspection according to the procedures in paragraph (g) of this section, and
(ii)
Conduct annual inspections according to the procedures in paragraph (g) of this section.
(g)
Each closed-vent system shall be inspected according to the procedures in § 63.180(b) of this subpart.
(h)
Leaks, as indicated by an instrument reading greater than 500 parts per million above background or by visual inspections, shall be repaired as soon as practicable, except as provided in paragraph (i) of this section.
(1)
A first attempt at repair shall be made no later than 5 calendar days after the leak is detected.
(2)
Repair shall be completed no later than 15 calendar days after the leak is detected, except as provided in paragraph (i) of this section.
(i)
Delay of repair of a closed-vent system for which leaks have been detected is allowed if the repair is technically infeasible without a process unit shutdown or if the owner or operator determines that emissions resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair. Repair of such equipment shall be complete by the end of the next process unit shutdown.
(j)
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 comply with the provisions of either paragraphs (j)(1) or (j)(2), and (j)(4) of this section, except as provided in paragraph (j)(3) of this section.
(1)
Install, set or adjust, maintain, and operate a flow indicator that takes a reading at least once every 15 minutes. Records shall be generated as specified in § 63.118(a)(3) of subpart G of this part. The flow indicator shall be installed at the entrance to any bypass line; or
(2)
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.
(3)
Except as specified in paragraph (j)(4) of this section, equipment such as low leg drains, high point bleeds, analyzer vents, open-ended valves or lines, and pressure relief valves needed for safety purposes are not subject to this paragraph.
(4)
For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(10):
(i)
The use of a bypass line at any time on a closed vent system (used to comply with the provisions of this subpart) to divert emissions to the atmosphere or to a control device not meeting the requirements specified in this subpart is an emissions standards violation.
(ii)
Paragraph (j)(3) of this section does not apply. Instead, the exemptions specified in paragraph (j)(4)(ii)(A) and (j)(4)(ii)(B) of this section apply.
(A)
Except for pressure relief devices subject to § 63.165(e)(4), equipment such as low leg drains and equipment subject to the requirements specified in subpart H of this part are not subject to this paragraph (j) of this section.
(B)
Open-ended valves or lines that use a cap, blind flange, plug, or second valve and follow the requirements specified in 40 CFR 60.482-6(a)(2), (b), and (c) or follow requirements codified in another regulation that are the same as 40 CFR 60.482-6(a)(2), (b), and (c) are not subject to this paragraph (j) of this section.
(k)
Any parts of the closed-vent system that are designated, as described in paragraph 63.181(b)(7)(i), as unsafe to inspect are exempt from the inspection requirements of paragraphs (f)(1) and (f)(2) of this section if:
(1)
The owner or operator determines that the equipment is unsafe to inspect because inspecting personnel would be exposed to an imminent or potential danger as a consequence of complying with paragraph (f)(1) or (f)(2) of this section; and
(2)
The owner or operator has a written plan that requires inspection of the equipment as frequently as practicable during safe-to-inspect times, but not more frequently than annually.
(l)
Any parts of the closed-vent system that are designated, as described in § 63.181 (b)(7)(i) of this subpart, as difficult to inspect are exempt from the inspection requirements of paragraphs (f)(1) and (f)(2) of this section if:
(1)
The owner or operator determines that the equipment cannot be inspected without elevating the inspecting personnel more than 2 meters above a support surface; and
(2)
The owner or operator has a written plan that requires inspection of the equipment at least once every 5 years.
(m)
Whenever organic HAP emissions are vented to a closed-vent system or control device used to comply with the provisions of this subpart, such system or control device shall be operating.
(n)
After the compliance dates specified in § 63.100 of subpart F of this part, the owner or operator of any control device subject to this subpart that is also subject to monitoring, recordkeeping, and reporting requirements in 40 CFR part 264, subpart BB, or is subject to monitoring and recordkeeping requirements in 40 CFR part 265, subpart BB, may elect to comply either with the monitoring, recordkeeping, and reporting requirements of this subpart, or with the monitoring, recordkeeping, and reporting requirements in 40 CFR parts 264 and/or 265, as described in this paragraph, which shall constitute compliance with the monitoring, recordkeeping and reporting requirements of this subpart. The owner or operator shall identify which option has been chosen, in the next periodic report required by § 63.182(d).
Notes, amendments, and revision history

Amendments

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 61 FR 31440, June 20, 1996; 62 FR 2790, Jan. 17, 1997; 89 FR 43224, May 16, 2024]

Source

Source: 59 FR 19568, Apr. 22, 1994, unless otherwise noted.

Authority

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

Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

Amendments

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 61 FR 31440, June 20, 1996; 62 FR 2790, Jan. 17, 1997; 89 FR 43224, May 16, 2024]

§63.173. Standards: Agitators in gas/vapor service and in light liquid service.

40 C.F.R. § 63.173

(a)
(1)
Each agitator shall be monitored monthly to detect leaks by the methods specified in § 63.180(b) of this subpart, except as provided in § 63.162(b) of this subpart.
(2)
If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected.
(b)
(1)
Each agitator shall be checked by visual inspection each calendar week for indications of liquids dripping from the agitator.
(2)
If there are indications of liquids dripping from the agitator, a leak is detected.
(c)
(1)
When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 63.171 of this subpart.
(2)
A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
(d)
Each agitator equipped with a dual mechanical seal system that includes a barrier fluid system is exempt from the requirements of paragraph (a) of this section, provided the requirements specified in paragraphs (d)(1) through (d)(6) of this section are met:
(1)
Each dual mechanical seal system is—
(i)
Operated with the barrier fluid at a pressure that is at all times greater than the agitator stuffing box pressure; or
(ii)
Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed-vent system to a control device that complies with the requirements of § 63.172 of this subpart; or
(iii)
Equipped with a closed-loop system that purges the barrier fluid into a process stream.
(2)
The barrier fluid is not in light liquid organic HAP service.
(3)
Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.
(4)
Each agitator is checked by visual inspection each calendar week for indications of liquids dripping from the agitator seal.
(i)
If there are indications of liquids dripping from the agitator seal at the time of the weekly inspection, the agitator shall be monitored as specified in § 63.180(b) of this subpart to determine the presence of organic HAP in the barrier fluid.
(ii)
If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected.
(5)
Each sensor as described in paragraph (d)(3) of this section is observed daily or is equipped with an alarm unless the agitator is located within the boundary of an unmanned plant site.
(6)
(i)
The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicates failure of the seal system, the barrier fluid system, or both.
(ii)
If indications of liquids dripping from the agitator seal exceed the criteria established in paragraph (d)(6)(i) of this section, or if, based on the criteria established in paragraph (d)(6)(i) of this section, the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected.
(iii)
When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected, except as provided in § 63.171 of this subpart.
(iv)
A first attempt at repair shall be made no later than 5 calendar days after each leak is detected.
(e)
Any agitator that is designed with no externally actuated shaft penetrating the agitator housing is exempt from paragraphs (a) through (c) of this section.
(f)
Any agitator if it is equipped with a system to capture and transport leakage from the agitator to a process or a fuel gas system or to a closed vent system that captures and transports leakage from the agitator to a control device meeting the requirements of § 63.172 is exempt from the requirements of paragraphs (a) through (c) of the section.
(g)
Any agitator that is located within the boundary of an unmanned plant site is exempt from the weekly visual inspection requirement of paragraphs (b)(1) and (d)(4) of this section, and the daily requirements of paragraph (d)(5) of this section, provided that each agitator is visually inspected as often as practical and at least monthly.
(h)
Any agitator that is difficult-to-monitor is exempt from the requirements of paragraphs (a) through (d) of this section if:
(1)
The owner or operator determines that the agitator cannot be monitored without elevating the monitoring personnel more than two meters above a support surface or it is not accessible at anytime in a safe manner;
(2)
The process unit within which the agitator is located is an existing source or the owner or operator designates less than three percent of the total number of agitators in a new source as difficult-to-monitor; and
(3)
The owner or operator follows a written plan that requires monitoring of the agitator at least once per calendar year.
(i)
Any agitator that is obstructed by equipment or piping that prevents access to the agitator by a monitor probe is exempt from the monitoring requirements of paragraphs (a) through (d) of this section.
(j)
Any agitator that is designated, as described in § 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor agitator is exempt from the requirements of paragraphs (a) through (d) of this section if:
(1)
The owner or operator of the agitator determines that the agitator is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraphs (a) through (d) of this section; and
(2)
The owner or operator of the agitator has a written plan that requires monitoring of the agitator as frequently as practical during safe-to-monitor times, but not more frequently than the periodic monitoring schedule otherwise applicable.
Notes, amendments, and revision history

Amendments

[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996; 62 FR 2791, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999; 89 FR 43224, May 16, 2024]

Source

Source: 59 FR 19568, Apr. 22, 1994, unless otherwise noted.

Authority

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

Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

Amendments

[59 FR 19568, Apr. 22, 1994, as amended at 61 FR 31440, June 20, 1996; 62 FR 2791, Jan. 17, 1997; 64 FR 20198, Apr. 26, 1999; 89 FR 43224, May 16, 2024]

§63.174. Standards: Connectors in gas/vapor service and in light liquid service.

40 C.F.R. § 63.174

(a)
The owner or operator of a process unit subject to this subpart shall monitor all connectors in gas/vapor and light liquid service, except as provided in § 63.162(b) of this subpart, and in paragraphs (f) through (h) of this section, at the intervals specified in paragraph (b) of this section.
(1)
The connectors shall be monitored to detect leaks by the method specified in § 63.180(b) of this subpart.
(2)
Except as specified in paragraph (a)(3) of this section, if an instrument reading greater than or equal to 500 parts per million is measured, a leak is detected.
(3)
For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for connectors in ethylene oxide service, as defined in § 63.101, the instrument reading that defines a leak for connectors is 100 parts per million or greater.
(b)
The owner or operator shall monitor for leaks at the intervals specified in either paragraph (b)(1) or (b)(2) of this section and in paragraphs (b)(3) through (b)(5) of this section.
(1)
For each group of existing process units within an existing source, by no later than 12 months after the compliance date, the owner or operator shall monitor all connectors, except as provided in paragraphs (f) through (h) of this section.
(2)
For new sources, within the first 12 months after initial start-up or by no later than 12 months after the date of promulgation of a specific subpart that references this subpart, whichever is later, the owner or operator shall monitor all connectors, except as provided in paragraphs (f) through (h) of this section.
(3)
After conducting the initial survey required in paragraph (b)(1) or (b)(2) of this section, the owner or operator shall perform all subsequent monitoring of connectors at the frequencies specified in paragraphs (b)(3)(i) through (b)(3)(v) of this section, except as provided in paragraphs (b)(3)(vi) and (c)(2) of this section:
(i)
Once per year (i.e., 12-month period), if the percent leaking connectors in the process unit was 0.5 percent or greater during the last required annual or biennial monitoring period.
(ii)
Once every 2 years, if the percent leaking connectors was less than 0.5 percent during the last required monitoring period. An owner or operator may comply with this paragraph by monitoring at least 40 percent of the connectors in the first year and the remainder of the connectors in the second year. The percent leaking connectors will be calculated for the total of all monitoring performed during the 2-year period.
(iii)
If the owner or operator of a process unit in a biennial leak detection and repair program calculates less than 0.5 percent leaking connectors from the 2-year monitoring period, the owner or operator may monitor the connectors one time every 4 years. An owner or operator may comply with the requirements of this paragraph by monitoring at least 20 percent of the connectors each year until all connectors have been monitored within 4 years.
(iv)
If a process unit complying with the requirements of paragraph (b) of this section using a 4-year monitoring interval program has greater than or equal to 0.5 percent but less than 1 percent leaking connectors, the owner or operator shall increase the monitoring frequency to one time every 2 years. An owner or operator may comply with the requirements of this paragraph by monitoring at least 40 percent of the connectors in the first year and the remainder of the connectors in the second year. The owner or operator may again elect to use the provisions of paragraph (b)(3)(iii) of this section when the percent leaking connectors decreases to less than 0.5 percent.
(v)
If a process unit complying with requirements of paragraph (b)(3)(iii) of this section using a 4-year monitoring interval program has 1 percent or greater leaking connectors, the owner or operator shall increase the monitoring frequency to one time per year. The owner or operator may again elect to use the provisions of paragraph (b)(3)(iii) of this section when the percent leaking connectors decreases to less than 0.5 percent.
(vi)
For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for connectors in ethylene oxide service, as defined in § 63.101, the monitoring period is once every month and paragraph (c)(2) of this section is not applicable.
(4)
The use of monitoring data generated before April 22, 1994 to qualify for less frequent monitoring is governed by the provisions of § 63.180(b)(6).
(5)
For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for each connector in ethylene oxide service, as defined in § 63.101, that is added to a CMPU, and for each connector in ethylene oxide service that replaces a connector in ethylene oxide service, owners and operators must initially monitor for leaks within 5 days after initial startup of the equipment.
(c)
(1)
(i)
Except as provided in paragraph (c)(1)(ii) of this section, each connector that has been opened or has otherwise had the seal broken shall be monitored for leaks when it is reconnected or within the first 3 months after being returned to organic hazardous air pollutants service. If the monitoring detects a leak, it shall be repaired according to the provisions of paragraph (d) of this section, unless it is determined to be nonrepairable, in which case it is counted as a nonrepairable connector for the purposes of paragraph (i)(2) of this section.
(ii)
As an alternative to the requirements in paragraph (c)(1)(i) of this section, an owner or operator may choose not to monitor connectors that have been opened or otherwise had the seal broken. In this case, the owner or operator may not count nonrepairable connectors for the purposes of paragraph (i)(2) of this section. The owner or operator shall calculate the percent leaking connectors for the monitoring periods described in paragraph (b) of this section, by setting the nonrepairable component, CAN, in the equation in paragraph (i)(2) of this section to zero for all monitoring periods.
(iii)
An owner or operator may switch alternatives described in paragraphs (c)(1) (i) and (ii) of this section at the end of the current monitoring period he is in, provided that it is reported as required in § 63.182 of this subpart and begin the new alternative in annual monitoring. The initial monitoring in the new alternative shall be completed no later than 12 months after reporting the switch.
(2)
As an alternative to the requirements of paragraph (b)(3) of this section, each screwed connector 2 inches or less in nominal inside diameter installed in a process unit before the dates specified in paragraph (c)(2)(iii) or (c)(2)(iv) of this section may:
(i)
Comply with the requirements of § 63.169 of this subpart, and
(ii)
Be monitored for leaks within the first 3 months after being returned to organic hazardous air pollutants service after having been opened or otherwise had the seal broken. If that monitoring detects a leak, it shall be repaired according to the provisions of paragraph (d) of this section.
(iii)
For sources subject to subparts F and I of this part, the provisions of paragraph (c)(2) of this section apply to screwed connectors installed before December 31, 1992.
(iv)
For sources not identified in paragraph (c)(2)(iii) of this section, the provisions of paragraph (c)(2) of this section apply to screwed connectors installed before the date of proposal of the applicable subpart of this part that references this subpart.
(d)
When a leak is detected, it shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in paragraph (g) of this section and in § 63.171 of this subpart. A first attempt at repair shall be made no later than 5 calendar days after the leak is detected.
(e)
[Reserved]
(f)
Any connector that is designated, as described in § 63.181(b)(7)(i) of this subpart, as an unsafe-to-monitor connector is exempt from the requirements of paragraph (a) of this section if:
(1)
The owner or operator determines that the connector is unsafe to monitor because personnel would be exposed to an immediate danger as a result of complying with paragraphs (a) through (e) of this section; and
(2)
The owner or operator has a written plan that requires monitoring of the connector as frequently as practicable during safe to monitor periods, but not more frequently than the periodic schedule otherwise applicable.
(g)
Except as specified in paragraph (g)(3) of this section, any connector that is designated, as described in § 63.181(b)(7)(iii), as an unsafe-to-repair connector is exempt from the requirements of paragraphs (a), (d), and (e) of this section if:
(1)
The owner or operator determines that repair personnel would be exposed to an immediate danger as a consequence of complying with paragraph (d) of this section; and
(2)
The connector will be repaired before the end of the next scheduled process unit shutdown.
(3)
For each source as defined in § 63.101, and for each source as defined in § 63.191, beginning no later than the compliance dates specified in § 63.100(k)(11), for connectors in ethylene oxide service, as defined in § 63.101, paragraph (g) of this section is no longer applicable.
(h)
(1)
Any connector that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined), is exempt from the monitoring requirements of paragraphs (a) and (c) of this section and from the recordkeeping and reporting requirements of § 63.181 and § 63.182 of this subpart. An inaccessible connector is one that is:
(i)
Buried;
(ii)
Insulated in a manner that prevents access to the connector by a monitor probe;
(iii)
Obstructed by equipment or piping that prevents access to the connector by a monitor probe;
(iv)
Unable to be reached from a wheeled scissor-lift or hydraulic-type scaffold which would allow access to connectors up to 7.6 meters (25 feet) above the ground;
(v)
Inaccessible because it would require elevating the monitoring personnel more than 2 meters above a permanent support surface or would require the erection of scaffold; or
(vi)
Not able to be accessed at any time in a safe manner to perform monitoring. Unsafe access includes, but is not limited to, the use of a wheeled scissor-lift on unstable or uneven terrain, the use of a motorized man-lift basket in areas where an ignition potential exists, or access would require near proximity to hazards such as electrical lines, or would risk damage to equipment.
(2)
If any inaccessible or ceramic or ceramic-lined connector is observed by visual, audible, olfactory, or other means to be leaking, the leak shall be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in § 63.171 of this subpart and paragraph (g) of this section.
(3)
A first attempt at repair shall be made no later than 5 calendar days after the leak is detected.
(i)
For use in determining the monitoring frequency, as specified in paragraph (b) of this section, the percent leaking connectors shall be calculated as specified in paragraphs (i)(1) and (i)(2) of this section.
(1)
For the first monitoring period, use the following equation—
(2)
For subsequent monitoring periods, use the following equation—
(j)
Optional credit for removed connectors. If an owner or operator eliminates a connector subject to monitoring under paragraph (b) of this section, the owner or operator may receive credit for elimination of the connector, as described in paragraph (i) of this section, provided the requirements in paragraphs (j)(1) through (j)(4) are met.
(1)
The connector was welded after the date of proposal of the specific subpart that references this subpart.
(2)
The integrity of the weld is demonstrated by monitoring it according to the procedures in § 63.180(b) of this subpart or by testing using X-ray, acoustic monitoring, hydrotesting, or other applicable method.
(3)
Welds created after the date of proposal but before the date of promulgation of a specific subpart that references this subpart are monitored or tested by 3 months after the compliance date specified in the applicable subpart.
(4)
Welds created after promulgation of the subpart that references this subpart are monitored or tested within 3 months after being welded.
(5)
If an inadequate weld is found or the connector is not welded completely around the circumference, the connector is not considered a welded connector and is therefore not exempt from the provisions of this subpart.
Notes, amendments, and revision history

Amendments

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 61 FR 31440, June 20, 1996; 62 FR 2791, Jan. 17, 1997; 89 FR 43224, May 16, 2024]

Source

Source: 59 FR 19568, Apr. 22, 1994, unless otherwise noted.

Authority

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

Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

Amendments

[59 FR 19568, Apr. 22, 1994, as amended at 59 FR 48177, Sept. 20, 1994; 61 FR 31440, June 20, 1996; 62 FR 2791, Jan. 17, 1997; 89 FR 43224, May 16, 2024]