Regulations last checked for updates: Jun 01, 2024

Title 40 - Protection of Environment last revised: May 30, 2024
§ 63.1000 - Applicability.

(a) The provisions of this subpart apply to the control of air emissions from equipment leaks for which another subpart references the use of this subpart for such air emission control. These air emission standards for equipment leaks are placed here for administrative convenience and only apply to those owners and operators of facilities subject to the referencing subpart. The provisions of 40 CFR part 63 subpart A (General Provisions) do not apply to this subpart except as noted in the referencing subpart.

(b) Implementation and enforcement. This subpart can be implemented and enforced by the U.S. Environmental Protection Agency (EPA), or a delegated authority such as the applicable State, local, or tribal agency. If the EPA Administrator has delegated authority to a State, local, or tribal agency, then that agency has the authority to implement and enforce this subpart. Contact the applicable EPA Regional Office to find out if this subpart is delegated to a State, local, or tribal agency.

(1) In delegating implementation and enforcement authority of this subpart to a State, local, or tribal agency under section 40 CFR part 63, subpart E, the authorities contained in paragraphs (b)(1)(i) through (v) of this section are retained by the EPA Administrator and are not transferred to the State, local, or tribal agency.

(i) Approval of alternatives to the nonopacity emissions standards in §§ 63.1003 through 63.1015, under § 63.6(g). Where these standards reference another subpart, the cited provisions will be delegated according to the delegation provisions of the referenced subpart.

(ii) [Reserved]

(iii) Approval of major changes to test methods under § 63.7(e)(2)(ii) and (f) and as defined in § 63.90.

(iv) Approval of major changes to monitoring under § 63.8(f) and as defined in § 63.90.

(v) Approval of major changes to recordkeeping and reporting under § 63.10(f) and as defined in § 63.90.

(c) Exemptions. Paragraphs (c)(1) through (c)(3) delineate equipment that is excluded from the requirements of this subpart.

(1) Equipment in vacuum service. Equipment that is in vacuum service is excluded from the requirements of this subpart.

(2) Equipment in service less than 300 hours per calendar year. Equipment that is in regulated material service less than 300 hours per calendar year is excluded from the requirements of §§ 63.1006 through 63.1015 if it is identified as required in § 63.1003(b)(5).

(3) Lines and equipment not containing process fluids. Except as provided in a referencing subpart, 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 which do not combine their materials with those in the processes they serve, are not considered to be part of a process unit or affected facility.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999; 67 FR 46278, July 12, 2002]
§ 63.1001 - Definitions.

All terms used in this part shall have the meaning given them in the Act and in this section.

Closed-loop system means an enclosed system that returns process fluid to the process and is not vented directly to the atmosphere.

Closed-purge system means a system or combination of systems and portable containers to capture purged liquids. Containers must be covered or closed when not being filled or emptied.

Closed-vent system means a system that is not open to the atmosphere and is composed of piping, ductwork, connections, and, if necessary, flow inducing devices that transport gas or vapor from an emission point to a control device.

Combustion device means an individual unit of equipment, such as a flare, incinerator, process heater, or boiler, used for the combustion of organic emissions.

Connector means flanged, screwed, or other joined fittings used to connect two pipelines or a pipeline and a piece of equipment. A common connector is a flange. Joined fittings welded completely around the circumference of the interface are not considered connectors for the purpose of this regulation. For the purpose of reporting and recordkeeping, connector means joined fittings that are not inaccessible, ceramic, or ceramic-lined (e.g., porcelain, glass, or glass-lined) as described in § 63.1008(d)(2).

Control device means any combustion device, recovery device, recapture device, or any combination of these devices used to comply with this part. Such equipment or devices include, but are not limited to, absorbers, carbon adsorbers, condensers, incinerators, flares, boilers, and process heaters. Primary condensers on steam strippers or fuel gas systems are not considered control devices.

Distance piece means an open or enclosed casing through which the piston rod travels, separating the compressor cylinder from the crankcase.

Double block and bleed system means two block valves connected in series with a bleed valve or line that can vent the line between the two block valves.

Equipment means each pump, compressor, agitator, pressure relief device, sampling connection system, open-ended valve or line, valve, connector, and instrumentation system in regulated material service; and any control devices or systems used to comply with this subpart.

First attempt at repair, for the purposes of this subpart, means to take action for the purpose of stopping or reducing leakage of organic material to the atmosphere, followed by monitoring as specified in § 63.1004(b) and, as applicable, in § 63.1004(c), as appropriate, to verify whether the leak is repaired, unless the owner or operator determines by other means that the leak is not repaired.

Fuel gas means gases that are combusted to derive useful work or heat.

Fuel gas system means the offsite and onsite piping and flow and pressure control system that gathers gaseous stream(s) generated by onsite operations, may blend them with other sources of gas, and transports the gaseous stream for use as a fuel gas in combustion equipment, such as furnaces and gas turbines, either singly or in combination.

In gas or vapor service means that a piece of equipment in regulated material service contains a gas or vapor at operating conditions.

In heavy liquid service means that a piece of equipment in regulated material is not in gas or vapor service or in light liquid service.

In light liquid service means that a piece of equipment in regulated-material service contains a liquid that meets the following conditions:

(1) The vapor pressure of one or more of the organic compounds is greater than 0.3 kilopascals at 20 °C,

(2) The total concentration of the pure organic compounds constituents having a vapor pressure greater than 0.3 kilopascals at 20 °C is equal to or greater than 20 percent by weight of the total process stream, and

(3) The fluid is a liquid at operating conditions.

(Note to definition of “In light liquid service”:

Vapor pressures may be determined by standard reference texts or ASTM D-2879.)

In liquid service means that a piece of equipment in regulated material service is not in gas or vapor service.

In organic hazardous air pollutant or in organic HAP service means that a piece of equipment either contains or contracts a fluid (liquid or gas) that is at least 5 percent by weight of total organic HAP's as determined according to the provisions of § 63.180(d) of subpart H. The provisions of § 63.180(d) of subpart H also specify how to determine that a piece of equipment is not in organic HAP service.

In regulated material service means, for the purposes of this subpart, equipment which meets the definition of “in VOC service”, “in VHAP service”, “in organic hazardous air pollutant service,” or “in other chemicals or groups of chemicals service” as defined in the referencing subpart.

In-situ sampling systems means nonextractive samplers or in-line samplers.

In vacuum service means that equipment is operating at an internal pressure which is at least 5 kilopascals below ambient pressure.

Initial startup means for new sources, the first time the source begins production. For additions or changes not defined as a new source by this subpart, initial startup means the first time additional or changed equipment is put into operation. Initial startup does not include operation solely for testing of equipment. Initial startup does not include subsequent startup of process units following malfunction or process unit shutdowns. Except for equipment leaks, initial startup also does not include subsequent startups (of process units following changes in product for flexible operation units or following recharging of equipment in batch unit operations).

Instrumentation system means a group of equipment components used to condition and convey a sample of the process fluid to analyzers and instruments for the purpose of determining process operating conditions (e.g., composition, pressure, flow, etc.). Valves and connectors are the predominant type of equipment used in instrumentation systems; however, other types of equipment may also be included in these systems. Only valves nominally 1.27 centimeters (0.5 inches) and smaller, and connectors nominally 1.91 centimeters (0.75 inches) and smaller in diameter are considered instrumentation systems for the purposes of this subpart. Valves greater than nominally 1.27 centimeters (0.5 inches) and connectors greater than nominally 1.91 centimeters (0.75 inches) associated with instrumentation systems are not considered part of instrumentation systems and must be monitored individually.

Liquids dripping means any visible leakage from the seal including dripping, spraying, misting, clouding, and ice formation. Indications of liquids dripping include puddling or new stains that are indicative of an existing evaporated drip.

Nonrepairable means that it is technically infeasible to repair a piece of equipment from which a leak has been detected without a process unit or affected facility shutdown.

Open-ended valve or line means any valve, except relief valves, having one side of the valve seat in contact with process fluid and one side open to atmosphere, either directly or through open piping.

Organic monitoring device means a unit of equipment used to indicate the concentration level of organic compounds based on a detection principle such as infra-red, photo ionization, or thermal conductivity.

Pressure release means the emission of materials resulting from the system pressure being greater than the set pressure of the relief device. This release can be one release or a series of releases over a short time period due to a malfunction in the process.

Pressure relief device or valve means a safety device used to prevent operating pressures from exceeding the maximum allowable working pressure of the process equipment. A common pressure relief device is a spring-loaded pressure relief valve. Devices that are actuated either by a pressure of less than or equal to 2.5 pounds per square inch gauge or by a vacuum are not pressure relief devices.

Process unit means the equipment specified in the definitions of process unit in the applicable referencing subpart. If the referencing subpart does not define process unit, then for the purposes of this part, process unit means the equipment assembled and connected by pipes or ducts to process raw materials and to manufacture an intended product.

Process unit shutdown means a work practice or operational procedure that stops production from a process unit, or part of a process unit during which it is technically feasible to clear process material from a process unit, or part of a process unit, consistent with safety constraints and during which repairs can be affected. The following are not considered process unit shutdowns:

(1) An unscheduled work practice or operations procedure that stops production from a process unit, or part of a process unit, for less than 24 hours.

(2) An unscheduled work practice or operations procedure that would stop production from a process unit, or part of a process unit, for a shorter period of time than would be required to clear the process unit, or part of the process unit, of materials and start up the unit, and would result in greater emissions than delay of repair of leaking components until the next scheduled process unit shutdown.

(3) The use of spare equipment and technically feasible bypassing of equipment without stopping production.

Referencing subpart means the subpart which refers an owner or operator to this subpart.

Regulated material, for purposes of this subpart, refers to gases from volatile organic liquids (VOL), volatile organic compounds (VOC), hazardous air pollutants (HAP), or other chemicals or groups of chemicals that are regulated by the referencing subpart.

Regulated source for the purposes of this subpart, means the stationary source, the group of stationary sources, or the portion of a stationary source that is regulated by a referencing subpart.

Relief device or valve means a valve used only to release an unplanned, nonroutine discharge. A relief valve discharge can result from an operator error, a malfunction such as a power failure or equipment failure, or other unexpected cause that requires immediate venting of gas from process equipment in order to avoid safety hazards or equipment damage.

Repaired, for the purposes of this subpart means the following:

(1) Equipment is adjusted, or otherwise altered, to eliminate a leak as defined in the applicable sections of this subpart, and

(2) Equipment, unless otherwise specified in applicable provisions of this subpart, is monitored as specified in § 63.1004(b) and, as applicable in §§ 63.1004(c) and 63.1015 of this part as appropriate, to verify that emissions from the equipment are below the applicable leak definition.

Routed to a process or route to a process means the emissions are conveyed to any enclosed portion of a process unit where the emissions are predominantly recycled and/or consumed in the same manner as a material that fulfills the same function in the process and/or transformed by chemical reaction into materials that are not regulated materials and/or incorporated into a product; and /or recovered.

Sampling connection system means an assembly of equipment within a process unit or affected facility used during periods of representative operation to take samples of the process fluid. Equipment used to take nonroutine grab samples is not considered a sampling connection system.

Screwed (threaded) connector means a threaded pipe fitting where the threads are cut on the pipe wall and the fitting requires only two pieces to make the connection (i.e., the pipe and the fitting).

Sensor means a device that measures a physical quantity or the change in a physical quantity, such as temperature, pressure, flow rate, pH, or liquid level.

Set pressure means the pressure at which a properly operating pressure relief device begins to open to relieve atypical process system operating pressure.

Start-up means the setting into operation of a piece of equipment or a control device that is subject to this subpart.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]
§ 63.1002 - Compliance assessment.

(a) General procedures for compliance assessment. Compliance with this subpart will be determined by review of the records required by § 63.1017 and the reports required by § 63.1018, by review of performance test results, and by inspections.

(b) Alternative means of emission limitation. The provisions of paragraph (b) of this section do not apply to the performance standards of § 63.1006(e)(4) for valves designated as having no detectable emissions, § 63.1011(b) for pressure relief devices, or § 63.1012(f) for compressors operating under the alternative compressor standard.

(1) An owner or operator may request a determination of alternative means of emission limitation to the requirements of §§ 63.1005 through 63.1015 as provided in paragraphs (b)(2) through (b)(6) of this section. If the Administrator makes a determination that an alternative means of emission limitation is a permissible alternative, the owner or operator shall comply with the alternative.

(2) Permission to use an alternative means of emission limitation shall be governed by the following procedures in paragraphs (b)(3) through (b)(6) of this section.

(3) Where the standard is an equipment, design, or operational requirement the criteria specified in paragraphs (b)(3)(i) and (b)(3)(ii) shall be met.

(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.

(4) Where the standard is a work practice the criteria specified in paragraphs (b)(4)(i) through (b)(4)(iv) shall be met.

(i) Each owner or operator applying for permission shall be responsible for collecting and verifying test data for an alternative means of emission limitation.

(ii) For each kind of equipment for which permission is requested, the emission reduction achieved by the alternative means of emission limitation shall be demonstrated.

(iii) The Administrator will compare the demonstrated emission reduction for the alternative means of emission limitation to the demonstrated emission reduction for the required work practices.

(iv) The Administrator may condition the permission on requirements that may be necessary to ensure operation and maintenance to achieve the same or greater emission reduction as the required work practices of this subpart.

(5) An owner or operator may offer a unique approach to demonstrate the alternative means of emission limitation.

(6) If, in the judgement of the Administrator, an alternative means of emission limitation will be approved, the Administrator will publish a notice of the determination in the Federal Register.

(7)(i) Manufacturers of equipment used to control equipment leaks of a regulated material may apply to the Administrator for permission for an alternative means of emission limitation that achieves a reduction in emissions of the regulated material achieved by the equipment, design, and operational requirements of this subpart.

(ii) The Administrator will grant permission according to the provisions of paragraphs (b)(3), (b)(4), (b)(5) and (b)(6) of this section.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]
§ 63.1003 - Equipment identification.

(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 or affected facility 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 §§ 63.1006 to 63.1015 shall be specifically identified as required in paragraphs (b)(1) through (b)(5) of this section, as applicable.

(1) Connectors. Except for inaccessible, ceramic, or ceramic-lined connectors meeting the provisions of § 63.1008(d)(2) and instrumentation systems identified pursuant to paragraph (b)(4) of this section, identify the connectors subject to the requirements of this subpart. 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.

(2) 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 § 63.1007(e)(3) (pumps in light liquid service), § 63.1009(e)(3) (agitators in gas and vapor service and in light liquid service), § 63.1011(d) (pressure relief devices in gas and vapor service), § 63.1012(e) (compressors), or § 63.1016 (alternative means of emission limitation for enclosed vented process units) of this subpart.

(3) Pressure relief devices. Identify the pressure relief devices equipped with rupture disks, under the provisions of § 63.1011(e) of this subpart.

(4) Instrumentation systems. Identify instrumentation systems subject to the provisions of § 63.1010 of this subpart. Individual components in an instrumentation system need not be identified.

(5) Equipment in service less than 300 hours per calendar year. The identity, either by list, location (area or group), or other method, of equipment in regulated material service less than 300 hours per calendar year within a process unit or affected facilities subject to the provisions of this subpart shall be recorded.

(c) Special equipment designations: Equipment that is unsafe or difficult-to-monitor—(1) Designation and criteria for unsafe-to-monitor. Valves meeting the provisions of § 63.1006(e)(1), pumps meeting the provisions of § 63.1007(e)(5), connectors meeting the provisions of § 63.1008(d)(1), and agitators meeting the provisions of § 63.1009(e)(7) may be designated unsafe-to-monitor if the owner or operator determines that monitoring personnel would be exposed to an immediate danger as a consequence of complying with the monitoring requirements of this subpart. Examples of an unsafe-to-monitor equipment include, but is not limited to, equipment under extreme pressure or heat.

(2) Designation and criteria for difficult-to-monitor. Valves meeting the provisions of § 63.1006(e)(2) may be designated difficult-to-monitor if the provisions of paragraph (c)(2)(i) of this section apply. Agitators meeting the provisions of § 63.1009(f)(5) may be designated difficult-to-monitor if the provisions of paragraph (c)(2)(ii) apply.

(i) Valves. (A) The owner or operator of the valve determines that the equipment cannot be monitored without elevating the monitoring personnel more than 2 meters (7 feet) above a support surface or it is not accessible in a safe manner when it is in regulated material service.

(B) The process unit or affected facility within which the valve is located is an existing source, or the owner or operator designates less than 3 percent of the total number of valves in a new source as difficult-to-monitor.

(ii) Agitators. The owner or operator determines that the agitator cannot be monitored without elevating the monitoring personnel more than 2 meters (7 feet) above a support surface or it is not accessible in a safe manner when it is in regulated material service.

(3) [Reserved]

(4) Identification of unsafe or difficult-to-monitor equipment. The owner or operator shall record the identity of equipment designated as unsafe-to-monitor according to the provisions of paragraph (c)(1) of this section and the planned schedule for monitoring this equipment. The owner or operator shall record the identity of equipment designated as difficult-to-monitor according to the provisions of paragraph (c)(2) of this section, the planned schedule for monitoring this equipment, and an explanation why the equipment is difficult-to-monitor. This record must be kept at the plant and be available for review by an inspector.

(5) Written plan requirements. (i) The owner or operator of equipment designated as unsafe-to-monitor except connectors meeting the provisions of § 63.1008(d)(1) according to the provisions of paragraph (c)(1) of this section shall have a written plan that requires monitoring of the equipment as frequently as practical during safe-to-monitor times, but not more frequently than the periodic monitoring schedule otherwise applicable, and repair of the equipment according to the procedures in § 63.1005 if a leak is detected.

(ii) The owner or operator of equipment designated as difficult-to-monitor according to the provisions of paragraph (c)(2) of this section shall have a written plan that requires monitoring of the equipment at least once per calendar year, and repair of the equipment according to the procedures in § 63.1005 if a leak is detected.

(d) Special equipment designations: Unsafe-to-repair—(1) Designation and criteria. Connectors subject to the provisions of § 63.1005(e) may be considered unsafe-to-repair if the owner or operator determines that repair personnel would be exposed to an immediate danger as a consequence of complying with the repair requirements of this subpart, and if the connector will be repaired before the end of the next process unit or affected facility shutdown as specified in § 63.1005(e) of this subpart.

(2) Identification of equipment. The identity of connectors designated as unsafe-to-repair and an explanation why the connector is unsafe-to-repair shall be recorded.

(e) Special equipment designations: Equipment operating with no detectable emissions—(1) Designation and criteria. Equipment may be designated as having no detectable emissions if it has no external actuating mechanism in contact with the process fluid and is operated with emissions less than 500 parts per million above background as determined by the method specified in § 63.1004(b) and (c).

(2) Identification of equipment. The identity of equipment designated as no detectable emissions shall be recorded.

(3) Identification of compressors operating under no detectable emissions. Identify the compressors that the owner or operator elects to designate as operating with an instrument reading of less than 500 parts per million above background, under the provisions of § 63.1012(f).

[64 FR 34886, June 29, 1999, as amended at 64 FR 63705, Nov. 22, 1999]
§ 63.1004 - Instrument and sensory monitoring for leaks.

(a) Monitoring for leaks. The owner or operator of a regulated source subject to this subpart shall monitor all 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 and vapor service and in light liquid service shall be monitored pursuant to § 63.1006(b).

(ii) Pumps in light liquid service shall be monitored pursuant to § 63.1007(b).

(iii) Connectors in gas and vapor service and in light liquid service shall be monitored pursuant to § 63.1008(b).

(iv) Agitators in gas and vapor service and in light liquid service shall be monitored pursuant to § 63.1009(b).

(v) Pressure relief devices in gas and vapor service shall be monitored pursuant to § 63.1011(c).

(vi) Compressors designated to operate with an instrument reading less than 500 parts per million as described in § 63.1003(e), shall be monitored pursuant to § 63.1012(f).

(2) Sensory monitoring for leaks. (i) Pumps in light liquid service shall be observed pursuant to § 63.1007(b)(3) and (e)(1)(v).

(ii) [Reserved]

(iii) Agitators in gas and vapor service and in light liquid service shall be observed pursuant to § 63.1009(b)(3) or (e)(1)(iv).

(iv) [Reserved]

(b) Instrument monitoring methods. Instrument monitoring, as required under this subpart, shall comply with the requirements specified in paragraphs (b)(1) through (b)(6) of this section.

(1) Monitoring method. Monitoring shall comply with Method 21 of 40 CFR part 60, appendix A.

(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 40 CFR part 60, appendix A, 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, and not for each individual HAP, VOC or other regulated material individual chemical compound in the stream. For process streams that contain nitrogen, air, water, or other inerts that are not regulated materials, the representative stream response factor shall be calculated on an inert-free basis. The response factor may be determined at any concentration for which monitoring for leaks will be conducted.

(ii) If there is no instrument commercially available that will meet the performance criteria specified in paragraph (b)(2)(i) of this section, the instrument readings may be adjusted by multiplying by the representative response factor of the process fluid, calculated on an inert-free basis as described in paragraph (b)(2)(i) of this section.

(3) Detection instrument calibration procedure. The detection instrument shall be calibrated before use on each day of its use by the procedures specified in Method 21 of 40 CFR part 60, appendix A.

(4) Detection instrument calibration gas. Calibration gases shall be zero air (less than 10 parts per million of hydrocarbon in air); and a mixture of methane in air at a concentration of approximately, but less than, 10,000 parts per million; or a mixture of n-hexane in air at a concentration of approximately, but less than, 10,000 parts per million. A calibration gas other than methane in air or n-hexane in air may be used if the instrument does not respond to methane or n-hexane or if the instrument does not meet the performance criteria specified in paragraph (b)(2)(i) of this section. In such cases, the calibration gas may be a mixture of one or more compounds to be measured in air.

(5) Monitoring performance. Monitoring shall be performed when the equipment is in regulated material service or is in use with any other detectable material.

(6) Monitoring data. Monitoring data obtained prior to the regulated source becoming subject to the referencing subpart that do not meet the criteria specified in paragraphs (b)(1) through (b)(5) of this section may still be used to initially qualify for less frequent monitoring under the provisions in § 63.1006(a)(2), (b)(3) or (b)(4) for valves provided the departures from the criteria specified or from the specified monitoring frequency of § 63.1006(b)(3) are minor and do not significantly affect the quality of the data. Examples of minor departures are monitoring at a slightly different frequency (such as every six weeks instead of monthly or quarterly), following the performance criteria of section 3.1.2(a) of Method 21 of appendix A of 40 CFR part 60 instead of paragraph (b)(2) of this section, or monitoring at a different leak definition if the data would indicate the presence or absence of a leak at the concentration specified in the referencing subpart. Failure to use a calibrated instrument is not considered a minor departure.

(c) Instrument monitoring using background adjustments. The owner or operator may elect to adjust or not to adjust the instrument readings for background. If an owner or operator elects not to adjust instrument readings for background, the owner or operator shall monitor the equipment according to the procedures specified in paragraphs (b)(1) through (b)(5) of this section. In such case, all instrument readings shall be compared directly to the applicable leak definition for the monitored equipment to determine whether there is a leak or to determine compliance with § 63.1011(b) (pressure relief devices in gas and vapor service) or § 63.1012(f) (compressors). If an owner or operator elects to adjust instrument readings for background, the owner or operator shall monitor the equipment according to the procedures specified in paragraphs (c)(1) through (c)(4) of this section.

(1) The requirements of paragraphs (b)(1) through (b)(5) of this section shall apply.

(2) The background level shall be determined, using the procedures in Method 21 of 40 CFR part 60, appendix A.

(3) The instrument probe shall be traversed around all potential leak interfaces as close to the interface as possible (as described in Method 21 of 40 CFR part 60, appendix A).

(4) The arithmetic difference between the maximum concentration indicated by the instrument and the background level shall be compared to the applicable leak definitions for the monitored equipment to determine whether there is a leak or to determine compliance with § 63.1011(b) (pressure relief devices in gas and vapor service) or § 63.1012(f) (compressors).

(d) Sensory monitoring methods. Sensory monitoring, as required under this subpart, shall consist of detection of a potential leak to the atmosphere by visual, audible, olfactory, or any other detection method.

(e) Leaking equipment identification and records. (1) When each leak is detected pursuant to the monitoring specified in paragraph (a) of this section, a weatherproof and readily visible identification, marked with the equipment identification, shall be attached to the leaking equipment.

(2) When each leak is detected, the information specified in § 63.1005(e) shall be recorded and kept pursuant to the referencing subpart.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]
§ 63.1005 - Leak repair.

(a) Leak repair schedule. The owner or operator shall repair each leak detected no later than 15 calendar days after it is detected, except as provided in paragraphs (c) and (d) of this section. A first attempt at repair 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) Leak identification removal—(1) Valves in gas/vapor and light liquid service. The leak identification on a valve in gas/vapor or light liquid service may be removed after it has been monitored as specified in § 63.1006(b), 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 § 63.1008(b) and no leak has been detected during that monitoring.

(2) Other equipment. The identification that has been placed, pursuant to § 63.1004(e), on equipment determined to have a leak, except for a valve in gas/vapor or light liquid service, may be removed after it is repaired.

(c) Delay of repair. Delay of repair can be used as specified in any of paragraphs (c)(1) through (c)(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 the repair was technically infeasible without a process unit shutdown.

(1) Delay of repair of equipment for which leaks have been detected is allowed if the repair is technically infeasible without a process unit or affected facility shutdown within 15 days after a leak is detected. Repair of this equipment shall occur as soon as practical, but not later than by the end of the next process unit or affected facility shutdown, except as provided in paragraph (c)(5) of this section.

(2) Delay of repair of equipment for which leaks have been detected is allowed for equipment that is isolated from the process and that does not remain in regulated material service.

(3) Delay of repair for valves, connectors, and agitators is also allowed if the criteria specified in paragraphs (c)(3)(i) and (c)(3)(ii) are met.

(i) The owner or operator determines that emissions of purged material resulting from immediate repair would be greater than the fugitive emissions likely to result from delay of repair, and

(ii) When repair procedures are effected, the purged material is collected and destroyed, or recovered in a control or recovery device, or routed to a fuel gas system or process complying with § 63.1015 or § 63.1002(b) of this part.

(4) Delay of repair for pumps is allowed if the criteria specified in paragraphs (c)(4)(i) and (c)(4)(ii) are met.

(i) Repair requires replacing the existing seal design with a new system that the owner or operator has determined will provide better performance or one of the specifications of paragraphs (c)(4)(i)(A) through (c)(4)(i)(C) of this section are met.

(A) A dual mechanical seal system that meets the requirements of § 63.1007(e)(1) will be installed,

(B) A pump that meets the requirements of § 63.1007(e)(2) will be installed; or

(C) A system that routes emissions to a process or a fuel gas system or a closed vent system and control device that meets the requirements of § 63.1007(e)(3) will be installed.

(ii) Repair is to be completed as soon as practical, but not later than 6 months after the leak was detected.

(5) Delay of repair beyond a process unit or affected facility shutdown will be allowed for a valve if valve assembly replacement is necessary during the process unit or affected facility shutdown, and valve assembly supplies have been depleted, and valve assembly supplies had been sufficiently stocked before the supplies were depleted. Delay of repair beyond the second process unit or affected facility shutdown will not be allowed unless the third process unit or affected facility shutdown occurs sooner than 6 months after the first process unit or affected facility shutdown.

(d) Unsafe-to-repair connectors. Any connector that is designated, as described in § 63.1003(d), as an unsafe-to-repair connector is exempt from the requirements of § 63.1008(c), and paragraph (a) of this section.

(e) Leak repair records. For each leak detected, the information specified in paragraphs (e)(1) through (e)(5) of this section shall be recorded and maintained pursuant to the referencing subpart.

(1) The date of first attempt to repair the leak.

(2) The date of successful repair of the leak.

(3) Maximum instrument reading measured by Method 21 of 40 CFR part 60, appendix A at the time the leak is successfully repaired or determined to be nonrepairable.

(4) “Repair delayed” and the reason for the delay if a leak is not repaired within 15 calendar days after discovery of the leak as specified in paragraphs (e)(4)(i) and (e)(4)(ii) of this section.

(i) The owner or operator may develop a written procedure that identifies the conditions that justify a delay of repair. The written procedures may be included as part of the startup, shutdown, and malfunction plan, as required by the referencing subpart for the source, or may be part of a separate document that is maintained at the plant site. In such cases, reasons for delay of repair may be documented by citing the relevant sections of the written procedure.

(ii) If delay of repair was caused by depletion of stocked parts, there must be documentation that the spare parts were sufficiently stocked on site before depletion and the reason for depletion.

(5) Dates of process unit or affected facility shutdowns that occur while the equipment is unrepaired.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]
§ 63.1006 - Valves in gas and vapor service and in light liquid service standards.

(a) Compliance schedule. (1) The owner or operator shall comply with this section no later than the compliance dates specified in the referencing subpart.

(2) The use of monitoring data generated before the regulated source became subject to the referencing subpart to initially qualify for less frequent monitoring is governed by the provisions of § 63.1004(b)(6).

(b) Leak detection. Unless otherwise specified in § 63.1002(b), or § 63.1016, or in paragraph (e) of this section, or the referencing subpart, the owner or operator shall monitor all valves at the intervals specified in paragraphs (b)(3) through (b)(6) 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 § 63.1004(b) and (c).

(2) Instrument reading that defines a leak. The instrument reading that defines a leak is 10,000 parts per million or greater.

(3) Monitoring period. (i) Each valve shall be monitored monthly to detect leaks, except as provided in paragraphs (b)(3)(ii), (e)(1), (e)(2), and (e)(4) of this section. An owner or operator may otherwise elect to comply with one of the alternative standards in paragraphs (b)(5) or (b)(6) of this section as specified in paragraph (b)(4) of this section.

(ii)(A) Any valve for which a leak is not detected for 2 successive months may be monitored the same month (first, second, or third month) of every quarter, beginning with the next quarter, until a leak is detected. The first quarterly monitoring shall occur less than 3 months following the last monthly monitoring.

(B) If a leak is detected, the valve shall be monitored monthly until a leak is not detected for 2 successive months.

(C) For purposes of paragraph (b) of this section, quarter means a 3-month period with the first quarter concluding on the last day of the last full month during the 180 days following initial startup.

(4) Allowance of alternative standards. An owner or operator may elect to comply with one of the alternatives specified in either paragraph (b)(5) or (b)(6) of this section if the percentage of valves leaking is equal to or less than 2.0 percent as determined by the procedure in paragraph (c) of this section. An owner or operator must notify the Administrator before implementing one of the alternatives specified in either paragraph (b)(5) or (b)(6) of this section.

(5) Allowable percentage alternative. An owner or operator choosing to comply with the allowable percentage alternative shall have an allowable percentage of leakers no greater than 2.0 percent for each affected facility or process unit and shall comply with paragraphs (b)(5)(i) and (b)(5)(ii) of this section.

(i) A compliance demonstration for each affected facility or process unit or affected facility complying with this alternative shall be conducted initially upon designation, annually, and at other times requested by the Administrator. For each such demonstration, all valves in gas and vapor and light liquid service within the affected facility or process unit shall be monitored within 1 week by the methods specified in § 63.1004(b). If an instrument reading exceeds the equipment leak level specified in the referencing subpart, a leak is detected. The leak percentage shall be calculated as specified in paragraph (c) of this section.

(ii) If an owner or operator decides no longer to comply with this alternative, the owner or operator must notify the Administrator in writing that the work practice standard described in paragraph (b)(3) of this section will be followed.

(6) Skip period alternatives. An owner or operator may elect to comply with one of the alternative work practices specified in paragraphs (b)(6)(i) or (b)(6)(ii) of this section. An owner or operator electing to use one of these skip period alternatives shall comply with paragraphs (b)(6)(iii) and (b)(6)(iv) of this section. Before using either skip period alternative, the owner or operator shall initially comply with the requirements of paragraph (b)(3) of this section. Monitoring data generated before the regulated source became subject to the referencing subpart that meets the criteria of either § 63.1004(b)(1) through (b)(5), or § 63.1004(b)(6), may be used to initially qualify for skip period alternatives.

(i) After 2 consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0 as determined by the procedure in paragraph (c) of this section, an owner or operator may begin to monitor for leaks once every 6 months.

(ii) After 5 consecutive quarterly leak detection periods with the percent of valves leaking equal to or less than 2.0 as determined by the procedure in paragraph (c) of this section, an owner or operator may begin to monitor for leaks once every year.

(iii) If the percent of valves leaking is greater than 2.0, the owner or operator shall comply with paragraph (b)(3) of this section, but can elect to comply with paragraph (b)(6) of this section if future percent of valves leaking is again equal to or less than 2.0.

(iv) The owner or operator shall keep a record of the monitoring schedule and the percent of valves found leaking during each monitoring period.

(c) Percent leaking valves calculation—calculation basis and procedures. (1) The owner or operator shall decide no later than the compliance date of this subpart, or upon revision of an operating permit whether to calculate percent leaking valves on a process unit or group of process units basis. Once the owner or operator has decided, all subsequent percentage calculations shall be made on the same basis and this shall be the basis used for comparison with the subgrouping criteria specified in paragraph (b)(5)(i) of this section.

(2) The percent of valves leaking shall be determined by dividing the sum of valves found leaking during current monitoring and valves for which repair has been delayed by the total number of valves subject to the requirements of this section.

(d) Leak repair. (1) If a leak is determined pursuant to paragraph (b), (e)(1), or (e)(2) of this section, then the leak shall be repaired using the procedures in § 63.1005, as applicable.

(2) After a leak determined pursuant to paragraph (b) or (e)(2) of this section has been repaired, the valve shall be monitored at least once within the first 3 months after its repair. The monitoring required by this paragraph is in addition to the monitoring required to satisfy the definition of repair.

(i) The monitoring shall be conducted as specified in § 63.1004(b) and (c), as appropriate, to determine whether the valve has resumed leaking.

(ii) Periodic monitoring required by paragraph (b) of this section may be used to satisfy the requirements of this paragraph, if the timing of the monitoring period coincides with the time specified in this paragraph. Alternatively, other monitoring may be performed to satisfy the requirements of this paragraph, regardless of whether the timing of the monitoring period for periodic monitoring coincides with the time specified in this paragraph.

(iii) If a leak is detected by monitoring that is conducted pursuant to paragraph (d)(2) of this section, the owner or operator shall follow the provisions of paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) of this section, to determine whether that valve must be counted as a leaking valve for purposes of paragraph (c) of this section.

(A) If the owner or operator elected to use periodic monitoring required by paragraph (b) of this section to satisfy the requirements of paragraph (d)(2) of this section, then the valve shall be counted as a leaking valve.

(B) If the owner or operator elected to use other monitoring, prior to the periodic monitoring required by paragraph (b) of this section, to satisfy the requirements of paragraph (d)(2) of this section, then the valve shall be counted as a leaking valve unless it is repaired and shown by periodic monitoring not to be leaking.

(e) Special provisions for valves—(1) Unsafe-to-monitor valves. Any valve that is designated, as described in § 63.1003(c)(1), as an unsafe-to-monitor valve, is exempt from the monitoring requirements of paragraph (b) of this section, and the owner or operator shall monitor the valve according to the written plan specified in § 63.1003(c)(5).

(2) Difficult-to-monitor. Any valve that is designated, as described in § 63.1003(c)(2), as a difficult-to-monitor valve, is exempt from the requirements of paragraph (b) of this section, and the owner or operator shall monitor the valve according to the written plan specified in § 63.1003(c)(5).

(3) Less than 250 valves. Any equipment located at a plant site with fewer than 250 valves in regulated material service is exempt from the monthly monitoring specified in paragraph (b)(3)(i) of this section. Instead, the owner or operator shall monitor each valve in regulated material service for leaks once each quarter, or comply with paragraphs (b)(3)(ii)(A), (b)(3)(ii)(B), or (b)(3)(ii)(C) of this section except as provided in paragraphs (e)(1) and (e)(2) of this section.

(4) No detectable emissions. (i) Any valve that is designated, as described in § 63.1003(e), as having no detectable emissions is exempt from the requirements of paragraphs (b) through (c) of this section if the owner or operator meets the criteria specified in paragraphs (e)(4)(i)(A) and (e)(4)(i)(B) of this section.

(A) Tests the valve for operation with emissions less than 500 parts per million above background as determined by the method specified in § 63.1004(c) initially upon designation, annually, and at other times requested by the Administrator, and

(B) Records the dates of each compliance demonstration, the background level measured during each compliance test, and the maximum instrument reading measured at the equipment during each compliance test.

(ii) A valve may not be designated or operated for no detectable emissions, as described in § 63.1003(e), if the valve has an instrument reading greater than 500 parts per million above background.

§ 63.1007 - Pumps in light liquid service standards.

(a) Compliance schedule. The owner or operator shall comply with this section no later than the compliance date specified in the referencing subpart.

(b) Leak detection. Unless otherwise specified in § 63.1002(b), or § 63.1016 of this subpart or paragraph (e) of this section, the owner or operator shall monitor each pump monthly to detect leaks and shall comply with all other provisions of this section.

(1) Monitoring method. The pumps shall be monitored to detect leaks by the method specified in § 63.1004(b) of this subpart.

(2) Instrument reading that defines a leak. The instrument reading that defines a leak is 10,000 parts per million.

(3) 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, a leak is detected. Unless the owner or operator demonstrates (e.g., through instrument monitoring) that the indications of liquids dripping are due to a condition other than process fluid drips, the leak shall be repaired according to the procedures of paragraph (b)(4) of this section.

(4) Visual inspection: Leak repair. Where a leak is identified by visual indications of liquids dripping, repair shall mean that the visual indications of liquids dripping have been eliminated.

(c) Percent leaking pumps calculation. (1) The owner or operator shall decide no later than the compliance date of this part or upon revision of an operating permit whether to calculate percent leaking pumps on a process unit basis or group of process units basis. Once the owner or operator has decided, all subsequent percentage calculations shall be made on the same basis.

(2) The number of pumps at a process unit shall be the sum of all the pumps in regulated material service, except that pumps found leaking in a continuous process unit or within 1 month after startup of the pump shall not count in the percent leaking pumps calculation for that one monitoring period only.

(3) Percent leaking pumps shall be determined by the following equation:

Where: %PL = Percent leaking pumps PL = Number of pumps found leaking as determined through monthly monitoring as required in paragraph (b) of this section. Do not include results from inspection of unsafe-to-monitor pumps pursuant to paragraph (e)(6) of this section. PT = Total pumps in regulated material service, including those meeting the criteria in paragraphs (e)(1), (e)(2), (e)(3), and (e)(6) of this section. PS = Number of pumps leaking within 1 month of start-up during the current monitoring period.

(d) Leak repair. If a leak is detected pursuant to paragraph (b) of this section, then the leak shall be repaired using the procedures in § 63.1005, as applicable, unless otherwise specified in paragraph (b)(4) of this section for leaks identified by visual indications of liquids dripping.

(e) Special provisions for pumps—(1) Dual mechanical seal pumps. Each pump 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 (e)(1)(viii) of this section are met.

(i) The owner or operator determines, based on design considerations and operating experience, criteria applicable to the presence and frequency of drips and to the sensor that indicates failure of the seal system, the barrier fluid system, or both. The owner or operator shall keep records at the plant of the design criteria and an explanation of the design criteria, and any changes to these criteria and the reasons for the changes. This record must be available for review by an inspector.

(ii) Each dual mechanical seal system shall meet the requirements specified in paragraphs (e)(1)(ii)(A) through (e)(1)(ii)(C) of this section.

(A) Each dual mechanical seal system is operated with the barrier fluid at a pressure that is at all times (except periods of startup, shutdown, or malfunction) greater than the pump stuffing box pressure; or

(B) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed vent system to a control device that complies with the requirements of subpart SS of this part; or

(C) Equipped with a closed-loop system that purges the barrier fluid into a process stream.

(iii) The barrier fluid is not in light liquid service.

(iv) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.

(v) Each pump is checked by visual inspection each calendar week for indications of liquids dripping from the pump seal. The owner or operator shall document that the inspection was conducted and the date of the inspection. If there are indications of liquids dripping from the pump seal at the time of the weekly inspection, the owner or operator shall follow the procedure specified in either paragraph (e)(1)(v)(A) or (e)(1)(v)(B) of this section prior to the next required inspection.

(A) The owner or operator shall monitor the pump as specified in § 63.1004(b) to determine if there is a leak of regulated material in the barrier fluid; if an instrument reading of 10,000 parts per million or greater is measured, a leak is detected and shall be repaired using the procedures in § 63.1005; or

(B) The owner or operator shall eliminate the visual indications of liquids dripping.

(vi) If indications of liquids dripping from the pump seal exceed the criteria established in paragraph (e)(1)(i) of this section, or if based on the criteria established in paragraph (e)(1)(i) of this section the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected.

(vii) Each sensor as described in paragraph (e)(1)(iv) of this section is observed daily or is equipped with an alarm unless the pump is located within the boundary of an unmanned plant site.

(viii) When a leak is detected pursuant to paragraph (e)(1)(vi) of this section, it shall be repaired as specified in § 63.1005.

(2) No external shaft. Any pump that is designed with no externally actuated shaft penetrating the pump housing is exempt from the requirements of paragraph (b) of this section.

(3) Routed to a process or fuel gas system or equipped with a closed vent system. Any pump that is routed to a process or a fuel gas system or equipped with a closed vent system that captures and transports leakage from the pump to a control device meeting the requirements of § 63.1015 is exempt from requirements of paragraph (b) of this section.

(4) Unmanned plant site. Any pump that is located within the boundary of an unmanned plant site is exempt from the weekly visual inspection requirement of paragraphs (b)(3), and (e)(1)(v) of this section, and the daily requirements of paragraph (e)(1)(vii) of this section, provided that each pump is visually inspected as often as practical and at least monthly.

(5) Unsafe-to-monitor pumps. Any pump that is designated, as described in § 63.1003(c)(1), as an unsafe-to-monitor pump is exempt from the requirements of paragraph (b) of this section and the requirements of § 63.1005 and the owner or operator shall monitor the pump according to the written plan specified in § 63.1003(c)(5).

§ 63.1008 - Connectors in gas and vapor service and in light liquid service standards.

(a) Compliance schedule. The owner or operator shall comply with this section no later than the compliance dates specified in the referencing subpart.

(b) Leak detection. Unless otherwise specified in § 63.1002(b), or § 63.1016 of this subpart, or the referencing subpart, the owner or operator shall monitor all connectors within 5 days by the method specified in § 63.1004(b) if evidence of a potential leak is found by visual, audible, olfactory, or any other detection method. No monitoring is required if the evidence of a potential leak is eliminated within 5 days. If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected.

(c) Leak repair. If a leak is detected pursuant to paragraph (b) of this section, then the leak shall be repaired using the procedures in § 63.1005, as applicable.

(d) Special provisions for connectors—(1) Unsafe-to-monitor connectors. Any connector that is designated, as described in § 63.1003(c)(1), as an unsafe-to-monitor connector is exempt from the requirements of paragraph (b) of this section and the owner or operator shall monitor according to the written plan specified in § 63.1003(c)(5).

(2) Inaccessible, ceramic, or ceramic-lined connectors. (i) Any connector that is inaccessible or that is ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined), is exempt from the monitoring requirements of paragraph (b) of this section, the leak repair requirements of paragraph (c) of this section, and the recordkeeping and reporting requirements of §§ 63.1017 and 63.1018. An inaccessible connector is a connector that meets any of the provisions specified in paragraphs (d)(2)(i)(A) through (d)(2)(i)(F) of this section, as applicable.

(A) Buried;

(B) Insulated in a manner that prevents access to the connector by a monitor probe;

(C) Obstructed by equipment or piping that prevents access to the connector by a monitor probe; or

(D) Unable to be reached from a wheeled scissor-lift or hydraulic-type scaffold that would allow access to connectors up to 7.6 meters (25 feet) above the ground.

(E) Inaccessible because it would require elevating the monitoring personnel more than 2 meters (7 feet) above a permanent support surface or would require the erection of scaffold;

(F) Not able to be accessed at any time in a safe manner to perform monitoring. Unsafe access includes, but is not limited to, the use of a wheeled scissor-lift on unstable or uneven terrain, the use of a motorized man-lift basket in areas where an ignition potential exists, or access would require near proximity to hazards such as electrical lines, or would risk damage to equipment.

(ii) If any inaccessible ceramic or ceramic-lined connector is noted to have a leak by visual, audible, olfactory, or other means, the leak to the atmosphere shall be eliminated as soon as practical.

§ 63.1009 - Agitators in gas and vapor service and in light liquid service standards.

(a) Compliance schedule. The owner or operator shall comply with this section no later than the compliance dates specified in the referencing subpart.

(b) Leak detection—(1) Monitoring method. Each agitator seal shall be monitored monthly to detect leaks by the methods specified in § 63.1004(b), or § 63.1016, except as provided in § 63.1002(b) or in paragraph (e) of this section.

(2) Instrument reading that defines a leak. If an instrument reading equivalent 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 follow the procedures specified in paragraphs (b)(3)(i) and (b)(3)(ii) of this section prior to the next required inspection.

(i) The owner or operator shall monitor the agitator seal as specified in § 63.1004(b) 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 using the procedures in 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 § 63.1005, as applicable.

(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 (e)(1)(vi) of this section are met.

(i) Each dual mechanical seal system shall meet the applicable requirement specified in paragraphs (e)(1)(i)(A), (e)(1)(i)(B), or (e)(1)(i)(C) of this section.

(A) Operated with the barrier fluid at a pressure that is at all times (except during periods of startup, shutdown, or malfunction) greater than the agitator stuffing box pressure; or

(B) Equipped with a barrier fluid degassing reservoir that is routed to a process or fuel gas system or connected by a closed vent system to a control device that meets the requirements of § 63.1015; or

(C) Equipped with a closed-loop system that purges the barrier fluid into a process stream.

(ii) The barrier fluid is not in light liquid service.

(iii) Each barrier fluid system is equipped with a sensor that will detect failure of the seal system, the barrier fluid system, or both.

(iv) Each agitator seal is checked by visual inspection each calendar week for indications of liquids dripping from the agitator seal. If there are indications of liquids dripping from the agitator seal at the time of the weekly inspection, the owner or operator shall follow the procedure specified in either paragraph (e)(1)(iv)(A) or (e)(1)(iv)(B) of this section prior to the next required inspection.

(A) The owner or operator shall monitor the agitator seal shall as specified in § 63.1004(b) to determine the presence of regulated material in the barrier fluid. If an instrument reading of 10,000 parts per million or greater is measured, a leak is detected and it shall be repaired using the procedures in § 63.1005; or

(B) The owner or operator shall eliminate the visual indications of liquids dripping.

(v) Each sensor as described in paragraph (e)(1)(iii) of this section is observed daily or is equipped with an alarm unless the agitator seal is located within the boundary of an unmanned plant site.

(vi) The owner or operator of each dual mechanical seal system shall meet the requirements specified in paragraphs (e)(1)(vi)(A) through (e)(1)(vi)(D).

(A) The owner or operator shall determine, 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.

(B) The owner or operator shall keep records of the design criteria and an explanation of the design criteria; and any changes to these criteria and the reasons for the changes.

(C) If indications of liquids dripping from the agitator seal exceed the criteria established in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, or if, based on the criteria established in paragraphs (e)(1)(vi)(A) and (e)(1)(vi)(B) of this section, the sensor indicates failure of the seal system, the barrier fluid system, or both, a leak is detected.

(D) When a leak is detected, it shall be repaired using the procedures in § 63.1005.

(2) No external shaft. Any agitator that is designed with no externally actuated shaft penetrating the agitator housing is exempt from the requirements of paragraph (b) of this section.

(3) Routed to a process or fuel gas system or equipped with a closed vent system. Any agitator that is routed to a process or fuel gas system or equipped with a closed vent system that captures and transports leakage from the agitator to a control device meeting the requirements of § 63.1015 is exempt from the monitoring requirements of paragraph (b) of this section.

(4) Unmanned plant site. Any agitator that is located within the boundary of an unmanned plant site is exempt from the weekly visual inspection requirement of paragraphs (b)(3) and (e)(1)(iv) of this section, and the daily requirements of paragraph (e)(1)(v) of this section, provided that each agitator is visually inspected as often as practical and at least monthly.

(5) Difficult-to-monitor agitator seals. Any agitator seal that is designated, as described in § 63.1003(c)(2), as a difficult-to-monitor agitator seal is exempt from the requirements of paragraph (b) of this section and the owner or operator shall monitor the agitator seal according to the written plan specified in § 63.1003(c)(5).

(6) Equipment obstructions. Any agitator seal that is obstructed by equipment or piping that prevents access to the agitator by a monitor probe is exempt from the monitoring requirements of paragraph (b) of this section.

(7) Unsafe-to-monitor agitator seals. Any agitator seal that is designated, as described in § 63.1003(c)(1), as an unsafe-to-monitor agitator seal is exempt from the requirements of paragraph (b) of this section and the owner or operator of the agitator seal monitors the agitator seal according to the written plan specified in § 63.1003(c)(5).

§ 63.1010 - Pumps, valves, connectors, and agitators in heavy liquid service; pressure relief devices in liquid service; and instrumentation systems standards.

(a) Compliance schedule. The owner or operator shall comply with this section no later than the compliance dates specified in the referencing subpart.

(b) Leak detection—(1) Monitoring method. Unless otherwise specified in § 63.1002(b), or § 63.1016, the owner or operator shall comply with paragraphs (b)(1) and (b)(2) of this section. 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 § 63.1004(b) if evidence of a potential leak to the atmosphere is found by visual, audible, olfactory, or any other detection method. If such a potential leak is repaired as required in paragraph (c) of this section, it is not necessary to monitor the system for leaks by the method specified in § 63.1004(b).

(2) Instrument reading that defines a leak. For systems monitored by the method specified in § 63.1004(b), if an instrument reading of 10,000 parts per million or greater is measured, a leak is detected. If a leak is detected, it shall be identified pursuant to § 63.1004(e) and repaired pursuant to § 63.1005.

(c) Leak repair. If a leak is determined pursuant to this section, then the leak shall be repaired using the procedures in § 63.1005, as applicable. For equipment identified in paragraph (b) of this section that is not monitored by the method specified in § 63.1004(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.

§ 63.1011 - Pressure relief devices in gas and vapor service standards.

(a) Compliance schedule. The owner or operator shall comply with this section no later than the compliance dates specified in the referencing subpart.

(b) Compliance standard. Except during pressure releases as provided for in paragraph (c) of this section, each pressure relief device in gas or vapor service shall be operated with an instrument reading of less than 500 parts per million as measured by the method specified in § 63.1004(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 paragraph (d) of this section.

(2) The pressure relief device shall be monitored no later than five 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 § 63.1004(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 that captures and transports leakage from the pressure relief device to a control device meeting the requirements of § 63.1015 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 provided the owner or operator installs a replacement rupture disk upstream of the pressure relief device as soon as practical after each pressure release, but no later than 5 calendar days after each pressure release, except as provided in § 63.1005(d).

§ 63.1012 - Compressor standards.

(a) Compliance schedule. The owner or operator shall comply with this section no later than the compliance dates specified in the referencing subpart.

(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 § 63.1002(b) and paragraphs (e) and (f) of this section. Each compressor seal system shall meet the requirements specified in paragraphs (b)(1), (b)(2), or (b)(3) of this section.

(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 startup, 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 § 63.1015; 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 § 63.1005, 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 and control device. A compressor is exempt from the requirements of paragraphs (b) through (d) of this section if it is equipped with a system to capture and transport leakage from the compressor drive shaft seal to a process or a fuel gas system or to a closed vent system that captures and transports leakage from the compressor to a control device meeting the requirements of § 63.1015.

(f) Alternative compressor standard. (1) Any compressor that is designated as described in § 63.1003(e) as operating with no detectable emissions shall operate at all times with an instrument reading of less than 500 parts per million. A compressor so designated is exempt from the requirements of paragraphs (b) through (d) of this section if the compressor is demonstrated initially upon designation, annually, and at other times requested by the Administrator to be operating with an instrument reading of less than 500 parts per million as measured by the method specified in § 63.1004(c). A compressor may not be designated or operated having an instrument reading of less than 500 parts per million as described in § 63.1003(e) if the compressor has a maximum instrument reading greater than 500 parts per million.

(2) The owner or operator shall record the dates and results of each compliance test including the background level measured and the maximum instrument reading measured during each compliance test.

(g) Reciprocating compressor exemption. Any existing reciprocating compressor in a process unit or affected facility that becomes an affected facility under provisions of 40 CFR 60.14 or 60.15 is exempt from paragraphs (b), (c), and (d) of this section provided the owner or operator demonstrates that recasting the distance piece or replacing the compressor are the only options available to bring the compressor into compliance with the provisions of the above exempted paragraphs of this section.

[64 FR 34886, June 29, 1999, as amended at 64 FR 63706, Nov. 22, 1999]
§ 63.1013 - Sampling connection systems standards.

(a) Compliance schedule. The owner or operator shall comply with this section no later than the compliance dates specified in the referencing subpart.

(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. 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 except as provided in paragraph (d) of this section shall meet the applicable requirements specified in paragraphs (c)(1) through (c)(5) of this section.

(1) The system shall return the purged process fluid directly to a process line or fuel gas system meeting the compliance determinations in § 63.1015 or § 63.1002(b) as appropriate; 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 § 63.1015; or

(4) Collect, store, and transport the purged process fluid to a system or facility identified in paragraph (c)(4)(i), (c)(4)(ii), or (c)(4)(iii) of this section.

(i) A waste management unit as defined in 40 CFR 63.111 or 40 CFR part 63, subpart G, if the waste management unit is complying with the provisions of 40 CFR part 63, subpart G, applicable to group 1 wastewater streams. 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 subject wastewater steams provided the facility has a National Pollution Discharge Elimination System (NPDES) permit or sends the wastewater to an NPDES-permitted facility.

(ii) A treatment, storage, or disposal facility subject to regulation under 40 CFR part 262, 264, 265, or 266; or

(iii) A facility permitted, licensed, or registered by a State to manage municipal or industrial solid waste, if the process fluids are not hazardous waste as defined in 40 CFR part 261.

(5) Containers that are part of a closed-purge system must be covered or closed when not being filled or emptied.

(d) In-situ sampling systems. In-situ sampling systems and sampling systems without purges are exempt from the requirements of paragraphs (b) and (c) of this section.

§ 63.1014 - Open-ended valves or lines standards.

(a) Compliance schedule. The owner or operator shall comply with this section no later than the compliance dates specified in the referencing subpart.

(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 § 63.1002(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 (b)(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 over pressure, 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.

§ 63.1015 - Closed vent systems and control devices; or emissions routed to a fuel gas system or process.

(a) Compliance schedule. The owner or operator shall comply with this section no later than the compliance dates specified in the referencing subpart.

(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 system 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 of 760 °C (1400 °F). Owners and operators of closed vent systems and nonflare control devices used to comply with this subpart shall comply with the provisions of subpart SS of this part, except as provided in § 63.1002(b).

(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 subpart SS of this part, except as provided in § 63.1002(b).

(3) Owners or operators routing emissions from equipment leaks to a fuel gas system or process shall comply with the provisions of subpart SS of this part, except as provided in § 63.1002(b).

§ 63.1016 - Alternative means of emission limitation: Enclosed-vented process units.

(a) Use of closed vent system and control device. Process units of affected facilities or portions of process units of affected facilities 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 either § 63.1015 or § 63.1002(b) are exempt from the requirements of §§ 63.1006 through 63.1014. The enclosure shall be maintained under a negative pressure at all times while the process unit or affected facility 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 records specified in paragraphs (b)(1) through (b)(3) of this section.

(1) Identification of the process unit(s) or affected facilities and the regulated materials they handle.

(2) A schematic of the process unit or affected facility, 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.

§ 63.1017 - Recordkeeping requirements.

(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 (e.g., quarterly monitoring) 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 § 63.1003(a) through (d), 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 this subpart through written documentation such as a log or other designation.

(2) The owner or operator shall keep a written plan as specified in § 63.1003(c)(5) for any equipment that is designated as unsafe or difficult-to-monitor.

(3) The owner or operator shall maintain the identity and an explanation as specified in § 63.1003(d)(1) for any equipment that is designated as unsafe-to-repair.

(4) As specified in § 63.1003(e), the owner or operator shall maintain the identity of compressors operating with an instrument reading of less than 500 parts per million.

(5) The owner or operator shall keep records for leaking equipment as specified in § 63.1004(e).

(6) The owner or operator shall keep records for delay of repair as specified in § 63.1005(c) and records for leak repair as specified in § 63.1005(e).

(c) Specific equipment leak records. (1) For valves, the owner or operator shall maintain the monitoring schedule for each process unit as specified in § 63.1006(b), and the records specified in § 63.1006(e)(4)(i)(B).

(2) For pumps, the owner or operator shall maintain the records specified in paragraphs (c)(2)(i) through (c)(2)(iii) of this section.

(i) Documentation of pump visual inspections as specified in § 63.1007(b)(4).

(ii) Documentation of dual mechanical seal pump visual inspections as specified in § 63.1007(e)(1)(v).

(iii) For the criteria as to the presence and frequency of drips for dual mechanical seal pumps, records of the design criteria and explanations and any changes and the reason for the changes, as specified in § 63.1007(e)(1)(i).

(3) [Reserved]

(4) For agitators, the owner or operator shall maintain records specified in paragraphs (c)(4)(i) and (c)(4)(ii) of this section.

(i) Documentation of the agitator seal visual inspections as specified in § 63.1009(b)(3).

(ii) Documentation of the design criteria and explanations and any changes and the reason for the changes, as specified in § 63.1009(e)(1)(vi)(A).

(5) For pressure relief devices in gas and vapor or light liquid service, the owner or operator shall keep records of the dates and results of monitoring following a pressure release, as specified in § 63.1011(c)(3).

(6) For compressors, the owner or operator shall maintain the records specified in paragraphs (c)(6)(i) and (c)(6)(ii) of this section.

(i) For criteria as to failure of the seal system and/or the barrier fluid system, record the design criteria and explanations and any changes and the reason for the changes, as specified in § 63.1012(d)(2).

(ii) For compressors operating under the alternative compressor standard, record the dates and results of each compliance test as specified in § 63.1012(f)(2).

(7) For process units complying with the enclosed-vented process unit alternative, the owner or operator shall maintain the records for enclosed-vented process units as specified in § 63.1016(b).

§ 63.1018 - Reporting requirements.

(a) Periodic reports. The owner or operator shall report the information specified in paragraphs (a)(1) through (a)(2) of this section, as applicable, in the periodic report specified in the referencing subpart.

(1) The initial Periodic Report shall include the information specified in paragraphs (a)(1)(i) through (a)(1)(iv) and (a)(2) of this section.

(i) Process unit or affected facility identification.

(ii) Number of valves subject to the requirements of § 63.1006, excluding those valves designated for no detectable emissions under the provisions of § 63.1006(e)(4).

(iii) Number of pumps subject to the requirements of § 63.1007, excluding those pumps designated for no detectable emissions under the provisions of § 63.1007(e)(2) and those pumps complying with the closed vent system provisions of § 63.1007(e)(3).

(iv) Number of compressors subject to the requirements of § 63.1012, excluding those compressors designated for no detectable emissions under the provisions of § 63.1012(f) and those compressors complying with the closed vent system provisions of § 63.1012(e).

(2) Each periodic report shall contain the information listed in paragraphs (a)(2)(i) through (a)(2)(iv) of this section, as applicable.

(i) Process unit identification.

(ii) For each month during the semiannual reporting period,

(A) Number of valves for which leaks were detected as described in § 63.1006(b),

(B) Number of valves for which leaks were not repaired as required in § 63.1006(d),

(C) Number of pumps for which leaks were detected as described in § 63.1007(b) and § 63.1007(e)(1)(vi),

(D) Number of pumps for which leaks were not repaired as required in §§ 63.1007(d) and (e)(5),

(E) Number of compressors for which leaks were detected as described in § 63.1012(d)(1),

(F) Number of compressors for which leaks were not repaired as required in § 63.1012(d)(1), and

(G) The facts that explain each delay of repair and, where appropriate, why the repair was technically infeasible without a process unit or affected facility shutdown.

(iii) Dates of process unit or affected facility shutdowns which occurred within the periodic report reporting period.

(iv) Revisions to items reported according to paragraph (a)(1) of this section if changes have occurred since the initial report or subsequent revisions to the initial report.

(b) Special notifications. An owner or operator electing to comply with either of the alternatives in § 63.1006(b)(5) or (6) shall notify the Administrator of the alternative standard selected before implementing either of the provisions.

authority: 42 U.S.C. 7401
source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.
cite as: 40 CFR 63.1017