§ 63.11495 — What Are The Management Practices And Other Requirements?

(a) Management practices. If you have a CMPU subject to this subpart, you must comply with paragraphs (a)(1) through (6) of this section.

(1) Each process vessel must be equipped with a cover or lid that must be closed at all times when it is in organic HAP service or metal HAP service, except for manual operations that require access, such as material addition and removal, inspection, sampling and cleaning. This requirement does not apply to process vessels containing only metal HAP that are in a liquid solution or other form that will not result in particulate emissions of metal HAP (e.g., metal HAP that is in ingot, paste, slurry, or moist pellet form or other form).

(2) You must use any of the methods listed in paragraphs (a)(2)(i) through (iv) of this section to control total organic HAP emissions from transfer of liquids containing HAP listed in table 1 to this subpart to tank trucks or railcars. You are not required to comply with this paragraph (a)(2) if you have notified the Administrator in your initial notification that a material is reactive or resinous, and you will not be able to comply with any of the methods in paragraphs (a)(2)(i) through (iv) of this section for the transfer of such material.

(i) Use submerged loading or bottom loading.

(ii) Route emissions to a fuel gas system or process in accordance with § 63.982(d).

(iii) Vapor balance back to the storage tank or another storage tank connected by a common header.

(iv) Vent through a closed-vent system to a control device.

(3) Except as specified in paragraph (a)(6) of this section, you must conduct inspections of process vessels and equipment for each CMPU in organic HAP service or metal HAP service, as specified in paragraphs (a)(3)(i) through (v) of this section, to demonstrate compliance with paragraph (a)(1) of this section and to determine that the process vessels and equipment are sound and free of leaks. Alternatively, except when the subject CMPU contains metal HAP as particulate, inspections may be conducted while the subject process vessels and equipment are in VOC service, provided that leaks can be detected when in VOC service.

(i) Inspections must be conducted at least quarterly.

(ii) For these inspections, detection methods incorporating sight, sound, or smell are acceptable. Indications of a leak identified using such methods constitute a leak unless you demonstrate that the indications of a leak are due to a condition other than loss of HAP. If indications of a leak are determined not to be HAP in one quarterly monitoring period, you must still perform the inspection and demonstration in the next quarterly monitoring period.

(iii) As an alternative to conducting inspections, as specified in paragraph (a)(3)(ii) of this section, you may use Method 21 of 40 CFR part 60, appendix A-7, with a leak definition of 500 ppmv to detect leaks. You may also use Method 21 with a leak definition of 500 ppmv to determine if indications of a leak identified during an inspection conducted in accordance with paragraph (a)(3)(ii) of this section are due to a condition other than loss of HAP. The procedures in this paragraph (a)(3)(iii) may not be used as an alternative to the inspection required by paragraph (a)(3)(ii) of this section for process vessels that contain metal HAP as particulate.

(iv) Inspections must be conducted while the subject CMPU is operating.

(v) No inspection is required in a calendar quarter during which the subject CMPU does not operate for the entire calendar quarter and is not in organic HAP service or metal HAP service. If the CMPU operates at all during a calendar quarter, an inspection is required.

(4) Except as specified in paragraph (a)(6) of this section, you must repair any leak within 15 calendar days after detection of the leak, or document the reason for any delay of repair. For the purposes of this paragraph (a)(4), a leak will be considered “repaired” if a condition specified in paragraph (a)(4)(i), (ii), or (iii) of this section is met.

(i) The visual, audible, olfactory, or other indications of a leak to the atmosphere have been eliminated; or

(ii) No bubbles are observed at potential leak sites during a leak check using soap solution; or

(iii) The system will hold a test pressure.

(5) Except as specified in paragraph (a)(6) of this section, you must keep records of the dates and results of each inspection event, the dates of equipment repairs, and, if applicable, the reasons for any delay in repair.

(6) Beginning no later than the compliance dates specified in § 63.11494(i) for equipment in organic HAP service, as determined by § 63.180(d), paragraphs (a)(3) through (5) of this section no longer apply. Instead, you must comply with the requirements specified in paragraphs (a)(6)(i) through (xiv) of this section. Equipment that is in vacuum service is excluded from the requirements of this paragraph (a)(6). Equipment that is in organic HAP service less than 300 hours per calendar year is excluded from the requirements of this paragraph (a)(6) if it is identified as required in § 63.11501(c)(9)(i)(D).

(i) Except as specified in paragraph (a)(6)(ii) of this section, conduct leak detection monitoring annually for all pumps in light liquid service, valves in gas/vapor service and in light liquid service, and connectors in gas/vapor service and in light liquid service as specified in paragraphs (a)(6)(i)(A) through (C) of this section.

(A) Use the method specified in § 63.180(b)(1) through (3).

(B) The calibration gases must be zero air (less than 10 ppm of hydrocarbon in air); and methane and air at a concentration of 10,000 ppm methane. At the end of each monitoring day, check the instrument using the same calibration gas that was used to calibrate the instrument before use. Follow the procedures specified in Method 21 of 40 CFR part 60, appendix A-7, section 10.1, except do not adjust the meter readout to correspond to the calibration gas value. If multiple scales are used, record the instrument reading for each scale used. Divide the arithmetic difference of the initial and post-test calibration response by the corresponding calibration gas value for each scale and multiply by 100 to express the calibration drift as a percentage. If a calibration drift assessment shows a negative drift of more than 10 percent, then re-monitor all equipment monitored since the last calibration with instrument readings between the leak definition and the leak definition multiplied by (100 minus the percent of negative drift) divided by 100. If any calibration drift assessment shows a positive drift of more than 10 percent from the initial calibration value, then, at your discretion, all equipment with instrument readings above the leak definition and below the leak definition multiplied by (100 plus the percent of positive drift) divided by 100 monitored since the last calibration may be re-monitored.

(C) The instrument reading that defines a leak is 10,000 ppm or greater. When a leak is detected, the following requirements apply:

(1) Clearly identify the leaking equipment. A weatherproof and readily visible identification, marked with the equipment identification number, must be attached to the leaking equipment. The identification on the equipment may be removed after it is repaired.

(2) A first attempt at repair must be made no later than 5 calendar days after the leak is detected.

(3) The piece of equipment must be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in paragraph (a)(6)(viii) of this section.

(4) The leak is repaired when instrument re-monitoring of the equipment does not detect a leak.

(5) It is a deviation to fail to take action to repair the leaks within the specified time. If action is taken to repair the leaks within the specified time, failure of that action to successfully repair the leak is not a deviation. However, if the repairs are unsuccessful, a leak is detected and you must take further action as required by applicable provisions of this paragraph (a)(6).

(ii) The following types of equipment are exempt from the monitoring requirements specified in paragraph (a)(6)(i) of this section if the equipment meets one of the requirements in paragraphs (a)(6)(ii)(A) through (E) of this section.

(A) Any pump in light liquid service, valve in gas/vapor service or light liquid service, or connector in gas/vapor service or light liquid service that is designated as unsafe-to-monitor if:

(1) You determine that the pump, valve, or connector is unsafe to monitor because monitoring personnel would be exposed to an immediate danger as a consequence of complying with paragraph (a)(6)(i) of this section; and

(2) You have a written plan that requires monitoring of the pump, valve, or connector as frequently as practical during safe-to-monitor times, but not more frequently than the annual leak detection monitoring.

(B) Any pump in light liquid service if it meets one of the requirements in § 63.163(e)(1) through (6), (f), or (g). If the pump is located within the boundary of an unmanned plant site then it is exempt from the weekly visual inspection requirement of § 63.163(e)(4), and the daily requirements of § 63.163(e)(5), provided that each pump is visually inspected as often as practicable and at least monthly.

(C) Any valve in gas/vapor service or light liquid service that is designated as a difficult-to-monitor valve if:

(1) You determine that the valve cannot be monitored without elevating the monitoring personnel more than 2 meters above a support surface or it is not accessible at anytime in a safe manner;

(2) The CMPU within which the valve is located is an existing source or you designate less than 3 percent of the total number of valves in a new source as difficult-to-monitor; and

(3) You follow a written plan that requires monitoring of the valve as frequently as practical, but not more frequently than the annual leak detection monitoring.

(D) Any connector in gas/vapor service or light liquid service that is designated as an unsafe-to-repair connector if:

(1) You determine that repair personnel would be exposed to an immediate danger as a consequence of complying with paragraph (a)(6)(i) of this section; and

(2) The connector will be repaired before the end of the next scheduled CMPU shutdown.

(E) Any connector in gas/vapor service or light liquid service that is inaccessible or is ceramic or ceramic-lined (e.g., porcelain, glass, or glass-lined); however, if any inaccessible or ceramic or ceramic-lined connector is observed by visual, audible, olfactory, or other means to be leaking, a first attempt at repair must be made no later than 5 calendar days after the leak is detected. The leak must be repaired as soon as practicable, but no later than 15 calendar days after the leak is detected, except as provided in paragraphs (a)(6)(viii) and (a)(6)(ii)(D) of this section. An inaccessible connector is defined in § 63.11502(b).

(iii) For compressors, comply with the requirements in § 63.164.

(iv) For pressure relief devices in gas/vapor service or light liquid service, comply with the requirements in § 63.165(e)(1) through (8), except as specified in paragraphs (a)(6)(iv)(A) through (D) of this section.

(A) Substitute “violation” with “deviation”.

(B) Section 63.165(e)(3)(v)(D) does not apply.

(C) Substitute each occurrence of April 25, 2023 with April 1, 2026.

(D) Substitute the occurrence of July 15, 2027 with April 1, 2029.

(v) For sampling connection systems, comply with the requirements in § 63.166.

(vi) For open-ended valves or lines, comply with the requirements in § 63.167.

(vii) For pumps, valves, connectors, and agitators in heavy liquid service; instrumentation systems; and pressure relief devices in liquid service, comply with the requirements in § 63.169 except a leak is detected if the instrument reading equals or exceeds 10,000 ppmv for pumps, valves, and connectors instead of the leak definitions specified in § 63.169(b).

(viii) For delay of repair, comply with the requirements in § 63.171 except the phrase “Except as specified in paragraph (f) of this section,” and § 63.171(f) do not apply.

(ix) For closed vent systems and control devices, comply with the requirements in § 63.172 except as specified in paragraphs (a)(6)(ix)(A) through (G) of this section.

(A) Substitute “§ 63.162(b) of this subpart” with “paragraph (a)(6)(xi) of this section”.

(B) Section 63.172(d) does not apply.

(C) Flares used to comply with this paragraph (a)(6) must comply with the requirements in subpart SS of this part.

(D) Substitute “violation” with “deviation”.

(E) Substitute “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)” with “For each affected source as described in § 63.11494(d), beginning no later than the compliance dates specified in § 63.11494(i)”.

(F) Substitute “After the compliance dates specified in § 63.100 of subpart F of this part” with “After the compliance dates specified in § 63.11494(i)”.

(G) Substitute “periodic report required by § 63.182(d)” with “semiannual compliance report required by paragraph (a)(6)(xiv) of this section”.

(x) For agitators in gas/vapor service and in light liquid service, comply with the requirements in § 63.173.

(xi) You may use the alternative means of emission limitation provided in §§ 63.178 and 63.179. You may also request a determination of alternative means of emission limitation to the requirements in this paragraph (a)(6) as provided in § 63.177. If the Administrator makes a determination that an alternative means of emission limitation is permissible, you must comply with the alternative.

(A) Substitute “§§ 63.163 through 63.171 and §§ 63.173 through 63.176” and “§ 63.163, through 63.171, and §§ 63.173 and 63.174 of this subpart” with “paragraphs (a)(6)(i) through (viii) and (x) of this section”.

(B) Substitute “§ 63.181” with “§ 63.11501(c)(9)”.

(C) Substitute “§ 63.163, §§ 63.168 and 63.169, and §§ 63.173 through 63.176 of this subpart” with “paragraphs (a)(6)(i), (ii), and (vii) through (x) of this section”.

(D) Substitute “§ 63.180(b) of this subpart” with “paragraph (a)(6)(i)(A) and (B) of this section”.

(E) Substitute “§§ 63.163 through 63.170, and §§ 63.172 through 63.176 of this subpart” with “paragraphs (a)(6)(i) through (vii), (ix), and (x) of this section”.

(F) Substitute “§ 63.174 of this subpart” with “paragraph (a)(6)(i) of this section”.

(G) Section 63.178(c)(3)(iii) and (iv) does not apply.

(H) Substitute “§ 63.172 of this subpart” with “paragraph (a)(6)(ix) of this section”.

(xii) Keep records as specified in § 63.11501(c)(9).

(xiii) Submit the Notification of Compliance Status as specified in § 63.11501(b)(6).

(xiv) Submit the Semiannual Compliance Report as specified in § 63.11501(d)(9).

(b) Small heat exchange systems. For each heat exchange system subject to this subpart with a cooling water flow rate less than 8,000 gallons per minute (gal/min) and not meeting one or more of the conditions in § 63.104(a)(1) through (4), you must comply with paragraphs (b)(1) through (4) of this section, or as an alternative, you may comply with any one of the requirements in item 1.a, 1.b, or 1.c of table 8 to this subpart. Beginning on April 1, 2029, for purposes of compliance with this paragraph (b), § 63.104(a)(3) and (4) no longer apply.

(1) You must develop and operate in accordance with a heat exchange system inspection plan. The plan must describe the inspections to be performed that will provide evidence of hydrocarbons in the cooling water. Among other things, inspections may include checks for visible floating hydrocarbon on the water, hydrocarbon odor, discolored water, and/or chemical addition rates. You must conduct inspections at least once per quarter, even if the previous inspection determined that the indications of a leak did not constitute a leak as defined by § 63.104(b)(6).

(2) You must perform repairs to eliminate the leak and any indications of a leak or demonstrate that the HAP concentration in the cooling water does not constitute a leak, as defined by § 63.104(b)(6), within 45 calendar days after indications of the leak are identified, or you must document the reason for any delay of repair in your next semiannual compliance report.

(3) You must keep records of the dates and results of each inspection, documentation of any demonstrations that indications of a leak do not constitute a leak, the dates of leak repairs, and, if applicable, the reasons for any delay in repair.

(4) Beginning no later than the compliance dates specified in § 63.11494(i), you must not inject water into or dispose of water in the heat exchange system if the water is considered wastewater as defined in § 63.11502.

(c) Startup, shutdown and malfunction. Startup, shutdown, and malfunction (SSM) provisions in subparts that are referenced in paragraphs (a) and (b) of this section do not apply.

(d) General duty. At all times, you must operate and maintain any affected CMPU, including associated air pollution control equipment and monitoring equipment, in a manner consistent with safety and good air pollution control practices for minimizing emissions. The general duty to minimize emissions does not require the owner or operator to make any further efforts to reduce emissions if levels required by the applicable standard have been achieved. Determination of whether such operation and maintenance procedures are being used will be based on information available to the Administrator, which may include, but is not limited to, monitoring results, review of operation and maintenance procedures, review of operation and maintenance records, and inspection of the CMPU.

(e) Bypass provisions. Beginning no later than the compliance dates specified in § 63.11494(i), the use of a bypass line at any time on a closed vent system to divert emissions subject to any of the requirements in §§ 63.11495 through 63.11498 to the atmosphere, or to a control device not meeting the requirements specified in §§ 63.11495 through 63.11498, is an emissions standards deviation. If you are subject to the bypass monitoring requirements of § 63.983(a)(3), then you must continue to comply with the requirements in § 63.983(a)(3) and the recordkeeping and reporting requirements in §§ 63.998(d)(1)(ii) and 63.999(c)(2)(ii) and (iii), except the phrase “Except for equipment needed for safety purposes such as pressure relief devices, low leg drains, high point bleeds, analyzer vents, and open-ended valves or lines” in § 63.983(a)(3) does not apply. Instead, the exemptions specified in paragraphs (e)(1) and (2) of this section apply. Owners or operators of closed-vent systems and control devices used to comply with the equipment leak provisions specified in paragraph (a)(6)(ix) of this section are not subject to this paragraph (e).

(1) 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 paragraph (a)(6) of this section are not subject to this paragraph (e).

(2) 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 (e).