[Code of Federal Regulations]
[Title 40, Volume 11]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.1258]

[Page 155-164]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
 Subpart GGG--National Emission Standards for Pharmaceuticals Production
 
Sec. 63.1258  Monitoring Requirements.

    (a) The owner or operator of any existing, new, or reconstructed 
affected source shall provide evidence of continued compliance with the 
standard as specified in this section. During the initial compliance 
demonstration, maximum or minimum operating parameter levels, as 
appropriate, shall be established for emission sources that will 
indicate the source is in compliance. Test data, calculations, or 
information from the evaluation of the control device design shall be 
used to establish the operating parameter level.
    (b) Monitoring for control devices. (1) Parameters to monitor. 
Except as specified in paragraph (b)(1)(i) of this section, for each 
control device, the owner or operator shall install and operate 
monitoring devices and operate within the established parameter levels 
to ensure continued compliance with the standard. Monitoring parameters 
are specified for control scenarios in Table 4 of this subpart and in 
paragraphs (b)(1)(ii) through (xi) of this section.
    (i) Periodic verification. For control devices that control vent 
streams totaling less than 1 ton/yr HAP emissions, before control, 
monitoring shall consist of a daily verification that the device is 
operating properly. If the control device is used to control batch 
process vents alone or in combination with other streams, the 
verification may be on a per batch basis. This verification shall 
include, but not be limited to, a daily or per batch demonstration that 
the unit is working as designed and may include the daily measurements 
of the parameters described in (b)(1)(ii) through (x) of this section. 
This demonstration shall be included in the Precompliance report, to be 
submitted 6 months prior to the compliance date of the standard.
    (ii) Scrubbers. For affected sources using liquid scrubbers, the 
owner or operator shall establish a minimum scrubber liquid flow rate or 
pressure drop as a site-specific operating parameter which must be 
measured and recorded every 15 minutes during the period in which the 
scrubber is functioning in achieving the HAP removal required by this 
subpart. If the scrubber uses a caustic solution to remove acid 
emissions, the owner or operator shall establish a minimum pH of the 
effluent scrubber liquid as a site-specific operating parameter which 
must be monitored at least once a day. The minimum scrubber flowrate or 
pressure drop shall be based on the conditions anticipated under worst-
case conditions, as defined in Sec. 63.1257(b)(8)(i).
    (A) The monitoring device used to determine the pressure drop shall 
be certified by the manufacturer to be accurate to within a gage 
pressure of 10 percent of the maximum pressure drop measured.
    (B) The monitoring device used for measurement of scrubber liquid 
flowrate shall be certified by the manufacturer to be accurate within 
10 percent of the design scrubber liquid flowrate.
    (C) The monitoring device shall be calibrated annually.
    (iii) Condensers. For each condenser, the owner or operator shall 
establish

[[Page 156]]

the maximum condenser outlet gas temperature as a site-specific 
operating parameter which must be measured and recorded at least every 
15 minutes during the period in which the condenser is functioning in 
achieving the HAP removal required by this subpart.
    (A) The temperature monitoring device must be accurate to within 2 
percent of the temperature measured in degrees Celsius or 2.5 C, 
whichever is greater.
    (B) The temperature monitoring device must be calibrated annually.
    (iv) Regenerative carbon adsorbers. For each regenerative carbon 
adsorber, the owner or operator shall comply with the provisions in 
paragraphs (b)(1)(iv)(A) through (F) of this section.
    (A) Establish the regeneration cycle characteristics specified in 
paragraphs (b)(1)(iv)(A)(1) through (4) of this section under worst-case 
conditions, as defined in Sec. 63.1257(b)(8)(i).
    (1) Minimum regeneration frequency (i.e., operating time since last 
regeneration);
    (2) Minimum temperature to which the bed is heated during 
regeneration;
    (3) Maximum temperature to which the bed is cooled, measured within 
15 minutes of completing the cooling phase; and
    (4) Minimum regeneration stream flow.
    (B) Monitor and record the regeneration cycle characteristics 
specified in paragraphs (b)(1)(iv)(B)(1) through (4) of this section for 
each regeneration cycle.
    (1) Regeneration frequency (operating time since end of last 
regeneration);
    (2) Temperature to which the bed is heated during regeneration;
    (3) Temperature to which the bed is cooled, measured within 15 
minutes of the completion of the cooling phase; and
    (4) Regeneration stream flow.
    (C) Use a temperature monitoring device that is accurate to within 
2 percent of the temperature measured in degrees Celsius or  2.5 C, 
whichever is greater.
    (D) Use a regeneration stream flow monitoring device capable of 
recording the total regeneration stream flow to within  10 percent of 
the established value (i.e., accurate to within  10 percent of the 
reading).
    (E) Calibrate the temperature and flow monitoring devices annually.
    (F) Conduct an annual check for bed poisoning in accordance with 
manufacturer's specifications.
    (v) Nonregenerative carbon adsorbers. For each nonregenerative 
carbon adsorber, the owner or operator shall establish and monitor the 
maximum time interval between replacement based on the conditions 
anticipated under worst-case, as defined in Sec. 63.1257(b)(8)(i).
    (vi) Flares. For each flare, the presence of the pilot flame shall 
be monitored every 15 minutes during the period in which the flare is 
functioning in achieving the HAP removal required by this subpart.
    (vii) Thermal incinerators. For each thermal incinerator, the owner 
or operator shall establish the minimum temperature of the gases exiting 
the combustion chamber as the site-specific operating parameter which 
must be measured and recorded at least once every 15 minutes during the 
period in which the combustion device is functioning in achieving the 
HAP removal required by this subpart.
    (A) The temperature monitoring device must be accurate to within  
0.75 percent of the temperature measured in degrees Celsius or  2.5 C, 
whichever is greater.
    (B) The monitoring device must be calibrated annually.
    (viii) Catalytic incinerators. For each catalytic incinerator, the 
owner or operator shall monitor the temperature of the gas stream 
immediately before and after the catalyst bed. The owner or operator 
shall establish the minimum temperature of the gas stream immediately 
before the catalyst bed and the minimum temperature difference across 
the catalyst bed as the site-specific operating parameter which must be 
monitored and recorded at leastonce every 15 minutes during the period 
in which the catalytic incinerator is functioning in achieving the HAP 
removal required by this subpart.
    (A) The temperature monitoring devices must be accurate to within  
0.75 percent of the temperature measured

[[Page 157]]

in degrees Celsius or  2.5 C, whichever is greater.
    (B) The temperature monitoring devices must be calibrated annually.
    (ix) Process heaters and boilers. (A) Except as specified in 
paragraph (b)(1)(ix)(B) of this section, for each boiler or process 
heater, the owner or operator shall establish the minimum temperature of 
the gases exiting the combustion chamber as the site-specific operating 
parameter which must be monitored and recorded at least once every 15 
minutes during the period in which the boiler or process heater is 
functioning in achieving the HAP removal required by this subpart.
    (1) The temperature monitoring device must be accurate to within 
0.75 percent of the temperature measured in degrees Celsius or 2.5 C, 
whichever is greater.
    (2) The temperature monitoring device must be calibrated annually.
    (B) The owner or operator is exempt from the monitoring requirements 
specified in paragraph (b)(1)(ix)(A) of this section if either:
    (1) All vent streams are introduced with primary fuel; or
    (2) The design heat input capacity of the boiler or process heater 
is 44 megawatts or greater.
    (x) Continuous emission monitor. As an alternative to the parameters 
specified in paragraphs (b)(1)(ii) through (ix) of this section, an 
owner or operator may monitor and record the outlet HAP concentration or 
both the outlet TOC concentration and outlet hydrogen halide and halogen 
concentration every 15 minutes during the period in which the control 
device is functioning in achieving the HAP removal required by this 
subpart. The owner or operator need not monitor the hydrogen halide and 
halogen concentration if, based on process knowledge, the owner or 
operator determines that the emission stream does not contain hydrogen 
halides or halogens. The HAP or TOC monitor must meet the requirements 
of Performance Specification 8 or 9 of appendix B of part 60 and must be 
installed, calibrated, and maintained, according to Sec. 63.8. As part of 
the QA/QC Plan, calibration of the device must include, at a minimum, 
quarterly cylinder gas audits.
    (xi) CVS visual inspections. The owner or operator shall perform 
monthly visual inspections of each closed vent system as specified in Sec. 
63.1252(b).
    (2) Averaging periods. Averaging periods for parametric monitoring 
levels shall be established according to paragraphs (b)(2)(i) through 
(iii) of this section.
    (i) Except as provided in paragraph (b)(2)(iii) of this section, a 
daily (24-hour) or block average shall be calculated as the average of 
all values for a monitored parameter level set according to the 
procedures in (b)(3)(iii) of this section recorded during the operating 
day or block.
    (ii) The operating day or block shall be defined in the Notification 
of Compliance Status report. The daily average may be from midnight to 
midnight or another continuous 24-hour period. The block average is 
limited to a period of time that is, at a maximum, equal to the time 
from the beginning to end of a batch process.
    (iii) Monitoring values taken during periods in which the control 
devices are not functioning in controlling emissions, as indicated by 
periods of no flow, shall not be considered in the averages. Where flow 
to the device could be intermittent, the owner or operator shall 
install, calibrate and operate a flow indicator at the inlet or outlet 
of the control device to identify periods of no flow.
    (3) Procedures for setting parameter levels for control devices used 
to control emissions. (i) Small control devices. Except as provided in 
paragraph (b)(1)(i) of this section, for devices controlling less than 
10 tons per year of HAP for which a performance test is not required, 
the parametric levels shall be set based on the design evaluation 
required in Sec. 63.1257(d)(3)(i). If a performance test is conducted, the 
monitoring parameter level shall be established according to the 
procedures in (b)(3)(ii) of this section.
    (ii) Large control devices. For devices controlling greater than 10 
tons per year of HAP for which a performance test is required, the 
parameter level must be established as follows:
    (A) If the operating parameter level to be established is a maximum, 
it

[[Page 158]]

must be based on the average of the values from each of the three test 
runs.
    (B) If the operating parameter level to be established is a minimum, 
it must be based on the average of the values from each of the three 
test runs.
    (C) The owner or operator may establish the parametric monitoring 
level(s) based on the performance test supplemented by engineering 
assessments and manufacturer's recommendations. Performance testing is 
not required to be conducted over the entire range of expected parameter 
values. The rationale for the specific level for each parameter, 
including any data and calculations used to develop the level(s) and a 
description of why the level indicates proper operation of the control 
device shall be provided in the Precompliance report. The procedures 
specified in this section have not been approved by the Administrator 
and determination of the parametric monitoring level using these 
procedures is subject to review and approval by the Administrator.
    (iii) Parameters for control devices controlling batch process 
vents. For devices controlling batch process vents alone or in 
combination with other streams, the parameter level(s) shall be 
established in accordance with paragraph (b)(3)(iii)(A) or (B) of this 
section.
    (A) If more than one batch emission episode has been selected to be 
controlled, a single level for the batch process(es) shall be determined 
from the initial compliance demonstration.
    (B) Instead of establishing a single level for the batch 
process(es), as described in paragraph (b)(3)(iii)(A) of this section, 
an owner or operator may establish separate levels for each batch 
emission episode, selected to be controlled. If separate monitoring 
levels are established, the owner or operator must provide a record 
indicating at what point in the daily schedule or log of processes 
required to be recorded per the requirements of Sec. 63.1259(b)(9) the 
parameter being monitored changes levels and must record at least one 
reading of the new parameter level, even if the duration of monitoring 
for the new parameter is less than 15-minutes.
    (4) Request approval to monitor alternative parameters. An owner or 
operator may request approval to monitor parameters other than those 
required by paragraphs (b)(1)(ii) through (ix) of this section. The 
request shall be submitted according to the procedures specified in Sec. 
63.8(f) or included in the Precompliance report.
    (5) Monitoring for the alternative standards. (i) For control 
devices that are used to comply with the provisions of Sec. 63.1253(d) or Sec. 
63.1254(c), the owner or operator shall monitor and record the outlet 
TOC concentration and the outlet hydrogen halide and halogen 
concentration every 15 minutes during the period in which the device is 
functioning in achieving the HAP removal required by this subpart using 
CEMS as specified in paragraphs (b)(5)(i)(A) through (D) of this 
section.
    (A) A TOC monitor meeting the requirements of EPA Performance 
Specification 8, 9, or 15 of appendix B of 40 CFR part 60 shall be 
installed, calibrated, and maintained according to Sec. 63.8.
    (B) Except as specified in paragraphs (b)(5)(i)(C) and (D) of this 
section, the owner or operator must monitor HCl using either a FTIR CEMS 
that meets Performance Specification 15 of appendix B of part 60 or any 
other CEMS capable of measuring HCl for which a performance 
specification has been promulgated in appendix B of part 60. To monitor 
HCl with a CEMS for which a performance specification has not been 
promulgated, the owner or operator must prepare a monitoring plan and 
submit it for approval in accordance with the procedures specified in Sec. 
63.8.
    (C) As an alternative to using a CEMS as specified in paragraph 
(b)(5)(i)(B) of this section to monitor halogenated vent streams that 
are controlled by a combustion device followed by a scrubber, the owner 
or operator may elect to monitor scrubber operating parameters as 
specified in paragraph (b)(1)(ii) of this section that demonstrate the 
HCl emissions are reduced by at least 95 percent by weight.
    (D) The owner or operator need not monitor the hydrogen halide and 
halogen concentration if, based on process knowledge, the owner or 
operator determines that the emission stream does not contain hydrogen 
halides or halogens.

[[Page 159]]

    (ii) An owner or operator complying with the alternative standard 
using control devices in which supplemental gases are added to the vents 
or manifolds must either correct for supplemental gases as specified in 
Sec. 63.1257(a)(3) or comply with the requirements of paragraph 
(b)(5)(ii)(A) or (B) of this section. If the owner or operator corrects 
for supplemental gases as specified in Sec. 63.1257(a)(3)(ii) for 
noncombustion control devices, the flow rates must be evaluated as 
specified in paragraph (b)(5)(ii)(C) of this section.
    (A) Provisions for combustion devices. As an alternative to 
correcting for supplemental gases as specified in Sec. 63.1257(a)(3), the 
owner or operator may monitor residence time and firebox temperature 
according to the requirements of paragraphs (b)(5)(ii)(A)(1) and (2) of 
this section. Monitoring of residence time may be accomplished by 
monitoring flowrate into the combustion chamber.
    (1) If complying with the alternative standard instead of achieving 
a control efficiency of 95 percent or less, the owner or operator must 
maintain a minimum residence time of 0.5 seconds and a minimum 
combustion chamber temperature of 760 C.
    (2) If complying with the alternative standard instead of achieving 
a control efficiency of 98 percent, the owner or operator must maintain 
a minimum residence time of 0.75 seconds and a minimum combustion 
chamber temperature of 816 C.
    (B) Provisions for dense gas systems. As an alternative to 
correcting for supplemental gases as specified in Sec. 63.1257(a)(3), for 
noncombustion devices used to control emissions from dense gas systems, 
as defined in Sec. 63.1251, the owner or operator shall monitor flowrate as 
specified in paragraphs (b)(5)(ii)(B)(1) through (4) of this section.
    (1) Use Equation 63 of this subpart to calculate the system flowrate 
setpoint at which the average concentration is 5,000 ppmv TOC:
[GRAPHIC] [TIFF OMITTED] TR29AU00.011

Where:

Fs = system flowrate setpoint, scfm
Ean = annual emissions entering the control device, lbmols/yr

    (2) Annual emissions used in Equation 63 of this subpart must be 
based on the actual mass of organic compounds entering the control 
device, as calculated from the most representative emissions inventory 
data submitted within the 5 years before the Notification of Compliance 
Status report is due. The owner or operator must recalculate the system 
flowrate setpoint once every 5 years using the annual emissions from the 
most representative emissions inventory data submitted during the 5-year 
period after the previous calculation. Results of the initial 
calculation must be included in the Notification of Compliance Status 
report, and recalculated values must be included in the next Periodic 
report after each recalculation. For all calculations after the initial 
calculation, to use emissions inventory data calculated using procedures 
other than those specified in Sec. 63.1257(d), the owner or operator must 
submit the emissions inventory data calculations and rationale for their 
use in the Notification of Process Change report or an application for a 
part 70 permit renewal or revision.
    (3) In the Notification of Compliance Status report, the owner or 
operator may elect to establish both a maximum daily average operating 
flowrate limit above the flowrate setpoint and a reduced outlet 
concentration limit corresponding to this flowrate limit. The owner or 
operator may also establish reduced outlet concentration limits for any 
daily average flowrates between the flowrate setpoint and the flowrate 
limit. The correlation between these elevated flowrates and the 
corresponding outlet concentration limits must be established using 
Equation 64 of this subpart:
[GRAPHIC] [TIFF OMITTED] TR29AU00.012

Where:

Ca = adjusted outlet concentration limit, dry basis, ppmv
50 = outlet concentration limit associated with the flowrate setpoint, 
dry basis, ppmv
Fs = system flowrate setpoint, scfm

[[Page 160]]

Fa = actual system flowrate limit, scfm

    (4) The owner or operator must install and operate a monitoring 
system for measuring system flowrate. The flowrate into the control 
device must be monitored and recorded at least once every hour. The 
system flowrate must be calculated as the average of all values measured 
during each 24-hour operating day. The flowrate monitoring device must 
be accurate to within 5 percent of the system flowrate setpoint, and the 
flowrate monitoring device must be calibrated annually.
    (C) Flow rate evaluation for noncombustion devices. To demonstrate 
continuous compliance with the requirement to correct for supplemental 
gases as specified in Sec. 63.1257(a)(3)(ii) for noncombustion devices, the 
owner or operator must evaluate the volumetric flow rate of supplemental 
gases, Vs, and the volumetric flow rate of all gases, 
Va, each time a new operating scenario is implemented based 
on process knowledge and representative operating data. The procedures 
used to evaluate the flow rates, and the resulting correction factor 
used in Equation 7B of this subpart, must be included in the 
Notification of Compliance Status report and in the next Periodic report 
submitted after an operating scenario change.
    (6) Exceedances of operating parameters. An exceedance of an 
operating parameter is defined as one of the following:
    (i) If the parameter, averaged over the operating day or block, is 
below a minimum value established during the initial compliance 
demonstration.
    (ii) If the parameter, averaged over the operating day or block, is 
above the maximum value established during the initial compliance 
demonstration.
    (iii) Each loss of all pilot flames for flares.
    (7) Excursions. Excursions are defined by either of the two cases 
listed in paragraphs (b)(7)(i) or (ii) of this section.
    (i) When the period of control device operation is 4 hours or 
greater in an operating day and monitoring data are insufficient to 
constitute a valid hour of data, as defined in paragraph (b)(7)(iii) of 
this section, for at least 75 percent of the operating hours.
    (ii) When the period of control device operation is less than 4 
hours in an operating day and more than one of the hours during the 
period of operation does not constitute a valid hour of data due to 
insufficient monitoring data.
    (iii) Monitoring data are insufficient to constitute a valid hour of 
data, as used in paragraphs (b)(7)(i) and (ii) of this section, if 
measured values are unavailable for any of the required 15-minute 
periods within the hour.
    (8) Violations. Exceedances of parameters monitored according to the 
provisions of paragraphs (b)(1)(ii), (iv) through (ix), and 
(b)(5)(ii)(A) and (B) of this section, or excursions as defined by 
paragraphs (b)(7)(i) through (iii) of this section, constitute 
violations of the operating limit according to paragraphs (b)(8)(i), 
(ii), and (iv) of this section. Exceedances of the temperature limit 
monitored according to the provisions of paragraph (b)(1)(iii) of this 
section or exceedances of the outlet concentrations monitored according 
to the provisions of paragraph (b)(1)(x) of this section constitute 
violations of the emission limit according to paragraphs (b)(8)(i), 
(ii), and (iv) of this section. Exceedances of the outlet concentrations 
monitored according to the provisions of paragraph (b)(5) of this 
section constitute violations of the emission limit according to the 
provisions of paragraphs (b)(8)(iii) and (iv) of this section.
    (i) Except as provided in paragraph (b)(8)(iv) of this section, for 
episodes occurring more than once per day, exceedances of established 
parameter limits or excursions will result in no more than one violation 
per operating day for each monitored item of equipment utilized in the 
process.
    (ii) Except as provided in paragraph (b)(8)(iv) of this section, for 
control devices used for more than one process in the course of an 
operating day, exceedances or excursions will result in no more than one 
violation per operating day, per control device, for each process for 
which the control device is in service.
    (iii) Except as provided in paragraph (b)(8)(iv) of this section, 
exceedances of the 20 or 50 ppmv TOC outlet emission limit, averaged 
over the operating day,

[[Page 161]]

will result in no more than one violation per day per control device. 
Except as provided in paragraph (b)(8)(iv) of this section, exceedances 
of the 20 or 50 ppmv hydrogen halide or halogen outlet emission limit, 
averaged over the operating day, will result in no more than one 
violation per day per control device.
    (iv) Periods of time when monitoring measurements exceed the 
parameter values as well as periods of inadequate monitoring data do not 
constitute a violation if they occur during a startup, shutdown, or 
malfunction, and the facility follows its startup, shutdown, and 
malfunction plan.
    (c) Monitoring for emission limits. The owner or operator of any 
affected source complying with the provisions of Sec. 63.1254(a)(2) shall 
demonstrate continuous compliance with the 900 and 1,800 kg/yr emission 
limits by calculating daily 365-day rolling summations of emissions. 
During periods of planned routine maintenance when emissions are 
controlled as specified in Sec. 63.1252(h), the owner or operator must 
calculate controlled emissions assuming the HAP emissions are reduced by 
93 percent. For any owner or operator opting to switch compliance 
strategy from the 93 percent control requirement to the annual mass 
emission limit method, as described in Sec. 63.1254(a)(1)(i), the rolling 
summations, beginning with the first day after the switch, must include 
emissions from the past 365 days.
    (d) Monitoring for equipment leaks. The owner or operator of any 
affected source complying with the requirements of Sec. 63.1255 of this 
subpart shall meet the monitoring requirements described Sec. 63.1255 of 
this subpart.
    (e) Pollution prevention. The owner or operator of any affected 
source that chooses to comply with the requirements of 
Secs. 63.1252(e)(2) and (3) shall calculate a yearly rolling average of 
kg HAP consumption per kg production and kg VOC consumption per kg 
production every month or every 10 batches. Each rolling average kg/kg 
factor that exceeds the value established in Sec. 63.1257(f)(1)(ii) will be 
considered a violation of the emission limit.
    (f) Emissions averaging. The owner or operator of any affected 
source that chooses to comply with the requirements of Sec. 63.1252(d) 
shall meet all monitoring requirements specified in paragraphs (b)(1) 
and (3) of this section, as applicable, for all processes and storage 
tanks included in the emissions average.
    (g) Inspection and monitoring of waste management units and 
treatment processes. (1) For each wastewater tank, surface impoundment, 
container, individual drain system, and oil-water separator that 
receives, manages, or treats wastewater, a residual removed from 
wastewater, a recycled wastewater, or a recycled residual removed from 
wastewater, the owner or operator shall comply with the inspection 
requirements specified in Table 7 of this subpart.
    (2) For each biological treatment unit used to comply with Sec. 
63.1256(g), the owner or operator shall monitor TSS, BOD, and the 
biomass concentration at a frequency approved by the permitting 
authority and using methods approved by the permitting authority. The 
owner or operator may request approval to monitor other parameters. The 
request shall be submitted in the Precompliance report according to the 
procedures specified in Sec. 63.1260(e), and shall include a description of 
planned reporting and recordkeeping procedures. The owner or operator 
shall include as part of the submittal the basis for the selected 
monitoring frequencies and the methods that will be used. The 
Administrator will specify appropriate reporting and recordkeeping 
requirements as part of the review of the permit application or by other 
appropriate means.
    (3) For nonbiological treatment units, the owner or operator shall 
request approval to monitor appropriate parameters that demonstrate 
proper operation of the selected treatment process. The request shall be 
submitted in the Precompliance report according to the procedures 
specified in Sec. 63.1260(e), and shall include a description of planned 
reporting and recordkeeping procedures. The Administrator will specify 
appropriate reporting and recordkeeping requirements as part of the 
review of the permit application or by other appropriate means.

[[Page 162]]

    (h) Leak inspection provisions for vapor suppression equipment. (1) 
Except as provided in paragraph (h)(9) and (10) of this section, for 
each vapor collection system, closed-vent system, fixed roof, cover, or 
enclosure required to comply with this section, the owner or operator 
shall comply with the requirements of paragraphs (h)(2) through (8) of 
this section.
    (2) Except as provided in paragraphs (h)(6) and (7) of this section, 
each vapor collection system and closed-vent system shall be inspected 
according to the procedures and schedule specified in paragraphs 
(h)(2)(i) and (ii) of this section and each fixed roof, cover, and 
enclosure shall be inspected according to the procedures and schedule 
specified in paragraph (h)(2)(iii) of this section.
    (i) If the vapor collection system or closed-vent system is 
constructed of hard-piping, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (ii) If the vapor collection system or closed-vent system is 
constructed of ductwork, the owner or operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct annual inspections according to the procedures in 
paragraph (h)(3) of this section.
    (C) Conduct annual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (iii) For each fixed roof, cover, and enclosure, the owner or 
operator shall:
    (A) Conduct an initial inspection according to the procedures in 
paragraph (h)(3) of this section, and
    (B) Conduct semiannual visual inspections for visible, audible, or 
olfactory indications of leaks.
    (3) Each vapor collection system, closed-vent system, fixed roof, 
cover, and enclosure shall be inspected according to the procedures 
specified in paragraphs (h)(3)(i) through (v) of this section.
    (i) Inspections shall be conducted in accordance with Method 21 of 
40 CFR part 60, appendix A.
    (ii) Detection instrument performance criteria. (A) Except as 
provided in paragraph (h)(3)(ii)(B) 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 average composition of 
the process fluid not each individual VOC in the stream. For process 
streams that contain nitrogen, air, or other inerts which are not 
organic HAP or VOC, the average stream response factor shall be 
calculated on an inert-free basis.
    (B) If no instrument is available at the plant site that will meet 
the performance criteria specified in paragraph (h)(3)(ii)(A) of this 
section, the instrument readings may be adjusted by multiplying by the 
average response factor of the process fluid, calculated on an inert-
free basis as described in paragraph (h)(3)(ii)(A) of this section.
    (iii) 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.
    (iv) Calibration gases shall be as follows:
    (A) Zero air (less than 10 parts per million hydrocarbon in air); 
and
    (B) Mixtures of methane in air at a concentration less than 10,000 
parts per million. A calibration gas other than methane in air may be 
used if the instrument does not respond to methane or if the instrument 
does not meet the performance criteria specified in paragraph 
(h)(2)(ii)(A) of this section. In such cases, the calibration gas may be 
a mixture of one or more of the compounds to be measured in air.
    (v) An owner or operator may elect to adjust or not adjust 
instrument readings for background. If an owner or operator elects to 
not adjust readings for background, all such instrument readings shall 
be compared directly to the applicable leak definition to determine 
whether there is a leak. If an owner or operator elects to adjust 
instrument readings for background, the owner or operator shall measure 
background concentration using the procedures in Sec. 63.180(b) and (c). 
The owner or operator shall subtract background

[[Page 163]]

reading from the maximum concentration indicated by the instrument.
    (vi) The background level shall be determined according to the 
procedures in Method 21 of 40 CFR part 60 appendix A.
    (vii) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level shall be compared 
with 500 parts per million for determining compliance.
    (4) Leaks, as indicated by an instrument reading greater than 500 
parts per million above background or by visual inspections, shall be 
repaired as soon as practicable, except as provided in paragraph (h)(5) 
of this section.
    (i) A first attempt at repair shall be made no later than 5 calendar 
days after the leak is detected.
    (ii) Repair shall be completed no later than 15 calendar days after 
the leak is detected, except as provided in paragraph (h)(4)(iii) of 
this section.
    (iii) For leaks found in vapor collection systems used for transfer 
operations, repairs shall be completed no later than 15 calendar days 
after the leak is detected or at the beginning of the next transfer 
loading operation, whichever is later.
    (5) Delay of repair of a vapor collection system, closed-vent 
system, fixed roof, cover, or enclosure for which leaks have been 
detected is allowed if the repair is technically infeasible without a 
shutdown, as defined in Sec. 63.1251, or if the owner or operator 
determines that emissions resulting from immediate repair would be 
greater than the fugitive emissions likely to result from delay of 
repair. Repair of such equipment shall be complete by the end of the 
next shutdown.
    (6) Any parts of the vapor collection system, closed-vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (h)(8) of this section, as unsafe to inspect are exempt from 
the inspection requirements of paragraphs (h)(2)(i), (ii), and (iii) of 
this section if:
    (i) The owner or operator determines that the equipment is unsafe to 
inspect because inspecting personnel would be exposed to an imminent or 
potential danger as a consequence of complying with paragraphs 
(h)(2)(i), (ii), or (iii) of this section; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
    (7) Any parts of the vapor collection system, closed-vent system, 
fixed roof, cover, or enclosure that are designated, as described in 
paragraph (h)(8) of this section, as difficult to inspect are exempt 
from the inspection requirements of paragraphs (h)(2)(i), (ii), and 
(iii)(A) of this section if:
    (i) The owner or operator determines that the equipment cannot be 
inspected without elevating the inspecting personnel more than 2 meters 
above a support surface; and
    (ii) The owner or operator has a written plan that requires 
inspection of the equipment at least once every 5 years.
    (8) Records shall be maintained as specified in Sec. 63.1259(i) (4) 
through (9).
    (9) If a closed-vent system subject to this section is also subject 
to the equipment leak provisions of Sec. 63.1255, the owner or operator 
shall comply with the provisions of Sec. 63.1255 and is exempt from the 
requirements of this section.
    (10) Instead of complying with the provisions of paragraphs (h)(2) 
through (8) of this section, an owner or operator may design a closed-
vent system to operate at a pressure below atmospheric pressure. The 
system shall be equipped with at least one pressure gauge or other 
pressure measurement device that can be read from a readily accessible 
location to verify that negative pressure is being maintained in the 
closed-vent system when the associated control device is operating.
    (i) Planned routine maintenance. During periods of planned routine 
maintenance when organic HAP emissions are controlled as specified in Sec. 
63.1252(h)(2), the owner or operator must monitor the condenser outlet 
gas temperature according to the procedures specified in paragraph 
(b)(1)(iii) of this section. During periods of planned routine 
maintenance when HCl emissions are controlled as specified in Sec. 
63.1252(h)(3), the owner or operator must monitor

[[Page 164]]

the pH of the scrubber effluent once per day.

[63 FR 50326, Sept. 21, 1998, as amended at 65 FR 52612, Aug. 29, 2000; 
66 FR 40134, Aug. 2, 2001]