[Code of Federal Regulations]
[Title 40, Volume 15]
[Revised as of July 1, 2005]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR65.106]

[Page 75-78]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 65_CONSOLIDATED FEDERAL AIR RULE--Table of Contents
 
                        Subpart F_Equipment Leaks
 
Sec. 65.106  Standards: Valves in gas/vapor service and in light liquid 
service.

    (a) Compliance schedule. (1) The owner or operator shall comply with 
this section no later than the implementation date specified in Sec. 
65.1(f).
    (2) The use of monitoring data generated before the regulated source 
became subject to the referencing subpart to qualify initially for less 
frequent monitoring is governed by the provisions of Sec. 65.104(b)(6).
    (b) Leak detection. Unless otherwise specified in Sec. 65.102(b) or 
paragraph (e) of this section, the owner or operator shall monitor all 
valves at the intervals specified in paragraphs (b)(3) and/or (b)(4) 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 Sec. 65.104(b) and (c).
    (2) Instrument reading that defines a leak. The instrument reading 
that defines a leak is 500 parts per million or greater.
    (3) Monitoring frequency. The owner or operator shall monitor valves 
for leaks at the intervals specified in paragraphs (b)(3)(i) through (v) 
of this section and shall keep the record specified in paragraph 
(b)(3)(vi) of this section.
    (i) If at least the greater of two valves or 2 percent of the valves 
in a process unit leak, as calculated according to paragraph (c) of this 
section, the owner or operator shall monitor each valve once per month.
    (ii) At process units with less than the greater of two leaking 
valves or 2 percent leaking valves, the owner or operator shall monitor 
each valve once each quarter except as provided in paragraphs 
(b)(3)(iii) through (v) of this section. Monitoring data generated 
before the regulated source became subject to the referencing subpart 
and meeting the criteria of either Sec. 65.104(b)(1) through (5) or 
Sec. 65.104(b)(6) may be used to qualify initially for less frequent 
monitoring under paragraphs (b)(3)(iii) through (v) of this section.
    (iii) At process units with less than 1 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 2 quarters.
    (iv) At process units with less than 0.5 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 4 quarters.
    (v) At process units with less than 0.25 percent leaking valves, the 
owner or operator may elect to monitor each valve once every 2 years.
    (vi) The owner or operator shall keep a record of the monitoring 
schedule for each process unit.
    (4) Valve subgrouping. For a process unit or a group of process 
units to which this subpart applies, an owner or operator may choose to 
subdivide the valves in the applicable process unit or group of process 
units and apply the provisions of paragraph (b)(3) of this section to 
each subgroup. If the owner or operator elects to subdivide the valves 
in the applicable process unit or group of process units, then the 
provisions of paragraphs (b)(4)(i) through (viii) of this section apply.
    (i) The overall performance of total valves in the applicable 
process unit or group of process units to be subdivided shall be less 
than 2 percent leaking valves, as detected according to paragraphs 
(b)(1) and (2) of this section and as calculated according to paragraphs 
(c)(1)(ii) and (c)(2) of this section.
    (ii) The initial assignment or subsequent reassignment of valves to 
subgroups shall be governed by the following provisions:
    (A) The owner or operator shall determine which valves are assigned 
to each subgroup. Valves with less than 1 year of monitoring data or 
valves not monitored within the last 12 months must be placed initially 
into the most frequently monitored subgroup until at least 1 year of 
monitoring data have been obtained.

[[Page 76]]

    (B) Any valve or group of valves can be reassigned from a less 
frequently monitored subgroup to a more frequently monitored subgroup 
provided that the valves to be reassigned were monitored during the most 
recent monitoring period for the less frequently monitored subgroup. The 
monitoring results must be included with that less frequently monitored 
subgroup's associated percent leaking valves calculation for that 
monitoring event.
    (C) Any valve or group of valves can be reassigned from a more 
frequently monitored subgroup to a less frequently monitored subgroup 
provided that the valves to be reassigned have not leaked for the period 
of the less frequently monitored subgroup (for example, for the last 12 
months, if the valve or group of valves is to be reassigned to a 
subgroup being monitored annually). Nonrepairable valves may not be 
reassigned to a less frequently monitored subgroup.
    (iii) The owner or operator shall determine every 6 months if the 
overall performance of total valves in the applicable process unit or 
group of process units is less than 2 percent leaking valves and so 
indicate the performance in the next periodic report. If the overall 
performance of total valves in the applicable process unit or group of 
process units is 2 percent leaking valves or greater, the owner or 
operator shall no longer subgroup and shall revert to the program 
required in paragraphs (b)(1) through (3) of this section for that 
applicable process unit or group of process units. An owner or operator 
can again elect to comply with the valve subgrouping procedures of 
paragraph (b)(4) of this section if future overall performance of total 
valves in the process unit or group of process units is again less than 
2 percent. The overall performance of total valves in the applicable 
process unit or group of process units shall be calculated as a weighted 
average of the percent leaking valves of each subgroup according to 
Equation 106-1 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.005

Where:

%VLO = Overall performance of total valves in the applicable 
process unit or group of process units.
%VLi = Percent leaking valves in subgroup i, most recent 
value calculated according to the procedures in paragraphs (c)(1)(ii) 
and (c)(2) of this section.
Vi = Number of valves in subgroup i.
n = Number of subgroups.

    (iv) The owner or operator shall maintain the following records:
    (A) Which valves are assigned to each subgroup;
    (B) Monitoring results and calculations made for each subgroup for 
each monitoring period;
    (C) Which valves are reassigned, the last monitoring result prior to 
reassignment, and when they were reassigned; and
    (D) The results of the semiannual overall performance calculation 
required in paragraph (b)(4)(iii) of this section.
    (v) The owner or operator shall notify the Administrator no later 
than 30 days prior to the beginning of the next monitoring period of the 
decision to begin or end subgrouping valves. The notification shall 
identify the participating process units and the number of valves 
assigned to each subgroup, if applicable. The notification may be 
included in a periodic report if the periodic report is submitted no 
later than 30 days prior to the beginning of the next monitoring period.
    (vi) The owner or operator shall submit in the periodic reports the 
following information:
    (A) Total number of valves in each subgroup; and
    (B) Results of the semiannual overall performance calculation 
required by paragraph (b)(4)(iii) of this section.
    (vii) To determine the monitoring frequency for each subgroup, the 
calculation procedures of paragraph (c)(2) of this section shall be 
used.

[[Page 77]]

    (viii) Except for the overall performance calculations required by 
paragraphs (b)(4)(i) and (iii) of this section, each subgroup shall be 
treated as if it were a separate process unit for the purposes of 
applying the provisions of this section.
    (c) Percent leaking valves calculation--(1) Calculation basis and 
procedures. (i) The owner or operator shall decide no later than the 
implementation date of this part 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)(4)(i) of this section.
    (ii) The percent leaking valves for each monitoring period for each 
process unit or valve subgroup, as provided in paragraph (b)(4) of this 
section, shall be calculated using Equation 106-2 of this section:
[GRAPHIC] [TIFF OMITTED] TR14DE00.020

Where:

%VL = Percent leaking valves.
VL = Number of valves found leaking, including those valves 
found leaking pursuant to paragraphs (d)(2)(iii)(A) and (d)(2)(iii)(B) 
of this section and excluding nonrepairable valves as provided in 
paragraph (c)(3) of this section.
VT = The sum of the total number of valves monitored.

    (2) Calculation for monitoring frequency. When determining 
monitoring frequency for each process unit or valve subgroup subject to 
monthly, quarterly, or semiannual monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last two monitoring periods. When determining monitoring 
frequency for each process unit or valve subgroup subject to annual or 
biennial (once every 2 years) monitoring frequencies, the percent 
leaking valves shall be the arithmetic average of the percent leaking 
valves from the last three monitoring periods.
    (3) Nonrepairable valves. (i) Nonrepairable valves shall be included 
in the calculation of percent leaking valves the first time the valve is 
identified as leaking and nonrepairable and as required to comply with 
paragraph (c)(3)(ii) of this section. Otherwise, a number of 
nonrepairable valves (identified and included in the percent leaking 
valves calculation in a previous period) up to a maximum of 1 percent of 
the total number of valves in regulated material service at a process 
unit may be excluded from calculation of percent leaking valves for 
subsequent monitoring periods.
    (ii) If the number of nonrepairable valves exceeds 1 percent of the 
total number of valves in regulated material service at a process unit, 
the number of nonrepairable valves exceeding 1 percent of the total 
number of valves in regulated material service shall be included in the 
calculation of percent leaking valves.
    (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 Sec. 65.105, as applicable.
    (2) After a leak determined under 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 
paragraph (d) of this section is in addition to the monitoring required 
to satisfy the definition of repair.
    (i) The monitoring shall be conducted as specified in Sec. 
65.104(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 paragraph (d) of this section 
if the timing of the monitoring period coincides with the time specified 
in paragraph (d) of this section. Alternatively, other monitoring may be 
performed to satisfy the requirements of paragraph (d) of this section 
regardless of whether the timing of the monitoring period for periodic 
monitoring coincides with the time specified in paragraph (d) of this 
section.
    (iii) If a leak is detected by monitoring that is conducted under 
paragraph (d)(2) of this section, the owner

[[Page 78]]

or operator shall comply with the following provisions to determine 
whether that valve must be counted as a leaking valve for purposes of 
paragraph (c)(1)(ii) 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 Sec. 65.103(c)(1) as an 
unsafe-to-monitor valve is exempt from the requirements of paragraph (b) 
and (d)(2) of this section, and the owner or operator shall monitor the 
valve according to the written plan specified in Sec. 65.103(c)(4).
    (2) Difficult-to-monitor valves. Any valve that is designated as 
described in Sec. 65.103(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 Sec. 65.103(c)(4).
    (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 
requirements for 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 
paragraph (b)(3)(iii), (iv), or (v) of this section except as provided 
in paragraphs (e)(1) and (2) of this section.