Current through Register Vol. 47, No. 17, September 10, 2024
(a)
(1)
Owners or operators of closed-vent systems and control devices used to comply
with provisions of this part shall comply with the provisions of this
section.
(2)
(i) The owner or operator of an existing
facility who cannot install a closed-vent system and control device to comply
with the provisions of this subpart on the effective date that the facility
becomes subject to the provisions of this subpart must prepare an
implementation schedule that includes dates by which the closed-vent system and
control device will be installed and in operation. The controls must be
installed as soon as possible, but the implementation schedule may allow up to
30 months after the effective date that the facility becomes subject to this
subpart for installation and startup.
(ii) Any unit that begins operation after
December 21, 1990, and is subject to the provisions of this subpart when
operations begins, must comply with the rules immediately (i.e., must have
control devices installed and operating on startup of the affected unit); the
30-month implementation schedule does not apply.
(iii) The owner or operator of any facility
in existence on the effective date of a statutory or EPA or state regulatory
amendment that renders the facility subject to this subpart shall comply with
all requirements of this subpart as soon as practicable but no later than 30
months after the amendment's effective date. When control equipment required by
this subpart can not be installed and begin operation by the effective date of
the amendment, the facility owner or operator shall prepare an implementation
schedule that includes the following information: Specific calendar dates for
award of contracts or issuance of purchase orders for the control equipment,
initiation of on-site installation of the control equipment, completion of the
control equipment installation, and performance of any testing to demonstrate
that the installed equipment meets the applicable standards of this subpart.
The owner or operator shall enter the implementation schedule in the operating
record or in a permanent, readily available file located at the
facility.
(iv) Owners and operators
of facilities and units that become newly subject to the requirements of this
subpart after December 8, 1997, due to an action other than those described in
paragraph (a)(2)(iii) of this section must comply with all applicable
requirements immediately (i.e., must have control devices installed and
operating on the date the facility or unit becomes subject to this subpart; the
30-month implementation schedule does not apply).
(b) A control device involving
vapor recovery (e.g, a condenser or adsorber) shall be designed and operated to
recover the organic vapors vented to it with an efficiency of 95 weight percent
or greater unless the total organic emission limits of § 264.1032(a)(1)
for all affected process vents can be, attained at an efficiency less than 95
weight percent.
(c) An enclosed
combustion device (e.g, a vapor incinerator, boiler, or process heater) shall
be designed and operated to reduce the organic emissions vented to it by 95
weight percent or greater; to achieve a total organic compound concentration of
20 ppmv, expressed as the sum of the actual compounds, not carbon equivalents,
on a dry basis corrected to 3 percent oxygen; or to provide a minimum residence
time of 0.50 seconds at a minimum temperature of 760°C. If a boiler or
process heater is used as the control device, then the vent stream shall be
introduced into the flame zone of the boiler or process heater.
(d)
(1) A
flare shall be designed for and operated with no visible emissions as
determined by the methods specified in paragraph (e)(1) of this section, except
for periods not to exceed a total of 5 minutes during any 2 consecutive
hours.
(2) A flare shall be
operated with a flame present at all times, as determined by the methods
specified in paragraph (f)(2)(iii) of this section.
(3) A flare shall be used only if the net
hearing value of the gas being combusted is 11.2 MJ/scm (300 Btu/scf) or
greater if the flare is steam-assisted or air-assisted; or if the net heating
value of the gas being combated is 7.45 MJ/scm (200 Btu/scf) or greater if the
flare is nonassistecd. The net heating value of the gas being combusted shall
be determined by the methods specified in paragraph (e)(2) of this
section.
(4)
(i) A steam-assisted or nonassisted flare
shall be designed for and operated with an exit velocity, as determined by the
methods specified in paragraph (e)(3) of this section, less than 183 m/s (60
ft/s), except as provided in paragraphs (d)(4)(ii) and (iii) of this
section.
(ii) A steam-assisted or
nonassisted flare designed for and operated with an exit velocity, as
determined by the methods specified in paragraph (e)(3) of this section, equal
to or greater than 183 m/s (60 ft/s) but less than 122 m/s (400 ft/s) is
allowed if the net heating value of the gas being combusted is greater than 373
MJ/scm (1,000 Btu/scf).
(iii) A
steam-assisted or nonassisted flare designed for and operated with an exit
velocity as determined by the methods specified in paragraph (e)(3) of this
section, less than the velocity, V max , as determined by the method specified
in paragraph (e)(4) of this section and less than 122 m/s (400 ft/s) is
allowed.
(5) An
air-assisted flare shall be designed and operated with an exit velocity less
than the velocity, V max , as determined by the method specified in paragraph
(e)(5) of this section.
(6) A flare
used to comply with this section shall be steam-assisted, air-assisted, or
nonassisted.
(e)
(1) Reference Method 22 in 40 CFR Part 60
shall be used to determine the compliance of a flare with the visible emission
provisions of this subpart. The observation period is 2 hours and shall be used
according to Method 22.
(2) The net
heating value of the gas being combusted in a flare shall be calculated using
the following equation:
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where:
H
T = Net heating value of the
sample, MJ/scm; where the net enthalpy per mole of offgas is based on
combustion at 25°C and 760 mm Hg, but the standard temperature for
determining the volume corresponding to 1 mol is 20 °C;
K = Constant, 1.74 x 10
-7 (1/ppm) (g mol/scm) (MJ/kcal)
where standard temperature for (g mol/scm) is 20 °C;
C
i = Concentration of sample
component i in ppm on a wet basis, as measured for organics by Reference Method
18 in 40 CFR Part 60 and measured for hydrogen and carbon monoxide by ASTM D
1946-82 (incorporated by reference as specified in § 260.11); and
H
i = Net heat of combustion of
sample component i, kcal/9 mol at 25 °C and 760 mm Hg. The heats of
combustion may be determined using ASTM D 2382-83 (incorporated by reference as
specified in § 260.11) if published values are not available or cannot be
calculated.
(3) The actual
exit velocity of a flare shall be determined by dividing the volumetric flow
rate (in units of standard temperature and pressure), as determined by
Reference Methods 2, 2A, 2C, or 2D in 40 CFR Part 60 as appropriate, by the
unobstructed (free) cross-sectional area of the flare tip.
(4) The maximum allowed velocity in m/s, V
max for a flare complying with paragraph (d)(4)(iii) of this section shall be
determined by the following equation:
Log 10 (V max) = (H T + 28.8)/31.7
where:
28.8 = Constant,
31.7 = Constant,
H
T = The net heating value as
determined in paragraph (e)(2) of this section.
(5)The maximum allowed velocity in m/s, V max
, for an air-assisted flare shall be determined by the following equation:
V max = 8.706+0.7084 (H T)
where:
8.706 = Constant,
0.7084 = Constant,
H
T = The net heating value
determined in paragraph (e)(2) of this section.
(f) The owner or operator shall monitor and
inspect each control device required to comply with this section to ensure
proper operation and maintenance of the control device by implementing the
following requirements:
(1) Install,
calibrate, maintain, and operate according to the manufacturer's specifications
a flow indicator that provides a record of vent stream flow from each affected
process vent to the control device at least once every hour. The flow indicator
sensor shall be installed in the vent stream at the nearest feasible point to
the control device inlet but before the point at which the vent streams are
combined.
(2) Install, calibrate,
maintain, and operate according to the manufacturer's specifications a device
to continuously monitor control device operation as specified below:
(i) For a thermal vapor incinerator, a
temperature monitoring device equipped with a continuous recorder. The device
shall have an accuracy of ± 1 percent of the temperature being monitored
in 0°C or ± 0.50°C, whichever is greater. The temperature sensor
shall be installed at a location in the combustion chamber downstream of the
combustion zone.
(ii) For a
catalytic vapor incinerator, a temperature monitoring device equipped with a
continuous recorder. The device shall be capable of monitoring temperature at
two locations and have an accuracy of ± 1 percent of the temperature
being monitored in °C or ± 0.50°C, whichever is greater. One
temperature sensor shall be installed in the vent stream at the nearest
feasible point to the catalyst bed inlet and a second temperature sensor shall
be installed in the vent stream at the nearest feasible point to the catalyst
bed outlet.
(iii) For a flare, a
heat sensing monitoring device equipped with a continuous recorder that
indicates the continuous ignition of the pilot flame.
(iv) For a boiler or process heater having a
design heat input capacity less than 44 MW, a temperature monitoring device
equipped with a continuous recorder. The device shall have an accuracy of
± 1 percent of the temperature being monitored in °C or ± 0.5
°C, whichever is greater. The temperature sensor shall be installed at a
location in the furnace downstream of the combustion zone.
(v) For a boiler or process heater having a
design heat input capacity greater than or equal to 44 MW, a monitoring device
equipped with a continuous recorder to measure a parameter(s) that indicates
good combustion operating practices are being used.
(vi) For a condenser, either:
(A) A monitoring device equipped with a
continuous recorder to measure the concentration level of the organic compounds
in the exhaust vent stream from the condenser, or
(B) A temperature monitoring device equipped
with a continuous recorder. The device shall be capable of monitoring
temperature with an accuracy of ± 1 percent of the temperature being
monitored in degrees Celsius (°C) or ± 0.5 °C, whichever is
greater. The temperature sensor shall be installed at a location in the exhaust
vent stream from the condenser exit (i.e., product side).
(vii) For a carbon adsorption system that
regenerates the carbon bed directly in the control device such as a fixed-bed
carbon adsorber, either:
(A) A monitoring
device equipped with a continuous recorder to measure the concentration level
of the organic compounds in the exhaust vent stream from the carbon bed,
or
(B) A monitoring device equipped
with a continuous recorder to measure a parameter that indicates the carbon bed
is regenerated on a regular, predetermined time cycle.
(3) Inspect the readings from each
monitoring device required by paragraphs-(f)(1) and (2) of this section at
least once each operating day to check control device operation and, if
necessary, immediately implement the corrective measures necessary to ensure
the control device operates in compliance with the requirements of this
section.
(g) An owner or
operator using a carbon adsorption system such as a fixed-bed carbon adsorber
that regenerates the carbon bed directly onsite in the control device shall
replace the existing carbon in the control device with fresh carbon at a
regular, predetermined time interval that is no longer than the carbon service
life established as a requirement of § 264.1035(b)(4)(iii)(F).
(h) An owner or operator using a carbon
adsorption system such as a carbon canister that does not regenerate the carbon
bed directly onsite in the control device shall replace the existing carbon in
the control device with fresh carbon on a regular basis by using one of the
following procedures:
(1) Monitor the
concentration level of the organic compounds in the exhaust vent stream from
the carbon adsorption system on a regular schedule, and replace the existing
carbon with fresh carbon immediately when carbon breakthrough is indicated. The
monitoring frequency shall be daily or at an interval no greater than 20
percent of the time required to consume the total carbon working capacity
established as a requirement of § 264.1035(b)(4)(iii)(G), whichever is
longer.
(2) Replace the existing
carbon with fresh carbon at a regular, predetermined time interval that is less
than the design carbon replacement interval established as a requirement of
§ 264.1035(b)(4)(iii)(G).
(i) An alternative operational or process
parameter may be monitored if it can be demonstrated that another parameter
will ensure that the control device is operated in conformance with these
standards and the control device's design specifications.
(j) An owner or operator of an affected
facility seeking to comply with the provisions of this part by using a control
device other than a thermal vapor incinerator, catalytic vapor incinerator,
flare, boiler, process heater, condenser, or carbon adsorption system is
required to develop documentation including sufficient information to describe
the control device operation and identify the process parameter or parameters
that indicate proper operation and maintenance of the control device.
(k) A closed-vent system shall meet either of
the following design requirements:
(1) A
closed-vent system shall be designed to operate with no detectable emissions,
as indicated by an instrument reading of less than 500 ppmv above background as
determined by the procedure in § 264.1034(b) of this subpart, and by
visual inspections; or
(2) A
closed-vent system shall be designed 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 control device is operating.
(l) The owner or operator shall monitor and
inspect each closed-vent system required to comply with this section to ensure
proper operation and maintenance of the closed-vent system by implementing the
following requirements:
(1) Each closed-vent
system that is used to comply with paragraph (k)(1) of this section shall be
inspected and monitored in accordance with the following requirements:
(i) An initial leak detection monitoring of
the closed-vent system shall be conducted by the owner or operator on or before
the date that the system becomes subject to this section. The owner or operator
shall monitor the closed-vent system components and connections using the
procedures specified in § 264.1034(b) of this subpart to demonstrate that
the closed-vent system operates with no detectable emissions, as indicated by
an instrument reading of less than 500 ppmv above background.
(ii) After initial leak detection monitoring
required in paragraph (l)(1)(i) of this section, the owner or operator shall
inspect and monitor the closed-vent system as follows:
(A) Closed-vent system joints, seams, or
other connections that are permanently or semi-permanently sealed (e.g., a
welded joint between two sections of hard piping or a bolted and gasketed
ducting flange) shall be visually inspected at least once per year to check for
defects that could result in air pollutant emissions. The owner or operator
shall monitor a component or connection using the procedures specified in
§ 264.1034(b) of this subpart to demonstrate that it operates with no
detectable emissions following any time the component is repaired or replaced
(e.g., a section of damaged hard piping is replaced with new hard piping) or
the connection is unsealed (e.g., a flange is unbolted).
(B) Closed-vent system components or
connections other than those specified in paragraph (l)(1)(ii)(A) of this
section shall be monitored annually and at other times as requested by the
Director, except as provided for in paragraph (o) of this section, using the
procedures specified in § 264.1034(b) of this subpart to demonstrate that
the components or connections operate with no detectable emissions.
(iii) In the event that a defect
or leak is detected, the owner or operator shall repair the defect or leak in
accordance with the requirements of paragraph (l)(3) of this section.
(iv) The owner or operator shall maintain a
record of the inspection and monitoring in accordance with the requirements
specified in § 264.1035 of this subpart.
(2) Each closed-vent system that is used to
comply with paragraph (k)(2) of this section shall be inspected and monitored
in accordance with the following requirements:
(i) The closed-vent system shall be visually
inspected by the owner or operator to check for defects that could result in
air pollutant emissions. Defects include, but are not limited to, visible
cracks, holes, or gaps in ductwork or piping or loose connections.
(ii) The owner or operator shall perform an
initial inspection of the closed-vent system on or before the date that the
system becomes subject to this section. Thereafter, the owner or operator shall
perform the inspections at least once every year.
(iii) In the event that a defect or leak is
detected, the owner or operator shall repair the defect in accordance with the
requirements of paragraph (l)(3) of this section.
(iv) The owner or operator shall maintain a
record of the inspection and monitoring in accordance with the requirements
specified in § 264.1035 of this subpart.
(3) The owner or operator shall repair all
detected defects as follows:
(i) Detectable
emissions, as indicated by visual inspection, or by an instrument reading
greater than 500 ppmv above background, shall be controlled as soon as
practicable, but not later than 15 calendar days after the emission is
detected, except as provided for in paragraph (l)(3)(iii) of this
section.
(ii) A first attempt at
repair shall be made no later than 5 calendar days after the emission is
detected.
(iii) Delay of repair of
a closed-vent system for which leaks have been detected is allowed if the
repair is technically infeasible without a process unit shutdown, or if the
owner or operator determines that emissions resulting from immediate repair
would be greater than the fugitive emissions likely to result from delay of
repair. Repair of such equipment shall be completed by the end of the next
process unit shutdown.
(iv) The
owner or operator shall maintain a record of the defect repair in accordance
with the requirements specified in § 264.1035 of this subpart.
(m) Closed-vent systems
and control devices used to comply with provisions of this subpart shall be
operated at all times when emissions may be vented to them.
(n) The owner or operator using a carbon
adsorption system to control air pollutant emissions shall document that all
carbon that is a hazardous waste and that is removed from the control device is
managed in one of the following manners, regardless of the average volatile
organic concentration of the carbon:
(1)
Regenerated or reactivated in a thermal treatment unit that meets one of the
following:
(i) The owner or operator of the
unit has been issued a final permit under Part 100 of these regulations which
implements the requirements of Subpart X of this part; or
(ii) The unit is equipped with and operating
air emission controls in accordance with the applicable requirements of
Subparts AA and CC of either of this part or of Part 265 of these regulations;
or
(iii) The unit is equipped with
and operating air emission controls in accordance with a national emission
standard for hazardous air pollutants under 40 CFR Part 61 or 40 CFR Part
63.
(2) Incinerated in a
hazardous waste incinerator for which the owner or operator either:
(i) Has been issued a final permit under Part
100 of these regulations which implement the requirements of Subpart O of this
part; or
(ii) Has designed and
operates the incinerator in accordance with the interim status requirements of
Part 265, Subpart O.
(3)
Burned in a boiler or industrial furnace for which the owner or operator
either:
(i) Has been issued a final permit
under Part 100 of these regulations which implements the requirements of
Subpart O of this part; or
(ii) Has
designed and operates the boiler or industrial furnace in accordance with the
interim status requirements of Part 265, Subpart H of these
regulations.
(o) Any components of a closed-vent system
that are designated, as described in § 264.1035(c)(9) of this subpart, as
unsafe to monitor are exempt from the requirements of paragraph (l)(1)(ii)(B)
of this section if:
(1) The owner or operator
of the closed-vent system determines that the components of the closed-vent
system are unsafe to monitor because monitoring personnel would be exposed to
an immediate danger as a consequence of complying with paragraph (l)(1)(ii)(B)
of this section; and
(2) The owner
or operator of the closed-vent system adheres to a written plan that requires
monitoring the closed-vent system components using the procedure specified in
paragraph (l)(1)(ii)(B) of this section as frequently as practicable during
safe-to-monitor times.
