
[Federal Register: December 22, 2008 (Volume 73, Number 246)]
[Rules and Regulations]
[Page 78199-78219]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22de08-19]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 63, and 65

[EPA-HQ-OAR-2003-0199; FRL-8754-5]
RIN 2060-AL98


Alternative Work Practice To Detect Leaks From Equipment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: Numerous EPA air emissions standards require specific work
practices for equipment leak detection and repair. On April 6, 2006, we
proposed a voluntary alternative work practice for leak detection and
repair using a newly developed technology, optical gas imaging. The
alternative work practice is an alternative to the current leak
detection and repair work practice, which is not being revised. The
proposed alternative has been amended in this final rule to add a
requirement to perform monitoring once per year using the current
Method 21 leak detection instrument. This action revises the General
Provisions to incorporate the final alternative work practice.

DATES: This final action is effective on December 22, 2008.

ADDRESSES: Docket: EPA has established a docket for this action under
Docket ID No. EPA-HQ-OAR-2003-0199. All documents in the docket are
listed on the http://www.regulations.gov Web site. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the Air and Radiation Docket Center (EPA/DC), EPA West
Building, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The
Public Reading Room is located in the EPA Headquarters Library, Room
Number 3334, and is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is (202) 566-1744, and the telephone number for the EPA
Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Mr. David Markwordt, Office of Air
Quality Planning and Standards, Sector Policies and Programs Division,
Coatings and Chemicals Group (E143-01), U.S. EPA, Research Triangle
Park, North Carolina 27711, telephone (919) 541-0837, facsimile (919)
541-0246, e-mail markwordt.david@epa.gov.

SUPPLEMENTARY INFORMATION:
    Regulated Entities. The regulated categories and entities affected
by this final rule amendment include, but are not limited to the
following North American Industry Classification System (NAICS) code
categories:

[[Page 78200]]



----------------------------------------------------------------------------------------------------------------
                  Category                       NAICS Code        Examples of potentially regulated entities
----------------------------------------------------------------------------------------------------------------
Industry....................................               325  Chemical manufacturers.
                                                           324  Petroleum refineries and manufacturers of coal
                                                                 products.
----------------------------------------------------------------------------------------------------------------

    This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be affected by the
national emission standards. To determine whether your facility is
affected by the national emission standards, you should examine the
applicability criteria in 40 CFR parts 60, 61, 63, and 65, including,
but not limited to: Part 60, subparts A, Kb, VV, XX, DDD, GGG, KKK,
QQQ, and WWW; part 61, subparts A, F, L, V, BB, and FF; part 63,
subparts A, G, H, I, R, S, U, Y, CC, DD, EE, GG, HH, OO, PP, QQ, SS,
TT, UU, VV, YY, GGG, HHH, III, JJJ, MMM, OOO, VVV, FFFF, and GGGGG; and
part 65, subparts A, F, and G.
    Worldwide Web (WWW). In addition to being available in the docket,
an electronic copy of this final rule amendment is available on the WWW
through the Technology Transfer Network (TTN). Following signature, a
copy of this final rule amendment will be posted on the TTN's policy
and guidance page for newly proposed or promulgated rules at the
following address: http://www.epa.gov/ttn/oarpg/. The TTN provides
information and technology exchange in various areas of air pollution
control.
    Outline. The information in this preamble is organized as follows:

I. Background Information
    A. What is the statutory basis for this action?
    B. What did we propose?
II. Summary of Changes to the Proposed Rule
    A. Removal of the Minimum Detection Sensitivity Level Defaults
    B. Annual EPA Method 21 Monitoring while Complying with the AWP
    C. Re-screening Repaired Equipment
    D. Recordkeeping for AWP Compliance
III. Response to Significant Comments
    A. Basis of Standard
    B. Applicability
    C. Rule Location
    D. Alternative Work Practice Procedures and Equipment
Specifications
    E. Recordkeeping and Reporting
    F. Other Comments
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children from
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act
    J. Executive Order 12898: Federal Actions to Address
Environmental Justice in Minority Populations and Low Income
Populations
    K. Congressional Review Act

I. Background Information

A. What Is the Statutory Basis for This Action?

    Current leak detection and repair (LDAR) requirements are primarily
applicable to sources through EPA work practice standards promulgated
under Clean Air Act (CAA) section 111 (New Source Performance Standards
(NSPS)) and section 112 (National Emission Standards for Hazardous Air
Pollutants (NESHAP)). These sections authorize EPA to promulgate work
practice standards in lieu of numerical emission standards when ``it is
not feasible in the judgment of the Administrator to prescribe or
enforce an emission standard'' because the regulated pollutants
``cannot be emitted through a conveyance designed and constructed to
emit or capture such pollutant * * * or [because] the application of
measurement methodology to a particular class of sources is not
practicable due to technological and economic limitations.'' 42 U.S.C.
7412(h)(1), (2); see also 42 U.S.C. 7411(h)(1), (2).
    In promulgating such standards, we are not required to mandate a
single work practice applicable to all sources in a source category but
may instead provide several alternative work practice (AWP) options.
Indeed, the United States Court of Appeals for the District of Columbia
Circuit has indicated that EPA may provide sources with multiple work
practice compliance options if EPA demonstrates that at least one of
these options is cost effective and ``expressly provides for the
alternative in the standard.'' Arteva Specialties S.R.R.L., d/b/a KoSa
v. EPA, 323 F.3d 1088, 1092 (DC Cir. 2003).
    Once promulgated, EPA retains the authority to provide additional
work practice alternatives. Such authority exists under EPA's general
authority to review and amend its regulations as appropriate, e.g., 42
U.S.C. 7411(b)(1)(B), 42 U.S.C. 7412(d)(6).

B. What Did We Propose?

    The proposed AWP allows owners or operators to identify leaking
equipment using an optical gas imaging instrument instead of a leak
monitor prescribed in 40 CFR part 60, Appendix A-7 i.e., a Method 21
instrument. The new work practice requirements are identical to the
existing work practice requirements except for those requirements which
are directly or indirectly associated with the instrument used to
detect the leaks; for example, owners or operators are still subject to
the existing ``difficult to monitor,'' ``unsafe to monitor,'' repair,
recordkeeping, and reporting requirements. If a leak is identified
using the optical gas imaging instrument, then the leak must be re-
screened after repair using the imaging instrument.
    Owners or operators are required to use an optical gas imaging
instrument capable of imaging compounds in the streams that are
regulated by the applicable rule. The imaging instrument must provide
the operator with an image of the leak and the leak source.
    Prior to using the optical gas imaging instrument, owners and
operators are required to determine the mass flow rate that the imaging
instrument will be required to image. The optical gas imaging
instrument is required to either meet a minimum detection sensitivity
mass flow rate (provided in the proposed AWP) or owners or operators
can calculate the mass flow rate for their process by prorating a
standard detection sensitivity emission rate (provided in the proposed
AWP) using equations provided in the amendatory language. If the owner
or operator chooses to prorate the standard detection sensitivity, they
are required to conduct an engineering analysis to identify the stream
containing the lowest mass fraction of chemicals that have to be
identified as detectable.
    Owners or operators are required to conduct a daily instrument
check to confirm that the optical gas imaging instrument is able to
detect leaks at the emission rate specified in the amendatory language
(or calculated by the owner or operator). The instrument check consists
of using the optical gas imaging instrument to view the mass flow rate
required to be met exiting a gas cylinder.

[[Page 78201]]

    Owners or operators using the AWP are required to keep records of
the detection sensitivity level used for the optical gas imaging
instrument; the analysis to determine the stream containing the lowest
mass fraction of detectable chemicals; the basis of the mass fraction
emission rate calculation; documentation of the daily instrument check
(either with the video recording device, electronically, or written in
a log book); and the video record of the leak survey.

II. Summary of Changes to the Proposed Rule

A. Removal of the Minimum Detection Sensitivity Level Defaults

    The proposed rule contained equations that could be used by
facilities to adjust the detection sensitivity level (i.e., 60 g/hr)
based on the composition of the compounds in the process lines. EPA
also provided facilities the option of meeting a minimum detection
sensitivity level in lieu of adjusting the detection sensitivity level.
    In the final rule, we removed the minimum detection sensitivity
level. This change was made after reviewing concerns expressed by
commenters that the minimum detection sensitivity level would allow an
emissions loophole for high purity systems. (See Section III.A for
rationale.)

B. Annual EPA Method 21 Monitoring While Complying With the AWP

    In the final rule, we are requiring owners or operators choosing to
use the AWP to screen equipment using EPA Method 21 (i.e., Method 21)
instead of the optical gas imaging instrument in one screening period a
year. Owners or operators conducting the Method 21 screening must meet
the requirements in the applicable subpart and keep records of all
screened equipment. (See Section III.A of this preamble for rationale.)
Records of the annual Method 21 screening are to be submitted to the
Administrator via e-mail to CCG-AWP@EPA.GOV.

C. Re-Screening Repaired Equipment

    In the final rule, we are allowing owners or operators to re-screen
equipment after being repaired using either the current work practice
or the AWP if the leaks were detected using the AWP. Leaks detected by
the current work practice must be re-screened using the current work
practice. (See Section III.B of this preamble for rationale.)

D. Recordkeeping for AWP Compliance

    In the final rule, we are requiring that owners or operators keep
records of the equipment, process units, or facilities that are to be
included in the AWP to document that a facility has chosen to comply
with the AWP. This documentation must be kept for as long as the AWP is
used and the Administrator may request to review it. We are also
requiring that owners or operators keep video records of the daily
instrument check and the leak survey results. The video records must be
kept for at least 5 years. (See Section III.E of this preamble for
rationale.)

III. Response to Significant Comments

    The proposal provided a 60-day comment period ending, June 5, 2006.
We received comments from 23 commenters. Commenters included State
agencies, industry, industry trade groups, environmental groups and
individuals. We have summarized the significant comments below. A
complete summary of comments is provided in the response to comments
document which can be found in Docket EPA-HQ-OAR-2003-0199.

A. Basis of Standard

    Comment: One commenter suggested that the basis of EPA's assessment
of optical gas imaging is from data for sources never regulated for
leaking equipment and is significantly outdated compared to current
LDAR implementation.
    Response: As discussed in the proposal preamble (71 FR 17403), the
most reasonable approach to determine if the AWP is equivalent to the
original work practice (based on Method 21) is to model the emission
reductions that would occur if you were to apply both programs on an
uncontrolled facility. This allows for a direct comparison between the
effectiveness of the two approaches. As explained in the proposal, the
original uncontrolled baseline Method 21 data used to develop the
existing work practice would have been appropriate to make the
comparison. Unfortunately, this 25-year-old database is no longer
available. The only uncontrolled data available is from natural gas
processing plants, which are used in the modeled comparison. These
plants were screened with Method 21 instruments in the early 1990s as
part of an EPA/industry effort to develop emission factors for the
refinery and gas processing industry.
    Comment: Several commenters opposed immediate and complete phase-
out of Method 21 because equivalency has not been proven and the
optical gas imaging instruments have questionable ability to image
materials emitted at the detection sensitivity level (i.e., threshold
leak rates). Several commenters explained that the studies referenced
by EPA do not take into account the fact that a single leak's emission
rate will vary over time and depend on process conditions (such as
chemical activity, temperature, and pressure), and the type and size of
the equipment. One commenter suggested that EPA has presented no
evidence to support the presumption that leaking equipment below the
sensitivity of the optical gas imaging instrument will proceed to leak
at a higher rate over time and be discovered due to increased frequency
of monitoring. One commenter stated that if smaller leaks will not be
detected with the gas imaging instrument, then a site may end up with
many undetected small fugitive equipment leaks and could result in
higher emissions rates.
    Another commenter asserts that optical gas imaging is not currently
technically equivalent to Method 21 because the camera cannot detect
small leaks of less than 60 grams/hour (g/hr). The commenter also
stated that the side-by-side comparison of Method 21 and the optical
gas imaging technology shows there are significant differences in the
detection rate. The commenter questioned whether the increased
frequency of monitoring to detect larger leaks will actually compensate
for the camera's inability to detect small leaks. The commenter added
that high risk leaks of carcinogens will continue to leak until they
become large enough to be detected by the camera.
    Response: When using any imaging instrument, leak detection
requires two primary factors for its use: (1) The leak definition and
(2) the monitoring frequency. Together, these factors form the
foundation of an LDAR program for identifying fugitive emissions from
leaking equipment. The current work practice uses various leak
definitions based on parts per million (ppm) and corresponding
monitoring frequencies (monthly, quarterly, or annually) for
identifying leaking equipment. Emissions reductions occur when leaking
equipment is identified and repaired. In developing the AWP, EPA sought
to design a program for using the optical gas imaging instrument that
would provide for emissions reductions of leaking equipment at least as
equivalent as the current work practice. To do so, we used the Monte
Carlo model for determining what leak rate definition and what
monitoring frequency were necessary for the AWP. The following provides
a brief explanation of how we used that model to obtain the 60 g/hr
leak rate threshold and a bi-monthly monitoring frequency. For a more
detailed explanation of the

[[Page 78202]]

methodology used to develop the AWP, refer to the preamble for the
proposed AWP (71 FR 17401).
    Based on a 1993 petroleum industry study, EPA developed a
statistical relationship between measured (bagged) mass emissions and
the associated measured Method 21 screening values. This statistical
relationship established the probability of registering a Method 21
screening value for a given range of mass emissions. The statistical
relationship was then used to simulate detection of leaks by the Method
21 work practice in the computer model. The modeling program compares
the screening value of Method 21 to various leak definitions to
determine if a leak would be detected. Similarly, the model assigns a
mass rate detection limit to the AWP. For each piece of equipment with
a leak at or above the assigned mass detection limit, the program
specifies detection by the AWP. Modeling results showed a work practice
repeated bimonthly with a detection limit of 60 g/hr range was
equivalent to the existing work practice. The model generated different
detection limits for the 500 and 10,000 ppm thresholds in existing
rules. The final rule reflects the mass detection limit for 500 ppm,
i.e., the most stringent limit in the Federal LDAR rules, thus,
providing equivalency for both leak definitions.
    The final AWP is not phasing out the existing Method 21-based LDAR
work practice standards. Rather, the final rule allows owners/operators
to choose to use the AWP in place of the current work practice wherever
applicable. When used, the AWP provides equivalent control and appears
to be less burdensome to implement. Additionally, industry has
purchased many optical gas imagers and has had the opportunity to
become proficient with their use. For these reasons, we expect the AWP
to quickly come into widespread use. We see no reason why this is not a
good outcome, especially given, as discussed below, that the final AWP
includes an annual Method 21 monitoring requirement.
    We disagree with the commenter's assertion that optical gas imaging
cannot detect leaks at or less than 60 g/hr. The tests conducted using
various optical imaging devices have shown that many gas imaging
instruments detect emissions significantly below the 60 g/hr limit
(Docket ID No. EPA-HQ-OAR-2003-0199-0027). Moreover, equivalence has
been shown at a 60 g/hr leak rate, so it is not necessary that the
optical gas imager detect leaks smaller than this level.
    We also disagree that the side-by-side comparison of Method 21 and
the AWP shows significant differences in mass of emissions detected.
Available test data that we have reviewed shows that most of the mass
emissions were detected by both Method 21 and the AWP (Docket ID No.
EPA-HQ-OAR-2003-0199-0027, and the response to comments document which
can be found in Docket EPA-HQ-OAR-2003-0199). The commenter did not
provide data to support their assertion otherwise.
    However, we recognize that modeling cannot address all of the
uncertainties associated with equipment leaks because we lack
sufficient information necessary to address all of the potential issues
such as leak rates varying with time or with different operating
scenarios. While commenters suggest these factors could affect the
modeled equivalency determination, we are not aware of any specific
data that shows this affect is real or that would allow us to include
it in the equivalence modeling. As an example, one question not
addressed by the modeling effort is the possibility that leak rates of
the emitters below the imaging threshold of 60 g/hr will increase with
time but stay below 60 g/hr and, therefore, not be imaged by the AWP.
If the leak rate for the equipment currently leaking below the
detectable threshold of the AWP gradually increases but stays below the
detectable threshold, some situations may arise where cumulative
emissions could exceed those emitted under the current program. We do
not have evidence to support this scenario; however, we believe it
prudent to protect against this scenario. Therefore, the final AWP
requirements provide a transition to the new imaging technology. We
have added an annual Method 21 screening to the AWP to address the
concern of small leaks growing but not large enough to be detected with
optical imaging. This requirement would take the place of one of the
optical imaging screening surveys. The Method 21 screening must be
conducted using the leak detection and repair requirements in the
applicable subpart to which the equipment is subject and must be
conducted for all equipment that are included in the AWP. Records of
the annual Method 21 screening results must be kept. Records must
identify the equipment screened, the screening value measured by Method
21, the time and date of the screening, and calibration information
required in the existing applicable subparts. We recognize that
including an annual Method 21 screening survey in the AWP will decrease
the cost savings that may have occurred under the proposed requirement;
however, we fully expect that the costs of the final AWP will be
substantially less than those of the current work practice, so we hope
that the added costs will not deter facilities from adopting the final
AWP.
    As industry adopts the AWP and reports to us their records of the
results of the annual Method 21 monitoring, we will review this data to
assess the extent to which small leaks go undetected and become larger
while remaining undetected. We will consider these results, along with
other relevant information, in any future revisions to the AWP.
     Comment: One commenter requested EPA explain the relationship
between the 60 g/hr threshold and the 500, 1,000, 2,000, and 10,000 ppm
concentration cutoffs in the existing LDAR regulations. The commenter
suggested that EPA set up different leak definitions to recognize that
some equipment inherently leak less material than others and thus only
need to be repaired after reaching the specified leak level. The
commenter also indicated that the increased leak definition for auto-
polymerizing compounds were included in most LDAR regulations to
recognize that these materials are less likely to leak into the
atmosphere. The commenter concluded that the 60 g/hr leak threshold
does not recognize any of the specific situations that have caused EPA
to promulgate these provisions.
    Two commenters suggested that the equivalency analysis does not
show that the gas imaging leak threshold of 60 g/hr is equivalent to a
Method 21 measurement of 500 ppm, especially when connectors and other
equipment are considered. Another commenter added that another study
showed that an equivalent leak threshold for flanges is 24 g/hr instead
of 60 g/hr. The commenter requested that EPA justify applying the same
leak threshold to virtually all types of equipment. The commenter also
stated that another study showed the equivalent leak threshold for
valves was 36 g/hr, and suggested using this stricter standard.
     Response: The explanation of the relationship between the 60 g/hr
leak threshold and various leak definitions is provided in EPA's
discussion of the Monte Carlo analysis (Docket ID No. EPA-HQ-OAR-2003-
0199-0005). Additionally, as explained in the response above, the
equivalency determination was based on comparing the current work
practice leak definition and monitoring frequency requirements with
various leak rates and monitoring frequencies generated by the Monte
Carlo model. We modeled the most stringent leak definition (500 ppm) to

[[Page 78203]]

determine the leak threshold for the AWP under the assumption that if a
source could meet the most stringent leak threshold, it could meet less
stringent leak definitions in any of the Federal equipment leak
standards.
    The 60 g/hr leak threshold, when monitored bi-monthly, is the
modeled equivalent for the vast majority of LDAR programs. Other
equipment subject to LDAR rules is monitored at a higher leak
definition (i.e., 1,000 ppm, 2,000 ppm, 10,000 ppm) and monitored less
frequently (i.e., quarterly or annually). Thus, facilities using the
AWP to monitor these other pieces of equipment should see results at
least as stringent as using the current work practice. We lacked
sufficient bagging data on other equipment to develop correlations
using the model. However, the bagging data for those other pieces of
equipment could be, and was, used to validate the results from the
Monte Carlo analysis.
    One commenter referred to an industry study showing that if a
different dataset consisting of information from southern California
refineries were used in the Monte Carlo analysis, the equivalent leak
threshold for valves would be 36 g/hr and flanges would be 24 g/hr.
There are several reasons why the California data is not appropriate
for the analysis. First we would note that the dataset from the
California refineries was from refineries where equipment leak
standards were already in place and leak thresholds would be lower.
Such a dataset from controlled facilities would not be appropriate for
the equivalency analysis. As discussed in the proposal preamble and in
previous responses, a technically defensible equivalency determination
of any AWP requires modeling of an uncontrolled facility. Second, the
equipment leak work practice requirements in the California rules,
which the refineries would be subject to, are not identical to those in
EPA regulations with Method 21. There were significant differences
between Method 21 requirements and the requirements for equipment leaks
in California such that screening results from the two are not
equivalent. To make a comparison with EPA's Monte Carlo analysis, the
California data was modified to approximate the requirements of Method
21. However, this modification is only an approximation and does not
exactly replicate Method 21 results. Third, we also note that the leak
threshold of 24 g/hr for flanges was calculated assuming quarterly
monitoring. However, the EPA requirements for flanges only require
monitoring about every 2 years. To conduct a proper model for flanges,
the analysis would need to be run on a 2-year basis. As stated in the
report (Docket ID No. EPA-HQ-OAR-2003-0199-0032), ``the equivalent AWP
(leak threshold) increases as the AWP monitoring frequency increases.''
This trend implies an equivalent leak threshold based on the existing
2-year monitoring requirement would be much higher than the 24 g/hr
number and likely above 60 g/hr.
    Regarding auto-polymerizing compounds, we lack sufficient
information to equate mass leak rates to concentration levels for them.
The commenter did not provide any additional information that would
allow us to do so. Therefore, we are not providing leak thresholds
specific to auto-polymerizing compounds. We acknowledge the AWP may
result in more stringent control than the current work practice
required in equipment leak standards for polymers and resins because
the model analysis used to develop the AWP was conducted at a leak
definition of 500 ppm, the most stringent leak definition in Federal
rules, and using data from natural gas processing plants. If the owner
or operator considers the AWP not to be appropriate for their facility
they can continue to use the current work practice to identify leaking
equipment.
    Comment: One commenter suggested that using the optical gas imaging
instrument may miss intermittent leaks, which may add significantly to
fugitive emissions. The commenter added that the AWP needs to account
for how at certain times potentially large leaks can be disguised as
small leaks.
    Response: Previous EPA studies have shown that most emissions are
from equipment with the larger leaks. (Docket ID No. EPA-HQ-OAR-2003-
0199-0044) Prior to leak detection and repair programs, 95 percent of
the mass emissions were emitted from 5 percent of the equipment, i.e.,
equipment leaking at greater than 10,000 ppm. Additionally, tests
conducted to ascertain the performance of optical gas imaging cameras
show that the cameras identified all leaks greater than 60 g/hr (Docket
ID No. EPA-HQ-OAR-2003-0199-0027, and the response to comments document
which can be found in Docket EPA-HQ-OAR-2003-0199). These results show
that the AWP will achieve EPA's goals of detecting leaking equipment
from which the majority of emissions arise. As a point of comparison,
we would also note that the current work practice can erroneously
register low ppm readings below the leak threshold for large emitters,
i.e., the current work practice can show a broad range of readings for
the same mass emission. Therefore, the current work practice also would
not identify all leaking equipment. Also, neither the current work
practice nor the AWP will identify intermittent leaks because these
leaks occur when equipment is not monitored.
    The final rule also requires that any leak, no matter how small,
viewed by the optical gas imaging instrument is considered a leak and
must be repaired. The performance tests show that the camera can in
practice ``see'' leaks as low as 10 g/hr, which is below the 60 g/hr
leak threshold determined to be equivalent to the current work
practice. As a result, the cameras will identify equipment leaking
below the 60 g/hr leak threshold and those leaks are required to be
repaired. Thus, a large leak that could be ``disguised'' as a smaller
leak under the current work practice would not be misidentified and
avoid repair.
    Comment: One commenter suggested that a loophole in the AWP allows
inspectors to bypass proper adjustments for high purity systems
containing undetectable chemicals. The commenter explained that the
optical gas imaging instrument can only detect volatile organic
compounds (VOC) that absorb or emit infrared light. In the synthetic
organic chemicals manufacturing industry, high purity systems are
common, and leaks can go undetected if the dominant chemical does not
register with optical gas imaging technology. The commenter added that
the proposal contains a loophole that gives the inspector the option of
using a minimum mass flow rate threshold of either 10 g/hr for pumps or
6 g/hr for all other equipment instead of adjusting the threshold to
accommodate the instrument's detection limits. The commenter questioned
EPA's assumption that all leaks encountered during an inspection
contain at least 10 percent detectable chemicals. The commenter
recommended that EPA remove this loophole by eliminating section
60.18(i)(2)(i)(B) from the rules. The commenter also recommended that
Method 21 be used for high purity situations where chemicals have not
been verified as adequately detectable using the optical gas imaging
technology. The commenter concluded that if EPA chooses to keep the
loophole, it should address whether the technology fails to detect a
high number of leaks that are smaller than 6 g/hr.
    Response: After further review of the commenter's concerns, we have
determined that the commenter is correct regarding the minimum
detection sensitivity level provided in the tables. The potential
exists for high

[[Page 78204]]

purity systems to have leaks not identified if the minimum detection
sensitivity level is used instead of being calculated. Consequently,
the final rule requires that the detection sensitivity level be
calculated using the equation in section 60.18(i)(2)(i). The minimum
detection sensitivity level concept has been removed from the final
rule. We also note that the optical gas imaging instrument is allowed
to be used only where it will respond to the equipment leaking.
Therefore, if the instrument does not respond to high purity streams,
it cannot be used to detect leaks. The current work practice using
Method 21 must be used instead.

B. Applicability

    Comment: One commenter requested that EPA clarify that a facility
is not required to monitor equipment using Method 21 and the AWP.
    Response: The standard is an alternative to the existing work
practice and may be used in place of the existing work practice where
feasible and whenever the owner or operator chooses to do so. We are
not requiring that both be used at the same time. We are requiring that
each facility choosing to use the AWP monitor the same regulated
equipment with a 40 CFR part 60, Appendix A-7, Method 21 monitor once
per year.
    Comment: Several commenters suggested that leaks identified using
the gas imaging instrument should be verified using traditional Method
21. Another commenter opposed allowing Method 21 to be used to check
for leaks found with optical imaging. The commenter suggested that the
methods could give contradictory results and would serve no purpose.
The commenter added that because EPA states in the proposal that the
AWP provides equivalent or better emissions control than Method 21,
there is no justification for requiring both methods to be applied to
the same equipment.
    Two commenters also requested that EPA consider allowing facilities
the option to use Method 21 or the Gas imaging AWP for post repair
monitoring requirements. The commenters opposed the required approach
of being limited to the same method for repair monitoring.
    Response: We do not believe that leaks identified in the initial
screening using the AWP need to be screened using the current work
practice to verify the leak. By definition in the AWP, a leak is any
emissions imaged by the optical gas imaging instrument. Requiring the
facility to use a Method 21 monitor to verify what the optical gas
imaging instrument has already detected would be an unnecessary
duplication of effort and resources.
    On the other hand, we have decided that it would be appropriate to
allow either the current work practice or the AWP to be used for repair
purposes when the AWP is used for the initial screening. Test
information has demonstrated that a Method 21 instrument will detect
leaks that the gas imaging instrument will detect (Docket ID No. EPA-
HQ-OAR-2003-0199-0027, and the response to comments document which can
be found in Docket EPA-HQ-OAR-2003-0199). Therefore, it is appropriate
to allow its use when optical gas imaging instruments are used to find
leaks. If a Method 21 instrument is used for repair monitoring, the
leak definition in the applicable subpart to which the equipment is
subject must be used to determine if the repair is successful. However,
the AWP instrument will not be allowed to verify the repair has been
made after the Method 21 instrument is used for the once-a-year
monitoring.
    Comment: Several commenters suggested that an owner or operator
should be able to selectively apply the proposed AWP to a part of the
facility, part of a process unit, or even individual equipment. The
commenters added that selective application of the AWP is appropriate
because optical gas imaging technology is new and few facilities have
experience with it, differences within a facility suggest the use of
Method 21, or the AWP to various parts of the plant, and it would
encourage the development of the technology.
    Response: We agree with the commenters' suggestion. The AWP may be
used for the entire facility, a process unit, or a group of equipment.
The decision is up to the owner or operator how broadly the AWP will be
used. The owner or operator is required to keep records of where the
AWP will be used as part of the documentation of the detection
sensitivity level value.
    Comment: Two commenters suggested that EPA should allow flexible
use of the AWP by allowing facilities to move from traditional
monitoring to optical imaging and vice versa without being subject to a
permitting approval process. The commenters added that a facility
cannot switch from one technology to another without assuring that
monitoring frequencies and protocols are fully addressed upon
switching.
    Response: The flexibility that the commenters are requesting is
beyond the scope of this action. The issues need to be raised in the
context of the title V program and the specifics of individual facility
permits.
    Comment: Several commenters supported using the AWP for monitoring
closed vent systems. Another commenter suggested that most pressure
relief vents (PRV) are installed in closed vents routed to control
devices. Therefore, optical sensing methods cannot evaluate emissions
inside a closed vent conveyance. The commenter concluded that the AWP
must allow mixed monitoring methods for closed vents. One commenter
asserted that the AWP has to be applicable for a 500 ppm leak and any
change to the standard for monitoring closed vent systems would be
outside the scope of the AWP. One commenter recommended that the owner
or operator be given the option of using either Method 21 or an optical
imaging camera to monitor PRV after the pressure releases.
    One commenter supported the lower leak rates for closed vent
systems (e.g., 3 g/hr) but noted that the leak rate would be for mass
flow for a bi-monthly inspection schedule. The commenter added that
closed vent systems are typically inspected on an annual basis and the
equivalent leak rate, using the Monte Carlo analysis, for annual
inspection would be 0.013 g/hr, which is below the range that the
technology can reliably find leaks. The commenter added that to allow
use of the optical gas imaging technology to monitor closed vent
systems, EPA must create a revised inspection schedule which balances
frequency with limitations of the optical technology. The commenter
also added that if the optical imaging technology cannot reliably
measure emissions at low leak rates, Method 21 should be used. The
commenter stated that supplementing the optical gas imaging technology
with Method 21 would catch more small leaks characteristic of closed
vent systems.
    Response: In the preamble to the proposed rule, we took comment on
whether the AWP was appropriate for closed vent systems but did not
include language to permit such use. We have evaluated the commenters'
concerns and have decided that the AWP is not appropriate for
monitoring closed vent systems, leakless equipment, or equipment
designated as non-leaking. While the AWP will identify leaks with
larger mass emission rates, tests conducted with both the AWP and the
current work practice indicate the AWP, at this time, does not identify
very small leaks and may not be able to identify if non-leaking/
leakless equipment are truly nonleaking because the detection
sensitivity of the optical gas imaging instrument is not sufficient.
Therefore, in the final rule, as in the proposed rule,

[[Page 78205]]

we have decided not to allow the AWP to be used for closed vent
systems, leakless equipment, or equipment designated as non-leaking.
    Comment: Several commenters supported using the optical imaging
technology to find, review, and fix non-regulated and previously non-
detectable leaks without additional regulatory burden and fear of
reprisal from enforcement actions. One commenter suggested that the
camera be used as a form of enhanced visual inspection to quickly
identify whether a group of equipment has passed or failed and that
result be stored in a database. Then, the camera and recorded video
could be used to target only the leaking equipment. Another commenter
supported using the optical imaging device as a screening tool for
leaks so that annual Method 21 leak checks could be targeted to
equipment suspected of leaking.
    Other commenters asserted that the AWP should require that all
leaks detected with optical gas imaging be corrected according to the
existing leak correction time requirements, regardless of whether or
not the equipment would have been required to be monitored using Method
21. One commenter added that if the operator monitors leaks outside of
the EPA requirement, the AWP should require the company maintain
records. The commenter stated this would prevent operators from
repairing leaks just prior to an official inspection and reporting
artificially low levels. One commenter requested that the AWP also
apply to inaccessible and unsafe to monitor equipment. The commenter
also suggested that expanding the inventory would reduce the number of
large leakers, and reduce the cost to the plant by enabling the plant
to repair large leakers rather than an inventory of equipment which
they are mandated to monitor and repair.
    Response: The AWP requirements are intended to provide an
alternative to the current work practices using Method 21. Requirements
in the existing subpart that are specific to Method 21 do not apply to
the AWP. All other requirements in the applicable subpart that are not
specifically addressed in the AWP apply, such as schedule for repairs,
designation of difficult to monitor equipment and unsafe to monitor
equipment. Therefore, the schedule for repairing leaks is the same for
both work practices. The final rule changes were not intended to expand
the applicability of the existing rules. The Agency has promulgated the
AWP to facilitate the use of emerging technology as quickly as
appropriate. Once the regulated community and EPA have more experience
with the AWP, we may consider expanding the applicability of the
existing rules.
    Comment: Several commenters provided input on definitions for
``difficult to access'' or ``unsafe to access'' or ``unsafe to repair''
or ``difficult to repair.'' Several commenters requested EPA include
the concept of ``difficult to access'' in the AWP because access is
still required to make repairs and in some cases this may not be
possible. One commenter suggested replacing the term ``difficult to
access'' with ``unsafe to access.'' One commenter also suggested adding
a definition for ``unsafe to access'' equipment because the AWP would
allow more frequent monitoring of these equipment due to the nature of
the technology, but does not address the repair requirements for such
equipment. One commenter suggested for equipment designated as
``difficult to access'' repair be required as soon as practical but no
later than 90 days. Equipment identified as ``unsafe to access'' should
be required to be repaired when it is safe to do so. One commenter
requested EPA to describe how facilities switching to the AWP would
manage their ``difficult to monitor'' lists.
    Response: The interpretations of the terms ``difficult to
monitor,'' ``difficult to repair,'' or ``unsafe to monitor'' are driven
by work practice in use and therefore are not addressed in this
section. We expect the population of equipment so designated under the
existing work practice will change to accommodate the differing
capabilities of the AWP instrument. Therefore, we are not addressing
``difficult to monitor,'' ``difficult to repair'' or ``unsafe to
monitor.''

C. Rule Location

    Comment: Several commenters supported locating the AWP in the
General Provisions. However, many of the commenters requested that the
AWP be located in the General Provisions to each applicable Part rather
than only in Part 60. Other commenters preferred that Method 21 be
revised to include the AWP rather than include language in the General
Provisions.
    Several commenters supported including the amendatory language in
each applicable subpart and opposed having it in only one Part. The
commenters suggested that the proposed method would result in numerous
inconsistencies with the subparts and would be confusing.
    Two commenters suggested that the proposed language in the 40 CFR
part 60 General Provisions was legally insufficient. One of the
commenters asserted that EPA must incorporate the AWP into all subparts
where it will be readily apparent to the affected industry groups,
regulators, and the public.
    Response: We believe there is no simple way to incorporate the AWP
into the numerous subparts. The General Provisions appear to be the
most efficient way to accommodate the desired amendments, so in
response to the comments received, we have decided to incorporate the
AWP into the General Provisions of parts 60, 63, and 65. The AWP is
also applicable to those subparts in part 61 that reference the General
Provisions in part 60. Additionally, where specific subparts require
modification (such as tables in Part 63 subparts that reference General
Provisions sections), we have made the appropriate revisions. The
suggestion to incorporate the AWP into Method 21 is both inappropriate
and awkward because Method 21 contains a test method only and should
not contain recordkeeping, reporting, and monitoring requirements.

D. Alternative Work Practice Procedures and Equipment Specifications

    Comment: One commenter requested that use of the optical imaging
technology be complemented with Method 21 as necessary to compensate
for shortcomings in the camera design. The commenter noted the
differences between active and passive cameras and their
vulnerabilities, as well as interferences from carbon dioxide and
steam/water, use outdoors, and the color of the background. The
commenter recommended that the AWP should fully address the limitations
of each technology and require that inspectors identify and make
records of equipment types that are poor candidates for either kind of
optical gas imaging technology.
    Response: The AWP can only be used to detect leaks when the gas
imaging instrument is shown to work (i.e., streams that contain
compounds that can be detected by the gas imaging instrument).
Therefore, if a specific type of gas imaging device does not work on a
stream, operators will continue to use the Method 21-based work
practice for these equipment. Although this commenter did not provide
any data supporting the need to augment the AWP with the Method 21
instrument, as explained earlier, we are requiring annual monitoring
with the Method 21 instrument. (See section III.A of this preamble for
a discussion of this requirement.)
    Comment: One commenter requested EPA to explain how a facility
would identify which analytical methods

[[Page 78206]]

should be used for which compounds, especially when potentially
incompatible compounds may be included in a mixture within a group of
emission equipment. The commenter added that it would be unfair to
penalize a facility by prohibiting the use of the AWP because the AWP
cannot detect all VOC in a specific process unit.
    Another commenter requested clarification that the requirement in
40 CFR 60.18(i)(1) that imaging the compounds in the streams does not
mean or imply that every compound in the stream must be detected.
    Response: The AWP does not require that every compound in the
stream be detected. Only one compound needs to be able to be viewed.
However, the 60 g/hr leak rate threshold must be adjusted, i.e., scaled
down, to account for compounds that are not seen. The language in the
final rule was modified to clarify this point.
    Comment: One commenter requested that petroleum refineries be
exempt from the stream speciation and variability of process stream
requirements because petroleum refineries were used in the development
of the standard and because the mixed hydrocarbons contained in the
streams have been demonstrated to meet all the monitoring criteria. The
commenter specifically opposed requiring an engineering analysis. The
commenter suggested adding language that allows the determination to be
based on the process knowledge that an image from the camera is not a
leak if that image is determined to be steam or other unregulated
material.
    Response: In the proposed rule, we provided a definition for
``engineering analysis'' that described the requirements for
determining the piece of equipment in contact with the lowest mass
fraction of chemicals that are detectable. In the final rule, we have
decided to put the requirements for the analysis directly in the rule
rather than have a separate definition.
    In the final rule, we are requiring owners or operators to
determine the piece of equipment in contact with the lowest mass
fraction of chemicals that are detectable. It is up to the owner or
operator to provide sufficient information to meet this requirement.
This information may include process knowledge, previous studies, or
analyses conducted for the AWP. The documentation of the analysis is
required to be kept as a record for as long as the AWP is used and must
be updated to incorporate any changes that may affect the analysis. The
Administrator may request to review the documentation. Because this
requirement is now in the rule, it is not necessary to include it in
the term ``engineering analysis.'' Therefore, in the final rule, the
term ``engineering analysis'' has been removed.
    We also disagree that petroleum refineries should be exempted from
the stream speciation and variability of process stream requirements.
The commenter's reasoning is not a sufficient justification for such an
exemption because, although some refinery streams were used to develop
the method, there are a wide variety of refineries with varying streams
and without site specific analysis we have no assurance that the
required leak rate can be imaged.

E. Recordkeeping and Reporting

    Comment: One commenter requested the owner or operator of an
affected source be required to submit notice to the Administrator that
they have elected to use the AWP and state the duration the AWP will be
used.
    Response: For the final rule, we have required a memorandum to the
owner's or operator's file identifying the equipment, process units, or
facilities that are to be included in the AWP to document that a
facility has chosen to comply with the AWP. This documentation must be
kept for as long as the AWP is used and the Administrator may request
to review it. It is not necessary to submit notification to the
Administrator that the AWP will be used. Owners or operators are still
required to meet the requirements in the subpart except where they are
superseded by the AWP. Therefore, the same reports and records kept for
the current work practice will be required for the AWP.
    Comment: Several commenters requested that EPA allow owners/
operators the option of keeping video records to provide flexibility;
others opposed requiring keeping video records. Several commenters
added that recordkeeping for the AWP should not be more burdensome than
the applicable subparts. The commenters noted that the AWP will add
significant burden to facilities and regulators. One commenter stated
that facilities will incur burden from additional storage of electronic
files. The commenter provided estimates of the amount of electronic
storage space that would be necessary, indicating as much as 50
gigabytes would need to be stored per inspection. The commenter added
that EPA should consider the time needed to transfer large files
between field data collection devices and the plant's computer in the
time necessary to use the AWP. One commenter expressed concern about
maintaining videos of every leak survey, especially if the AWP requires
that each piece of equipment be imaged separately. The commenter noted
that the battery life of the camera and recorder are limited, storage
of the videos will be burdensome, and data retrieval will require
searching the videos and will be cumbersome.
    Other commenters suggested that video records of the daily
instrument check should be required. One commenter recommended EPA
maintain the documentation requirements for monitoring of all
equipment. The commenter asserted that video documentation is an
important enforcement tool and is a safeguard against fraud. The
commenter disputed industry assertions of the cost of keeping video
records and suggested that computer storage represents only a fraction
of the costs of the LDAR program.
    Response: The final rule requires that if the owner or operator
chooses to use the AWP, video records of all viewed regulated equipment
and video records of the daily instrument check must be kept for 5
years. We recognize that data files for video records may be large.
However, to ensure that the AWP is being complied with, we believe it
is necessary to require video records of each piece of equipment that
is viewed. We would also like to reiterate that the standard is an AWP.
If owners or operators believe that the video recordkeeping
requirements are too burdensome, they may continue to comply with the
existing requirements as written. We also note that the AWP is not
superceding the recordkeeping and reporting requirements that are in
the existing equipment leak standards. The owner or operator must still
keep those records. However, in the final rule a video record can be
used to meet the recordkeeping requirements of the applicable subparts
if each piece of regulated equipment selected for this work practice
can be identified in the video record.

F. Other Comments

    Comment: One commenter asked EPA to clarify whether a requirement
that the instrument be intrinsically safe will be incorporated into the
AWP. One commenter suggested that a significant burden will be incurred
by requiring instruments that are intrinsically safe. The commenter
added that EPA is requiring that personnel take into hazardous areas
data storage devices that are not intended for that purpose.
    Response: We are not requiring that gas imaging instruments be
intrinsically safe. It is incumbent upon the

[[Page 78207]]

manufacturer to develop instruments that are designed to meet the
requirements of the chemical facility or refinery. Facilities may or
may not require equipment be intrinsically safe. The owner or operator
is not being required to use the AWP. If such instruments are not
available, and the operator requires intrinsically safe instruments,
then the owner or operator does not have to choose to use the AWP.
    Comment: Several commenters requested that EPA provide guidance on
how a facility would calculate emission rates for emission inventories
if the AWP is in use. One commenter specifically asked how a facility
would manage default zero equipment for emission estimation purposes.
Several commenters added that if guidance is not provided, EPA should
revise the AWP to include quantification procedures consistent with
EPA's preferred methodology. One commenter asserted that optical gas
imaging is limited by its inability to quantify leak concentration,
which are converted to emission rates using the correlation equations.
The commenter added that facilities must be required to use Method 21
or an equivalent emissions estimation technique to quantify leaks
detected with optical gas imaging. Another commenter suggested that gas
imaging technology has the ability to quantify emissions; therefore,
quantification should be required in the AWP.
    Response: The Agency recognizes the need for new approaches to
estimate emissions from facilities that implement the AWP. We will work
with stakeholders to develop the necessary tools for quantification. In
the final rule, we are also requiring each facility complying with the
AWP also monitor the same regulated equipment with a Method 21 monitor
once per year. The data gathered from this requirement will help us
address the issue of emissions quantification.
    Comment: One commenter considered that public notification of the
rulemaking was incomplete and inadequate because the title and summary
of the proposed rule only addressed 40 CFR part 60 but the proposal
would amend 40 CFR parts 61, 63, and 65 as well. The commenter added
that before EPA promulgates the AWP, it needs to propose the AWP for
parts 61, 63, and 65.
    Response: We believe that sufficient notification was provided that
the AWP would apply to subparts other than in 40 CFR part 60. The
proposed rule specifies in 40 CFR 60.18(a)(2) that the AWP is available
to all subparts in 40 CFR parts 60, 61, 63, and 65 that require
monitoring of equipment with a 40 CFR part 60, Appendix A-7, Method 21
monitor. The rule clearly states that the AWP applies to 40 CFR parts
60, 61, 63, and 65. Similarly, the preamble to the proposed rule states
that it applies to 40 CFR parts 60, 61, 63, and 65.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    This action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 (58 FR 51735, October 4, 1993) and is,
therefore, not subject to review under the Executive Order.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501, et seq. The
information collection requirements are not enforceable until OMB
approves them.
    This final rule provides plant operators with an alternative method
for identifying equipment leaks, but does not change the basic
recordkeeping and reporting requirements in the various subparts of 40
CFR parts 60, 61, 63, and 65. However, EPA anticipates that this final
rule will change the burden estimates developed and approved for the
existing national emission standards by reducing the labor hours
necessary to identify equipment leaks.
    An ICR document (EPA ICR No. 2210.02) was prepared for this final
rule to estimate the costs associated with reading and understanding
the alternatives, purchasing an optical imaging instrument, and initial
training of plant personnel. The ICR has been approved by OMB under the
Paperwork Reduction Act, 44 U.S.C. 3501, et seq. The annual public
burden for this collection of information (averaged over the first 3
years after the effective date of the final rule) is estimated to total
3,027 labor hours per year and a total annual cost of $2,260,189. EPA
has established a public docket for this action (Docket EPA-HQ-OAR-
2003-0199) which can be found at http://www.regulations.gov. The ICR
for this final rule is included in the public docket. Burden is defined
at 5 CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. In addition, EPA is
amending 40 CFR part 9 in the Federal Register to display the OMB
control number for the approved information collection requirements
contained in this final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    For purposes of assessing the impacts of the final rule on small
entities, small entity is defined as follows: (1) A small business
whose parent company has fewer than 100 to 1,500 employees, or a
maximum of $5 million to $18.5 million in revenues, depending on the
size definition for the affected North American Industry Classification
System (NAICS) code; (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field. It should be noted that the
small business definition applied to each industry by NAICS code is
that listed in the Small Business Administration size standards (13 CFR
part 121).
    After considering the economic impact of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. In
determining whether a rule has a significant economic impact on a
substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analysis is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the rule on small entities.'' 5 U.S.C. 603 and 604.
Thus, an agency may certify that a rule will not have a significant
economic impact on a substantial number of small entities if the rule
relieves regulatory burden, or otherwise has a positive economic effect
on all of the small entities subject to the rule.
    We have concluded that this final rule imposes no additional burden
on

[[Page 78208]]

facilities impacted by existing EPA regulations. This final rule allows
plant operators to voluntarily use an AWP. In fact, EPA expects the AWP
will relieve regulatory burden for all affected entities by reducing
the labor hours necessary to identify equipment leaks.

D. Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act (UMRA) of 1995, Public
Law 104-4, establishes requirements for Federal Agencies to assess the
effects of their regulatory actions on State, local, and Tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if EPA
publishes with the final rule an explanation why that alternative was
not adopted.
    Before EPA establishes any regulatory requirements that may
significantly or uniquely affect small governments, including Tribal
governments, EPA must have developed, under section 203 of the UMRA, a
small government agency plan. The plan must provide for notifying
potentially affected small governments, enabling officials of affected
small governments to have meaningful and timely input in the
development of EPA's regulatory proposals with significant Federal
intergovernmental mandates, and informing, educating, and advising
small governments on compliance with the regulatory requirements.
    This final rule contains no Federal mandates (under the regulatory
provisions of Title II of the UMRA) for State, local, or tribal
governments or the private sector. This final rule imposes no
enforceable duty on any State, local or tribal governments or the
private sector. Thus, this final rule is not subject to the
requirements of sections 202 and 205 of the UMRA.

E. Executive Order 13132: Federalism

    Executive Order 13132 (64 FR 43255, August 10, 1999), requires EPA
to develop an accountable process to ensure ``meaningful and timely
input by State and local officials in the development of regulatory
policies that have Federalism implications.'' ``Policies that have
Federalism implications'' is defined in the Executive Order to include
regulations that have ``substantial direct effects on States, on the
relationship between the national government and the States, or on the
distribution of power and responsibilities among various levels of
government.''
    This final rule does not have federalism implications. It will not
have substantial direct effects on the States, on the relationship
between the national government and the States, or on the distribution
of power and responsibilities among the various levels of government,
as specified in Executive Order 13132. This final rule will not impose
direct compliance costs on State or local governments, and will not
preempt State law. Thus, Executive Order 13132 does not apply to this
rule.

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' This final rule does not have
tribal implications, as specified in Executive Order 13175. It will not
have substantial direct effects on Tribal governments, on the
relationship between the Federal Government and Indian tribes, or on
the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this rule.

G. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks

    EPA interprets EO 13045 (62 FR 19885, April 23, 1997) as applying
to those regulatory actions that concern health or safety risks, such
that the analysis required under section 5-501 of the Order has the
potential to influence the regulation. This action is not subject to EO
13045 because it is based solely on technology performance.

H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use

    This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy. Further,
we have concluded that this rule is not likely to have any adverse
energy effects.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act (NTTAA) of 1995 (Pub. L. 104-113; 15 U.S.C. 272 note) directs EPA
to use voluntary consensus standards (VCS) in its regulatory activities
unless to do so would be inconsistent with applicable law or otherwise
impractical. VCS are technical standards (e.g., materials
specifications, test methods, sampling procedures, business practices)
that are developed or adopted by one or more voluntary consensus
bodies. The NTTAA directs EPA to provide Congress, through OMB, with
explanations when EPA does not use available and applicable VCS.
    This final rule does not involve technical standards. Therefore,
the requirements of the NTTAA are not applicable.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Its main provision
directs Federal agencies, to the greatest extent practicable and
permitted by law, to make environmental justice part of their mission
by identifying and addressing, as appropriate, disproportionately high
and adverse human health or environmental effects of their programs,
policies, and activities on minority populations and low-income
populations in the United States.
    EPA has determined that this final action will not have
disproportionately high and adverse health or environmental effects on
minority or low-income populations because it increases the level of
environmental protection for all affected populations without having
any disproportionately high and adverse human health or environmental
effects on any

[[Page 78209]]

population, including any minority or low-income population. This final
action would not relax the control measure on sources regulated by the
rule and, therefore, would not cause emissions increases from these
sources.

K. Congressional Review Act.

    The Congressional Review Act, 5 U.S.C. 801, et seq., as added by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
final rule and other required information to the United States Senate,
the United States House of Representatives, and the Comptroller General
of the United States prior to publication of the rule in the Federal
Register. A Major rule cannot take effect until 60 days after it is
published in the Federal Register. This action is not a ``major rule''
as defined by 5 U.S.C. 804(2). This final rule will be effective
December 22, 2008.

List of Subjects

40 CFR Part 60

    Administrative practice and procedure, Air pollution control,
Reporting and recordkeeping requirements.

40 CFR Part 63

    Administrative practice and procedure, Air pollution control,
reporting and recordkeeping.

40 CFR Part 65

    Administrative practice and procedure, Air pollution control.

    Dated: December 15, 2008.
Stephen L. Johnson,
Administrator.

0
For the reasons stated in the preamble, title 40, chapter I, of the
Code of Federal Regulations is amended as follows:

PART 60--[AMENDED]

0
1. The authority citation for part 60 continues to read as follows:

    Authority: 42 U.S.C., 7401, et seq.

Subpart A--[Amended]

0
2. Section 60.18 is amended:
0
a. By revising the section heading;
0
b. By revising paragraph (a); and
0
c. By adding paragraphs (g), (h), and (i) to read as follows:


Sec.  60.18  General control device and work practice requirements.

    (a) Introduction. (1) This section contains requirements for
control devices used to comply with applicable subparts of 40 CFR parts
60 and 61. The requirements are placed here for administrative
convenience and apply only to facilities covered by subparts referring
to this section.
    (2) This section also contains requirements for an alternative work
practice used to identify leaking equipment. This alternative work
practice is placed here for administrative convenience and is available
to all subparts in 40 CFR parts 60, 61, 63, and 65 that require
monitoring of equipment with a 40 CFR part 60, Appendix A-7, Method 21
monitor.
* * * * *
    (g) Alternative work practice for monitoring equipment for leaks.
Paragraphs (g), (h), and (i) of this section apply to all equipment for
which the applicable subpart requires monitoring with a 40 CFR part 60,
Appendix A-7, Method 21 monitor, except for closed vent systems,
equipment designated as leakless, and equipment identified in the
applicable subpart as having no detectable emissions, as indicated by
an instrument reading of less than 500 ppm above background. An owner
or operator may use an optical gas imaging instrument instead of a 40
CFR part 60, Appendix A-7, Method 21 monitor. Requirements in the
existing subparts that are specific to the Method 21 instrument do not
apply under this section. All other requirements in the applicable
subpart that are not addressed in paragraphs (g), (h), and (i) of this
section apply to this standard. For example, equipment specification
requirements, and non-Method 21 instrument recordkeeping and reporting
requirements in the applicable subpart continue to apply. The terms
defined in paragraphs (g)(1) through (5) of this section have meanings
that are specific to the alternative work practice standard in
paragraphs (g), (h), and (i) of this section.
    (1) Applicable subpart means the subpart in 40 CFR parts 60, 61,
63, or 65 that requires monitoring of equipment with a 40 CFR part 60,
Appendix A-7, Method 21 monitor.
    (2) Equipment means pumps, valves, pressure relief valves,
compressors, open-ended lines, flanges, connectors, and other equipment
covered by the applicable subpart that require monitoring with a 40 CFR
part 60, Appendix A-7, Method 21 monitor.
    (3) Imaging means making visible emissions that may otherwise be
invisible to the naked eye.
    (4) Optical gas imaging instrument means an instrument that makes
visible emissions that may otherwise be invisible to the naked eye.
    (5) Repair means that equipment is adjusted, or otherwise altered,
in order to eliminate a leak.
    (6) Leak means:
    (i) Any emissions imaged by the optical gas instrument;
    (ii) Indications of liquids dripping;
    (iii) Indications by a sensor that a seal or barrier fluid system
has failed; or
    (iv) Screening results using a 40 CFR part 60, Appendix A-7, Method
21 monitor that exceed the leak definition in the applicable subpart to
which the equipment is subject.
    (h) The alternative work practice standard for monitoring equipment
for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and
65 that require monitoring of equipment with a 40 CFR part 60, Appendix
A-7, Method 21 monitor.
    (1) An owner or operator of an affected source subject to CFR parts
60, 61, 63, or 65 can choose to comply with the alternative work
practice requirements in paragraph (i) of this section instead of using
the 40 CFR part 60, Appendix A-7, Method 21 monitor to identify leaking
equipment. The owner or operator must document the equipment, process
units, and facilities for which the alternative work practice will be
used to identify leaks.
    (2) Any leak detected when following the leak survey procedure in
paragraph (i)(3) of this section must be identified for repair as
required in the applicable subpart.
    (3) If the alternative work practice is used to identify leaks, re-
screening after an attempted repair of leaking equipment must be
conducted using either the alternative work practice or the 40 CFR part
60, Appendix A-7, Method 21 monitor at the leak definition required in
the applicable subpart to which the equipment is subject.
    (4) The schedule for repair is as required in the applicable
subpart.
    (5) When this alternative work practice is used for detecting
leaking equipment, choose one of the monitoring frequencies listed in
Table 1 to subpart A of this part in lieu of the monitoring frequency
specified for regulated equipment in the applicable subpart. Reduced
monitoring frequencies for good performance are not applicable when
using the alternative work practice.

[[Page 78210]]

    (6) When this alternative work practice is used for detecting
leaking equipment the following are not applicable for the equipment
being monitored:
    (i) Skip period leak detection and repair;
    (ii) Quality improvement plans; or
    (iii) Complying with standards for allowable percentage of valves
and pumps to leak.
    (7) When the alternative work practice is used to detect leaking
equipment, the regulated equipment in paragraph (h)(1)(i) of this
section must also be monitored annually using a 40 CFR part 60,
Appendix A-7, Method 21 monitor at the leak definition required in the
applicable subpart. The owner or operator may choose the specific
monitoring period (for example, first quarter) to conduct the annual
monitoring. Subsequent monitoring must be conducted every 12 months
from the initial period. Owners or operators must keep records of the
annual Method 21 screening results, as specified in paragraph
(i)(4)(vii) of this section.
    (i) An owner or operator of an affected source who chooses to use
the alternative work practice must comply with the requirements of
paragraphs (i)(1) through (i)(5) of this section.
    (1) Instrument Specifications. The optical gas imaging instrument
must comply with the requirements in (i)(1)(i) and (i)(1)(ii) of this
section.
    (i) Provide the operator with an image of the potential leak points
for each piece of equipment at both the detection sensitivity level and
within the distance used in the daily instrument check described in
paragraph (i)(2) of this section. The detection sensitivity level
depends upon the frequency at which leak monitoring is to be performed.
    (ii) Provide a date and time stamp for video records of every
monitoring event.
    (2) Daily Instrument Check. On a daily basis, and prior to
beginning any leak monitoring work, test the optical gas imaging
instrument at the mass flow rate determined in paragraph (i)(2)(i) of
this section in accordance with the procedure specified in paragraphs
(i)(2)(ii) through (i)(2)(iv) of this section for each camera
configuration used during monitoring (for example, different lenses
used), unless an alternative method to demonstrate daily instrument
checks has been approved in accordance with paragraph (i)(2)(v) of this
section.
    (i) Calculate the mass flow rate to be used in the daily instrument
check by following the procedures in paragraphs (i)(2)(i)(A) and
(i)(2)(i)(B) of this section.
    (A) For a specified population of equipment to be imaged by the
instrument, determine the piece of equipment in contact with the lowest
mass fraction of chemicals that are detectable, within the distance to
be used in paragraph (i)(2)(iv)(B) of this section, at or below the
standard detection sensitivity level.
    (B) Multiply the standard detection sensitivity level,
corresponding to the selected monitoring frequency in Table 1 of
subpart A of this part, by the mass fraction of detectable chemicals
from the stream identified in paragraph (i)(2)(i)(A) of this section to
determine the mass flow rate to be used in the daily instrument check,
using the following equation.
[GRAPHIC] [TIFF OMITTED] TR22DE08.007

Where:

Edic = Mass flow rate for the daily instrument check,
grams per hour
xi = Mass fraction of detectable chemical(s) i seen by
the optical gas imaging instrument, within the distance to be used
in paragraph (i)(2)(iv)(B) of this section, at or below the standard
detection sensitivity level, Esds.
Esds = Standard detection sensitivity level from Table 1
to subpart A, grams per hour
k = Total number of detectable chemicals emitted from the leaking
equipment and seen by the optical gas imaging instrument.

    (ii) Start the optical gas imaging instrument according to the
manufacturer's instructions, ensuring that all appropriate settings
conform to the manufacturer's instructions.
    (iii) Use any gas chosen by the user that can be viewed by the
optical gas imaging instrument and that has a purity of no less than 98
percent.
    (iv) Establish a mass flow rate by using the following procedures:
    (A) Provide a source of gas where it will be in the field of view
of the optical gas imaging instrument.
    (B) Set up the optical gas imaging instrument at a recorded
distance from the outlet or leak orifice of the flow meter that will
not be exceeded in the actual performance of the leak survey. Do not
exceed the operating parameters of the flow meter.
    (C) Open the valve on the flow meter to set a flow rate that will
create a mass emission rate equal to the mass rate specified in
paragraph (i)(2)(i) of this section while observing the gas flow
through the optical gas imaging instrument viewfinder. When an image of
the gas emission is seen through the viewfinder at the required
emission rate, make a record of the reading on the flow meter.
    (v) Repeat the procedures specified in paragraphs (i)(2)(ii)
through (i)(2)(iv) of this section for each configuration of the
optical gas imaging instrument used during the leak survey.
    (vi) To use an alternative method to demonstrate daily instrument
checks, apply to the Administrator for approval of the alternative
under Sec.  60.13(i).
    (3) Leak Survey Procedure. Operate the optical gas imaging
instrument to image every regulated piece of equipment selected for
this work practice in accordance with the instrument manufacturer's
operating parameters. All emissions imaged by the optical gas imaging
instrument are considered to be leaks and are subject to repair. All
emissions visible to the naked eye are also considered to be leaks and
are subject to repair.
    (4) Recordkeeping. You must keep the records described in
paragraphs (i)(4)(i) through (i)(4)(vii) of this section:
    (i) The equipment, processes, and facilities for which the owner or
operator chooses to use the alternative work practice.
    (ii) The detection sensitivity level selected from Table 1 to
subpart A of this part for the optical gas imaging instrument.
    (iii) The analysis to determine the piece of equipment in contact
with the lowest mass fraction of chemicals that are detectable, as
specified in paragraph (i)(2)(i)(A) of this section.
    (iv) The technical basis for the mass fraction of detectable
chemicals used in the equation in paragraph (i)(2)(i)(B) of this
section.
    (v) The daily instrument check. Record the distance, per paragraph
(i)(2)(iv)(B) of this section, and the flow meter reading, per
paragraph (i)(2)(iv)(C) of this section, at which the leak was imaged.
Keep a video record of the daily instrument check for each
configuration of the optical gas imaging instrument used during the
leak survey (for example, the daily instrument check must be conducted
for each lens used). The video record must include a time and date
stamp for each daily instrument check. The video record must be kept
for 5 years.
    (vi) Recordkeeping requirements in the applicable subpart. A video
record must be used to document the leak survey results. The video
record must include a time and date stamp for each monitoring event. A
video record can be used to meet the recordkeeping requirements of the
applicable subparts if each piece of regulated equipment selected for
this work practice can be

[[Page 78211]]

identified in the video record. The video record must be kept for 5
years.
    (vii) The results of the annual Method 21 screening required in
paragraph (h)(7) of this section. Records must be kept for all
regulated equipment specified in paragraph (h)(1) of this section.
Records must identify the equipment screened, the screening value
measured by Method 21, the time and date of the screening, and
calibration information required in the existing applicable subpart.
    (5) Reporting. Submit the reports required in the applicable
subpart. Submit the records of the annual Method 21 screening required
in paragraph (h)(7) of this section to the Administrator via e-mail to
CCG-AWP@EPA.GOV.
    3. Subpart A is amended by adding Table 1 to subpart A to read as
follows:

 Table 1 to Subpart A to Part 60-Detection Sensitivity Levels (grams per
                                  hour)
------------------------------------------------------------------------
                                                             Detection
          Monitoring frequency per subpart \a\              sensitivity
                                                               level
------------------------------------------------------------------------
Bi-Monthly..............................................              60
Semi-Quarterly..........................................              85
Monthly.................................................            100
------------------------------------------------------------------------
\a\ When this alternative work practice is used to identify leaking
  equipment, the owner or operator must choose one of the monitoring
  frequencies listed in this table in lieu of the monitoring frequency
  specified in the applicable subpart. Bi-monthly means every other
  month. Semi-quarterly means twice per quarter. Monthly means once per
  month.

PART 63--[AMENDED]

0
4. The authority citation for part 63 continues to read as follows:

    Authority: 42 U.S.C., 7401, et seq.

Subpart A--[Amended]

0
5. Section 63.11 is amended:
0
a. By revising the section heading;
0
b. By revising paragraph (a); and
0
c. By adding paragraphs (c), (d), and (e) to read as follows:


Sec.  63.11  Control device and work practice requirements.

    (a) Applicability. (1) The applicability of this section is set out
in Sec.  63.1(a)(4).
    (2) This section contains requirements for control devices used to
comply with applicable subparts of this part. The requirements are
placed here for administrative convenience and apply only to facilities
covered by subparts referring to this section.
    (3) This section also contains requirements for an alternative work
practice used to identify leaking equipment. This alternative work
practice is placed here for administrative convenience and is available
to all subparts in 40 CFR parts 60, 61, 63, and 65 that require
monitoring of equipment with a 40 CFR part 60, Appendix A-7, Method 21
monitor.
* * * * *
    (c) Alternative Work Practice for Monitoring Equipment for Leaks.
Paragraphs (c), (d), and (e) of this section apply to all equipment for
which the applicable subpart requires monitoring with a 40 CFR part 60,
Appendix A-7, Method 21 monitor, except for closed vent systems,
equipment designated as leakless, and equipment identified in the
applicable subpart as having no detectable emissions, as indicated by
an instrument reading of less than 500 ppm above background. An owner
or operator may use an optical gas imaging instrument instead of a 40
CFR part 60, Appendix A-7, Method 21 monitor. Requirements in the
existing subparts that are specific to the Method 21 instrument do not
apply under this section. All other requirements in the applicable
subpart that are not addressed in paragraphs (c), (d), and (e) of this
section continue to apply. For example, equipment specification
requirements, and non-Method 21 instrument recordkeeping and reporting
requirements in the applicable subpart continue to apply. The terms
defined in paragraphs (c)(1) through (5) of this section have meanings
that are specific to the alternative work practice standard in
paragraphs (c), (d), and (e) of this section.
    (1) Applicable subpart means the subpart in 40 CFR parts 60, 61,
63, and 65 that requires monitoring of equipment with a 40 CFR part 60,
Appendix A-7, Method 21 monitor.
    (2) Equipment means pumps, valves, pressure relief valves,
compressors, open-ended lines, flanges, connectors, and other equipment
covered by the applicable subpart that require monitoring with a 40 CFR
part 60, Appendix A-7, Method 21 monitor.
    (3) Imaging means making visible emissions that may otherwise be
invisible to the naked eye.
    (4) Optical gas imaging instrument means an instrument that makes
visible emissions that may otherwise be invisible to the naked eye.
    (5) Repair means that equipment is adjusted, or otherwise altered,
in order to eliminate a leak.
    (6) Leak means:
    (i) Any emissions imaged by the optical gas instrument;
    (ii) Indications of liquids dripping;
    (iii) Indications by a sensor that a seal or barrier fluid system
has failed; or
    (iv) Screening results using a 40 CFR part 60, Appendix A-7, Method
21 monitor that exceed the leak definition in the applicable subpart to
which the equipment is subject.
    (d) The alternative work practice standard for monitoring equipment
for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and
65 that require monitoring of equipment with a 40 CFR part 60, Appendix
A-7, Method 21 monitor.
    (1) An owner or operator of an affected source subject to 40 CFR
parts 60, 61, 63, or 65 can choose to comply with the alternative work
practice requirements in paragraph (e) of this section instead of using
the 40 CFR part 60, Appendix A-7, Method 21 monitor to identify leaking
equipment. The owner or operator must document the equipment, process
units, and facilities for which the alternative work practice will be
used to identify leaks.
    (2) Any leak detected when following the leak survey procedure in
paragraph (e)(3) of this section must be identified for repair as
required in the applicable subpart.
    (3) If the alternative work practice is used to identify leaks, re-
screening after an attempted repair of leaking equipment must be
conducted using either the alternative work practice or the 40 CFR part
60, Appendix A-7, Method 21 monitor at the leak definition required in
the applicable subparts to which the equipment is subject.
    (4) The schedule for repair is as required in the applicable
subpart.
    (5) When this alternative work practice is used for detecting
leaking equipment, choose one of the monitoring frequencies listed in
Table 1 to subpart A of this part in lieu of the monitoring frequency
specified for regulated equipment in the applicable subpart. Reduced
monitoring frequencies for good performance are not applicable when
using the alternative work practice.
    (6) When this alternative work practice is used for detecting
leaking equipment, the following are not applicable for the equipment
being monitored:
    (i) Skip period leak detection and repair;
    (ii) Quality improvement plans; or
    (iii) Complying with standards for allowable percentage of valves
and pumps to leak.
    (7) When the alternative work practice is used to detect leaking
equipment, the regulated equipment in paragraph (d)(1)(i) of this
section must also be

[[Page 78212]]

monitored annually using a 40 CFR part 60, Appendix A-7, Method 21
monitor at the leak definition required in the applicable subpart. The
owner or operator may choose the specific monitoring period (for
example, first quarter) to conduct the annual monitoring. Subsequent
monitoring must be conducted every 12 months from the initial period.
Owners or operators must keep records of the annual Method 21 screening
results, as specified in paragraph (i)(4)(vii) of this section.
    (e) An owner or operator of an affected source who chooses to use
the alternative work practice must comply with the requirements of
paragraphs (e)(1) through (e)(5) of this section.
    (1) Instrument Specifications. The optical gas imaging instrument
must comply with the requirements specified in paragraphs (e)(1)(i) and
(e)(1)(ii) of this section.
    (i) Provide the operator with an image of the potential leak points
for each piece of equipment at both the detection sensitivity level and
within the distance used in the daily instrument check described in
paragraph (e)(2) of this section. The detection sensitivity level
depends upon the frequency at which leak monitoring is to be performed.
    (ii) Provide a date and time stamp for video records of every
monitoring event.
    (2) Daily Instrument Check. On a daily basis, and prior to
beginning any leak monitoring work, test the optical gas imaging
instrument at the mass flow rate determined in paragraph (e)(2)(i) of
this section in accordance with the procedure specified in paragraphs
(e)(2)(ii) through (e)(2)(iv) of this section for each camera
configuration used during monitoring (for example, different lenses
used), unless an alternative method to demonstrate daily instrument
checks has been approved in accordance with paragraph (e)(2)(v) of this
section.
    (i) Calculate the mass flow rate to be used in the daily instrument
check by following the procedures in paragraphs (e)(2)(i)(A) and
(e)(2)(i)(B) of this section.
    (A) For a specified population of equipment to be imaged by the
instrument, determine the piece of equipment in contact with the lowest
mass fraction of chemicals that are detectable, within the distance to
be used in paragraph (e)(2)(iv)(B) of this section, at or below the
standard detection sensitivity level.
    (B) Multiply the standard detection sensitivity level,
corresponding to the selected monitoring frequency in Table 1 of
subpart A of this part, by the mass fraction of detectable chemicals
from the stream identified in paragraph (e)(2)(i)(A) of this section to
determine the mass flow rate to be used in the daily instrument check,
using the following equation.
[GRAPHIC] [TIFF OMITTED] TR22DE08.008

Where:

Edic = Mass flow rate for the daily instrument check,
grams per hour
xi = Mass fraction of detectable chemical(s) i seen by
the optical gas imaging instrument, within the distance to be used
in paragraph (e)(2)(iv)(B) of this section, at or below the standard
detection sensitivity level, Esds.
Esds = Standard detection sensitivity level from Table 1
to subpart A, grams per hour
k = Total number of detectable chemicals emitted from the leaking
equipment and seen by the optical gas imaging instrument.

    (ii) Start the optical gas imaging instrument according to the
manufacturer's instructions, ensuring that all appropriate settings
conform to the manufacturer's instructions.
    (iii) Use any gas chosen by the user that can be viewed by the
optical gas imaging instrument and that has a purity of no less than 98
percent.
    (iv) Establish a mass flow rate by using the following procedures:
    (A) Provide a source of gas where it will be in the field of view
of the optical gas imaging instrument.
    (B) Set up the optical gas imaging instrument at a recorded
distance from the outlet or leak orifice of the flow meter that will
not be exceeded in the actual performance of the leak survey. Do not
exceed the operating parameters of the flow meter.
    (C) Open the valve on the flow meter to set a flow rate that will
create a mass emission rate equal to the mass rate calculated in
paragraph (e)(2)(i) of this section while observing the gas flow
through the optical gas imaging instrument viewfinder. When an image of
the gas emission is seen through the viewfinder at the required
emission rate, make a record of the reading on the flow meter.
    (v) Repeat the procedures specified in paragraphs (e)(2)(ii)
through (e)(2)(iv) of this section for each configuration of the
optical gas imaging instrument used during the leak survey.
    (vi) To use an alternative method to demonstrate daily instrument
checks, apply to the Administrator for approval of the alternative
under Sec.  63.177 or Sec.  63.178, whichever is applicable.
    (3) Leak Survey Procedure. Operate the optical gas imaging
instrument to image every regulated piece of equipment selected for
this work practice in accordance with the instrument manufacturer's
operating parameters. All emissions imaged by the optical gas imaging
instrument are considered to be leaks and are subject to repair. All
emissions visible to the naked eye are also considered to be leaks and
are subject to repair.
    (4) Recordkeeping. Keep the records described in paragraphs
(e)(4)(i) through (e)(4)(vii) of this section:
    (i) The equipment, processes, and facilities for which the owner or
operator chooses to use the alternative work practice.
    (ii) The detection sensitivity level selected from Table 1 to
subpart A of this part for the optical gas imaging instrument.
    (iii) The analysis to determine the piece of equipment in contact
with the lowest mass fraction of chemicals that are detectable, as
specified in paragraph (e)(2)(i)(A) of this section.
    (iv) The technical basis for the mass fraction of detectable
chemicals used in the equation in paragraph (e)(2)(i)(B) of this
section.
    (v) The daily instrument check. Record the distance, per paragraph
(e)(2)(iv)(B) of this section, and the flow meter reading, per
paragraph (e)(2)(iv)(C) of this section, at which the leak was imaged.
Keep a video record of the daily instrument check for each
configuration of the optical gas imaging instrument used during the
leak survey (for example, the daily instrument check must be conducted
for each lens used). The video record must include a time and date
stamp for each daily instrument check. The video record must be kept
for 5 years.
    (vi) Recordkeeping requirements in the applicable subpart. A video
record must be used to document the leak survey results. The video
record must include a time and date stamp for each monitoring event. A
video record can be used to meet the recordkeeping requirements of the
applicable subparts if each piece of regulated equipment selected for
this work practice can be identified in the video record. The video
record must be kept for 5 years.
    (vii) The results of the annual Method 21 screening required in
paragraph (h)(7) of this section. Records must be kept for all
regulated equipment specified in paragraph (h)(1) of this section.
Records must identify the equipment screened, the screening value
measured by Method 21, the time and date of the screening, and
calibration information required in the existing applicable subparts.
    (5) Reporting. Submit the reports required in the applicable
subpart.

[[Page 78213]]

Submit the records of the annual Method 21 screening required in
paragraph (h)(7) of this section to the Administrator via e-mail to
CCG-AWP@EPA.GOV.
0
6. Subpart A is amended by adding Table 1 to subpart A to read as
follows:

Table 1 to Subpart A of Part 63--Detection Sensitivity Levels (grams per
                                  hour)
------------------------------------------------------------------------
                                                             Detection
          Monitoring frequency per subpart \a\              sensitivity
                                                               level
------------------------------------------------------------------------
Bi-Monthly..............................................              60
Semi-Quarterly..........................................              85
Monthly.................................................            100
------------------------------------------------------------------------
\a\ When this alternative work practice is used to identify leaking
  equipment, the owner or operator must choose one of the monitoring
  frequencies listed in this table, in lieu of the monitoring frequency
  specified in the applicable subpart. Bi-monthly means every other
  month. Semi-quarterly means twice per quarter. Monthly means once per
  month.

Subpart G--[Amended]

0
7. Table 1A to subpart G is amended by adding a new entry in numerical
order for ``Sec.  63.11 (c), (d), and (e)'' to read as follows:

   Table 1A to Subpart G of Part 63--Applicable 40 CFR Part 63 General
                               Provisions
------------------------------------------------------------------------

-------------------------------------------------------------------------
40 CFR part 63, subpart A, provisions applicable to subpart G

                              * * * * * * *
Sec.   63.11 (c), (d), and (e)

                              * * * * * * *
------------------------------------------------------------------------

Subpart H--[Amended]

0
8. Table 4 to subpart H is amended by adding a new entry in numerical
order for ``Sec.  63.11 (c), (d), and (e)'' to read as follows:

   Table 4 to Subpart H of Part 63--Applicable 40 CFR Part 63 General
                               Provisions
------------------------------------------------------------------------

-------------------------------------------------------------------------
40 CFR part 63, subpart H, provisions applicable to subpart H

                              * * * * * * *
Sec.   63.11 (c), (d), and (e)

                              * * * * * * *
------------------------------------------------------------------------

Subpart R--[Amended]

0
9. Table 1 to subpart R is amended by adding a new entry in numerical
order for ``Sec.  63.11 (c), (d), and (e)'' to read as follows:

                 Table 1 to Subpart R of Part 63--General Provisions Applicability to Subpart R
----------------------------------------------------------------------------------------------------------------
              Reference                          Applies to subpart R                        Comment
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11 (c), (d), and (e)......  Yes......................................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart U--[Amended]

0
10. Table 1 to subpart U is amended by revising the entry for ``Sec.
63.11'' to read as follows:

[[Page 78214]]



       Table 1 to Subpart U of Part 63--Applicability of General Provisions to Subpart U Affected Sources
----------------------------------------------------------------------------------------------------------------
                Reference                     Applies to subpart U                    Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11............................  Yes........................  Sec.   63.11(b) specifies requirements
                                                                        for flares used to comply with
                                                                        provisions of this subpart. Sec.
                                                                        63.504(c) contains the requirements to
                                                                        conduct compliance demonstrations for
                                                                        flares subject to this subpart. Sec.
                                                                        63.11(c), (d), and (e) specifies
                                                                        requirements for an alternative work
                                                                        practice for equipment leaks.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart HH--[Amended]

0
11. Table 2 to subpart HH is amended by adding a new entry in numerical
order for ``Sec.  63.11 (c), (d), and (e)'' to read as follows:

       Table 2 to Subpart HH of Part 63--Applicability of 40 CFR Part 63 General Provisions to Subpart HH
----------------------------------------------------------------------------------------------------------------
    General provisions reference               Applicable to subpart HH                    Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11(c), (d), and (e).......  Yes......................................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart GGG--[Amended]

0
12. Table 1 to subpart GGG is amended by revising the entry for ``Sec.
63.11'' to read as follows:

               Table 1 to Subpart GGG of Part 63--General Provisions Applicability to Subpart GGG
----------------------------------------------------------------------------------------------------------------
  General provisions reference   Summary of requirements    Applies to subpart GGG             Comments
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11...................  Control device and       Yes.......................
                                  equipment leak work
                                  practice requirements.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart HHH--[Amended]

0
13. Table 2 to the appendix to subpart HHH is amended by adding a new
entry in numerical order for ``Sec.  63.11 (c), (d), and (e)'' to read
as follows:

 Appendix: Table 2 to Subpart HHH of Part 63--Applicability of 40 CFR Part 63 General Provisions to Subpart HHH
----------------------------------------------------------------------------------------------------------------
    General provisions reference              Applicable to subpart HHH                    Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11(c), (d), and (e).......  Yes......................................

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart JJJ--[Amended]

0
14. Table 1 to subpart JJJ is amended by revising the entry for ``Sec.
63.11'' to read as follows:

[[Page 78215]]



     Table 1 to Subpart JJJ of Part 63--Applicability of General Provisions to Subpart JJJ Affected Sources
----------------------------------------------------------------------------------------------------------------
                Reference                    Applies to Subpart JJJ                   Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11............................  Yes........................  Sec.   63.11(b) specifies requirements
                                                                        for flares used to comply with
                                                                        provisions of this subpart. Sec.
                                                                        63.1333(e) contains the requirements to
                                                                        conduct compliance demonstrations for
                                                                        flares subject to this subpart. Sec.
                                                                        63.11(c), (d), and (e) specifies
                                                                        requirements for an alternative work
                                                                        practice for equipment leaks.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart VVV--[Amended]

0
15. Table 1 to subpart VVV is amended by adding a new entry in
numerical order for ``63.11 (c), (d), and (e)'', and by revising the
entry for ``Sec.  63.11'' to read as follows:

      Table 1 to Subpart VVV of Part 63--Applicability of 40 CFR Part 63 General Provisions to Subpart VVV
----------------------------------------------------------------------------------------------------------------
      General provisions reference         Applicable to subpart VVV                  Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11............................  Yes........................  Control device and equipment leak work
                                                                        practice requirements.

                                                  * * * * * * *
Sec.   63.11(c), (d) and (e)............  Yes........................  Alternative work practice for equipment
                                                                        leaks.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart EEEE--[Amended]

0
16. Table 12 to subpart EEEE is amended by adding a new entry in
numerical order for ``Sec.  63.11 (c), (d), and (e)'' to read as
follows:

             Table 12 to Subpart EEEE of Part 63-Applicability of General Provisions to Subpart EEEE
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             Citation                      Subject           Brief description        Applies to subpart EEEE
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11(c), (d), and (e).....  Control and work       Alternative work       Yes.
                                     practice               practice for
                                     requirements.          equipment leaks.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


[[Page 78216]]

Subpart FFFF--[Amended]

0
17. Table 12 to subpart FFFF is amended by revising the entry for
``Sec.  63.11'' to read as follows:


             Table 12 to Subpart FFFF of Part 63-Applicability of General Provisions to Subpart FFFF
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                Citation                               Subject                           Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11............................  Control device requirements for   Yes.
                                           flares and work practice
                                           requirements for equipment
                                           leaks.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart UUUU--[Amended]

0
18. Table 10 to subpart UUUU is amended by revising the entry for
``Sec.  63.11'' to read as follows:

             Table 10 to Subpart UUUU of Part 63-Applicability of General Provisions to Subpart UUUU
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             Citation                      Subject           Brief description        Applies to Subpart UUUU
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11......................  Control and work       Requirements for       Yes.
                                     practice               flares and
                                     requirements.          alternative work
                                                            practice for
                                                            equipment leaks.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart GGGGG--[Amended]

0
19. Table 3 to subpart GGGGG is amended by revising the entry for
``Sec.  63.11'' to read as follows:

            Table 3 to Subpart GGGGG of Part 63--Applicability of General Provisions to Subpart GGGGG
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
             Citation                      Subject           Brief description       Applies to subpart GGGGG
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11......................  Control and work       Requirements for       Yes
                                     practice               flares and
                                     requirements.          alternative work
                                                            practice for
                                                            equipment leaks.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Subpart HHHHH--[Amended]

0
20. Table 10 to subpart HHHHH is amended by revising the entry for
``Sec.  63.11'' to read as follows:

[[Page 78217]]



           Table 10 to Subpart HHHHH of Part 63--Applicability of General Provisions to Subpart HHHHH
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
                Citation                               Subject                           Explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Sec.   63.11............................  Control and work practice         Yes
                                           requirements.

                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

PART 65--[Amended]

0
21. The authority citation for part 65 continues to read as follows:

    Authority: 42 U.S.C., 7401, et seq.

Subpart A--[Amended]

0
22. Section 65.7 is amended:
0
a. By revising the section heading;
0
b. By adding a new sentence to the end of paragraph (b); and
0
c. By adding paragraphs (e), (f), and (g) to read as follows:


Sec.  65.7  Monitoring, recordkeeping, and reporting waivers and
alternatives, and alternative work practice for equipment leaks.

* * * * *
    (b) * * * Owners and operators are also provided the option of
complying with an alternative work practice for monitoring leaking
equipment in Sec.  65.7 (e), (f), and (g) rather than monitoring
equipment with a 40 CFR part 60, Appendix A-7, Method 21 monitor.
* * * * *
    (e) Alternative work practice for monitoring equipment for leaks.
This section contains requirements for an alternative work practice
used to identify leaking equipment. This alternative work practice is
placed here for administrative convenience and is available to all
subparts in 40 CFR parts 60, 61, 63, and 65 that require monitoring of
equipment with a 40 CFR part 60, Appendix A-7, Method 21 monitor.
Paragraphs (e), (f), and (g) of this section apply to all equipment for
which the applicable subpart requires monitoring with a 40 CFR part 60,
Appendix A-7, Method 21 monitor, except for closed vent systems,
equipment designated as leakless, and equipment identified in the
applicable subpart as having no detectable emissions, as indicated by
an instrument reading of less than 500 ppm above background. An owner
or operator may use an optical gas imaging instrument instead of a 40
CFR part 60, Appendix A-7, Method 21 monitor. Requirements in the
existing subparts that are specific to the Method 21 instrument do not
apply under this section. All other requirements in the applicable
subpart that are not addressed in paragraphs (e), (f), and (g) of this
section continue to apply. For example, equipment specification
requirements, and non-Method 21 instrument recordkeeping and reporting
requirements in the applicable subpart continue to apply. The terms
defined in paragraphs (e)(1) through (5) of this section have meanings
that are specific to the alternative work practice standard in
paragraphs (e), (f), and (g) of this section.
    (1) Applicable subpart means the subpart in 40 CFR parts 60, 61,
63, and 65 that requires monitoring of each piece of equipment with a
40 CFR part 60, Appendix A-7, Method 21 monitor.
    (2) Equipment means pumps, valves, pressure relief valves,
compressors, open-ended lines, flanges, connectors, and other equipment
covered by the applicable subpart that require monitoring with a 40 CFR
part 60, Appendix A-7, Method 21 monitor.
    (3) Imaging means making visible emissions that may otherwise be
invisible to the naked eye.
    (4) Optical gas imaging instrument means an instrument that makes
visible emissions that may otherwise be invisible to the naked eye.
    (5) Repair means that equipment is adjusted, or otherwise altered,
in order to eliminate a leak.
    (6) Leak means:
    (i) Any emissions imaged by the optical gas instrument;
    (ii) Indications of liquids dripping;
    (iii) Indications by a sensor that a seal or barrier fluid system
has failed; or
    (iv) Screening results using a 40 CFR part 60, Appendix A-7, Method
21 monitor that exceed the leak definition in the applicable subpart to
which the equipment is subject.
    (f) The alternative work practice standard for monitoring equipment
for leaks is available to all subparts in 40 CFR parts 60, 61, 63, and
65 that require monitoring of equipment with a 40 CFR part 60, Appendix
A-7, Method 21 monitor.
    (1) An owner or operator of an affected source subject to 40 CFR
parts 60, 61, 63, or 65 can choose to comply with the alternative work
practice requirements in paragraph (g) of this section instead of using
the 40 CFR part 60, Appendix A-7, Method 21 monitor to identify leaking
equipment. The owner or operator must document the equipment, process
units, and facilities for which the alternative work practice will be
used to identify leaks.
    (2) Any leak detected when following the leak survey procedure in
paragraph (g)(3) of this section must be identified for repair as
required in the applicable subpart.
    (3) If the alternative work practice is used to identify leaks, re-
screening after an attempted repair of leaking equipment must be
conducted using either the alternative work practice or the 40 CFR part
60, Appendix A-7, Method 21 monitor at the leak definition required in
the applicable subparts to which the equipment is subject.
    (4) The schedule for repair is as required in the applicable
subpart.
    (5) When this alternative work practice is used for detecting
leaking equipment, choose one of the monitoring frequencies listed in
Table 3 to subpart A of this part, in lieu of the monitoring frequency
specified for regulated equipment in the applicable subpart. Reduced
monitoring frequencies for good performance are not applicable when
using the alternative work practice.
    (6) When this alternative work practice is used for detecting
leaking equipment, the following are not applicable for the equipment
being monitored:
    (i) Skip period leak detection and repair;
    (ii) Quality improvement plans; or
    (iii) Complying with standards for allowable percentage of valves
and pumps to leak.
    (7) When the alternative work practice is used to detect leaking
equipment, the regulated equipment in paragraph (f)(1)(i) of this
section must also be monitored annually using a 40 CFR part 60,
Appendix A-7, Method 21 monitor at the leak definition required in the
applicable subpart. The owner or operator may choose the specific

[[Page 78218]]

monitoring period (for example, first quarter) to conduct the annual
monitoring. Subsequent monitoring must be conducted every 12 months
from the initial period. Owners or operators must keep records of the
annual Method 21 screening results, as specified in paragraph
(i)(4)(vii) of this section.
    (g) An owner or operator of an affected source who chooses to use
the alternative work practice must comply with the requirements of
paragraphs (g)(1) through (g)(5) of this section.
    (1) Instrument Specifications. The optical gas imaging instrument
must comply with the requirements specified in paragraphs (g)(1)(i) and
(g)(1)(ii) of this section.
    (i) Provide the operator with an image of the potential leak points
for each piece of equipment at both the detection sensitivity level and
within the distance used in the daily instrument check described in
paragraph (g)(2) of this section. The detection sensitivity level
depends upon the frequency at which leak monitoring is to be performed.
    (ii) Provide a date and time stamp for video records of every
monitoring event.
    (2) Daily instrument check. On a daily basis, and prior to
beginning any leak monitoring work, test the optical gas imaging
instrument at the mass flow rate determined in paragraph (g)(2)(i) of
this section in accordance with the procedure specified in paragraphs
(g)(2)(ii) through (g)(2)(iv) of this section for each camera
configuration used during monitoring (for example, different lenses
used), unless an alternative method to demonstrate daily instrument
checks has been approved in accordance with paragraph (g)(2)(v) of this
section.
    (i) Calculate the mass flow rate to be used in the daily instrument
check by following the procedures in paragraphs (g)(2)(i)(A) and
(g)(2)(i)(B) of this section.
    (A) For a specified population of equipment to be imaged by the
instrument, determine the piece of equipment in contact with the lowest
mass fraction of chemicals that are detectable, within the distance to
be used in paragraph (g)(2)(iv)(B) of this section, at or below the
standard detection sensitivity level.
    (B) Multiply the standard detection sensitivity level,
corresponding to the selected monitoring frequency in Table 3 of
subpart A of this part, by the mass fraction of detectable chemicals
from the stream identified in paragraph (g)(2)(i)(A) of this section to
determine the mass flow rate to be used in the daily instrument check,
using the following equation.
[GRAPHIC] [TIFF OMITTED] TR22DE08.009


Where:

Edic = Mass flow rate for the daily instrument check,
grams per hour
xi= Mass fraction of detectable chemical(s) i seen by the
optical gas imaging instrument, within the distance to be used in
paragraph (g)(2)(iv)(B) of this section, at or below the standard
detection sensitivity level, Esds.
Esds = Standard detection sensitivity level from Table 3
to subpart A, grams per hour
k = Total number of detectable chemicals emitted from the leaking
equipment and seen by the optical gas imaging instrument.

    (ii) Start the optical gas imaging instrument according to the
manufacturer's instructions, ensuring that all appropriate settings
conform to the manufacturer's instructions.
    (iii) Use any gas chosen by the user that can be viewed by the
optical gas imaging instrument and that has a purity of no less than 98
percent.
    (iv) Establish a mass flow rate by using the following procedures:
    (A) Provide a source of gas where it will be in the field of view
of the optical gas imaging instrument.
    (B) Set up the optical gas imaging instrument at a recorded
distance from the outlet or leak orifice of the flow meter that will
not be exceeded in the actual performance of the leak survey. Do not
exceed the operating parameters of the flow meter.
    (C) Open the valve on the flow meter to set a flow rate that will
create a mass emission rate equal to the mass rate calculated in
paragraph (g)(2)(i) of this section while observing the gas flow
through the optical gas imaging instrument viewfinder. When an image of
the gas emission is seen through the viewfinder at the required
emission rate, make a record of the reading on the flow meter.
    (v) Repeat the procedures specified in paragraphs (g)(2)(ii)
through (g)(2)(iv) of this section for each configuration of the
optical gas imaging instrument used during the leak survey.
    (vi) To use an alternative method to demonstrate daily instrument
checks, apply to the Administrator for approval of the alternative
under Sec.  65.7(b).
    (3) Leak survey procedure. Operate the optical gas imaging
instrument to image every regulated piece of equipment selected for
this work practice in accordance with the instrument manufacturer's
operating parameters. All emissions imaged by the optical gas imaging
instrument are considered to be leaks and are subject to repair. All
emissions visible to the naked eye are also considered to be leaks and
are subject to repair.
    (4) Recordkeeping. Keep the records described in paragraphs
(g)(4)(i) through (g)(4)(vii) of this section:
    (i) The equipment, processes, and facilities for which the owner or
operator chooses to use the alternative work practice.
    (ii) The detection sensitivity level selected from Table 3 to
subpart A of this part for the optical gas imaging instrument.
    (iii) The analysis to determine the piece of equipment in contact
with the lowest mass fraction of chemicals that are detectable, as
specified in paragraph (g)(2)(i)(A) of this section.
    (iv) The technical basis for the mass fraction of detectable
chemicals used in the equation in paragraph (g)(2)(i)(B) of this
section.
    (v) The daily instrument check. Record the distance, per paragraph
(g)(2)(iv)(B) of this section, and the flow meter reading, per
paragraph (g)(2)(iv)(C) of this section, at which the leak was imaged.
Keep a video record of the daily instrument check for each
configuration of the optical gas imaging instrument used during the
leak survey (for example, the daily instrument check must be conducted
for each lens used). The video record must include a time and date
stamp for each daily instrument check. The video record must be kept
for 5 years.
    (vi) Recordkeeping requirements in the applicable subpart. A video
record must be used to document the leak survey results. The video
record must include a time and date stamp for each monitoring event. A
video record can be used to meet the recordkeeping requirements of the
applicable subparts if each piece of regulated equipment selected for
this work practice can be identified in the video record. The video
record must be kept for 5 years.
    (vii) The results of the annual Method 21 screening required in
paragraph (f)(7) of this section. Records must be kept for all
regulated equipment specified in paragraph (f)(1) of this section.
Records must identify the equipment screened, the screening value
measured by Method 21, the time and date of the screening, and
calibration information required in the existing applicable subparts.
    (5) Reporting. Submit the reports required in the applicable
subpart. Submit the records of the annual Method 21 screening required
in paragraph (f)(7) of this section to the Administrator via e-mail to
CCG-AWP@EPA.GOV.

[[Page 78219]]

0
23. Subpart A is amended by adding Table 3 to subpart A of Part 65 to
read as follows:

Table 3 to Subpart A of Part 65--Detection Sensitivity Levels (grams per
                                  hour)
------------------------------------------------------------------------
                                                            Detection
         Monitoring Frequency per Subpart \a\              Sensitivity
                                                              Level
------------------------------------------------------------------------
Bi-Monthly............................................                60
Semi-Quarterly........................................                85
Monthly...............................................               100
------------------------------------------------------------------------
\a\ When this alternative work practice is used to identify leaking
  equipment, the owner or operator must choose one of the monitoring
  frequencies listed in this table, in lieu of the monitoring frequency
  specified in the applicable subpart. Bi-monthly means every other
  month. Semi-quarterly means twice per quarter. Monthly means once per
  month.

 [FR Doc. E8-30196 Filed 12-19-08; 8:45 am]

BILLING CODE 6560-50-P
