[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 1996 Edition]
[From the U.S. Government Printing Office]
40
Protection of Environment
[[Page i]]
PARTS 61 TO 71
Revised as of July 1, 1996
CONTAINING
A CODIFICATION OF DOCUMENTS
OF GENERAL APPLICABILITY
AND FUTURE EFFECT
AS OF JULY 1, 1996
With Ancillaries
Published by
the Office of the Federal Register
National Archives and Records
Administration
as a Special Edition of
the Federal Register
[[Page ii]]
U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON : 1996
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency (Continued).... 3
Finding Aids:
Material Approved for Incorporation by Reference.......... 1343
Table of CFR Titles and Chapters.......................... 1345
Alphabetical List of Agencies Appearing in the CFR........ 1361
Table of OMB Control Numbers.............................. 1371
List of CFR Sections Affected............................. 1391
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in this volume use title, part
and section number. Thus, 40 CFR 61.01 refers to title
40, part 61, section 01.
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[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, July 1, 1996), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
established by statute and allows Federal agencies to meet the
requirement to publish regulations in the Federal Register by referring
to materials already published elsewhere. For an incorporation to be
valid, the Director of the Federal Register must approve it. The legal
effect of incorporation by reference is that the material is treated as
if it were published in full in the Federal Register (5 U.S.C. 552(a)).
This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 523-4534.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
[[Page vii]]
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408.
SALES
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Customer Service call 202-512-1803.
Richard L. Claypoole,
Director,
Office of the Federal Register.
July 1, 1996.
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of eighteen volumes.
The parts in these volumes are arranged in the following order: parts 1-
51, part 52, parts 53-59, part 60, parts 61-71, parts 72-80, parts 81-
85, part 86, parts 87-135, parts 136-149, parts 150-189, parts 190-259,
parts 260-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
789 and part 790 to end. The contents of these volumes represent all
current regulations codified under this title of the CFR as of July 1,
1996.
Chapter I--Environmental Protection Agency appears in all eighteen
volumes. A Pesticide Tolerance Commodity/Chemical Index appears in parts
150-189. A Toxic Substances Chemical--CAS Number Index appears in parts
700-789 and part 790 to end. Redesignation Tables appear in the volumes
containing parts 1-51, parts 150-189, and parts 700-789. Regulations
issued by the Council on Environmental Quality appear in the volume
containing part 790 to end.
The OMB control numbers for title 40 appear in Sec. 9.1 of this
chapter. For the convenience of the user, Sec. 9.1 appears in the
Finding Aids section of the volumes containing parts 52 to the end.
For this volume, Ann Elise Maso was Chief Editor. The Code of
Federal Regulations publication program is under the direction of
Frances D. McDonald, assisted by Alomha S. Morris.
[[Page x]]
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 61-71)
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Part
chapter i--Environmental Protection Agency (Continued)...... 61
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
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SUBCHAPTER C--AIR PROGRAMS (CONTINUED)
Part Page
61 National emission standards for hazardous
air pollutants.......................... 5
62 Approval and promulgation of State plans for
designated facilities and pollutants.... 293
63 National emission standards for hazardous
air pollutants for source categories.... 329
66 Assessment and collection of noncompliance
penalties by EPA........................ 1192
67 EPA approval of State noncompliance penalty
program................................. 1206
68 Chemical accident prevention provisions..... 1212
69 Special exemptions from requirements of the
Clean Air Act........................... 1247
70 State operating permit programs............. 1249
71 Federal operating permit programs........... 1287
Editorial Note: Subchapter C--Air Programs is continued in the volumes
containing 40 CFR parts 72-85, 86, and 87-149.
[[Page 5]]
SUBCHAPTER C--AIR PROGRAMS (Continued)
PART 61--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS--Table of Contents
Subpart A--General Provisions
Sec.
61.01 Lists of pollutants and applicability of part 61.
61.02 Definitions.
61.03 Units and abbreviations.
61.04 Address.
61.05 Prohibited activities.
61.06 Determination of construction or modification.
61.07 Application for approval of construction or modification.
61.08 Approval of construction or modification.
61.09 Notification of startup.
61.10 Source reporting and waiver request.
61.11 Waiver of compliance.
61.12 Compliance with standards and maintenance requirements.
61.13 Emission tests and waiver of emission tests.
61.14 Monitoring requirements.
61.15 Modification.
61.16 Availability of information.
61.17 State authority.
61.18 Incorporations by reference.
61.19 Circumvention.
Subpart B--National Emission Standards for Radon Emissions From
Underground Uranium Mines
61.20 Designation of facilities.
61.21 Definitions
61.22 Standard.
61.23 Determining compliance.
61.24 Annual reporting requirements.
61.25 Recordkeeping requirements.
61.26 Exemption from the reporting and testing requirements of 40 CFR
61.10
Subpart C--National Emission Standard for Beryllium
61.30 Applicability.
61.31 Definitions.
61.32 Emission standard.
61.33 Stack sampling.
61.34 Air sampling.
Subpart D--National Emission Standard for Beryllium Rocket Motor Firing
61.40 Applicability.
61.41 Definitions.
61.42 Emission standard.
61.43 Emission testing--rocket firing or propellant disposal.
61.44 Stack sampling.
Subpart E--National Emission Standard for Mercury
61.50 Applicability.
61.51 Definitions.
61.52 Emission standard.
61.53 Stack sampling.
61.54 Sludge sampling.
61.55 Monitoring of emissions and operations.
61.56 Delegation of authority.
Subpart F--National Emission Standard for Vinyl Chloride
61.60 Applicability.
61.61 Definitions.
61.62 Emission standard for ethylene dichloride plants.
61.63 Emission standard for vinyl chloride plants.
61.64 Emission standard for polyvinyl chloride plants.
61.65 Emission standard for ethylene dichloride, vinyl chloride and
polyvinyl chloride plants.
61.66 Equivalent equipment and procedures.
61.67 Emission tests.
61.68 Emission monitoring.
61.69 Initial report.
61.70 Reporting.
61.71 Recordkeeping.
Subpart G--[Reserved]
Subpart H--National Emission Standards for Emissions of Radionuclides
Other Than Radon From Department of Energy Facilities
61.90 Designation of facilities.
61.91 Definitions.
61.92 Standard.
61.93 Emissions monitoring and test procedures.
61.94 Compliance and reporting.
61.95 Recordkeeping requirements.
61.96 Applications to construct or modify.
61.97 Exemption from the reporting and testing requirements of 40 CFR
61.10.
Subpart I--National Emission Standards for Radionuclide Emissions From
Facilities Licensed by the Nuclear Regulatory Commission and Federal
Facilities Not Covered by Subpart H
61.100 Applicability.
61.101 Definitions.
61.102 Standard.
61.103 Determining compliance.
[[Page 6]]
61.104 Reporting requirements.
61.105 Recordkeeping requirements.
61.106 Applications to construct or modify.
61.107 Emission determination.
61.108 Exemption from the reporting and testing requirements of 40 CFR
61.10.
Subpart J--National Emission Standard for Equipment Leaks (Fugitive
Emission Sources) of Benzene
61.110 Applicability and designation of sources.
61.111 Definitions.
61.112 Standards.
Subpart K--National Emission Standards for Radionuclide Emissions From
Elemental Phosphorus Plants
61.120 Applicability.
61.121 Definitions.
61.122 Emission standard.
61.123 Emission testing.
61.124 Recordkeeping requirements.
61.125 Test methods and procedures.
61.126 Monitoring of operations.
61.127 Exemption from the reporting and testing requirements of 40 CFR
61.10.
Subpart L--National Emission Standard for Benzene Emissions from Coke
By-Product Recovery Plants
61.130 Applicability, designation of sources, and delegation of
authority.
61.131 Definitions.
61.132 Standard: Process vessels, storage tanks, and tar-intercepting
sumps.
61.133 Standard: Light-oil sumps.
61.134 Standard: Naphthalene processing, final coolers, and final-
cooler cooling towers.
61.135 Standard: Equipment leaks.
61.136 Compliance provisions and alternative means of emission
limitation.
61.137 Test methods and procedures.
61.138 Recordkeeping and reporting requirements.
61.139 Provisions for alternative means for process vessels, storage
tanks, and tar-intercepting sumps.
Subpart M--National Emission Standard for Asbestos
61.140 Applicability.
61.141 Definitions.
61.142 Standard for asbestos mills.
61.143 Standard for roadways.
61.144 Standards for manufacturing.
61.145 Standard for demolition and renovation.
61.146 Standard for spraying.
61.147 Standard for fabricating.
61.148 Standard for insulating materials.
61.149 Standard for waste disposal for asbestos mills.
61.150 Standard for waste disposal for manufacturing, fabricating,
demolition, renovation, and spraying operations.
61.151 Standard for inactive waste disposal sites for asbestos mills
and manufacturing and fabricating operations.
61.152 Air-cleaning.
61.153 Reporting.
61.154 Standard for active waste disposal sites.
61.155 Standard for operations that convert asbestos-containing waste
material into nonasbestos (asbestos-free) material.
61.156 Cross-reference to other asbestos regulations.
61.157 Delegation of authority.
Appendix A to Subpart M--Interpretive Rule Governing Roof Removal
Operations
Subpart N--National Emission Standard for Inorganic Arsenic Emissions
From Glass Manufacturing Plants
61.160 Applicability and designation of source.
61.161 Definitions.
61.162 Emission limits.
61.163 Emission monitoring.
61.164 Test methods and procedures.
61.165 Reporting and recordkeeping requirements.
Subpart O--National Emission Standard for Inorganic Arsenic Emissions
From Primary Copper Smelters
61.170 Applicability and designation of source.
61.171 Definitions.
61.172 Standard for new and existing sources.
61.173 Compliance provisions.
61.174 Test methods and procedures.
61.175 Monitoring requirements.
61.176 Recordkeeping requirements.
61.177 Reporting requirements.
Subpart P--National Emission Standard for Inorganic Arsenic Emissions
From Arsenic Trioxide and Metallic Arsenic Production Facilities
61.180 Applicability and designation of sources.
61.181 Definitions.
61.182 Standard for new and existing sources.
61.183 Emission monitoring.
61.184 Ambient air monitoring for inorganic arsenic.
61.185 Recordkeeping requirements.
61.186 Reporting requirements.
[[Page 7]]
Subpart Q--National Emission Standards for Radon Emissions From
Department of Energy Facilities
61.190 Designation of facilities.
61.191 Definitions.
61.192 Standard.
61.193 Exemption from the reporting and testing requirements of 40 CFR
61.10.
Subpart R--National Emission Standards for Radon Emissions From
Phosphogypsum Stacks
61.200 Designation of facilities.
61.201 Definitions.
61.202 Standard.
61.203 Radon monitoring and compliance procedures.
61.204 Distribution and use of phosphogypsum for agricultural purposes.
61.205 Distribution and use of phosphogypsum for research and
development.
61.206 Distribution and use of phosphogypsum for other purposes.
61.207 Radium-226 sampling and measurement procedures.
61.208 Certification requirements.
61.209 Required records.
61.210 Exemption from the reporting and testing requirements of 40 CFR
61.10.
Subpart S--[Reserved]
Subpart T--National Emission Standards for Radon Emissions From the
Disposal of Uranium Mill Tailings
61.220 Designation of facilities.
61.221 Definitions.
61.222 Standard.
61.223 Compliance procedures.
61.224 Recordkeeping requirements.
61.225 Exemption from the reporting and testing requirements of 40 CFR
61.10.
61.226 Reconsideration of rescission and reinstatement of this subpart.
Subpart U--[Reserved]
Subpart V--National Emission Standard for Equipment Leaks (Fugitive
Emission Sources)
61.240 Applicability and designation of sources.
61.241 Definitions.
61.242-1 Standards: General.
61.242-2 Standards: Pumps.
61.242-3 Standards: Compressors.
61.242-4 Standards: Pressure relief devices in gas/vapor service.
61.242-5 Standards: Sampling connection systems.
61.242-6 Standards: Open-ended valves or lines.
61.242-7 Standards: Valves.
61.242-8 Standards: Pressure relief devices in liquid service and
flanges and other connectors.
61.242-9 Standards: Product accumulator vessels.
61.242-10 Standards: Delay of repair.
61.242-11 Standards: Closed-vent systems and control devices.
61.243-1 Alternative standards for valves in UHAP Service--allowable
percentage of valves leaking.
61.243-2 Alternative standards for valves in VHAP service--skip period
leak detection and repair.
61.244 Alternative means of emission limitation.
61.245 Test methods and procedures.
61.246 Recordkeeping requirements.
61.247 Reporting requirements.
Subpart W--National Emission Standards for Radon Emissions From
Operating Mill Tailings
61.250 Designation of facilities.
61.251 Definitions.
61.252 Standard.
61.253 Determining compliance.
61.254 Annual reporting requirements.
61.255 Recordkeeping requirements.
61.256 Exemption from the reporting and testing requirements of 40 CFR
61.10.
Subpart X--[Reserved]
Subpart Y--National Emission Standard for Benzene Emissions From Benzene
Storage Vessels
61.270 Applicability and designation of sources.
61.271 Emission standard.
61.272 Compliance provisions.
61.273 Alternative means of emission limitation.
61.274 Initial report.
61.275 Periodic report.
61.276 Recordkeeping.
61.277 Delegation of authority.
Subparts Z-AA--[Reserved]
Subpart BB--National Emission Standard for Benzene Emissions From
Benzene Transfer Operations
61.300 Applicability.
61.301 Definitions.
61.302 Standards.
61.303 Monitoring requirements.
61.304 Test methods and procedures.
61.305 Reporting and recordkeeping.
61.306 Delegation of authority.
[[Page 8]]
Subparts CC-EE--[Reserved]
Subpart FF--National Emission Standard for Benzene Waste Operations
61.340 Applicability.
61.341 Definitions.
61.342 Standards: General.
61.343 Standards: Tanks.
61.344 Standards: Surface impoundments.
61.345 Standards: Containers.
61.346 Standards: Individual drain systems.
61.347 Standards: Oil-water separators.
61.348 Standards: Treatment processes.
61.349 Standards: Closed-vent systems and control devices.
61.350 Standards: Delay of repair.
61.351 Alternative standards for tanks.
61.352 Alternative standards for oil-water separators.
61.353 Alternative means of emission limitation.
61.354 Monitoring of operations.
61.355 Test methods, procedures, and compliance provisions.
61.356 Recordkeeping requirements.
61.357 Reporting requirements.
61.358 Delegation of authority.
61.359 [Reserved]
Appendix A to Part 61--National Emission Standards for Hazardous Air
Pollutants, Compliance Status Information
Appendix B to Part 61--Test Methods
Appendix C to Part 61--Quality Assurance Procedures
Appendix D to Part 61--Methods for Estimating Radionuclide Emissions
Appendix E to Part 61--Compliance Procedures Methods for Determining
Compliance With Subpart I
Authority: 42 U.S.C. 7401, 7412, 7414, 7416, 7601.
Source: 38 FR 8826, Apr. 6, 1973, unless otherwise noted.
Subpart A--General Provisions
Sec. 61.01 Lists of pollutants and applicability of part 61.
(a) The following list presents the substances that, pursuant to
section 112 of the Act, have been designated as hazardous air
pollutants. The Federal Register citations and dates refer to the
publication in which the listing decision was originally published.
Asbestos (36 FR 5931; Mar. 31, 1971)
Benzene (42 FR 29332; June 8, 1977)
Beryllium (36 FR 5931; Mar. 31, 1971)
Coke Oven Emissions (49 FR 36560; Sept. 18, 1984)
Inorganic Arsenic (45 FR 37886; June 5, 1980)
Mercury (36 FR 5931; Mar. 31, 1971)
Radionuclides (44 FR 76738; Dec. 27, 1979)
Vinyl Chloride (40 FR 59532; Dec. 24, 1975)
(b) The following list presents other substances for which a Federal
Register notice has been published that included consideration of the
serious health effects, including cancer, from ambient air exposure to
the substance.
Acrylonitrile (50 FR 24319; June 10, 1985)
1,3-Butadiene (50 FR 41466; Oct. 10, 1985)
Cadmium (50 FR 42000; Oct. 16, 1985)
Carbon Tetrachloride (50 FR 32621; Aug. 13, 1985)
Chlorinated Benzenes (50 FR 32628; Aug. 13, 1985)
Chlorofluorocarbon--113 (50 FR 24313; June 10, 1985)
Chloroform (50 FR 39626; Sept. 27, 1985)
Chloroprene (50 FR 39632; Sept. 27, 1985)
Chromium (50 FR 24317; June 10, 1985)
Copper (52 FR 5496; Feb. 23, 1987)
Epichlorohydrin (50 FR 24575; June 11, 1985)
Ethylene Dichloride (50 FR 41994; Oct. 16, 1985)
Ethylene Oxide (50 FR 40286; Oct. 2, 1985)
Hexachlorocyclopentadiene (50 FR 40154; Oct. 1, 1985)
Manganese (50 FR 32627; Aug. 13, 1985)
Methyl Chloroform (50 FR 24314; June 10, 1985)
Methylene Chloride (50 FR 42037; Oct. 17, 1985)
Nickel (51 FR 34135; Sept. 25, 1986)
Perchloroethylene (50 FR 52800; Dec. 26, 1985)
Phenol (51 FR 22854; June 23, 1986)
Polycyclic Organic Matter (49 FR 31680; Aug. 8, 1984)
Toluene (49 FR 22195; May 25, 1984)
Trichloroethylene (50 FR 52422; Dec. 23, 1985)
Vinylidene Chloride (50 FR 32632; Aug. 13, 1985)
Zinc and Zinc Oxide (52 FR 32597, Aug. 28, 1987)
(c) This part applies to the owner or operator of any stationary
source for which a standard is prescribed under this part.
(d) In addition to complying with the provisions of this part, the
owner or operator of a stationary source subject to a standard in this
part may be required to obtain an operating permit issued to stationary
sources by an authorized State air pollution control agency or by the
Administrator of the U.S. Environmental Protection Agency (EPA) pursuant
to title V of the Clean Air Act (Act) as amended November 15,
[[Page 9]]
1990 (42 U.S.C. 7661). For more information about obtaining an operating
permit see part 70 of this chapter.
[50 FR 46290, Nov. 7, 1985, as amended at 51 FR 7715 and 7719, Mar. 5,
1986; 51 FR 11022, Apr. 1, 1986; 52 FR 37617, Oct. 8, 1987; 59 FR 12429,
Mar. 16, 1994]
Sec. 61.02 Definitions.
The terms used in this part are defined in the Act or in this
section as follows:
Act means the Clean Air Act (42 U.S.C. 7401 et seq.).
Administrator means the Administrator of the Environmental
Protection Agency or his authorized representative.
Alternative method means any method of sampling and analyzing for an
air pollutant which is not a reference method but which has been
demonstrated to the Administrator's satisfaction to produce results
adequate for the Administrator's determination of compliance.
Approved permit program means a State permit program approved by the
Administrator as meeting the requirements of part 70 of this chapter or
a Federal permit program established in this chapter pursuant to title V
of the Act (42 U.S.C. 7661).
Capital expenditure means an expenditure for a physical or
operational change to a stationary source which exceeds the product of
the applicable ``annual asset guideline repair allowance percentage''
specified in the latest edition of Internal Revenue Service (IRS)
Publication 534 and the stationary source's basis, as defined by section
1012 of the Internal Revenue Code. However, the total expenditure for a
physical or operational change to a stationary source must not be
reduced by any ``excluded additions'' as defined for stationary sources
constructed after December 31, 1981, in IRS Publication 534, as would be
done for tax purposes. In addition, ``annual asset guideline repair
allowance'' may be used even though it is excluded for tax purposes in
IRS Publication 534.
Commenced means, with respect to the definition of ``new source'' in
section 111(a)(2) of the Act, that an owner or operator has undertaken a
continuous program of construction or modification or that an owner or
operator has entered into a contractual obligation to undertake and
complete, within a reasonable time, a continuous program of construction
or modification.
Compliance schedule means the date or dates by which a source or
category of sources is required to comply with the standards of this
part and with any steps toward such compliance which are set forth in a
waiver of compliance under Sec. 61.11.
Construction means fabrication, erection, or installation of an
affected facility.
Effective date is the date of promulgation in the Federal Register
of an applicable standard or other regulation under this part.
Existing source means any stationary source which is not a new
source.
Issuance of a part 70 permit will occur, if the State is the
permitting authority, in accordance with the requirements of part 70 of
this chapter and the applicable, approved State permit program. When the
EPA is the permitting authority, issuance of a title V permit occurs
immediately after the EPA takes final action on the final permit.
Monitoring system means any system, required under the monitoring
sections in applicable subparts, used to sample and condition (if
applicable), to analyze, and to provide a record of emissions or process
parameters.
New source means any stationary source, the construction or
modification of which is commenced after the publication in the Federal
Register of proposed national emission standards for hazardous air
pollutants which will be applicable to such source.
Owner or operator means any person who owns, leases, operates,
controls, or supervises a stationary source.
Part 70 permit means any permit issued, renewed, or revised pursuant
to part 70 of this chapter.
Permit program means a comprehensive State operating permit system
established pursuant to title V of the Act (42 U.S.C. 7661) and
regulations codified in part 70 of this chapter and applicable State
regulations, or a comprehensive Federal operating permit system
established pursuant to title V of the Act
[[Page 10]]
and regulations codified in this chapter.
Permitting authority means:
(1) The State air pollution control agency, local agency, other
State agency, or other agency authorized by the Administrator to carry
out a permit program under part 70 of this chapter; or
(2) The Administrator, in the case of EPA-implemented permit
programs under title V of the Act (42 U.S.C. 7661).
Reference method means any method of sampling and analyzing for an
air pollutant, as described in Appendix B to this part.
Run means the net period of time during which an emission sample is
collected. Unless otherwise specified, a run may be either intermittent
or continuous within the limits of good engineering practice.
Standard means a national emission standard including a design,
equipment, work practice or operational standard for a hazardous air
pollutant proposed or promulgated under this part.
Startup means the setting in operation of a stationary source for
any purpose.
State means all non-Federal authorities, including local agencies,
interstate associations, and State-wide programs, that have delegated
authority to implement:
(1) The provisions of this part; and/or
(2) The permit program established under part 70 of this chapter.
The term State shall have its conventional meaning where clear from the
context.
Stationary source means any building, structure, facility, or
installation which emits or may emit any air pollutant which has been
designated as hazardous by the Administrator.
Title V permit means any permit issued, renewed, or revised pursuant
to Federal or State regulations established to implement title V of the
Act (42 U.S.C. 7661). A title V permit issued by a State permitting
authority is called a part 70 permit in this part.
[44 FR 55174, Sept. 25, 1979, as amended at 50 FR 46290, Nov. 7, 1985;
59 FR 12429, Mar. 16, 1994]
Sec. 61.03 Units and abbreviations.
Used in this part are abbreviations and symbols of units of measure.
These are defined as follows:
(a) System International (SI) units of measure:
A=ampere
g=gram
Hz=hertz
J=joule
K=degree Kelvin
kg=kilogram
m=meter
m2=square meter
m3=cubic meter
mg=milligram=10-3 gram
mm=millimeter=10-3 meter
Mg=megagram=10-6 gram
mol=mole
N=newton
ng=nanogram=10-9 gram
nm=nanometer=10-9 meter
Pa=pascal
s=second
V=volt
W=watt
=ohm
g=microgram=10-6 gram
(b) Other units of measure:
deg.C=degree Celsius (centigrade)
cfm=cubic feet per minute
cc=cubic centimeter
Ci=curie
d=day
deg.F=degree Fahrenheit
ft2=square feet
ft3=cubic feet
gal=gallon
in=inch
in Hg=inches of mercury
in H2O=inches of water
l=liter
lb=pound
lpm=liter per minute
min=minute
ml=milliliter=10-3 liter
mrem=millirem=10-3 rem
oz=ounces
pCi=picocurie=10-12 curie
psig=pounds per square inch gage
deg.R=degree Rankine
l=microliter=10-6 liter
v/v=volume per volume
yd2=square yards
yr=year
(c) Chemical nomenclature:
Be=beryllium
Hg=mercury
H2O=water
[[Page 11]]
(d) Miscellaneous:
act=actual
avg=average
I.D.=inside diameter
M=molar
N=normal
O.D.=outside diameter
%=percent
std=standard
[42 FR 51574, Sept. 29, 1977, as amended at 54 FR 51704, Dec. 15, 1989]
Sec. 61.04 Address.
(a) All requests, reports, applications, submittals, and other
communications to the Administrator pursuant to this part shall be
submitted in duplicate to the appropriate Regional Office of the U.S.
Environmental Protection Agency to the attention of the Director of the
Division indicated in the following list of EPA Regional Offices.
Region I (Connecticut, Maine, Massachusetts, New Hampshire, Rhode
Island, Vermont), Director, Air Management Division, U.S. Environmental
Protection Agency, John F. Kennedy Federal Building, Boston, MA 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director,
Air and Waste Management Division, U.S. Environmental Protection Agency,
Federal Office Building, 26 Federal Plaza (Foley Square), New York, NY
10278.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania,
Virginia, West Virginia), Director, Air and Waste Management Division,
U.S. Environmental Protection Agency, Curtis Building, Sixth and Walnut
Streets, Philadelphia, PA 19106.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee), Director, Air and Waste Management
Division, U.S. Environmental Protection Agency, 345 Courtland Street,
NE., Atlanta, GA 30365.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin),
Director, Air Management Division, U.S. Environmental Protection Agency,
230 South Dearborn Street, Chicago, IL 60604.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); Director;
Air, Pesticides, and Toxics Division; U.S. Environmental Protection
Agency, 1445 Ross Avenue, Dallas, TX 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air and Toxics
Division, U.S. Environmental Protection Agency, 726 Minnesota Avenue,
Kansas City, KS 66101.
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming), Director, Air and Waste Management Division, U.S.
Environmental Protection Agency, 1860 Lincoln Street, Denver, CO 80295.
Region IX (American Samoa, Arizona, California, Guam, Hawaii, Nevada),
Director, Air and Waste Management Division, U.S. Environmental
Protection Agency, 215 Fremont Street, San Francisco, CA 94105.
Region X (Alaska, Oregon, Idaho, Washington), Director, Air and Waste
Management Division, U.S. Environmental Protection Agency, 1200 Sixth
Avenue, Seattle, WA 98101.
(b) Section 112(d) directs the Administrator to delegate to each
State, when appropriate, the authority to implement and enforce national
emission standards for hazardous air pollutants for stationary sources
located in such State. If the authority to implement and enforce a
standard under this part has been delegated to a State, all information
required to be submitted to EPA under paragraph (a) of this section
shall also be submitted to the appropriate State agency (provided, that
each specific delegation may exempt sources from a certain Federal or
State reporting requirement). The Administrator may permit all or some
of the information to be submitted to the appropriate State agency only,
instead of to EPA and the State agency. The appropriate mailing address
for those States whose delegation request has been approved is as
follows:
(A) [Reserved]
(B) State of Alabama, Air Pollution Control Division, Air Pollution
Control Commission, 645 S. McDonough Street, Montgomery, AL 36104.
(C) State of Alaska, Department of Environmental Conservation, 3220
Hospital Drive, Juneau, AK 99811.
(D) Arizona.
Arizona Department of Health Services, 1740 West Adams Street, Phoenix,
AZ 85007.
Maricopa County Department of Health Services, Bureau of Air Pollution
Control, 1825 East Roosevelt Street, Phoenix, AZ 85006.
Pima County Health Department, Air Quality Control District, 151 West
Congress, Tucson, AZ 85701.
(E) State of Arkansas: Chief, Division of Air Pollution Control,
Arkansas Department of Pollution Control and Ecology, 8001 National
Drive, P.O. Box 9583, Little Rock, AR 72209.
(F) California.
[[Page 12]]
Amador County Air Pollution Control District, P.O. Box 430, 810 Court
Street, Jackson, CA 95642.
Bay Area Air Pollution Control District, 939 Ellis Street, San
Francisco, CA 94109.
Butte County Air Pollution Control District, P.O. Box 1229, 316 Nelson
Avenue, Oroville, CA 95965.
Calaveras County Air Pollution Control District, Government Center, El
Dorado Road, San Andreas, CA 95249.
Colusa County Air Pollution Control District, 751 Fremont Street,
Colusa, CA 95952.
El Dorado Air Pollution Control District, 330 Fair Lane, Placerville, CA
95667.
Fresno County Air Pollution Control District, 1221 Fulton Mall, Fresno,
CA 93721.
Glenn County Air Pollution Control District, P.O. Box 351, 720 North
Colusa Street, Willows, CA 95988.
Great Basin Unified Air Pollution Control District, 157 Short Street,
suite 6, Bishop, CA 93514.
Imperial County Air Pollution Control District, County Services
Building, 939 West Main Street, El Centro, CA 92243.
Kern County Air Pollution Control District, 1601 H Street, suite 250,
Bakersfield, CA 93301.
Kings County Air Pollution Control District, 330 Campus Drive, Hanford,
CA 93230.
Lake County Air Pollution Control District, 255 North Forbes Street,
Lakeport, CA 95453.
Lassen County Air Pollution Control District, 175 Russell Avenue,
Susanville, CA 96130.
Madera County Air Pollution Control District, 135 West Yosemite Avenue,
Madera, CA 93637.
Mariposa County Air Pollution Control District, Box 5, Mariposa, CA
95338.
Mendocino County Air Pollution Control District, County Courthouse,
Ukiah, CA 94582.
Merced County Air Pollution Control District, P.O. Box 471, 240 East
15th Street, Merced, CA 95340.
Modoc County Air Pollution Control District, 202 West 4th Street,
Alturas, CA 96101.
Monterey Bay Unified Air Pollution Control, 1164 Monroe Street, Suite
10, Salinas, CA 93906.
Nevada County Air Pollution Control District, H.E.W. Complex, Nevada
City, CA 95959.
North Coast Unified Air Quality Management District, 5630 South
Broadway, Eureka CA 95501.
Northern Sonoma County Air Pollution Control District, 134 ``A'' Avenue,
Auburn, CA 95448.
Placer County Air Pollution Control District, 11491 ``B'' Avenue,
Auburn, CA 95603.
Plumas County Air Pollution Control District, P.O. Box 480, Quincy, CA
95971.
Sacramento County Air Pollution Control District, 3701 Branch Center
Road, Sacramento, CA 95827.
San Bernardino County Air Pollution Control District, 15579-8th,
Victorville, CA 92392.
San Diego County Air Pollution Control District, 9150 Chesapeake Drive,
San Diego, CA 92123.
San Joaquin County Air Pollution Control District, 1601 East Hazelton
Street (P.O. Box 2009), Stockton, CA 95201.
San Luis Obispo County Air Pollution Control District, P.O. Box 637, San
Luis Obispo, CA 93406.
Santa Barbara County Air Pollution Control District, 315 Camino del
Rimedio, Santa Barbara, CA 93110.
Shasta County Air Pollution Control District, 2650 Hospital Lane,
Redding, CA 96001.
Sierra County Air Pollution Control District, P.O. Box 286, Downieville,
CA 95936.
Siskiyou County Air Pollution Control District, 525 South Foothill
Drive, Yreka, CA 96097.
South Coast Air Quality Management District, 9150 Flair Drive, El Monte,
CA 91731.
Stanislaus County Air Pollution Control District, 1030 Scenic Drive,
Modesto, CA 95350.
Sutter County Air Pollution Control District, Sutter County Office
Building, 142 Garden Highway, Yuba City, CA 95991.
Tehama County Air Pollution Control District, P.O. Box 38, 1760 Walnut
Street, Red Bluff, CA 96080.
Tulare County Air Pollution Control District, County Civic Center,
Visalia, CA 93277.
Tuolumne County Air Pollution Control District, 9 North Washington
Street, Sonora, CA 95370.
Ventura County Air Pollution Control District, 800 South Victoria
Avenue, Ventura, CA 93009.
Yolo-Solano Air Pollution Control District, P.O. Box 1006, 323 First
Street, 5, Woodland, CA 95695.
(G) State of Colorado, Department of Health, Air Pollution Control
Division, 4210 East 11th Avenue, Denver, CO 80220.
Note: For a table listing Region VIII's NESHAPs delegation status,
see paragraph (c) of this section.
(H) State of Connecticut, Bureau of Air Management, Department of
Environmental Protection, State Office Building, 165 Capitol Avenue,
Hartford, CT 06106.
(I) State of Delaware:
Delaware Department of Natural Resources and Environmental Control,
Tatnall Building, P.O. Box 1401, Dover, DE 19901.
(J) [Reserved]
(K) Bureau of Air Quality Management, Department of Environmental
Regulation,
[[Page 13]]
Twin Towers Office Building, 2600 Blair Stone Road, Tallahassee, FL
32301.
(L) State of Georgia, Environmental Protection Division, Department
of Natural Resources, 270 Washington Street, SW., Atlanta, GA 30334.
(M) Hawaii Department of Health, 1250 Punchbowl Street, Honolulu, HI
96813.
Hawaii Department of Health (mailing address), Post Office Box 3378,
Honolulu, HI 96801.
(N)-(O) [Reserved]
(P) State of Indiana, Indiana Department of Environmental
Management, 105 South Meridian Street, P.O. Box 6015, Indianapolis, IN
46206.
(Q) State of Iowa: Iowa Department of Natural Resources,
Environmental Protection Division, Henry A. Wallace Building, 900 East
Grand, Des Moines, IA 50319.
(R) State of Kansas: Kansas Department of Health and Environment,
Bureau of Air Quality and Radiation Control, Forbes Field, Topeka, KS
66620.
(S) Division of Air Pollution Control, Department for Natural
Resources and Environmental Protection, U.S. 127, Frankfort, KY 40601.
(T) State of Louisiana: Program Administrator, Air Quality Division,
Louisiana Department of Environmental Quality, P.O. Box 44096, Baton
Rouge, LA 70804.
(U) State of Maine, Bureau of Air Quality Control, Department of
Environmental Protection, State House, Station No. 17, Augusta, ME
04333.
(V) State of Maryland, Bureau of Air Quality and Noise Control,
Maryland State Department of Health and Mental Hygiene, 201 West Preston
Street, Baltimore, MD 21201.
(W) Commonwealth of Massachusetts, Division of Air Quality Control,
Department of Environmental Protection, One Winter Street, 7th floor,
Boston, MA 02108.
(X) State of Michigan, Air Pollution Control Division, Michigan
Department of Natural Resources, Stevens T. Mason Building, 8th Floor,
Lansing, MI 48926.
(Y) Minnesota Pollution Control Agency, Division of Air Quality, 520
Lafayette Road, St. Paul, MN 55155.
(Z) Bureau of Pollution Control, Department of Natural Resources,
P.O. Box 10385, Jackson, MS 39209.
(AA) State of Missouri: Missouri Department of Natural Resources,
Division of Environmental Quality, P.O. Box 176, Jefferson City, MO
65102.
(BB) State of Montana, Department of Health and Environmental
Services, Air Quality Bureau, Cogswell Building, Helena, MT 59601.
Note: For a table listing Region VIII's NESHAPs delegation status,
see paragraph (c) of this section.
(CC) State of Nebraska, Nebraska Department of Environmental
Control, P.O. Box 94877, State House Station, Lincoln, NE 68509.
Lincoln-Lancaster County Health Department, Division of Environmental
Health, 2200 St. Marys Avenue, Lincoln, NE 68502.
(DD) Nevada.
Clark County, County District Health Department, Air Pollution Control
Division, 625 Shadow Lane, Las Vegas, NV 89106.
Nevada Department of Conservation and Natural Resources, Division of
Environmental Protection, 201 South Fall Street, Carson City,
NV 89710.
Washoe County District Health Department, Division of Environmental
Protection, 10 Kirman Avenue, Reno, NV 89502.
(EE) State of New Hampshire, Air Resources Division, Department of
Environmental Services, 64 North Main Street, Caller Box 2033, Concord,
NH 03302-2033.
(FF) State of New Jersey: New Jersey Department of Environmental
Protection, John Fitch Plaza, P.O. Box 2807, Trenton, NJ 08625.
(GG) State of New Mexico: Director, New Mexico Environmental
Improvement Division, Health and Environment Department, 1190 St.
Francis Drive, Santa Fe, NM 87503.
(i) The City of Albuquerque and Bernalillo County: Director, The
Albuquerque Environmental Health Department, The City of Albuquerque,
P.O. Box 1293, Albuquerque, NM 87103.
(HH) New York: New York State Department of Environmental
Conservation, 50 Wolf Road, Albany, NY 12233, attention: Division of Air
Resources.
(II) North Carolina Environmental Management Commission, Department
of Natural and Economic Resources, Division of Environmental Management,
P.O. Box 27687, Raleigh, NC 27611. Attention: Air Quality Section.
(JJ) State of North Dakota, State Department of Health and
Consolidated Laboratories, Division of Environmental Engineering, State
Capitol, Bismarck, ND 58505.
Note: For a table listing Region VIII's NESHAPs delegation status,
see paragraph (c) of this section.
(KK) State of Ohio--
(i) Medina, Summit and Portage Counties: Director, Akron Regional
Air Quality Management District, 177 South Broadway, Akron, OH 44308.
(ii) Stark County: Director, Air Pollution Control Division, Canton
City Health Department, City Hall Annex Second Floor, 218 Cleveland
Avenue S.W., Canton, OH 44702.
(iii) Butler, Clermont, Hamilton and Warren Counties: Director,
Southwestern Ohio Air Pollution Control Agency, 2400 Beekman Street,
Cincinnati, OH 45214.
[[Page 14]]
(iv) Cuyahoga County: Commissioner, Division of Air Pollution
Control, Department of Public Health and Welfare, 2735 Broadway Avenue,
Cleveland, OH 44115.
(v) Belmont, Carroll, Columbiana, Harrison, Jefferson, and Monroe
Counties: Director, North Ohio Valley Air Authority (NOVAA), 814 Adams
Street, Steubenville, OH 43952.
(vi) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties:
Supervisor, Regional Air Pollution Control Agency (RAPCA), Montgomery
County Health Department, 451 West Third Street, Dayton, OH 45402.
(vii) Lucas County and the City of Rossford (in Wood County):
Director, Toledo Environmental Services Agency, 26 Main Street, Toledo,
OH 43605.
(viii) Adams, Brown, Lawrence, and Scioto Counties: Engineer-
Director, Air Division, Portsmouth City Health Department, 740 Second
Street, Portsmouth, OH 45662.
(ix) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton,
Hancock, Hardin, Henry, Huron, Marion, Mercer, Ottawa, Paulding, Putnam,
Richland, Sandusky, Seneca, Van West, Williams, Wood (except City of
Rossford), and Wyandot Counties: Ohio Environmental Protection Agency,
Northwest District Office, Air Pollution Unit, 1035 Dezlaz Grove Drive,
Bowling Green, OH 43402.
(x) Ashtabula, Holmes, Lorain, and Wayne Counties: Ohio
Environmental Protection Agency, Northeast District Office, Air
Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087.
(xi) Athens, Coshocton, Gallia, Guernsey, Hocking, Jackson, Meigs,
Morgan, Muskingum, Noble, Perry, Pike, Ross, Tuscarawas, Vinton, and
Washington Counties: Ohio Environmental Protection Agency, Southeast
District Office, Air Pollution Unit, 2195 Front Street, Logan, OH 43138.
(xii) Champaign, Clinton, Highland, Logan, and Shelby Counties: Ohio
Environmental Protection Agency, Southwest District Office, Air
Pollution Unit, East Fourth Street, Dayton, OH 45402.
(xiii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking,
Madison, Morrow, Pickaway, and Union Counties; Ohio Environmental
Protection Agency, Central District Office, Air Pollution Unit, P.O. Box
1049, Columbus, OH 43266-0149.
(xiv) Geauga and Lake Counties: Lake County General Health District,
Air Pollution Control, 105 Main Street, Painesville, OH 44077.
(xv) Mahoning and Trumbull Counties: Mahoning-Trumbull Air Pollution
Control Agency, 9 West Front Street, Youngstown, OH 44503.
(LL) State of Oklahoma, Oklahoma State Department of Health, Air
Quality Service, P.O. Box 53551, Oklahoma City, OK 73152.
(i) Oklahoma City and County: Director, Oklahoma City-County Health
Department, 921 Northeast 23rd Street, Oklahoma City, OK 73105.
(ii) Tulsa County: Tulsa City-County Health Department, 4616 East
Fifteenth Street, Tulsa, OK 74112.
(MM) State of Oregon, Department of Environmental Quality, Yeon
Building, 522 SW. Fifth, Portland, OR 97204.
(i)-(vii) [Reserved]
(viii) Lane Regional Air Pollution Authority, 225 North Fifth, suite
501, Springfield, OR 97477.
(NN) Pennsylvania.
(i) City of Philadelphia: Philadelphia Department of Public Health,
Air Management Services, 500 S. Broad Street, Philadelphia, PA 19146.
(ii) Commonwealth of Pennsylvania: Department of Environmental
Resources, Post Office Box 2063, Harrisburg, PA 17120.
(iii) Allegheny County: Allegheny County Health Department, Bureau
of Air Pollution Control, 301 Thirty-ninth Street, Pittsburgh, PA 15201.
(OO) State of Rhode Island, Division of Air and Hazardous Materials,
Department of Environmental Management, 291 Promenade Street,
Providence, RI 02908.
(PP) State of South Carolina, Office of Environmental Quality
Control, Department of Health and Environmental Control, 2600 Bull
Street, Columbia, SC 29201.
(QQ) State of South Dakota, Department of Water and Natural
Resources, Office of Air Quality and Solid Waste, Joe Foss Building, 523
East Capitol, Pierre, SD 57501-3181.
Note: For a table listing Region VIII's NESHAPs delegation status,
see paragraph (c) of this section.
(RR) Division of Air Pollution Control, Tennessee Department of
Public Health, 256 Capitol Hill Building, Nashville, TN 37219.
Knox County Department of Air Pollution, City/County Building, room
L222, 400 Main Avenue, Knoxville, TN 37902.
Air Pollution Control Bureau, Metropolitan Health Department, 311
23rd Avenue North, Nashville, TN 37203.
(SS) State of Texas, Texas Air Control Board, 6330 Highway 290 East,
Austin, TX 78723.
(TT) State of Utah, Department of Health, Bureau of Air Quality, 288
North 1460 West, P.O. Box 16690, Salt Lake City, UT 84116-0690.
Note: For a table listing Region VIII's NESHAPs delegation status,
see paragraph (c) of this section.
(UU) State of Vermont, Air Pollution Control Division, Agency of
Natural Resources, Building 3 South, 103 South Main Street, Waterbury,
VT 05676.
(VV) Commonwealth of Virginia, Virginia State Air Pollution Control
Board, room
[[Page 15]]
1106, Ninth Street Office Building, Richmond, VA 23219.
(WW)(i) Washington; State of Washington, Department of Ecology,
Olympia, WA 98504.
(ii) Northwest Air Pollution Authority, 207 Pioneer Building, Second
and Pine Streets, Mount Vernon, WA 98273.
(iii) Puget Sound Air Pollution Control Agency, 200 West Mercer
Street, room 205, Seattle, WA 98119-3958.
(iv) Spokane County Air Pollution Control Authority, North 811
Jefferson, Spokane, WA 99201.
(v) Yakima County Clean Air Authority, County Courthouse, Yakima, WA
98901.
(vi) Olympic Air Pollution Control Authority, 120 East State Avenue,
Olympia, WA 98501.
(vii) Southwest Air Pollution Control Authority, suite 7601 H, NE
Hazel Dell Avenue, Vancouver, WA 98665.
(viii) Grant County Clean Air Authority, P.O. Box 37, Ephrata, WA
98823.
(XX) State of West Virginia: Air Pollution Control Commission, 1558
Washington Street, East, Charleston, WV 25311.
(YY) Wisconsin--Wisconsin Department of Natural Resources, P.O. Box
7921, Madison, WI 53707.
(ZZ)-(AAA) [Reserved]
(BBB) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico
Environmental Quality Board, P.O. Box 11785, Santurce, PR 00910.
(CCC) U.S. Virgin Islands: U.S. Virgin Islands Department of
Conservation and Cultural Affairs, P.O. Box 578, Charlotte Amalie, St.
Thomas, U.S. Virgin Islands 00801.
(c) The following is a table indicating the delegation status of
National Emission Standards for Hazardous Air Pollutants in Region VIII.
Region VIII.--Delegation Status of National Emission Standards for Hazardous Air Pollutants \1\
----------------------------------------------------------------------------------------------------------------
Subpart CO MT \2\ ND \2\ SD \2\ UT \2\ WY
----------------------------------------------------------------------------------------------------------------
A General Provisions............................... * * * * *
B Radon Emissions from Underground Uranium Mines... ........ ........ ........ ........ *
C Beryllium........................................ * * * ........ *
D Beryllium Rocket Motor Firing.................... * * * ........ *
E Mercury.......................................... * * * ........ *
F Vinyl Chloride................................... * * * ........ *
H Emissions of Radionuclides other than Radon from
Department of Energy Facilities.................... ........ ........ ........ ........ ........
I Radionuclide Emissions from Facilities Licensed
by the Nuclear Regulatory Commission and Federal
Facilities not covered by Subpart H................
J Equipment Leaks (Fugitive Emission Sources) of
Benzene............................................ * * * ........ *
K Radionuclide Emissions from Elemental Phosphorus
Plants............................................. ........ ........ ........ ........ ........
L Benzene Emissions from Coke By-Product Recovery
Plants............................................. ........ * * ........ *
M Asbestos......................................... * * * * * *\3\
N Inorganic Arsenic Emissions from Glass
Manufacturing Plants............................... ........ * * ........ *
O Inorganic Arsenic Emissions from Primary Copper
Smelters........................................... ........ * * ........ *
P Inorganic Arsenic Emissions from Arsenic Trioxide
and Metallic Arsenic Production Facilities......... ........ * * ........ *
Q Radon Emissions from Department of Energy
Facilities......................................... ........ ........ ........ ........ *
R Radon Emission from Phosphogypsum Stacks......... ........ ........ ........ ........ *
T Radon Emissions from the Disposal of Uranium Mill
Tailings........................................... ........ ........ ........ ........ *
V Equipment Leaks (Fugitive Emission Sources)...... ........ * * ........ *
W Radon Emissions from Operating Mill Tailings..... ........ ........ ........ ........ *
Y Benzene Emissions from Benzene Storage Vessels... ........ * * ........ *
BB Benzene Emission from Benzene Transfer
Operations......................................... ........ * * ........ *
FF Benzene Waste Operations........................ ........ * * ........ *
----------------------------------------------------------------------------------------------------------------
*Indicates approval of delegation of subpart to state.
\1\ Authorities which may not be delegated include 40 CFR 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii), 61.112(c),
61.164(a)(2), 61.164(a)(3), 61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174 (a)(2), 61.174(a)(3), 61.242-
1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of Authority.
\2\ Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State
Implementation Plan (SIP) with the exception of the radionuclide NESHAP Subparts B, Q, R, T, W which were
approved through Section 112(l) of the Clean Air Act.
\3\ Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,
insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating
operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that
convert asbestos-containing waste material into nonasbestos (asbestos-free) material.
[40 FR 18170, Apr. 25, 1975]
Editorial Note: For Federal Register citations to Sec. 61.04 see the
List of CFR Sections Affected appearing in the Finding Aids section of
this volume.
[[Page 16]]
Sec. 61.05 Prohibited activities.
(a) After the effective date of any standard, no owner or operator
shall construct or modify any stationary source subject to that standard
without first obtaining written approval from the Administrator in
accordance with this subpart, except under an exemption granted by the
President under section 112(c)(2) of the Act. Sources, the construction
or modification of which commenced after the publication date of the
standards proposed to be applicable to the sources, are subject to this
prohibition.
(b) After the effective date of any standard, no owner or operator
shall operate a new stationary source subject to that standard in
violation of the standard, except under an exemption granted by the
President under section 112(c)(2) of the Act.
(c) Ninety days after the effective date of any standard, no owner
or operator shall operate any existing source subject to that standard
in violation of the standard, except under a waiver granted by the
Administrator under this part or under an exemption granted by the
President under section 112(c)(2) of the Act.
(d) No owner or operator subject to the provisions of this part
shall fail to report, revise reports, or report source test results as
required under this part.
[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46291, Nov. 7, 1985]
Sec. 61.06 Determination of construction or modification.
An owner or operator may submit to the Administrator a written
application for a determination of whether actions intended to be taken
by the owner or operator constitute construction or modification, or
commencement thereof, of a source subject to a standard. The
Administrator will notify the owner or operator of his determination
within 30 days after receiving sufficient information to evaluate the
application.
[50 FR 46291, Nov. 7, 1985]
Sec. 61.07 Application for approval of construction or modification.
(a) The owner or operator shall submit to the Administrator an
application for approval of the construction of any new source or
modification of any existing source. The application shall be submitted
before the construction or modification is planned to commence, or
within 30 days after the effective date if the construction or
modification had commenced before the effective date and initial startup
has not occurred. A separate application shall be submitted for each
stationary source.
(b) Each application for approval of construction shall include--
(1) The name and address of the applicant;
(2) The location or proposed location of the source; and
(3) Technical information describing the proposed nature, size,
design, operating design capacity, and method of operation of the
source, including a description of any equipment to be used for control
of emissions. Such technical information shall include calculations of
emission estimates in sufficient detail to permit assessment of the
validity of the calculations.
(c) Each application for approval of modification shall include, in
addition to the information required in paragraph (b) of this section--
(1) The precise nature of the proposed changes;
(2) The productive capacity of the source before and after the
changes are completed; and
(3) Calculations of estimates of emissions before and after the
changes are completed, in sufficient detail to permit assessment of the
validity of the calculations.
[50 FR 46291, Nov. 7, 1985]
Sec. 61.08 Approval of construction or modification.
(a) The Administrator will notify the owner or operator of approval
or intention to deny approval of construction or modification within 60
days after receipt of sufficient information to evaluate an application
under Sec. 61.07.
(b) If the Administrator determines that a stationary source for
which an application under Sec. 61.07 was submitted will not cause
emissions in violation of a standard if properly operated, the
Administrator will approve the construction or modification.
[[Page 17]]
(c) Before denying any application for approval of construction or
modification, the Administrator will notify the applicant of the
Administrator's intention to issue the denial together with--
(1) Notice of the information and findings on which the intended
denial is based; and
(2) Notice of opportunity for the applicant to present, within such
time limit as the Administrator shall specify, additional information or
arguments to the Administrator before final action on the application.
(d) A final determination to deny any application for approval will
be in writing and will specify the grounds on which the denial is based.
The final determination will be made within 60 days of presentation of
additional information or arguments, or 60 days after the final date
specified for presentation if no presentation is made.
(e) Neither the submission of an application for approval nor the
Administrator's approval of construction or modification shall--
(1) Relieve an owner or operator of legal responsibility for
compliance with any applicable provisions of this part or of any other
applicable Federal, State, or local requirement; or
(2) Prevent the Administrator from implementing or enforcing this
part or taking any other action under the Act.
[50 FR 46291, Nov. 7, 1985]
Sec. 61.09 Notification of startup.
(a) The owner or operator of each stationary source which has an
initial startup after the effective date of a standard shall furnish the
Administrator with written notification as follows:
(1) A notification of the anticipated date of initial startup of the
source not more than 60 days nor less than 30 days before that date.
(2) A notification of the actual date of initial startup of the
source within 15 days after that date.
(b) If any State or local agency requires a notice which contains
all the information required in the notification in paragraph (a) of
this section, sending the Administrator a copy of that notification will
satisfy paragraph (a) of this section.
[50 FR 46291, Nov. 7, 1985]
Sec. 61.10 Source reporting and waiver request.
(a) The owner or operator of each existing source or each new source
which had an initial startup before the effective date shall provide the
following information in writing to the Administrator within 90 days
after the effective date:
(1) Name and address of the owner or operator.
(2) The location of the source.
(3) The type of hazardous pollutants emitted by the stationary
source.
(4) A brief description of the nature, size, design, and method of
operation of the stationary source including the operating design
capacity of the source. Identify each point of emission for each
hazardous pollutant.
(5) The average weight per month of the hazardous materials being
processed by the source, over the last 12 months preceding the date of
the report.
(6) A description of the existing control equipment for each
emission point including--
(i) Each control device for each hazardous pollutant; and
(ii) Estimated control efficiency (percent) for each control device.
(7) A statement by the owner or operator of the source as to whether
the source can comply with the standards within 90 days after the
effective date.
(b) The owner or operator of an existing source unable to comply
with an applicable standard may request a waiver of compliance with that
standard for a period not exceeding 2 years after the effective date.
Any request shall be in writing and shall include the following
information:
(1) A description of the controls to be installed to comply with the
standard.
(2) A compliance schedule, including the date each step toward
compliance will be reached. The list shall include as a minimum the
following dates:
(i) Date by which contracts for emission control systems or process
changes for emission control will be awarded, or date by which orders
will
[[Page 18]]
be issued for the purchase of component parts to accomplish emission
control or process changes;
(ii) Date of initiation of onsite construction or installation of
emission control equipment or process change;
(iii) Date by which onsite construction or installation of emission
control equipment or process change is to be completed; and
(iv) Date by which final compliance is to be achieved.
(3) A description of interim emission control steps which will be
taken during the waiver period.
(c) Any change in the information provided under paragraph (a) of
this section or Sec. 61.07(b) shall be provided to the Administrator
within 30 days after the change. However, if any change will result from
modification of the source, Secs. 61.07(c) and 61.08 apply.
(d) A possible format for reporting under this section is included
as appendix A of this part. Advice on reporting the status of compliance
may be obtained from the Administrator.
(e) For the purposes of this part, time periods specified in days
shall be measured in calendar days, even if the word ``calendar'' is
absent, unless otherwise specified in an applicable requirement.
(f) For the purposes of this part, if an explicit postmark deadline
is not specified in an applicable requirement for the submittal of a
notification, application, report, or other written communication to the
Administrator, the owner or operator shall postmark the submittal on or
before the number of days specified in the applicable requirement. For
example, if a notification must be submitted 15 days before a particular
event is scheduled to take place, the notification shall be postmarked
on or before 15 days preceding the event; likewise, if a notification
must be submitted 15 days after a particular event takes place, the
notification shall be postmarked on or before 15 days following the end
of the event. The use of reliable non-Government mail carriers that
provide indications of verifiable delivery of information required to be
submitted to the Administrator, similar to the postmark provided by the
U.S. Postal Service, or alternative means of delivery agreed to by the
permitting authority, is acceptable.
(g) Notwithstanding time periods or postmark deadlines specified in
this part for the submittal of information to the Administrator by an
owner or operator, or the review of such information by the
Administrator, such time periods or deadlines may be changed by mutual
agreement between the owner or operator and the Administrator.
Procedures governing the implementation of this provision are specified
in paragraph (j) of this section.
(h) If an owner or operator of a stationary source in a State with
delegated authority is required to submit reports under this part to the
State, and if the State has an established timeline for the submission
of reports that is consistent with the reporting frequency(ies)
specified for such source under this part, the owner or operator may
change the dates by which reports under this part shall be submitted
(without changing the frequency of reporting) to be consistent with the
State's schedule by mutual agreement between the owner or operator and
the State. The allowance in the previous sentence applies in each State
beginning 1 year after the source is required to be in compliance with
the applicable subpart in this part. Procedures governing the
implementation of this provision are specified in paragraph (j) of this
section.
(i) If an owner or operator supervises one or more stationary
sources affected by standards set under this part and standards set
under part 60, part 63, or both such parts of this chapter, he/she may
arrange by mutual agreement between the owner or operator and the
Administrator (or the State with an approved permit program) a common
schedule on which reports required by each applicable standard shall be
submitted throughout the year. The allowance in the previous sentence
applies in each State beginning 1 year after the source is required to
be in compliance with the applicable subpart in this part, or 1 year
after the source is required to be in compliance with the applicable
part 60 or part 63 standard,
[[Page 19]]
whichever is latest. Procedures governing the implementation of this
provision are specified in paragraph (j) of this section.
(j)(1)(i) Until an adjustment of a time period or postmark deadline
has been approved by the Administrator under paragraphs (j)(2) and
(j)(3) of this section, the owner or operator of an affected source
remains strictly subject to the requirements of this part.
(ii) An owner or operator shall request the adjustment provided for
in paragraphs (j)(2) and (j)(3) of this section each time he or she
wishes to change an applicable time period or postmark deadline
specified in this part.
(2) Notwithstanding time periods or postmark deadlines specified in
this part for the submittal of information to the Administrator by an
owner or operator, or the review of such information by the
Administrator, such time periods or deadlines may be changed by mutual
agreement between the owner or operator and the Administrator. An owner
or operator who wishes to request a change in a time period or postmark
deadline for a particular requirement shall request the adjustment in
writing as soon as practicable before the subject activity is required
to take place. The owner or operator shall include in the request
whatever information he or she considers useful to convince the
Administrator that an adjustment is warranted.
(3) If, in the Administrator's judgment, an owner or operator's
request for an adjustment to a particular time period or postmark
deadline is warranted, the Administrator will approve the adjustment.
The Administrator will notify the owner or operator in writing of
approval or disapproval of the request for an adjustment within 15
calendar days of receiving sufficient information to evaluate the
request.
(4) If the Administrator is unable to meet a specified deadline, he
or she will notify the owner or operator of any significant delay and
inform the owner or operator of the amended schedule.
[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46292, Nov. 7, 1985; 59
FR 12430, Mar. 16, 1994]
Sec. 61.11 Waiver of compliance.
(a) Based on the information provided in any request under
Sec. 61.10, or other information, the Administrator may grant a waiver
of compliance with a standard for a period not exceeding 2 years after
the effective date of the standard.
(b) The waiver will be in writing and will--
(1) Identify the stationary source covered;
(2) Specify the termination date of the waiver;
(3) Specify dates by which steps toward compliance are to be taken;
and
(4) Specify any additional conditions which the Administrator
determines necessary to assure installation of the necessary controls
within the waiver period and to assure protection of the health of
persons during the waiver period.
(c) The Administrator may terminate the waiver at an earlier date
than specified if any specification under paragraphs (b)(3) and (b)(4)
of this section are not met.
(d) Before denying any request for a waiver, the Administrator will
notify the owner or operator making the request of the Administrator's
intention to issue the denial, together with--
(1) Notice of the information and findings on which the intended
denial is based; and
(2) Notice of opportunity for the owner or operator to present,
within the time limit the Administrator specifies, additional
information or arguments to the Administrator before final action on the
request.
(e) A final determination to deny any request for a waiver will be
in writing and will set forth the specific grounds on which the denial
is based. The final determination will be made within 60 days after
presentation of additional information or argument; or within 60 days
after the final date specified for the presentation if no presentation
is made.
(f) The granting of a waiver under this section shall not abrogate
the Administrator's authority under section 114 of the Act.
[50 FR 46292, Nov. 7, 1985]
[[Page 20]]
Sec. 61.12 Compliance with standards and maintenance requirements.
(a) Compliance with numerical emission limits shall be determined by
emission tests established in Sec. 61.13 unless otherwise specified in
an individual subpart.
(b) Compliance with design, equipment, work practice or operational
standards shall be determined as specified in an individual subpart.
(c) The owner or operator of each stationary source shall maintain
and operate the source, including associated equipment for air pollution
control, in a manner consistent with good air pollution control practice
for minimizing emissions. Determination of whether acceptable operating
and maintenance procedures are being used will be based on information
available to the Administrator which may include, but is not limited to,
monitoring results, review of operating and maintenance procedures, and
inspection of the source.
(d)(1) If, in the Administrator's judgment, an alternative means of
emission limitation will achieve a reduction in emissions of a pollutant
from a source at least equivalent to the reduction in emissions of that
pollutant from that source achieved under any design, equipment, work
practice or operational standard, the Administrator will publish in the
Federal Register a notice permitting the use of the alternative means
for purposes of compliance with the standard. The notice will restrict
the permission to the source(s) or category(ies) of sources on which the
alternative means will achieve equivalent emission reductions. The
notice may condition permission on requirements related to the operation
and maintenance of the alternative means.
(2) Any notice under paragraph (d)(1) shall be published only after
notice and an opportunity for a hearing.
(3) Any person seeking permission under this subsection shall,
unless otherwise specified in the applicable subpart, submit a proposed
test plan or the results of testing and monitoring, a description of the
procedures followed in testing or monitoring, and a description of
pertinent conditions during testing or monitoring.
[50 FR 46292, Nov. 7, 1985]
Sec. 61.13 Emission tests and waiver of emission tests.
(a) If required to do emission testing by an applicable subpart and
unless a waiver of emission testing is obtained under this section, the
owner or operator shall test emissions from the source--
(1) Within 90 days after the effective date, for an existing source
or a new source which has an initial startup date before the effective
date; or
(2) Within 90 days after initial startup, for a new source which has
an initial startup date after the effective date.
(b) The Administrator may require an owner or operator to test
emissions from the source at any other time when the action is
authorized by section 114 of the Act.
(c) The owner or operator shall notify the Administrator of the
emission test at least 30 days before the emission test to allow the
Administrator the opportunity to have an observer present during the
test.
(d) If required to do emission testing, the owner or operator of
each new source and, at the request of the Administrator, the owner or
operator of each existing source shall provide emission testing
facilities as follows:
(1) Sampling ports adequate for test methods applicable to each
source.
(2) Safe sampling platform(s).
(3) Safe access to sampling platform(s).
(4) Utilities for sampling and testing equipment.
(5) Any other facilities that the Administrator needs to safely and
properly test a source.
(e) Each emission test shall be conducted under such conditions as
the Administrator shall specify based on design and operational
characteristics of the source.
(f) Unless otherwise specified in an applicable subpart, samples
shall be analyzed and emissions determined within 30 days after each
emission test has been completed. The owner or operator shall report the
determinations of the emission test to the Administrator
[[Page 21]]
by a registered letter sent before the close of business on the 31st day
following the completion of the emission test.
(g) The owner or operator shall retain at the source and make
available, upon request, for inspection by the Administrator, for a
minimum of 2 years, records of emission test results and other data
needed to determine emissions.
(h)(1) Emission tests shall be conducted as set forth in this
section, the applicable subpart and appendix B unless the
Administrator--
(i) Specifies or approves the use of a reference method with minor
changes in methodology; or
(ii) Approves the use of an alternative method; or
(iii) Waives the requirement for emission testing because the owner
or operator of a source has demonstrated by other means to the
Administrator's satisfaction that the source is in compliance with the
standard.
(2) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative method, he may require the use of a
reference method. If the results of the reference and alternative
methods do not agree, the results obtained by the reference method
prevail.
(3) The owner or operator may request approval for the use of an
alternative method at any time, except--
(i) For an existing source or a new source that had an initial
startup before the effective date, any request for use of an alternative
method during the initial emission test shall be submitted to the
Administrator within 30 days after the effective date, or with the
request for a waiver of compliance if one is submitted under
Sec. 60.10(b); or
(ii) For a new source that has an initial startup after the
effective date, any request for use of an alternative method during the
initial emission test shall be submitted to the Administrator no later
than with the notification of anticipated startup required under
Sec. 60.09.
(i)(1) Emission tests may be waived upon written application to the
Administrator if, in the Administrator's judgment, the source is meeting
the standard, or the source is being operated under a waiver or
compliance, or the owner or operator has requested a waiver of
compliance and the Administrator is still considering that request.
(2) If application for waiver of the emission test is made, the
application shall accompany the information required by Sec. 61.10 or
the notification of startup required by Sec. 61.09, whichever is
applicable. A possible format is contained in appendix A to this part.
(3) Approval of any waiver granted under this section shall not
abrogate the Administrator's authority under the Act or in any way
prohibit the Administrator from later cancelling the waiver. The
cancellation will be made only after notice is given to the owner or
operator of the source.
[50 FR 46292, Nov. 7, 1985]
Sec. 61.14 Monitoring requirements.
(a) Unless otherwise specified, this section applies to each
monitoring system required under each subpart which requires monitoring.
(b) Each owner or operator shall maintain and operate each
monitoring system as specified in the applicable subpart and in a manner
consistent with good air pollution control practice for minimizing
emissions. Any unavoidable breakdown or malfunction of the monitoring
system should be repaired or adjusted as soon as practicable after its
occurrence. The Administrator's determination of whether acceptable
operating and maintenance procedures are being used will be based on
information which may include, but not be limited to, review of
operating and maintenance procedures, manufacturer recommendations and
specifications, and inspection of the monitoring system.
(c) When required by the applicable subpart, and at any other time
the Administrator may require, the owner or operator of a source being
monitored shall conduct a performance evaluation of the monitoring
system and furnish the Administrator with a copy of a written report of
the results within 60 days of the evaluation. Such a performance
evaluation shall be conducted according to the applicable specifications
and procedures described in the applicable subpart. The owner or
operator of
[[Page 22]]
the source shall furnish the Administrator with written notification of
the date of the performance evaluation at least 30 days before the
evaluation is to begin.
(d) When the effluents from a single source, or from two or more
sources subject to the same emission standards, are combined before
being released to the atmosphere, the owner or operator shall install a
monitoring system on each effluent or on the combined effluent. If two
or more sources are not subject to the same emission standards, the
owner or operator shall install a separate monitoring system on each
effluent, unless otherwise specified. If the applicable standard is a
mass emission standard and the effluent from one source is released to
the atmosphere through more than one point, the owner or operator shall
install a monitoring system at each emission point unless the
installation of fewer systems is approved by the Administrator.
(e) The owner or operator of each monitoring system shall reduce the
monitoring data as specified in each applicable subpart. Monitoring data
recorded during periods of unavoidable monitoring system breakdowns,
repairs, calibration checks, and zero and span adjustments shall not be
included in any data average.
(f) The owner or operator shall maintain records of monitoring data,
monitoring system calibration checks, and the occurrence and duration of
any period during which the monitoring system is malfunctioning or
inoperative. These records shall be maintained at the source for a
minimum of 2 years and made available, upon request, for inspection by
the Administrator.
(g)(1) Monitoring shall be conducted as set forth in this section
and the applicable subpart unless the Administrator--
(i) Specifies or approves the use of the specified monitoring
requirements and procedures with minor changes in methodology; or
(ii) Approves the use of alternatives to any monitoring requirements
or procedures.
(2) If the Administrator finds reasonable grounds to dispute the
results obtained by an alternative monitoring method, the Administrator
may require the monitoring requirements and procedures specified in this
part.
[50 FR 46293, Nov. 7, 1985]
Sec. 61.15 Modification.
(a) Except as provided under paragraph (d) of this section, any
physical or operational change to a stationary source which results in
an increase in the rate of emission to the atmosphere of a hazardous
pollutant to which a standard applies shall be considered a
modification.
(b) Upon modification, an existing source shall become a new source
for each hazardous pollutant for which the rate of emission to the
atmosphere increases and to which a standard applies.
(c) Emission rate shall be expressed as kg/hr of any hazardous
pollutant discharged into the atmosphere for which a standard is
applicable. The Administrator shall use the following to determine the
emission rate:
(1) Emission factors as specified in the background information
document (BID) for the applicable standard, or in the latest issue of
``Compilation of Air Pollutant Emission Factors,'' EPA Publication No.
AP-42, or other emission factors determined by the Administrator to be
superior to AP-42 emission factors, in cases where use of emission
factors demonstrates that the emission rate will clearly increase or
clearly not increase as a result of the physical or operational change.
(2) Material balances, monitoring data, or manual emission tests in
cases where use of emission factors, as referenced in paragraph (c)(1)
of this section, does not demonstrate to the Administrator's
satisfaction that the emission rate will clearly increase or clearly not
increase as a result of the physical or operational change, or where an
interested person demonstrates to the Administrator's satisfaction that
there are reasonable grounds to dispute the result obtained by the
Administrator using emission factors. When the emission rate is based on
results from manual emission tests or monitoring data, the procedures
specified in appendix C of 40 CFR part 60 shall be used to determine
whether an increase in emission rate
[[Page 23]]
has occurred. Tests shall be conducted under such conditions as the
Administrator shall specify to the owner or operator. At least three
test runs must be conducted before and at least three after the physical
or operational change. If the Administrator approves, the results of the
emission tests required in Sec. 61.13(a) may be used for the test runs
to be conducted before the physical or operational change. All operating
parameters which may affect emissions must be held constant to the
maximum degree feasible for all test runs.
(d) The following shall not, by themselves, be considered
modifications under this part:
(1) Maintenance, repair, and replacement which the Administrator
determines to be routine for a source category.
(2) An increase in production rate of a stationary source, if that
increase can be accomplished without a capital expenditure on the
stationary source.
(3) An increase in the hours of operation.
(4) Any conversion to coal that meets the requirements specified in
section 111(a)(8) of the Act.
(5) The relocation or change in ownership of a stationary source.
However, such activities must be reported in accordance with
Sec. 61.10(c).
[50 FR 46294, Nov. 7, 1985]
Sec. 61.16 Availability of information.
The availability to the public of information provided to, or
otherwise obtained by, the Administrator under this part shall be
governed by part 2 of this chapter.
[38 FR 8826, Apr. 6, 1973. Redesignated at 50 FR 46294, Nov. 7, 1985]
Sec. 61.17 State authority.
(a) This part shall not be construed to preclude any State or
political subdivision thereof from--
(1) Adopting and enforcing any emission limiting regulation
applicable to a stationary source, provided that such emission limiting
regulation is not less stringent than the standards prescribed under
this part; or
(2) Requiring the owner or operator of a stationary source to obtain
permits, licenses, or approvals prior to initiating construction,
modification, or operation of the source.
[50 FR 46294, Nov. 7, 1985]
Sec. 61.18 Incorporations by reference.
The materials listed below are incorporated by reference in the
corresponding sections noted. These incorporations by reference were
approved by the Director of the Federal Register on the date listed.
These materials are incorporated as they exist on the date of the
approval, and a notice of any change in these materials will be
published in the Federal Register. The materials are available for
purchase at the corresponding address noted below, and all are available
for inspection at the Office of the Federal Register, 800 North Capitol
Street, NW., suite 700, Washington, DC and the Library (MD-35), U.S.
EPA, Research Triangle Park, North Carolina.
(a) The following material is available for purchase from at least
one of the following addresses: American Society for Testing and
Materials (ASTM), 1916 Race Street, Philadelphia, Pennsylvania 19103; or
University Microfilms International, 300 North Zeeb Road, Ann Arbor,
Michigan 48106.
(1) ASTM D737-75, Standard Test Method for Air Permeability of
Textile Fabrics, incorporation by reference (IBR) approved January 27,
1983, for Sec. 61.23(a).
(2) ASTM D 1193-77, Standard Specification for Reagent Water, IBR
approved for Method 101, par. 6.1.1; Method 101A, par. 6.1.1; Method
104, par. 3.1.2.
(3) ASTM D 2986-71 (Reapproved 1978), Standard Method for Evaluation
of Air, Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke
Test, IBR approved for Method 103, par. 2.1.3; Method 104, par. 3.1.1.
(4) ASTM D2267-68 (reapproved 1978) Aromatics in Light Naphthas and
Aviation Gasoline by Gas Chromatography, IBR approved June 6, 1984, for
Sec. 61.245(d)(1) and IBR approved September 30, 1986 for
Sec. 61.67(h)(1).
(5) ASTM D 2382-76, Heat of Combustion of Hydrocarbon Fuels by Bomb
Calorimeter (High-Precision Method), IBR approved June 6, 1984, for
Sec. 61.245(e)(3).
(6) ASTM D 2504-67 (Reapproved 1977), Noncondensable Gases in
C3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR
approved June 6, 1984, for Sec. 61.245(e)(3).
(7) ASTM D 836-84, Standard Specification for Industrial Grade
Benzene, IBR approved September 14, 1989, for Sec. 61.270(a).
[[Page 24]]
(8) ASTM D 835-85, Standard Specification for Refined Benzene-485,
IBR approved September 14, 1989, for Sec. 61.270(a).
(9) ASTM D 2359-85a, Standard Specification for Refined Benzene-535,
IBR approved September 14, 1989, for Sec. 61.270(a).
(10) ASTM D 4734-87, Standard Specification for Refined Benzene-545,
IBR approved September 14, 1989, for Sec. 61.270(a).
(11) ASTM E 50-82 (reapproved 1986), Standard Practices for
Apparatus Reagents, and Safety Precautions for Chemical Analysis of
Metals, IBR approved for Method 108C, par. 2.1.4.
(b) The following material is available from the U.S. EPA
Environmental Monitoring and Support Laboratory, Cincinnati, Ohio 45268.
(1) Method 601, Test Method for Purgeable Halocarbons, July 1982,
IBR approved September 30, 1986, for Sec. 61.67(g)(2).
(c) The following material is available for purchase from the
American National Standards Institute, Inc., 1430 Broadway, New York, NY
10018.
(1) ANSI N13.1--1969, ``Guide to Sampling Airborne Radioactive
Materials in Nuclear Facilities.'' IBR approved for
Secs. 61.93(b)(2)(ii); 61.107(b)(2)(ii); and Method 114, par. 2.1 of
appendix B to part 61.
(d) The following material is available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402-9325,
telephone (202) 783-3238.
(1) Test Methods for Evaluating Solid Waste, Physical/Chemical
Methods, EPA Publication SW-846, Third Edition, November 1986, as
amended by Revision I, December 1987, Order Number 955-001-00000-1:
(i) Method 8020, Aromatic Volatile Organics, IBR approved March 7,
1990, for Sec. 61.355(c)(2)(iv)(A).
(ii) Method 8021, Volatile Organic Compounds in Water by Purge and
Trap Capillary Column Gas Chromatography with Photoionization and
Electrolytic Conductivity Detectors in Series, IBR approved March 7,
1990, for Sec. 61.355(c)(2)(iv)(B).
(iii) Method 8240, Gas Chromatography/Mass Spectrometry for Volatile
Organics, IBR approved March 7, 1990, for Sec. 61.355(c)(2)(iv)(C).
(iv) Method 8260, Gas Chromatography/Mass Spectrometry for Volatile
Organics: Capillary Column Technique, IBR approved March 7, 1990, for
Sec. 61.355(c)(2)(iv)(D).
[48 FR 3740, Jan. 27, 1983, as amended at 48 FR 55266, Dec. 9, 1983; 49
FR 23520, June 6, 1984; 51 FR 34914, Sept. 30, 1986; 54 FR 38073, Sept.
14, 1989; 54 FR 51704, Dec. 15, 1989; 55 FR 8341, Mar. 7, 1990; 55 FR
18331, May 2, 1990; 55 FR 22027, May 31, 1990; 55 FR 32914, Aug. 13,
1990]
Sec. 61.19 Circumvention.
No owner or operator shall build, erect, install, or use any article
machine, equipment, process, or method, the use of which conceals an
emission which would otherwise constitute a violation of an applicable
standard. Such concealment includes, but is not limited to, the use of
gaseous dilutants to achieve compliance with a visible emissions
standard, and the piecemeal carrying out of an operation to avoid
coverage by a standard that applies only to operations larger than a
specified size.
[40 FR 48299, Oct. 14, 1975. Redesignated at 50 FR 46294, Nov. 7, 1985]
Subpart B--National Emission Standards for Radon Emissions From
Underground Uranium Mines
Source: 54 FR 51694, Dec. 15, 1989, unless otherwise noted.
Sec. 61.20 Designation of facilities.
The provisions of this subpart are applicable to the owner or
operator of an active underground uranium mine which:
(a) Has mined, will mine or is designed to mine over 100,000 tons of
ore during the life of the mine; or
(b) Has had or will have an annual ore production rate greater than
10,000 tons, unless it can be demonstrated to EPA that the mine will not
exceed total ore production of 100,000 tons during the life of the mine.
Sec. 61.21 Definitions.
As used in this subpart, all terms not defined here have the meaning
given them in the Clean Air Act or subpart A of part 61. The following
terms shall have the following specific meanings:
(a) Active mine means an underground uranium mine which is being
ventilated to allow workers to enter the mine for any purpose.
(b) Effective dose equivalent means the sum of the products of
absorbed dose and appropriate factors to account for differences in
biological effectiveness due to the quality of radiation and its
distribution in the body of reference man. The unit of the effective
dose
[[Page 25]]
equivalent is the rem. The method for calculating effective dose
equivalent and the definition of reference man are outlined in the
International Commission on Radiological Protection's Publication No.
26.
(c) Underground uranium mine means a man-made underground excavation
made for the purpose of removing material containing uranium for the
principal purpose of recovering uranium.
Sec. 61.22 Standard.
Emissions of radon-222 to the ambient air from an underground
uranium mine shall not exceed those amounts that would cause any member
of the public to receive in any year an effective dose equivalent of 10
mrem/y.
Sec. 61.23 Determining compliance.
(a) Compliance with the emission standard in this subpart shall be
determined and the effective dose equivalent calculated by the EPA
computer code COMPLY-R. An underground uranium mine owner or operator
shall calculate the source terms to be used for input into COMPLY-R by
conducting testing in accordance with the procedures described in
appendix B, Method 115, or
(b) Owners or operators may demonstrate compliance with the emission
standard in this subpart through the use of computer models that are
equivalent to COMPLY-R provided that the model has received prior
approval from EPA headquarters. EPA may approve a model in whole or in
part and may limit its use to specific circumstances.
Sec. 61.24 Annual reporting requirements.
(a) The mine owner or operator shall annually calculate and report
the results of the compliance calculations in Sec. 61.23 and the input
parameters used in making the calculation. Such report shall cover the
emissions of a calendar year and shall be sent to EPA by March 31 of the
following year. Each report shall also include the following
information:
(1) The name and location of the mine.
(2) The name of the person responsible for the operation of the
facility and the name of the person preparing the report (if different).
(3) The results of the emissions testing conducted and the dose
calculated using the procedures in Sec. 61.23.
(4) A list of the stacks or vents or other points where radioactive
materials are released to the atmosphere, including their location,
diameter, flow rate, effluent temperature and release height.
(5) A description of the effluent controls that are used on each
stack, vent, or other release point and the effluent controls used
inside the mine, and an estimate of the efficiency of each control
method or device.
(6) Distances from the points of release to the nearest residence,
school, business or office and the nearest farms producing vegetables,
milk, and meat.
(7) The values used for all other user-supplied input parameters for
the computer models (e.g., meteorological data) and the source of these
data.
(8) Each report shall be signed and dated by a corporate officer in
charge of the facility and contain the following declaration immediately
above the signature line: ``I certify under penalty of law that I have
personally examined and am familiar with the information submitted
herein and based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the submitted
information is true, accurate and complete. I am aware that there are
significant penalties for submitting false information including the
possibility of fine and imprisonment. See, 18 U.S.C. 1001.''
(b) lf the facility is not in compliance with the emission standard
of Sec. 61.22 in the calendar year covered by the report, the facility
must then commence reporting to the Administrator on a monthly basis the
information listed in paragraph (a) of this section for the preceding
month. These reports will start the month immediately following the
submittal of the annual report for the year in noncompliance and will be
due 30 days following the end of each month. This increased level of
reporting will continue until the Administrator has determined that the
monthly reports are no longer necessary. In addition to all the
information required in paragraph (a) of this section, monthly reports
shall also include the following information:
[[Page 26]]
(1) All controls or other changes in operation of the facility that
will be or are being installed to bring the facility into compliance.
(2) If the facility is under a judicial or administrative
enforcement decree the report will describe the facilities performance
under the terms of the decree.
(c) The first report will cover the emissions of calendar year 1990.
Sec. 61.25 Recordkeeping requirements.
The owner or operator of a mine must maintain records documenting
the source of input parameters including the results of all measurements
upon which they are based, the calculations and/or analytical methods
used to derive values for input parameters, and the procedure used to
determine compliance. In addition, the documentation should be
sufficient to allow an independent auditor to verify the accuracy of the
determination made concerning the facility's compliance with the
standard. These records must be kept at the mine or by the owner or
operator for at least five years and upon request be made available for
inspection by the Administrator, or his authorized representative.
Sec. 61.26 Exemption from the reporting and testing requirements of 40 CFR 61.10.
All facilities designated under this subpart are exempt from the
reporting requirements of 40 CFR 61.10.
Subpart C--National Emission Standard for Beryllium
Sec. 61.30 Applicability.
The provisions of this subpart are applicable to the following
stationary sources:
(a) Extraction plans, ceramic plants, foundries, incinerators, and
propellant plants which process beryllium ore, beryllium, beryllium
oxide, beryllium alloys, or beryllium-containing waste.
(b) Machine shops which process beryllium, beryllium oxides, or any
alloy when such alloy contains more than 5 percent beryllium by weight.
Sec. 61.31 Definitions.
Terms used in this subpart are defined in the act, in subpart A of
this part, or in this section as follows:
(a) Beryllium means the element beryllium. Where weights or
concentrations are specified, such weights or concentrations apply to
beryllium only, excluding the weight or concentration of any associated
elements.
(b) Extraction plant means a facility chemically processing
beryllium ore to beryllium metal, alloy, or oxide, or performing any of
the intermediate steps in these processes.
(c) Beryllium ore means any naturally occurring material mined or
gathered for its beryllium content.
(d) Machine shop means a facility performing cutting, grinding,
turning, honing, milling, deburring, lapping, electrochemical machining,
etching, or other similar operations.
(e) Ceramic plant means a manufacturing plant producing ceramic
items.
(f) Foundry means a facility engaged in the melting or casting of
beryllium metal or alloy.
(g) Beryllium-containing waste means material contaminated with
beryllium and/or beryllium compounds used or generated during any
process or operation performed by a source subject to this subpart.
(h) Incinerator means any furnace used in the process of burning
waste for the primary purpose of reducing the volume of the waste by
removing combustible matter.
(i) Propellant means a fuel and oxidizer physically or chemically
combined which undergoes combustion to provide rocket propulsion.
(j) Beryllium alloy means any metal to which beryllium has been
added in order to increase its beryllium content and which contains more
than 0.1 percent beryllium by weight.
(k) Propellant plant means any facility engaged in the mixing,
casting, or machining of propellant.
Sec. 61.32 Emission standard.
(a) Emissions to the atmosphere from stationary sources subject to
the provisions of this subpart shall not exceed 10 grams of beryllium
over a 24-hour period, except as provided in paragraph (b) of this
section.
[[Page 27]]
(b) Rather than meet the requirement of paragraph (a) of this
section, an owner or operator may request approval from the
Administrator to meet an ambient concentration limit on beryllium in the
vicinity of the stationary source of 0.01 g/m3, averaged
over a 30-day period.
(1) Approval of such requests may be granted by the Administrator
provided that:
(i) At least 3 years of data is available which in the judgment of
the Administrator demonstrates that the future ambient concentrations of
beryllium in the vicinity of the stationary source will not exceed 0.01
g/m3, averaged over a 30-day period. Such 3-year period
shall be the 3 years ending 30 days before the effective date of this
standard.
(ii) The owner or operator requests such approval in writing within
30 days after the effective date of this standard.
(iii) The owner or operator submits a report to the Administrator
within 45 days after the effective date of this standard which report
includes the following information:
(a) Description of sampling method including the method and
frequency of calibration.
(b) Method of sample analysis.
(c) Averaging technique for determining 30-day average
concentrations.
(d) Number, identity, and location (address, coordinates, or
distance and heading from plant) of sampling sites.
(e) Ground elevations and height above ground of sampling inlets.
(f) Plant and sampling area plots showing emission points and
sampling sites. Topographic features significantly affecting dispersion
including plant building heights and locations shall be included.
(g) Information necessary for estimating dispersion including stack
height, inside diameter, exit gas temperature, exit velocity or flow
rate, and beryllium concentration.
(h) A description of data and procedures (methods or models) used to
design the air sampling network (i.e., number and location of sampling
sites).
(i) Air sampling data indicating beryllium concentrations in the
vicinity of the stationary source for the 3-year period specified in
paragraph (b)(1) of this section. This data shall be presented
chronologically and include the beryllium concentration and location of
each individual sample taken by the network and the corresponding 30-day
average beryllium concentrations.
(2) Within 60 days after receiving such report, the Administrator
will notify the owner or operator in writing whether approval is granted
or denied. Prior to denying approval to comply with the provisions of
paragraph (b) of this section, the Administrator will consult with
representatives of the statutory source for which the demonstration
report was submitted.
(c) The burning of beryllium and/or beryllium-containing waste,
except propellants, is prohibited except in incinerators, emissions from
which must comply with the standard.
Sec. 61.33 Stack sampling.
(a) Unless a waiver of emission testing is obtained under
Sec. 61.13, each owner or operator required to comply with Sec. 61.32(a)
shall test emissions from the source according to Method 104 of appendix
B to this part. Method 103 of appendix B to this part is approved by the
Administrator as an alternative method for sources subject to
Sec. 61.32(a). The emission test shall be performed--
(1) Within 90 days of the effective date in the case of an existing
source or a new source which has an initial startup date preceding the
effective date; or
(2) Within 90 days of startup in the case of a new source which did
not have an initial startup date preceding the effective date.
(b) The Administrator shall be notified at least 30 days prior to an
emission test so that he may at his option observe the test.
(c) Samples shall be taken over such a period or periods as are
necessary to accurately determine the maximum emissions which will occur
in any 24-hour period. Where emissions depend upon the relative
frequency of operation of different types of processes, operating hours,
operating capacities, or other factors, the calculation of maximum 24-
hour-period emissions will be based on that combination of factors which
is likely to occur during
[[Page 28]]
the subject period and which result in the maximum emissions. No changes
in the operation shall be made, which would potentially increase
emissions above that determined by the most recent source test, until a
new emission level has been estimated by calculation and the results
reported to the Administrator.
(d) All samples shall be analyzed and beryllium emissions shall be
determined within 30 days after the source test. All determinations
shall be reported to the Administrator by a registered letter dispatched
before the close of the next business day following such determination.
(e) Records of emission test results and other data needed to
determine total emissions shall be retained at the source and made
available, for inspection by the Administrator, for a minimum of 2
years.
[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46294, Nov. 7, 1985]
Sec. 61.34 Air sampling.
(a) Stationary sources subject to Sec. 61.32(b) shall locate air
sampling sites in accordance with a plan approved by the Administrator.
Such sites shall be located in such a manner as is calculated to detect
maximum concentrations of beryllium in the ambient air.
(b) All monitoring sites shall be operated continuously except for a
reasonable time allowance for instrument maintenance and calibration,
for changing filters, or for replacement of equipment needing major
repair.
(c) Filters shall be analyzed and concentrations calculated within
30 days after filters are collected. Records of concentrations at all
sampling sites and other data needed to determine such concentrations
shall be retained at the source and made available, for inspection by
the Administrator, for a minimum of 2 years.
(d) Concentrations measured at all sampling sites shall be reported
to the Administrator every 30 days by a registered letter.
(e) The Administrator may at any time require changes in, or
expansion of, the sampling network.
Subpart D--National Emission Standard for Beryllium Rocket Motor Firing
Sec. 61.40 Applicability.
The provisions of this subpart are applicable to rocket motor test
sites.
Sec. 61.41 Definitions.
Terms used in this subpart are defined in the Act, in subpart A of
this part, or in this section as follows:
(a) Rocket motor test site means any building, structure, facility,
or installation where the static test firing of a beryllium rocket motor
and/or the disposal of beryllium propellant is conducted.
(b) Beryllium propellant means any propellant incorporating
beryllium.
Sec. 61.42 Emission standard.
(a) Emissions to the atmosphere from rocket-motor test sites shall
not cause time-weighted atmospheric concentrations of beryllium to
exceed 75 microgram minutes per cubic meter of air within the limits of
10 to 60 minutes, accumulated during any 2 consecutive weeks, in any
area in which an effect adverse to public health could occur.
(b) If combustion products from the firing of beryllium propellant
are collected in a closed tank, emissions from such tank shall not
exceed 2 grams per hour and a maximum of 10 grams per day.
Sec. 61.43 Emission testing--rocket firing or propellant disposal.
(a) Ambient air concentrations shall be measured during and after
firing of a rocket motor or propellant disposal and in such a manner
that the effect of these emissions can be compared with the standard.
Such sampling techniques shall be approved by the Administrator.
(b) All samples shall be analyzed and results shall be calculated
within 30 days after samples are taken and before any subsequent rocket
motor firing or propellant disposal at the given site. All results shall
be reported to the Administrator by a registered letter dispatched
before the close of the next business day following determination of
such results.
[[Page 29]]
(c) Records of air sampling test results and other data needed to
determine integrated intermittent concentrations shall be retained at
the source and made available, for inspection by the Administrator, for
a minimum of 2 years.
(d) The Administrator shall be notified at least 30 days prior to an
air sampling test, so that he may at his option observe the test.
Sec. 61.44 Stack sampling.
(a) Sources subject to Sec. 61.42(b) shall be continuously sampled,
during release of combustion products from the tank, according to Method
104 of appendix B to this part. Method 103 of appendix B to this part is
approved by the Administrator as an alternative method for sources
subject to Sec. 61.42(b).
(b) All samples shall be analyzed, and beryllium emissions shall be
determined within 30 days after samples are taken and before any
subsequent rocket motor firing or propellant disposal at the given site.
All determinations shall be reported to the Administrator by a
registered letter dispatched before the close of the next business day
following such determinations.
(c) Records of emission test results and other data needed to
determine total emissions shall be retained at the source and made
available, for inspection by the Administrator, for a minimum of 2
years.
(d) The Administrator shall be notified at least 30 days prior to an
emission test, so that he may at his option observe the test.
[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46294, Nov. 7, 1985]
Subpart E--National Emission Standard for Mercury
Sec. 61.50 Applicability.
The provisions of this subpart are applicable to those stationary
sources which process mercury ore to recover mercury, use mercury chlor-
alkali cells to produce chlorine gas and alkali metal hydroxide, and
incinerate or dry wastewater treatment plant sludge.
[40 FR 48302, Oct. 14, 1975]
Sec. 61.51 Definitions.
Terms used in this subpart are defined in the act, in subpart A of
this part, or in this section as follows:
(a) Mercury means the element mercury, excluding any associated
elements, and includes mercury in particulates, vapors, aerosols, and
compounds.
(b) Mercury ore means a mineral mined specifically for its mercury
content.
(c) Mercury ore processing facility means a facility processing
mercury ore to obtain mercury.
(d) Condenser stack gases mean the gaseous effluent evolved from the
stack of processes utilizing heat to extract mercury metal from mercury
ore.
(e) Mercury chlor-alkali cell means a device which is basically
composed of an electrolyzer section and a denuder (decomposer) section
and utilizes mercury to produce chlorine gas, hydrogen gas, and alkali
metal hydroxide.
(f) Mercury chlor-alkali electrolyzer means an electrolytic device
which is part of a mercury chlor-alkali cell and utilizes a flowing
mercury cathode to produce chlorine gas and alkali metal amalgam.
(g) Denuder means a horizontal or vertical container which is part
of a mercury chlor-alkali cell and in which water and alkali metal
amalgam are converted to alkali metal hydroxide, mercury, and hydrogen
gas in a short-circuited, electrolytic reaction.
(h) Hydrogen gas stream means a hydrogen stream formed in the chlor-
alkali cell denuder.
(i) End box means a container(s) located on one or both ends of a
mercury chlor-alkali electrolyzer which serves as a connection between
the electrolyzer and denuder for rich and stripped amalgam.
(j) End box ventilation system means a ventilation system which
collects mercury emissions from the end-boxes, the mercury pump sumps,
and their water collection systems.
(k) Cell room means a structure(s) housing one or more mercury
electrolytic chlor-alkali cells.
(l) Sludge means sludge produced by a treatment plant that processes
municipal or industrial waste waters.
[[Page 30]]
(m) Sludge dryer means a device used to reduce the moisture content
of sludge by heating to temperatures above 65 deg.C (ca. 150 deg.F)
directly with combustion gases.
[38 FR 8826, Apr. 6, 1973, as amended at 40 FR 48302, Oct. 14, 1975]
Sec. 61.52 Emission standard.
(a) Emissions to the atmosphere from mercury ore processing
facilities and mercury cell chlor-alkali plants shall not exceed 2300
grams of mercury per 24-hour period.
(b) Emissions to the atmosphere from sludge incineration plants,
sludge drying plants, or a combination of these that process wastewater
treatment plant sludges shall not exceed 3200 grams of mercury per 24-
hour period.
[40 FR 48302, Oct. 14, 1975]
Sec. 61.53 Stack sampling.
(a) Mercury ore processing facility. (1) Unless a waiver of emission
testing is obtained under Sec. 61.13, each owner or operator processing
mercury ore shall test emissions from the source according to Method 101
of appendix B to this part. The emission test shall be performed--
(i) Within 90 days of the effective date in the case of an existing
source or a new source which has an initial start-up date preceding the
effective date; or
(ii) Within 90 days of startup in the case of a new source which did
not have an initial startup date preceding the effective date.
(2) The Administrator shall be notified at least 30 days prior to an
emission test, so that he may at his option observe the test.
(3) Samples shall be taken over such a period or periods as are
necessary to accurately determine the maximum emissions which will occur
in a 24-hour period. No changes in the operation shall be made, which
would potentially increase emissions above that determined by the most
recent source test, until the new emission level has been estimated by
calculation and the results reported to the Administrator.
(4) All samples shall be analyzed and mercury emissions shall be
determined within 30 days after the stack test. Each determination shall
be reported to the Administrator by a registered letter dispatched
within 15 calendar days following the date such determination is
completed.
(5) Records of emission test results and other data needed to
determine total emissions shall be retained at the source and made
available, for inspection by the Administrator, for a minimum of 2
years.
(b) Mercury chlor-alkali plant--hydrogen and end-box ventilation gas
streams. (1) Unless a waiver of emission testing is obtained under
Sec. 61.13, each owner or operator employing mercury chlor-alkali
cell(s) shall test emissions from hydrogen streams according to Method
102 and from end-box ventilation gas streams according to Method 101 of
appendix B to this part. The emission test shall be performed--
(i) Within 90 days of the effective date in the case of an existing
source or a new source which has an initial startup date preceding the
effective date; or
(ii) Within 90 days of startup in the case of a new source which did
not have an initial startup date preceding the effective date.
(2) The Administrator shall be notified at least 30 days prior to an
emission test, so that he may at his option observe the test.
(3) Samples shall be taken over such a period or periods as are
necessary to accurately determine the maximum emissions which will occur
in a 24-hour period. No changes in the operation shall be made, which
would potentially increase emissions above that determined by the most
recent source test, until the new emission has been estimated by
calculation and the results reported to the Administrator.
(4) All samples shall be analyzed and mercury emissions shall be
determined within 30 days after the stack test. Each determination shall
be reported to the Administrator by a registered letter dispatched
within 15 calendar days following the date such determination is
completed.
(5) Records of emission test results and other data needed to
determine total emissions shall be retained at the
[[Page 31]]
source and made available, for inspection by the Administrator, for a
minimum of 2 years.
(c) Mercury chlor-alkali plants--cell room ventilation system. (1)
Stationary sources using mercury chlor-alkali cells may test cell room
emissions in accordance with paragraph (c)(2) of this section or
demonstrate compliance with paragraph (c)(4) of this section and assume
ventilation emissions of 1,300 gms/day of mercury.
(2) Unless a waiver of emission testing is obtained under
Sec. 61.13, each owner or operator shall pass all cell room air in force
gas streams through stacks suitable for testing and shall test emissions
from the source according to Method 101 in appendix B to this part. The
emission test shall be performed--
(i) Within 90 days of the effective date in the case of an existing
source or a new source which has an initial startup date preceding the
effective date; or
(ii) Within 90 days of startup in the case of a new source which did
not have an initial startup date preceding the effective date.
(3) The Administrator shall be notified at least 30 days prior to an
emission test, so that he may at his option observe the test.
(4) An owner or operator may carry out approved design, maintenance,
and housekeeping practices. A list of approved practices is provided in
appendix A of ``Review of National Emission Standards for Mercury,''
EPA-450/3-84-014a, December 1984. Copies are available from EPA's
Central Docket Section, Docket item number A-84-41, III-B-1.
(d) Sludge incineration and drying plants. (1) Unless a waiver of
emission testing is obtained under Sec. 61.13, each owner or operator of
a source subject to the standard in Sec. 61.52(b) shall test emissions
from that source. Such tests shall be conducted in accordance with the
procedures set forth either in paragraph (d) of this section or in
Sec. 61.54.
(2) Method 101A in appendix B to this part shall be used to test
emissions as follows:
(i) The test shall be performed within 90 days of the effective date
of these regulations in the case of an existing source or a new source
which has an initial startup date preceding the effective date.
(ii) The test shall be performed within 90 days of startup in the
case of a new source which did not have an initial startup date
preceding the effective date.
(3) The Administrator shall be notified at least 30 days prior to an
emission test, so that he may at his option observe the test.
(4) Samples shall be taken over such a period or periods as are
necessary to determine accurately the maximum emissions which will occur
in a 24-hour period. No changes shall be made in the operation which
would potentially increase emissions above the level determined by the
most recent stack test, until the new emission level has been estimated
by calculation and the results reported to the Administrator.
(5) All samples shall be analyzed and mercury emissions shall be
determined within 30 days after the stack test. Each determination shall
be reported to the Administrator by a registered letter dispatched
within 15 calendar days following the date such determination is
completed.
(6) Records of emission test results and other data needed to
determine total emissions shall be retained at the source and shall be
made available, for inspection by the Administrator, for a minimum of 2
years.
[38 FR 8826, Apr. 6, 1973, as amended at 40 FR 48302, Oct. 14, 1975; 47
FR 24704, June 8, 1982; 50 FR 46294, Nov. 7, 1985; 52 FR 8726, Mar. 19,
1987]
Sec. 61.54 Sludge sampling.
(a) As an alternative means for demonstrating compliance with
Sec. 61.52(b), an owner or operator may use Method 105 of appendix B and
the procedures specified in this section.
(1) A sludge test shall be conducted within 90 days of the effective
date of these regulations in the case of an existing source or a new
source which has an initial startup date preceding the effective date;
or
(2) A sludge test shall be conducted within 90 days of startup in
the case of a new source which did not have an initial startup date
preceding the effective date.
[[Page 32]]
(b) The Administrator shall be notified at least 30 days prior to a
sludge sampling test, so that he may at his option observe the test.
(c) Sludge shall be sampled according to paragraph (c)(1) of this
section, sludge charging rate for the plant shall be determined
according to paragraph (c)(2) of this section, and the sludge analysis
shall be performed according to paragraph (c)(3) of this section.
(1) The sludge shall be sampled according to Method 105--
Determination of Mercury in Wastewater Treatment Plant Sewage Sludges. A
total of three composite samples shall be obtained within an operating
period of 24 hours. When the 24-hour operating period is not continuous,
the total sampling period shall not exceed 72 hours after the first grab
sample is obtained. Samples shall not be exposed to any condition that
may result in mercury contamination or loss.
(2) The maximum 24-hour period sludge incineration or drying rate
shall be determined by use of a flow rate measurement device that can
measure the mass rate of sludge charged to the incinerator or dryer with
an accuracy of plus-minus5 percent over its operating range. Other
methods of measuring sludge mass charging rates may be used if they have
received prior approval by the Administrator.
(3) The sampling, handling, preparation, and analysis of sludge
samples shall be accomplished according to Method 105 in appendix B of
this part.
(d) The mercury emissions shall be determined by use of the
following equation.
MQ Fsm(avg)
EHg= -------------------------
1000
where:
EHg=Mercury emissions, g/day.
M=Mercury concentration of sludge on a dry solids basis, g/g.
Q=Sludge changing rate, kg/day.
Fsm=Weight fraction of solids in the collected sludge after mixing.
1000=Conversion factor, kg g/g\2\.
(e) No changes in the operation of a plant shall be made after a
sludge test has been conducted which would potentially increase
emissions above the level determined by the most recent sludge test,
until the new emission level has been estimated by calculation and the
results reported to the Administrator.
(f) All sludge samples shall be analyzed for mercury content within
30 days after the sludge sample is collected. Each determination shall
be reported to the Administrator by a registered letter dispatched
within 15 calendar days following the date such determination is
completed.
(g) Records of sludge sampling, charging rate determination and
other data needed to determine mercury content of wastewater treatment
plant sludges shall be retained at the source and made available, for
inspection by the Administrator, for a minimum of 2 years.
[40 FR 48303, Oct. 14, 1975, as amended at 49 FR 35770, Sept. 12, 1984;
52 FR 8727, Mar. 19, 1987; 53 FR 36972, Sept. 23, 1988]
Sec. 61.55 Monitoring of emissions and operations.
(a) Wastewater treatment plant sludge incineration and drying
plants. All the sources for which mercury emissions exceed 1,600 g per
24-hour period, demonstrated either by stack sampling according to
Sec. 61.53 or sludge sampling according to Sec. 61.54, shall monitor
mercury emissions at intervals of at least once per year by use of
Method 105 of appendix B or the procedures specified in Sec. 61.53 (d)
(2) and (4). The results of monitoring shall be reported and retained
according to Sec. 61.53(d) (5) and (6) or Sec. 61.54 (f) and (g).
(b) Mercury cell chlor-alkali plants--hydrogen and end-box
ventilation gas streams. (1) The owner or operator of each mercury cell
chlor-alkali plant shall, within 1 year of the date of publication of
these amendments or within 1 year of startup for a plant with initial
startup after the date of publication, perform a mercury emission test
that demonstrates compliance with the
[[Page 33]]
emission limits in Sec. 61.52, on the hydrogen stream by Reference
Method 102 and on the end-box stream by Reference Method 101 for the
purpose of establishing limits for parameters to be monitored.
(2) During tests specified in paragraph (b)(1) of this section, the
following control device parameters shall be monitored, except as
provided in paragraph (c) of this section, and recorded manually or
automatically at least once every 15 minutes:
(i) The exit gas temperature from uncontrolled streams;
(ii) The outlet temperature of the gas stream for the final (i.e.,
the farthest downstream) cooling system when no control devices other
than coolers and demisters are used;
(iii) The outlet temperature of the gas stream from the final
cooling system when the cooling system is followed by a molecular sieve
or carbon adsorber;
(iv) Outlet concentration of available chlorine, pH, liquid flow
rate, and inlet gas temperature of chlorinated brine scrubbers and
hypochlorite scrubbers;
(v) The liquid flow rate and exit gas temperature for water
scrubbers;
(vi) The inlet gas temperature of carbon adsorption systems; and
(vii) The temperature during the heating phase of the regeneration
cycle for carbon adsorbers or molecular sieves.
(3) The recorded parameters in paragraphs (b)(2)(i) through
(b)(2)(vi) of this section shall be averaged over the test period (a
minimum of 6 hours) to provide an average number. The highest
temperature reading that is measured in paragraph (b)(2)(vii) of this
section is to be identified as the reference temperature for use in
paragraph (b)(6)(ii) of this section.
(4)(i) Immediately following completion of the emission tests
specified in paragraph (b)(1) of this section, the owner or operator of
a mercury cell chlor-alkali plant shall monitor and record manually or
automatically at least once per hour the same parameters specified in
paragraphs (b)(2)(i) through (b)(2)(vi) of this section.
(ii) Immediately following completion of the emission tests
specified in paragraph (b)(1) of this section, the owner or operator
shall monitor and record manually or automatically, during each heating
phase of the regeneration cycle, the temperature specified in paragraph
(b)(2)(vii) of this section.
(5) Monitoring devices used in accordance with paragraphs (b)(2) and
(b)(4) of this section shall be certified by their manufacturer to be
accurate to within 10 percent, and shall be operated, maintained, and
calibrated according to the manufacturer's instructions. Records of the
certifications and calibrations shall be retained at the chlor-alkali
plant and made available for inspection by the Administrator as follows:
Certification, for as long as the device is used for this purpose;
calibration for a minimum of 2 years.
(6)(i) When the hourly value of a parameter monitored in accordance
with paragraph (b)(4)(i) of this section exceeds, or in the case of
liquid flow rate and available chlorine falls below the value of that
same parameter determined in paragraph (b)(2) of this section for 24
consecutive hours, the Administrator is to be notified within the next
10 days.
(ii) When the maximum hourly value of the temperature measured in
accordance with paragraph (b)(4)(ii) of this section is below the
reference temperature recorded according to paragraph (b)(3) of this
section for three consecutive regeneration cycles, the Administrator is
to be notified within the next 10 days.
(7) Semiannual reports shall be submitted to the Administrator
indicating the time and date on which the hourly value of each parameter
monitored according to paragraphs (b)(4)(i) and (b)(4)(ii) of this
section fell outside the value of that same parameter determined under
paragraph (b)(3) of this section; and corrective action taken, and the
time and date of the corrective action. Parameter excursions will be
considered unacceptable operation and maintenance of the emission
control system. In addition, while compliance with the emission limits
is determined primarily by conducting a performance test according to
the procedures in Sec. 61.53(b), reports of parameter excursions may be
used as evidence in judging the duration of a violation that is
determined by a performance test.
[[Page 34]]
(8) Semiannual reports required in paragraph (b)(7) of this section
shall be submitted to the Administrator on September 15 and March 15 of
each year. The first semiannual report is to be submitted following the
first full 6 month reporting period. The semiannual report due on
September 15 (March 15) shall include all excursions monitored through
August 31 (February 28) of the same calendar year.
(c) As an alternative to the monitoring, recordkeeping, and
reporting requirements in paragraphs (b)(2) through (8) of this section,
an owner or operator may develop and submit for the Administrator's
review and approval a plant-specific monitoring plan. To be approved,
such a plan must ensure not only compliance with the emission limits of
Sec. 61.52(a) but also proper operation and maintenance of emissions
control systems. Any site-specific monitoring plan submitted must, at a
minimum, include the following:
(1) Identification of the critical parameter or parameters for the
hydrogen stream and for the end-box ventilation stream that are to be
monitored and an explanation of why the critical parameter(s) selected
is the best indicator of proper control system performance and of
mercury emission rates.
(2) Identification of the maximum or minimum value of each parameter
(e.g., degrees temperature, concentration of mercury) that is not to be
exceeded. The level(s) is to be directly correlated to the results of a
performance test, conducted no more than 180 days prior to submittal of
the plan, when the facility was in compliance with the emission limits
of Sec. 61.52(a).
(3) Designation of the frequency for recording the parameter
measurements, with justification if the frequency is less than hourly. A
longer recording frequency must be justified on the basis of the amount
of time that could elapse during periods of process or control system
upsets before the emission limits would be exceeded, and consideration
is to be given to the time that would be necessary to repair the
failure.
(4) Designation of the immediate actions to be taken in the event of
an excursion beyond the value of the parameter established in 2.
(5) Provisions for reporting, semiannually, parameter excursions and
the corrective actions taken, and provisions for reporting within 10
days any significant excursion.
(6) Identification of the accuracy of the monitoring device(s) or of
the readings obtained.
(7) Recordkeeping requirements for certifications and calibrations.
(d) Mercury cell chlor-alkali plants--cell room ventilation system.
(1) Stationary sources determining cell room emissions in accordance
with Sec. 61.53(c)(4) shall maintain daily records of all leaks or
spills of mercury. The records shall indicate the amount, location,
time, and date the leaks or spills occurred, identify the cause of the
leak or spill, state the immediate steps taken to minimize mercury
emissions and steps taken to prevent future occurrences, and provide the
time and date on which corrective steps were taken.
(2) The results of monitoring shall be recorded, retained at the
source, and made available for inspection by the Administrator for a
minimum of 2 years.
[52 FR 8727, Mar. 19, 1987]
Sec. 61.56 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under section 112(d) of the Act, the authorities contained in
paragraph (b) of this section shall be retained by the Administrator and
not transferred to a State.
(b) Authorities which will not be delegated to States: Sections
61.53(c)(4) and 61.55(d). The authorities not delegated to States listed
are in addition to the authorities in the General Provisions, subpart A
of 40 CFR part 61, that will not be delegated to States (Secs. 61.04(b),
61.12(d)(1), and 61.13(h)(1)(ii)).
[52 FR 8728, Mar. 19, 1987]
Subpart F--National Emission Standard for Vinyl Chloride
Source: 41 FR 46564, Oct. 21, 1976, unless otherwise noted.
[[Page 35]]
Sec. 61.60 Applicability.
(a) This subpart applies to plants which produce:
(1) Ethylene dichloride by reaction of oxygen and hydrogen chloride
with ethylene,
(2) Vinyl chloride by any process, and/or
(3) One or more polymers containing any fraction of polymerized
vinyl chloride.
(b) This subpart does not apply to equipment used in research and
development if the reactor used to polymerize the vinyl chloride
processed in the equipment has a capacity of no more than 0.19 m3
(50 gal).
(c) Sections of this subpart other than Secs. 61.61; 61.64 (a)(1),
(b), (c), and (d); 61.67; 61.68; 61.69; 61.70; and 61.71 do not apply to
equipment used in research and development if the reactor used to
polymerize the vinyl chloride processed in the equipment has a capacity
of greater than 0.19 m3 (50 gal) and no more than 4.17 m3
(1100 gal).
[41 FR 46564, Oct. 21, 1976, as amended at 42 FR 29006, June 7, 1977; 53
FR 36972, Sept. 23, 1988; 57 FR 60999, Dec. 23, 1992]
Sec. 61.61 Definitions.
Terms used in this subpart are defined in the Act, in subpart A of
this part, or in this section as follows:
(a) Ethylene dichloride plant includes any plant which produces
ethylene dichloride by reaction of oxygen and hydrogen chloride with
ethylene.
(b) Vinyl chloride plant includes any plant which produces vinyl
chloride by any process.
(c) Polyvinyl chloride plant includes any plant where vinyl chloride
alone or in combination with other materials is polymerized.
(d) Slip gauge means a gauge which has a probe that moves through
the gas/liquid interface in a storage or transfer vessel and indicates
the level of vinyl chloride in the vessel by the physical state of the
material the gauge discharges.
(e) Type of resin means the broad classification of resin referring
to the basic manufacturing process for producing that resin, including,
but not limited to, the suspension, dispersion, latex, bulk, and
solution processes.
(f) Grade of resin means the subdivision of resin classification
which describes it as a unique resin, i.e., the most exact description
of a resin with no further subdivision.
(g) Dispersion resin means a resin manufactured in such a way as to
form fluid dispersions when dispersed in a plasticizer or plasticizer/
diluent mixtures.
(h) Latex resin means a resin which is produced by a polymerization
process which initiates from free radical catalyst sites and is sold
undried.
(i) Bulk resin means a resin which is produced by a polymerization
process in which no water is used.
(j) Inprocess wastewater means any water which, during manufacturing
or processing, comes into direct contact with vinyl chloride or
polyvinyl chloride or results from the production or use of any raw
material, intermediate product, finished product, by-product, or waste
product containing vinyl chloride or polyvinyl chloride but which has
not been discharged to a wastewater treatment process or discharged
untreated as wastewater. Gasholder seal water is not inprocess
wastewater until it is removed from the gasholder.
(k) Wastewater treatment process includes any process which modifies
characteristics such as BOD, COD, TSS, and pH, usually for the purpose
of meeting effluent guidelines and standards; it does not include any
process the purpose of which is to remove vinyl chloride from water to
meet requirements of this subpart.
(l) In vinyl chloride service means that a piece of equipment either
contains or contacts a liquid that is a least 10 percent vinyl chloride
by weight or a gas that is at least 10 percent by volume vinyl chloride
as determined according to the provisions of Sec. 61.67(h). The
provisions of Sec. 61.67(h) also specify how to determine that a piece
of equipment is not in vinyl chloride service. For the purposes of this
subpart, this definition must be used in place of the definition of ``in
VHAP service'' in subpart V of this part.
(m) Standard operating procedure means a formal written procedure
officially adopted by the plant owner or operator and available on a
routine
[[Page 36]]
basis to those persons responsible for carrying out the procedure.
(n) Run means the net period of time during which an emission sample
is collected.
(o) Ethylene dichloride purification includes any part of the
process of ethylene dichloride purification following ethylene
dichloride formation, but excludes crude, intermediate, and final
ethylene dichloride storage tanks.
(p) Vinyl chloride purification incudes any part of the process of
vinyl chloride production which follows vinyl chloride formation.
(q) Reactor includes any vessel in which vinyl chloride is partially
or totally polymerized into polyvinyl chloride.
(r) Reactor opening loss means the emissions of vinyl chloride
occurring when a reactor is vented to the atmosphere for any purpose
other than an emergency relief discharge as defined in Sec. 61.65(a).
(s) Stripper includes any vessel in which residual vinyl chloride is
removed from polyvinyl chloride resin, except bulk resin, in the slurry
form by the use of heat and/or vacuum. In the case of bulk resin,
stripper includes any vessel which is used to remove residual vinyl
chloride from polyvinyl chloride resin immediately following the
polymerization step in the plant process flow.
(t) Standard temperature means a temperature of 20 deg. C (69 deg.
F).
(u) Standard pressure means a pressure of 760 mm of Hg (29.92 in. of
Hg).
(v) Relief valve means each pressure relief device including
pressure relief valves, rupture disks and other pressure relief systems
used to protect process components from overpressure conditions.
``Relief valve'' does not include polymerization shortstop systems,
referigerated water systems or control valves or other devices used to
control flow to an incinerator or other air pollution control device.
(w) Leak means any of several events that indicate interruption of
confinement of vinyl chloride within process equipment. Leaks include
events regulated under subpart V of this part such as:
(1) An instrument reading of 10,000 ppm or greater measured
according to Method 21 (see appendix A of 40 CFR part 60);
(2) A sensor detection of failure of a seal system, failure of a
barrier fluid system, or both;
(3) Detectable emissions as indicated by an instrument reading of
greater than 500 ppm above background for equipment designated for no
detectable emissions measured according to Test Method 21 (see appendix
A of 40 CFR part 60); and
(4) In the case of pump seals regulated under Sec. 61.242-2,
indications of liquid dripping constituting a leak under Sec. 61.242-2.
Leaks also include events regulated under Sec. 61.65(b)(8)(i) for
detection of ambient concentrations in excess of background
concentrations. A relief valve discharge is not a leak.
(x) Exhaust gas means any offgas (the constituents of which may
consist of any fluids, either as a liquid and/or gas) discharged
directly or ultimately to the atmosphere that was initially contained in
or was in direct contact with the equipment for which gas limits are
prescribed in Secs. 61.62(a) and (b); 61.63(a); 61.64 (a)(1), (b), (c),
and (d); 61.65 (b)(1)(ii), (b)(2), (b)(3), (b)(5), (b)(6)(ii), (b)(7),
and (b)(9)(ii); and 61.65(d). A leak as defined in paragraph (w) of this
section is not an exhaust gas. Equipment which contains exhaust gas is
subject to Sec. 61.65(b)(8), whether or not that equipment contains 10
percent by volume vinyl chloride.
(y) Relief valve discharge means any nonleak discharge through a
relief valve.
(z) 3-hour period means any three consecutive 1-hour periods (each
commencing on the hour), provided that the number of 3-hour periods
during which the vinyl chloride concentration exceeds 10 ppm does not
exceed the number of 1-hour periods during which the vinyl chloride
concentration exceeds 10 ppm.
[41 FR 46564, Oct. 21, 1976, as amended at 42 FR 29006, June 7, 1977; 51
FR 34908, Sept. 30, 1986; 55 FR 28348, July 10, 1990]
Sec. 61.62 Emission standard for ethylene dichloride plants.
(a) Ethylene dichloride purification. The concentration of vinyl
chloride in each exhaust gas stream from any
[[Page 37]]
equipment used in ethylene dichloride purification is not to exceed 10
ppm (average for 3-hour period), except as provided in Sec. 61.65(a).
This requirement does not preclude combining of exhaust gas streams
provided the combined steam is ducted through a control system from
which the concentration of vinyl chloride in the exhaust gases does not
exceed 10 ppm, or equivalent as provided in Sec. 61.66. This requirement
does not apply to equipment that has been opened, is out of operation,
and met the requirement in Sec. 61.65(b)(6)(i) before being opened.
(b) Oxychlorination reactor. Except as provided in Sec. 61.65(a),
emissions of vinyl chloride to the atmosphere from each oxychlorination
reactor are not to exceed 0.2 g/kg (0.0002 lb/lb) (average for 3-hour
period) of the 100 percent ethylene dichloride product from the
oxychlorination process.
[51 FR 34909, Sept. 30, 1986]
Sec. 61.63 Emission standard for vinyl chloride plants.
An owner or operator of a vinyl chloride plant shall comply with the
requirements of this section and Sec. 61.65.
(a) Vinyl chloride formation and purification: The concentration of
vinyl chloride in each exhaust gas stream from any equipment used in
vinyl chloride formation and/or purification is not to exceed 10 ppm
(average for 3-hour period), except as provided in Sec. 61.65(a). This
requirement does not preclude combining of exhaust gas streams provided
the combined steam is ducted through a control system from which the
concentration of vinyl chloride in the exhaust gases does not exceed 10
ppm, or equivalent as provided in Sec. 61.66. This requirement does not
apply to equipment that has been opened, is out of operation, and met
the requirement in Sec. 61.65(b)(6)(i) before being opened.
[51 FR 34909, Sept. 30, 1986]
Sec. 61.64 Emission standard for polyvinyl chloride plants.
An owner or operator of a polyvinyl chloride plant shall comply with
the requirements of this section and Sec. 61.65.
(a) Reactor. The following requirements apply to reactors:
(1) The concentration of vinyl chloride in each exhaust gas stream
from each reactor is not to exceed 10 ppm (average for 3-hour period),
except as provided in paragraph (a)(2) of this section and
Sec. 61.65(a).
(2) The reactor opening loss from each reactor is not to exceed 0.02
g vinyl chloride/kg (0.00002 lb vinyl chloride/lb) of polyvinyl chloride
product, except as provided in paragraph (f)(1) of this section, with
the product determined on a dry solids basis. This requirement does not
apply to prepolymerization reactors in the bulk process. This
requirement does apply to postpolymerization reactors in the bulk
process, where the product means the gross product of prepolymerization
and postpolymerization.
(3) Manual vent valve discharge. Except for an emergency manual vent
valve discharge, there is to be no discharge to the atmosphere from any
manual vent valve on a polyvinyl chloride reactor in vinyl chloride
service. An emergency manual vent valve discharge means a discharge to
the atmosphere which could not have been avoided by taking measures to
prevent the discharge. Within 10 days of any discharge to the atmosphere
from any manual vent valve, the owner or operator of the source from
which the discharge occurs shall submit to the Administrator a report in
writing containing information on the source, nature and cause of the
discharge, the date and time of the discharge, the approximate total
vinyl chloride loss during the discharge, the method used for
determining the vinyl chloride loss (the calculation of the vinyl
chloride loss), the action that was taken to prevent the discharge, and
measures adopted to prevent future discharges.
(b) Stripper. The concentration of vinly chloride in each exhaust
gas stream from each stripper is not to exceed 10 ppm (average for 3-
hour period), except as provided in Sec. 61.65(a). This requirement does
not apply to equipment that has been opened, is out of operation, and
met the requiremention Sec. 61.65(b)(6)(i) before being opened.
(c) Mixing, weighing, and holding containers. The concentration of
vinyl chloride in each exhaust gas stream from each mixing, weighing, or
holding
[[Page 38]]
container in vinyl chloride service which precedes the stripper (or the
reactor if the plant has no stripper) in the plant process flow is not
to exceed 10 ppm (average for 3-hour period), except as provided in
Sec. 61.65(a). This requirement does not apply to equipment that has
been opened, is out of operation, and met the requirement in
Sec. 61.65(b)(6)(i) before being opened.
(d) Monomer recovery system. The concentration of vinyl chloride in
each exhaust gas stream from each monomer recovery system is not to
exceed 10 ppm (average for 3-hour period), except as provided in
Sec. 61.65(a). This requirement does not apply to equipment that has
been opened, is out of operation, and met the requirement in
Sec. 61.65(b)(6)(i) before being opened.
(e) Sources following the stripper(s). The following requirements
apply to emissions of vinyl chloride to the atmosphere from the
combination of all sources following the stripper(s) [or the reactor(s)
if the plant has no stripper(s)] in the plant process flow including but
not limited to, centrifuges, concentrators, blend tanks, filters,
dryers, conveyor air discharges, baggers, storage containers, and
inprocess wastewater, except as provided in paragraph (f) of this
section:
(1) In polyvinyl chloride plants using stripping technology to
control vinyl chloride emissions, the weighted average residual vinyl
chloride concentration in all grades of polyvinyl chloride resin
processed through the stripping operation on each calendar day, measured
immediately after the stripping operation is completed, may not exceed:
(i) 2000 ppm for polyvinyl chloride dispersion resins, excluding
latex resins;
(ii) 400 ppm for all other polyvinyl chloride resins, including
latex resins, averaged separately for each type of resin; or
(2) In polyvinyl chloride plants controlling vinyl chloride
emissions with technology other than stripping or in addition to
stripping, emissions of vinyl chloride to the atmosphere may not exceed:
(i) 2 g/kg (0.002 lb/lb) product from the stripper(s) [or reactor(s)
if the plant has no stripper(s)] for dispersion polyvinyl chloride
resins, excluding latex resins, with the product determined on a dry
solids basis;
(ii) 0.4 g/kg (0.0004 lb/lb) product from the strippers [or
reactor(s) if the plant has no stripper(s)] for all other polyvinyl
chloride resins, including latex resins, with the product determined on
a dry solids basis.
(3) The provisions of this paragraph apply at all times including
when off-specification or other types of resins are made.
(f) Reactor used as stripper. When a nonbulk resin reactor is used
as a stripper this paragraph may be applied in lieu of Sec. 61.64 (a)(2)
and (e)(1):
(1) The weighted average emissions of vinyl chloride from reactor
opening loss and all sources following the reactor used as a stripper
from all grades of polyvinyl chloride resin stripped in the reactor on
each calendar day may not exceed:
(i) 2.02 g/kg (0.00202 lb/lb) of polyvinyl chloride product for
dispersion polyvinyl chloride resins, excluding latex resins, with the
product determined on a dry solids basis.
(ii) 0.42 g/kg (0.00042 lb/lb) of polyvinyl chloride product for all
other polyvinyl chloride resins, including latex resins, with the
product determined on a dry solids basis.
[41 FR 46564, Oct. 21, 1976, as amended at 51 FR 34909, Sept. 30, 1986;
53 FR 36972, Sept. 23, 1988]
Sec. 61.65 Emission standard for ethylene dichloride, vinyl chloride and polyvinyl chloride plants.
An owner or operator of an ethylene dichloride, vinyl chloride, and/
or polyvinyl chloride plant shall comply with the requirements of this
section.
(a) Relief valve discharge. Except for an emergency relief
discharge, and except as provided in Sec. 61.65(d), there is to be no
discharge to the atmosphere from any relief valve on any equipment in
vinyl chloride service. An emergency relief discharge means a discharge
which could not have been avoided by taking measures to prevent the
discharge. Within 10 days of any relief valve discharge, except for
those subject to Sec. 61.65(d), the owner or operator of the source from
which the relief valve discharge occurs shall submit to
[[Page 39]]
the Administrator a report in writing containing information on the
source, nature and cause of the discharge, the date and time of the
discharge, the approximate total vinyl chloride loss during the
discharge, the method used for determining the vinyl chloride loss (the
calculation of the vinyl chloride loss), the action that was taken to
prevent the discharge, and measures adopted to prevent future
discharges.
(b) Fugitive emission sources--(1) Loading and unloading lines.
Vinyl chloride emissions from loading and unloading lines in vinyl
chloride service which are opened to the atmosphere after each loading
or unloading operation are to be minimized as follows:
(i) After each loading or unloading operation and before opening a
loading or unloading line to the atmosphere, the quantity of vinyl
chloride in all parts of each loading or unloading line that are to be
opened to the atmosphere is to be reduced so that the parts combined
contain no greater than 0.0038 m3 (0.13 ft3) of vinyl
chloride, at standard temperature and pressure; and
(ii) Any vinyl chloride removed from a loading or unloading line in
accordance with paragraph (b)(1)(i) of this section is to be ducted
through a control system from which the concentration of vinyl chloride
in the exhaust gases does not exceed 10 ppm (average for 3-hour period),
or equivalent as provided in Sec. 61.66.
(2) Slip gauges. During loading or unloading operations, the vinyl
chloride emissions from each slip gauge in vinyl chloride service are to
be minimized by ducting any vinyl chloride discharged from the slip
gauge through a control system from which the concentration of vinyl
chloride in the exhaust gases does not exceed 10 ppm (average for 3-hour
period), or equivalent as provided in Sec. 61.66.
(3) Leakage from pump, compressor, and agitator seals:
(i) Rotating pumps. Vinyl chloride emissions from seals on all
rotating pumps in vinyl chloride service are to be minimized by
installing sealless pumps, pumps with double mechanical seals or
equivalent as provided in Sec. 61.66. If double mechanical seals are
used, vinyl chloride emissions from the seals are to be minimized by
maintaining the pressure between the two seals so that any leak that
occurs is into the pump; by ducting any vinyl chloride between the two
seals through a control system from which the concentration of vinyl
chloride in the exhaust gases does not exceed 10 ppm; or equivalent as
provided in Sec. 61.66. Compliance with the provisions of 40 CFR part 61
subpart V demonstrates compliance with the provisions of this paragraph.
(ii) Reciprocating pumps. Vinyl chloride emissions from seals on all
reciprocating pumps in vinyl chloride service are to be minimized by
installing double outboard seals, or equivalent as provided in
Sec. 61.66. If double outboard seals are used, vinyl chloride emissions
from the seals are to be minimized by maintaining the pressure between
the two seals so that any leak that occurs is into the pump; by ducting
any vinyl chloride between the two seals through a control system from
which the concentration of vinyl chloride in the exhaust gases does not
exceed 10 ppm; or equivalent as provided in Sec. 61.66. Compliance with
the provisions of 40 CFR part 61 subpart V demonstrates compliance with
the provisions of this paragraph.
(iii) Rotating compressor. Vinyl chloride emissions from seals on
all rotating compressors in vinyl chloride service are to be minimized
by installing compressors with double mechanical seals, or equivalent as
provided in Sec. 61.66. If double mechanical seals are used, vinyl
chloride emissions from the seals are to be minimized by maintaining the
pressure between the two seals so that any leak that occurs is into the
compressor; by ducting any vinyl chloride between the two seals through
a control system from which the concentration of vinyl chloride in the
exhaust gases does not exceed 10 ppm; or equivalent as provided in
Sec. 61.66. Compliance with the provisions of 40 CFR part 61 subpart V
demonstrates compliance with the provisions of this paragraph.
(iv) Reciprocating compressors. Vinyl chloride emissions from seals
on all reciprocating compressors in vinyl chloride service are to be
minimized by installing double outboard seals, or
[[Page 40]]
equivalent as provided in Sec. 61.66. If double outboard seals are used,
vinyl chloride emissions from the seals are to be minimized by
maintaining the pressure between the two seals so that any leak that
occurs is into the compressor; by ducting any vinyl chloride between the
two seals through a control system from which concentration of vinyl
chloride in the exhaust gases does not exceed 10 ppm; or equivalent as
provided in Sec. 61.66. Compliance with the provisions of 40 CFR part 61
subpart V demonstrates compliance with the provisions of this paragraph.
(v) Agitator. Vinyl chloride emissions from seals on all agitators
in vinyl chloride service are to be minimized by installing agitators
with double mechanical seals, or equivalent as provided in Sec. 61.66.
If double mechanical seals are used, vinyl chloride emissions from the
seals are to be minimized by maintaining the pressure between the two
seals so that any leak that occurs is into the agitated vessel; by
ducting any vinyl chloride between the two seals through a control
system from which the concentration of vinyl chloride in the exhaust
gases does not exceed 10 ppm; or equivalent as provided in Sec. 61.66.
(4) Leaks from relief valves. Vinyl chloride emissions due to leaks
from each relief valve on equipment in vinyl chloride service shall
comply with Sec. 61.242-4 of subpart V of this part.
(5) Manual venting of gases. Except as provided in Sec. 61.64(a)(3),
all gases which are manually vented from equipment in vinly chloride
service are to be ducted through a control system from which the
concentration of vinyl chloride in the exhaust gases does not exceed 10
ppm (average for 3-hour period); or equivalent as provided in
Sec. 61.66.
(6) Opening of equipment. Vinyl chloride emissions from opening of
equipment (excluding crude, intermediate, and final EDC storage tanks,
but including prepolymerization reactors used in the manufacture of bulk
resins and loading or unloading lines that are not opened to the
atmosphere after each loading or unloading operation) are to be
minimized follows:
(i) Before opening any equipment for any reason, the quantity of
vinyl chloride which is contained therein is to be reduced to an amount
which occupies a volume of no more than 2.0 percent of the equipment's
containment volume or 0.0950 cubic meters (25 gallons), whichever is
larger, at standard temperature and pressure.
(ii) Any vinyl chloride removed from the equipment in accordance
with paragraph (b)(6)(i) of this section is to be ducted through a
control system from which the concentration of vinyl chloride in the
exhaust gases does not exceed 10 ppm (average for 3-hour period); or
equivalent as provided in Sec. 61.66.
(7) Samples. Unused portions of samples containing at least 10
percent by weight vinyl chloride are to be returned to the process or
destroyed in a control device from which concentration of vinyl chloride
in the exhaust gas does not exceed 10 ppm (average for 3-hour period) or
equivalent as provided in Sec. 61.66. Sampling techniques are to be such
that sample containers in vinyl chloride service are purged into a
closed process system. Compliance with the provisions of 40 CFR part 61
subpart V demonstrates compliance with the provisions of this paragraph.
(8) Leak detection and elimination. Vinyl chloride emissions due to
leaks from equipment in vinyl chloride service are to be minimized as
follows:
(i) A reliable and accurate vinyl chloride monitoring system shall
be operated for detection of major leaks and identification of the
general area of the plant where a leak is located. A vinyl chloride
monitoring system means a device which obtains air samples from one or
more points on a continuous sequential basis and analyzes the samples
with gas chromatography or, if the owner or operator assumes that all
hydrocarbons measured are vinyl chloride, with infrared
spectrophotometry, flame ion detection, or an equivalent or alternative
method. The vinyl chloride monitoring system shall be operated according
to a program developed by the plant owner or operator. The owner or
operator shall submit a description of the program to the Administrator
within 45 days of the effective date of these regulations, unless a
waiver of compliance is granted under Sec. 61.11, or the program has
been approved and the Administrator does not
[[Page 41]]
request a review of the program. Approval of a program will be granted
by the Administrator provided he finds:
(A) The location and number of points to be monitored and the
frequency of monitoring provided for in the program are acceptable when
they are compared with the number of pieces of equipment in vinyl
chloride service and size and physical layout of the plant.
(B) It contains a definition of leak which is acceptable when
compared with the background concentrations of vinyl chloride in the
areas of the plant to be monitored by the vinyl chloride monitoring
system. Measurements of background concentrations of vinyl chloride in
the areas of the plant to be monitored by the vinyl chloride monitoring
system are to be included with the description of the program. The
definition of leak for a given plant may vary among the different areas
within the plant and is also to change over time as background
concentrations in the plant are reduced.
(C) It contains an acceptable plan of action to be taken when a leak
is detected.
(D) It provides for an acceptable calibration and maintenance
schedule for the vinyl chloride monitoring system and portable
hydrocarbon detector. For the vinyl chloride monitoring system, a daily
span check is to be conducted with a concentration of vinyl chloride
equal to the concentration defined as a leak according to paragraph
(b)(8)(i)(B) of this section. The calibration is to be done with either:
(1) A calibration gas mixture prepared from the gases specified in
sections 5.2.1. and 5.2.2. of Test Method 106 and in accordance with
section 7.1 of Test Method 106, or
(2) A calibration gas cylinder standard containing the appropriate
concentration of vinyl chloride. The gas composition of the calibration
gas cylinder standard is to have been certified by the manufacturer. The
manufacturer must have recommended a maximum shelf life for each
cylinder so that the concentration does not change greater than
5 percent from the certified value. The date of gas cylinder
preparation, certified vinyl chloride concentration, and recommended
maximum self life must have been affixed to the cylinder before shipment
from the manufacturer to the buyer. If a gas chromatograph is used as
the vinyl chloride monitoring system, these gas mixtures may be directly
used to prepare a chromatograph calibration curve as described in
section 7.3 of Test Method 106. The requirements in section 5.2.3.1. and
5.2.3.2. of Test Method 106 for certification of cylinder standards and
for establishment and verification of calibration standards are to be
followed.
(ii) For each process unit subject to this subpart, a formal leak
detection and repair program shall be implemented consistent with
subpart V of this part, except as provided in paragraph (b)(8)(iii) of
this section. This program is to be implemented within 90 days of the
effective date of these regulations, unless a waiver of compliance is
granted under Sec. 61.11. Except as provided in paragraph (b)(8)(ii)(E)
of this section, an owner or operator shall be exempt from Sec. 61.242-
1(d), Sec. 61.242-7 (a), (b), and (c), Sec. 61.246, and Sec. 61.247 of
subpart V of this part for any process unit in which the percentage of
leaking valves is demonstrated to be less than 2.0 percent, as
determined in accordance with the following:
(A) A performance test as specified in paragraph (b)(8)(ii)(B) of
this section shall be conducted initially within 90 days of the
effective date of these regulations, annually, and at times requested by
the Administrator.
(B) For each performance test, a minimum of 200 or 90 percent,
whichever is less, of the total valves in VOC service (as defined in
Sec. 60.481 of subpart VV of part 60) within the process unit shall be
randomly selected and monitored within 1 week by the methods specified
in Sec. 61.245(b) of this part. If an instrument reading of 10,000 ppm
or greater is measured, a leak is detected. The leak percentage shall be
determined by dividing the number of valves in VOC service for which
leaks are detected by the number of tested valves in VOC service.
(C) If a leak is detected, it shall be repaired in accordance with
Sec. 61.242-7 (d) and (e) of subpart V of this part.
(D) The results of the performance test shall be submitted in
writing to
[[Page 42]]
the Administrator in the first quarterly report following the
performance test as part of the reporting requirements of Sec. 61.70.
(E) Any process unit in which the percentage of leaking valves is
found to be greater than 2.0 percent according to the performance test
prescribed in paragraph (b)(8)(ii)(B) of this section must comply with
all provisions of subpart V of this part within 90 days.
(iii) Open-ended valves or lines located on multiple service process
lines which operate in vinyl chloride service less than 10 percent of
the time are exempt from the requirements of Sec. 61.242-6 of subpart V,
provided the open-ended valves or lines are addressed in the monitoring
system required by paragraph (b)(8)(i) of this section. The
Administrator may apply this exemption to other existing open-ended
valves or lines that are demonstrated to require significant retrofit
cost to comply with the requirements of Sec. 61.242-6 of subpart V.
(9) Inprocess wastewater. Vinyl chloride emissions to the atmosphere
from inprocess wastewater are to be reduced as follows:
(i) The concentration of vinyl chloride in each inprocess wastewater
stream containing greater than 10 ppm vinyl chloride measured
immediately as it leaves a piece of equipment and before being mixed
with any other inprocess wastewater stream is to be reduced to no more
than 10 ppm by weight before being mixed with any other inprocess
wastewater stream which contains less than 10 ppm vinyl chloride; before
being exposed to the atmosphere; before being discharged to a wastewater
treatment process; or before being discharged untreated as a wastewater.
This paragraph does apply to water which is used to displace vinyl
chloride from equipment before it is opened to the atmosphere in
accordance with Sec. 61.64(a)(2) or paragraph (b)(6) of this section,
but does not apply to water which is used to wash out equipment after
the equipment has already been opened to the atmosphere in accordance
with Sec. 61.64(a)(2) or paragraph (b)(6) of this section.
(ii) Any vinyl chloride removed from the inprocess wastewater in
accordance with paragraph (b)(9)(i) of this section is to be ducted
through a control system from which the concentration of vinyl chloride
in the exhaust gases does not exceed 10 ppm (average for 3-hour period);
or equivalent as provided in Sec. 61.66.
(c) The requirements in paragraphs (b)(1), (b)(2), (b)(5), (b)(6),
(b)(7) and (b)(8) of this section are to be incorporated into a standard
operating procedure, and made available upon request for inspection by
the Administrator. The standard operating procedure is to include
provisions for measuring the vinyl chloride in equipment 4.75 m\3\ (1255
gal) in volume for which an emission limit is prescribed in
Sec. 61.65(b)(6)(i) after opening the equipment and using Test Method
106, a portable hydrocarbon detector, or an alternative method. The
method of measurement is to meet the requirements in
Sec. 61.67(g)(5)(i)(A) or (g)(5)(i)(B).
(d) A RVD that is ducted to a control device that is continually
operating while emissions from the release are present at the device is
subject to the following requirements:
(1) A discharge from a control device other than a flare shall not
exceed 10 ppm (average over a 3-hour period) as determined by the
continuous emission monitor system required under Sec. 61.68. Such a
discharge is subject to the requirements of Sec. 61.70.
(2) For a discharge routed to a flare, the flare shall comply with
the requirements of Sec. 60.18.
(i) Flare operations shall be monitored in accordance with the
requirements of Secs. 60.18(d) and 60.18(f)(2). For the purposes of
Sec. 60.18(d), the volume and component concentration of each relief
valve discharge shall be estimated and calculation shall be made to
verify ongoing compliance with the design and operating requirements of
Secs. 60.18 (c)(3) through (c)(6). If more than one relief valve is
discharged simultaneously to a single flare, these calculations shall
account for the cumulative effect of all such relief valve discharges.
These calculations shall be made and reported quarterly for all
discharges within the quarter. Failure to comply with any of the
requirements of this paragraph will be a violation of
[[Page 43]]
Sec. 61.65(d)(2). Monitoring for the presence of a flare pilot flame
shall be conducted in accordance with Sec. 60.18(f)(2). If the results
of this monitoring or any other information shows that the pilot flame
is not present 100 percent of the time during which a relief valve
discharge is routed to the flare, the relief valve discharge is subject
to the provisions of Sec. 61.65(a).
(ii) A report describing the flare design shall be provided to the
Administrator not later than 90 days after the adoption of this
provision or within 30 days of the installation of a flare system for
control of relief valve discharge whichever is later. The flare design
report shall include calculations based upon expected relief valve
discharge component concentrations and net heating values (for PVC this
calculation shall be based on values expected if a release occurred at
the instant the polymerization starts); and estimated maximum exit
velocities based upon the design throat capacity of the gas in the
relief valve.
[41 FR 46564, Oct. 21, 1976; 41 FR 53017, Dec. 3, 1976, as amended at 42
FR 29006, June 7, 1977; 51 FR 34910, Sept. 30, 1986; 53 FR 36972, Sept.
23, 1988; 55 FR 28348, July 10, 1990]
Sec. 61.66 Equivalent equipment and procedures.
Upon written application from an owner or operator, the
Administrator may approve use of equipment or procedures which have been
demonstrated to his satisfaction to be equivalent in terms of reducing
vinyl chloride emissions to the atmosphere to those prescribed for
compliance with a specific paragraph of this subpart.
[51 FR 34912, Sept. 30, 1986]
Sec. 61.67 Emission tests.
(a) Unless a waiver of emission testing is obtained under
Sec. 61.13, the owner or operator of a source to which this subpart
applies shall test emissions from the source,
(1) Within 90 days of the effective date in the case of an existing
source or a new source which has an initial startup date preceding the
effective date, or
(2) Within 90 days of startup in the case of a new source, initial
startup of which occurs after the effective date.
(b) The owner or operator shall provide the Administrator at least
30 days prior notice of an emission test to afford the Administrator the
opportunity to have an observer present during the test.
(c) Any emission test is to be conducted while the equipment being
tested is operating at the maximum production rate at which the
equipment will be operated and under other relevant conditions as may be
specified by the Administrator based on representative performance of
the source.
(d) [Reserved]
(e) When at all possible, each sample is to be analyzed within 24
hours, but in no case in excess of 72 hours of sample collection. Vinyl
chloride emissions are to be determined within 30 days after the
emission test. The owner or operator shall report the determinations to
the Administrator by a registered letter dispatched before the close of
the next business day following the determination.
(f) The owner or operator shall retain at the plant and make
available, upon request, for inspection by the Administrator, for a
minimum of 3 years, records of emission test results and other data
needed to determine emissions.
(g) Unless otherwise specified, the owner or operator shall use test
Test Methods in appendix B to this part for each test as required by
paragraphs (g)(1), (g)(2), (g)(3), (g)(4), and (g)(5) of this section,
unless an alternative method has been approved by the Administrator. If
the Administrator finds reasonable grounds to dispute the results
obtained by an alternative method, he may require the use of a reference
method. If the results of the reference and alternative methods do not
agree, the results obtained by the reference method prevail, and the
Administrator may notify the owner or operator that approval of the
method previously considered to be alternative is withdrawn. Whenever
Test Method 107 is specified, and the conditions in Section 1.1,
``Applicability'' of Method 107A are met, Method 107A may be used.
(1) Test Method 106 is to be used to determine the vinyl chloride
emissions from any source for which an emission
[[Page 44]]
limit is prescribed in Sec. 61.62 (a) or (b) Sec. 61.63(a), or
Sec. 61.64(a)(1), (b), (c), or (d), or from any control system to which
reactor emissions are required to be ducted in Sec. 61.64(a)(2) or to
which fugitive emissions are required to be ducted is
Sec. 61.65(b)(1)(ii), (b)(2), (b)(5), (b)(6)(ii), or (b)(9)(ii).
(i) For each run, one sample is to be collected. The sampling site
is to be at least two stack or duct diameters downstream and one half
diameter upstream from any flow disturbance such as a bend, expansion,
contraction, or visible flame. For a rectangular cross section an
equivalent diameter is to be determined from the following equation:
equivalent diameter=2 (length) (width)/length+width
The sampling point in the duct is to be at the centroid of the cross
section. The sample is to be extracted at a rate proportional to the gas
velocity at the sampling point. The sample is to contain a minimum
volume of 50 liters corrected to standard conditions and is to be taken
over a period as close to 1 hour as practicable.
(ii) Each emission test is to consist of three runs. For the purpose
of determining emissions, the average of results of all runs is to
apply. The average is to be computed on a time weighted basis.
(iii) For gas streams containing more than 10 percent oxygen the
concentration of vinyl chloride as determined by Test Method 106 is to
be corrected to 10 percent oxygen (dry basis) for determination of
emissions by using the following equation:
Cb (corrected)=Cb 10.9/20.9-percent O2
where:
Cb (corrected)=The concentration of vinyl chloride in the exhaust
gases, corrected to 10-percent oxygen.
Cb=The concentration of vinyl chloride as measured by Test Method
106.
20.9=Percent oxygen in the ambient air at standard conditions.
10.9=Percent oxygen in the ambient air at standard conditions, minus the
10.0-percent oxygen to which the correction is being made.
Percent O2=Percent oxygen in the exhaust gas as measured by
Reference Method 3 in appendix A of part 60 of this chapter.
(iv) For those emission sources where the emission limit is
prescribed in terms of mass rather than concentration, mass emissions in
kg/100 kg product are to be determined by using the following equation:
CBX=[Cb(2.60) Q 10-6] [100]/Z
where:
CBX=kg vinyl chloride/100 kg product.
Cb=The concentration of vinyl chloride as measured by Test Method
106.
2.60=Density of vinyl chloride at one atmosphere and 20 deg. C in kg/
m3.
Q=Volumetric flow rate in m3/hr as determined by Reference Method 2
of appendix A to part 60 of this chapter.
10-6=Conversion factor for ppm.
Z=Production rate (kg/hr).
(2) Test Method 107 or Method 601 (incorporated by reference as
specified in Sec. 61.18) is to be used to determine the concentration of
vinyl chloride in each inprocess wastewater stream for which an emission
limit is prescribed in Sec. 61.65(b)(9)(i).
(3) When a stripping operation is used to attain the emission limits
in Sec. 61.64 (e) and (f), emissions are to be determined using Test
Method 107 as follows:
(i) The number of strippers (or reactors used as strippers) and
samples and the types and grades of resin to be sampled are to be
determined by the Administrator for each individual plant at the time of
the test based on the plant's operation.
(ii) Each sample is to be taken immediately following the stripping
operation.
(iii) The corresponding quantity of material processed by each
stripper (or reactor used as a stripper) is to be determined on a dry
solids basis and by a method submitted to and approved by the
Administrator.
(iv) At the prior request of the Administrator, the owner or
operator shall provide duplicates of the samples required in paragraph
(g)(3)(i) of this section.
(4) Where control technology other than or in addition to a
stripping operation is used to attain the emission limit in
Sec. 61.64(e), emissions are to be determined as follows:
(i) Test Method 106 is to be used to determine atmospheric emissions
from
[[Page 45]]
all of the process equipment simultaneously. The requirements of
paragraph (g)(1) of this section are to be met.
(ii) Test Method 107 is to be used to determine the concentration of
vinyl chloride in each inprocess wastewater stream subject to the
emission limit prescribed in Sec. 61.64(e). The mass of vinyl chloride
in kg/100 kg product in each inprocess wastewater stream is to be
determined by using the following equation:
CBX=[CdR10-6] [100]/Z
where:
CBX=kg vinyl chloride/100 kg product.
Cd=the concentration of vinyl chloride as measured by Test Method
107.
R=water flow rate in 1/hr, determined in accordance with a method which
has been submitted to and approved by the Administrator.
10-6=Conversion factor for ppm.
Z=Production rate (kg/hr), determined in accordance with a method which
has been submitted and approved by the Administrator.
(5) The reactor opening loss for which an emission limit is
prescribed in Sec. 61.64(a)(2) is to be determined. The number of
reactors for which the determination is to be made is to be specified by
the Administrator for each individual plant at the time of the
determination based on the plant's operation.
(i) Except as provided in paragraph (g)(5)(ii) of this section, the
reactor opening loss is to be determined using the following equation:
C=W (2.60) (106) (Cb)/YZ
where:
C=kg vinyl chloride emissions/kg product.
W=Capacity of the reactor in m3.
2.60=Density of vinyl chloride at one atmosphere and 20 deg. C in kg/
m3.
10-6=Conversion factor for ppm.
Cb=ppm by volume vinyl chloride as determined by Test Method 106 or
a portable hydrocarbon detector which measures hydrocarbons
with a sensitivity of at least 10 ppm.
Y=Number of batches since the reactor was last opened to the atmosphere.
Z=Average kg of polyvinyl chloride produced per batch in the number of
batches since the reactor was last opened to the atmosphere.
(A) If Method 106 is used to determine the concentration of vinyl
chloride (Cb), the sample is to be withdrawn at a constant rate with a
probe of sufficient length to reach the vessel bottom from the manhole.
Samples are to be taken for 5 minutes within 6 inches of the vessel
bottom, 5 minutes near the vessel center, and 5 minutes near the vessel
top.
(B) If a portable hydrocarbon detector is used to determine the
concentration of vinyl chloride (Cb), a probe of sufficient length to
reach the vessel bottom from the manhole is to be used to make the
measurements. One measurement will be made within 6 inches of the vessel
bottom, one near the vessel center and one near the vessel top.
Measurements are to be made at each location until the reading is
stabilized. All hydrocarbons measured are to be assumed to be vinyl
chloride.
(C) The production rate of polyvinyl chloride (Z) is to be
determined by a method submitted to and approved by the Administrator.
(ii) A calculation based on the number of evacuations, the vacuum
involved, and the volume of gas in the reactor is hereby approved by the
Administrator as an alternative method for determining reactor opening
loss for postpolymerization reactors in the manufacture of bulk resins.
Calculation methods based on techniques other than repeated evacuation
of the reactor may be approved by the Administrator for determining
reactor opening loss for postpolymerization reactors in the manufacture
of bulk resins.
(6) For a reactor that is used as a stripper, the emissions of vinyl
chloride from reactor opening loss and all sources following the reactor
used as a stripper for which an emission limit is prescribed in
Sec. 61.64(f) are to be determined. The number of reactors for which the
determination is to be made is to be specified by the Administrator for
each individual plant at the time of the determination based on the
plant's operation.
(i) For each batch stripped in the reactor, the following
measurements are to be made:
[[Page 46]]
(A) The concentration (ppm) of vinyl chloride in resin after
stripping, measured according to paragraph (g)(3) of this section;
(B) The reactor vacuum (mm Hg) at end of strip from plant
instrument; and
(C) The reactor temperature ( deg.C) at end of strip from plant
instrument.
(ii) For each batch stripped in the reactor, the following
information is to be determined:
(A) The vapor pressure (mm Hg) of water in the reactor at end of
strip from the following table:
------------------------------------------------------------------------
Reactor
vapor H2O vapor Reactor H2O vapor Reactor H2O
temperature pressure temperature pressure temperature pressure
(C) (mm Hg) (C) (mm Hg) (C) (mm Hg)
------------------------------------------------------------------------
40.......... 55.3 62 163.8 84 416.8
41.......... 58.3 63 171.4 85 433.6
42.......... 61.5 64 179.3 86 450.9
43.......... 64.8 65 187.5 87 468.7
44.......... 68.3 66 196.1 88 487.1
45.......... 71.9 67 205.0 89 506.1
46.......... 75.6 68 214.2 90 525.8
47.......... 79.6 69 223.7 91 546.0
48.......... 83.7 70 233.7 92 567.0
49.......... 88.0 71 243.9 93 588.6
50.......... 92.5 72 254.6 94 610.9
51.......... 97.2 73 265.7 95 633.9
52.......... 102.1 74 277.2 96 657.6
53.......... 107.2 75 289.1 97 682.1
54.......... 112.5 76 301.4 98 707.3
55.......... 118.0 77 314.1 99 733.2
56.......... 123.8 78 327.3 100 760.0
57.......... 129.8 79 341.0
58.......... 136.1 80 355.1
59.......... 142.6 81 369.7
60.......... 149.4 82 384.9
61.......... 156.4 83 400.6
------------------------------------------------------------------------
(B) The partial pressure (mm Hg) of vinyl chloride in reactor at end
of strip from the following equation:
PPVC= 760-RV-VPW
where:
PPVC=partial pressure of vinyl chloride, in mm Hg
760=atmospheric pressure at 0 deg.C, in mm Hg
RV=absolute value of reactor vacuum, in mm Hg
VPW=vapor pressure of water, in mm Hg
(C) The reactor vapor space volume (m3) at end of strip from
the following equation:
PVCW
RVSV=RC-WV- ------------
1,400
where:
RVSV=reactor vapor space volume, in m\3\
RC=reactor capacity, in m\3\
WV=volume of water in reactor from recipe, in m\3\
PVCW=dry weight of polyvinyl chloride in reactor from recipe, in kg
1,400=typical density of polyvinyl chloride, in kg/m\3\
(iii) For each batch stripped in the reactor, the combined reactor
opening loss and emissions from all sources following the reactor used
as a stripper is to be determined using the following equation:
(PPVC)(RVSV)(1,002)
C=(PPMVC)(10-3)+ ------------------------------
(PVCW)(273+RT)
where:
C=g vinyl chloride/kg polyvinyl chloride product
PPMVC=concentration of vinyl chloride in resin after stripping, in ppm
10-3=conversion factor for ppm
[[Page 47]]
PPVC=partial pressure of vinyl chloride determined according to
paragraph (g)(6)(ii)(B) of this section, in mm Hg
RVSV=reactor vapor space volume determined according to paragraph
(g)(6)(ii)(C) of this section, in m3
1,002=ideal gas constant in g- deg.K/mm Hg-m3 for vinyl chloride
PVCW=dry weight of polyvinyl chloride in reactor from recipe, in kg
273=conversion factor for deg.C to deg.K
RT=reactor temperature, in deg.C
(h)(1) Each piece of equipment within a process unit that can
reasonably contain equipment in vinyl chloride service is presumed to be
in vinyl chloride service unless an owner or operator demonstrates that
the piece of equipment is not in vinyl chloride service. For a piece of
equipment to be considered not in vinyl chloride service, it must be
determined that the percent vinyl chloride content can be reasonably
expected not to exceed 10 percent by weight for liquid streams or
contained liquid volumes and 10 percent by volume for gas streams or
contained gas volumes, which also includes gas volumes above liquid
streams or contained liquid volumes. For purposes of determining the
percent vinyl chloride content of the process fluid that is contained in
or contacts equipment, procedures that conform to the methods described
in ASTM Method D-2267 (incorporated by reference as specified in
Sec. 61.18) shall be used.
(2)(i) An owner or operator may use engineering judgment rather than
the procedures in paragraph (h)(1) of this section to demonstrate that
the percent vinyl chloride content does not exceed 10 percent by weight
for liquid streams and 10 percent by volume for gas streams, provided
that the engineering judgment demonstrates that the vinyl chloride
content clearly does not exceed 10 percent. When an owner or operator
and the Administrator do not agree on whether a piece of equipment is
not in vinyl chloride service, however, the procedures in paragraph
(h)(1) of this section shall be used to resolve the disagreement.
(ii) If an owner or operator determines that a piece of equipment is
in vinyl chloride service, the determination can be revised only after
following the procedures in paragraph (h)(1) of this section.
(3) Samples used in determining the percent vinyl chloride content
shall be representative of the process fluid that is contained in or
contacts the equipment.
[41 FR 46564, Oct. 21, 1976, as amended at 42 FR 29007, June 7, 1977; 47
FR 39486, Sept. 8, 1982; 50 FR 46295, Nov. 7, 1985; 51 FR 34912, Sept.
30, 1986]
Sec. 61.68 Emission monitoring.
(a) A vinyl chloride monitoring system is to be used to monitor on a
continuous basis the emissions from the sources for which emission
limits are prescribed in Secs. 61.62 (a) and (b), 61.63(a), and 61.64
(a)(1), (b), (c), and (d), and for any control system to which reactor
emissions are required to be ducted in Sec. 61.64(a)(2) or to which
fugitive emissions are required to be ducted in Sec. 61.65 (b)(1)(ii),
and (b)(2), (b)(5), (b)(6) (ii), and (b)(9)(ii).
(b) The vinyl chloride monitoring system(s) used to meet the
requirement in paragraph (a) of this section is to be a device which
obtains representative samples from one or more applicable emission
points on a continuous sequential basis and analyzes the samples with
gas chromatography or, if the owner or operator assumes that all
hydrocarbons measured are vinyl chloride, with infrared
spectrophotometry, flame ion detection, or an alternative method. The
vinyl chloride monitoring system used to meet the requirements in
Sec. 61.65(b)(8)(i) may be used to meet the requirements of this
section.
(c) A daily span check is to be conducted for each vinyl chloride
monitoring system used. For all of the emission sources listed in
paragraph (a) of this section, except the one for which an emission
limit is prescribed in Sec. 61.62(b), the daily span check is to be
conducted with a concentration of vinyl chloride equal to 10 ppm. For
the emission source for which an emission limit is prescribed in
Sec. 61.62(b), the daily span check is to be conducted with a
concentration of vinyl chloride which is determined to be equivalent to
the emission limit for that source based on the emission test required
by Sec. 61.67. The calibration is to be done with either:
[[Page 48]]
(1) A calibration gas mixture prepared from the gases specified in
sections 5.2.1 and 5.2.2 of Test Method 106 and in accordance with
section 7.1 of Test Method 106, or
(2) A calibration gas cylinder standard containing the appropriate
concentration of vinyl chloride. The gas composition of the calibration
gas cylinder standard is to have been certified by the manufacturer. The
manufacturer must have recommended a maximum shelf life for each
cylinder so that the concentration does not change greater than
plus-minus5 percent from the certified value. The date of gas
cylinder preparation, certified vinyl chloride concentration and
recommended maximum shelf life must have been affixed to the cylinder
before shipment from the manufacturer to the buyer. If a gas
chromatograph is used as the vinyl chloride monitoring system, these gas
mixtures may be directly used to prepare a chromatograph calibration
curve as described in section 7.3 of Test Method 106. The requirements
in sections 5.2.3.1 and 5.2.3.2 of Test Method 106 for certification of
cylinder standards and for establishment and verification of calibration
standards are to be followed.
(d) When exhaust gas(es), having emission limits that are subject to
the requirement of paragraph (a) of this section, are emitted to the
atmosphere without passing through the control system and required vinyl
chloride monitoring system, the vinyl chloride content of the emission
shall be calculated (in units of each applicable emission limit) by best
practical engineering judgment based on the discharge duration and known
VC concentrations in the affected equipment as determined in accordance
with Sec. 61.67(h) or other acceptable method.
(e) For each 3-hour period, the vinyl chloride content of emissions
subject to the requirements of paragraphs (a) and (d) of this section
shall be averaged (weighted according to the proportion of time that
emissions were continuously monitored and that emissions bypassed the
continuous monitor) for purposes of reporting excess emissions under
Sec. 61.70(c)(1).
(f) For each vinyl chloride emission to the atmosphere determined in
accordance with paragraph (e) of this section to be in excess of the
applicable emission limits, the owner or operator shall record the
identity of the source(s), the date, time, and duration of the excess
emission, the cause of the excess emission, and the approximate total
vinyl chloride loss during the excess emission, and the method used for
determining the vinyl chloride loss. This information shall be retained
and made available for inspection by the Administrator as required by
Sec. 61.71(a).
[41 FR 46564, Oct. 21, 1976; 41 FR 53017, Dec. 3, 1976, as amended at 42
FR 29007, June 7, 1977; 50 FR 46295, Nov. 7, 1985; 51 FR 34913, Sept.
30, 1986; 55 FR 28349, July 10, 1990]
Sec. 61.69 Initial report.
(a) An owner or operator of any source to which this subpart applies
shall submit a statement in writing notifying the Administrator that the
equipment and procedural specifications in Sec. 61.65 (b)(1), (b)(2),
(b)(3), (b)(4), (b)(5), (b)(6), (b)(7), and (b)(8) are being
implemented.
(b)(1) In the case of an existing source or a new source which has
an initial startup date preceding the effective date, the statement is
to be submitted within 90 days of the effective date, unless a waiver of
compliance is granted under Sec. 61.11, along with the information
required under Sec. 61.10. If a waiver of compliance is granted, the
statement is to be submitted on a date scheduled by the Administrator.
(2) In the case of a new source which did not have an initial
startup date preceding the effective date, the statement is to be
submitted within 90 days of the initial startup date.
(c) The statement is to contain the following information:
(1) A list of the equipment installed for compliance,
(2) A description of the physical and functional characteristics of
each piece of equipment,
(3) A description of the methods which have been incorporated into
the standard operating procedures for measuring or calculating the
emissions for which emission limits are prescribed in Sec. 61.65
(b)(1)(i) and (b)(6)(i),
(4) A statement that each piece of equipment is installed and that
each
[[Page 49]]
piece of equipment and each procedure is being used.
Sec. 61.70 Reporting.
(a)(1) The owner or operator of any source to which this subpart
applies shall submit to the Administrator on March 15, June 15,
September 15, and December 15 of each year a report in writing
containing the information required by this section. The first report is
to be submitted following the first full 3-month reporting period after
the initial report is submitted.
(2) In the case of an existing source, the approved reporting
schedule shall be used. In addition, quarterly reports shall be
submitted exactly 3 months following the current reporting dates.
(b)(1) In the case of an existing source or a new source which has
an initial startup date preceding the effective date, the first report
is to be submitted within 180 days of the effective date, unless a
waiver of compliance is granted under Sec. 61.11. If a waiver of
compliance is granted, the first report is to be submitted on a date
scheduled by the Administrator.
(2) In the case of a new source which did not have an initial
startup date preceding the effective date, the first report is to be
submitted within 180 days of the initial startup date.
(c) Unless otherwise specified, the owner or operator shall use the
Test Methods in appendix B to this part to conduct emission tests as
required by paragraphs (c)(2) and (c)(3) of this section, unless an
alternative method has been approved by the Administrator. If the
Administrator finds reasonable grounds to dispute the results obtained
by an alternative method, he may require the use of a reference method.
If the results of the reference and alternative methods do not agree,
the results obtained by the reference method prevail, and the
Administrator may notify the owner or operator that approval of the
method previously considered to be alternative is withdrawn.
(1) The owner or operator shall include in the report a record of
the vinyl chloride content of emissions for each 3-hour period during
which average emissions are in excess of the emission limits in
Sec. 61.62 (a) or (b), Sec. 61.63 (a), or Sec. 61.64 (a)(1), (b), (c),
or (d), or during which average emissions are in excess of the emission
limits specified for any control system to which reactor emissions are
required to be ducted in Sec. 61.64 (a)(2) or to which fugitive
emissions are required to be ducted in Sec. 61.65 (b)(i)(ii), (b)(2),
(b)(5), (b)(6)(ii), or (b)(9)(ii).The number of 3-hour periods for which
average emissions were determined during the reporting period shall be
reported. If emissions in excess of the emission limits are not
detected, the report shall contain a statement that no excess emissions
have been detected. The emissions are to be determined in accordance
with Sec. 61.68(e).
(2) In polyvinyl chloride plants for which a stripping operation is
used to attain the emission level prescribed in Sec. 61.64(e), the owner
or operator shall include in the report a record of the vinyl chloride
content in the polyvinyl chloride resin.
(i) If batch stripping is used, one representative sample of
polyvinyl chloride resin is to be taken from each batch of each grade of
resin immediately following the completion of the stripping operation,
and identified by resin type and grade and the date and time the batch
is completed. The corresponding quantity of material processed in each
stripper batch is to be recorded and identified by resin type and grade
and the date and time the batch is completed.
(ii) If continuous stripping is used, one representative sample of
polyvinyl chloride resin is to be taken for each grade of resin
processed or at intervals of 8 hours for each grade of resin which is
being processed, whichever is more frequent. The sample is to be taken
as the resin flows out of the stripper and identified by resin type and
grade and the date and time the sample was taken. The corresponding
quantity of material processed by each stripper over the time period
represented by the sample during the 8-hour period, is to be recorded
and identified by resin type and grade and the date and time it
represents.
(iii) The vinyl chloride content in each sample is to be determined
by Test Method 107 as prescribed in Sec. 61.67(g)(3).
(iv) [Reserved]
[[Page 50]]
(v) The report to the Administrator by the owner or operator is to
include a record of any 24-hour average resin vinyl chloride
concentration, as determined in this paragraph, in excess of the limits
prescribed in Sec. 61.64(e). The vinyl chloride content found in each
sample required by paragraphs (c)(2)(i) and (c)(2)(ii) of this section
shall be averaged separately for each type of resin, over each calendar
day and weighted according to the quantity of each grade of resin
processed by the stripper(s) that calendar day, according to the
following equation:
where:
AT =24-hour average concentration of type T resin in ppm (dry
weight basis)
QT =Total production of type T resin over the 24-hour period, in
kg.
T=Type of resin.
MGi=Concentration of vinyl chloride in one sample of grade Gi resin
in ppm.
PGi=Production of grade Gi resin represented by the sample, in kg.
Gi=Grade of resin: e.g., G1, G2, G3.
n=Total number of grades of resin produced during the 24-hour period.
The number of 24-hour average concentrations for each resin type
determined during the reporting period shall be reported. If no 24-hour
average resin vinyl chloride concentrations in excess of the limits
prescribed in Sec. 61.64(e) are measured, the report shall state that no
excess resin vinyl chloride concentrations were measured.
(vi) The owner or operator shall retain at the source and make
available for inspection by the Administrator for a minimum of 3 years
records of all data needed to furnish the information required by
paragraph (c)(2)(v) of this section. The records are to contain the
following information:
(A) The vinyl chloride content found in all the samples required in
paragraphs (c)(2)(i) and (c)(2)(ii) of this section, identified by the
resin type and grade and the time and date of the sample, and
(B) The corresponding quantity of polyvinyl chloride resin processed
by the stripper(s), identified by the resin type and grade and the time
and date it represents.
(3) The owner or operator shall include in the report a record of
any emissions from each reactor opening in excess of the emission limits
prescribed in Sec. 61.64(a)(2). Emissions are to be determined in
accordance with Sec. 61.67(g)(5), except that emissions for each reactor
are to be determined. The number of reactor openings during the
reporting period shall be reported. If emissions in excess of the
emission limits are not detected, the report shall include a statement
that excess emissions have not been detected.
(4) In polyvinyl chloride plants for which stripping in the reactor
is used to attain the emission level prescribed in Sec. 61.64(f), the
owner or operator shall include in the report a record of the vinyl
chloride emissions from reactor opening loss and all sources following
the reactor used as a stripper.
(i) One representative sample of polyvinyl chloride resin is to be
taken from each batch of each grade of resin immediately following the
completion of the stripping operation, and identified by resin type and
grade and the date and time the batch is completed. The corresponding
quantity of material processed in each stripper batch is to be recorded
and identified by resin type and grade and the date and time the batch
is completed.
(ii) The vinyl chloride content in each sample is to be determined
by Test Method 107 as prescribed in Sec. 61.67(g)(3).
[[Page 51]]
(iii) The combined emissions from reactor opening loss and all
sources following the reactor used as a stripper are to be determined
for each batch stripped in a reactor according to the procedure
prescribed in Sec. 61.67(g)(6).
(iv) The report to the Administrator by the owner or operator is to
include a record of any 24-hour average combined reactor opening loss
and emissions from all sources following the reactor used as a stripper
as determined in this paragraph, in excess of the limits prescribed in
Sec. 61.64(f). The combined reactor opening loss and emissions from all
sources following the reactor used as a stripper associated with each
batch are to be averaged separately for each type of resin, over each
calendar day and weighted according to the quantity of each grade of
resin stripped in reactors that calendar day as follows:
For each type of resin (suspension, dispersion, latex, bulk, other),
the following calculation is to be performed:
where:
AT =24-hour average combined reactor opening loss and emissions
from all sources following the reactor used as a stripper, in
g vinyl chloride/kg product (dry weight basis).
QT=Total production of resin in batches for which stripping is
completed during the 24-hour period, in kg.
T=Type of resin.
CGi=Average combined reactor opening loss and emissions from all
sources following the reactor used as a stripper of all
batches of grade Gi resin for which stripping is
completed during the 24-hour period, in g vinyl chloride/kg
product (dry weight basis) (determined according to procedure
prescribed in Sec. 61.67(g)(6)).
PGi=Production of grade Gi resin in the batches for which C is
determined, in kg.
Gi=Grade of resin e.g., G1, G2, and G3.
n=Total number of grades of resin in batches for which stripping is
completed during the 24-hour period.
The number of 24-hour average emissions determined during the
reporting period shall be reported. If no 24-hour average combined
reactor opening loss and emissions from all sources following the
reactor used a stripper in excess of the limits prescribed in
Sec. 61.64(f) are determined, the report shall state that no excess
vinyl chloride emissions were determined.
[41 FR 46564, Oct. 21, 1976, as amended at 42 FR 29007, June 7, 1977; 50
FR 46295, Nov. 7, 1985; 51 FR 34914, Sept. 30, 1986; 53 FR 36972, Sept.
23, 1988; 53 FR 46976, Nov. 21, 1988]
Sec. 61.71 Recordkeeping.
(a) The owner or operator of any source to which this subpart
applies shall retain the following information at the source and make it
available for inspection to the Administrator for a minimum of 3 years:
(1) A record of the leaks detected by the vinyl chloride monitoring
system, as required by Sec. 61.65(b)(8), including the concentrations of
vinyl chloride measured, analyzed, and recorded by the vinyl chloride
detector, the location of each measurement and the date and approximate
time of each measurement.
(2) A record of the leaks detected during routine monitoring with
the portable hydrocarbon detector and the action taken to repair the
leaks, as required by Sec. 61.65(b)(8), including a brief statement
explaining the location and cause of each leak detected with the
portable hydrocarbon detector, the date and time of the leak, and any
action taken to eliminate that leak.
(3) A record of emissions measured in accordance with Sec. 61.68.
[[Page 52]]
(4) A daily operating record for each polyvinyl chloride reactor,
including pressures and temperatures.
[41 FR 46594, Oct. 21, 1976, as amended at 42 FR 29007, June 7, 1977; 51
FR 34914, Sept. 30, 1986]
Subpart G--[Reserved]
Subpart H--National Emission Standards for Emissions of Radionuclides
Other Than Radon From Department of Energy Facilities
Source: 54 FR 51695, Dec. 15, 1989, unless otherwise noted.
Sec. 61.90 Designation of facilities.
The provisions of this subpart apply to operations at any facility
owned or operated by the Department of Energy that emits any
radionuclide other than radon-222 and radon-220 into the air, except
that this subpart does not apply to disposal at facilities subject to 40
CFR part 191, subpart B or 40 CFR part 192.
Sec. 61.91 Definitions.
As used in this subpart, all terms not defined here have the meaning
given them in the Clean Air Act or 40 CFR part 61, subpart A. The
following terms shall have the following specific meanings:
(a) Effective dose equivalent means the sum of the products of
absorbed dose and appropriate factors to account for differences in
biological effectiveness due to the quality of radiation and its
distribution in the body of reference man. The unit of the effective
dose equivalent is the rem. For purposes of this subpart, doses caused
by radon-222 and its respective decay products formed after the radon is
released from the facility are not included. The method for calculating
effective dose equivalent and the definition of reference man are
outlined in the International Commission on Radiological Protection's
Publication No. 26.
(b) Facility means all buildings, structures and operations on one
contiguous site.
(c) Radionuclide means a type of atom which spontaneously undergoes
radioactive decay.
(d) Residence means any home, house, apartment building, or other
place of dwelling which is occupied during any portion of the relevant
year.
Sec. 61.92 Standard.
Emissions of radionuclides to the ambient air from Department of
Energy facilities shall not exceed those amounts that would cause any
member of the public to receive in any year an effective dose equivalent
of 10 mrem/yr.
Sec. 61.93 Emission monitoring and test procedures.
(a) To determine compliance with the standard, radionuclide
emissions shall be determined and effective dose equivalent values to
members of the public calculated using EPA approved sampling procedures,
computer models CAP-88 or AIRDOS-PC, or other procedures for which EPA
has granted prior approval. DOE facilities for which the maximally
exposed individual lives within 3 kilometers of all sources of emissions
in the facility, may use EPA's COMPLY model and associated procedures
for determining dose for purposes of compliance.
(b) Radionuclide emission rates from point sources (stacks or vents)
shall be measured in accordance with the following requirements or other
procedures for which EPA has granted prior approval:
(1) Effluent flow rate measurements shall be made using the
following methods:
(i) Reference Method 2 of appendix A to part 60 shall be used to
determine velocity and volumetric flow rates for stacks and large vents.
(ii) Reference Method 2A of appendix A to part 60 shall be used to
measure flow rates through pipes and small vents.
(iii) The frequency of the flow rate measurements shall depend upon
the variability of the effluent flow rate. For variable flow rates,
continuous or frequent flow rate measurements shall be made. For
relatively constant flow rates only periodic measurements are necessary.
[[Page 53]]
(2) Radionuclides shall be directly monitored or extracted,
collected and measured using the following methods:
(i) Reference Method 1 of appendix A part 60 shall be used to select
monitoring or sampling sites.
(ii) The effluent stream shall be directly monitored continuously
with an in-line detector or representative samples of the effluent
stream shall be withdrawn continuously from the sampling site following
the guidance presented in ANSIN13.1-1969 ``Guide to Sampling Airborne
Radioactive Materials in Nuclear Facilities'' (including the guidance
presented in appendix A of ANSIN13.1) (incorporated by reference--see
Sec. 61.18). The requirements for continuous sampling are applicable to
batch processes when the unit is in operation. Periodic sampling (grab
samples) may be used only with EPA's prior approval. Such approval may
be granted in cases where continuous sampling is not practical and
radionuclide emission rates are relatively constant. In such cases, grab
samples shall be collected with sufficient frequency so as to provide a
representative sample of the emissions.
(iii) Radionuclides shall be collected and measured using procedures
based on the principles of measurement described in appendix B, Method
114. Use of methods based on principles of measurement different from
those described in appendix B, Method 114 must have prior approval from
the Administrator. EPA reserves the right to approve measurement
procedures.
(iv) A quality assurance program shall be conducted that meets the
performance requirements described in appendix B, Method 114.
(3) When it is impractical to measure the effluent flow rate at an
existing source in accordance with the requirements of paragraph (b)(1)
of this section or to monitor or sample an effluent stream at an
existing source in accordance with the site selection and sample
extraction requirements of paragraph (b)(2) of this section, the
facility owner or operator may use alternative effluent flow rate
measurement procedures or site selection and sample extraction
procedures provided that:
(i) It can be shown that the requirements of paragraph (b) (1) or
(2) of this section are impractical for the effluent stream.
(ii) The alternative procedure will not significantly underestimate
the emissions.
(iii) The alternative procedure is fully documented.
(iv) The owner or operator has received prior approval from EPA.
(4)(i) Radionuclide emission measurements in conformance with the
requirements of paragraph (b) of this section shall be made at all
release points which have a potential to discharge radionuclides into
the air in quantities which could cause an effective dose equivalent in
excess of 1% of the standard. All radionuclides which could contribute
greater than 10% of the potential effective dose equivalent for a
release point shall be measured. With prior EPA approval, DOE may
determine these emissions through alternative procedures. For other
release points which have a potential to release radionuclides into the
air, periodic confirmatory measurements shall be made to verify the low
emissions.
(ii) To determine whether a release point is subject to the emission
measurement requirements of paragraph (b) of this section, it is
necessary to evaluate the potential for radionuclide emissions for that
release point. In evaluating the potential of a release point to
discharge radionuclides into the air for the purposes of this section,
the estimated radionuclide release rates shall be based on the discharge
of the effluent stream that would result if all pollution control
equipment did not exist, but the facilities operations were otherwise
normal.
(5) Environmental measurements of radionuclide air concentrations at
critical receptor locations may be used as an alternative to air
dispersion calculations in demonstrating compliance with the standard if
the owner or operator meets the following criteria:
(i) The air at the point of measurement shall be continuously
sampled for collection of radionuclides.
(ii) Those radionuclides released from the facility, which are the
major contributors to the effective dose equivalent must be collected
and measured as part of the environmental measurement program.
[[Page 54]]
(iii) Radionuclide concentrations which would cause an effective
dose equivalent of 10% of the standard shall be readily detectable and
distinguishable from background.
(iv) Net measured radionuclide concentrations shall be compared to
the concentration levels in Table 2 of appendix E to determine
compliance with the standard. In the case of multiple radionuclides
being released from a facility, compliance shall be demonstrated if the
value for all radionuclides is less than the concentration level in
Table 2, and the sum of the fractions that result when each measured
concentration value is divided by the value in Table 2 for each
radionuclide is less than 1.
(v) A quality assurance program shall be conducted that meets the
performance requirements described in appendix B, Method 114.
(vi) Use of environmental measurements to demonstrate compliance
with the standard is subject to prior approval of EPA. Applications for
approval shall include a detailed description of the sampling and
analytical methodology and show how the above criteria will be met.
Sec. 61.94 Compliance and reporting.
(a) Compliance with this standard shall be determined by calculating
the highest effective dose equivalent to any member of the public at any
offsite point where there is a residence, school, business or office.
The owners or operators of each facility shall submit an annual report
to both EPA headquarters and the appropriate regional office by June 30
which includes the results of the monitoring as recorded in DOE's
Effluent Information System and the dose calculations required by
Sec. 61.93(a) for the previous calendar year.
(b) In addition to the requirements of paragraph (a) of this
section, an annual report shall include the following information:
(1) The name and location of the facility.
(2) A list of the radioactive materials used at the facility.
(3) A description of the handling and processing that the
radioactive materials undergo at the facility.
(4) A list of the stacks or vents or other points where radioactive
materials are released to the atmosphere.
(5) A description of the effluent controls that are used on each
stack, vent, or other release point and an estimate of the efficiency of
each control device.
(6) Distances from the points of release to the nearest residence,
school, business or office and the nearest farms producing vegetables,
milk, and meat.
(7) The values used for all other user-supplied input parameters for
the computer models (e.g., meteorological data) and the source of these
data.
(8) A brief description of all construction and modifications which
were completed in the calendar year for which the report is prepared,
but for which the requirement to apply for approval to construct or
modify was waived under Sec. 61.96 and associated documentation
developed by DOE to support the waiver. EPA reserves the right to
require that DOE send to EPA all the information that normally would be
required in an application to construct or modify, following receipt of
the description and supporting documentation.
(9) Each report shall be signed and dated by a corporate officer or
public official in charge of the facility and contain the following
declaration immediately above the signature line: ``I certify under
penalty of law that I have personally examined and am familiar with the
information submitted herein and based on my inquiry of those
individuals immediately responsible for obtaining the information, I
believe that the submitted information is true, accurate and complete. I
am aware that there are significant penalties for submitting false
information including the possibility of fine and imprisonment. See, 18
U.S.C. 1001.''
(c) If the facility is not in compliance with the emission limits of
Sec. 61.92 in the calendar year covered by the report, then the facility
must commence reporting to the Administrator on a monthly basis the
information listed in paragraph (b) of this section, for the preceding
month. These reports will start the month immediately following the
submittal of the annual report for the year in noncompliance and will be
due 30 days following the end of each
[[Page 55]]
month. This increased level of reporting will continue until the
Administrator has determined that the monthly reports are no longer
necessary. In addition to all the information required in paragraph (b)
of this section, monthly reports shall also include the following
information:
(1) All controls or other changes in operation of the facility that
will be or are being installed to bring the facility into compliance.
(2) If the facility is under a judicial or administrative
enforcement decree, the report will describe the facilities performance
under the terms of the decree.
(d) In those instances where the information requested is
classified, such information will be made available to EPA separate from
the report and will be handled and controlled according to applicable
security and classification regulations and requirements.
Sec. 61.95 Recordkeeping requirements.
All facilities must maintain records documenting the source of input
parameters including the results of all measurements upon which they are
based, the calculations and/or analytical methods used to derive values
for input parameters, and the procedure used to determine effective dose
equivalent. This documentation should be sufficient to allow an
independent auditor to verify the accuracy of the determination made
concerning the facility's compliance with the standard. These records
must be kept at the site of the facility for at least five years and,
upon request, be made available for inspection by the Administrator, or
his authorized representative.
Sec. 61.96 Applications to construct or modify.
(a) In addition to any activity that is defined as construction
under 40 CFR part 61, subpart A, any fabrication, erection or
installation of a new building or structure within a facility that emits
radionuclides is also defined as new construction for purposes of 40 CFR
part 61, subpart A.
(b) An application for approval under Sec. 61.07 or notification of
startup under Sec. 61.09 does not need to be filed for any new
construction of or modification within an existing facility if the
effective dose equivalent, caused by all emissions from the new
construction or modification, is less than 1% of the standard prescribed
in Sec. 61.92. For purposes of this paragraph the effective dose
equivalent shall be calculated using the source term derived using
appendix D as input to the dispersion and other computer models
described in Sec. 61.93. DOE may, with prior approval from EPA, use
another procedure for estimating the source term for use in this
paragraph. A facility is eligible for this exemption only if, based on
its last annual report, the facility is in compliance with this subpart.
(c) Conditions to approvals granted under Sec. 61.08 will not
contain requirements for post approval reporting on operating conditions
beyond those specified in Sec. 61.94.
Sec. 61.97 Exemption from the reporting and testing requirements of 40 CFR 61.10.
All facilities designated under this subpart are exempt from the
reporting requirements of 40 CFR 61.10.
Subpart I--National Emission Standards for Radionuclide Emissions From
Facilities Licensed by the Nuclear Regulatory Commission and Federal
Facilities Not Covered by Subpart H
Source: 54 FR 51697, Dec. 15, 1989, unless otherwise noted.
Effective Date Note: The effectiveness of subpart I for nuclear
power reactors was stayed until April 15, 1991, at 56 FR 10514, Mar. 13,
1991. At 56 FR 37158, Aug. 5, 1991, the effective date was stayed in
part indefinitely. See Sec. 61.109(b).
Sec. 61.100 Applicability.
The provisions of this subpart apply to facilities other than
nuclear power reactors which are licensed by the Nuclear Regulatory
Commission. This subpart also applies to facilities owned or operated by
any Federal agency other than the Department of Energy, except that this
subpart does not apply to disposal at facilities regulated under 40 CFR
part 191, subpart B, or to any uranium mill tailings pile after it has
[[Page 56]]
been disposed of under 40 CFR part 192, or to low energy accelerators,
or to any NRC-licensee that possesses and uses radionuclides only in the
form of sealed sources.
[60 FR 46212, Sept. 5, 1995]
Sec. 61.101 Definitions.
As used in this subpart, all terms not defined here have the meaning
given them in the Clean Air Act or subpart A of part 61. The following
terms shall have the following specific meanings:
(a) Agreement State means a State with which the Atomic Energy
Commission or the Nuclear Regulatory Commission has entered into an
effective agreement under subsection 274(b) of the Atomic Energy Act of
1954, as amended.
(b) Effective dose equivalent means the sum of the products of
absorbed dose and appropriate factors to account for differences in
biological effectiveness due to the quality of radiation and its
distribution in the body of reference man. The unit of the effective
dose equivalent is the rem. For purposes of this subpart doses caused by
radon-222 and its decay products formed after the radon is released from
the facility are not included. The method for calculating effective dose
equivalent and the definition of reference man are outlined in the
International Commission on Radiological Protection's Publication No.
26.
(c) Facility means all buildings, structures and operations on one
contiguous site.
(d) Federal facility means any facility owned or operated by any
department, commission, agency, office, bureau or other unit of the
government of the United States of America except for facilities owned
or operated by the Department of Energy.
(e) NRC-licensed facility means any facility licensed by the Nuclear
Regulatory Commission or any Agreement State to receive title to,
receive, possess, use, transfer, or deliver any source, by-product, or
special nuclear material.
(f) Radionuclide means a type of atom which spontaneously undergoes
radioactive decay.
Sec. 61.102 Standard.
(a) Emissions of radionuclides, including iodine, to the ambient air
from a facility regulated under this subpart shall not exceed those
amounts that would cause any member of the public to receive in any year
an effective dose equivalent of 10 mrem/yr.
(b) Emissions of iodine to the ambient air from a facility regulated
under this subpart shall not exceed those amounts that would cause any
member of the public to receive in any year an effective dose equivalent
of 3 mrem/yr.
Sec. 61.103 Determining compliance.
(a) Compliance with the emission standard in this subpart shall be
determined through the use of either the EPA computer code COMPLY or the
alternative requirements of appendix E. Facilities emitting
radionuclides not listed in COMPLY or appendix E shall contact EPA to
receive the information needed to determine dose. The source terms to be
used for input into COMPLY shall be determined through the use of the
measurement procedures listed in Sec. 61.107 or the emission factors in
appendix D or through alternative procedures for which EPA has granted
prior approval; or,
(b) Facilities may demonstrate compliance with the emission standard
in this subpart through the use of computer models that are equivalent
to COMPLY, provided that the model has received prior approval from EPA
headquarters. Any facility using a model other than COMPLY must file an
annual report. EPA may approve an alternative model in whole or in part
and may limit its use to specific circumstances.
Sec. 61.104 Reporting requirements.
(a) The owner or operator of a facility subject to this subpart must
submit an annual report to the EPA covering the emissions of a calendar
year by March 31 of the following year.
(1) The report or application for approval to construct or modify as
required by 40 CFR part 61, subpart A and Sec. 61.106, must provide the
following information:
(i) The name of the facility.
(ii) The name of the person responsible for the operation of the
facility
[[Page 57]]
and the name of the person preparing the report (if different).
(iii) The location of the facility, including suite and/or building
number, street, city, county, state, and zip code.
(iv) The mailing address of the facility, if different from item
(iii).
(v) A list of the radioactive materials used at the facility.
(vi) A description of the handling and processing that the
radioactive materials undergo at the facility.
(vii) A list of the stacks or vents or other points where
radioactive materials are released to the atmosphere.
(viii) A description of the effluent controls that are used on each
stack, vent, or other release point and an estimate of the efficiency of
each device.
(ix) Distances from the point of release to the nearest residence,
school, business or office and the nearest farms producing vegetables,
milk, and meat.
(x) The effective dose equivalent calculated using the compliance
procedures in Sec. 61.103.
(xi) The physical form and quantity of each radionuclide emitted
from each stack, vent or other release point, and the method(s) by which
these quantities were determined.
(xii) The volumetric flow, diameter, effluent temperature, and
release height for each stack, vent or other release point where
radioactive materials are emitted, the method(s) by which these were
determined.
(xiii) The height and width of each building from which
radionuclides are emitted.
(xiv) The values used for all other user-supplied input parameters
(e.g., meteorological data) and the source of these data.
(xv) A brief description of all construction and modifications which
were completed in the calendar year for which the report is prepared,
but for which the requirement to apply for approval to construct or
modify was waived under Sec. 61.106, and associated documentation
developed by the licensee to support the waiver. EPA reserves the right
to require that the licensee send to EPA all the information that
normally would be required in an application to construct or modify,
following receipt of the description and supporting documentation.
(xvi) Each report shall be signed and dated by a corporate officer
or public official in charge of the facility and contain the following
declaration immediately above the signature line: ``I certify under
penalty of law that I have personally examined and am familiar with the
information submitted herein and based on my inquiry of those
individuals immediately responsible for obtaining the information, I
believe that the submitted information is true, accurate and complete. I
am aware that there are significant penalties for submitting false
information including the possibility of fine and imprisonment. See, 18
U.S.C. 1001.''
(b) Facilities emitting radionuclides in an amount that would cause
less than 10% of the dose standard in Sec. 61.102, as determined by the
compliance procedures from Sec. 61.103(a), are exempt from the reporting
requirements of Sec. 61.104(a). Facilities shall annually make a new
determination whether they are exempt from reporting.
(c) If the facility is not in compliance with the emission limits of
Sec. 61.102 in the calendar year covered by the report, the facility
must report to the Administrator on a monthly basis the information
listed in paragraph (a) of this section, for the preceding month. These
reports will start the month immediately following the submittal of the
annual report for the year in noncompliance and will be due 30 days
following the end of each month. This increased level of reporting will
continue until the Administrator has determined that the monthly reports
are no longer necessary. In addition to all the information required in
paragraph (a) of this section, monthly reports shall also include the
following information:
(1) All controls or other changes in operation of the facility that
will be or are being installed to bring the facility into compliance.
(2) If the facility is under a judicial or administrative
enforcement decree the report will describe the facilities performance
under the terms of the decree.
(d) The first report will cover the emissions of calendar year 1990.
[[Page 58]]
Sec. 61.105 Recordkeeping requirements.
The owner or operator of any facility must maintain records
documenting the source of input parameters including the results of all
measurements upon which they are based, the calculations and/or
analytical methods used to derive values for input parameters, and the
procedure used to determine compliance. This documentation should be
sufficient to allow an independent auditor to verify the accuracy of the
determination made concerning the facility's compliance with the
standard, and, if claimed, qualification for exemption from reporting.
These records must be kept at the site of the facility for at least five
years and upon request be made available for inspection by the
Administrator, or his authorized representative.
Sec. 61.106 Applications to construct or modify.
(a) In addition to any activity that is defined as construction
under 40 CFR part 61, subpart A, any fabrication, erection or
installation of a new building or structure within a facility is also
defined as new construction for purposes of 40 CFR part 61, subpart A.
(b) An application under Sec. 61.07 does not need to be filed for
any new construction of or modification within an existing facility if
one of the following conditions is met:
(1) The effective dose equivalent calculated by using methods
described in Sec. 61.103, that is caused by all emissions from the
facility including those potentially emitted by the proposed new
construction or modification, is less than 10% of the standard
prescribed in Sec. 61.102.
(2) The effective dose equivalent calculated by using methods
described in Sec. 61.103, that is caused by all emissions from the new
construction or modification, is less than 1% of the limit prescribed in
Sec. 61.102. A facility is eligible for this exemption only if the
facility, based on its last annual report, is in compliance with this
subpart.
Sec. 61.107 Emission determination.
(a) Facility owners or operators may, in lieu of monitoring,
estimate radionuclide emissions in accordance with appendix D, or other
procedure for which EPA has granted prior approval.
(b) Radionuclide emission rates from point sources (e.g. stacks or
vents) shall be measured in accordance with the following requirements:
(1) Effluent flow rate measurements shall be made using the
following methods:
(i) Reference Method 2 of appendix A to part 60 shall be used to
determine velocity and volumetric flow rates for stacks and large vents.
(ii) Reference Method 2A of appendix A to part 60 shall be used to
measure flow rates through pipes and small vents.
(iii) The frequency of the flow rate measurements shall depend upon
the variability of the effluent flow rate. For variable flow rates,
continuous or frequent flow rate measurements shall be made. For
relatively constant flow rates only periodic measurements are necessary.
(2) Radionuclides shall be directly monitored or extracted,
collected, and measured using the following methods:
(i) Reference Method 1 of appendix A part 60 shall be used to select
monitoring or sampling sites.
(ii) The effluent stream shall be directly monitored continuously
using an in-line detector or representative samples of the effluent
stream shall be withdrawn continuously from the sampling site following
the guidance presented in ANSIN13.1-1969 ``Guide to Sampling Airborne
Radioactive Materials in Nuclear Facilities'' (including the guidance
presented in appendix A of ANSIN13.1) (incorporated by reference--see
Sec. 61.18). The requirements for continuous sampling are applicable to
batch processes when the unit is in operation. Periodic sampling (grab
samples) may be used only with EPA's prior approval. Such approval may
be granted in cases where continuous sampling is not practical and
radionuclide emission rates are relatively constant. In such cases, grab
samples shall be collected with sufficient frequency so as to provide a
representative sample of the emissions.
(iii) Radionuclides shall be collected and measured using procedures
based on the principles of measurement described in appendix B, Method
114. Use
[[Page 59]]
of methods based on principles of measurement different from those
described in appendix B, Method 114 must have prior approval from the
Administrator. EPA reserves the right to approve alternative measurement
procedures in whole or in part.
(iv) A quality assurance program shall be conducted that meets the
performance requirements described in appendix B, method 114.
(3) When it is impractical to measure the effluent flow rate at an
existing source in accordance with the requirements of paragraph (b)(1)
of this section or to monitor or sample an effluent stream at an
existing source in accordance with the site selection and sample
extraction requirements of paragraph (b)(2) of this section, the
facility owner or operator may use alternative effluent flow rate
measurement procedures or site selection and sample extraction
procedures provided that:
(i) It can be shown that the requirements of paragraphs (b) (1) and
(2) of this section are impractical for the effluent stream.
(ii) The alternative procedure will not significantly underestimate
the emissions.
(iii) The alternative procedure is fully documented.
(iv) The owner or operator has received prior approval from EPA.
(4)(i) Radionuclide emission measurements in conformance with the
requirements of paragraph (b) of this section shall be made at all
release points which have a potential to discharge radionuclides into
the air in quantities which could cause an effective dose equivalent in
excess of 1% of the standard. All radionuclides which could contribute
greater than 10% of the potential effective dose equivalent for a
release point shall be measured. For other release points which have a
potential to release radionuclides into the air, periodic confirmatory
measurements should be made to verify the low emissions.
(ii) To determine whether a release point is subject to the emission
measurement requirements of paragraph (b) of this section, it is
necessary to evaluate the potential for radionuclide emissions for that
release point. In evaluating the potential of a release point to
discharge radionuclides into the air, the estimated radionuclide release
rates shall be based on the discharge of the uncontrolled effluent
stream into the air.
(5) Environmental measurements of radionuclide air concentrations at
critical receptor locations may be used as an alternative to air
dispersion calculations in demonstrating compliance with the standards
if the owner or operator meets the following criteria:
(i) The air at the point of measurement shall be continuously
sampled for collection of radionuclides.
(ii) Those radionuclides released from the facility, which are the
major contributors to the effective dose equivalent must be collected
and measured as part of the environmental measurements program.
(iii) Radionuclide concentrations which would cause an effective
dose equivalent greater than or equal to 10% of the standard shall be
readily detectable and distinguishable from background.
(iv) Net measured radionuclide concentrations shall be compared to
the concentration levels in table 2 of appendix E to determine
compliance with the standard. In the case of multiple radionuclides
being released from a facility, compliance shall be demonstrated if the
value for all radionuclides is less than the concentration level in
table 2 and the sum of the fractions that result when each measured
concentration value is divided by the value in table 2 for each
radionuclide is less than 1.
(v) A quality assurance program shall be conducted that meets the
performance requirements described in appendix B, method 114.
(vi) Use of environmental measurements to demonstrate compliance
with the standard is subject to prior approval of EPA. Applications for
approval shall include a detailed description of the sampling and
analytical methodology and show how the above criteria will be met.
(c) The following facilities may use either the methodologies and
quality assurance programs described in paragraph (b) of this section or
may use the following:
[[Page 60]]
(1) Fuel processing and fabrication plants and uranium hexafluoride
plants may determine their emissions in conformance with the Nuclear
Regulatory Commission's Regulatory Guide 4.16 dated December 1985. In
addition, they may conduct a quality assurance program as described in
the Nuclear Regulatory Commission's Regulatory Guide 4.15 dated February
1979.
(2) Uranium mills may determine their emissions in conformance with
the Nuclear Regulatory Commission's Regulatory Guide 4.14 dated April
1980. In addition, they may conduct a quality assurance program as
described in the Nuclear Regulatory Commission's Regulatory Guide 4.15
dated February 1979.
[54 FR 51697, Dec. 15, 1989, as amended at 61 FR 46212, Sept. 5, 1995]
Sec. 61.108 Exemption from the reporting and testing requirements of 40 CFR 61.10.
All facilities designated under this subpart are exempt from the
reporting requirements of 40 CFR 61.10.
Subpart J--National Emission Standard for Equipment Leaks (Fugitive
Emission Sources) of Benzene
Source: 49 FR 23513, June 6, 1984, unless otherwise noted.
Sec. 61.110 Applicability and designation of sources.
(a) The provisions of this subpart apply to each of the following
sources that are intended to operate in benzene service: pumps,
compressors, pressure relief devices, sampling connections, systems,
open-ended valves or lines, valves, flanges and other connectors,
product accumulator vessels, and control devices or systems required by
this subpart.
(b) The provisions of this subpart do not apply to sources located
in coke by-product plants.
(c)(1) If an owner or operator applies for one of the exemptions in
this paragraph, then the owner or operator shall maintain records as
required in Sec. 61.246(i).
(2) Any equipment in benzene service that is located at a plant site
designed to produce or use less than 1,000 megagrams of benzene per year
is exempt from the requirements of Sec. 61.112.
(3) Any process unit (defined in Sec. 61.241) that has no equipment
in benzene service is exempt from the requirements of Sec. 61.112.
(d) While the provisions of this subpart are effective, a source to
which this subpart applies that is also subject to the provisions of 40
CFR part 60 only will be required to comply with the provisions of this
subpart.
Sec. 61.111 Definitions.
As used in this subpart, all terms not defined herein shall have the
meaning given them in the Act, in subpart A of part 61, or in subpart V
of part 61, and the following terms shall have the specific meanings
given them:
In benzene service means that a piece of equipment either contains
or contacts a fluid (Liquid or gas) that is at least 10 percent benzene
by weight as determined according to the provisions of Sec. 61.245(d).
The provisions of Sec. 61.245(d) also specify how to determine that a
piece of equipment is not in benzene service.
Semiannual means a 6-month period; the first semiannual period
concludes on the last day of the last month during the 180 days
following initial startup for new sources; and the first semiannual
period concludes on the last day of the last full month during the 180
days after June 6, 1984 for existing sources.
Sec. 61.112 Standards.
(a) Each owner or operator subject to the provisions of this subpart
shall comply with the requirements of subpart V of this part.
(b) An owner or operator may elect to comply with the requirements
of Secs. 61.243-1 and 61.243-2.
(c) An owner or operator may apply to the Administrator for a
determination of an alternative means of emission limitation that
achieves a reduction in emissions of benzene at least equivalent to the
reduction in emissions of benzene achieved by the controls required in
this subpart. In doing so, the owner or operator shall comply with
requirements of Sec. 61.244.
[[Page 61]]
Subpart K--National Emission Standards for Radionuclide Emissions From
Elemental Phosphorus Plants
Source: 54 FR 51699, Dec. 15, 1989, unless otherwise noted.
Sec. 61.120 Applicability.
The provisions of this subpart are applicable to owners or operators
of calciners and nodulizing kilns at elemental phosphorus plants.
Sec. 61.121 Definitions.
(a) Elemental phosphorus plant or plant means any facility that
processes phosphate rock to produce elemental phosphorus. A plant
includes all buildings, structures, operations, calciners and nodulizing
kilns on one contiguous site.
(b) Calciner or Nodulizing kiln means a unit in which phosphate rock
is heated to high temperatures to remove organic material and/or to
convert it to a nodular form. For the purpose of this subpart, calciners
and nodulizing kilns are considered to be similar units.
Sec. 61.122 Emission standard.
Emissions of polonium-210 to the ambient air from all calciners and
nodulizing kilns at an elemental phosphorus plant shall not exceed a
total of 2 curies a year; except that compliance with this standard may
be conclusively shown if the elemental phosphorus plant:
(a) Installs a Hydro-Sonic Tandem Nozzle Fixed Throat
Free-Jet Scrubber System including four scrubber units,
(b) All four scrubber units are operated continuously with a minimum
average over any 6-hour period of 40 inches (water column) of pressure
drop across each scrubber during calcining of phosphate shale,
(c) The system is used to scrub emissions from all calciners and/or
nodulizing kilns at the plant, and
(d) Total emissions of polonium-210 from the plant do not exceed 4.5
curies per year.
Alternative operating conditions, which can be shown to achieve an
overall removal efficiency for emissions of polonium-210 which is equal
to or greater than the efficiency which would be achieved under the
operating conditions described in paragraphs (a), (b), and (c) of this
section, may be used with prior approval of the Administrator. A
facility shall apply for such approval in writing, and the Administrator
shall act upon the request within 30 days after receipt of a complete
and technically sufficient application.
[56 FR 65943, Dec. 19, 1991]
Sec. 61.123 Emission testing.
(a) Each owner or operator of an elemental phosphorus plant shall
test emissions from the plant within 90 days of the effective date of
this standard and annually thereafter. The Administrator may temporarily
or permanently waive the annual testing requirement or increase the
frequency of testing, if the Administrator determines that more testing
is required.
(b) The Administrator shall be notified at least 30 days prior to an
emission test so that EPA may, at its option, observe the test.
(c) An emission test shall be conducted at each operational calciner
or nodulizing kiln. If emissions from a calciner or nodulizing kiln are
discharged through more than one stack, then an emission test shall be
conducted at each stack and the total emission rate from the calciner or
kiln shall be the sum of the emission rates from each of the stacks.
(d) Each emission test shall consist of three sampling runs that
meet the requirements of Sec. 61.125. The phosphate rock processing rate
during each run shall be recorded. An emission rate in curies per metric
ton of phosphate rock processed shall be calculated for each run. The
average of all three runs shall apply in computing the emission rate for
the test. The annual polonium-210 emission rate from a calciner or
nodulizing kiln shall be determined by multiplying the measured
polonium-210 emission rate in curies per metric ton of phosphate rock
processed by the annual phosphate rock processing rate in metric tons.
In determining the annual phosphate rock processing rate, the values
used for operating hours and operating capacity shall be values that
will maximize the expected processing rate. For determining compliance
with
[[Page 62]]
the emission standard of Sec. 61.122, the total annual emission rate is
the sum of the annual emission rates for all operating calciners and
nodulizing kilns.
(e) If the owner or operator changes his operation in such a way as
to increase his emissions of polonium-210, such as changing the type of
rock processed, the temperature of the calciners or kilns, or increasing
the annual phosphate rock processing rate, then a new emission test,
meeting the requirements of this section, shall be conducted within 45
days under these conditions.
(f) Each owner or operator of an elemental phosphorus plant shall
furnish the Administrator with a written report of the results of the
emission test within 60 days of conducting the test. The report must
provide the following information:
(1) The name and location of the facility.
(2) The name of the person responsible for the operation of the
facility and the name of the person preparing the report (if different).
(3) A description of the effluent controls that are used on each
stack, vent, or other release point and an estimate of the efficiency of
each device.
(4) The results of the testing, including the results of each
sampling run completed.
(5) The values used in calculating the emissions and the source of
these data.
(6) Each report shall be signed and dated by a corporate officer in
charge of the facility and contain the following declaration immediately
above the signature line: ``I certify under penalty of law that I have
personally examined and am familiar with the information submitted
herein and based on my inquiry of those individuals immediately
responsible for obtaining the information, I believe that the submitted
information is true, accurate and complete. I am aware that there are
significant penalties for submitting false information including the
possibility of fine and imprisonment. See, 18 U.S.C. 1001.''
Sec. 61.124 Recordkeeping requirements.
The owner or operator of any plant must maintain records documenting
the source of input parameters including the results of all measurements
upon which they are based, the calculations and/or analytical methods
used to derive values for input parameters, and the procedure used in
emission testing. This documentation should be sufficient to allow an
independent auditor to verify the accuracy of the results of the
emission testing. These records must be kept at the site of the plant
for at least five years and, upon request, be made available for
inspection by the Administrator, or his authorized representative.
Sec. 61.125 Test methods and procedures.
(a) Each owner or operator of a source required to test emissions
under Sec. 61.123, unless an equivalent or alternate method has been
approved by the Administrator, shall use the following test methods:
(1) Test Method 1 of appendix A to 40 CFR part 60 shall be used to
determine sample and velocity traverses;
(2) Test Method 2 of appendix A to 40 CFR part 60 shall be used to
determine velocity and volumetric flow rate;
(3) Test Method 3 of appendix A to 40 CFR part 60 shall be used for
gas analysis;
(4) Test Method 5 of appendix A to 40 CFR part 60 shall be used to
collect particulate matter containing the polonium-210; and
(5) Test Method 111 of appendix B to 40 CFR part 61 shall be used to
determine the polonium-210 emissions.
Sec. 61.126 Monitoring of operations.
(a) The owner or operator of any source subject to this subpart
using a wet-scrubbing emission control device shall install, calibrate,
maintain, and operate a monitoring device for the continuous measurement
and recording of the pressure drop of the gas stream across each
scrubber. The monitoring device must be certified by the manufacturer to
be accurate within 250 pascal (1 inch of water).
The owner or operator of any source subject to this subpart using a wet-
scrubbing emission control device shall also install, calibrate,
maintain, and operate a monitoring device for the continuous measurement
and recording of the scrubber
[[Page 63]]
fluid flow rate. These continuous measurement recordings shall be
maintained at the source and made available for inspection by the
Administrator, or his authorized representative, for a minimum of 5
years.
(b) The owner or operator of any source subject to this subpart
using an electrostatic precipitator control device shall install,
calibrate, maintain, and operate a monitoring device for the continuous
measurement and recording of the primary and secondary current and the
voltage in each electric field. These continuous measurement recordings
shall be maintained at the source and made available for inspection by
the Administrator, or his authorized representative, for a minimum of 5
years.
[56 FR 65943, Dec. 19, 1991]
Sec. 61.127 Exemption from the reporting and testing requirements of 40 CFR 61.10.
All facilities designated under this subpart are exempt from the
reporting requirements of 40 CFR 61.10.
Subpart L--National Emission Standard for Benzene Emissions from Coke
By-Product Recovery Plants
Source: 54 FR 38073, Sept. 14, 1989, unless otherwise noted.
Sec. 61.130 Applicability, designation of sources, and delegation of authority.
(a) The provisions of this subpart apply to each of the following
sources at furnace and foundry coke by-product recovery plants: tar
decanters, tar storage tanks, tar-intercepting sumps, flushing-liquor
circulation tanks, light-oil sumps, light-oil condensers, light-oil
decanters, wash-oil decanters, wash-oil circulation tanks, naphthalene
processing, final coolers, final-cooler cooling towers, and the
following equipment that are intended to operate in benzene service:
pumps, valves, exhausters, pressure relief devices, sampling connection
systems, open-ended valves or lines, flanges or other connectors, and
control devices or systems required by Sec. 61.135.
(b) The provisions of this subpart also apply to benzene storage
tanks, BTX storage tanks, light-oil storage tanks, and excess ammonia-
liquor storage tanks at furnace coke by-product recovery plants.
(c) In delegating implementation and enforcement authority to a
State under section 112 of the Act, the authorities contained in
paragraph (d) of this section shall be retained by the Administrator and
not transferred to a State.
(d) Authorities that will not be delegated to States:
Sec. 61.136(d).
[54 FR 51699, Dec. 15, 1989, as amended at 56 FR 47406, Sept. 19, 1991]
Sec. 61.131 Definitions.
As used in this subpart, all terms not defined herein shall have the
meaning given them in the Act, in subpart A of part 61, and in subpart V
of part 61. The following terms shall have the specific meanings given
them:
Annual coke production means the coke produced in the batteries
connected to the coke by-product recovery plant over a 12-month period.
The first 12-month period concludes on the first December 31 that comes
at least 12 months after the effective date or after the date of initial
startup if initial startup is after the effective date.
Benzene storage tank means any tank, reservoir, or container used to
collect or store refined benzene.
BTX storage tank means any tank, reservoir, or container used to
collect or store benzene-toluene-xylene or other light-oil fractions.
Car seal means a seal that is placed on the device used to change
the position of a valve (e.g., from open to closed) such that the
position of the valve cannot be changed without breaking the seal and
requiring the replacement of the old seal, once broken, with a new seal.
Coke by-product recovery plant means any plant designed and operated
for the separation and recovery of coal tar derivatives (by-products)
evolved from coal during the coking process of a coke oven battery.
Equipment means each pump, valve, exhauster, pressure relief device,
sampling connection system, open-ended
[[Page 64]]
valve or line, and flange or other connector in benzene service.
Excess ammonia-liquor storage tank means any tank, reservoir, or
container used to collect or store a flushing liquor solution prior to
ammonia or phenol recovery.
Exhauster means a fan located between the inlet gas flange and
outlet gas flange of the coke oven gas line that provides motive power
for coke oven gases.
Foundry coke means coke that is produced from raw materials with
less than 26 percent volatile material by weight and that is subject to
a coking period of 24 hours or more. Percent volatile material of the
raw materials (by weight) is the weighted average percent volatile
material of all raw materials (by weight) charged to the coke oven per
coking cycle.
Foundry coke by-product recovery plant means a coke by-product
recovery plant connected to coke batteries whose annual coke production
is at least 75 percent foundry coke.
Flushing-liquor circulation tank means any vessel that functions to
store or contain flushing liquor that is separated from the tar in the
tar decanter and is recirculated as the cooled liquor to the gas
collection system.
Furnace coke means coke produced in by-product ovens that is not
foundry coke.
Furnace coke by-product recovery plant means a coke by-product
recovery plant that is not a foundry coke by-product recovery plant.
In benzene service means a piece of equipment, other than an
exhauster, that either contains or contacts a fluid (liquid or gas) that
is at least 10 percent benzene by weight or any exhauster that either
contains or contacts a fluid (liquid or gas) at least 1 percent benzene
by weight as determined by the provisions of Sec. 61.137(b). The
provisions of Sec. 61.137(b) also specify how to determine that a piece
of equipment is not in benzene service.
Light-oil condenser means any unit in the light-oil recovery
operation that functions to condense benzene-containing vapors.
Light-oil decanter means any vessel, tank, or other type of device
in the light-oil recovery operation that functions to separate light oil
from water downstream of the light-oil condenser. A light-oil decanter
also may be known as a light-oil separator.
Light-oil storage tank means any tank, reservoir, or container used
to collect or store crude or refined light-oil.
Light-oil sump means any tank, pit, enclosure, or slop tank in
light-oil recovery operations that functions as a wastewater separation
device for hydrocarbon liquids on the surface of the water.
Naphthalene processing means any operations required to recover
naphthalene including the separation, refining, and drying of crude or
refined naphthalene.
Non-regenerative carbon adsorber means a series, over time, of non-
regenerative carbon beds applied to a single source or group of sources,
where non-regenerative carbon beds are carbon beds that are either never
regenerated or are moved from their location for regeneration.
Process vessel means each tar decanter, flushing-liquor circulation
tank, light-oil condenser, light-oil decanter, wash-oil decanter, or
wash-oil circulation tank.
Regenerative carbon adsorber means a carbon adsorber applied to a
single source or group of sources, in which the carbon beds are
regenerated without being moved from their location.
Semiannual means a 6-month period; the first semiannual period
concludes on the last day of the last full month during the 180 days
following initial startup for new sources; the first semiannual period
concludes on the last day of the last full month during the 180 days
after the effective date of the regulation for existing sources.
Tar decanter means any vessel, tank, or container that functions to
separate heavy tar and sludge from flushing liquor by means of gravity,
heat, or chemical emulsion breakers. A tar decanter also may be known as
a flushing-liquor decanter.
Tar storage tank means any vessel, tank, reservoir, or other type of
container used to collect or store crude tar or tar-entrained
naphthalene, except for tar products obtained by distillation, such as
coal tar pitch, creosotes,
[[Page 65]]
or carbolic oil. This definition also includes any vessel, tank,
reservoir, or container used to reduce the water content of the tar by
means of heat, residence time, chemical emulsion breakers, or
centrifugal separation. A tar storage tank also may be known as a tar-
dewatering tank.
Tar-intercepting sump means any tank, pit, or enclosure that serves
to receive or separate tars and aqueous condensate discharged from the
primary cooler. A tar-intercepting sump also may be known as a primary-
cooler decanter.
Vapor incinerator means any enclosed combustion device that is used
for destroying organic compounds and does not necessarily extract energy
in the form of steam or process heat.
Wash-oil circulation tank means any vessel that functions to hold
the wash oil used in light-oil recovery operations or the wash oil used
in the wash-oil final cooler.
Wash-oil decanter means any vessel that functions to separate, by
gravity, the condensed water from the wash oil received from a wash-oil
final cooler or from a light-oil scrubber.
[54 FR 38073, Sept. 14, 1989, as amended at 56 FR 47406, Sept. 19, 1991]
Sec. 61.132 Standard: Process vessels, storage tanks, and tar-intercepting sumps.
(a)(1) Each owner or operator of a furnace or a foundry coke
byproduct recovery plant shall enclose and seal all openings on each
process vessel, tar storage tank, and tar-intercepting sump.
(2) The owner or operator shall duct gases from each process vessel,
tar storage tank, and tar-intercepting sump to the gas collection
system, gas distribution system, or other enclosed point in the by-
product recovery process where the benzene in the gas will be recovered
or destroyed. This control system shall be designed and operated for no
detectable emissions, as indicated by an instrument reading of less than
500 ppm above background and visual inspections, as determined by the
methods specified in Sec. 61.245(c). This system can be designed as a
closed, positive pressure, gas blanketing system.
(i) Except, the owner or operator may elect to install, operate, and
maintain a pressure relief device, vacuum relief device, an access
hatch, and a sampling port on each process vessel, tar storage tank, and
tar-intercepting sump. Each access hatch and sampling port must be
equipped with a gasket and a cover, seal, or lid that must be kept in a
closed position at all times, unless in actual use.
(ii) The owner or operator may elect to leave open to the atmosphere
the portion of the liquid surface in each tar decanter necessary to
permit operation of a sludge conveyor. If the owner or operator elects
to maintain an opening on part of the liquid surface of the tar
decanter, the owner or operator shall install, operate, and maintain a
water leg seal on the tar decanter roof near the sludge discharge chute
to ensure enclosure of the major portion of liquid surface not necessary
for the operation of the sludge conveyor.
(b) Following the installation of any control equipment used to meet
the requirements of paragraph (a) of this section, the owner or operator
shall monitor the connections and seals on each control system to
determine if it is operating with no detectable emissions, using
Reference Method 21 (40 CFR part 60, appendix A) and procedures
specified in Sec. 61.245(c), and shall visually inspect each source
(including sealing materials) and the ductwork of the control system for
evidence of visible defects such as gaps or tears. This monitoring and
inspection shall be conducted on a semiannual basis and at any other
time after the control system is repressurized with blanketing gas
following removal of the cover or opening of the access hatch.
(1) If an instrument reading indicates an organic chemical
concentration more than 500 ppm above a background concentration, as
measured by Reference Method 21, a leak is detected.
(2) If visible defects such as gaps in sealing materials are
observed during a visual inspection, a leak is detected.
(3) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected.
(4) A first attempt at repair of any leak or visible defect shall be
made no
[[Page 66]]
later than 5 calendar days after each leak is detected.
(c) Following the installation of any control system used to meet
the requirements of paragraph (a) of this section, the owner or operator
shall conduct a maintenance inspection of the control system on an
annual basis for evidence of system abnormalities, such as blocked or
plugged lines, sticking valves, plugged condensate traps, and other
maintenance defects that could result in abnormal system operation. The
owner or operator shall make a first attempt at repair within 5 days,
with repair within 15 days of detection.
(d) Each owner or operator of a furnace coke by-product recovery
plant also shall comply with the requirements of paragraphs (a)-(c) of
this section for each benzene storage tank, BTX storage tank, light-oil
storage tank, and excess ammonia-liquor storage tank.
Sec. 61.133 Standard: Light-oil sumps.
(a) Each owner or operator of a light-oil sump shall enclose and
seal the liquid surface in the sump to form a closed system to contain
the emissions.
(1) Except, the owner or operator may elect to install, operate, and
maintain a vent on the light-oil sump cover. Each vent pipe must be
equipped with a water leg seal, a pressure relief device, or vacuum
relief device.
(2) Except, the owner or operator may elect to install, operate, and
maintain an access hatch on each light-oil sump cover. Each access hatch
must be equipped with a gasket and a cover, seal, or lid that must be
kept in a closed position at all times, unless in actual use.
(3) The light-oil sump cover may be removed for periodic maintenance
but must be replaced (with seal) at completion of the maintenance
operation.
(b) The venting of steam or other gases from the by-product process
to the light-oil sump is not permitted.
(c) Following the installation of any control equipment used to meet
the requirements of paragraph (a) of this section, the owner or operator
shall monitor the connections and seals on each control system to
determine if it is operating with no detectable emissions, using
Reference Method 21 (40 CFR part 60, appendix A) and the procedures
specified in Sec. 61.245(c), and shall visually inspect each source
(including sealing materials) for evidence of visible defects such as
gaps or tears. This monitoring and inspection shall be conducted
semiannually and at any other time the cover is removed.
(1) If an instrument reading indicates an organic chemical
concentration more than 500 ppm above a background concentration, as
measured by Reference Method 21, a leak is detected.
(2) If visible defects such as gaps in sealing materials are
observed during a visual inspection, a leak is detected.
(3) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected.
(4) A first attempt at repair of any leak or visible defect shall be
made no later than 5 calendar days after each leak is detected.
Sec. 61.134 Standard: Naphthalene processing, final coolers, and final-cooler cooling towers.
(a) No (``zero'') emissions are allowed from naphthalene processing,
final coolers and final-cooler cooling towers at coke by-product
recovery plants.
Sec. 61.135 Standard: Equipment leaks.
(a) Each owner or operator of equipment in benzene service shall
comply with the requirements of 40 CFR part 61, subpart V, except as
provided in this section.
(b) The provisions of Sec. 61.242-3 and Sec. 61.242-9 of subpart V
do not apply to this subpart.
(c) Each piece of equipment in benzene service to which this subpart
applies shall be marked in such a manner that it can be distinguished
readily from other pieces of equipment in benzene service.
(d) Each exhauster shall be monitored quarterly to detect leaks by
the methods specified in Sec. 61.245(b) except as provided in
Sec. 61.136(d) and paragraphs (e)-(g) of this section.
(1) If an instrument reading of 10,000 ppm or greater is measured, a
leak is detected.
(2) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after it
[[Page 67]]
is detected, except as provided in Sec. 61.242-10 (a) and (b). A first
attempt at repair shall be made no later than 5 calendar days after each
leak is detected.
(e) Each exhauster equipped with a seal system that includes a
barrier fluid system and that prevents leakage of process fluids to the
atmosphere is exempt from the requirements of paragraph (d) of this
section provided the following requirements are met:
(1) Each exhauster seal system is:
(i) Operated with the barrier fluid at a pressure that is greater
than the exhauster stuffing box pressure; or
(ii) Equipped with a barrier fluid system that is connected by a
closed vent system to a control device that complies with the
requirements of Sec. 61.242-11; or
(iii) Equipped with a system that purges the barrier fluid into a
process stream with zero benzene emissions to the atmosphere.
(2) The barrier fluid is not in benzene service.
(3) Each barrier fluid system shall be equipped with a sensor that
will detect failure of the seal system, barrier fluid system, or both.
(4)(i) Each sensor as described in paragraph (e)(3) of this section
shall be checked daily or shall be equipped with an audible alarm.
(ii) The owner or operator shall determine, based on design
considerations and operating experience, a criterion that indicates
failure of the seal system, the barrier fluid system, or both.
(5) If the sensor indicates failure of the seal system, the barrier
system, or both (based on the criterion determined under paragraph
(e)(4)(ii) of this section), a leak is detected.
(6)(i) When a leak is detected, it shall be repaired as soon as
practicable, but not later than 15 calendar days after it is detected,
except as provided in Sec. 61.242-10.
(ii) A first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(f) An exhauster is exempt from the requirements of paragraph (d) of
this section if it is equipped with a closed vent system capable of
capturing and transporting any leakage from the seal or seals to a
control device that complies with the requirements of Sec. 61.242-11
except as provided in paragraph (g) of this section.
(g) Any exhauster that is designated, as described in Sec. 61.246(e)
for no detectable emissions, as indicated by an instrument reading of
less than 500 ppm above background, is exempt from the requirements of
paragraph (d) of this section if the exhauster:
(1) Is demonstrated to be operating with no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as measured by the methods specified in Sec. 61.245(c); and
(2) Is tested for compliance with paragraph (g)(1) of this section
initially upon designation, annually, and at other times requested by
the Administrator.
(h) Any exhauster that is in vacuum service is excluded from the
requirements of this subpart if it is identified as required in
Sec. 61.246(e)(5).
Sec. 61.136 Compliance provisions and alternative means of emission limitation.
(a) Each owner or operator subject to the provisions of this subpart
shall demonstrate compliance with the requirements of Secs. 61.132
through 61.135 for each new and existing source, except as provided
under Secs. 61.243-1 and 61.243-2.
(b) Compliance with this subpart shall be determined by a review of
records, review of performance test results, inspections, or any
combination thereof, using the methods and procedures specified in
Sec. 61.137.
(c) On the first January 1 after the first year that a plant's
annual coke production is less than 75 percent foundry coke, the coke
by-product recovery plant becomes a furnace coke by-product recovery
plant and shall comply with 61.132(d). Once a plant becomes a furnace
coke by-product recovery plant, it will continue to be considered a
furnace coke by-product recovery plant, regardless of the coke
production in subsequent years.
(d)(1) An owner or operator may request permission to use an
alternative means of emission limitation to meet the requirements in
Secs. 61.132, 61.133, and
[[Page 68]]
61.135 of this subpart and Secs. 61.242-2, -5, -6, -7, -8, and -11 of
subpart V. Permission to use an alternative means of emission limitation
shall be requested as specified in Sec. 61.12(d).
(2) When the Administrator evaluates requests for permission to use
alternative means of emission limitation for sources subject to
Secs. 61.132 and 61.133 (except tar decanters) the Administrator shall
compare test data for the means of emission limitation to a benzene
control efficiency of 98 percent. For tar decanters, the Administrator
shall compare test data for the means of emission limitation to a
benzene control efficiency of 95 percent.
(3) For any requests for permission to use an alternative to the
work practices required under Sec. 61.135, the provisions of
Sec. 61.244(c) shall apply.
Sec. 61.137 Test methods and procedures.
(a) Each owner or operator subject to the provisions of this subpart
shall comply with the requirements in Sec. 61.245 of 40 CFR part 61,
subpart V.
(b) To determine whether or not a piece of equipment is in benzene
service, the methods in Sec. 61.245(d) shall be used, except that, for
exhausters, the percent benzene shall be 1 percent by weight, rather
than the 10 percent by weight described in Sec. 61.245(d).
Sec. 61.138 Recordkeeping and reporting requirements.
(a) The following information pertaining to the design of control
equipment installed to comply with Secs. 61.132 through 61.134 shall be
recorded and kept in a readily accessible location:
(1) Detailed schematics, design specifications, and piping and
instrumentation diagrams.
(2) The dates and descriptions of any changes in the design
specifications.
(b) The following information pertaining to sources subject to
Sec. 61.132 and sources subject to Sec. 61.133 shall be recorded and
maintained for 2 years following each semiannual (and other) inspection
and each annual maintenance inspection:
(1) The date of the inspection and the name of the inspector.
(2) A brief description of each visible defect in the source or
control equipment and the method and date of repair of the defect.
(3) The presence of a leak, as measured using the method described
in Sec. 61.245(c). The record shall include the date of attempted and
actual repair and method of repair of the leak.
(4) A brief description of any system abnormalities found during the
annual maintenance inspection, the repairs made, the date of attempted
repair, and the date of actual repair.
(c) Each owner or operator of a source subject to Sec. 61.135 shall
comply with Sec. 61.246.
(d) For foundry coke by-product recovery plants, the annual coke
production of both furnace and foundry coke shall be recorded and
maintained for 2 years following each determination.
(e)(1) An owner or operator of any source to which this subpart
applies shall submit a statement in writing notifying the Administrator
that the requirements of this subpart and 40 CFR 61, subpart V, have
been implemented.
(2) In the case of an existing source or a new source that has an
initial startup date preceding the effective date, the statement is to
be submitted within 90 days of the effective date, unless a waiver of
compliance is granted under Sec. 61.11, along with the information
required under Sec. 61.10. If a waiver of compliance is granted, the
statement is to be submitted on a date scheduled by the Administrator.
(3) In the case of a new source that did not have an initial startup
date preceding the effective date, the statement shall be submitted with
the application for approval of construction, as described under
Sec. 61.07.
(4) The statement is to contain the following information for each
source:
(i) Type of source (e.g., a light-oil sump or pump).
(ii) For equipment in benzene service, equipment identification
number and process unit identification: percent by weight benzene in the
fluid at the equipment; and process fluid state in the equipment (gas/
vapor or liquid).
(iii) Method of compliance with the standard (e.g., ``gas
blanketing,'' ``monthly leak detection and repair,'' or ``equipped with
dual mechanical seals''). This includes whether the plant plans to be a
furnace or foundry
[[Page 69]]
coke by-product recovery plant for the purposes of Sec. 61.132(d).
(f) A report shall be submitted to the Administrator semiannually
starting 6 months after the initial reports required in Sec. 61.138(e)
and Sec. 61.10, which includes the following information:
(1) For sources subject to Sec. 61.132 and sources subject to
Sec. 61.133,
(i) A brief description of any visible defect in the source or
ductwork,
(ii) The number of leaks detected and repaired, and
(iii) A brief description of any system abnormalities found during
each annual maintenance inspection that occurred in the reporting period
and the repairs made.
(2) For equipment in benzene service subject to Sec. 61.135(a),
information required by Sec. 61.247(b).
(3) For each exhauster subject to Sec. 61.135 for each quarter
during the semiannual reporting period,
(i) The number of exhausters for which leaks were detected as
described in Sec. 61.135 (d) and (e)(5),
(ii) The number of exhausters for which leaks were repaired as
required in Sec. 61.135 (d) and (e)(6),
(iii) The results of performance tests to determine compliance with
Sec. 61.135(g) conducted within the semiannual reporting period.
(4) A statement signed by the owner or operator stating whether all
provisions of 40 CFR part 61, subpart L, have been fulfilled during the
semiannual reporting period.
(5) For foundry coke by-product recovery plants, the annual coke
production of both furnace and foundry coke, if determined during the
reporting period.
(6) Revisions to items reported according to paragraph (e) of this
section if changes have occurred since the initial report or subsequent
revisions to the initial report.
Note: Compliance with the requirements of Sec. 61.10(c) is not
required for revisions documented under this paragraph.
(g) In the first report submitted as required in Sec. 61.138(e), the
report shall include a reporting schedule stating the months that
semiannual reports shall be submitted. Subsequent reports shall be
submitted according to that schedule unless a revised schedule has been
submitted in a previous semiannual report.
(h) An owner or operator electing to comply with the provisions of
Secs. 61.243-1 and 61.243-2 shall notify the Administrator of the
alternative standard selected 90 days before implementing either of the
provisions.
(i) An application for approval of construction or modification, as
required under Secs. 61.05(a) and 61.07, will not be required for
sources subject to 61.135 if:
(1) The new source complies with Sec. 61.135, and
(2) In the next semiannual report required by Sec. 61.138(f), the
information described in Sec. 61.138(e)(4) is reported.
[55 FR 38073, Sept. 14, 1990; 55 FR 14037, Apr. 13, 1990]
Sec. 61.139 Provisions for alternative means for process vessels, storage tanks, and tar-intercepting sumps.
(a) As an alternative means of emission limitation for a source
subject to Sec. 61.132(a)(2) or Sec. 61.132(d), the owner or operator
may route gases from the source through a closed vent system to a carbon
adsorber or vapor incinerator that is at least 98 percent efficient at
removing benzene from the gas stream.
(1) The provisions of Sec. 61.132(a)(1) and Sec. 61.132(a) (2)(i)
and (ii) shall apply to the source.
(2) The seals on the source and closed vent system shall be designed
and operated for no detectable emissions, as indicated by an instrument
reading of less than 500 ppm above background and visual inspections, as
determined by the methods specified in Sec. 61.245(c).
(3) The provisions of Sec. 61.132(b) shall apply to the seals and
closed vent system.
(b) For each carbon adsorber, the owner or operator shall adhere to
the following practices:
(1) Benzene captured by each carbon adsorber shall be recycled or
destroyed in a manner that prevents benzene from being emitted to the
atmosphere.
(2) Carbon removed from each carbon adsorber shall be regenerated or
destroyed in a manner that prevents benzene from being emitted to the
atmosphere.
(3) For each regenerative carbon adsorber, the owner or operator
shall
[[Page 70]]
initiate regeneration of the spent carbon bed and vent the emissions
from the source to a regenerated carbon bed no later than when the
benzene concentration or organic vapor concentration level in the
adsorber outlet vent reaches the maximum concentration point, as
determined in Sec. 61.139(h).
(4) For each non-regenerative carbon adsorber, the owner or operator
shall replace the carbon at the scheduled replacement time, or as soon
as practicable (but not later than 16 hours) after an exceedance of the
maximum concentration point is detected, whichever is sooner.
(i) For each non-regenerative carbon adsorber, the scheduled
replacement time means the day that is estimated to be 90 percent of the
demonstrated bed life, as defined in Sec. 61.139(h)(5).
(ii) For each non-regenerative carbon adsorber, an exceedance of the
maximum concentration point shall mean any concentration greater than or
equal to the maximum concentration point as determined in
Sec. 61.139(h).
(c) Compliance with the provisions of this section shall be
determined as follows:
(1) For each carbon adsorber and vapor incinerator, the owner or
operator shall demonstrate compliance with the efficiency limit by a
compliance test as specified in Sec. 61.13 and Sec. 61.139(g). If a
waiver of compliance has been granted under Sec. 61.11, the deadline for
conducting the initial compliance test shall be incorporated into the
terms of the waiver. The benzene removal efficiency rate for each carbon
adsorber and vapor incinerator shall be calculated as in the following
equation:
Where:
E=percent removal of benzene.
Caj=concentration of benzene in vents after the control device,
parts per million (ppm).
Cbi=concentration of benzene in vents before the control device,
ppm.
Qaj=volumetric flow rate in vents after the control device,
standard cubic meters/minute (scm/min).
Qbi=volumetric flow rate in vents before the control device, scm/
min.
m=number of vents after the control device.
n=number of vents after the control device.
(2) Compliance with all other provisions in this section shall be
determined by inspections or the review of records and reports.
(d) For each regenerative carbon adsorber, the owner or operator
shall install and operate a monitoring device that continuously
indicates and records either the concentration of benzene or the
concentration level of organic compounds in the outlet vent of the
carbon adsorber. The monitoring device shall be installed, calibrated,
maintained and operated in accordance with the manufacturer's
specifications.
(1) Measurement of benzene concentration shall be made according to
Sec. 61.139(g)(2).
(2) All measurements of organic compound concentration levels shall
be reasonable indicators of benzene concentration.
(i) The monitoring device for measuring organic compound
concentration levels shall be based on one of the following detection
principles: Infrared absorption, flame ionization, catalytic oxidation,
photoionization, or thermal conductivity.
(ii) The monitoring device shall meet the requirements of part 60,
appendix A, method 21, sections 2, 3, 4.1, 4.2, and 4.4. For the purpose
of the application of method 21 to this section, the words ``leak
definition'' shall be the maximum concentration point, which would be
estimated until it is established under Sec. 61.139(h). The calibration
gas shall either be benzene or methane and shall be at a concentration
associated with 125 percent of the expected organic compound
concentration level for the carbon adsorber outlet vent.
[[Page 71]]
(e) For each non-regenerative carbon adsorber, the owner or operator
shall monitor either the concentration of benzene or the concentration
level of organic compounds at the outlet vent of the adsorber. The
monitoring device shall be calibrated, operated and maintained in
accordance with the manufacturer's specifications.
(1) Measurements of benzene concentration shall be made according to
Sec. 61.139(g)(2). The measurement shall be conducted over at least one
5-minute interval during which flow into the carbon adsorber is expected
to occur.
(2) All measurements of organic compound concentration levels shall
be reasonable indicators of benzene concentration.
(i) The monitoring device for measuring organic compound
concentration levels shall meet the requirements of paragraphs
Sec. 61.139(d)(2) (i) and (ii).
(ii) The probe inlet of the monitoring device shall be placed at
approximately the center of the carbon adsorber outlet vent. The probe
shall be held there for at least 5 minutes during which flow into the
carbon adsorber is expected to occur. The maximum reading during that
period shall be used as the measurement.
(3) Monitoring shall be performed at least once within the first 7
days after replacement of the carbon bed occurs, and monthly thereafter
until 10 days before the scheduled replacement time, at which point
monitoring shall be done daily, except as specified in paragraphs (e)(4)
and (e)(5) of this section.
(4) If an owner or operator detects an exceedance of the maximum
concentration point during the monthly monitoring or on the first day of
daily monitoring as prescribed in paragraph (e)(3) of this section,
then, after replacing the bed, the owner or operator shall begin the
daily monitoring of the replacement carbon bed on the day after the last
scheduled monthly monitoring before the exceedance was detected, or 10
days before the exceedance was detected, whichever is longer.
(5) If an owner or operator detects an exceedance of the maximum
concentration point during the daily monitoring as prescribed in
paragraph (e)(3) of this section, except on the first day, then, after
replacing the bed, the owner or operator shall begin the daily
monitoring of the replacement carbon bed 10 days before the exceedance
was detected.
(6) If the owner or operator is monitoring on the schedule required
in paragraph (e)(4) or paragraph (e)(5) of this section, and the
scheduled replacement time is reached without exceeding the maximum
concentration point, the owner or operator may return to the monitoring
schedule in paragraph (e)(3) of this section for subsequent carbon beds.
Note: This note provides an example of the monitoring schedules in
paragraphs (e)(3), (e)(4) and (e)(5) of this section. Assume that the
scheduled replacement time for a non-regenerative carbon adsorber is the
105th day after installation. According to the monitoring schedule in
paragraph (e)(3) of this section, initial monitoring would be done
within 7 days after installation, monthly monitoring would be done on
the 30th, 60th and 90th days, and daily monitoring would begin on the
95th day after installation. Now assume that an exceedance of the
maximum concentration point is detected on the 90th day after
installation. On the replacement carbon bed, the owner or operator would
begin daily monitoring on the 61st day after installation (i.e., the day
after the last scheduled monthly monitoring before the exceedance was
detected), according to the requirements in paragraph (e)(4) of this
section. If, instead, the exceedance were detected on the first bed on
the 95th day, the daily monitoring of the replacement bed would begin on
the 85th day after installation (i.e., 10 days before the point in the
cycle where the exceedance was detected); this is a second example of
the requirements in paragraph (e)(4) of this section. Finally, assume
that an exceedance of the maximum concentration point is detected on the
100th day after the first carbon adsorber was installed. According to
paragraph (e)(5) of this section, daily monitoring of the replacement
bed would begin on the 90th day after installation (i.e., 10 days
earlier than when the exceedance was detected on the previous bed). In
all of these examples, the initial monitoring of the replacement bed
within 7 days of installation and the monthly monitoring would proceed
as set out in paragraph (e)(3) of this section until daily monitoring
was required.
(f) For each vapor incinerator, the owner or operator shall comply
with the monitoring requirements specified below:
[[Page 72]]
(1) Install, calibrate, maintain, and operate according to the
manufacturer's specifications a temperature monitoring device equipped
with a continuous recorder and having an accuracy of 1
percent of the temperature being monitored expressed in degrees Celsius
or 0.5 deg. C, whichever is greater.
(i) Where a vapor incinerator other than a catalytic incinerator is
used, the temperature monitoring device shall be installed in the
firebox.
(ii) Where a catalytic incinerator is used, temperature monitoring
devices shall be installed in the gas stream immediately before and
after the catalyst bed.
(2) Comply with paragraph (f)(2)(i), paragraph (f)(2)(ii), or
paragraph (f)(3)(iii) of this section.
(i) Install, calibrate, maintain and operate according to the
manufacturer's specifications a flow indicator that provides a record of
vent stream flow to the incinerator at least once every hour for each
source. The flow indicator shall be installed in the vent stream from
each source at a point closest to the inlet of each vapor incinerator
and before being joined with any other vent stream.
(ii) Install, calibrate, maintain and operate according to the
manufacturer's specifications a flow indicator that provides a record of
vent stream flow away from the vapor incinerator at least once every 15
minutes. The flow indicator shall be installed in each bypass line,
immediately downstream of the valve that, if opened, would divert the
vent stream away from the vapor incinerator.
(iii) Where a valve that opens a bypass line is secured in the
closed position with a car seal or a lock-and-key configuration, a flow
indicator is not required. The owner or operator shall perform a visual
inspection at least once every month to check the position of the valve
and the condition of the car seal or lock-and-key configuration. The
owner or operator shall also record the date and duration of each time
that the valve was opened and the vent stream diverted away from the
vapor incinerator.
(g) In conducting the compliance tests required in Sec. 61.139(c),
and measurements specified in Sec. 61.139(d)(1), (e)(1) and (h)(3)(ii),
the owner or operator shall use as reference methods the test methods
and procedures in appendix A to 40 CFR part 60, or other methods as
specified in this paragraph, except as specified in Sec. 61.13.
(1) For compliance tests, as described in Sec. 61.139(c)(1), the
following provisions apply.
(i) All tests shall be run under representative emission
concentration and vent flow rate conditions. For sources with
intermittent flow rates, representative conditions shall include typical
emission surges (for example, during the loading of a storage tank).
(ii) Each test shall consist of three separate runs. These runs will
be averaged to yield the volumetric flow rates and benzene
concentrations in the equation in Sec. 61.139(c)(1). Each run shall be a
minimum of 1 hour.
(A) For each regenerative carbon adsorber, each run shall take place
in one adsorption cycle, to include a minimum of 1 hour of sampling
immediately preceding the initiation of carbon bed regeneration.
(B) For each non-regenerative carbon adsorber, all runs can occur
during one adsorption cycle.
(iii) The measurements during the runs shall be paired so that the
inlet and outlet to the control device are measured simultaneously.
(iv) Method 1 or 1A shall be used as applicable for locating
measurement sites.
(v) Method 2, 2A, or 2D shall be used as applicable for measuring
vent flow rates.
(vi) Method 18 shall be used for determining the benzene
concentrations (Caj and Cbi). Either follow section 7.1,
``Integrated Bag Sampling and Analysis,'' or section 7.2, ``Direct
Interface Sampling and Analysis Procedure.'' A separation column
constructed of stainless steel, 1.83 m by 3.2 mm, containing 10 percent
1,2,3-tris (2-cyanoethoxy) propane (TECP) on 80/100 mesh Chromosorb P
AW, with a column temperature of 80 deg. C, a detector temperature of
225 deg. C, and a flow rate of approximately 20 ml/min, may produce
adequate separations. The analyst can use other columns, provided that
the precision and accuracy of the analysis of benzene standards is not
impaired.
[[Page 73]]
The analyst shall have available for review information confirming that
there is adequate resolution of the benzene peak.
(A) If section 7.1 is used, the sample rate shall be adjusted to
maintain a constant proportion to vent flow rate.
(B) If section 7.2 is used, then each performance test run shall be
conducted in intervals of 5 minutes. For each interval ``t,'' readings
from each measurement shall be recorded, and the flow rate (Qaj or
Qbi) and the corresponding benzene concentration (Caj or
Cbi) shall be determined. The sampling system shall be constructed
to include a mixing chamber of a volume equal to 5 times the sampling
flow rate per minute. Each analysis performed by the chromatograph will
then represent an averaged emission value for a 5-minute time period.
The vent flow rate readings shall be timed to account for the total
sample system residence time. A dual column, dual detector chromatograph
can be used to achieve an analysis interval of 5 minutes. The individual
benzene concentrations shall be vent flow rate weighted to determine
sample run average concentrations. The individual vent flow rates shall
be time averaged to determine sample run average flow rates.
(2) For testing the benzene concentration at the outlet vent of the
carbon adsorber as specified under Secs. 61.139(d)(1), (e)(1) and
(h)(3)(ii), the following provisions apply.
(i) The measurement shall be conducted over one 5-minute period.
(ii) The requirements in Sec. 61.139(g)(1)(i) shall apply to the
extent practicable.
(iii) The requirements in Sec. 61.139(g)(1)(vi) shall apply. Section
7.2 of method 18 shall be used as described in Sec. 61.139(g)(1)(vi)(B)
for benzene concentration measurements.
(h) For each carbon adsorber, the maximum concentration point shall
be expressed either as a benzene concentration or organic compound
concentration level, whichever is to be indicated by the monitoring
device chosen under Sec. 61.139 (d) or (e).
(1) For each regenerative carbon adsorber, the owner or operator
shall determine the maximum concentration point at the following times:
(i) No later than the deadline for the initial compliance test as
specified in Sec. 61.139(c)(1);
(ii) At the request of the Administrator; and
(iii) At any time chosen by the owner or operator.
(2) For each non-regenerative carbon adsorber, the owner or operator
shall determine the maximum concentration point at the following times:
(i) On the first carbon bed to be installed in the adsorber;
(ii) At the request of the Administrator;
(iii) On the next carbon bed after the maximum concentration point
has been exceeded (before the scheduled replacement time) for each of
three previous carbon beds in the adsorber since the most recent
determination; and
(iv) At any other time chosen by the owner or operator.
(3) The maximum concentration point for each carbon adsorber shall
be determined through the simultaneous measurement of the outlet of the
carbon adsorber with the monitoring device and method 18, except as
allowed in paragraph (h)(4) of this section.
(i) Several data points shall be collected according to a schedule
determined by the owner or operator. The schedule shall be designed to
take frequent samples near the expected maximum concentration point.
(ii) Each data point shall consist of one 5-minute benzene
concentration measurement using method 18 as specified in
Sec. 61.139(g)(2), and of a simultaneous measurement by the monitoring
device. The monitoring device measurement shall be conducted according
to Sec. 61.139 (d) or (e), whichever is applicable.
(iii) The maximum concentration point shall be the concentration
level, as indicated by the monitoring device, for the last data point at
which the benzene concentration is less than 2 percent of the average
value of the benzene concentration at the inlet to the carbon adsorber
during the most recent compliance test.
(4) If the maximum concentration point is expressed as a benzene
concentration, the owner or operator may
[[Page 74]]
determine it by calibrating the monitoring device with benzene at a
concentration that is 2 percent of the average benzene concentration
measured at the inlet to the carbon adsorber during the most recent
compliance test. The reading on the monitoring device corresponding to
the calibration concentration shall be the maximum concentration point.
This method of determination would affect the owner or operator as
follows:
(i) For a regenerative carbon adsorber, the owner or operator is
exempt from the provisions in paragraph (h)(3) of this section.
(ii) For a non-regenerative carbon adsorber, the owner or operator
is required to collect the data points in paragraph (h)(3) of this
section with only the monitoring device, and is exempt from the
simultaneous method 18 measurement.
(5) For each non-regenerative carbon adsorber, the demonstrated bed
life shall be the carbon bed life, measured in days from the time the
bed is installed until the maximum concentration point is reached, for
the carbon bed that is used to determine the maximum concentration
point.
(i) The following recordkeeping requirements are applicable to
owners and operators of control devices subject to Sec. 61.139. All
records shall be kept updated and in a readily accessible location.
(1) The following information shall be recorded for each control
device for the life of the control device:
(i) The design characteristics of the control device and a list of
the source or sources vented to it.
(ii) A plan for proper operation, maintenance, and corrective action
to achieve at least 98 percent control of benzene emissions.
(iii) The dates and descriptions of any changes in the design
specifications or plan.
(iv) For each carbon adsorber, the plan in paragraph (i)(1)(ii) of
this section shall include the method for handling captured benzene and
removed carbon to comply with Sec. 61.139(b) (1) and (2).
(v) For each carbon adsorber for which organic compounds are
monitored as provided under Sec. 61.139 (d) and (e), documentation to
show that the measurements of organic compound concentrations are
reasonable indicators of benzene concentrations.
(2) For each compliance test as specified in Sec. 61.139(c)(1), the
date of the test, the results of the test, and other data needed to
determine emissions shall be recorded as specified in Sec. 61.13(g) for
at least 2 years or until the next compliance test on the control
device, whichever is longer.
(3) For each vapor incinerator, the average firebox temperature of
the incinerator (or the average temperature upstream and downstream of
the catalyst bed for a catalytic incinerator), measured and averaged
over the most recent compliance test shall be recorded for at least 2
years or until the next compliance test on the incinerator, whichever is
longer.
(4) For each carbon adsorber, for each determination of a maximum
concentration point as specified in Sec. 61.139(h), the date of the
determination, the maximum concentration point, and data needed to make
the determination shall be recorded for at least 2 years or until the
next maximum concentration point determination on the carbon adsorber,
whichever is longer.
(5) For each carbon absorber, the dates of and data from the
monitoring required in Sec. 61.139(d) and (e), the date and time of
replacement of each carbon bed, the date of each exceedance of the
maximum concentration point, and a brief description of the corrective
action taken shall be recorded for at least 2 years. Also, the
occurrences when the captured benzene or spent carbon are not handled as
required in Sec. 61.139(b)(1) and (2) shall be recorded for at least 2
years.
(6) For each vapor incinerator, the data from the monitoring
required in Sec. 61.139(f)(1), the dates of all periods of operation
during which the parameter boundaries established during the most recent
compliance test are exceeded, and a brief description of the corrective
action taken shall be recorded for at least 2 years. A period of
operation during which the parameter boundaries are exceeded is a 3-hour
period of operation during which:
[[Page 75]]
(i) For each vapor incinerator other than a catalytic incinerator,
the average combustion temperature is more than 28 deg.C (50 deg.F)
below the average combustion temperature during the most recent
performance test.
(ii) For each catalytic incinerator, the average temperature of the
vent stream immediately before the catalyst bed is more than 28 deg.C
(50 deg.F) below the average temperature of the vent stream during the
most recent performance test, or the average temperature difference
across the catalyst bed is less than 80 percent of the average
temperature difference across the catalyst bed during the most recent
performance test.
(7) For each vapor incinerator, the following shall be recorded for
at least 2 years:
(i) If subject to Sec. 61.139(f)(2)(i), records of the flow
indication, and of all periods when the vent stream is diverted from the
vapor incinerator or has no flow rate.
(ii) If subject to Sec. 61.139(f)(2)(ii), records of the flow
indication, and of all periods when the vent stream is diverted from the
vapor incinerator.
(iii) If subject to Sec. 61.139(f)(2)(iii), records of the
conditions found during each monthly inspection, and of each period when
the car seal is broken, when the valve position is changed, or when
maintenance on the bypass line valve is performed.
(j) The following reporting requirements are applicable to owners or
operators of control devices subject to Sec. 61.139:
(1) Compliance tests shall be reported as specified in
Sec. 61.13(f).
(2) The following information shall be reported on a quarterly
basis. Two of the quarterly reports shall be submitted as part of the
semiannual reports required in Sec. 61.138(f).
(i) For each carbon adsorber:
(A) The date and time of detection of each exceedance of the maximum
concentration point and a brief description of the time and nature of
the corrective action taken.
(B) The date of each time that the captured benzene or removed
carbon was not handled as required in Sec. 61.139 (b)(1) and (2), and a
brief description of the corrective action taken.
(C) The date of each determination of the maximum concentration
point, as described in Sec. 61.139(h), and a brief reason for the
determination.
(ii) For each vapor incinerator, the date and duration of each
exceedance of the boundary parameters recorded under Sec. 61.139(i)(6)
and a brief description of the corrective action taken.
(iii) For each vapor incinerator, the date and duration of each
period specified as follows:
(A) Each period recorded under Sec. 61.139(i)(7)(i) when the vent
stream is diverted from the control device or has no flow rate;
(B) Each period recorded under Sec. 61.139(i)(7)(ii) when the vent
stream is diverted from the control device; and
(C) Each period recorded under Sec. 61.139(i)(7)(iii) when the vent
stream is diverted from the control device, when the car seal is broken,
when the valve is unlocked, or when the valve position has changed.
(iv) For each vapor incinerator, the owner or operator shall specify
the method of monitoring chosen under Sec. 61.139(f)(2) in the first
quarterly report. Any time the owner or operator changes that choice, he
shall specify the change in the first quarterly report following the
change.
(3) If, for a given quarter in which no semiannual report is due
under Sec. 61.138(f), there is no information to report under
Sec. 61.139(j)(2)(i)(A), (j)(2)(i)(B), (j)(2)(ii)(A), and (j)(2)(ii)(B),
then the owner or operator may submit a statement to that effect along
with the information to be reported under Sec. 61.139(j)(2)(i)(C) in the
next semiannual report, rather than submitting a report at the end of
the quarter.
[56 FR 47407, Sept. 19, 1991]
Subpart M--National Emission Standard for Asbestos
Authority: 42 U.S.C. 7401, 7412, 7414, 7416, 7601.
Source: 49 FR 13661, Apr. 5, 1984, unless otherwise noted.
Sec. 61.140 Applicability.
The provisions of this subpart are applicable to those sources
specified in
[[Page 76]]
Sec. Sec. 61.142 through 61.151, 61.154, and 61.155.
[55 FR 48414, Nov. 20, 1990]
Sec. 61.141 Definitions.
All terms that are used in this subpart and are not defined below
are given the same meaning as in the Act and in subpart A of this part.
Active waste disposal site means any disposal site other than an
inactive site.
Adequately wet means sufficiently mix or penetrate with liquid to
prevent the release of particulates. If visible emissions are observed
coming from asbestos-containing material, then that material has not
been adequately wetted. However, the absence of visible emissions is not
sufficient evidence of being adequately wet.
Asbestos means the asbestiform varieties of serpentinite
(chrysotile), riebeckite (crocidolite), cummingtonite-grunerite,
anthophyllite, and actinolite-tremolite.
Asbestos-containing waste materials means mill tailings or any waste
that contains commercial asbestos and is generated by a source subject
to the provisions of this subpart. This term includes filters from
control devices, friable asbestos waste material, and bags or other
similar packaging contaminated with commercial asbestos. As applied to
demolition and renovation operations, this term also includes regulated
asbestos-containing material waste and materials contaminated with
asbestos including disposable equipment and clothing.
Asbestos mill means any facility engaged in converting, or in any
intermediate step in converting, asbestos ore into commercial asbestos.
Outside storage of asbestos material is not considered a part of the
asbestos mill.
Asbestos tailings means any solid waste that contains asbestos and
is a product of asbestos mining or milling operations.
Asbestos waste from control devices means any waste material that
contains asbestos and is collected by a pollution control device.
Category I nonfriable asbestos-containing material (ACM) means
asbestos-containing packings, gaskets, resilient floor covering, and
asphalt roofing products containing more than 1 percent asbestos as
determined using the method specified in appendix E, subpart E, 40 CFR
part 763, section 1, Polarized Light Microscopy.
Category II nonfriable ACM means any material, excluding Category I
nonfriable ACM, containing more than 1 percent asbestos as determined
using the methods specified in appendix E, subpart E, 40 CFR part 763,
section 1, Polarized Light Microscopy that, when dry, cannot be
crumbled, pulverized, or reduced to powder by hand pressure.
Commercial asbestos means any material containing asbestos that is
extracted from ore and has value because of its asbestos content.
Cutting means to penetrate with a sharp-edged instrument and
includes sawing, but does not include shearing, slicing, or punching.
Demolition means the wrecking or taking out of any load-supporting
structural member of a facility together with any related handling
operations or the intentional burning of any facility.
Emergency renovation operation means a renovation operation that was
not planned but results from a sudden, unexpected event that, if not
immediately attended to, presents a safety or public health hazard, is
necessary to protect equipment from damage, or is necessary to avoid
imposing an unreasonable financial burden. This term includes operations
necessitated by nonroutine failures of equipment.
Fabricating means any processing (e.g., cutting, sawing, drilling)
of a manufactured product that contains commercial asbestos, with the
exception of processing at temporary sites (field fabricating) for the
construction or restoration of facilities. In the case of friction
products, fabricating includes bonding, debonding, grinding, sawing,
drilling, or other similar operations performed as part of fabricating.
Facility means any institutional, commercial, public, industrial, or
residential structure, installation, or building (including any
structure, installation, or building containing condominiums or
individual dwelling units operated as a residential cooperative, but
excluding residential buildings having four or fewer dwelling units);
[[Page 77]]
any ship; and any active or inactive waste disposal site. For purposes
of this definition, any building, structure, or installation that
contains a loft used as a dwelling is not considered a residential
structure, installation, or building. Any structure, installation or
building that was previously subject to this subpart is not excluded,
regardless of its current use or function.
Facility component means any part of a facility including equipment.
Friable asbestos material means any material containing more than 1
percent asbestos as determined using the method specified in appendix E,
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that,
when dry, can be crumbled, pulverized, or reduced to powder by hand
pressure. If the asbestos content is less than 10 percent as determined
by a method other than point counting by polarized light microscopy
(PLM), verify the asbestos content by point counting using PLM.
Fugitive source means any source of emissions not controlled by an
air pollution control device.
Glove bag means a sealed compartment with attached inner gloves used
for the handling of asbestos-containing materials. Properly installed
and used, glove bags provide a small work area enclosure typically used
for small-scale asbestos stripping operations. Information on glove-bag
installation, equipment and supplies, and work practices is contained in
the Occupational Safety and Health Administration's (OSHA's) final rule
on occupational exposure to asbestos (appendix G to 29 CFR 1926.58).
Grinding means to reduce to powder or small fragments and includes
mechanical chipping or drilling.
In poor condition means the binding of the material is losing its
integrity as indicated by peeling, cracking, or crumbling of the
material.
Inactive waste disposal site means any disposal site or portion of
it where additional asbestos-containing waste material has not been
deposited within the past year.
Installation means any building or structure or any group of
buildings or structures at a single demolition or renovation site that
are under the control of the same owner or operator (or owner or
operator under common control).
Leak-tight means that solids or liquids cannot escape or spill out.
It also means dust-tight.
Malfunction means any sudden and unavoidable failure of air
pollution control equipment or process equipment or of a process to
operate in a normal or usual manner so that emissions of asbestos are
increased. Failures of equipment shall not be considered malfunctions if
they are caused in any way by poor maintenance, careless operation, or
any other preventable upset conditions, equipment breakdown, or process
failure.
Manufacturing means the combining of commercial asbestos--or, in the
case of woven friction products, the combining of textiles containing
commercial asbestos--with any other material(s), including commercial
asbestos, and the processing of this combination into a product.
Chlorine production is considered a part of manufacturing.
Natural barrier means a natural object that effectively precludes or
deters access. Natural barriers include physical obstacles such as
cliffs, lakes or other large bodies of water, deep and wide ravines, and
mountains. Remoteness by itself is not a natural barrier.
Nonfriable asbestos-containing material means any material
containing more than 1 percent asbestos as determined using the method
specified in appendix E, subpart E, 40 CFR part 763, section 1,
Polarized Light Microscopy, that, when dry, cannot be crumbled,
pulverized, or reduced to powder by hand pressure.
Nonscheduled renovation operation means a renovation operation
necessitated by the routine failure of equipment, which is expected to
occur within a given period based on past operating experience, but for
which an exact date cannot be predicted.
Outside air means the air outside buildings and structures,
including, but not limited to, the air under a bridge or in an open air
ferry dock.
Owner or operator of a demolition or renovation activity means any
person who owns, leases, operates, controls, or supervises the facility
being demolished or renovated or any person who
[[Page 78]]
owns, leases, operates, controls, or supervises the demolition or
renovation operation, or both.
Particulate asbestos material means finely divided particles of
asbestos or material containing asbestos.
Planned renovation operations means a renovation operation, or a
number of such operations, in which some RACM will be removed or
stripped within a given period of time and that can be predicted.
Individual nonscheduled operations are included if a number of such
operations can be predicted to occur during a given period of time based
on operating experience.
Regulated asbestos-containing material (RACM) means (a) Friable
asbestos material, (b) Category I nonfriable ACM that has become
friable, (c) Category I nonfriable ACM that will be or has been
subjected to sanding, grinding, cutting, or abrading, or (d) Category II
nonfriable ACM that has a high probability of becoming or has become
crumbled, pulverized, or reduced to powder by the forces expected to act
on the material in the course of demolition or renovation operations
regulated by this subpart.
Remove means to take out RACM or facility components that contain or
are covered with RACM from any facility.
Renovation means altering a facility or one or more facility
components in any way, including the stripping or removal of RACM from a
facility component. Operations in which load-supporting structural
members are wrecked or taken out are demolitions.
Resilient floor covering means asbestos-containing floor tile,
including asphalt and vinyl floor tile, and sheet vinyl floor covering
containing more than 1 percent asbestos as determined using polarized
light microscopy according to the method specified in appendix E,
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.
Roadways means surfaces on which vehicles travel. This term includes
public and private highways, roads, streets, parking areas, and
driveways.
Strip means to take off RACM from any part of a facility or facility
components.
Structural member means any load-supporting member of a facility,
such as beams and load supporting walls; or any nonload-supporting
member, such as ceilings and nonload-supporting walls.
Visible emissions means any emissions, which are visually detectable
without the aid of instruments, coming from RACM or asbestos-containing
waste material, or from any asbestos milling, manufacturing, or
fabricating operation. This does not include condensed, uncombined water
vapor.
Waste generator means any owner or operator of a source covered by
this subpart whose act or process produces asbestos-containing waste
material.
Waste shipment record means the shipping document, required to be
originated and signed by the waste generator, used to track and
substantiate the disposition of asbestos-containing waste material.
Working day means Monday through Friday and includes holidays that
fall on any of the days Monday through Friday.
[49 FR 13661, Apr. 5, 1984; 49 FR 25453, June 21, 1984, as amended by 55
FR 48414, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991; 60 FR 31920, June
19, 1995]
Sec. 61.142 Standard for asbestos mills.
(a) Each owner or operator of an asbestos mill shall either
discharge no visible emissions to the outside air from that asbestos
mill, including fugitive sources, or use the methods specified by
Sec. 61.152 to clean emissions containing particulate asbestos material
before they escape to, or are vented to, the outside air.
(b) Each owner or operator of an asbestos mill shall meet the
following requirements:
(1) Monitor each potential source of asbestos emissions from any
part of the mill facility, including air cleaning devices, process
equipment, and buildings that house equipment for material processing
and handling, at least once each day, during daylight hours, for visible
emissions to the outside air during periods of operation. The monitoring
shall be by visual observation of at least 15 seconds duration per
source of emissions.
(2) Inspect each air cleaning device at least once each week for
proper operation and for changes that signal the potential for
malfunction, including, to
[[Page 79]]
the maximum extent possible without dismantling other than opening the
device, the presence of tears, holes, and abrasions in filter bags and
for dust deposits on the clean side of bags. For air cleaning devices
that cannot be inspected on a weekly basis according to this paragraph,
submit to the Administrator, and revise as necessary, a written
maintenance plan to include, at a minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(3) Maintain records of the results of visible emissions monitoring
and air cleaning device inspections using a format similar to that shown
in Figures 1 and 2 and include the following:
(i) Date and time of each inspection.
(ii) Presence or absence of visible emissions.
(iii) Condition of fabric filters, including presence of any tears,
holes, and abrasions.
(iv) Presence of dust deposits on clean side of fabric filters.
(v) Brief description of corrective actions taken, including date
and time.
(vi) Daily hours of operation for each air cleaning device.
(4) Furnish upon request, and make available at the affected
facility during normal business hours for inspection by the
Administrator, all records required under this section.
(5) Retain a copy of all monitoring and inspection records for at
least 2 years.
(6) Submit quarterly a copy of visible emission monitoring records
to the Administrator if visible emissions occurred during the report
period. Quarterly reports shall be postmarked by the 30th day following
the end of the calendar quarter.
[[Page 80]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.000
[[Page 81]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.001
[55 FR 48416, Nov. 20, 1990]
[[Page 82]]
Sec. 61.143 Standard for roadways.
No person may construct or maintain a roadway with asbestos tailings
or asbestos-containing waste material on that roadway, unless, for
asbestos tailings.
(a) It is a temporary roadway on an area of asbestos ore deposits
(asbestos mine): or
(b) It is a temporary roadway at an active asbestos mill site and is
encapsulated with a resinous or bituminous binder. The encapsulated road
surface must be maintained at a minimum frequency of once per year to
prevent dust emissions; or
(c) It is encapsulated in asphalt concrete meeting the
specifications contained in section 401 of Standard Specifications for
Construction of Roads and Bridges on Federal Highway Projects, FP-85,
1985, or their equivalent.
[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Sec. 61.144 Standard for manufacturing.
(a) Applicability. This section applies to the following
manufacturing operations using commercial asbestos.
(1) The manufacture of cloth, cord, wicks, tubing, tape, twine,
rope, thread, yarn, roving, lap, or other textile materials.
(2) The manufacture of cement products.
(3) The manufacture of fireproofing and insulating materials.
(4) The manufacture of friction products.
(5) The manufacture of paper, millboard, and felt.
(6) The manufacture of floor tile.
(7) The manufacture of paints, coatings, caulks, adhesives, and
sealants.
(8) The manufacture of plastics and rubber materials.
(9) The manufacture of chlorine utilizing asbestos diaphragm
technology.
(10) The manufacture of shotgun shell wads.
(11) The manufacture of asphalt concrete.
(b) Standard. Each owner or operator of any of the manufacturing
operations to which this section applies shall either:
(1) Discharge no visible emissions to the outside air from these
operations or from any building or structure in which they are conducted
or from any other fugitive sources; or
(2) Use the methods specified by Sec. 61.152 to clean emissions from
these operations containing particulate asbestos material before they
escape to, or are vented to, the outside air.
(3) Monitor each potential source of asbestos emissions from any
part of the manufacturing facility, including air cleaning devices,
process equipment, and buildings housing material processing and
handling equipment, at least once each day during daylight hours for
visible emissions to the outside air during periods of operation. The
monitoring shall be by visual observation of at least 15 seconds
duration per source of emissions.
(4) Inspect each air cleaning device at least once each week for
proper operation and for changes that signal the potential for
malfunctions, including, to the maximum extent possible without
dismantling other than opening the device, the presence of tears, holes,
and abrasions in filter bags and for dust deposits on the clean side of
bags. For air cleaning devices that cannot be inspected on a weekly
basis according to this paragraph, submit to the Administrator, and
revise as necessary, a written maintenance plan to include, at a
minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
(5) Maintain records of the results of visible emission monitoring
and air cleaning device inspections using a format similar to that shown
in Figures 1 and 2 and include the following.
(i) Date and time of each inspection.
(ii) Presence or absence of visible emissions.
(iii) Condition of fabric filters, including presence of any tears,
holes and abrasions.
(iv) Presence of dust deposits on clean side of fabric filters.
(v) Brief description of corrective actions taken, including date
and time.
(vi) Daily hours of operation for each air cleaning device.
(6) Furnish upon request, and make available at the affected
facility during normal business hours for inspection by the
Administrator, all records required under this section.
[[Page 83]]
(7) Retain a copy of all monitoring and inspection records for at
least 2 years.
(8) Submit quarterly a copy of the visible emission monitoring
records to the Administrator if visible emissions occurred during the
report period. Quarterly reports shall be postmarked by the 30th day
following the end of the calendar quarter.
[49 FR 13661, Apr. 5, 1984, as amended at 55 FR 48419, Nov. 20, 1990; 56
FR 1669, Jan. 16, 1991]
Sec. 61.145 Standard for demolition and renovation.
(a) Applicability. To determine which requirements of paragraphs
(a), (b), and (c) of this section apply to the owner or operator of a
demolition or renovation activity and prior to the commencement of the
demolition or renovation, thoroughly inspect the affected facility or
part of the facility where the demolition or renovation operation will
occur for the presence of asbestos, including Category I and Category II
nonfriable ACM. The requirements of paragraphs (b) and (c) of this
section apply to each owner or operator of a demolition or renovation
activity, including the removal of RACM as follows:
(1) In a facility being demolished, all the requirements of
paragraphs (b) and (c) of this section apply, except as provided in
paragraph (a)(3) of this section, if the combined amount of RACM is
(i) At least 80 linear meters (260 linear feet) on pipes or at least
15 square meters (160 square feet) on other facility components, or
(ii) At least 1 cubic meter (35 cubic feet) off facility components
where the length or area could not be measured previously.
(2) In a facility being demolished, only the notification
requirements of paragraphs (b)(1), (2), (3)(i) and (iv), and (4)(i)
through (vii) and (4)(ix) and (xvi) of this section apply, if the
combined amount of RACM is
(i) Less than 80 linear meters (260 linear feet) on pipes and less
than 15 square meters (160 square feet) on other facility components,
and
(ii) Less than one cubic meter (35 cubic feet) off facility
components where the length or area could not be measured previously or
there is no asbestos.
(3) If the facility is being demolished under an order of a State or
local government agency, issued because the facility is structurally
unsound and in danger of imminent collapse, only the requirements of
paragraphs (b)(1), (b)(2), (b)(3)(iii), (b)(4) (except (b)(4)(viii)),
(b)(5), and (c)(4) through (c)(9) of this section apply.
(4) In a facility being renovated, including any individual
nonscheduled renovation operation, all the requirements of paragraphs
(b) and (c) of this section apply if the combined amount of RACM to be
stripped, removed, dislodged, cut, drilled, or similarly disturbed is
(i) At least 80 linear meters (260 linear feet) on pipes or at least
15 square meters (160 square feet) on other facility components, or
(ii) At least 1 cubic meter (35 cubic feet) off facility components
where the length or area could not be measured previously.
(iii) To determine whether paragraph (a)(4) of this section applies
to planned renovation operations involving individual nonscheduled
operations, predict the combined additive amount of RACM to be removed
or stripped during a calendar year of January 1 through December 31.
(iv) To determine whether paragraph (a)(4) of this section applies
to emergency renovation operations, estimate the combined amount of RACM
to be removed or stripped as a result of the sudden, unexpected event
that necessitated the renovation.
(5) Owners or operators of demolition and renovation operations are
exempt from the requirements of Secs. 61.05(a), 61.07, and 61.09.
(b) Notification requirements. Each owner or operator of a
demolition or renovation activity to which this section applies shall:
(1) Provide the Administrator with written notice of intention to
demolish or renovate. Delivery of the notice by U.S. Postal Service,
commercial delivery service, or hand delivery is acceptable.
[[Page 84]]
(2) Update notice, as necessary, including when the amount of
asbestos affected changes by at least 20 percent.
(3) Postmark or deliver the notice as follows:
(i) At least 10 working days before asbestos stripping or removal
work or any other activity begins (such as site preparation that would
break up, dislodge or similarly disturb asbestos material), if the
operation is described in paragraphs (a) (1) and (4) (except (a)(4)(iii)
and (a)(4)(iv)) of this section. If the operation is as described in
paragraph (a)(2) of this section, notification is required 10 working
days before demolition begins.
(ii) At least 10 working days before the end of the calendar year
preceding the year for which notice is being given for renovations
described in paragraph (a)(4)(iii) of this section.
(iii) As early as possible before, but not later than, the following
working day if the operation is a demolition ordered according to
paragraph (a)(3) of this section or, if the operation is a renovation
described in paragraph (a)(4)(iv) of this section.
(iv) For asbestos stripping or removal work in a demolition or
renovation operation, described in paragraphs (a) (1) and (4) (except
(a)(4)(iii) and (a)(4)(iv)) of this section, and for a demolition
described in paragraph (a)(2) of this section, that will begin on a date
other than the one contained in the original notice, notice of the new
start date must be provided to the Administrator as follows:
(A) When the asbestos stripping or removal operation or demolition
operation covered by this paragraph will begin after the date contained
in the notice,
(1) Notify the Administrator of the new start date by telephone as
soon as possible before the original start date, and
(2) Provide the Administrator with a written notice of the new start
date as soon as possible before, and no later than, the original start
date. Delivery of the updated notice by the U.S. Postal Service,
commercial delivery service, or hand delivery is acceptable.
(B) When the asbestos stripping or removal operation or demolition
operation covered by this paragraph will begin on a date earlier than
the original start date,
(1) Provide the Administrator with a written notice of the new start
date at least 10 working days before asbestos stripping or removal work
begins.
(2) For demolitions covered by paragraph (a)(2) of this section,
provide the Administrator written notice of a new start date at least 10
working days before commencement of demolition. Delivery of updated
notice by U.S. Postal Service, commercial delivery service, or hand
delivery is acceptable.
(C) In no event shall an operation covered by this paragraph begin
on a date other than the date contained in the written notice of the new
start date.
(4) Include the following in the notice:
(i) An indication of whether the notice is the original or a revised
notification.
(ii) Name, address, and telephone number of both the facility owner
and operator and the asbestos removal contractor owner or operator.
(iii) Type of operation: demolition or renovation.
(iv) Description of the facility or affected part of the facility
including the size (square meters [square feet] and number of floors),
age, and present and prior use of the facility.
(v) Procedure, including analytical methods, employed to detect the
presence of RACM and Category I and Category II nonfriable ACM.
(vi) Estimate of the approximate amount of RACM to be removed from
the facility in terms of length of pipe in linear meters (linear feet),
surface area in square meters (square feet) on other facility
components, or volume in cubic meters (cubic feet) if off the facility
components. Also, estimate the approximate amount of Category I and
Category II nonfriable ACM in the affected part of the facility that
will not be removed before demolition.
(vii) Location and street address (including building number or name
and floor or room number, if appropriate), city, county, and state, of
the facility being demolished or renovated.
(viii) Scheduled starting and completion dates of asbestos removal
work (or
[[Page 85]]
any other activity, such as site preparation that would break up,
dislodge, or similarly disturb asbestos material) in a demolition or
renovation; planned renovation operations involving individual
nonscheduled operations shall only include the beginning and ending
dates of the report period as described in paragraph (a)(4)(iii) of this
section.
(ix) Scheduled starting and completion dates of demolition or
renovation.
(x) Description of planned demolition or renovation work to be
performed and method(s) to be employed, including demolition or
renovation techniques to be used and description of affected facility
components.
(xi) Description of work practices and engineering controls to be
used to comply with the requirements of this subpart, including asbestos
removal and waste-handling emission control procedures.
(xii) Name and location of the waste disposal site where the
asbestos-containing waste material will be deposited.
(xiii) A certification that at least one person trained as required
by paragraph (c)(8) of this section will supervise the stripping and
removal described by this notification. This requirement shall become
effective 1 year after promulgation of this regulation.
(xiv) For facilities described in paragraph (a)(3) of this section,
the name, title, and authority of the State or local government
representative who has ordered the demolition, the date that the order
was issued, and the date on which the demolition was ordered to begin. A
copy of the order shall be attached to the notification.
(xv) For emergency renovations described in paragraph (a)(4)(iv) of
this section, the date and hour that the emergency occurred, a
description of the sudden, unexpected event, and an explanation of how
the event caused an unsafe condition, or would cause equipment damage or
an unreasonable financial burden.
(xvi) Description of procedures to be followed in the event that
unexpected RACM is found or Category II nonfriable ACM becomes crumbled,
pulverized, or reduced to powder.
(xvii) Name, address, and telephone number of the waste transporter.
(5) The information required in paragraph (b)(4) of this section
must be reported using a form similiar to that shown in Figure 3.
(c) Procedures for asbestos emission control. Each owner or operator
of a demolition or renovation activity to whom this paragraph applies,
according to paragraph (a) of this section, shall comply with the
following procedures:
(1) Remove all RACM from a facility being demolished or renovated
before any activity begins that would break up, dislodge, or similarly
disturb the material or preclude access to the material for subsequent
removal. RACM need not be removed before demolition if:
(i) It is Category I nonfriable ACM that is not in poor condition
and is not friable.
(ii) It is on a facility component that is encased in concrete or
other similarly hard material and is adequately wet whenever exposed
during demolition; or
(iii) It was not accessible for testing and was, therefore, not
discovered until after demolition began and, as a result of the
demolition, the material cannot be safely removed. If not removed for
safety reasons, the exposed RACM and any asbestos-contaminated debris
must be treated as asbestos-containing waste material and adequately wet
at all times until disposed of.
(iv) They are Category II nonfriable ACM and the probability is low
that the materials will become crumbled, pulverized, or reduced to
powder during demolition.
(2) When a facility component that contains, is covered with, or is
coated with RACM is being taken out of the facility as a unit or in
sections:
(i) Adequately wet all RACM exposed during cutting or disjoining
operations; and
(ii) Carefully lower each unit or section to the floor and to ground
level, not dropping, throwing, sliding, or otherwise damaging or
disturbing the RACM.
(3) When RACM is stripped from a facility component while it remains
in place in the facility, adequately wet
[[Page 86]]
the RACM during the stripping operation.
(i) In renovation operations, wetting is not required if:
(A) The owner or operator has obtained prior written approval from
the Administrator based on a written application that wetting to comply
with this paragraph would unavoidably damage equipment or present a
safety hazard; and
(B) The owner or operator uses of the following emission control
methods:
(1) A local exhaust ventilation and collection system designed and
operated to capture the particulate asbestos material produced by the
stripping and removal of the asbestos materials. The system must exhibit
no visible emissions to the outside air or be designed and operated in
accordance with the requirements in Sec. 61.152.
(2) A glove-bag system designed and operated to contain the
particulate asbestos material produced by the stripping of the asbestos
materials.
(3) Leak-tight wrapping to contain all RACM prior to dismantlement.
(ii) In renovation operations where wetting would result in
equipment damage or a safety hazard, and the methods allowed in
paragraph (c)(3)(i) of this section cannot be used, another method may
be used after obtaining written approval from the Administrator based
upon a determination that it is equivalent to wetting in controlling
emissions or to the methods allowed in paragraph (c)(3)(i) of this
section.
(iii) A copy of the Administrator's written approval shall be kept
at the worksite and made available for inspection.
(4) After a facility component covered with, coated with, or
containing RACM has been taken out of the facility as a unit or in
sections pursuant to paragraph (c)(2) of this section, it shall be
stripped or contained in leak-tight wrapping, except as described in
paragraph (c)(5) of this section. If stripped, either:
(i) Adequately wet the RACM during stripping; or
(ii) Use a local exhaust ventilation and collection system designed
and operated to capture the particulate asbestos material produced by
the stripping. The system must exhibit no visible emissions to the
outside air or be designed and operated in accordance with the
requirements in Sec. 61.152.
(5) For large facility components such as reactor vessels, large
tanks, and steam generators, but not beams (which must be handled in
accordance with paragraphs (c)(2), (3), and (4) of this section), the
RACM is not required to be stripped if the following requirements are
met:
(i) The component is removed, transported, stored, disposed of, or
reused without disturbing or damaging the RACM.
(ii) The component is encased in a leak-tight wrapping.
(iii) The leak-tight wrapping is labeled according to
Sec. 61.149(d)(1)(i), (ii), and (iii) during all loading and unloading
operations and during storage.
(6) For all RACM, including material that has been removed or
stripped:
(i) Adequately wet the material and ensure that it remains wet until
collected and contained or treated in preparation for disposal in
accordance with Sec. 61.150; and
(ii) Carefully lower the material to the ground and floor, not
dropping, throwing, sliding, or otherwise damaging or disturbing the
material.
(iii) Transport the material to the ground via leak-tight chutes or
containers if it has been removed or stripped more than 50 feet above
ground level and was not removed as units or in sections.
(iv) RACM contained in leak-tight wrapping that has been removed in
accordance with paragraphs (c)(4) and (c)(3)(i)(B)(3) of this section
need not be wetted.
(7) When the temperature at the point of wetting is below 0 deg.C
(32 deg.F):
(i) The owner or operator need not comply with paragraph (c)(2)(i)
and the wetting provisions of paragraph (c)(3) of this section.
(ii) The owner or operator shall remove facility components
containing, coated with, or covered with RACM as units or in sections to
the maximum extent possible.
(iii) During periods when wetting operations are suspended due to
freezing temperatures, the owner or operator must record the temperature
in the
[[Page 87]]
area containing the facility components at the beginning, middle, and
end of each workday and keep daily temperature records available for
inspection by the Administrator during normal business hours at the
demolition or renovation site. The owner or operator shall retain the
temperature records for at least 2 years.
(8) Effective 1 year after promulgation of this regulation, no RACM
shall be stripped, removed, or otherwise handled or disturbed at a
facility regulated by this section unless at least one on-site
representative, such as a foreman or management-level person or other
authorized representative, trained in the provisions of this regulation
and the means of complying with them, is present. Every 2 years, the
trained on-site individual shall receive refresher training in the
provisions of this regulation. The required training shall include as a
minimum: applicability; notifications; material identification; control
procedures for removals including, at least, wetting, local exhaust
ventilation, negative pressure enclosures, glove-bag procedures, and
High Efficiency Particulate Air (HEPA) filters; waste disposal work
practices; reporting and recordkeeping; and asbestos hazards and worker
protection. Evidence that the required training has been completed shall
be posted and made available for inspection by the Administrator at the
demolition or renovation site.
(9) For facilities described in paragraph (a)(3) of this section,
adequately wet the portion of the facility that contains RACM during the
wrecking operation.
(10) If a facility is demolished by intentional burning, all RACM
including Category I and Category II nonfriable ACM must be removed in
accordance with the NESHAP before burning.
[[Page 88]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.002
[[Page 89]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.003
[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
[[Page 90]]
Sec. 61.146 Standard for spraying.
The owner or operator of an operation in which asbestos-containing
materials are spray applied shall comply with the following
requirements:
(a) For spray-on application on buildings, structures, pipes, and
conduits, do not use material containing more than 1 percent asbestos as
determined using the method specified in appendix E, subpart E, 40 CFR
part 763, section 1, Polarized Light Microscopy, except as provided in
paragraph (c) of this section.
(b) For spray-on application of materials that contain more than 1
percent asbestos as determined using the method specified in appendix E,
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, on
equipment and machinery, except as provided in paragraph (c) of this
section:
(1) Notify the Administrator at least 20 days before beginning the
spraying operation. Include the following information in the notice:
(i) Name and address of owner or operator.
(ii) Location of spraying operation.
(iii) Procedures to be followed to meet the requirements of this
paragraph.
(2) Discharge no visible emissions to the outside air from spray-on
application of the asbestos-containing material or use the methods
specified by Sec. 61.152 to clean emissions containing particulate
asbestos material before they escape to, or are vented to, the outside
air.
(c) The requirements of paragraphs (a) and (b) of this section do
not apply to the spray-on application of materials where the asbestos
fibers in the materials are encapsulated with a bituminous or resinous
binder during spraying and the materials are not friable after drying.
(d) Owners or operators of sources subject to this paragraph are
exempt from the requirements of Secs. 61.05(a), 61.07 and 61.09.
[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424,
Nov. 20, 1990; 60 FR 31920, June 19, 1995]
Sec. 61.147 Standard for fabricating.
(a) Applicability. This section applies to the following fabricating
operations using commercial asbestos:
(1) The fabrication of cement building products.
(2) The fabrication of friction products, except those operations
that primarily install asbestos friction materials on motor vehicles.
(3) The fabrication of cement or silicate board for ventilation
hoods; ovens; electrical panels; laboratory furniture, bulkheads,
partitions, and ceilings for marine construction; and flow control
devices for the molten metal industry.
(b) Standard. Each owner or operator of any of the fabricating
operations to which this section applies shall either:
(1) Discharge no visible emissions to the outside air from any of
the operations or from any building or structure in which they are
conducted or from any other fugitive sources; or
(2) Use the methods specified by Sec. 61.152 to clean emissions
containing particulate asbestos material before they escape to, or are
vented to, the outside air.
(3) Monitor each potential source of asbestos emissions from any
part of the fabricating facility, including air cleaning devices,
process equipment, and buildings that house equipment for material
processing and handling, at least once each day, during daylight hours,
for visible emissions to the outside air during periods of operation.
The monitoring shall be by visual observation of at least 15 seconds
duration per source of emissions.
(4) Inspect each air cleaning device at least once each week for
proper operation and for changes that signal the potential for
malfunctions, including, to the maximum extent possible without
dismantling other than opening the device, the presence of tears, holes,
and abrasions in filter bags and for dust deposits on the clean side of
bags. For air cleaning devices that cannot be inspected on a weekly
basis according to this paragraph, submit to the Administrator, and
revise as necessary, a written maintenance plan to include, at a
minimum, the following:
(i) Maintenance schedule.
(ii) Recordkeeping plan.
[[Page 91]]
(5) Maintain records of the results of visible emission monitoring
and air cleaning device inspections using a format similar to that shown
in Figures 1 and 2 and include the following:
(i) Date and time of each inspection.
(ii) Presence or absence of visible emissions.
(iii) Condition of fabric filters, including presence of any tears,
holes, and abrasions.
(iv) Presence of dust deposits on clean side of fabric filters.
(v) Brief description of corrective actions taken, including date
and time.
(vi) Daily hours of operation for each air cleaning device.
(6) Furnish upon request and make available at the affected facility
during normal business hours for inspection by the Administrator, all
records required under this section.
(7) Retain a copy of all monitoring and inspection records for at
least 2 years.
(8) Submit quarterly a copy of the visible emission monitoring
records to the Administrator if visible emissions occurred during the
report period. Quarterly reports shall be postmarked by the 30th day
following the end of the calendar quarter.
[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424,
Nov. 20, 1991]
Sec. 61.148 Standard for insulating materials.
No owner or operator of a facility may install or reinstall on a
facility component any insulating materials that contain commercial
asbestos if the materials are either molded and friable or wet-applied
and friable after drying. The provisions of this section do not apply to
spray-applied insulating materials regulated under Sec. 61.146.
[55 FR 48424, Nov. 20, 1990]
Sec. 61.149 Standard for waste disposal for asbestos mills.
Each owner or operator of any source covered under the provisions of
Sec. 61.142 shall:
(a) Deposit all asbestos-containing waste material at a waste
disposal site operated in accordance with the provisions of Sec. 61.154;
and
(b) Discharge no visible emissions to the outside air from the
transfer of control device asbestos waste to the tailings conveyor, or
use the methods specified by Sec. 61.152 to clean emissions containing
particulate asbestos material before they escape to, or are vented to,
the outside air. Dispose of the asbestos waste from control devices in
accordance with Sec. 61.150(a) or paragraph (c) of this section; and
(c) Discharge no visible emissions to the outside air during the
collection, processing, packaging, or on-site transporting of any
asbestos-containing waste material, or use one of the disposal methods
specified in paragraphs (c) (1) or (2) of this section, as follows:
(1) Use a wetting agent as follows:
(i) Adequately mix all asbestos-containing waste material with a
wetting agent recommended by the manufacturer of the agent to
effectively wet dust and tailings, before depositing the material at a
waste disposal site. Use the agent as recommended for the particular
dust by the manufacturer of the agent.
(ii) Discharge no visible emissions to the outside air from the
wetting operation or use the methods specified by Sec. 61.152 to clean
emissions containing particulate asbestos material before they escape
to, or are vented to, the outside air.
(iii) Wetting may be suspended when the ambient temperature at the
waste disposal site is less than -9.5 deg.C (15 deg.F), as determined
by an appropriate measurement method with an accuracy of
1 deg.C ( 2 deg.F). During periods when wetting operations
are suspended, the temperature must be recorded at least at hourly
intervals, and records must be retained for at least 2 years in a form
suitable for inspection.
(2) Use an alternative emission control and waste treatment method
that has received prior written approval by the Administrator. To obtain
approval for an alternative method, a written application must be
submitted to the Administrator demonstrating that the following criteria
are met:
(i) The alternative method will control asbestos emissions
equivalent to currently required methods.
(ii) The suitability of the alternative method for the intended
application.
(iii) The alternative method will not violate other regulations.
[[Page 92]]
(iv) The alternative method will not result in increased water
pollution, land pollution, or occupational hazards.
(d) When waste is transported by vehicle to a disposal site:
(1) Mark vehicles used to transport asbestos-containing waste
material during the loading and unloading of the waste so that the signs
are visible. The markings must:
(i) Be displayed in such a manner and location that a person can
easily read the legend.
(ii) Conform to the requirements for 51 cm x 36 cm (20 in x 14
in) upright format signs specified in 29 CFR 1910.145(d)(4) and this
paragraph; and
(iii) Display the following legend in the lower panel with letter
sizes and styles of a visibility at least equal to those specified in
this paragraph.
Legend
DANGER
ASBESTOS DUST HAZARD
CANCER AND LUNG DISEASE HAZARD
Authorized Personnel Only
Notation
2.5 cm (1 inch) Sans Serif, Gothic or Block
2.5 cm (1 inch) Sans Serif, Gothic or Block
1.9 cm (\3/4\ inch) Sans Serif, Gothic or Block
14 Point Gothic
Spacing between any two lines must be a least equal to the height of the
upper of the two lines.
(2) For off-site disposal, provide a copy of the waste shipment
record, described in paragraph (e)(1) of this section, to the disposal
site owner or operator at the same time as the asbestos-containing waste
material is delivered to the disposal site.
(e) For all asbestos-containing waste material transported off the
facility site:
(1) Maintain asbestos waste shipment records, using a form similar
to that shown in Figure 4, and include the following information:
(i) The name, address, and telephone number of the waste generator.
(ii) The name and address of the local, State, or EPA Regional
agency responsible for administering the asbestos NESHAP program.
(iii) The quantity of the asbestos-containing waste material in
cubic meters (cubic yards).
(iv) The name and telephone number of the disposal site operator.
(v) The name and physical site location of the disposal site.
(vi) The date transported.
(vii) The name, address, and telephone number of the transporter(s).
(viii) A certification that the contents of this consignment are
fully and accurately described by proper shipping name and are
classified, packed, marked, and labeled, and are in all respects in
proper condition for transport by highway according to applicable
international and government regulations.
(2) For waste shipments where a copy of the waste shipment record,
signed by the owner or operator of the designated disposal site, is not
received by the waste generator within 35 days of the date the waste was
accepted by the initial transporter, contact the transporter and/or the
owner or operator of the designated disposal site to determine the
status of the waste shipment.
(3) Report in writing to the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the waste
generator if a copy of the waste shipment record, signed by the owner or
operator of the designated waste disposal site, is not received by the
waste generator within 45 days of the date the waste was accepted by the
initial transporter. Include in the report the following information:
(i) A copy of the waste shipment record for which a confirmation of
delivery was not received, and
(ii) A cover letter signed by the waste generator explaining the
efforts taken to locate the asbestos waste shipment and the results of
those efforts.
(4) Retain a copy of all waste shipment records, including a copy of
the waste shipment record signed by the owner or operator of the
designated waste disposal site, for at least 2 years.
(f) Furnish upon request, and make available for inspection by the
Administrator, all records required under this section.
[[Page 93]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.004
[[Page 94]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.005
[[Page 95]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.006
[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR
48424, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
[[Page 96]]
Sec. 61.150 Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations.
Each owner or operator of any source covered under the provisions of
Secs. 61.144, 61.145, 61.146, and 61.147 shall comply with the following
provisions:
(a) Discharge no visible emissions to the outside air during the
collection, processing (including incineration), packaging, or
transporting of any asbestos-containing waste material generated by the
source, or use one of the emission control and waste treatment methods
specified in paragraphs (a) (1) through (4) of this section.
(1) Adequately wet asbestos-containing waste material as follows:
(i) Mix control device asbestos waste to form a slurry; adequately
wet other asbestos-containing waste material; and
(ii) Discharge no visible emissions to the outside air from
collection, mixing, wetting, and handling operations, or use the methods
specified by Sec. 61.152 to clean emissions containing particulate
asbestos material before they escape to, or are vented to, the outside
air; and
(iii) After wetting, seal all asbestos-containing waste material in
leak-tight containers while wet; or, for materials that will not fit
into containers without additional breaking, put materials into leak-
tight wrapping; and
(iv) Label the containers or wrapped materials specified in
paragraph (a)(1)(iii) of this section using warning labels specified by
Occupational Safety and Health Standards of the Department of Labor,
Occupational Safety and Health Administration (OSHA) under 29 CFR
1910.1001(j)(2) or 1926.58(k)(2)(iii). The labels shall be printed in
letters of sufficient size and contrast so as to be readily visible and
legible.
(v) For asbestos-containing waste material to be transported off the
facility site, label containers or wrapped materials with the name of
the waste generator and the location at which the waste was generated.
(2) Process asbestos-containing waste material into nonfriable forms
as follows:
(i) Form all asbestos-containing waste material into nonfriable
pellets or other shapes;
(ii) Discharge no visible emissions to the outside air from
collection and processing operations, including incineration, or use the
method specified by Sec. 61.152 to clean emissions containing
particulate asbestos material before they escape to, or are vented to,
the outside air.
(3) For facilities demolished where the RACM is not removed prior to
demolition according to Secs. 61.145(c)(1) (i), (ii), (iii), and (iv) or
for facilities demolished according to Sec. 61.145(c)(9), adequately wet
asbestos-containing waste material at all times after demolition and
keep wet during handling and loading for transport to a disposal site.
Asbestos-containing waste materials covered by this paragraph do not
have to be sealed in leak-tight containers or wrapping but may be
transported and disposed of in bulk.
(4) Use an alternative emission control and waste treatment method
that has received prior approval by the Administrator according to the
procedure described in Sec. 61.149(c)(2).
(5) As applied to demolition and renovation, the requirements of
paragraph (a) of this section do not apply to Category I nonfriable ACM
waste and Category II nonfriable ACM waste that did not become crumbled,
pulverized, or reduced to powder.
(b) All asbestos-containing waste material shall be deposited as
soon as is practical by the waste generator at:
(1) A waste disposal site operated in accordance with the provisions
of Sec. 61.154, or
(2) An EPA-approved site that converts RACM and asbestos-containing
waste material into nonasbestos (asbestos-free) material according to
the provisions of Sec. 61.155.
(3) The requirements of paragraph (b) of this section do not apply
to Category I nonfriable ACM that is not RACM.
(c) Mark vehicles used to transport asbestos-containing waste
material during the loading and unloading of waste so that the signs are
visible. The markings must conform to the requirements of
Secs. 61.149(d)(1) (i), (ii), and (iii).
[[Page 97]]
(d) For all asbestos-containing waste material transported off the
facility site:
(1) Maintain waste shipment records, using a form similar to that
shown in Figure 4, and include the following information:
(i) The name, address, and telephone number of the waste generator.
(ii) The name and address of the local, State, or EPA Regional
office responsible for administering the asbestos NESHAP program.
(iii) The approximate quantity in cubic meters (cubic yards).
(iv) The name and telephone number of the disposal site operator.
(v) The name and physical site location of the disposal site.
(vi) The date transported.
(vii) The name, address, and telephone number of the transporter(s).
(viii) A certification that the contents of this consignment are
fully and accurately described by proper shipping name and are
classified, packed, marked, and labeled, and are in all respects in
proper condition for transport by highway according to applicable
international and government regulations.
(2) Provide a copy of the waste shipment record, described in
paragraph (d)(1) of this section, to the disposal site owners or
operators at the same time as the asbestos-containing waste material is
delivered to the disposal site.
(3) For waste shipments where a copy of the waste shipment record,
signed by the owner or operator of the designated disposal site, is not
received by the waste generator within 35 days of the date the waste was
accepted by the initial transporter, contact the transporter and/or the
owner or operator of the designated disposal site to determine the
status of the waste shipment.
(4) Report in writing to the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the waste
generator if a copy of the waste shipment record, signed by the owner or
operator of the designated waste disposal site, is not received by the
waste generator within 45 days of the date the waste was accepted by the
initial transporter. Include in the report the following information:
(i) A copy of the waste shipment record for which a confirmation of
delivery was not received, and
(ii) A cover letter signed by the waste generator explaining the
efforts taken to locate the asbestos waste shipment and the results of
those efforts.
(5) Retain a copy of all waste shipment records, including a copy of
the waste shipment record signed by the owner or operator of the
designated waste disposal site, for at least 2 years.
(e) Furnish upon request, and make available for inspection by the
Administrator, all records required under this section.
[55 FR 48429, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Sec. 61.151 Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations.
Each owner or operator of any inactive waste disposal site that was
operated by sources covered under Sec. 61.142, 61.144, or 61.147 and
received deposits of asbestos-containing waste material generated by the
sources, shall:
(a) Comply with one of the following:
(1) Either discharge no visible emissions to the outside air from an
inactive waste disposal site subject to this paragraph; or
(2) Cover the asbestos-containing waste material with at least 15
centimeters (6 inches) of compacted nonasbestos-containing material, and
grow and maintain a cover of vegetation on the area adequate to prevent
exposure of the asbestos-containing waste material. In desert areas
where vegetation would be difficult to maintain, at least 8 additional
centimeters (3 inches) of well-graded, nonasbestos crushed rock may be
placed on top of the final cover instead of vegetation and maintained to
prevent emissions; or
(3) Cover the asbestos-containing waste material with at least 60
centimeters (2 feet) of compacted nonasbestos-containing material, and
maintain it to prevent exposure of the asbestos-containing waste; or
(4) For inactive waste disposal sites for asbestos tailings, a
resinous or petroleum-based dust suppression agent
[[Page 98]]
that effectively binds dust to control surface air emissions may be used
instead of the methods in paragraphs (a) (1), (2), and (3) of this
section. Use the agent in the manner and frequency recommended for the
particular asbestos tailings by the manufacturer of the dust suppression
agent to achieve and maintain dust control. Obtain prior written
approval of the Administrator to use other equally effective dust
suppression agents. For purposes of this paragraph, any used, spent, or
other waste oil is not considered a dust suppression agent.
(b) Unless a natural barrier adequately deters access by the general
public, install and maintain warning signs and fencing as follows, or
comply with paragraph (a)(2) or (a)(3) of this section.
(1) Display warning signs at all entrances and at intervals of 100 m
(328 ft) or less along the property line of the site or along the
perimeter of the sections of the site where asbestos-containing waste
material was deposited. The warning signs must:
(i) Be posted in such a manner and location that a person can easily
read the legend; and
(ii) Conform to the requirements for 51 cm x 36 cm (20'' x 14'')
upright format signs specified in 29 CFR 1910.145(d)(4) and this
paragraph; and
(iii) Display the following legend in the lower panel with letter
sizes and styles of a visibility at least equal to those specified in
this paragraph.
------------------------------------------------------------------------
Legend Notation
------------------------------------------------------------------------
Asbestos Waste Disposal Site.............. 2.5 cm (1 inch) Sans Serif,
Gothic or Block
Do Not Create Dust........................ 1.9 cm (\3/4\ inch) Sans
Serif, Gothic or Block
Breathing Asbestos is Hazardous to Your 14 Point Gothic.
Health.
------------------------------------------------------------------------
Spacing between any two lines must be at least equal to the height of
the upper of the two lines.
(2) Fence the perimeter of the site in a manner adequate to deter
access by the general public.
(3) When requesting a determination on whether a natural barrier
adequately deters public access, supply information enabling the
Administrator to determine whether a fence or a natural barrier
adequately deters access by the general public.
(c) The owner or operator may use an alternative control method that
has received prior approval of the Administrator rather than comply with
the requirements of paragraph (a) or (b) of this section.
(d) Notify the Administrator in writing at least 45 days prior to
excavating or otherwise disturbing any asbestos-containing waste
material that has been deposited at a waste disposal site under this
section, and follow the procedures specified in the notification. If the
excavation will begin on a date other than the one contained in the
original notice, notice of the new start date must be provided to the
Administrator at least 10 working days before excavation begins and in
no event shall excavation begin earlier than the date specified in the
original notification. Include the following information in the notice:
(1) Scheduled starting and completion dates.
(2) Reason for disturbing the waste.
(3) Procedures to be used to control emissions during the
excavation, storage, transport, and ultimate disposal of the excavated
asbestos-containing waste material. If deemed necessary, the
Administrator may require changes in the emission control procedures to
be used.
(4) Location of any temporary storage site and the final disposal
site.
(e) Within 60 days of a site becoming inactive and after the
effective date of this subpart, record, in accordance with State law, a
notation on the deed to the facility property and on any other
instrument that would normally be examined during a title search; this
notation will in perpetuity notify any potential purchaser of the
property that:
(1) The land has been used for the disposal of asbestos-containing
waste material;
(2) The survey plot and record of the location and quantity of
asbestos-containing waste disposed of within the disposal site required
in Sec. 61.154(f) have been filed with the Administrator; and
[[Page 99]]
(3) The site is subject to 40 CFR part 61, subpart M.
[49 FR 13661, Apr. 5, 1984, as amended at 53 FR 36972, Sept. 23, 1988.
Redesignated and amended at 55 FR 48429, Nov. 20, 1990]
Sec. 61.152 Air-cleaning.
(a) The owner or operator who uses air cleaning, as specified in
Secs. 61.142(a), 61.144(b)(2), 61.145(c)(3)(i)(B)(1), 61.145(c)(4)(ii),
61.145(c)(11)(i), 61.146(b)(2), 61.147(b)(2), 61.149(b),
61.149(c)(1)(ii), 61.150(a)(1)(ii), 61.150(a)(2)(ii), and 61.155(e)
shall:
(1) Use fabric filter collection devices, except as noted in
paragraph (b) of this section, doing all of the following:
(i) Ensuring that the airflow permeability, as determined by ASTM
Method D737-75, does not exceed 9 m\3\/min/m\2\ (30 ft\3\/min/ft\2\) for
woven fabrics or 11\3\/min/m\2\(35 ft\3\/min/ft\2\) for felted fabrics,
except that 12 m\3\/min/m\2\ (40 ft\3\min/ft\2\) for woven and 14 m\3\/
min/m\2\ (45 ft \3\min/ft\2\) for felted fabrics is allowed for
filtering air from asbestos ore dryers; and
(ii) Ensuring that felted fabric weighs at least 475 grams per
square meter (14 ounces per square yard) and is at least 1.6 millimeters
(one-sixteenth inch) thick throughout; and
(iii) Avoiding the use of synthetic fabrics that contain fill yarn
other than that which is spun.
(2) Properly install, use, operate, and maintain all air-cleaning
equipment authorized by this section. Bypass devices may be used only
during upset or emergency conditions and then only for so long as it
takes to shut down the operation generating the particulate asbestos
material.
(3) For fabric filter collection devices installed after January 10,
1989, provide for easy inspection for faulty bags.
(b) There are the following exceptions to paragraph (a)(1):
(1) After January 10, 1989, if the use of fabric creates a fire or
explosion hazard, or the Administrator determines that a fabric filter
is not feasible, the Administrator may authorize as a substitute the use
of wet collectors designed to operate with a unit contacting energy of
at least 9.95 kilopascals (40 inches water gage pressure).
(2) Use a HEPA filter that is certified to be at least 99.97 percent
efficient for 0.3 micron particles.
(3) The Administrator may authorize the use of filtering equipment
other than described in paragraphs (a)(1) and (b)(1) and (2) of this
section if the owner or operator demonstrates to the Administrator's
satisfaction that it is equivalent to the described equipment in
filtering particulate asbestos material.
[49 FR 13661, Apr. 5, 1984; 49 FR 25453, June 21, 1984, as amended at 51
FR 8199, Mar. 10, 1986. Redesignated and amended at 55 FR 48430, Nov.
20, 1990]
Sec. 61.153 Reporting.
(a) Any new source to which this subpart applies (with the exception
of sources subject to Secs. 61.143, 61.145, 61.146, and 61.148), which
has an initial startup date preceding the effective date of this
revision, shall provide the following information to the Administrator
postmarked or delivered within 90 days of the effective date. In the
case of a new source that does not have an initial startup date
preceding the effective date, the information shall be provided,
postmarked or delivered, within 90 days of the initial startup date. Any
owner or operator of an existing source shall provide the following
information to the Administrator within 90 days of the effective date of
this subpart unless the owner or operator of the existing source has
previously provided this information to the Administrator. Any changes
in the information provided by any existing source shall be provided to
the Administrator, postmarked or delivered, within 30 days after the
change.
(1) A description of the emission control equipment used for each
process; and
(i) If the fabric device uses a woven fabric, the airflow
permeability in m\3\/min/m\2\ and; if the fabric is synthetic, whether
the fill yarn is spun or not spun; and
(ii) If the fabric filter device uses a felted fabric, the density
in g/m\2\, the minimum thickness in inches, and the airflow permeability
in m\3\/min/m\2\.
(2) If a fabric filter device is used to control emissions,
[[Page 100]]
(i) The airflow permeability in m\3\/min/m\2\ (ft\3\/min/ft\2\) if
the fabric filter device uses a woven fabric, and, if the fabric is
synthetic, whether the fill yarn is spun or not spun; and
(ii) If the fabric filter device uses a felted fabric, the density
in g/m\2\ (oz/yd\2\), the minimum thickness in millimeters (inches), and
the airflow permeability in m\3\/min/m\2\ (ft\3\/min/ft\2\).
(3) If a HEPA filter is used to control emissions, the certified
efficiency.
(4) For sources subject to Secs. 61.149 and 61.150:
(i) A brief description of each process that generates asbestos-
containing waste material; and
(ii) The average volume of asbestos-containing waste material
disposed of, measured in m\3\/day (yd\3\/day); and
(iii) The emission control methods used in all stages of waste
disposal; and
(iv) The type of disposal site or incineration site used for
ultimate disposal, the name of the site operator, and the name and
location of the disposal site.
(5) For sources subject to Secs. 61.151 and 61.154:
(i) A brief description of the site; and
(ii) The method or methods used to comply with the standard, or
alternative procedures to be used.
(b) The information required by paragraph (a) of this section must
accompany the information required by Sec. 61.10. Active waste disposal
sites subject to Sec. 61.154 shall also comply with this provision.
Roadways, demolition and renovation, spraying, and insulating materials
are exempted from the requirements of Sec. 61.10(a). The information
described in this section must be reported using the format of appendix
A of this part as a guide.
(Sec. 114. Clean Air Act as amended (42 U.S.C. 7414))
[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48430,
Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Sec. 61.154 Standard for active waste disposal sites.
Each owner or operator of an active waste disposal site that
receives asbestos-containing waste material from a source covered under
Sec. 61.149, 61.150, or 61.155 shall meet the requirements of this
section:
(a) Either there must be no visible emissions to the outside air
from any active waste disposal site where asbestos-containing waste
material has been deposited, or the requirements of paragraph (c) or (d)
of this section must be met.
(b) Unless a natural barrier adequately deters access by the general
public, either warning signs and fencing must be installed and
maintained as follows, or the requirements of paragraph (c)(1) of this
section must be met.
(1) Warning signs must be displayed at all entrances and at
intervals of 100 m (330 ft) or less along the property line of the site
or along the perimeter of the sections of the site where asbestos-
containing waste material is deposited. The warning signs must:
(i) Be posted in such a manner and location that a person can easily
read the legend; and
(ii) Conform to the requirements of 51 cm x 36 cm (20'' x 14'')
upright format signs specified in 29 CFR 1910.145(d)(4) and this
paragraph; and
(iii) Display the following legend in the lower panel with letter
sizes and styles of a visibility at least equal to those specified in
this paragraph.
------------------------------------------------------------------------
Legend Notation
------------------------------------------------------------------------
Asbestos Waste Disposal Site.............. 2.5 cm (1 inch) Sans Serif,
Gothic or Block.
Do Not Create Dust........................ 1.9 cm (\3/4\ inch) Sans
Serif, Gothic or Block.
Breathing Asbestos is Hazardous to Your 14 Point Gothic.
Health.
------------------------------------------------------------------------
Spacing between any two lines must be at least equal to the height of
the upper of the two lines.
(2) The perimeter of the disposal site must be fenced in a manner
adequate to deter access by the general public.
(3) Upon request and supply of appropriate information, the
Administrator will determine whether a fence or a natural barrier
adequately deters access by the general public.
(c) Rather than meet the no visible emission requirement of
paragraph (a) of this section, at the end of each operating day, or at
least once every 24-
[[Page 101]]
hour period while the site is in continuous operation, the asbestos-
containing waste material that has been deposited at the site during the
operating day or previous 24-hour period shall:
(1) Be covered with at least 15 centimeters (6 inches) of compacted
nonasbestos-containing material, or
(2) Be covered with a resinous or petroleum-based dust suppression
agent that effectively binds dust and controls wind erosion. Such an
agent shall be used in the manner and frequency recommended for the
particular dust by the dust suppression agent manufacturer to achieve
and maintain dust control. Other equally effective dust suppression
agents may be used upon prior approval by the Administrator. For
purposes of this paragraph, any used, spent, or other waste oil is not
considered a dust suppression agent.
(d) Rather than meet the no visible emission requirement of
paragraph (a) of this section, use an alternative emissions control
method that has received prior written approval by the Administrator
according to the procedures described in Sec. 61.149(c)(2).
(e) For all asbestos-containing waste material received, the owner
or operator of the active waste disposal site shall:
(1) Maintain waste shipment records, using a form similar to that
shown in Figure 4, and include the following information:
(i) The name, address, and telephone number of the waste generator.
(ii) The name, address, and telephone number of the transporter(s).
(iii) The quantity of the asbestos-containing waste material in
cubic meters (cubic yards).
(iv) The presence of improperly enclosed or uncovered waste, or any
asbestos-containing waste material not sealed in leak-tight containers.
Report in writing to the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the waste
generator (identified in the waste shipment record), and, if different,
the local, State, or EPA Regional office responsible for administering
the asbestos NESHAP program for the disposal site, by the following
working day, the presence of a significant amount of improperly enclosed
or uncovered waste. Submit a copy of the waste shipment record along
with the report.
(v) The date of the receipt.
(2) As soon as possible and no longer than 30 days after receipt of
the waste, send a copy of the signed waste shipment record to the waste
generator.
(3) Upon discovering a discrepancy between the quantity of waste
designated on the waste shipment records and the quantity actually
received, attempt to reconcile the discrepancy with the waste generator.
If the discrepancy is not resolved within 15 days after receiving the
waste, immediately report in writing to the local, State, or EPA
Regional office responsible for administering the asbestos NESHAP
program for the waste generator (identified in the waste shipment
record), and, if different, the local, State, or EPA Regional office
responsible for administering the asbestos NESHAP program for the
disposal site. Describe the discrepancy and attempts to reconcile it,
and submit a copy of the waste shipment record along with the report.
(4) Retain a copy of all records and reports required by this
paragraph for at least 2 years.
(f) Maintain, until closure, records of the location, depth and
area, and quantity in cubic meters (cubic yards) of asbestos-containing
waste material within the disposal site on a map or diagram of the
disposal area.
(g) Upon closure, comply with all the provisions of Sec. 61.151.
(h) Submit to the Administrator, upon closure of the facility, a
copy of records of asbestos waste disposal locations and quantities.
(i) Furnish upon request, and make available during normal business
hours for inspection by the Administrator, all records required under
this section.
(j) Notify the Administrator in writing at least 45 days prior to
excavating or otherwise disturbing any asbestos-containing waste
material that has been deposited at a waste disposal site and is
covered. If the excavation will begin on a date other than the one
contained in the original notice, notice of the new start date must be
provided to the Administrator at least 10 working days before excavation
begins and in no event shall excavation begin earlier
[[Page 102]]
than the date specified in the original notification. Include the
following information in the notice:
(1) Scheduled starting and completion dates.
(2) Reason for disturbing the waste.
(3) Procedures to be used to control emissions during the
excavation, storage, transport, and ultimate disposal of the excavated
asbestos-containing waste material. If deemed necessary, the
Administrator may require changes in the emission control procedures to
be used.
(4) Location of any temporary storage site and the final disposal
site.
(Secs. 112 and 301(a) of the Clean Air Act as amended (42 U.S.C. 7412,
7601(a))
[49 FR 13661, Apr. 5, 1990. Redesignated and amended at 55 FR 48431,
Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
Sec. 61.155 Standard for operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material.
Each owner or operator of an operation that converts RACM and
asbestos-containing waste material into nonasbestos (asbestos-free)
material shall:
(a) Obtain the prior written approval of the Administrator to
construct the facility. To obtain approval, the owner or operator shall
provide the Administrator with the following information:
(1) Application to construct pursuant to Sec. 61.07.
(2) In addition to the information requirements of Sec. 61.07(b)(3),
a
(i) Description of waste feed handling and temporary storage.
(ii) Description of process operating conditions.
(iii) Description of the handling and temporary storage of the end
product.
(iv) Description of the protocol to be followed when analyzing
output materials by transmission electron microscopy.
(3) Performance test protocol, including provisions for obtaining
information required under paragraph (b) of this section.
(4) The Administrator may require that a demonstration of the
process be performed prior to approval of the application to construct.
(b) Conduct a start-up performance test. Test results shall include:
(1) A detailed description of the types and quantities of
nonasbestos material, RACM, and asbestos-containing waste material
processed, e.g., asbestos cement products, friable asbestos insulation,
plaster, wood, plastic, wire, etc. Test feed is to include the full
range of materials that will be encountered in actual operation of the
process.
(2) Results of analyses, using polarized light microscopy, that
document the asbestos content of the wastes processed.
(3) Results of analyses, using transmission electron microscopy,
that document that the output materials are free of asbestos. Samples
for analysis are to be collected as 8-hour composite samples (one 200-
gram (7-ounce) sample per hour), beginning with the initial introduction
of RACM or asbestos-containing waste material and continuing until the
end of the performance test.
(4) A description of operating parameters, such as temperature and
residence time, defining the full range over which the process is
expected to operate to produce nonasbestos (asbestos-free) materials.
Specify the limits for each operating parameter within which the process
will produce nonasbestos (asbestos-free) materials.
(5) The length of the test.
(c) During the initial 90 days of operation,
(1) Continuously monitor and log the operating parameters identified
during start-up performance tests that are intended to ensure the
production of nonasbestos (asbestos-free) output material.
(2) Monitor input materials to ensure that they are consistent with
the test feed materials described during start-up performance tests in
paragraph (b)(1) of this section.
(3) Collect and analyze samples, taken as 10-day composite samples
(one 200-gram (7-ounce) sample collected every 8 hours of operation) of
all output material for the presence of asbestos. Composite samples may
be for fewer than 10 days. Transmission electron microscopy (TEM) shall
be used to analyze the output material for the presence of asbestos.
During the initial 90-day period, all output materials
[[Page 103]]
must be stored on-site until analysis shows the material to be asbestos-
free or disposed of as asbestos-containing waste material according to
Sec. 61.150.
(d) After the initial 90 days of operation,
(1) Continuously monitor and record the operating parameters
identified during start-up performance testing and any subsequent
performance testing. Any output produced during a period of deviation
from the range of operating conditions established to ensure the
production of nonasbestos (asbestos-free) output materials shall be:
(i) Disposed of as asbestos-containing waste material according to
Sec. 61.150, or
(ii) Recycled as waste feed during process operation within the
established range of operating conditions, or
(iii) Stored temporarily on-site in a leak-tight container until
analyzed for asbestos content. Any product material that is not
asbestos-free shall be either disposed of as asbestos-containing waste
material or recycled as waste feed to the process.
(2) Collect and analyze monthly composite samples (one 200-gram (7-
ounce) sample collected every 8 hours of operation) of the output
material. Transmission electron microscopy shall be used to analyze the
output material for the presence of asbestos.
(e) Discharge no visible emissions to the outside air from any part
of the operation, or use the methods specified by Sec. 61.152 to clean
emissions containing particulate asbestos material before they escape
to, or are vented to, the outside air.
(f) Maintain records on-site and include the following information:
(1) Results of start-up performance testing and all subsequent
performance testing, including operating parameters, feed
characteristic, and analyses of output materials.
(2) Results of the composite analyses required during the initial 90
days of operation under Sec. 61.155(c).
(3) Results of the monthly composite analyses required under
Sec. 61.155(d).
(4) Results of continuous monitoring and logs of process operating
parameters required under Sec. 61.155 (c) and (d).
(5) The information on waste shipments received as required in
Sec. 61.154(e).
(6) For output materials where no analyses were performed to
determine the presence of asbestos, record the name and location of the
purchaser or disposal site to which the output materials were sold or
deposited, and the date of sale or disposal.
(7) Retain records required by paragraph (f) of this section for at
least 2 years.
(g) Submit the following reports to the Administrator:
(1) A report for each analysis of product composite samples
performed during the initial 90 days of operation.
(2) A quarterly report, including the following information
concerning activities during each consecutive 3-month period:
(i) Results of analyses of monthly product composite samples.
(ii) A description of any deviation from the operating parameters
established during performance testing, the duration of the deviation,
and steps taken to correct the deviation.
(iii) Disposition of any product produced during a period of
deviation, including whether it was recycled, disposed of as asbestos-
containing waste material, or stored temporarily on-site until analyzed
for asbestos content.
(iv) The information on waste disposal activities as required in
Sec. 61.154(f).
(h) Nonasbestos (asbestos-free) output material is not subject to
any of the provisions of this subpart. Output materials in which
asbestos is detected, or output materials produced when the operating
parameters deviated from those established during the start-up
performance testing, unless shown by TEM analysis to be asbestos-free,
shall be considered to be asbestos-containing waste and shall be handled
and disposed of according to Secs. 61.150 and 61.154 or reprocessed
while all of the established operating parameters are being met.
[55 FR 48431, Nov. 20, 1990]
Sec. 61.156 Cross-reference to other asbestos regulations.
In addition to this subpart, the regulations referenced in Table 1
also apply to asbestos and may be applicable to those sources specified
in Secs. 61.142 through 61.151, 61.154, and 61.155 of this
[[Page 104]]
subpart. These cross-references are presented for the reader's
information and to promote compliance with the cited regulations.
Table 1--Cross-reference to Other Asbestos Regulations
------------------------------------------------------------------------
Agency CFR citation Comment
------------------------------------------------------------------------
EPA 40 CFR part 763, Requires schools to inspect
subpart E. for asbestos and implement
response actions and
submit asbestos management
plans to States. Specifies
use of accredited
inspectors, air sampling
methods, and waste
disposal procedures.
40 CFR part 427........ Effluent standards for
asbestos manufacturing
source categories.
40 CFR part 763, Protects public employees
subpart G. performing asbestos
abatement work in States
not covered by OSHA
asbestos standard.
OSHA 29 CFR 1910.1001....... Worker protection measures--
engineering controls,
worker training, labeling,
respiratory protection,
bagging of waste, 0.2 f/cc
permissible exposure
level.
29 CFR 1926.58......... Worker protection measures
for all construction work
involving asbestos,
including demolition and
renovation--work
practices, worker
training, bagging of
waste, 0.2 f/cc
permissible exposure
level.
MSHA 30 part CFR 56, subpart Specifies exposures limits,
D. engineering controls, and
respiratory protection
measures for workers in
surface mines.
30 CFR part 57, subpart Specifies exposure limits,
D. engineering controls, and
respiratory protection
measures for workers in
underground mines.
DOT 49 CFR parts 171 and Regulates the
172. transportation of asbestos-
containing waste material.
Requires waste containment
and shipping papers.
------------------------------------------------------------------------
[55 FR 48432, Nov. 20, 1990, as amended at 60 FR 31920, June 19, 1995]
Sec. 61.157 Delegation of authority.
(a) In delegating implementation and enforcement authority to a
State under section 112(d) of the Act, the authorities contained in
paragraph (b) of this section shall be retained by the Administrator and
not transferred to a State.
(b) Authorities that will not be delegated to States:
(1) Section 61.149(c)(2)
(2) Section 61.150(a)(4)
(3) Section 61.151(c)
(4) Section 61.152(b)(3)
(5) Section 61.154(d)
(6) Section 61.155(a).
[55 FR 48433, Nov. 20, 1990]
Appendix A to Subpart M--Interpretive Rule Governing Roof Removal
Operations
I. Applicability of the Asbestos NESHAP
1.1. Asbestos-containing material (ACM) is material containing more
than one percent asbestos as determined using the methods specified in
appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light
Microscopy. The NESHAP classifies ACM as either ``friable'' or
``nonfriable''. Friable ACM is ACM that, when dry, can be crumbled,
pulverized or reduced to powder by hand pressure. Nonfriable ACM is ACM
that, when dry, cannot be crumbled, pulverized or reduced to powder by
hand pressure.
1.2. Nonfriable ACM is further classified as either Category I ACM
or Category II ACM. Category I ACM and Category II ACM are distinguished
from each other by their potential to release fibers when damaged.
Category I ACM includes asbestos-containing gaskets, packings, resilient
floor coverings, resilient floor covering mastic, and asphalt roofing
products containing more than one percent asbestos. Asphalt roofing
products which may contain asbestos include built-up roofing; asphalt-
containing single ply membrane systems; asphalt shingles; asphalt-
containing underlayment felts; asphalt-containing roof coatings and
mastics; and asphalt-containing base flashings. ACM roofing products
that use other bituminous or resinous binders (such as coal tars or
pitches) are also considered to be Category I ACM. Category II ACM
includes all other nonfriable ACM, for example, asbestos-cement (A/C)
shingles, A/C tiles, and transite boards or panels containing more than
one percent asbestos. Generally speaking, Category II ACM is more likely
to become friable when damaged than is Category I ACM. The applicability
of the NESHAP to Category I and II ACM depends on: (1) the condition of
the material at the time of demolition or renovation, (2) the nature of
the operation to which the material will be subjected, (3) the amount of
ACM involved.
1.3. Asbestos-containing material regulated under the NESHAP is
referred to as ``regulated asbestos-containing material'' (RACM). RACM
is defined in Sec. 61.141 of the NESHAP and includes: (1) friable
asbestos-containing material; (2) Category I nonfriable ACM that has
become friable; (3) Category I nonfriable
[[Page 105]]
ACM that has been or will be sanded, ground, cut, or abraded; or (4)
Category II nonfriable ACM that has already been or is likely to become
crumbled, pulverized, or reduced to powder. If the coverage threshold
for RACM is met or exceeded in a renovation or demolition operation,
then all friable ACM in the operation, and in certain situations,
nonfriable ACM in the operation, are subject to the NESHAP.
A. Threshold Amounts of Asbestos-Containing Roofing Material
1.A.1. The NESHAP does not cover roofing projects on single family
homes or on residential buildings containing four or fewer dwelling
units. 40 CFR 61.141. For other roofing renovation projects, if the
total asbestos-containing roof area undergoing renovation is less than
160 ft 2, the NESHAP does not apply, regardless of the removal
method to be used, the type of material (Category I or II), or its
condition (friable versus nonfriable). 40 CFR 61.145(a)(4). However, EPA
would recommend the use of methods that damage asbestos-containing
roofing material as little as possible. EPA has determined that where a
rotating blade (RB) roof cutter or equipment that similarly damages the
roofing material is used to remove Category I nonfriable asbestos-
containing roofing material, the removal of 5580 ft 2 of that
material will create 160 ft 2 of RACM. For the purposes of this
interpretive rule, ``RB roof cutter'' means an engine-powered roof
cutting machine with one or more rotating cutting blades the edges of
which are blunt. (Equipment with blades having sharp or tapered edges,
and/or which does not use a rotating blade, is used for ``slicing''
rather than ``cutting'' the roofing material; such equipment is not
included in the term ``RB roof cutter''.) Therefore, it is EPA's
interpretation that when an RB roof cutter or equipment that similarly
damages the roofing material is used to remove Category I nonfriable
asbestos-containing roofing material, any project that is 5580 ft 2
or greater is subject to the NESHAP; conversely, it is EPA's
interpretation that when an RB roof cutter or equipment that similarly
damages the roofing material is used to remove Category I nonfriable
asbestos-containing roofing material in a roof removal project that is
less than 5580 ft 2, the project is not subject to the NESHAP,
except that notification is always required for demolitions. EPA further
construes the NESHAP to mean that if slicing or other methods that do
not sand, grind, cut or abrade will be used on Category I nonfriable
ACM, the NESHAP does not apply, regardless of the area of roof to be
removed.
1.A.2. For asbestos cement (A/C) shingles (or other Category II
roofing material), if the area of the roofing material to be removed is
at least 160 ft 2 and the removal methods will crumble, pulverize,
reduce to powder, or contaminate with RACM (from other ACM that has been
crumbled, pulverized or reduced to powder) 160 ft 2 or more of such
roofing material, the removal is subject to the NESHAP. Conversely, if
the area of the A/C shingles (or other Category II roofing materials) to
be removed is less than 160 ft 2, the removal is not subject to the
NESHAP regardless of the removal method used, except that notification
is always required for demolitions. 40 CFR 61.145(a). However, EPA would
recommend the use of methods that damage asbestos-containing roofing
material as little as possible. If A/C shingles (or other Category II
roofing materials) are removed without 160 ft