[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2019 Edition]
[From the U.S. Government Publishing Office]
[[Page i]]
Title 40
Protection of Environment
________________________
Parts 61 to 62
Revised as of July 1, 2019
Containing a codification of documents of general
applicability and future effect
As of July 1, 2019
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 OFFICIAL EDITION NOTICE
Legal Status and Use of Seals and Logos
The seal of the National Archives and Records Administration
(NARA) authenticates the Code of Federal Regulations (CFR) as
the official codification of Federal regulations established
under the Federal Register Act. Under the provisions of 44
U.S.C. 1507, the contents of the CFR, a special edition of the
Federal Register, shall be judicially noticed. The CFR is
prima facie evidence of the original documents published in
the Federal Register (44 U.S.C. 1510).
It is prohibited to use NARA's official seal and the stylized Code
of Federal Regulations logo on any republication of this
material without the express, written permission of the
Archivist of the United States or the Archivist's designee.
Any person using NARA's official seals and logos in a manner
inconsistent with the provisions of 36 CFR part 1200 is
subject to the penalties specified in 18 U.S.C. 506, 701, and
1017.
Use of ISBN Prefix
This is the Official U.S. Government edition of this publication
and is herein identified to certify its authenticity. Use of
the 0-16 ISBN prefix is for U.S. Government Publishing Office
Official Editions only. The Superintendent of Documents of the
U.S. Government Publishing Office requests that any reprinted
edition clearly be labeled as a copy of the authentic work
with a new ISBN.
U . S . G O V E R N M E N T P U B L I S H I N G O F F I C E
------------------------------------------------------------------
U.S. Superintendent of Documents Washington, DC
20402-0001
http://bookstore.gpo.gov
Phone: toll-free (866) 512-1800; DC area (202) 512-1800
[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 40:
Chapter I--Environmental Protection Agency
(Continued) 3
Finding Aids:
Table of CFR Titles and Chapters........................ 607
Alphabetical List of Agencies Appearing in the CFR...... 627
List of CFR Sections Affected........................... 637
[[Page iv]]
----------------------------
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.
----------------------------
[[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, 2019), 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.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of
the revision date stated on the cover of each volume are not carried.
Code users may find the text of provisions in effect on any given date
in the past by using the appropriate List of CFR Sections Affected
(LSA). For the convenience of the reader, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume. For changes to
the Code prior to the LSA listings at the end of the volume, consult
previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published
for 1949-1963, 1964-1972, 1973-1985, and 1986-2000.
``[RESERVED]'' TERMINOLOGY
The term ``[Reserved]'' is used as a place holder within the Code of
Federal Regulations. An agency may add regulatory information at a
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used
editorially to indicate that a portion of the CFR was left vacant and
not accidentally dropped due to a printing or computer error.
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.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed 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, 8601 Adelphi Road, College Park, MD 20740-6001,
or call 202-741-6010.
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 Authorities
and Rules. A list of CFR titles, chapters, subchapters, and parts and an
alphabetical list of agencies publishing in the CFR are also included in
this volume.
[[Page vii]]
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.
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 202-741-6000
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, 8601 Adelphi Road, College Park, MD
20740-6001 or e-mail [email protected].
SALES
The Government Publishing Office (GPO) processes all sales and
distribution of the CFR. For payment by credit card, call toll-free,
866-512-1800, or DC area, 202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or
fax your order to 202-512-2104, 24 hours a day. For payment by check,
write to: US Government Publishing Office - New Orders, P.O. Box 979050,
St. Louis, MO 63197-9000.
ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers of the Presidents of the United
States, Compilation of Presidential Documents and the Privacy Act
Compilation are available in electronic format via www.govinfo.gov. For
more information, contact the GPO Customer Contact Center, U.S.
Government Publishing Office. Phone 202-512-1800, or 866-512-1800 (toll-
free). E-mail, [email protected].
The Office of the Federal Register also offers a free service on the
National Archives and Records Administration's (NARA) World Wide Web
site for public law numbers, Federal Register finding aids, and related
information. Connect to NARA's web site at www.archives.gov/federal-
register.
The e-CFR is a regularly updated, unofficial editorial compilation
of CFR material and Federal Register amendments, produced by the Office
of the Federal Register and the Government Publishing Office. It is
available at www.ecfr.gov.
Oliver A. Potts,
Director,
Office of the Federal Register
July 1, 2019
[[Page ix]]
THIS TITLE
Title 40--Protection of Environment is composed of thirty-seven
volumes. The parts in these volumes are arranged in the following order:
Parts 1-49, parts 50-51, part 52 (52.01-52.1018), part 52 (52.1019-
52.2019), part 52 (52.2020-end of part 52), parts 53-59, part 60 (60.1-
60.499), part 60 (60.500-end of part 60, sections), part 60
(Appendices), parts 61-62, part 63 (63.1-63.599), part 63 (63.600-
63.1199), part 63 (63.1200-63.1439), part 63 (63.1440-63.6175), part 63
(63.6580-63.8830), part 63 (63.8980-end of part 63), parts 64-71, parts
72-79, part 80, part 81, parts 82-86, parts 87-95, parts 96-99, parts
100-135, parts 136-149, parts 150-189, parts 190-259, parts 260-265,
parts 266-299, parts 300-399, parts 400-424, parts 425-699, parts 700-
722, parts 723-789, parts 790-999, parts 1000-1059, and part 1060 to
end. The contents of these volumes represent all current regulations
codified under this title of the CFR as of July 1, 2019.
Chapter I--Environmental Protection Agency appears in all thirty-
seven volumes. OMB control numbers for title 40 appear in Sec. 9.1 of
this chapter.
Chapters IV-VIII--Regulations issued by the Environmental Protection
Agency and Department of Justice, Council on Environmental Quality,
Chemical Safety and Hazard Investigation Board, Environmental Protection
Agency and Department of Defense; Uniform National Discharge Standards
for Vessels of the Armed Forces, and the Gulf Coast Ecosystem
Restoration Council appear in volume thirty seven.
For this volume, Michele Bugenhagen was Chief Editor. The Code of
Federal Regulations publication program is under the direction of John
Hyrum Martinez, assisted by Stephen J. Frattini.
[[Page 1]]
TITLE 40--PROTECTION OF ENVIRONMENT
(This book contains parts 61-62)
--------------------------------------------------------------------
Part
chapter i--Environmental Protection Agency (Continued)...... 61
[[Page 3]]
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
--------------------------------------------------------------------
Editorial Note: Nomenclature changes to chapter I appear at 65 FR
47324, 37325, Aug. 2, 2000; 66 FR 34375, 34376, June 28, 2001.
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.... 336
[[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
Federal Facilities Other Than Nuclear Regulatory Commission Licensees
and 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 Standard 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 of Part 61M--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.
[[Page 7]]
61.186 Reporting requirements.
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 outdoor agricultural
purposes.
61.205 Distribution and use of phosphogypsum for indoor 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 services in liquid service and
connectors.
61.242-9 Standards: Surge control vessels and bottoms receivers.
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 VHAP 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.
Table 1 to Subpart V of Part 61--Surge Control Vessels and Bottoms
Receivers at Existing Sources
Table 2 to Subpart V of Part 61--Surge Control Vessels and Bottoms
Receivers at New Sources
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.
[[Page 8]]
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.
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 et seq.
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
[[Page 9]]
Air Act (Act) as amended November 15, 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, 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.
Force majeure means, for purposes of Sec. 61.13, an event that will
be or has been caused by circumstances beyond the control of the
affected facility, its contractors, or any entity controlled by the
affected facility that prevents the owner or operator from complying
with the regulatory requirement to conduct performance tests within the
specified timeframe despite the affected facility's best efforts to
fulfill the obligation. Examples of such events are acts of nature, acts
of war or terrorism, or equipment failure or safety hazard beyond the
control of the affected facility.
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
[[Page 10]]
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 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; 72 FR 27442, May 16, 2007]
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
m\2\ = square meter
m\3\ = cubic meter
mg = milligram = 10-3gram
mm = millimeter = 10-3meter
Mg = megagram = 10\6\gram
mol = mole
N = newton
ng = nanogram = 10-9gram
nm = nanometer = 10-9meter
Pa = pascal
s = second
V = volt
W = watt
[Omega] = ohm
[micro]g = microgram = 10-6gram
(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
ft\2\ = square feet
ft\3\ = 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 = 10-3liter
[[Page 11]]
mrem = millirem = 10-3 rem
oz = ounces
pCi = picocurie = 10-12 curie
psig = pounds per square inch gage
[deg]R = degree Rankine
[micro]l = microliter = 10-6liter
v/v = volume per volume
yd\2\ = square yards
yr = year
(c) Chemical nomenclature:
Be = beryllium
Hg = mercury
H2O = water
(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, Office of Ecosystem Protection, U.S.
Environmental Protection Agency, 5 Post Office Square--Suite 100,
Boston, MA 02109-3912.
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 Protection Division, Mail Code
3AP00, 1650 Arch Street, Philadelphia, PA 19103-2029.
Region 4 (Alabama, Florida, Georgia, Kentucky, Mississippi, North
Carolina, South Carolina, Tennessee), Director, Air, Pesticides and
Toxics Management Division, U.S. Environmental Protection Agency, 61
Forsyth St. SW., Suite 9T43, Atlanta, Georgia 30303-8960.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin),
Director, Air and Radiation Division, U.S. Environmental Protection
Agency, 77 West Jackson Boulevard, Chicago, IL 60604-3590.
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 Waste
Management Division, 11201 Renner Boulevard, Lenexa, Kansas 66219.
Region VIII (Colorado, Montana, North Dakota, South Dakota, Utah,
Wyoming) Director, Air and Toxics Technical Enforcement Program, Office
of Enforcement, Compliance and Environmental Justice, Mail Code 8ENF-AT,
1595 Wynkoop Street, Denver, CO 80202-1129.
Region IX (Arizona, California, Hawaii and Nevada; the territories of
American Samoa and Guam; the Commonwealth of the Northern Mariana
Islands; the territories of Baker Island, Howland Island, Jarvis Island,
Johnston Atoll, Kingman Reef, Midway Atoll, Palmyra Atoll, and Wake
Islands; and certain U.S. Government activities in the freely associated
states of the Republic of the Marshall Islands, the Federated States of
Micronesia, and the Republic of Palau), Director, Air Division, U.S.
Environmental Protection Agency, 75 Hawthorne Street, San Francisco, CA
94105.
Region X (Alaska, Idaho, Oregon, Washington), Director, Office of Air
Quality, U.S. Environmental Protection Agency, 1200 Sixth Avenue (OAQ-
107), Seattle, WA 98101.
(b) Section 112(d) of the Act 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. If acceptable
to both the Administrator and the owner or operator of a source,
notifications and reports may be submitted on electronic
[[Page 12]]
media. The appropriate mailing address for those States whose delegation
request has been approved is as follows:
(1) [Reserved]
(2) State of Alabama: Alabama Department of Environmental Management,
P.O. Box 301463, Montgomery, Alabama 36130-1463.
(3) State of Alaska. (i) Alaska Department of Environmental Conservation
(ADEC), 410 Willoughby Avenue, Suite 303, Juneau, AK 99801-
1795, http://www.state.ak.us/local/akpages/ENV.CONSERV/
home.htm.
(ii) See paragraph (c)(10) of this section for a table indicating
the delegation status of National Emission Standards for Hazardous Air
Pollutants for Region 10--Alaska, Idaho, Oregon, and Washington.
(4) Arizona:
Arizona Department of Environmental Quality, 1110 West Washington
Street, Phoenix, AZ 85007.
Maricopa County Air Quality Department, 1001 North Central Avenue,
Suite 900, Phoenix, AZ 85004.
Pima County Department of Environmental Quality, 33 North Stone
Avenue, Suite 700, Tucson, AZ 85701.
Pinal County Air Quality Control District, 31 North Pinal Street,
Building F, Florence, AZ 85132.
Note: For tables listing the delegation status of agencies in Region
IX, see paragraph (c)(9) of this section.
(5) 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.
(6) California:
Amador County Air Pollution Control District, 12200-B Airport Road,
Jackson, CA 95642.
Antelope Valley Air Quality Management District, 43301 Division
Street, Suite 206, Lancaster, CA 93535.
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109.
Butte County Air Quality Management District, 2525 Dominic Drive,
Suite J, Chico, CA 95928.
Calaveras County Air Pollution Control District, 891 Mountain Ranch
Road, San Andreas, CA 95249.
Colusa County Air Pollution Control District, 100 Sunrise Blvd.,
Suite A-3, Colusa, CA 95932-3246.
El Dorado County Air Quality Management District, 2850 Fairlane
Court, Bldg. C, Placerville, CA 95667-4100.
Eastern Kern Air Pollution Control District, 2700 ``M'' Street,
Suite 302, Bakersfield, CA 93301-2370.
Feather River Air Quality Management District, 1007 Live Oak Blvd.,
Suite B-3, Yuba City, CA 95991.
Glenn County Air Pollution Control District, 720 N. Colusa Street,
P.O. Box 351, Willows, CA 95988-0351.
Great Basin Unified Air Pollution Control District, 157 Short
Street, Suite 6, Bishop, CA 93514-3537.
Imperial County Air Pollution Control District, 150 South Ninth
Street, El Centro, CA 92243-2801.
Lake County Air Quality Management District, 885 Lakeport Blvd.,
Lakeport, CA 95453-5405.
Lassen County Air Pollution Control District, 707 Nevada Street,
Suite 1, Susanville, CA 96130.
Mariposa County Air Pollution Control District, P.O. Box 5,
Mariposa, CA 95338.
Mendocino County Air Quality Management District, 306 E. Gobbi
Street, Ukiah, CA 95482-5511.
Modoc County Air Pollution Control District, 619 North Main Street,
Alturas, CA 96101.
Mojave Desert Air Quality Management District, 14306 Park Avenue,
Victorville, CA 92392-2310.
Monterey Bay Unified Air Pollution Control District, 24580 Silver
Cloud Court, Monterey, CA 93940.
North Coast Unified Air Quality Management District, 2300 Myrtle
Avenue, Eureka, CA 95501-3327.
Northern Sierra Air Quality Management District, 200 Litton Drive,
Suite 320, P.O. Box 2509, Grass Valley, CA 95945-2509.
Northern Sonoma County Air Pollution Control District, 150 Matheson
Street, Healdsburg, CA 95448-4908.
Placer County Air Pollution Control District, 3091 County Center
Drive, Suite 240, Auburn, CA 95603.
Sacramento Metropolitan Air Quality Management District, 777 12th
Street, Third Floor, Sacramento, CA 95814-1908.
San Diego County Air Pollution Control District, 10124 Old Grove
Road, San Diego, CA 92131-1649.
San Joaquin Valley Air Pollution Control District, 1990 E.
Gettysburg, Fresno, CA 93726.
San Luis Obispo County Air Pollution Control District, 3433 Roberto
Court, San Luis Obispo, CA 93401-7126.
Santa Barbara County Air Pollution Control District, 260 North San
Antonio Road, Suite A, Santa Barbara, CA 93110-1315.
Shasta County Air Quality Management District, 1855 Placer Street,
Suite 101, Redding, CA 96001-1759.
Siskiyou County Air Pollution Control District, 525 So. Foothill
Drive, Yreka, CA 96097-3036.
[[Page 13]]
South Coast Air Quality Management District, 21865 Copley Drive,
Diamond Bar, CA 91765-4182.
Tehama County Air Pollution Control District, P.O. Box 8069 (1750
Walnut Street), Red Bluff, CA 96080-0038.
Tuolumne County Air Pollution Control District, 22365 Airport,
Columbia, CA 95310.
Ventura County Air Pollution Control District, 669 County Square
Drive, 2nd Floor, Ventura, CA 93003-5417.
Yolo-Solano Air Quality Management District, 1947 Galileo Court,
Suite 103, Davis, CA 95616-4882.
Note: For tables listing the delegation status of agencies in Region
IX, see paragraph (c)(9) of this section.
(7) State of Colorado, Air Pollution Control Division, Department of
Public Health and Environment, 4300 Cherry Creek Drive South,
Denver, CO 80246-1530.
Note: For a table listing Region VIII's NESHAP delegation status,
see paragraph (c) of this section.
(8) State of Connecticut, Bureau of Air Management, Department of
Environmental Protection, State Office Building, 165 Capitol
Avenue, Hartford, CT 06106.
(9) State of Delaware, Department of Natural Resources & Environmental
Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware
19903.
(10) District of Columbia, Department of Public Health, Air Quality
Division, 51 N Street, NE., Washington, DC 20002.
(11) State of Florida: Florida Department of Environmental Protection,
Division of Air Resources Management, 2600 Blair Stone Road,
MS 5500, Tallahassee, Florida 32399-2400.
(12) State of Georgia: Georgia Department of Natural Resources,
Environmental Protection Division, Air Protection Branch, 4244
International Parkway, Suite 120, Atlanta, Georgia 30354.
(13) Hawaii:
Clean Air Branch, Hawaii Department of Health, 919 Ala Moana Blvd.,
Suite 203, Honolulu, HI 96814.
Note: For tables listing the delegation status of agencies in Region
IX, see paragraph (c)(9) of this section.
(14) State of Idaho. (i) Idaho Department of Environmental Conservation
(IDEQ), 1410 N. Hilton, Boise, ID 83706, http://
www2.state.id.us/deq/.
(ii) See paragraph (c)(10) of this section for a table indicating
the delegation status of National Emission Standards for Hazardous Air
Pollutants for Region 10--Alaska, Idaho, Oregon, and Washington.
(15) State of Illinois: Illinois Environmental Protection Agency, 1021
North Grand Avenue East, Springfield, Illinois 62794.
(16) State of Indiana: Indiana Department of Environmental Management,
Office of Air Quality, 100 North Senate Avenue, Indianapolis,
Indiana 46204.
(17) State of Iowa: Iowa Department of Natural Resources, Environmental
Protection Division, Air Quality Bureau, 7900 Hickman Road,
Suite 1, Urbandale, IA 50322.
(18) State of Kansas: Kansas Department of Health and Environment,
Bureau of Air and Radiation, 1000 S.W. Jackson, Suite 310,
Topeka, KS 66612-1366.
(19) Commonwealth of Kentucky: Kentucky Department for Environmental
Protection, Division of Air Quality, 300 Sower Boulevard, 2nd
Floor, Frankfort, Kentucky 40601 or local agency, Louisville
Metro Air Pollution Control District, 701 W. Ormsby Ave. Suite
303, Louisville, Kentucky 40203.
(20) State of Louisiana: Louisiana Department of Environmental Quality,
P.O. Box 4301, Baton Rouge, Louisiana 70821-4301.
(21) State of Maine, Bureau of Air Quality Control, Department of
Environmental Protection, State House, Station No. 17,
Augusta, ME 04333.
(22) State of Maryland, Department of the Environment, 1800 Washington
Boulevard, Suite 705, Baltimore, Maryland 21230.
(23) Commonwealth of Massachusetts, Division of Air Quality Control,
Department of Environmental Protection, One Winter Street, 7th
floor, Boston, MA 02108.
(24) State of Michigan: Michigan Department of Natural Resources and
Environment Quality, Air Quality Division, P.O. 30028,
Lansing, Michigan 48909.
(25) State of Minnesota: Minnesota Pollution Control Agency, Division of
Air Quality, 520 Lafayette Road North, St. Paul, Minnesota
55155.
(26) State of Mississippi: Hand Deliver or Courier: Mississippi
Department of Environmental Quality, Office of Pollution
Control, Air Division, 515 East Amite Street, Jackson,
Mississippi 39201, Mailing Address: Mississippi Department of
Environmental Quality, Office of Pollution Control, Air
Division, P.O. Box 2261, Jackson, Mississippi 39225.
(27) State of Missouri: Missouri Department of Natural Resources,
Division of Environmental Quality, P.O. Box 176, Jefferson
City, MO 65102.
(28) State of Montana, Department of Environmental Quality, 1520 E. 6th
Ave., PO Box 200901, Helena, MT 59620-0901.
Note: For a table listing Region VIII's NESHAP delegation status,
see paragraph (c) of this section.
(29) State of Nebraska, Nebraska Department of Environmental Control,
P.O. Box
[[Page 14]]
94877, State House Station, Lincoln, NE 68509.
Lincoln-Lancaster County Health Department, Division of
Environmental Health, 2200 St. Marys Avenue, Lincoln, NE 68502.
(30) Nevada:
Nevada Division of Environmental Protection, 901 South Stewart
Street, Suite 4001, Carson City, NV 89701-5249.
Clark County Department of Air Quality and Environmental Management,
500 S. Grand Central Parkway, 1st Floor, P.O. Box 555210, Las Vegas, NV
89155-5210.
Washoe County Health District, Air Quality Management Division, 1001
E. 9th Street, Building A, Suite 115A, Reno, NV 89520.
Note: For tables listing the delegation status of agencies in Region
IX, see paragraph (c)(9) of this section.
(31) State of New Hampshire, Air Resources Division, Department of
Environmental Services, 64 North Main Street, Caller Box 2033,
Concord, NH 03302-2033.
(32) State of New Jersey: New Jersey Department of Environmental
Protection, John Fitch Plaza, P.O. Box 2807, Trenton, NJ
08625.
(33) State of New Mexico: New Mexico Environment Department, P.O. Box
5469, Santa Fe, New Mexico 87502-5469. For a list of delegated
standards for New Mexico (excluding Bernalillo County and
Indian country), see paragraph (c)(6) of this section.
(34) New York: New York State Department of Environmental Conservation,
50 Wolf Road, Albany, NY 12233, attention: Division of Air
Resources.
(35) State of North Carolina: North Carolina Department of Environmental
Quality, Division of Air Quality, 1641 Mail Service Center,
Raleigh, North Carolina 27699-1641 or local agencies, Forsyth
County Office of Environmental Assistance and Protection, 201
North Chestnut Street, Winston-Salem, North Carolina 27101-
4120; Mecklenburg County Land Use and Environmental Services
Agency, Air Quality, 2145 Suttle Avenue, Charlotte, North
Carolina 28208; Western North Carolina Regional Air Quality
Agency, 125 S. Lexington Ave., Suite 101, Asheville, North
Carolina 28801-3661.
(36) State of North Dakota, North Dakota Department of Environmental
Quality, 918 East Divide Avenue, Bismarck, ND 58501-1947.
Note: For a table listing Region VIII's NESHAP delegation status,
see paragraph (c) of this section.
(37) State of Ohio:
(i) Medina, Summit and Portage Counties; Director, Akron Regional
Air Quality Management District, 146 South High Street, Room 904, Akron,
OH 44308.
(ii) Stark County; Director, Canton City Health Department, Air
Pollution Control Division, 420 Market Avenue North, Canton, Ohio 44702-
1544.
(iii) Butler, Clermont, Hamilton, and Warren Counties; Director,
Hamilton County Department of Environmental Services, 250 William Howard
Taft Road, Cincinnati, Ohio 45219-2660.
(iv) Cuyahoga County; Commissioner, Cleveland Department of Public
Health, Division of Air Quality, 75 Erieview Plaza 2nd Floor, Cleveland,
Ohio 44114.
(v) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties;
Director, Regional Air Pollution Control Agency, 117 South Main Street,
Dayton, Ohio 45422-1280.
(vi) Lucas County and the City of Rossford (in Wood County);
Director, City of Toledo, Division of Environmental Services, 348 South
Erie Street, Toledo, OH 43604.
(vii) Adams, Brown, Lawrence, and Scioto Counties; Portsmouth Local
Air Agency, 605 Washington Street, Third Floor, Portsmouth, OH 45662.
(viii) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton,
Hancock, Hardin, Henry, Huron, Marion, Mercer, Ottawa, Paulding, Putnam,
Richland, Sandusky, Seneca, Van Wert Williams, Wood (Except City of
Rossford), and Wyandot Counties; Ohio Environmental Protection Agency,
Northwest District Office, Air Pollution Control, 347 North Dunbridge
Road, Bowling Green, Ohio 43402.
(ix) Ashtabula, Caroll, Colombiana, Holmes, Lorain, and Wayne
Counties; Ohio Environmental Protection Agency, Northeast District
Office, Air Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087.
(x) Athens, Belmont, Coshocton, Gallia, Guemsey, Harrison, Hocking,
Jackson, Jefferson, Meigs, Monroe, 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.
(xi) Champaign, Clinton, Highland, Logan, and Shelby Counties; Ohio
Environmental Protection Agency, Southwest District Office, Air
Pollution Unit, 401 East Fifth Street, Dayton, Ohio 45402-2911.
(xii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking,
Madison, Morrow, Pickaway, and Union Counties; Ohio Environmental
Protection Agency, Central District Office, Air Pollution control, 50
West Town Street, Suite 700, Columbus, Ohio 43215.
[[Page 15]]
(xiii) Geauga and Lake Counties; Lake County General Health
District, Air Pollution Control, 33 Mill Street, Painesville, OH 44077.
(xiv) Mahoning and Trumbull Counties; Mahoning-Trumbull Air
Pollution Control Agency, 345 Oak Hill Avenue, Suite 200, Youngstown, OH
44502.
(38) State of Oklahoma, Oklahoma Department of Environmental Quality,
Air Quality Division, P.O. Box 1677, Oklahoma City, OK 73101-
1677. For a list of delegated standards for Oklahoma see
paragraph (c)(6) of this section.
(39) State of Oregon. (i) Oregon Department of Environmental Quality
(ODEQ), 811 SW Sixth Ave, Portland, OR 97204-1390, http://
www.deq.state.or.us/.
(ii) Lane Regional Air Pollution Authority (LRAPA), 1010 Main
Street, Springfield, Oregon 97477, http://www.lrapa.org.
(iii) See paragraph (c)(10) of this section for a table indicating
the delegation status of National Emission Standards for Hazardous Air
Pollutants for Region 10--Alaska, Idaho, Oregon, and Washington.
(iv)-(vii) [Reserved]
(viii) Lane Regional Air Pollution Authority, 225 North Fifth, suite
501, Springfield, OR 97477.
(40)(i) City of Philadelphia, Department of Public Health, Air
Management Services, 321 University Avenue, Philadelphia,
Pennsylvania 19104.
(ii) Commonwealth of Pennsylvania, Department of Environmental
Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market
Street, Harrisburg, Pennsylvania 17105.
(iii) Allegheny County Health Department, Bureau of Environmental
Quality, Division of Air Quality, 301 39th Street, Pittsburgh,
Pennsylvania 15201.
(41) State of Rhode Island, Division of Air and Hazardous Materials,
Department of Environmental Management, 291 Promenade Street,
Providence, RI 02908.
(42) State of South Carolina: South Carolina Department of Health and
Environmental Control, 2600 Bull St., Columbia, South Carolina
29201.
(43) 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.
(44) State of Tennessee: Tennessee Department of Environment and
Conservation, Division of Air Pollution Control, William R.
Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th
Floor, Nashville, Tennessee 37243, or local agencies, Knox
County Air Quality Management--Department of Public Health,
140 Dameron Avenue, Knoxville, Tennessee 37917; Metro Public
Health Department, Pollution Control Division, 2500 Charlotte
Ave., Nashville, Tennessee 37209; Chattanooga-Hamilton County
Air Pollution Control Bureau, 6125 Preservation Drive,
Chattanooga, Tennessee 37416; Shelby County Health Department,
Pollution Control Section, 814 Jefferson Avenue, Memphis,
Tennessee 38105.
(45) State of Texas, Texas Air Control Board, 6330 Highway 290 East,
Austin, TX 78723.
(46) State of Utah, Division of Air Quality, Department of Environmental
Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820.
Note: For a table listing Region VIII's NESHAP delegation status,
see paragraph (c) of this section.
(47) State of Vermont, Air Pollution Control Division, Agency of Natural
Resources, Building 3 South, 103 South Main Street, Waterbury,
VT 05676.
(48) Commonwealth of Virginia, Department of Environmental Quality, 629
East Main Street, Richmond, Virginia 23219.
(49) State of Washington. (i) Washington State Department of Ecology
(Ecology), P.O. Box 47600, Olympia, WA 98504-7600, http://
www.ecy.wa.gov/.
(ii) Benton Clean Air Authority (BCAA), 650 George Washington Way,
Richland, WA 99352-4289, http://www.bcaa.net/.
(iii) Northwest Air Pollution Control Authority (NWAPA), 1600 South
Second St., Mount Vernon, WA 98273-5202, http://www.nwair.org/.
(iv) Olympic Air Pollution Control Authority (OAPCA), 909 Sleater-
Kinney Road S.E., Suite 1, Lacey, WA 98503-1128, http://www.oapca.org/.
(v) Puget Sound Clean Air Agency (PSCAA), 110 Union Street, Suite
500, Seattle, WA 98101-2038, http://www.pscleanair.org/.
(vi) Spokane County Air Pollution Control Authority (SCAPCA), West
1101 College, Suite 403, Spokane, WA 9920, http://www.scapca.org/.
(vii) Southwest Clean Air Agency (SWCAA), 1308 NE 134th St.,
Vancouver, WA 98685-2747, http://www.swcleanair.org/.
(viii) Yakima Regional Clean Air Agency (YRCAA), Larson Building,
Suite 1016, 6 South 2nd St., Yakima WA 98901, http://co.yakima.wa.us/
cleanair/default.htm.
(ix) See paragraph (c)(10) of this section for a table indicating
the delegation status of National Emission Standards for Hazardous Air
Pollutants for Region 10--Alaska, Idaho, Oregon, and Washington.
(50) State of West Virginia, Department of Environmental Protection,
Division of Air Quality, 601 57th Street, SE., Charleston,
West Virginia 25304.
[[Page 16]]
(51) State of Wisconsin: Wisconsin Department of Natural Resources, 101
South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-
7921. 101 South Webster St., P.O. Box 7921, Madison, Wisconsin
53707-7921.
(52) State of Wyoming, Air Quality Division, Department of Environmental
Quality, 122 W. 25th St., Cheyenne, WY 82002.
(53) Territory of Guam: Guam Environmental Protection Agency, P.O. Box
22439 GMF, Barrigada, Guam 96921.
Note: For tables listing the delegation status of agencies in Region
IX, see paragraph (c)(9) of this section.
(54) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico
Environmental Quality Board, P.O. Box 11785, Santurce, PR
00910.
(55) 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.
(56) American Samoa: American Samoa Environmental Protection Agency,
P.O. Box PPA, Pago Pago, American Samoa 96799.
Note: For tables listing the delegation status of agencies in Region
IX, see paragraph (d) of this section.
(57) Commonwealth of the Northern Mariana Islands: CNMI Division of
Environmental Quality, P.O. Box 501304, Saipan, MP 96950.
Note: For tables listing the delegation status of agencies in Region
IX, see paragraph (d) of this section.
(c) The following tables list, by Region, the specific Part 61,
National Emission Standards for Hazardous Air Pollutants that have been
delegated to state and local agencies.
(1)(i) Inactive waste disposal sites not operated after July 9, 1981
within the state of New Hampshire must comply with the New Hampshire
Regulations at Env-Sw 2100: Management and Control of Asbestos Disposal
Sites Not Operated after July 9, 1981, effective February 16, 2010
(incorporated by reference, see Sec. 61.18).
(ii) The remainder of the sources subject to the asbestos provisions
in subpart M of this part, except for those listed under paragraph
(c)(1)(i) of this section, must comply with the New Hampshire Code of
Administrative Rules: Chapter Env-A 1800, Asbestos Management and
Control, effective as of May 5, 2017 as incorporated by reference, see
Sec. 61.18.
(2)-(5) [Reserved]
(6) The following lists the specific Part 61 standards that have
been delegated unchanged to the air pollution control agencies in Region
6.
(i) [Reserved]
(ii) Louisiana. The Louisiana Department of Environmental Quality
(LDEQ) has been delegated the following part 61 standards promulgated by
EPA, as amended in the Federal Register through July 1, 2013. The (X)
symbol is used to indicate each subpart that has been delegated.
Delegation Status for Part 61 Standards--State of Louisiana
[Excluding Indian Country]
----------------------------------------------------------------------------------------------------------------
Subpart Source category LDEQ \1\
----------------------------------------------------------------------------------------------------------------
A............................................. General Provisions............................. X
B............................................. Radon Emissions From Underground Uranium Mines.
C............................................. Beryllium...................................... X
D............................................. Beryllium Rocket Motor Firing.................. X
E............................................. Mercury........................................ X
F............................................. Vinyl Chloride................................. X
G............................................. (Reserved).....................................
H............................................. Emissions of Radionuclides Other Than Radon
From Department of Energy Facilities.
I............................................. Radionuclide Emissions From Federal Facilities
Other Than Nuclear Regulatory Commission
Licensees and Not Covered by Subpart H.
J............................................. Equipment Leaks (Fugitive Emission Sources) of X
Benzene.
K............................................. Radionuclide Emissions From Elemental
Phosphorus Plants.
L............................................. Benzene Emissions From Coke By-Product Recovery X
Plants.
M............................................. Asbestos....................................... X
N............................................. Inorganic Arsenic Emissions From Glass X
Manufacturing Plants.
O............................................. Inorganic Arsenic Emissions From Primary Copper X
Smelters.
P............................................. Inorganic Arsenic Emissions From Arsenic X
Trioxide and Metallic Arsenic Production
Facilities.
Q............................................. Radon Emissions From Department of Energy
Facilities.
R............................................. Radon Emissions From Phosphogypsum Stacks......
S............................................. (Reserved).....................................
T............................................. Radon Emissions From the Disposal of Uranium
Mill Tailings.
[[Page 17]]
U............................................. (Reserved).....................................
V............................................. Equipment Leaks (Fugitives Emission Sources)... X
W............................................. Radon Emissions From Operating Mill Tailings...
X............................................. (Reserved).....................................
Y............................................. Benzene Emissions From Benzene Storage Vessels. X
Z-AA.......................................... (Reserved).....................................
BB............................................ Benzene Emissions From Benzene Transfer X
Operations.
CC-EE......................................... (Reserved).....................................
FF............................................ Benzene Waste Operations....................... X
----------------------------------------------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality (LDEQ).
(iii) New Mexico. The New Mexico Environment Department (NMED) has
been delegated the following part 61 standards promulgated by the EPA,
as amended in the Federal Register through January 15, 2017. The (X)
symbol is used to indicate each subpart that has been delegated. The
delegations are subject to all of the conditions and limitations set
forth in Federal law and regulations.
Delegation Status for National Emission Standards for Hazardous Air
Pollutants (Part 61 Standards) for New Mexico
[Excluding Bernalillo County and Indian Country]
------------------------------------------------------------------------
Subpart Source category NMED \1\
------------------------------------------------------------------------
A.............................. General Provisions.... X
B.............................. Radon Emissions From
Underground Uranium
Mines.
C.............................. Beryllium............. X
D.............................. Beryllium Rocket Motor X
Firing.
E.............................. Mercury............... X
F.............................. Vinyl Chloride........ X
G.............................. (Reserved)............
H.............................. Emissions of
Radionuclides Other
Than Radon From
Department of Energy
Facilities.
I.............................. Radionuclide Emissions
From Federal
Facilities Other Than
Nuclear Regulatory
Commission Licensees
and Not Covered by
Subpart H.
J.............................. Equipment Leaks X
(Fugitive Emission
Sources) of Benzene.
K.............................. Radionuclide Emissions
From Elemental
Phosphorus Plants.
L.............................. Benzene Emissions From X
Coke By-Product
Recovery Plants.
M.............................. Asbestos.............. X
N.............................. Inorganic Arsenic X
Emissions From Glass
Manufacturing Plants.
O.............................. Inorganic Arsenic X
Emissions From
Primary Copper
Smelters.
P.............................. Inorganic Arsenic X
Emissions From
Arsenic Trioxide and
Metallic Arsenic
Production Facilities.
Q.............................. Radon Emissions From
Department of Energy
Facilities.
R.............................. Radon Emissions From
Phosphogypsum Stacks.
S.............................. (Reserved)............
T.............................. Radon Emissions From
the Disposal of
Uranium Mill Tailings.
U.............................. (Reserved)............
V.............................. Equipment Leaks X
(Fugitives Emission
Sources).
W.............................. Radon Emissions From
Operating Mill
Tailings.
X.............................. (Reserved)............
Y.............................. Benzene Emissions From X
Benzene Storage
Vessels.
Z-AA........................... (Reserved)............
BB............................. Benzene Emissions From X
Benzene Transfer
Operations.
CC-EE.......................... (Reserved)............
FF............................. Benzene Waste X
Operations.
------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).
(iv) Oklahoma. The Oklahoma Department of Environmental Quality
(ODED) has been delegated the following part 61 standards promulgated by
EPA, as amended in the Federal Register through September 1, 2016. The
(X) symbol is used to indicate each subpart that has been delegated.
[[Page 18]]
Delegation Status for National Emission Standards for Hazardous Air
Pollutants (Part 61 Standards) for Oklahoma
[Excluding Indian Country]
------------------------------------------------------------------------
Subpart Source category ODEQ \1\
------------------------------------------------------------------------
A.............................. General Provisions.... X
B.............................. Radon Emissions From
Underground Uranium
Mines.
C.............................. Beryllium............. X
D.............................. Beryllium Rocket Motor X
Firing.
E.............................. Mercury............... X
F.............................. Vinyl Chloride........ X
G.............................. (Reserved)............
H.............................. Emissions of
Radionuclides Other
Than Radon From
Department of Energy
Facilities.
I.............................. Radionuclide Emissions
From Federal
Facilities Other Than
Nuclear Regulatory
Commission Licensees
and Not Covered by
Subpart H.
J.............................. Equipment Leaks X
(Fugitive Emission
Sources) of Benzene.
K.............................. Radionuclide Emissions
From Elemental
Phosphorus Plants.
L.............................. Benzene Emissions From X
Coke By-Product
Recovery Plants.
M.............................. Asbestos.............. X
N.............................. Inorganic Arsenic X
Emissions From Glass
Manufacturing Plants.
O.............................. Inorganic Arsenic X
Emissions From
Primary Copper
Smelters.
P.............................. Inorganic Arsenic X
Emissions From
Arsenic Trioxide and
Metallic Arsenic
Production Facilities.
Q.............................. Radon Emissions From
Department of Energy
Facilities.
R.............................. Radon Emissions From
Phosphogypsum Stacks.
S.............................. (Reserved)............
T.............................. Radon Emissions From
the Disposal of
Uranium Mill Tailings.
U.............................. (Reserved)............
V.............................. Equipment Leaks X
(Fugitives Emission
Sources).
W.............................. Radon Emissions From
Operating Mill
Tailings.
X.............................. (Reserved)............
Y.............................. Benzene Emissions From X
Benzene Storage
Vessels.
Z-AA........................... (Reserved)............
BB............................. Benzene Emissions From X
Benzene Transfer
Operations.
CC-EE.......................... (Reserved)............
FF............................. Benzene Waste X
Operations.
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
(ODEQ).
(v) [Reserved]
(vi) Albuquerque-Bernalillo County, New Mexico. The Albuquerque-
Bernalillo County Air Quality Control Board (ABCAQCB) has been delegated
the following part 61 standards promulgated by EPA, as amended in the
Federal Register through September 13, 2013. The (X) symbol is used to
indicate each subpart that has been delegated.
Delegation Status for National Emission Standards for Hazardous Air Pollutants (Part 61 Standards) for
Albuquerque-Bernalillo County Air Quality Control Board
[Excluding Indian Country] \1\
----------------------------------------------------------------------------------------------------------------
Subpart Source category ABCAQCB
----------------------------------------------------------------------------------------------------------------
A............................................. General Provisions............................. X
B............................................. Radon Emissions From Underground Uranium Mines.
C............................................. Beryllium...................................... X
D............................................. Beryllium Rocket Motor Firing.................. X
E............................................. Mercury........................................ X
F............................................. Vinyl Chloride................................. X
G............................................. (Reserved).....................................
H............................................. Emissions of Radionuclides Other Than Radon
From Department of Energy Facilities.
I............................................. Radionuclide Emissions From Federal Facilities
Other Than Nuclear Regulatory Commission
Licensees and Not Covered by Subpart H.
J............................................. Equipment Leaks (Fugitive Emission Sources) of X
Benzene.
K............................................. Radionuclide Emissions From Elemental
Phosphorus Plants.
L............................................. Benzene Emissions From Coke By-Product Recovery X
Plants.
M............................................. Asbestos....................................... X
N............................................. Inorganic Arsenic Emissions From Glass X
Manufacturing Plants.
O............................................. Inorganic Arsenic Emissions From Primary Copper X
Smelters.
P............................................. Inorganic Arsenic Emissions From Arsenic X
Trioxide and Metallic Arsenic Production
Facilities.
Q............................................. Radon Emissions From Department of Energy
Facilities.
R............................................. Radon Emissions From Phosphogypsum Stacks......
[[Page 19]]
S............................................. (Reserved).....................................
T............................................. Radon Emissions From the Disposal of Uranium
Mill Tailings.
U............................................. (Reserved).....................................
V............................................. Equipment Leaks (Fugitives Emission Sources)... X
W............................................. Radon Emissions From Operating Mill Tailings...
X............................................. (Reserved).....................................
Y............................................. Benzene Emissions From Benzene Storage Vessels. X
Z-AA.......................................... (Reserved).....................................
BB............................................ Benzene Emissions From Benzene Transfer X
Operations.
CC-EE......................................... (Reserved).....................................
FF............................................ Benzene Waste Operations....................... X
----------------------------------------------------------------------------------------------------------------
\1\ Program delegated to Albuquerque-Bernalillo County Air Quality Control Board (ABCAQCB).
(7) [Reserved]
(8) The most current delegation status table for National Emissions
Standards for Hazardous Air Pollutants for Region VIII can be found
online at http://www.epa.gov/region8/air-program. The following is a
table indicating the delegation status of National Emissions Standards
for Hazardous Air Pollutants in Region VIII. The recodification and
delegation for North Dakota's August 6, 2018 submittal is effective as
of April 30, 2019, as detailed in EPA's delegation letter of February
26, 2019.
Region VIII--Delegation Status of National Emissions Standards for Hazardous Air Pollutants \1\
----------------------------------------------------------------------------------------------------------------
Subpart CO MT ND SD 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 Waste Operations....... ........... * ........... ........... *
FF Benzene Waste Operations....... ........... * * ........... *
----------------------------------------------------------------------------------------------------------------
*Indicates approval of delegation of subpart to state.
\1\ Specific authorities which may not be delegated include, but are not limited to Sec. Sec. 61.04(b) and
(c), 61.05(c), 61.11, 61.12(d), 61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), 61.16, 61.112(c), 61.164(a)(2) and
(3), 61.172(b)(2)(ii)(B) and (C), 61.174(a)(2) and (3), 61.242-1(c)(2), 61.244, and all authorities listed as
not delegable in each individual subpart delegated to the state.
\2\ Indicates approval of National Emissions 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 and W which were
approved through section 112(l) of the Clean Air Act.
[[Page 20]]
\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.
(9) The following tables list the specific Part 61 standards that
have been delegated unchanged to the air pollution control agencies in
Region IX. The (X) symbol is used to indicate each standard that has
been delegated. The following provisions of this subpart are not
delegated: Sec. Sec. 61.04(b), 61.04(c), 61.05(c), 61.11, 61.12(d),
61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), and 61.16.
(i) Arizona. The following table identifies delegations for Arizona:
Delegation Status for National Emission Standards for Hazardous Air Pollutants for Arizona
----------------------------------------------------------------------------------------------------------------
Air pollution control agency
---------------------------------------------------
Subpart Maricopa Pinal
Arizona DEQ County Pima County County
----------------------------------------------------------------------------------------------------------------
A................................... General Provisions.... X X X X
B................................... Radon Emissions From ........... ...........
Underground Uranium
Mines.
C................................... Beryllium............. X X X X
D................................... Beryllium Rocket Motor X X X X
Firing.
E................................... Mercury............... X X X X
F................................... Vinyl Chloride........ X X X X
G................................... (Reserved)............ ........... ...........
H................................... Emissions of ........... ...........
Radionuclides Other
Than Radon From
Department of Energy
Facilities.
I................................... Radionuclide Emissions ........... ...........
From Federal
Facilities Other Than
Nuclear Regulatory
Commission Licensees
and Not Covered by
Subpart H.
J................................... Equipment Leaks X X X X
(Fugitive Emission
Sources) of Benzene.
K................................... Radionuclide Emissions ........... ...........
From Elemental
Phosphorus Plants.
L................................... Benzene Emissions from X X X X
Coke By-Product
Recovery Plants.
M................................... Asbestos.............. X X X X
N................................... Inorganic Arsenic X X X
Emissions From Glass
Manufacturing Plants.
O................................... Inorganic Arsenic X X X
Emissions From
Primary Copper
Smelters.
P................................... Inorganic Arsenic X X
Emissions From
Arsenic Trioxide and
Metallic Arsenic
Production Facilities.
Q................................... Radon Emissions From ........... ...........
Department of Energy
Facilities.
R................................... Radon Emissions From ........... ...........
Phosphogypsum Stacks.
S................................... (Reserved)............ ........... ...........
T................................... Radon Emissions From ........... ...........
the Disposal of
Uranium Mill Tailings.
U................................... (Reserved)............ ........... ...........
V................................... Equipment Leaks X X X X
(Fugitive Emission
Sources).
W................................... Radon Emissions From ........... ...........
Operating Mill
Tailings.
X................................... (Reserved)............ ........... ...........
Y................................... Benzene Emissions From X X X X
Benzene Storage
Vessels.
Z-AA................................ (Reserved)............ ........... ...........
BB.................................. Benzene Emissions From X X X X
Benzene Transfer
Operations.
CC-EE............................... (Reserved)............ ........... ...........
FF.................................. Benzene Waste X X X X
Operations.
----------------------------------------------------------------------------------------------------------------
(ii) California. The following tables identify delegations for
California:
(A) Delegations for Amador County Air Pollution Control District,
Antelope Valley Air Quality Management District, Bay Area Air Quality
Management District, and Butte County Air Quality Management District
are shown in the following table:
[[Page 21]]
Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Amador County APCD, Antelope
Valley AQMD, Bay Area AQMD, and Butte County AQMD
----------------------------------------------------------------------------------------------------------------
Air pollution control agency
-------------------------------------------------------------------
Subpart Amador County Antelope Valley Butte County
APCD AQMD Bay Area AQMD AQMD
----------------------------------------------------------------------------------------------------------------
A................. General Provisions...... ............... X X
B................. Radon Emissions From ............... ............... ...............
Underground Uranium
Mines.
C................. Beryllium............... ............... X X
D................. Beryllium Rocket Motor ............... X X
Firing.
E................. Mercury................. ............... X X
F................. Vinyl Chloride.......... ............... X X
G................. (Reserved).............. ............... ............... ...............
H................. Emissions of ............... ............... ...............
Radionuclides Other
Than Radon From
Department of Energy
Facilities.
I................. Radionuclide Emissions ............... ............... ...............
From Federal Facilities
Other Than Nuclear
Regulatory Commission
Licensees and Not
Covered by Subpart H.
J................. Equipment Leaks ............... X ...............
(Fugitive Emission
Sources) of Benzene.
K................. Radionuclide Emissions ............... ............... ...............
From Elemental
Phosphorus Plants.
L................. Benzene Emissions from ............... X X
Coke By-Product
Recovery Plants.
M................. Asbestos................ ............... X X
N................. Inorganic Arsenic ............... X ...............
Emissions From Glass
Manufacturing Plants.
O................. Inorganic Arsenic ............... X ...............
Emissions From Primary
Copper Smelters.
P................. Inorganic Arsenic ............... X ...............
Emissions From Arsenic
Trioxide and Metallic
Arsenic Production
Facilities.
Q................. Radon Emissions From ............... ............... ...............
Department of Energy
Facilities.
R................. Radon Emissions From ............... ............... ...............
Phosphogypsum Stacks.
S................. (Reserved).............. ............... ............... ...............
T................. Radon Emissions From the ............... ............... ...............
Disposal of Uranium
Mill Tailings.
U................. (Reserved).............. ............... ............... ...............
V................. Equipment Leaks ............... X ...............
(Fugitive Emission
Sources).
W................. Radon Emissions From ............... ............... ...............
Operating Mill Tailings.
X................. (Reserved).............. ............... ............... ...............
Y................. Benzene Emissions From ............... X X
Benzene Storage Vessels.
Z-AA.............. (Reserved).............. ............... ............... ...............
BB................ Benzene Emissions From ............... X X
Benzene Transfer
Operations.
CC-EE............. (Reserved).............. ............... ............... ...............
FF................ Benzene Waste Operations ............... X X ...............
----------------------------------------------------------------------------------------------------------------
(B) [Reserved]
(C) Delegations for Glenn County Air Pollution Control District,
Great Basin Unified Air Pollution Control District, Imperial County Air
Pollution Control District, and Kern County Air Pollution Control
District are shown in the following table:
[[Page 22]]
Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Glenn County APCD, Great
Basin Unified APCD, Imperial County APCD, and Kern County APCD
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Agency
-------------------------------------------------------
Subpart Glenn County Great Basin Imperial Kern County
APCD Unified APCD County APCD APCD
----------------------------------------------------------------------------------------------------------------
A........................... General Provisions........ X X
B........................... Radon Emissions From
Underground Uranium.
C........................... Beryllium................. X X
D........................... Beryllium Rocket Motor X X
Firing.
E........................... Mercury................... X X
F........................... Vinyl Chloride............ X
G........................... (Reserved)................
H........................... Emissions of Radionuclides
Other Than Radon From
Department of Energy
Facilities.
I........................... Radionuclide Emissions
From Federal Facilities
Other Than Nuclear
Regulatory Commission
Licensees and Not Covered
by Subpart H.
J........................... Equipment Leaks (Fugitive X
Emission Sources) of
Benzene.
K........................... Radionuclide Emissions
From Elemental Phosphorus
Plants.
L........................... Benzene Emissions from X
Coke By-Product Recovery
Plants.
M........................... Asbestos.................. X X
N........................... Inorganic Arsenic X
Emissions From Glass
Manufacturing Plants.
O........................... Inorganic Arsenic X
Emissions From Primary
Copper Smelters.
P........................... Inorganic Arsenic X
Emissions From Arsenic
Trioxide and Metallic
Arsenic Production
Facilities.
Q........................... Radon Emissions From
Department of Energy
Facilities.
R........................... Radon Emissions From
Phosphogypsum Stacks.
S........................... (Reserved)................
T........................... Radon Emissions From the
Disposal of Uranium Mill
Tailings.
U........................... (Reserved)................
V........................... Equipment Leaks (Fugitive X
Emission Sources).
W........................... Radon Emissions From
Operating Mill Tailings.
X........................... (Reserved)................ .
Y........................... Benzene Emissions From X
Benzene Storage Vessels.
Z-AA........................ (Reserved)................
BB.......................... Benzene Emissions From X
Benzene Transfer
Operations.
CC-EE....................... (Reserved)................
FF.......................... Benzene Waste Operations.. X
----------------------------------------------------------------------------------------------------------------
(D) Delegations for Lake County Air Quality Management District,
Lassen County Air Pollution Control District, Mariposa County Air
Pollution Control District, and Mendocino County Air Pollution Control
District are shown in the following table:
Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Lake County Air Quality
Management District, Lassen County Air Pollution Control District, Mariposa County Air Pollution Control
District, and Mendocino County Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
Air pollution control agency
-----------------------------------------------
Subpart Lake Lassen Mariposa Mendocino
County County County County
AQMD APCD AQMD AQMD
----------------------------------------------------------------------------------------------------------------
A............................ General Provisions............... X .......... X
B............................ Radon Emissions From Underground .......... .......... .......... ..........
Uranium.
[[Page 23]]
C............................ Beryllium........................ X .......... .......... X
D............................ Beryllium Rocket Motor Firing.... X .......... .......... X
E............................ Mercury.......................... X .......... .......... X
F............................ Vinyl Chloride................... .......... .......... .......... X
G............................ (Reserved)....................... .......... .......... .......... ..........
H............................ Emissions of Radionuclides Other .......... .......... .......... ..........
Than Radon From Department of
Energy Facilities.
I............................ Radionuclide Emissions From .......... .......... .......... ..........
Federal Facilities Other Than
Nuclear Regulatory Commission
Licensees and Not Covered by
Subpart H.
J............................ Equipment Leaks (Fugitive .......... .......... .......... ..........
Emission Sources) of Benze.
K............................ Radionuclide Emissions From .......... .......... .......... ..........
Elemental Phosphorus Plants.
L............................ Benzene Emissions from Coke By- .......... .......... .......... ..........
Product Recovery Plants.
M............................ Asbestos......................... X .......... .......... X
----------------------------------------------------------------------------------------------------------------
(E) Delegations for Modoc Air Pollution Control District, Mojave
Desert Air Quality Management District, Monterey Bay Unified Air
Pollution Control District, and North Coast Unified Air Quality
Management District are shown in the following table:
Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Modoc County APCD, Mojave
Desert AQMD, Monterey Bay Unified APCD, and North Coast Unified AQMD
----------------------------------------------------------------------------------------------------------------
Air pollution control agency
-------------------------------------------------------------------
Subpart Modoc County Mojave Desert Monterey Bay North Coast
APCD AQMD Unified APCD Unified AQMD
----------------------------------------------------------------------------------------------------------------
A................. General Provisions...... X X X X
B................. Radon Emissions From ............... ............... ...............
Underground Uranium
Mines.
C................. Beryllium............... X X X X
D................. Beryllium Rocket Motor X X X X
Firing.
E................. Mercury................. X X X X
F................. Vinyl Chloride.......... X X X X
G................. (Reserved).............. ............... ............... ...............
H................. Emissions of ............... ............... ...............
Radionuclides Other
Than Radon From
Department of Energy
Facilities.
I................. Radionuclide Emissions ............... ............... ...............
From Federal Facilities
Other Than Nuclear
Regulatory Commission
Licensees and Not
Covered by Subpart H.
J................. Equipment Leaks X X X X
(Fugitive Emission
Sources) of Benzene.
K................. Radionuclide Emissions ............... ............... ...............
From Elemental
Phosphorus Plants.
L................. Benzene Emissions from ............... X X X
Coke By-Product
Recovery Plants.
M................. Asbestos................ X X X X
N................. Inorganic Arsenic ............... X X
Emissions From Glass
Manufacturing Plants.
O................. Inorganic Arsenic X X X
Emissions From Primary
Copper Smelters.
P................. Inorganic Arsenic X X X
Emissions From Arsenic
Trioxide and Metallic
Arsenic Production
Facilities.
Q................. Radon Emissions From ............... ............... ...............
Department of Energy
Facilities.
[[Page 24]]
R................. Radon Emissions From ............... ............... ...............
Phosphogypsum Stacks.
S................. (Reserved).............. ............... ............... ...............
T................. Radon Emissions From the ............... ............... ...............
Disposal of Uranium
Mill Tailings.
U................. (Reserved).............. ............... ............... ...............
V................. Equipment Leaks X X X X
(Fugitive Emission
Sources).
W................. Radon Emissions From ............... ............... ...............
Operating Mill Tailings.
X................. (Reserved).............. ............... ............... ...............
Y................. Benzene Emissions From ............... X X X
Benzene Storage Vessels.
Z-AA.............. (Reserved).............. ............... ............... ...............
BB................ Benzene Emissions From ............... X X
Benzene Transfer
Operations.
CC-EE............. (Reserved).............. ............... ............... ...............
FF................ Benzene Waste Operations ............... X X ...............
----------------------------------------------------------------------------------------------------------------
(F) Delegations for Northern Sierra Air Quality Management District,
Northern Sonoma County Air Pollution Control District, Placer County Air
Pollution Control District, and Sacramento Metropolitan Air Quality
Management District are shown in the following table:
Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Northern Sierra Air Quality
Management District, Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control
District, and Sacramento Metropolitan Air Quality Management District
----------------------------------------------------------------------------------------------------------------
Air pollution control agency
-----------------------------------------------
Northern
Subpart Northern Sonoma Placer Sacramento
Sierra County County Metro AQMD
AQMD APCD APCD
----------------------------------------------------------------------------------------------------------------
A General Provisions................... .......... X .......... ..........
B Radon Emissions From Underground .......... .......... .......... ..........
Uranium.
C Beryllium............................ .......... X .......... ..........
D Beryllium Rocket Motor Firing........ .......... X .......... ..........
E Mercury.............................. .......... X .......... ..........
F Vinyl Chloride....................... .......... X .......... X
G (Reserved)........................... .......... .......... .......... ..........
H Emissions of Radionuclides Other Than .......... .......... .......... ..........
Radon From Department of Energy
Facilities.
I Radionuclide Emissions From Federal .......... .......... .......... ..........
Facilities Other Than Nuclear
Regulatory Commission Licensees and
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............................. .......... X .......... X
----------------------------------------------------------------------------------------------------------------
(G) Delegations for San Diego County Air Pollution Control District,
San Joaquin Valley Unified Air Pollution Control District, San Luis
Obispo County Air Pollution Control District, and Santa Barbara County
Air Pollution Control District are shown in the following table:
[[Page 25]]
Delegation Status for National Emissions Standards for Hazardous Air Pollutants for San Diego County Air
Pollution Control District, San Joaquin Valley Unified Air Pollution Control District, San Luis Obispo County
Air Pollution Control District, and Santa Barbara County Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Agency
-------------------------------------------------------
Subpart San Luis Santa
San Diego San Joaquin Obispo Barbara
County APCD Valley APCD County APCD County APCD
----------------------------------------------------------------------------------------------------------------
A...................... General Provisions............. X X X X
B...................... Radon Emissions From ............ ............ ............
Underground Uranium.
C...................... Beryllium...................... X X X X
D...................... Beryllium Rocket Motor Firing.. X X X X
E...................... Mercury........................ X X X X
F...................... Vinyl Chloride................. X X X X
G...................... (Reserved)..................... ............ ............ ............
H...................... Emissions of Radionuclides ............ ............ ............
Other Than Radon From
Department of Energy
Facilities.
I...................... Radionuclide Emissions From ............ ............ ............
Federal Facilities Other Than
Nuclear Regulatory Commission
Licensees and Not Covered by
Subpart H.
J...................... Equipment Leaks (Fugitive ............ X X X
Emission Sources) of Benzene.
K...................... Radionuclide Emissions From ............ X ............
Elemental Phosphorus Plants.
L...................... Benzene Emissions from Coke By- ............ X X X
Product Recovery Plants.
M...................... Asbestos....................... X X X X
N...................... Inorganic Arsenic Emissions ............ X X X
From Glass Manufacturing
Plants.
O...................... Inorganic Arsenic Emissions ............ X X X
From Primary Copper Smelters.
P...................... Inorganic Arsenic Emissions ............ X X X
From Arsenic Trioxide and
Metallic Arsenic Production
Facilities.
Q...................... Radon Emissions From Department ............ ............ ............
of Energy Facilities.
R...................... Radon Emissions From ............ ............ ............
Phosphogypsum Stacks.
S...................... (Reserved)..................... ............ ............ ............
T...................... Radon Emissions From the ............ ............ ............
Disposal of Uranium Mill
Tailings.
U...................... (Reserved)..................... ............ ............ ............
V...................... Equipment Leaks (Fugitive ............ X X X
Emission Sources).
W...................... Radon Emissions From Operating ............ ............ ............
Mill Tailings.
X...................... (Reserved)..................... ............ ............ ............
Y...................... Benzene Emissions From Benzene ............ X X X
Storage Vessels.
Z-AA................... (Reserved)..................... ............ ............ ............
BB..................... Benzene Emissions From Benzene ............ X X X
Transfer Operations.
CC-EE.................. (Reserved)..................... ............ ............ ............
FF..................... Benzene Waste Operations....... ............ X X X
----------------------------------------------------------------------------------------------------------------
(H) Delegations for Shasta County Air Quality Management District,
Siskiyou County Air Pollution Control District, South Coast Air Quality
Management District, and Tehama County Air Pollution Control District
are shown in the following table:
Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Shasta County Air Quality
Management District, Siskiyou County Air Pollution Control District, South Coast Air Quality Management
District, and Tehama County Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
Air pollution control agency
-----------------------------------------------
Subpart Shasta Siskiyou Tehama
County County South County
AQMD APCD Coast AQMD APCD
----------------------------------------------------------------------------------------------------------------
A General Provisions................... .......... .......... X ..........
[[Page 26]]
B Radon Emissions From Underground .......... .......... .......... ..........
Uranium.
C Beryllium............................ X .......... X ..........
D Beryllium Rocket Motor Firing........ X .......... X ..........
E Mercury.............................. X .......... X ..........
F Vinyl Chloride....................... X .......... X ..........
G (Reserved)........................... .......... .......... .......... ..........
H Emissions of Radionuclides Other Than .......... .......... .......... ..........
Radon From Department of Energy
Facilities.
I Radionuclide Emissions From Federal .......... .......... .......... ..........
Facilities Other Than Nuclear
Regulatory Commission Licensees and
Not Covered by Subpart H.
J Equipment Leaks (Fugitive Emission .......... .......... X ..........
Sources) of Benzene.
K Radionuclide Emissions From Elemental .......... .......... .......... ..........
Phosphorus Plants.
L Benzene Emissions from Coke By- .......... .......... X ..........
Product Recovery Plants.
M Asbestos............................. X .......... X ..........
N Inorganic Arsenic Emissions From .......... .......... X ..........
Glass Manufacturing Plants.
O Inorganic Arsenic Emissions From .......... .......... X ..........
Primary Copper Smelters.
P Inorganic Arsenic Emissions From .......... .......... X ..........
Arsenic Trioxide and Metallic
Arsenic Production Facilities.
Q Radon Emissions From Department of .......... .......... .......... ..........
Energy Facilities.
R Radon Emissions From Phosphogypsum .......... .......... .......... ..........
Stacks.
S (Reserved)........................... .......... .......... .......... ..........
T Radon Emissions From the Disposal of .......... .......... .......... ..........
Uranium Mill Tailings.
U (Reserved)........................... .......... .......... .......... ..........
V Equipment Leaks (Fugitive Emission .......... .......... X ..........
Sources).
W Radon Emissions From Operating Mill .......... .......... .......... ..........
Tailings.
X (Reserved)........................... .......... .......... .......... ..........
Y Benzene Emissions From Benzene .......... .......... X ..........
Storage Vessels.
Z-AA (Reserved)........................... .......... .......... .......... ..........
BB Benzene Emissions From Benzene .......... .......... X ..........
Transfer Operations.
CC-EE (Reserved)........................... .......... .......... .......... ..........
FF Benzene Waste Operations............. .......... .......... X ..........
----------------------------------------------------------------------------------------------------------------
(I) Delegations for Tuolumne County Air Pollution Control District,
Ventura County Air Pollution Control District, and Yolo-Solano Air
Quality Management District are shown in the following table:
Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Tuolumne County Air
Pollution Control District, Ventura County Air Pollution Control District, and Yolo-Solano Air Quality
Management District
----------------------------------------------------------------------------------------------------------------
Air Pollution Control Agency
-----------------------------------------
Subpart Tuolumne Ventura Yolo-Solano
County APCD County APCD AQMD
----------------------------------------------------------------------------------------------------------------
A.................................. General Provisions............... X
B.................................. Radon Emissions From Underground
Uranium.
C.................................. Beryllium........................ X
D.................................. Beryllium Rocket Motor Firing.... X
E.................................. Mercury.......................... X X
F.................................. Vinyl Chloride................... X
G.................................. (Reserved).......................
H.................................. Emissions of Radionuclides Other
Than Radon From Department of
Energy Facilities.
I.................................. Radionuclide Emissions From
Federal Facilities Other Than
Nuclear Regulatory Commission
Licensees and Not Covered by
Subpart H.
J.................................. Equipment Leaks (Fugitive X
Emission Sources) of Benzene.
K.................................. Radionuclide Emissions From
Elemental Phosphorus Plants.
[[Page 27]]
L.................................. Benzene Emissions from Coke By- X
Product Recovery Plants.
M.................................. Asbestos......................... X X
N.................................. Inorganic Arsenic Emissions From X
Glass Manufacturing Plants.
O.................................. Inorganic Arsenic Emissions From X
Primary Copper Smelters.
P.................................. Inorganic Arsenic Emissions From X
Arsenic Trioxide and Metallic
Arsenic Production Facilities.
Q.................................. Radon Emissions From Department
of Energy Facilities.
R.................................. Radon Emissions From
Phosphogypsum Stacks.
S.................................. (Reserved).......................
T.................................. Radon Emissions From the Disposal
of Uranium Mill Tailings.
U.................................. (Reserved).......................
V.................................. Equipment Leaks (Fugitive X
Emission Sources).
W.................................. Radon Emissions From Operating
Mill Tailings.
X.................................. (Reserved).......................
Y.................................. Benzene Emissions From Benzene X
Storage Vessels.
Z-AA............................... (Reserved).......................
BB................................. Benzene Emissions From Benzene X
Transfer Operations.
CC-EE.............................. (Reserved).......................
FF................................. Benzene Waste Operations......... X ............
----------------------------------------------------------------------------------------------------------------
(iii) Hawaii. The following table identifies delegations as of
October 21, 2004:
Delegation Status for National Emissions Standards for Hazardous Air
Pollutants for Hawaii
------------------------------------------------------------------------
Subpart Hawaii
------------------------------------------------------------------------
A.................. General Provisions................... X
B.................. Radon Emissions From Underground
Uranium.
C.................. Beryllium............................ X
D.................. Beryllium Rocket Motor Firing........ X
E.................. Mercury.............................. X
F.................. Vinyl Chloride.......................
G.................. (Reserved)...........................
H.................. Emissions of Radionuclides Other Than
Radon From Department of Energy
Facilities.
I.................. Radionuclide Emissions From Federal
Facilities Other Than Nuclear
Regulatory Commission Licensees and
Not Covered by Subpart H.
J.................. Equipment Leaks (Fugitive Emission X
Sources) of Benzene.
K.................. Radionuclide Emissions From Elemental
Phosphorus Plants.
L.................. Benzene Emissions from Coke By-
Product Recovery Plants.
M.................. Asbestos............................. X
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 Emissions From Phosphogypsum
Stacks.
S.................. (Reserved)...........................
T.................. Radon Emissions From the Disposal of
Uranium Mill Tailings.
U.................. (Reserved)...........................
V.................. Equipment Leaks (Fugitive Emission X
Sources).
W.................. Radon Emissions From Operating Mill
Tailings.
X.................. (Reserved)...........................
Y.................. Benzene Emissions From Benzene X
Storage Vessels.
Z-AA............... (Reserved)...........................
BB................. Benzene Emissions From Benzene X
Transfer Operations.
CC-EE.............. (Reserved)...........................
FF................. Benzene Waste Operations............. X
------------------------------------------------------------------------
[[Page 28]]
(iv) Nevada. The following table identifies delegations for Nevada:
Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Nevada
----------------------------------------------------------------------------------------------------------------
Air pollution control agency
Subpart --------------------------------------------------
Nevada DEP Clark County Washoe County
----------------------------------------------------------------------------------------------------------------
A............................. General Provisions........... X X
B............................. Radon Emissions From ...............
Underground Uranium Mines.
C............................. Beryllium.................... X X X
D............................. Beryllium Rocket Motor Firing X X
E............................. Mercury...................... X X
F............................. Vinyl Chloride............... X X
G............................. (Reserved)................... ...............
H............................. Emissions of Radionuclides X
Other Than Radon From
Department of Energy
Facilities.
I............................. Radionuclide Emissions From X
Federal Facilities Other
Than Nuclear Regulatory
Commission Licensees and Not
Covered by Subpart H.
J............................. Equipment Leaks (Fugitive X X
Emission Sources) of Benzene.
K............................. Radionuclide Emissions From X
Elemental Phosphorus Plants.
L............................. Benzene Emissions from Coke X X
By-Product Recovery Plants.
M............................. Asbestos..................... ............... X X
N............................. Inorganic Arsenic Emissions X X
From Glass Manufacturing
Plants.
O............................. Inorganic Arsenic Emissions X X
From Primary Copper Smelters.
P............................. Inorganic Arsenic Emissions X X
From Arsenic Trioxide and
Metallic Arsenic Production
Facilities.
Q............................. Radon Emissions From ...............
Department of Energy
Facilities.
R............................. Radon Emissions From ...............
Phosphogypsum Stacks.
S............................. (Reserved)................... ...............
T............................. Radon Emissions From the ...............
Disposal of Uranium Mill
Tailings.
U............................. (Reserved)................... ...............
V............................. Equipment Leaks (Fugitive X X
Emission Sources).
W............................. Radon Emissions From ...............
Operating Mill Tailings.
X............................. (Reserved)................... ...............
Y............................. Benzene Emissions From X X
Benzene Storage Vessels.
Z-AA.......................... (Reserved)................... ...............
BB............................ Benzene Emissions From X X
Benzene Transfer Operations.
CC-EE......................... (Reserved)................... ...............
FF............................ Benzene Waste Operations..... X X ...............
----------------------------------------------------------------------------------------------------------------
(10) The following table lists the delegation status of specific
Part 61 Subparts that have been delegated unchanged to state and local
air pollution control agencies in Region 10. An ``X'' indicates the
subpart has been delegated, subject to all the conditions and
limitations set forth in federal law, regulations, policy, guidance, and
determinations. Some authorities cannot be delegated and are retained by
EPA. These include certain General Provisions authorities and specific
parts of some standards. The dates noted at the end of this table
indicate the effective dates of federal rules that have been delegated.
Any amendments made to these rules after this effective date are not
delegated.
[[Page 29]]
Delegation Status for Part 61 Standards--Region 10 \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
AK ID OR WA
--------------------------------------------------------------------------------------------------------------------
Subparts \2\ ADEC IDEQ ODEQ LRAPA Ecology BCAA NWCAA ORCAA PSCAA SWCAA SCAPCA YRCAA WDOH
\3\ \4\ \5\ \6\ \7\ \8\ \9\ \10\ \11\ \12\ \13\ \14\ \15\
--------------------------------------------------------------------------------------------------------------------------------------------------------
A General Provisions \16\.......... X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \16\ X \17\
B Radon from Underground Uranium ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Mines.............................
C Beryllium........................ ....... X X X X X X X X X X X .......
D Beryllium Rocket Motor Firing.... ....... X X X X X X X X X X X .......
E Mercury.......................... X X X X X X X X X X X X .......
F Vinyl Chloride................... ....... X X X X X X X X X X X .......
H Radionuclide other than Radon ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
from Dept. of Energy Facilities...
I Radionuclide from Federal ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Facilities other than Nuclear
Regulatory Commission Licensees
and not covered by Subpart H......
J Equipment Leaks of Benzene....... X X X X X X X X X X X X .......
K Radionuclide from Elemental ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Phosphorus Plants.................
L Benzene from Coke By-Product ....... X X X X X X X X X X X .......
Recovery Plants...................
M Asbestos......................... X ....... ....... ....... X X X X X X X X .......
N Inorganic Arsenic from Glass ....... X X ....... X X X X X X X X .......
Manufacturing Plants..............
O Inorganic Arsenic from Primary ....... X X ....... X X X X X X X X .......
Copper Smelters...................
P Inorganic Arsenic emissions from ....... X X ....... X X X X X X X X .......
Arsenic Trioxide and Metallic
Arsenic Production Facilities.....
Q Radon from Dept. of Energy ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Facilities........................
R Radon from Phosphogypsum Stacks.. ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
T Radon from Disposal Uranium Mill ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Tailings..........................
V Equipment Leaks (Fugitive X X X ....... X X X X X X X X .......
Sources)..........................
W Radon from Operating Mill ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... ....... X
Tailings..........................
Y Benzene from Benzene Storage X X X ....... X X X X X X X X .......
Vessels...........................
BB Benzene from Benzene Transfer ....... X X ....... X X X X X X X X .......
Operations........................
FF Benzene Waste Operations........ X X X ....... X X X X X X X X .......
--------------------------------------------------------------------------------------------------------------------------------------------------------
1. Table last updated on July 5, 2006.
2. Any authority within any subpart of this part (i.e. under ``Delegation of Authority'') that is identified as not delegable, is not delegated.
3. Alaska Department of Environmental Conservation (01/18/1997). Note: Alaska received delegation for Sec. 61.145 and Sec. 61.154 of subpart M
(Asbestos), along with other sections and appendices which are referenced in Sec. 61.145, as Sec. 61.145 applies to sources required to obtain an
operating permit under Alaska's regulations. Alaska has not received delegation for subpart M for sources not required to obtain an operating permit
under Alaska's regulations.
[[Page 30]]
4. Idaho Department of Environmental Quality (07/01/2003). Note: Delegation of these part 61 subparts applies only to those sources in Idaho required to
obtain an operating permit under title V of the Clean Air Act.
5. Oregon Department of Environmental Quality (07/01/2004).
6. Lane Regional Air Pollution Authority (07/01/2001).
7. Washington Department of Ecology (02/20/2001). Note: Delegation of part 61, subpart M, applies only to sources required to obtain an operating permit
under title V of the Clean Air Act, including Hanford. (Pursuant to RCW 70.105.240, only Ecology can enforce non-radionuclide regulations at Hanford).
8. Benton Clean Air Authority (02/20/2001). Note: Delegation of part 61, subpart M, excludes Hanford, see note 7.
9. Northwest Clean Air Agency (07/01/2003).
10. Olympic Regional Clean Air Agency (07/01/2000). Note: Delegation of part 61, subpart M applies only to sources required to obtain an operating
permit under title V of the Clean Air Act.
11. Puget Sound Clean Air Agency (07/01/2005).
12. Southwest Clean Air Agency (08/01/1998).
13. Spokane County Air Pollution Control Authority (02/20/2001).
14. Yakima Regional Clean Air Authority (07/01/2000).
15. Washington State Department of Health (07/01/2004). Note: WDOH is only delegated the Radionuclide NESHAPs. Other NESHAPs will be enforced by
Washington State Department of Ecology and local air agencies, as applicable.
16. General Provisions Authorities which are not delegated include: Sec. Sec. 61.04(b); 61.12(d)(1); 61.13(h)(1)(ii) for approval of major
alternatives to test methods; Sec. 61.14(g)(1)(ii) for approval of major alternatives to monitoring; Sec. 61.16; Sec. 61.53(c)(4); and any
sections in the subparts pertaining to approval of alternative standards (i.e., alternative means of emission limitations), or approval of major
alternatives to test methods or monitoring. For definitions of minor, intermediate, and major alternatives or changes to test methods and monitoring,
see 40 CFR 63.90.
17. General Provisions Authorities which are not delegated include: waiver of recordkeeping, approval of alternative means of emission limitation,
approval of alternatives to test methods, except as provided in 40 CFR 61.13(h)(1)(i), approval of alternative to monitoring that do not qualify as
``Minor changes to monitoring,'' ``Intermediate changes to monitoring,'' or ``Minor changes to recordkeeping/reporting'' as defined in 40 CFR 63.90,
and availability of information.
[40 FR 18170, Apr. 25, 1975]
Editorial Note: For Federal Register citations affecting Sec.
61.04, see the List of CFR Sections Affected, which appears in the
Finding Aids section of the printed volume and at www.govinfo.gov.
[[Page 31]]
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 32]]
(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 33]]
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, Sec. Sec. 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 34]]
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 35]]
Sec. 61.12 Compliance with standards and maintenance requirements.
(a) Compliance with numerical emission limits shall be determined in
accordance with emission tests established in Sec. 61.13 or as
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.
(e) For the purpose of submitting compliance certifications or
establishing whether or not a person has violated or is in violation of
any standard in this part, nothing in this part shall preclude the use,
including the exclusive use, of any credible evidence or information,
relevant to whether a source would have been in compliance with
applicable requirements if the appropriate performance or compliance
test had been performed.
[50 FR 46292, Nov. 7, 1985, as amended 62 FR 8328, Feb. 24, 1997]
Sec. 61.13 Emission tests and waiver of emission tests.
(a) Except as provided in paragraphs (a)(3), (a)(4), (a)(5), and
(a)(6) of this section, 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.
(2) Within 90 days after initial startup, for a new source which has
an initial startup date after the effective date.
(3) If a force majeure is about to occur, occurs, or has occurred
for which the affected owner or operator intends to assert a claim of
force majeure, the owner or operator shall notify the Administrator, in
writing as soon as practicable following the date the owner or operator
first knew, or through due diligence should have known that the event
may cause or caused a delay in testing beyond the regulatory deadline
specified in paragraphs (a)(1) or (a)(2) of this section or beyond a
deadline established pursuant to the requirements under paragraph (b) of
this section, but the notification must occur before the performance
test deadline unless the initial force majeure or a subsequent force
majeure event delays the notice, and in such cases, the notification
shall occur as soon as practicable.
(4) The owner or operator shall provide to the Administrator a
written description of the force majeure event and a rationale for
attributing the
[[Page 36]]
delay in testing beyond the regulatory deadline to the force majeure;
describe the measures taken or to be taken to minimize the delay; and
identify a date by which the owner or operator proposes to conduct the
performance test. The performance test shall be conducted as soon as
practicable after the force majeure occurs.
(5) The decision as to whether or not to grant an extension to the
performance test deadline is solely within the discretion of the
Administrator. The Administrator will notify the owner or operator in
writing of approval or disapproval of the request for an extension as
soon as practicable.
(6) Until an extension of the performance test deadline has been
approved by the Administrator under paragraphs (a)(3), (a)(4), and
(a)(5) of this section, the owner or operator of the affected facility
remains strictly subject to the requirements of this part.
(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.
(1) The performance testing shall include a test method performance
audit (PA) during the performance test. The PAs consist of blind audit
samples supplied by an accredited audit sample provider and analyzed
during the performance test in order to provide a measure of test data
bias. Gaseous audit samples are designed to audit the performance of the
sampling system as well as the analytical system and must be collected
by the sampling system during the compliance test just as the compliance
samples are collected. If a liquid or solid audit sample is designed to
audit the sampling system, it must also be collected by the sampling
system during the compliance test. If multiple sampling systems or
sampling trains are used during the compliance test for any of the test
methods, the tester is only required to use one of the sampling systems
per method to collect the audit sample. The audit sample must be
analyzed by the same analyst using the same analytical reagents and
analytical system and at the same time as the compliance samples.
Retests are required when there is a failure to produce acceptable
results for an audit sample. However, if the audit results do not affect
the compliance or noncompliance status of the affected facility, the
compliance authority may waive the reanalysis requirement, further
audits, or retests and accept the results of the compliance test.
Acceptance of the test results shall constitute a waiver of the
reanalysis requirement, further audits, or retests. The compliance
authority may also use the audit sample failure and the compliance test
results as evidence to determine the compliance or noncompliance status
of the affected facility. A blind audit sample is a sample whose value
is known only to the sample provider and is not revealed to the tested
facility until after they report the measured value of the audit sample.
For pollutants that exist in the gas phase at ambient temperature, the
audit sample shall consist of an appropriate concentration of the
pollutant in air or nitrogen that can be introduced into the sampling
system of the test method at or near the same entry point as a sample
from the emission source. If no gas phase audit samples are available,
an acceptable alternative is a sample of the pollutant in the same
matrix that would be produced
[[Page 37]]
when the sample is recovered from the sampling system as required by the
test method. For samples that exist only in a liquid or solid form at
ambient temperature, the audit sample shall consist of an appropriate
concentration of the pollutant in the same matrix that would be produced
when the sample is recovered from the sampling system as required by the
test method. An accredited audit sample provider (AASP) is an
organization that has been accredited to prepare audit samples by an
independent, third party accrediting body.
(i) The source owner, operator, or representative of the tested
facility shall obtain an audit sample, if commercially available, from
an AASP for each test method used for regulatory compliance purposes. No
audit samples are required for the following test methods: Methods 3A
and 3C of appendix A-3 of part 60 of this chapter; Methods 6C, 7E, 9,
and 10 of appendix A-4 of part 60; Method 18 and 19 of appendix A-6 of
part 60; Methods 20, 22, and 25A of appendix A-7 of part 60; Methods 30A
and 30B of appendix A-8 of part 60; and Methods 303, 318, 320, and 321
of appendix A of part 63 of this chapter. If multiple sources at a
single facility are tested during a compliance test event, only one
audit sample is required for each method used during a compliance test.
The compliance authority responsible for the compliance test may waive
the requirement to include an audit sample if they believe that an audit
sample is not necessary. ``Commercially available'' means that two or
more independent AASPs have blind audit samples available for purchase.
If the source owner, operator, or representative cannot find an audit
sample for a specific method, the owner, operator, or representative
shall consult the EPA Web site at the following URL, www.epa.gov/ttn/
emc, to confirm whether there is a source that can supply an audit
sample for that method. If the EPA Web site does not list an available
audit sample at least 60 days prior to the beginning of the compliance
test, the source owner, operator, or representative shall not be
required to include an audit sample as part of the quality assurance
program for the compliance test. When ordering an audit sample, the
source owner, operator, or representative shall give the sample provider
an estimate for the concentration of each pollutant that is emitted by
the source or the estimated concentration of each pollutant based on the
permitted level and the name, address, and phone number of the
compliance authority. The source owner, operator, or representative
shall report the results for the audit sample along with a summary of
the emission test results for the audited pollutant to the compliance
authority and shall report the results of the audit sample to the AASP.
The source owner, operator, or representative shall make both reports at
the same time and in the same manner or shall report to the compliance
authority first and then report to the AASP. If the method being audited
is a method that allows the samples to be analyzed in the field and the
tester plans to analyze the samples in the field, the tester may analyze
the audit samples prior to collecting the emission samples provided a
representative of the compliance authority is present at the testing
site. The tester may request, and the compliance authority may grant, a
waiver to the requirement that a representative of the compliance
authority must be present at the testing site during the field analysis
of an audit sample. The source owner, operator, or representative may
report the results of the audit sample to the compliance authority and
then report the results of the audit sample to the AASP prior to
collecting any emission samples. The test protocol and final test report
shall document whether an audit sample was ordered and utilized and the
pass/fail results as applicable.
(ii) An AASP shall have and shall prepare, analyze, and report the
true value of audit samples in accordance with a written technical
criteria document that describes how audit samples will be prepared and
distributed in a manner that will ensure the integrity of the audit
sample program. An acceptable technical criteria document shall contain
standard operating procedures for all of the following operations:
(A) Preparing the sample;
[[Page 38]]
(B) Confirming the true concentration of the sample;
(C) Defining the acceptance limits for the results from a well
qualified tester. This procedure must use well established statistical
methods to analyze historical results from well qualified testers. The
acceptance limits shall be set so that there is 95 percent confidence
that 90 percent of well qualified labs will produce future results that
are within the acceptance limit range;
(D) Providing the opportunity for the compliance authority to
comment on the selected concentration level for an audit sample;
(E) Distributing the sample to the user in a manner that guarantees
that the true value of the sample is unknown to the user;
(F) Recording the measured concentration reported by the user and
determining if the measured value is within acceptable limits;
(G) Reporting the results from each audit sample in a timely manner
to the compliance authority and to the source owner, operator, or
representative by the AASP. The AASP shall make both reports at the same
time and in the same manner or shall report to the compliance authority
first and then report to the source owner, operator, or representative.
The results shall include the name of the facility tested, the date on
which the compliance test was conducted, the name of the company
performing the sample collection, the name of the company that analyzed
the compliance samples including the audit sample, the measured result
for the audit sample, and whether the testing company passed or failed
the audit. The AASP shall report the true value of the audit sample to
the compliance authority. The AASP may report the true value to the
source owner, operator, or representative if the AASP's operating plan
ensures that no laboratory will receive the same audit sample twice.
(H) Evaluating the acceptance limits of samples at least once every
two years to determine in consultation with the voluntary consensus
standard body if they should be changed;
(I) Maintaining a database, accessible to the compliance
authorities, of results from the audit that shall include the name of
the facility tested, the date on which the compliance test was
conducted, the name of the company performing the sample collection, the
name of the company that analyzed the compliance samples including the
audit sample, the measured result for the audit sample, the true value
of the audit sample, the acceptance range for the measured value, and
whether the testing company passed or failed the audit.
(iii) The accrediting body shall have a written technical criteria
document that describes how it will ensure that the AASP is operating in
accordance with the AASP technical criteria document that describes how
audit or samples are to be prepared and distributed. This document shall
contain standard operating procedures for all of the following
operations:
(A) Checking audit samples to confirm their true value as reported
by the AASP.
(B) Performing technical systems audits of the AASP's facilities and
operating procedures at least once every two years.
(C) Providing standards for use by the voluntary consensus standard
body to approve the accrediting body that will accredit the audit sample
providers.
(iv) The technical criteria documents for the accredited sample
providers and the accrediting body shall be developed through a public
process guided by a voluntary consensus standards body (VCSB). The VCSB
shall operate in accordance with the procedures and requirements in the
Office of Management and Budget Circular A-119. A copy of Circular A-119
is available upon request by writing the Office of Information and
Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW., Washington, DC 20503, by calling (202) 395-6880 or downloading
online at http://standards.gov/standards_gov/a119.cfm. The VCSB shall
approve all accrediting bodies. The Administrator will review all
technical criteria documents. If the technical criteria documents do not
meet the minimum technical requirements in paragraphs (e)(1)(ii) through
(iv) of this
[[Page 39]]
section, the technical criteria documents are not acceptable and the
proposed audit sample program is not capable of producing audit samples
of sufficient quality to be used in a compliance test. All acceptable
technical criteria documents shall be posted on the EPA Web site at the
following URL, http://www.epa.gov/ttn/emc.
(2) [Reserved]
(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 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, as amended at 72 FR 27442, May 16, 2007; 75
FR 55652, Sept. 13, 2010; 79 FR 11275, Feb. 27, 2014; 81 FR 59825, Aug.
30, 2016]
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
[[Page 40]]
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 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.
[[Page 41]]
(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 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 in accordance with 5
U.S.C. 552(a) and 1 CFR part 51. 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 inspection at the corresponding address noted below,
and at U.S. EPA's Air Docket at 1200 Pennsylvania Avenue, NW,
Washington, DC 20460, or at the National Archives and Records
Administration (NARA). For information on the availability of this
material at NARA, call 202-741-6030, or go to: http://www.archives.gov/
federal_register/code_of_federal_regulations/ibr_locations.html.
(a) The following materials are available for purchase from at least
one of the following addresses: American Society for Testing and
Materials (ASTM) International, 100 Barr Harbor Drive, P.O. Box C700,
West
[[Page 42]]
Conshohocken, PA, 19428-2959; or University Microfilms International,
300 North Zeeb Road, Ann Arbor, MI 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 D835-85, Standard Specification for Refined Benzene-485,
IBR approved September 14, 1989 for Sec. 61.270(a).
(3) ASTM D836-84, Standard Specification for Industrial Grade
Benzene, IBR approved September 14, 1989 for Sec. 61.270(a).
(4) ASTM D1193-77, 91, Standard Specification for Reagent Water, IBR
approved for appendix B: Method 101, Section 7.1.1; Method 101A, Section
7.1.1; and Method 104, Section 7.1; Method 108, Section 7.1.3; Method
108A, Section 7.1.1; Method 108B, Section 7.1.1; Method 108C, Section
7.1.1; and Method 111, Section 7.3.
(5) ASTM D2267-68, 78, 88, Standard Test Method for Aromatics in
Light Naphthas and Aviation Gasoline by Gas Chromatography, IBR approved
September 30, 1986, for Sec. 61.67(h)(1).
(6) ASTM D2359-85a, 93, Standard Specification for Refined Benzene-
535, IBR approved September 14, 1989 for Sec. 61.270(a).
(7) ASTM D2382-76, 88, Heat of Combustion of Hydrocarbon Fuels by
Bomb Calorimeter (High-Precision Method), IBR approved June 6, 1984 for
Sec. 61.245(e)(3).
(8) ASTM D2504-67, 77, 88 (Reapproved 1993), Noncondensable Gases in
C3 and Lighter Hydrocarbon Products by Gas Chromatography,
IBR approved June 6, 1984 for Sec. 61.245(e)(3).
(9) ASTM D2879-83, Standard Test Method for Vapor Pressure--
Temperature Relationship and Initial Decomposition Temperature of
Liquids by Isoteniscope, IBR approved December 14, 2000 for Sec.
61.241.
(10) ASTM D2986-71, 78, 95a, Standard Method for Evaluation of Air,
Assay Media by the Monodisperse DOP (Dioctyl Phthalate) Smoke Test, IBR
approved for appendix B: Method 103, Section 6.1.3.
(11) ASTM D4420-94, Standard Test Method for Determination of
Aromatics in Finished Gasoline by Gas Chromatography, IBR approved for
Sec. 61.67(h)(1).
(12) ASTM D4734-87, 96, Standard Specification for Refined Benzene-
545, IBR approved September 14, 1989 for Sec. 61.270(a).
(13) ASTM D4809-95, Standard Test Method for Heat of Combustion of
Liquid Hydrocarbon Fuels by Bomb Calorimeter (Precision Method), IBR
approved for Sec. 61.245(e)(3).
(14) ASTM E50-82, 86, 90 (Reapproved 1995), Standard Practices for
Apparatus Reagents, and Safety Precautions for Chemical Analysis of
Metals, IBR approved for appendix B: Method 108C, Section 6.1.4.
(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, 25 West 43rd Street, 4th Floor,
New York, New York 10036.
(1) ANSI N13.1-1969, ``Guide to Sampling Airborne Radioactive
Materials in Nuclear Facilities.'' IBR approved for 61.93(b)(2)(ii) and
61.107(b)(2)(ii).
(2) ANSI/HPS N13.1-1999 ``Sampling and Monitoring Releases of
Airborne Radioactive Substances from the Stacks and Ducts of Nuclear
Facilities,'' IBR approved October 9, 2002, for Sec. Sec. 61.93(c);
61.107(d) and Method 114, paragraph 2.1 of appendix B to 40 CFR part 61.
(d) The following material is available from the Superintendent of
Documents, U.S. Government Printing Office, Washington, DC 20402-9325,
telephone (202) 512-1800 or outside of Washington, DC area: 1-866-512-
1800.
(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
[[Page 43]]
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).
(e) State and Local Requirements. The following materials listed
below are available at the Air and Radiation Docket and Information
Center, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone
number (202) 566-1745.
(1)(i) New Hampshire Regulations at Env-Sw 2100, Management and
Control of Asbestos Disposal Sites Not Operated after July 9, 1981,
effective February 16, 2010 (including a letter from Thomas S. Burack,
Commissioner, Department of Environmental Services, State of New
Hampshire, to Carol J. Holahan, Director, Office of Legislative
Services, dated February 12, 2010, certifying that the enclosed rule,
Env-Sw 2100, is the official version of this rule). Incorporation By
Reference approved for Sec. 61.04(c).
(ii) New Hampshire Code of Administrative Rules: Chapter Env-A 1800,
Asbestos Management and Control, effective as of May 5, 2017 (certified
with June 23, 2017 letter from Clark B. Freise, Assistant Commissioner,
Department of Environmental Services, State of New Hampshire), as
follows: Revision Notes 1 and 2; Part Env-A 1801-1807, excluding Env-A
1801.02(e), Env-A 1801.07, Env-A 1802.02, Env-A 1802.04, Env-A 1802.07-
1802.09, Env-A 1802.13, Env-A 1802.15-1802.17, Env-A 1802.25, Env-A
1802.31, Env-A 1802.37, Env-A 1802.40, Env-A 1802.44, and Env-A 1803.05-
1803.09; and Appendices B, C, and D; IBR approved for Sec. 61.04(c).
[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; 65 FR 62150, Oct. 17, 2000; 65 FR 78280, Dec. 14, 2000; 67 FR
57166, Sept. 9, 2002; 69 FR 18803, Apr. 9, 2004; 78 FR 2338, Jan. 11,
2013; 83 FR 48255, Sept. 24, 2018]
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 90,720
megagrams (Mg) (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
9,072 Mg (10,000 tons), unless it can be demonstrated to EPA that the
mine will not exceed total ore production of 90,720 Mg (100,000 tons)
during the life of the mine.
[54 FR 51694, Dec. 15, 1989, as amended at 65 FR 62151, Oct. 17, 2000]
[[Page 44]]
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 the
absorbed dose and appropriate effectiveness factors. These factors
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. 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.
[54 FR 51694, Dec. 15, 1989, as amended at 65 FR 62151, Oct. 17, 2000]
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 U.S.
Environmental Protection Agency (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.
[54 FR 51694, Dec. 15, 1989, as amended at 65 FR 62151, Oct. 17, 2000]
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 calculations. This 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
[[Page 45]]
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:
(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.
[54 FR 51694, Dec. 15, 1989, as amended at 65 FR 62151, Oct. 17, 2000]
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 plants, 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.
[38 FR 8826, Apr. 6, 1973, as amended at 65 FR 62151, Oct. 17, 2000]
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
[[Page 46]]
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 (0.022 lb) of
beryllium over a 24-hour period, except as provided in paragraph (b) of
this section.
(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 [micro]g/m \3\ (4.37 x
10-6 gr/ft \3\), 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
[micro]g/m \3\ (4.37 x 10-6 gr/ft \3\), 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.
[38 FR 8826, Apr. 6, 1973, as amended at 65 FR 62151, Oct. 17, 2000]
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
[[Page 47]]
the source according to Method 104 of appendix B to this part or
according to Method 29 of appendix A to part 60. 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) By May 28, 2014 in the case of an existing source or a new
source which has an initial startup date preceding February 27, 2014; or
(2) Within 90 days of startup in the case of a new source which did
not have an initial startup date preceding February 27, 2014.
(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 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; 79
FR 11275, Feb. 27, 2014]
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
[[Page 48]]
([micro]g-min/m\3\)(4.68 x 10-9 pound minutes per cubic foot
(lb-min/ft\3\)) of air within the limits of 10 to 60 minutes,
accumulated during any 2 consecutive weeks, in any area in which an
adverse effect 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 2.0 g/hr (0.0044 lb/hr) and a maximum of 10 g/day (0.022 lb/day).
[38 FR 8826, Apr. 6, 1973, as amended at 65 FR 62151, Oct. 17, 2000; 79
FR 11275, Feb. 27, 2014]
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.
(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.
[[Page 49]]
(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.
(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 2.3 kg
(5.1 lb) 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 3.2 kg (7.1 lb) of mercury per
24-hour period.
[40 FR 48302, Oct. 14, 1975, as amended at 65 FR 62151, Oct. 17, 2000]
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--
[[Page 50]]
(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 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 1.3 kg/day (2.9 lb/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 or Method 29 in appendix A to part 60
shall be used to test emissions as follows:
(i) The test shall be performed by May 28, 2014 in the case of an
existing source or a new source which has an initial startup date
preceding February 27, 2014.
(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 February 27, 2014.
(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.
[[Page 51]]
(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; 65 FR 62151, Oct. 17, 2000; 79 FR 11275, Feb. 27, 2014]
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.
(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 5 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.
[GRAPHIC] [TIFF OMITTED] TC15NO91.047
where:
EHg = Mercury emissions, g/day.
M = Mercury concentration of sludge on a dry solids basis, [micro]g/g.
Q = Sludge changing rate, kg/day.
Fsm = Weight fraction of solids in the collected sludge after
mixing.
1000 = Conversion factor, kg [micro]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
[[Page 52]]
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 1.6 kg (3.5
lb) 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 emission limits in Sec. 61.52, on
the hydrogen stream by Method 102 and on the end-box stream by 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
[[Page 53]]
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.
(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 paragraph
(c)(2) of this section.
(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
[[Page 54]]
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, as amended at 65 FR 62151, Oct. 17, 2000]
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 (Sec. Sec.
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.
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 m \3\ (50
gal).
(c) Sections of this subpart other than Sec. Sec. 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 m\3\(50 gal) and no more than 4.17
m\3\(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 (PVC) 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
[[Page 55]]
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 at 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 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 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.
[[Page 56]]
(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 Sec. Sec. 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; 65 FR 62151, Oct.
17, 2000]
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 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 (0.4 lb/ton) (average for 3-hour
period) of the 100 percent ethylene dichloride product from the
oxychlorination process.
[51 FR 34909, Sept. 30, 1986, as amended at 65 FR 62151, Oct. 17, 2000]
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 (0.04 lb vinyl chloride/ton) 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
[[Page 57]]
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 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 (4 lb/ton) 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 (0.8 lb/ton) 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):
[[Page 58]]
(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; 65 FR 62151, Oct. 17, 2000]
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 (RVD). 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 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 m \3\ (0.13 ft \3\) 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
[[Page 59]]
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 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
[[Page 60]]
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 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 7.2.1 and 7.2.2 of Method 106 and in accordance with section
10.1 of 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 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 Sections 8.1 and 9.2 of Method 106. The
requirements in Sections 7.2.3.1 and 7.2.3.2 of 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
[[Page 61]]
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 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
[[Page 62]]
an emission limit is prescribed in Sec. 61.65(b)(6)(i) after opening
the equipment and using 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 Sec. Sec. 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
Sec. Sec. 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 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; 65 FR 62151, Oct. 17, 2000]
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
[[Page 63]]
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 the
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
Method 107 is specified, and the conditions in Section 1.2,
``Applicability'' of Method 107A are met, Method 107A may be used.
(1) Method 106 is to be used to determine the vinyl chloride
emissions from any source for which an emission 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 in 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 (1.8 ft\3\) 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 that 10 percent oxygen, the
concentration of vinyl chloride as determined by Method 106 is to be
corrected to 10 percent oxygen (dry basis) for determination of
emissions by using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.474
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
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
Method 3 of 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
are to be determined using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.475
Where:
CBX = Vinyl chloride emissions, g/kg (lb/lb) product.
Cb = Concentration of vinyl chloride as measured by Test
Method 106, ppmv.
DVC = Density of vinyl chloride at standard conditions, 2.60
kg/m\3\ (0.162 lb/ft\3\).
Q = Volumetric flow rate as determined by Method 2 of appendix A to part
60 of this chapter, m\3\/hr (ft\3\/hr).
[[Page 64]]
K = Unit conversion factor, 1,000 g/kg (1 lb/lb).
10-6 = Conversion factor for ppm.
Z = Production rate, kg/hr (lb/hr).
(2) 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 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) Method 106 is to be used to determine atmospheric emissions from
all of the process equipment simultaneously. The requirements of
paragraph (g)(1) of this section are to be met.
(ii) 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). Vinyl chloride mass
emissions are to be determined using the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.476
Where:
CBX = Vinyl chloride emissions, g/kg (lb/lb) product in each
inprocess wastewater stream.
Crvc = Concentration of vinyl chloride in wastewater, as
measured by Method 107, ppmw.
Dwater = Density of wastewater, 1.0 kg/m\3\ (0.0624 lb/
ft\3\).
Qwater = Wastewater flow rate, determined in accordance with
a method which has been submitted to and approved by the
Administrator, m\3\/hr (ft\3\/hr).
K = Unit conversion factor, 1,000 g/kg (1 lb/lb).
10-6 = Conversion factor for ppm.
Z = Production rate, kg/hr (lb/hr), determined in accordance with a
method which has been submitted to 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:
[GRAPHIC] [TIFF OMITTED] TR17OC00.477
Where:
CBX = Vinyl chloride emissions, g/kg (lb/lb) product.
Cb = Concentration of vinyl chloride, in ppmv, as determined
by Method 106 or a portable hydrocarbon detector which
measures hydrocarbons with a sensitivity of at least 10 ppmv.
VR = Capacity of the reactor, m\3\ (ft\3\).
DVC = Density of vinyl chloride at standard conditions, 2.60
kg/m\3\ (0.162 lb/ft\3\).
K = Unit conversion factor, 1,000 g/kg (1 lb/lb).
10-6 = Conversion factor for ppm.
Z = Production rate, kg/hr (lb/hr).
(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.
[[Page 65]]
(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), which is the
product of the average batch weight and the number of batches produced
since the reactor was last opened to the atmosphere, 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:
(A) The concentration of vinyl chloride in resin after stripping,
measured according to paragraph (g)(3) of this section;
(B) The reactor vacuum at end of strip from plant instrument; and
(C) The reactor temperature at the 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 of water in the reactor at the end of strip
from the following table:
Metric Units
----------------------------------------------------------------------------------------------------------------
Reactor vapor Reactor vapor Reactor vapor
temperature H2O vapor pressure temperature H2O vapor pressure temperature H2O vapor
([deg]C) (mm Hg) ([deg]C) (mm Hg) ([deg]C) pressure (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
----------------------------------------------------------------------------------------------------------------
[[Page 66]]
English Units
----------------------------------------------------------------------------------------------------------------
Reactor vapor H2O vapor Reactor vapor Reactor vapor
temperature pressure temperature H2O vapor pressure temperature H2O vapor
([deg]F) (psia) ([deg]F) (psia) ([deg]F) pressure (psia)
----------------------------------------------------------------------------------------------------------------
104 1.07 144 3.167 183 8.060
106 1.13 145 3.314 185 8.384
108 1.19 147 3.467 187 8.719
109 1.25 149 3.626 189 9.063
111 1.32 151 3.792 190 9.419
113 1.39 153 3.964 192 9.786
115 1.46 154 4.142 194 10.17
117 1.54 156 4.326 196 10.56
118 1.62 158 4.519 198 10.96
120 1.70 160 4.716 199 11.38
122 1.79 162 4.923 201 11.81
124 1.88 163 5.138 203 12.26
126 1.974 165 5.360 205 12.72
127 2.073 167 5.590 207 13.19
129 2.175 169 5.828 208 13.68
131 2.282 170 6.074 210 14.18
133 2.394 172 6.329 212 14.70
135 2.510 174 6.594
136 2.632 176 6.866
138 2.757 178 7.149
140 2.889 180 7.443
142 3.024 181 7.746
----------------------------------------------------------------------------------------------------------------
(B) The partial pressure of vinyl chloride in reactor at end of
strip from the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.478
Where:
PPVC = Partial pressure of vinyl chloride, mm Hg (psia)
PATM = Atmospheric pressure at 0 [deg]C (32 [deg]F), 760 mm
Hg (14.7 psia)
PRV = Absolute pressure of reactor vacuum, mm Hg (psia)
PW = Vapor pressure of water, mm Hg (psia)
(C) The reactor vapor space volume at the end of the strip from the
following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.479
Where:
VRVS = Reactor vapor space volume, m\3\ (ft\3\)
VR = Reactor capacity, m\3\ (ft\3\)
VW = Volume of water in reactor from recipe, m\3\ (ft\3\)
WPVC = Dry weight of polyvinyl chloride in reactor from
recipe, kg (lb)
DPVC = Typical density of polyvinyl chloride, 1,400 kg/m\3\
(87.4 lb/ft\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:
[GRAPHIC] [TIFF OMITTED] TR17OC00.480
Where:
CBX = Vinyl chloride emissions, g/kg (lb/lb) product.
PPMVC = Concentration of vinyl chloride in resin after
stripping, ppmw
K1 = Conversion factor from ppmw to units of emission
standard, 0.001 (metric units) = 0.002 (English units)
PPVC = Partial pressure of vinyl chloride determined
according to paragraph (g)(6)(ii)(B) of this section, mm Hg
(psia)
VRVS = Reactor vapor space volume determined according to
paragraph (g)(6)(ii)(C) of this section, m\3\ (ft\3\)
[[Page 67]]
RVC = Ideal gas constant for vinyl chloride, 1,002 g-[deg]K/
(mm Hg-m\3\) [5.825 lb-[deg]R/(psia-ft\3\)]
MPVC = Dry weight of polyvinyl chloride in reactor from
recipe, kg (lb)
TR = Reactor temperature, [deg]C ([deg]F)
KT = Temperature conversion factor for [deg]C to [deg]K, 273
([deg]F to [deg]R, 460)
(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 D2267-68, 78, or 88 or D4420-94 (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; 65 FR 62152, Oct. 17, 2000]
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 Sec. Sec. 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:
(1) A calibration gas mixture prepared from the gases specified in
Sections 7.2.1 and 7.2.2 of Method 106 and in accordance with Section
10.1 of Method 106, or
[[Page 68]]
(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 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 Sections 8.1 and 9.2 of Method 106. The
requirements in Sections 7.2.3.1 and 7.2.3.2 of 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; 65 FR 62155, Oct. 17, 2000]
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 piece of equipment and each procedure is being used.
[[Page 69]]
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 Method 107 as prescribed in Sec. 61.67(g)(3).
(iv) [Reserved]
(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
[[Page 70]]
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:
[GRAPHIC] [TIFF OMITTED] TR17OC00.481
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 (ton).
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 (ton).
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 Method 107 as prescribed in Sec. 61.67(g)(3).
(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
[[Page 71]]
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:
[GRAPHIC] [TIFF OMITTED] TR17OC00.482
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 (lb/ton) product (dry weight
basis).
QT = Total production of resin in batches for which stripping
is completed during the 24-hour period, in kg (ton).
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
(lb/ton) 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 (ton).
Gi = Grade of resin: e.g., G1, G2,
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 as 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; 65 FR 62155, Oct. 17, 2000]
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.
(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]
[[Page 72]]
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) Radionuclides emission rates from existing point sources (stacks
or vents) shall be measured in accordance with the following
requirements or with the requirements of paragraph (c) of this section,
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 of this chapter
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 of this chapter
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 to part 60 of this chapter
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
[[Page 73]]
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.
(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
[[Page 74]]
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) Radionuclide emission rates from new point sources (stacks or
vents) as defined in subpart A 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) ANSI/HPS N13.1-1999 ``Sampling and Monitoring Releases of
Airborne Radioactive Substances from the Stacks and Ducts of Nuclear
Facilities' (incorporated by reference--see Sec. 61.18) shall be used
to determine velocity and volumetric flow rates for stacks and large
vents.
(ii) ANSI/HPS N13.1-1999 shall be used to measure flow rates through
pipes and small vents.
(iii) The frequency of the flow rate measurements shall depend upon
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) Radionuclide shall be directly monitored or extracted, collected
and measured using the following methods:
(i) ANSI/HPS N13.1-1999 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 ANSI/HPS N13.1-1999. 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 of this part. Use of methods based on principles of measurement
different from those described in appendix B, Method 114 of this part
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 ANSI/HPS N13.1-1999.
(d) When it is impractical to measure the effluent flow rate at a
source in accordance with the requirements of paragraph (b)(1) or (c) of
this section or to monitor or sample an effluent stream at a source in
accordance with the site selection and sample extraction requirements of
paragraph (b)(2) or (c) 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:
(1) It can be shown that the requirements of paragraph (b)(1) or (2)
or (c) of this section are impractical for the effluent stream.
(2) The alternative procedure will not significantly underestimate
the emissions.
(3) The alternative procedure is fully documented.
(4) The owner or operator has received prior approval from EPA.
(e) Radionuclide emission measurements in conformance with the
requirements of paragraph (b) or (c) of this section shall be made at
all release
[[Page 75]]
points that have a potential to discharge radionuclides into the air in
quantities that could cause an effective dose equivalent in excess of 1%
of the standard. All radionuclides that 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 that have a
potential to release radionuclides into the air, periodic confirmatory
measurements shall be made to verify the low emissions.
(f) To determine whether a release point is subject to the emission
measurement requirements of paragraph (b) or (c) 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.
(g) 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:
(1) The air at the point of measurement shall be continuously
sampled for collection of radionuclides.
(2) Those radionuclides released from the facility that are the
major contributors to the effective dose equivalent must be collected
and measured as part of the environmental measurement program.
(3) Radionuclide concentrations that would cause an effective dose
equivalent of 10% of the standard shall be readily detectable and
distinguishable from background.
(4) Net measured radionuclide concentrations shall be compared to
the concentration levels in Table 2 appendix E of this part 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 of appendix E of this part, and the sum of the fractions that
result when each measured concentration value is divided by the value in
Table 2 of appendix E of this part for each radionuclide is less than 1.
(5) A quality assurance program shall be conducted that meets the
performance requirements described in appendix B, Method 114 of this
part.
(6) 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.
[54 FR 51695, Dec. 15, 1989, as amended at 65 FR 62156, Oct. 17, 2000;
67 FR 57166, Sept. 9, 2002]
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,
[[Page 76]]
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 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
[[Page 77]]
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
Federal Facilities Other Than Nuclear Regulatory Commission Licensees
and Not Covered by Subpart H
Source: 54 FR 51697, Dec. 15, 1989, unless otherwise noted.
Sec. 61.100 Applicability.
The provisions of this subpart apply to facilities owned or operated
by any Federal agency other than the Department of Energy and not
licensed by the Nuclear Regulatory Commission, 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 been
disposed of under 40 CFR part 192, or to low energy accelerators.
[61 FR 68981, Dec. 30, 1996]
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) 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.
(b) Facility means all buildings, structures and operations on one
contiguous site.
(c) 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.
(d) Radionuclide means a type of atom which spontaneously undergoes
radioactive decay.
[54 FR 51697, Dec. 15, 1989, as amended at 61 FR 68981, Dec. 30, 1996]
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
[[Page 78]]
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 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
[[Page 79]]
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.
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 existing point sources (stacks
or vents) shall be measured in accordance with the following
requirements or within the requirements of paragraph (d) of this
section, 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 of this chapter
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 of this chapter
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 80]]
(2) Radionuclides shall be directly monitored or extracted,
collected, and measured using the following methods:
(i) Reference Method 1 of appendix A part 60 of this chapter 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 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%
[[Page 81]]
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:
(1) [Reserved]
(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.
(d) Radionuclide emission rates from new point sources (stacks or
vents) as defined in subpart A 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) ANSI/HPS N13.1-1999 ``Sampling and Monitoring Releases of
Airborne Radioactive Substances from the Stacks and Ducts of Nuclear
Facilities'' (incorporated by reference--see Sec. 61.18) shall be used
to determine velocity and volumetric flow rates for stacks and large
vents.
(ii) ANSI/HPS N13.1-1999 shall be used to measure flow rates through
pipes and small vents.
(iii) The frequency of the flow rate measurements shall depend upon
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) Radionuclide shall be directly monitored or extracted, collected
and measured using the following methods:
(i) ANSI/HPS N13.1-1999 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 ANSI/HPS N13.1-1999. 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 of this part. Use of methods based on principles of measurement
different from those described in appendix B, Method 114 of this part
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 ANSI/HPS N13.1-1999.
(e) When it is impractical to measure the effluent flow rate at a
source in accordance with the requirements of paragraph (b)(1) or (d) of
this section or to monitor or sample an effluent stream at a source in
accordance with
[[Page 82]]
the site selection and sample extraction requirements of paragraph
(b)(2) or (d) 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:
(1) It can be shown that the requirements of paragraph (b)(1) or (2)
or (d) of this section are impractical for the effluent stream.
(2) The alternative procedure will not significantly underestimate
the emissions.
(3) The alternative procedure is fully documented.
(4) The owner or operator has received prior approval from EPA.
(f) Radionuclide emission measurements in conformance with the
requirements of paragraph (b) or (d) of this section shall be made at
all release points that have a potential to discharge radionuclides into
the air in quantities that could cause an effective dose equivalent in
excess of 1% of the standard. All radionuclides that 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 that have a potential to release radionuclides into the
air, periodic confirmatory measurements shall be made to verify the low
emissions.
(g) To determine whether a release point is subject to the emission
measurement requirements of paragraph (b) or (d) 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.
(h) 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:
(1) The air at the point of measurement shall be continuously
sampled for collection of radionuclides.
(2) Those radionuclides released from the facility that are the
major contributors to the effective dose equivalent must be collected
and measured as part of the environmental measurement program.
(3) Radionuclide concentrations that would cause an effective dose
equivalent of 10% of the standard shall be readily detectable and
distinguishable from background.
(4) Net measured radionuclide concentrations shall be compared to
the concentration levels in Table 2 of appendix E of this part 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 of appendix E of this part, and the sum
of the fractions that result when each measured concentration value is
divided by the value in Table 2 of appendix E of this part for each
radionuclide is less than 1.
(5) A quality assurance program shall be conducted that meets the
performance requirements described in appendix B, Method 114 of this
part.
(6) 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.
[54 FR 51697, Dec. 15, 1989, as amended at 61 FR 46212, Sept. 5, 1995;
61 FR 68981, Dec. 30, 1996; 65 FR 62156, Oct. 17, 2000; 67 FR 57167,
Sept. 9, 2002]
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.
[[Page 83]]
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 connection systems, open-
ended valves or lines, valves, connectors, surge control vessels,
bottoms receivers, 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 (1,102 tons) 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.
[49 FR 23513, June 6, 1984, as amended at 65 FR 62156, Oct. 17, 2000; 65
FR 78280, Dec. 14, 2000]
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 Sec. Sec. 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.
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.
[[Page 84]]
(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 [supreg] 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
Mg or curies per 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 Mg or curies per ton
of phosphate rock processed by the annual phosphate rock processing rate
in Mg (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 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.
[[Page 85]]
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.''
[54 FR 51699, Dec. 15, 1989, as amended at 65 FR 62156, Oct. 17, 2000]
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) Method 1 of appendix A to 40 CFR part 60 shall be used to
determine sample and velocity traverses;
(2) Method 2 of appendix A to 40 CFR part 60 shall be used to
determine velocity and volumetric flow rate;
(3) Method 3 of appendix A to 40 CFR part 60 shall be used for gas
analysis;
(4) Method 5 of appendix A to 40 CFR part 60 shall be used to
collect particulate matter containing the polonium-210; and
(5) Method 111 of appendix B to 40 CFR part 61 shall be used to
determine the polonium-210 emissions.
[54 FR 51699, Dec. 15, 1989, as amended at 65 FR 62156, Oct. 17, 2000]
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 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
[[Page 86]]
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 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
[[Page 87]]
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, 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
[[Page 88]]
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 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 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.
(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
[[Page 89]]
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.
[54 FR 38073, Sept. 14, 1989, as amended at 65 FR 62157, Oct. 17, 2000]
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 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 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.
[54 FR 38073, Sept. 14, 1989, as amended at 65 FR 62157, Oct. 17, 2000]
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 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:
[[Page 90]]
(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 Sec. Sec. 61.132
through 61.135 for each new and existing source, except as provided
under Sec. Sec. 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
Sec. Sec. 61.132, 61.133, and 61.135 of this subpart and Sec. Sec.
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
Sec. Sec. 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.
[[Page 91]]
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 Sec. Sec. 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 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,
[[Page 92]]
(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
Sec. Sec. 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 Sec. Sec. 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 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
[[Page 93]]
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) [standard cubic feet/
minute (scf/min)].
Qbi = volumetric flow rate in vents before the control
device, scm/min (scf/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.
(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.
[[Page 94]]
(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:
(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.
[[Page 95]]
(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 the
integrated bag sampling and analysis procedure or the direct interface
procedure may be used. 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. The analyst shall have available for review information
confirming that there is adequate resolution of the benzene peak.
(A) If the integrated bag sampling and analysis procedure is used,
the sample rate shall be adjusted to maintain a constant proportion to
vent flow rate.
(B) If the direct interface sampling and analysis procedure 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
[[Page 96]]
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 Sec. Sec. 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 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
[[Page 97]]
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) For each carbon absorber, a plan for the method for handling
captured benzene and removed carbon to comply with paragraphs (b)(1) and
(2) of this section.
(iii) The dates and descriptions of any changes in the design
specifications or plan.
(iv) 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:
(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.
[[Page 98]]
(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 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 paragraph (f)(2) of this section
in the first semiannual report. Any time the owner or operator changes
that choice, he shall specify the change in the first semiannual report
following the change.
[56 FR 47407, Sept. 19, 1991, as amended at 64 FR 7467, Feb. 12, 1999;
65 FR 62157, Oct. 17, 2000]
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 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.
[[Page 99]]
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);
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
[[Page 100]]
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 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
[[Page 101]]
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 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.
[[Page 102]]
(5) Retain a copy of all monitoring and inspection records for at
least 2 years.
(6) Submit semiannually a copy of visible emission monitoring
records to the Administrator if visible emissions occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
[GRAPHIC] [TIFF OMITTED] TC01MY92.000
[[Page 103]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.001
[55 FR 48416, Nov. 20, 1990, as amended at 64 FR 7467, Feb. 12, 1999]
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
[[Page 104]]
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.
(7) Retain a copy of all monitoring and inspection records for at
least 2 years.
(8) Submit semiannually a copy of the visible emission monitoring
records to the Administrator if visible emission occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
[49 FR 13661, Apr. 5, 1984, as amended at 55 FR 48419, Nov. 20, 1990; 56
FR 1669, Jan. 16, 1991; 64 FR 7467, Feb. 12, 1999]
[[Page 105]]
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 Sec. Sec. 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.
(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
[[Page 106]]
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 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
[[Page 107]]
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 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:
[[Page 108]]
(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 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
[[Page 109]]
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 110]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.002
[[Page 111]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.003
[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]
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,
[[Page 112]]
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 Sec. Sec. 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.
(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.
[[Page 113]]
(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 semiannually a copy of the visible emission monitoring
records to the Administrator if visible emission occurred during the
report period. Semiannual reports shall be postmarked by the 30th day
following the end of the six-month period.
[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424,
Nov. 20, 1991; 64 FR 7467, Feb. 12, 1999]
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.
(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:
[[Page 114]]
(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 115]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.004
[[Page 116]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.005
[[Page 117]]
[GRAPHIC] [TIFF OMITTED] TC01MY92.006
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
Sec. Sec. 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)(4) or 1926.1101(k)(8). 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.
[[Page 118]]
(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 Sec. Sec. 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 Sec. Sec.
61.149(d)(1) (i), (ii), and (iii).
(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
[[Page 119]]
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, as amended at 68
FR 54793, Sept. 18, 2003]
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 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.
[[Page 120]]
(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
(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
Sec. Sec. 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
[[Page 121]]
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 Sec. Sec. 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,
(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 Sec. Sec. 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 Sec. Sec. 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
[[Page 122]]
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-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
[[Page 123]]
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 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:
[[Page 124]]
(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 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
[[Page 125]]
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 Sec. Sec. 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 Sec. Sec. 61.142 through 61.151, 61.154, and 61.155 of this 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,
permissible exposure
level.
29 CFR 1926.1101....... Worker protection measures
for all construction work
involving asbestos,
including demolition and
renovation-work practices,
worker training, bagging
of waste, permissible
exposure level.
MSHA 30 CFR part 56, subpart Specifies exposure 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;
68 FR 54793, Sept. 18, 2003; 69 FR 43324, July 20, 2004]
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:
[[Page 126]]
(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]
Sec. Appendix A to Subpart M of Part 61--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 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
[[Page 127]]
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\2\ or more of such roofing material being crumbled, pulverized,
reduced to powder, or contaminated with RACM (from other ACM that has
been crumbled, pulverized or reduced to powder), the operation is not
subject to the NESHAP, even where the total area of the roofing material
to be removed exceeds 160 ft\2\; provided, however, that if the
renovation includes other operations involving RACM, the roof removal
operation is covered if the total area of RACM from all renovation
activities exceeds 160 ft\2\. See the definition of regulated asbestos-
containing material (RACM), 40 CFR 61.141.
1.A.3. Only roofing material that meets the definition of ACM can
qualify as RACM subject to the NESHAP. Therefore, to determine if a
removal operation that meets or exceeds the coverage threshold is
subject to the NESHAP, any suspect roofing material (i.e. roofing
material that may be ACM) should be tested for asbestos. If any such
roofing material contains more than one percent asbestos and if the
removal operation is covered by the NESHAP, then EPA must be notified
and the work practices in Sec. 61.145(c) must be followed. In EPA's
view, if a removal operation involves at least the threshold level of
suspect material, a roofing contractor may choose not to test for
asbestos if the contractor follows the notification and work practice
requirements of the NESHAP.
B. A/C Shingle Removal (Category II ACM Removal)
1.B.1. A/C shingles, which are Category II nonfriable ACM, become
regulated ACM if the material 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. 40 CFR 61.141. However, merely breaking an A/C shingle (or
any other category II ACM) that is not friable may not necessarily cause
the material to become RACM. A/C shingles are typically nailed to
buildings on which they are attached. EPA believes that the extent of
breakage that will normally result from carefully removing A/C shingles
and lowering the shingles to the ground will not result in crumbling,
pulverizing or reducing the shingles to powder. Conversely, the extent
of breakage that will normally occur if the A/C shingles are dropped
from a building or scraped off of a building with heavy machinery would
cause the shingles to become RACM. EPA therefore construes the NESHAP to
mean that the removal of A/C shingles that are not friable, using
methods that do not crumble, pulverize, or reduce the A/C shingles to
powder (such as pry bars, spud bars and shovels to carefully pry the
material), is not subject to the NESHAP provided that the A/C shingles
are properly handled during and after removal, as discussed in this
paragraph and the asbestos NESHAP. This interpretation also applies to
other Category II nonfriable asbestos-containing roofing materials.
C. Cutting vs. Slicing and Manual Methods for Removal of Category I ACM
1.C.1. Because of damage to the roofing material, and the potential
for fiber release, roof removal operations using rotating blade (RB)
roof cutters or other equipment that sand, grind, cut or abrade the roof
material are subject to the NESHAP. As EPA interprets the NESHAP, the
use of certain manual methods (using equipment such as axes, hatchets,
or knives, spud bars, pry bars, and shovels, but not saws) or methods
that slice, shear, or punch (using equipment such as a power slicer or
power plow) does not constitute ``cutting, sanding, grinding or
abrading.'' This is because these methods do not destroy the structural
matrix or integrity of the material such that the material is crumbled,
pulverized or reduced to powder. Hence, it is EPA's interpretation that
when such methods are used, assuming the roof material is not friable,
the removal operation is not subject to the regulation.
1.C.2. Power removers or power tear-off machines are typically used
to pry the roofing material up from the deck after the roof membrane has
been cut. It is EPA's interpretation that when these machines are used
to pry roofing material up, their use is not regulated by the NESHAP.
1.C.3. As noted previously, the NESHAP only applies to the removal
of asbestos-containing roofing materials. Thus, the NESHAP does not
apply to the use of RB cutters to remove non-asbestos built up roofing
(BUR). On roofs containing some asbestos-containing and some non-
asbestos-containing materials, coverage under the NESHAP depends on the
methods used to remove each type of material in addition to other
coverage thresholds specified above. For example, it is not uncommon for
existing roofs to be made of non-asbestos BUR and base flashings that do
contain asbestos. In that situation, EPA construes the
[[Page 128]]
NESHAP to be inapplicable to the removal of the non-asbestos BUR using
an RB cutter so long as the RB cutter is not used to cut 5580 ft\2\ or
more of the asbestos-containing base flashing or other asbestos-
containing material into sections. In addition, the use of methods that
slice, shear, punch or pry could then be used to remove the asbestos
flashings and not trigger coverage under the NESHAP.
II. Notification
2.1. Notification for a demolition is always required under the
NESHAP. However, EPA believes that few roof removal jobs constitute
``demolitions'' as defined in the NESHAP (Sec. 61.141). In particular,
it is EPA's view that the removal of roofing systems (i.e., the roof
membrane, insulation, surfacing, coatings, flashings, mastic, shingles,
and felt underlayment), when such removal is not a part of a demolition
project, constitutes a ``renovation'' under the NESHAP. If the operation
is a renovation, and Category I roofing material is being removed using
either manual methods or slicing, notification is not required by the
NESHAP. If Category II material is not friable and will be removed
without crumbling, pulverizing, or reducing it to powder, no
notification is required. Also, if the renovation involves less than the
threshold area for applicability as discussed above, then no
notification is required. However, if a roof removal meets the
applicability and threshold requirements under the NESHAP, then EPA (or
the delegated agency) must be notified in advance of the removal in
accordance with the requirements of Sec. 61.145(b), as follows:
Notification must be given in writing at least 10
working days in advance and must include the information in Sec.
61.145(b)(4), except for emergency renovations as discussed below.
The notice must be updated as necessary,
including, for example, when the amount of asbestos-containing roofing
material reported changes by 20 percent or more.
EPA must be notified if the start date of the
roof removal changes. If the start date of a roof removal project is
changed to an earlier date, EPA must be provided with a written notice
of the new start date at least 10 working days in advance. If the start
date changes to a later date, EPA must be notified by telephone as soon
as possible before the original start date and a written notice must be
sent as soon as possible.
For emergency renovations (as defined in Sec.
61.141), where work must begin immediately to avoid safety or public
health hazards, equipment damage, or unreasonable financial burden, the
notification must be postmarked or delivered to EPA as soon as possible,
but no later than the following work day.
III. Emission Control Practices
A. Requirements To Adequately Wet and Discharge No Visible Emission
3.A.1. The principal controls contained in the NESHAP for removal
operations include requirements that the affected material be adequately
wetted, and that asbestos waste be handled, collected, and disposed of
properly. The requirements for disposal of waste materials are discussed
separately in section IV below. The emission control requirements
discussed in this section III apply only to roof removal operations that
are covered by the NESHAP as set forth in Section I above.
3.A.2. For any operation subject to the NESHAP, the regulation
(Sec. Sec. 61.145(c)(2)(i), (3), (6)(i)) requires that RACM be
adequately wet (as defined in Sec. 61.141) during the operation that
damages or disturbs the asbestos material until collected for disposal.
3.A.3. When using an RB roof cutter (or any other method that sands,
grinds, cuts or abrades the roofing material) to remove Category I
asbestos-containing roofing material, the emission control requirements
of Sec. 61.145(c) apply as discussed in Section I above. EPA will
consider a roof removal project to be in compliance with the
``adequately wet'' and ``discharge no visible emission'' requirements of
the NESHAP if the RB roof cutter is equipped and operated with the
following: (1) a blade guard that completely encloses the blade and
extends down close to the roof surface; and (2) a device for spraying a
fine mist of water inside the blade guard, and which device is in
operation during the cutting of the roof.
B. Exemptions From Wetting Requirements
3.B.1. The NESHAP provides that, in certain instances, wetting may
not be required during the cutting of Category I asbestos roofing
material with an RB roof cutter. If EPA determines in accordance with
Sec. 61.145(c)(3)(i), that wetting will unavoidably damage the
building, equipment inside the building, or will present a safety hazard
while stripping the ACM from a facility component that remains in place,
the roof removal operation will be exempted from the requirement to wet
during cutting. EPA must have sufficient written information on which to
base such a decision. Before proceeding with a dry removal, the
contractor must have received EPA's written approval. Such exemptions
will be made on a case-by-case basis.
3.B.2. It is EPA's view that, in most instances, exemptions from the
wetting requirements are not necessary. Where EPA grants an exemption
from wetting because of the potential for damage to the building, damage
to equipment within the building or a safety hazard, the NESHAP
specifies alternative control methods (Sec. 61.145(c)(3)(i)(B)).
[[Page 129]]
Alternative control methods include (a) the use of local exhaust
ventilation systems that capture the dust, and do not produce visible
emissions, or (b) methods that are designed and operated in accordance
with the requirements of Sec. 61.152, or (c) other methods that have
received the written approval of EPA. EPA will consider an alternative
emission control method in compliance with the NESHAP if the method has
received written approval from EPA and the method is being implemented
consistent with the approved procedures (Sec. 61.145(c)(3)(ii) or Sec.
61.152(b)(3)).
3.B.3. An exemption from wetting is also allowed when the air or
roof surface temperature at the point of wetting is below freezing, as
specified in Sec. 61.145(c)(7). If freezing temperatures are indicated
as the reason for not wetting, records must be kept of the temperature
at the beginning, middle and end of the day on which wetting is not
performed and the records of temperature must be retained for at least 2
years. 42 CFR Sec. 61.145(c)(7)(iii). It is EPA's interpretation that
in such cases, no written application to, or written approval by the
Administrator is needed for using emission control methods listed in
Sec. 61.145(c)(3)(i)(B), or alternative emission control methods that
have been previously approved by the Administrator. However, such
written application or approval is required for alternative emission
control methods that have not been previously approved. Any dust and
debris collected from cutting must still be kept wet and placed in
containers. All of the other requirements for notification and waste
disposal would continue to apply as described elsewhere in this notice
and the Asbestos NESHAP.
C. Waste Collection and Handling
3.C.1. It is EPA's interpretation that waste resulting from slicing
and other methods that do not cut, grind, sand or abrade Category I
nonfriable asbestos-containing roofing material is not subject to the
NESHAP and can be disposed of as nonasbestos waste. EPA further
construes the NESHAP to provide that if Category II roofing material
(such as A/C shingles) is removed and disposed of without crumbling,
pulverizing, or reducing it to powder, the waste from the removal is not
subject to the NESHAP waste disposal requirements. EPA also interprets
the NESHAP to be inapplicable to waste resulting from roof removal
operations that do not meet or exceed the coverage thresholds described
in section I above. Of course, other State, local, or Federal
regulations may apply.
3.C.2. It is EPA's interpretation that when an RB roof cutter, or
other method that similarly damages the roofing material, is used to cut
Category I asbestos containing roofing material, the damaged material
from the cut (the sawdust or debris) is considered asbestos containing
waste subject to Sec. 61.150 of the NESHAP, provided the coverage
thresholds discussed above in section 1 are met or exceeded. This
sawdust or debris must be disposed of at a disposal site operated in
accordance with the NESHAP. It is also EPA's interpretation of the
NESHAP that if the remainder of the roof is free of the sawdust and
debris generated by the cutting, or if such sawdust or debris is
collected as discussed below in paragraphs 3.C.3, 3.C.4, 3.C.5 and
3.C.6, the remainder of the roof can be disposed of as nonasbestos waste
because it is considered to be Category I nonfriable material (as long
as the remainder of the roof is in fact nonasbestos material or if it is
Category I asbestos material and the removal methods do not further
sand, grind, cut or abrade the roof material). EPA further believes that
if the roof is not cleaned of such sawdust or debris, i.e., it is
contaminated, then it must be treated as asbestos-containing waste
material and be handled in accordance with Sec. 61.150.
3.C.3. In order to be in compliance with the NESHAP while using an
RB roof cutter (or device that similarly damages the roofing material)
to cut Category I asbestos containing roofing material, the dust and
debris resulting from the cutting of the roof should be collected as
soon as possible after the cutting operation, and kept wet until
collected and placed in leak-tight containers. EPA believes that where
the blade guard completely encloses the blade and extends down close to
the roof surface and is equipped with a device for spraying a fine mist
of water inside the blade guard, and the spraying device is in operation
during the cutting, most of the dust and debris from cutting will be
confined along the cut. The most efficient methods to collect the dust
and debris from cutting are to immediately collect or vacuum up the
damaged material where it lies along the cut using a filtered vacuum
cleaner or debris collector that meets the requirements of 40 CFR 61.152
to clean up as much of the debris as possible, or to gently sweep up the
bulk of the debris, and then use a filtered vacuum cleaner that meets
the requirements of 40 CFR 61.152 to clean up as much of the remainder
of the debris as possible. On smooth surfaced roofs (nonaggregate
roofs), sweeping up the debris and then wet wiping the surface may be
done in place of using a filtered vacuum cleaner. It is EPA's view that
if these decontamination procedures are followed, the remaining roofing
material does not have to be collected and disposed of as asbestos
waste. Additionally, it is EPA's view that where such decontamination
procedures are followed, if the remaining portions of the roof are non-
asbestos or Category I nonfriable asbestos material, and if the
remaining portions are removed using removal methods that slice, shear,
punch or
[[Page 130]]
pry, as discussed in section 1.C above, then the remaining portions do
not have to be collected and disposed of as asbestos waste and the
NESHAP's no visible emissions and adequately wet requirements are not
applicable to the removal of the remaining portions. In EPA's
interpretation, the failure of a filtered vacuum cleaner or debris
collector to collect larger chunks or pieces of damaged roofing material
created by the RB roof cutter does not require the remaining roofing
material to be handled and disposed of as asbestos waste, provided that
such visible chunks or pieces of roofing material are collected (e.g. by
gentle sweeping) and disposed of as asbestos waste. Other methods of
decontamination may not be adequate, and should be approved by the local
delegated agency.
3.C.4. In EPA's interpretation, if the debris from the cutting is
not collected immediately, it will be necessary to lightly mist the dust
or debris, until it is collected, as discussed above, and placed in
containers. The dust or debris should be lightly misted frequently
enough to prevent the material from drying, and to prevent airborne
emissions, prior to collection as described above. It is EPA's
interpretation of the NESHAP that if these procedures are followed, the
remaining roofing material does not have to be collected and disposed of
as asbestos waste, as long as the remaining roof material is in fact
nonasbestos material or if it is Category I asbestos material and the
removal methods do not further sand, grind, cut or abrade the roof
material.
3.C.5. It is EPA's interpretation that, provided the roofing
material is not friable prior to the cutting operation, and provided the
roofing material has not been made friable by the cutting operation, the
appearance of rough, jagged or damaged edges on the remaining roofing
material, due to the use of an RB roof cutter, does not require that
such remaining roofing material be handled and disposed of as asbestos
waste. In addition, it is also EPA's interpretation that if the sawdust
or debris generated by the use of an RB roof cutter has been collected
as discussed in paragraphs 3.C.3, 3.C.4 and 3.C.6, the presence of dust
along the edge of the remaining roof material does not render such
material ``friable'' for purposes of this interpretive rule or the
NESHAP, provided the roofing material is not friable prior to the
cutting operation, and provided that the remaining roofing material near
the cutline has not been made friable by the cutting operation. Where
roofing material near the cutline has been made friable by the use of
the RB cutter (i.e. where such remaining roofing material near the
cutline can be crumbled, pulverized or reduced to powder using hand
pressure), it is EPA's interpretation that the use of an encapsulant
will ensure that such friable material need not be treated or disposed
of as asbestos containing waste material. The encapsulant may be applied
to the friable material after the roofing material has been collected
into stacks for subsequent disposal as nonasbestos waste. It is EPA's
view that if the encapsulation procedure set forth in this paragraph is
followed in operations where roofing material near the cutline has been
rendered friable by the use of an RB roof cutter, and if the
decontamination procedures set forth in paragraph 3.C.3 have been
followed, the NESHAP's no visible emissions and adequately wet
requirements would be met for the removal, handling and disposal of the
remaining roofing material.
3.C.6. As one way to comply with the NESHAP, the dust and debris
from cutting can be placed in leak-tight containers, such as plastic
bags, and the containers labeled using warning labels required by OSHA
(29 CFR 1926.58). In addition, the containers must have labels that
identify the waste generator (such as the name of the roofing
contractor, abatement contractor, and/or building owner or operator) and
the location of the site at which the waste was generated.
IV. Waste Disposal
A. Disposal Requirements
4.A.1. Section 61.150(b) requires that, as soon as is practical, all
collected dust and debris from cutting as well as any contaminated
roofing squares, must be taken to a landfill that is operated in
accordance with Sec. 61.154 or to an EPA-approved site that converts
asbestos waste to nonasbestos material in accordance with Sec. 61.155.
During the loading and unloading of affected waste, asbestos warning
signs must be affixed to the vehicles.
B. Waste Shipment Record
4.B.1. For each load of asbestos waste that is regulated under the
NESHAP, a waste shipment record (WSR) must be maintained in accordance
with Sec. 61.150(d). Information that must be maintained for each waste
load includes the following:
Name, address, and telephone number of the waste
generator
Name and address of the local, State, or EPA
regional office responsible for administering the asbestos NESHAP
program
Quantity of waste in cubic meters (or cubic
yards)
Name and telephone number of the disposal site
operator
Name and physical site location of the disposal
site
Date transported
Name, address, and telephone number of the
transporter(s)
Certification that the contents meet all
government regulations for transport by highways.
[[Page 131]]
4.B.2. The waste generator is responsible for ensuring that a copy
of the WSR is delivered to the disposal site along with the waste
shipment. If a copy of the WSR signed by the disposal site operator is
not returned to the waste generator within 35 days, the waste generator
must contact the transporter and/or the disposal site to determine the
status of the waste shipment. 40 CFR 61.150(d)(3). If the signed WSR is
not received within 45 days, the waste generator must report, in
writing, to the responsible NESHAP program agency and send along a copy
of the WSR. 40 CFR 61.150(d)(4). Copies of WSRs, including those signed
by the disposal site operator, must be retained for at least 2 years. 40
CFR 61.150(d)(5).
V. Training
5.1. For those roof removals that are subject to the NESHAP, at
least one on-site supervisor trained in the provisions of the NESHAP
must be present during the removal of the asbestos roofing material. 40
CFR 61.145(c)(8). In EPA's view, this person can be a job foreman, a
hired consultant, or someone who can represent the building owner or
contractor responsible for the removal. In addition to the initial
training requirement, a refresher training course is required every 2
years. The NESHAP training requirements became effective on November 20,
1991.
5.2. Asbestos training courses developed specifically to address
compliance with the NESHAP in roofing work, as well as courses developed
for other purposes can satisfy this requirement of the NESHAP, as long
as the course covers the areas specified in the regulation. EPA believes
that Asbestos Hazard Emergency Response Act (AHERA) training courses
will, for example, satisfy the NESHAP training requirements. However,
nothing in this interpretive rule or in the NESHAP shall be deemed to
require that roofing contractors or roofing workers performing
operations covered by the NESHAP must be trained or accredited under
AHERA, as amended by the Asbestos School Hazard Abatement
Reauthorization Act (ASHARA). Likewise, state or local authorities may
independently impose additional training, licensing, or accreditation
requirements on roofing contractors performing operations covered by the
NESHAP, but such additional training, licensing or accreditation is not
called for by this interpretive rule or the federal NESHAP.
5.3. For removal of Category I asbestos containing roofing material
where RB roof cutters or equipment that similarly damages the asbestos-
containing roofing material are used, the NESHAP training requirements
(Sec. 61.145(c)(8)) apply as discussed in Section I above. It is EPA's
intention that removal of Category I asbestos-containing roofing
material using hatchets, axes, knives, and/or the use of spud bars, pry
bars and shovels to lift the roofing material, or similar removal
methods that slice, punch, or shear the roof membrane are not subject to
the training requirements, since these methods do not cause the roof
removal to be subject to the NESHAP. Likewise, it is EPA's intention
that roof removal operations involving Category II nonfriable ACM are
not subject to the training requirements where such operations are not
subject to the NESHAP as discussed in section I above.
[59 FR 31158, June 17, 1994, as amended at 60 FR 31920, June 19, 1995]
Subpart N_National Emission Standard for Inorganic Arsenic Emissions
From Glass Manufacturing Plants
Source: 51 FR 28025, Aug. 4, 1986, unless otherwise noted.
Sec. 61.160 Applicability and designation of source.
(a) The source to which this subpart applies is each glass melting
furnace that uses commercial arsenic as a raw material. This subpart
does not apply to pot furnaces.
(b) Rebricking is not considered construction or modification for
the purposes of Sec. 61.05(a).
Sec. 61.161 Definitions.
The terms used in this subpart are defined in the Clean Air Act, in
Sec. 61.02, or in this section as follows:
Arsenic-containing glass type means any glass that is distinguished
from other glass solely by the weight percent of arsenic added as a raw
material and by the weight percent of arsenic in the glass produced. Any
two or more glasses that have the same weight percent of arsenic in the
raw materials as well as in the glass produced shall be considered to
belong to one arsenic-containing glass type, without regard to the
recipe used or any other characteristics of the glass or the method of
production.
By-pass the control device means to operate the glass melting
furnace without operating the control device to which that furnace's
emissions are directed routinely.
Commercial arsenic means any form of arsenic that is produced by
extraction
[[Page 132]]
from any arsenic-containing substance and is intended for sale or for
intentional use in a manufacturing process. Arsenic that is a naturally
occurring trace constituent of another substance is not considered
``commercial arsenic.''
Cullet means waste glass recycled to a glass melting furnace.
Glass melting furnace means a unit comprising a refractory vessel in
which raw materials are charged, melted at high temperature, refined,
and conditioned to produce molten glass. The unit includes foundations,
superstructure and retaining walls, raw material charger systems, heat
exchangers, melter cooling system, exhaust system, refractory brick
work, fuel supply and electrical boosting equipment, integral control
systems and instrumentation, and appendages for conditioning and
distributing molten glass to forming apparatuses. The forming
apparatuses, including the float bath used in flat glass manufacturing,
are not considered part of the glass melting furnace.
Glass produced means the glass pulled from the glass melting
furnace.
Inorganic arsenic means the oxides and other noncarbon compounds of
the element arsenic included in particulate matter, vapors, and
aerosols.
Malfunction means any sudden 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 arsenic are increased.
Pot furnace means a glass melting furnace that contains one or more
refractory vessels in which glass is melted by indirect heating. The
openings of the vessels are in the outside wall of the furnace and are
covered with refractory stoppers during melting.
Rebricking means cold replacement of damaged or worn refractory
parts of the glass melting furnace. Rebricking includes replacement of
the refractories comprising the bottom, sidewalls, or roof of the
melting vessel; replacement of refractory work in the heat exchanger;
and replacement of refractory portions of the glass conditioning and
distribution system.
Shutdown means the cessation of operation of an affected source for
any purpose.
Theoretical arsenic emissions factor means the amount of inorganic
arsenic, expressed in grams per kilogram of glass produced, as
determined based on a material balance.
Uncontrolled total arsenic emissions means the total inorganic
arsenic in the glass melting furnace exhaust gas preceding any add-on
emission control device.
[51 FR 28025, Aug. 4, 1986; 51 FR 35355, Oct. 3, 1986]
Sec. 61.162 Emission limits.
(a) The owner or operator of an existing glass melting furnace
subject to the provisions of this subpart shall comply with either
paragraph (a)(1) or (a)(2) of this section; except as provided in
paragraph (c) of this section.
(1) Uncontrolled total arsenic emissions from the glass melting
furnace shall be less than 2.5 Mg (2.7 ton) per year, or
(2) Total arsenic emissions from the glass melting furnace shall be
conveyed to a control device and reduced by at least 85 percent.
(b) The owner or operator of a new or modified glass melting furnace
subject to the provisions of this subpart shall comply with either
paragraph (b)(1) or (b)(2) of this section, except as provided in
paragraph (c) of this section.
(1) Uncontrolled total arsenic emissions from the glass melting
furnace shall be less than 0.4 Mg (0.44 ton) per year, or
(2) Total arsenic emissions from the glass melting furnace shall be
conveyed to a control device and reduced by at least 85 percent.
(c) An owner or operator of a source subject to the requirements of
this section may, after approval by the Administrator, bypass the
control device to which arsenic emissions from the furnace are directed
for a limited period of time for designated purposes such as maintenance
of the control device, as specified in Sec. 61.165(e).
(d) At all times, including periods of startup, shutdown, and
malfunction, the owner or operator of a glass melting furnace subject to
the provisions of this subpart shall operate and maintain the furnace
and associated air pollution control equipment in a manner
[[Page 133]]
consistent with good air pollution control practice for minimizing
emissions of inorganic arsenic to the atmosphere to the maximum extent
practicable. 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,
inspection of the source, and review of other records.
[51 FR 28025, Aug. 4, 1986, as amended at 65 FR 62157, Oct. 17, 2000]
Sec. 61.163 Emission monitoring.
(a) An owner or operator of a glass melting furnace subject to the
emission limit in Sec. 61.162(a)(2) or Sec. 61.162(b)(2) shall:
(1) Install, calibrate, maintain, and operate a continuous
monitoring system for the measurement of the opacity of emissions
discharged into the atmosphere from the control device; and
(2) Install, calibrate, maintain, and operate a monitoring device
for the continuous measurement of the temperature of the gas entering
the control device.
(b) All continuous monitoring systems and monitoring devices shall
be installed and operational prior to performance of an emission test
required by Sec. 61.164(a). Verification of operational status shall,
at a minimum, consist of an evaluation of the monitoring system in
accordance with the requirements and procedures contained in Performance
Specification 1 of appendix B of 40 CFR part 60.
(c) During the emission test required in Sec. 61.164(a) each owner
or operator subject to paragraph (a) of this section shall:
(1) Conduct continuous opacity monitoring from the beginning of the
first test run until the completion of the third test run. Process and
control equipment shall be operated in a manner that will minimize
opacity of emissions, subject to the Administrator's approval.
(2) Calculate 6-minute opacity averages from 24 or more data points
equally spaced over each 6-minute period during the test runs.
(3) Determine, based on the 6-minute opacity averages, the opacity
value corresponding to the 99 percent upper confidence level of a normal
or log-normal (whichever the owner or operator determines is more
representative) distribution of the average opacity values.
(4) Conduct continuous monitoring of the temperature of the gas
entering the control device from the beginning of the first test run
until completion of the third test run.
(5) Calculate 15-minute averages of the temperature of the gas
entering the control device during each test run.
(d) An owner or operator may redetermine the values described in
paragraph (c) of this section during any emission test that demonstrates
compliance with the emission limits in Sec. 61.162(a)(2) or Sec.
61.162(b)(2).
(e) The requirements of Sec. 60.13(d) and Sec. 60.13(f) shall
apply to an owner or operator subject to paragraph (a) of this section.
(f) Except for system breakdowns, repairs, calibration checks, and
zero and span adjustments required under Sec. 60.13(d), all continuous
monitoring systems shall be in continuous operation and shall meet
minimum frequency of operation requirements by completing a minimum of
one cycle of sampling and analyzing for each successive 10-second period
and one cycle of data recording for each successive 6-minute period.
(g) An owner or operator subject to paragraph (a) of this section
shall:
(1) Reduce all opacity data to 6-minute averages. Six-minute
averages shall be calculated from 24 or more data points equally spaced
over each 6-minute period. Data recorded during periods of monitoring
system breakdowns, repairs, calibration checks, and zero and span
adjustments shall not be included in the data averages calculated under
this paragraph, and
(2) Calculate 15-minute averages of the temperature of the gas
entering the control device for each 15-minute operating period.
(h) After receipt and consideration of written application, the
Administrator may approve alternative monitoring systems for the
measurement of one or more process or operating parameters that is or
are demonstrated to enable
[[Page 134]]
accurate and representative monitoring of a properly operating control
device. Upon approval of an alternative monitoring system for an
affected source, the Administrator will specify requirements to replace
the requirements of paragraphs (a)-(g) of this section for that system.
[51 FR 28025, Aug. 4, 1986, as amended at 64 FR 7467, Feb. 12, 1999]
Sec. 61.164 Test methods and procedures.
(a) To demonstrate compliance with Sec. 61.162, the owner or
operator shall conduct emission tests, reduce test data, and follow the
procedures specified in this section unless the Administrator:
(1) Specifies or approves, in specific cases, the use of a reference
method with minor changes in methodology;
(2) Approves the use of an equivalent method;
(3) Approves the use of an alternative method the results of which
he has determined to be adequate for indicating whether a specific
source is in compliance; or
(4) Waives the requirement for emission tests as provided under
Sec. 61.13.
(b) Unless a waiver of emission testing is obtained, the owner or
operator shall conduct emission tests required by this section:
(1) No later than 90 days after the effective date of this subpart
for a source that has an initial startup date preceding the effective
date; or
(2) No later than 90 days after startup for a source that has an
initial startup date after the effective date.
(3) At such other times as may be required by the Administrator
under section 114 of the Act.
(4) While the source is operating under such conditions as the
Administrator may specify, based on representative performance of the
source.
(c) To demonstrate compliance with Sec. 61.162(a)(1) when less than
8.0 Mg (8.8 ton) per year of elemental arsenic is added to any existing
glass melting furnace, or to demonstrate compliance with Sec.
61.162(b)(1) when less than 1.0 Mg (1.1 ton) per year of elemental
arsenic is added to any new or modified glass melting furnace, an owner
or operator shall:
(1) Derive a theoretical uncontrolled arsenic emission factor (T),
based on material balance calculations for each arsenic-containing glass
type (i) produced during the 12-month period, as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.483
Where:
Ti = The theoretical uncontrolled arsenic emission factor for
each glass type (i), g/kg (lb/ton).
Abi = Fraction by weight of elemental arsenic in the fresh
batch for each glass type (I).
Wbi = Weight of fresh batch melted per unit weight of glass
produced for each glass type (i), g/kg (lb/ton).
Aci = Fraction by weight of elemental arsenic in cullet for
each glass type (i).
Wci = Weight of cullet melted per unit weight of glass
produced for each glass type (i), g/kg (lb/ton).
Bgi = Weight of elemental arsenic per unit weight of glass
produced for each glass type (i), g/kg (lb/ton).
(2) Estimate theoretical uncontrolled arsenic emissions for the 12-
month period for each arsenic-containing glass type as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.484
Where:
Yi = Theoretical uncontrolled arsenic emission estimate for
the 12-month period for each glass type, Mg/year (ton/year).
[[Page 135]]
Ti = Theoretical uncontrolled arsenic emission factor for
each type of glass (i) produced during the 12-month period as
calculated in paragraph (c)(1) of this section, g/kg (lb/ton).
Gi = Quantity of each arsenic-containing glass type (i)
produced during the 12-month period, kg/yr (ton/yr).
K = conversion factor for unit consistency, 10\6\ g/Mg (2,000 lb/ton).
(3) Estimate the total theoretical uncontrolled arsenic emissions
for the 12-month period by finding the sum of the values calculated for
Yi in paragraph (c)(2) of this section.
(4) If the value determined in paragraph (c)(3) of this section is
equal to or greater than the applicable limit in Sec. 61.162(a)(1) or
(b)(1), conduct the emission testing and calculations described in
paragraphs (d)(1) through (d)(5) of this section. If the value is less
than the applicable limit, the source is in compliance and no emission
testing or additional calculations are required.
(d) To demonstrate compliance with Sec. 61.162(a)(1) when 8.0 Mg
(8.8 ton) per year or more of elemental arsenic are added to any
existing glass melting furnace, or to demonstrate compliance with Sec.
61.162(b)(1) when 1.0 Mg (1.1 ton) per year or more of elemental arsenic
is added to any new or modified glass melting furnace, an owner or
operator shall:
(1) Estimate the theoretical uncontrolled arsenic emissions for each
glass type for the 12-month period by performing the calculations
described in paragraphs (c)(1) and (c)(2) of this section.
(2) Conduct emission testing to determine the actual uncontrolled
arsenic emission rate during production of the arsenic-containing glass
type with the highest theoretical uncontrolled arsenic emissions as
calculated under paragraph (d)(1) of this section. The owner or operator
shall use the following test methods and procedures:
(i) Use Method 108 in appendix B to this part or Method 29 in
appendix A to part 60 for determining the arsenic emission rate, g/hr
(lb/hr). The emission rate shall equal the arithmetic mean of the
results of three 60-minute test runs.
(ii) Use the following methods in appendix A to 40 CFR part 60:
(A) Method 1 for sample and velocity traverse.
(B) Method 2 for velocity and volumetric flowrate.
(C) Method 3 for gas analysis.
(D) For sources equipped with positive pressure fabric filters, use
Section 8.0 of Method 5D to determine a suitable sampling location and
procedure.
(3) Determine the actual uncontrolled arsenic emission factor
(Ra) as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.485
Where:
Ra = Actual uncontrolled arsenic emission factor, g/kg (lb/
ton).
Ea = Actual uncontrolled arsenic emission rate from paragraph
(d)(2) of this section, g/hr (lb/hr).
P = Rate of glass production, kg/hr (ton/hr), determined by dividing the
weight of glass pulled from the furnace during the emission
test by the number of hours taken to perform the test under
paragraph (d)(2) of this section.
(4) Calculate a correction factor to relate the theoretical and the
actual uncontrolled arsenic emission factors as follows:
F = Ra / Ti
Where:
F = the correction factor.
Ra = Actual uncontrolled arsenic emission factor, determined
in paragraph (d)(3) of this section, g/kg (lb/ton).
Ti = Theoretical uncontrolled arsenic emission factor, g/kg
(lb/ton), determined in paragraph (c)(1) of this section for
the same glass type for which Ra was determined.
(5) Determine the uncontrolled arsenic emission rate for the 12-
month period, as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.486
Where:
U = Uncontrolled arsenic emission rate for the 12-month period, Mg/yr
(ton/yr).
Ti = Theoretical uncontrolled arsenic emission factor for
each type of glass (i) produced during the 12-month period as
calculated in paragraph (c)(1) of this section, g/kg (lb/ton).
F = The correction factor calculated in paragraph (d)(4) of this
section.
[[Page 136]]
Gi = Quantity of each arsenic-containing glass type (i)
produced during the 12-month period, kg/yr (ton/yr).
n = Number of arsenic-containing glass types produced during the 12-
month period.
K = Conversion factor for unit consistency, 10\6\ g/Mg (2,000 lb/ton).
(6) If the value determined in paragraph (d)(5) of this section is
less than the applicable limit in Sec. 61.162(a)(1) or (b)(1), the
source is in compliance.
(e) To demonstrate compliance with Sec. 61.162(a)(2) or (b)(2), an
owner or operator shall:
(1) Conduct emission testing to determine the percent reduction of
inorganic arsenic emissions being achieved by the control device, using
the following test methods and procedures:
(i) Use Method 108 in appendix B to this part or Method 29 in
appendix A to part 60 to determine the concentration of arsenic in the
gas streams entering and exiting the control device. Conduct three 60-
minute test runs, each consisting of simultaneous testing of the inlet
and outlet gas streams. The gas streams shall contain all the gas
exhausted from the glass melting furnace.
(ii) Use the following methods in appendix A to 40 CFR part 60:
(A) Method 1 for sample and velocity traverses.
(B) Method 2 for velocity and volumetric flowrate.
(C) Method 3 for gas analysis.
(D) For sources equipped with positive pressure fabric filters, use
Section 8.0 of Method 5D to determine a suitable sampling location and
procedure.
(2) Calculate the percent emission reduction for each run as
follows:
[GRAPHIC] [TIFF OMITTED] TR27FE14.024
Where:
D = the percent emission reduction.
Cb = the arsenic concentration of the stack gas entering the
control device, as measured by Method 108 or Method 29.
Ca = the arsenic concentration of the stack gas exiting the
control device, as measured by Method 108 or Method 29.
(3) Determine the average percent reduction of arsenic by
calculating the arithmetic mean of the results for the three runs. If it
is at least 85 percent, the source is in compliance.
[51 FR 28025, Aug. 4, 1986; 51 FR 35355, Oct. 3, 1986, as amended at 55
FR 22027, May 31, 1990; 65 FR 62157, Oct. 17, 2000; 79 FR 11275, Feb.
27, 2014]
Sec. 61.165 Reporting and recordkeeping requirements.
(a) Each owner or operator of a source subject to the requirements
of Sec. 61.162 shall maintain at the source for a period of at least 2
years and make available to the Administrator upon request a file of the
following records:
(1) All measurements, including continuous monitoring for
measurement of opacity, and temperature of gas entering a control
device;
(2) Records of emission test data and all calculations used to
produce the required reports of emission estimates to demonstrate
compliance with Sec. 61.162;
(3) All continous monitoring system performance evaluations,
including calibration checks and adjustments;
(4) The occurrence and duration of all startups, shutdowns, and
malfunctions of the furnace;
(5) All malfunctions of the air pollution control system;
(6) All periods during which any continuous monitoring system or
monitoring device is inoperative;
(7) All maintenance and repairs for each air pollution control
system, continuous monitoring system, or monitoring device;
(b) Each owner or operator who is given approval by the
Administrator to bypass a control device under paragraph (e) of this
section shall maintain at the source for a period of at least 2 years
and make available to the Administrator upon request a file of the
following records:
(1) The dates the control device is bypassed; and
[[Page 137]]
(2) Steps taken to minimize arsenic emissions during the period the
control device was bypassed.
(c) Each owner or operator of a source subject to the emission limit
in Sec. 61.162(a)(1) or (b)(1) shall determine and record at the end of
every 6 months the uncontrolled arsenic emission rate for the preceding
and forthcoming 12-month periods. The determinations shall:
(1) Be made by following the procedures in Sec. 61.164(c)(1),
(c)(2), and (c)(3); or in Sec. 61.164(d)(5), whichever is applicable;
and
(2) Take into account changes in production rates, types of glass
produced, and other factors that would affect the uncontrolled arsenic
emission rate.
(d) Each owner or operator of a source subject to the provisions of
this subpart shall:
(1) Provide the Administrator 30 days prior notice of any emission
test required in Sec. 61.164 to afford the Administrator the
opportunity to have an observer present; and
(2) Submit to the Administrator a written report of the results of
the emission test and associated calculations required in Sec.
61.164(d) or (e), as applicable, within 60 days after conducting the
test.
(3) Submit to the Administrator a written report of the arsenic
emission estimates calculated under Sec. 61.164(c):
(i) Within 45 days after the effective date of this subpart for a
source that has an initial startup date preceding the effective date; or
(ii) Within 45 days after startup for a source that has an initial
startup date after the effective date.
(4) Submit to the Adminstrator a written report of the uncontrolled
arsenic emission rates determined in accordance with paragraph (c) of
this section, if:
(i) The emission rate for the preceding 12-month period (or
preceding 6-month period for the first 6-month determination) exceeded
the applicable limit in Sec. 61.162(a)(1) or (b)(1).
(ii) The emission rate for the forthcoming 12-month period will
exceed the applicable limit in Sec. 61.162(a)(1) or (b)(1). In this
case, the owner or operator shall also notify the Administrator of the
anticipated date of the emission test to demonstrate compliance with the
applicable limit in Sec. 61.162(a)(2) or (b)(2).
(5) Ensure that the reports required in paragraph (d)(4) of this
section are postmarked by the tenth day following the end of the 6-month
reporting period.
(e) To obtain approval to bypass a control device, as provided in
Sec. 61.162(c), an owner or operator of a source subject to this
subpart may make written application to the Administrator. Each
application for such a waiver shall be submitted to the Administrator no
later than 60 days before the bypass period would begin and shall
include:
(1) Name and address of the owner or operator;
(2) Location of the source;
(3) A brief description of the nature, size, design, and method of
operation of the source;
(4) The reason it is necessary to by-pass the control device;
(5) The length of time it will be necessary to by-pass the control
device;
(6) Steps that will be taken to minimize arsenic emissions during
the period the control device will be by-passed.
(7) The quantity of emissions that would be released while the
control device is by-passed if no steps were taken to minimize
emissions;
(8) The expected reduction in emissions during the by-pass period
due to the steps taken to minimize emissions during this period; and
(9) The type of glass to be produced during the bypass period, and,
if applicable, an explanation of why non-arsenic or lower-arsenic-
containing glass cannot be melted in the furnace during the bypass
period.
(f) Each owner or operator required to install and operate a
continuous opacity monitoring system under Sec. 61.163 shall:
(1) Submit a written report to the Administrator of the results of
the continuous monitoring system evaluation required under Sec.
61.163(b) within 60 days after conducting the evaluation.
(2) Submit a written report to the Administrator every 6 months if
excess opacity occurred during the preceding 6-month period. For
purposes of this paragraph, an occurrence of excess
[[Page 138]]
opacity is any 6-minute period during which the average opacity, as
measured by the continuous monitoring system, exceeds the opacity level
determined under Sec. 61.163(c)(3) or the opacity level redetermined
under Sec. 61.163(d).
(3) Ensure that any semiannual report of excess opacity required by
paragraph (f)(2) of this section is postmarked by the thirtieth day
following the end of the 6-month period and includes the following
information:
(i) The magnitude of excess opacity, any conversion factor(s) used,
and the date and time of commencement and completion of each occurrence
of excess opacity.
(ii) Specific identification of each occurrence of excess opacity
that occurs during startups, shutdowns, and malfunctions of the source.
(iii) The date and time identifying each period during which the
continuous monitoring system was inoperative, except for zero and span
checks, and the nature of the system repairs or adjustments.
[51 FR 28025, Aug. 4, 1986, as amended at 65 FR 62158, Oct. 17, 2000]
Subpart O_National Emission Standard for Inorganic Arsenic Emissions
From Primary Copper Smelters
Source: 51 FR 28029, Aug. 4, 1986, unless otherwise noted.
Sec. 61.170 Applicability and designation of source.
The provisions of this subpart are applicable to each copper
converter at any new or existing primary copper smelter, except as noted
in Sec. 61.172(a).
Sec. 61.171 Definitions.
All terms used in this subpart shall have the meanings given to them
in the Act, in subpart A of part 61, and in this section as follows:
Blowing means the injection of air or oxygen-enriched air into a
molten converter bath.
Charging means the addition of a molten or solid material to a
copper converter.
Control device means the air pollution control equipment used to
collect particulate matter emissions.
Converter arsenic charging rate means the hourly rate at which
arsenic is charged to the copper converters in the copper converter
department based on the arsenic content of the copper matte and of any
lead matte that is charged to the copper converters.
Copper converter means any vessel in which copper matte is charged
and is oxidized to copper.
Copper converter department means all copper converters at a primary
copper smelter.
Copper matte means any molten solution of copper and iron sulfides
produced by smelting copper sulfide ore concentrates or calcines.
Holding of a copper converter means suspending blowing operations
while maintaining in a heated state the molten bath in the copper
converter.
Inorganic arsenic means the oxides and other noncarbon compounds of
the element arsenic included in particulate matter, vapors, and
aerosols.
Lead matte means any molten solution of copper and other metal
sulfides produced by reduction of sinter product from the oxidation of
lead sulfide ore concentrates.
Malfunction means any sudden 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 inorganic arsenic are increased.
Opacity means the degree to which emissions reduce the transmission
of light.
Particulate matter means any finely divided solid or liquid
material, other than uncombined water, as measured by the specified
reference method.
Pouring means the removal of blister copper from the copper
converter bath.
Primary copper smelter means any installation or intermediate
process engaged in the production of copper from copper-bearing
materials through the use of pyrometallurgical techniques.
Primary emission control system means the hoods, ducts, and control
devices used to capture, convey, and collect process emissions.
Process emissions means inorganic arsenic emissions from copper
converters
[[Page 139]]
that are captured directly at the source of generation.
Secondary emissions means inorganic arsenic emissions that escape
capture by a primary emission control system.
Secondary hood system means the equipment (including hoods, ducts,
fans, and dampers) used to capture and transport secondary inorganic
arsenic emissions.
Shutdown means the cessation of operation of a stationary source for
any reason.
Skimming means the removal of slag from the molten converter bath.
Sec. 61.172 Standard for new and existing sources.
(a) The provisions of paragraphs (b)-(f) of this section do not
apply to any copper converter at a facility where the total arsenic
charging rate for the copper converter department averaged over a 1-year
period is less than 75 kg/hr (165 lb/hr), as determined under Sec.
61.174(f).
(b) The owner or operator of each copper converter subject to the
provisions of this subpart shall reduce inorganic arsenic emissions to
the atmosphere by meeting the following design, equipment, work
practice, and operational requirements:
(1) Install, operate, and maintain a secondary hood system on each
copper converter. Each secondary hood system shall consist of a hood
enclosure, air curtain fan(s), exhaust system fan(s), and ductwork that
conveys the captured emissions to a control device, and shall meet the
following specifications:
(i) The configuration and dimensions of the hood enclosure shall be
such that the copper converter mouth, charging ladles, skimming ladles,
and any other material transfer vessels used will be housed within the
confines or influence of the hood enclosure during each mode of copper
converter operation.
(ii) The back of the hood enclosure shall be fully enclosed and
sealed against the primary hood. Portions of the side-walls in contact
with the copper converter shall be sealed against the converter.
(iii) Openings in the top and front of the hood enclosure to allow
for the entry and egress of ladles and crane appartus shall be minimized
to the fullest extent practicable.
(iv) The hood enclosure shall be fabricated in such a manner and of
materials of sufficient strength to withstand incidental contact with
ladles and crane apparatus with no significant damage.
(v) One side-wall of the hood enclosure shall be equipped with a
horizontal-slotted plenum along the top, and the opposite side-wall
shall be equipped with an exhaust hood. The horizontal-slotted plenum
shall be designed to allow the distance from the base to the top of the
horizontal slot to be adjustable up to a dimension of 76 mm.
(vi) The horizontal-slotted plenum shall be connected to a fan. When
activated, the fan shall push air through the horizontal slot, producing
a horizontal air curtain above the copper converter that is directed to
the exhaust hood. The fan power output installed shall be sufficient to
overcome static pressure losses through the ductwork upstream of the
horizontal-slotted plenum and across the plenum, and to deliver at least
22,370 watts (30 air horsepower) at the horizontal-slotted plenum
discharge.
(vii) The exhaust hood shall be sized to completely intercept the
airstream from the horizontal-slotted plenum combined with the
additional airflow resulting from entrainment of the surrounding air.
The exhaust hood shall be connected to a fan. When activated, the fan
shall pull the combined airstream into the exhaust hood.
(viii) The entire secondary hood system shall be equipped with
dampers and instrumentation, as appropriate, so that the desired air
curtain and exhaust flow are maintained during each mode of copper
converter operation.
(2) Optimize the capture of secondary inorganic arsenic emissions by
operating the copper converter and secondary hood system at all times as
follows:
(i) Copper converter. (A) Increase the air curtain and exhaust flow
rates to their optimum conditions prior to raising the primary hood and
rolling the copper converter out for charging, skimming, or pouring.
[[Page 140]]
(B) Once rolled out, prior to the commencement of skimming or
pouring, hold the copper converter in an idle position until fuming from
the molten bath has been minimized.
(C) During skimming, raise the receiving ladle off the ground and
position the ladle as close to the copper converter mouth as possible to
minimize the drop distance between the converter mouth and the receiving
ladle.
(D) Control the rate of flow into the receiving ladle to the extent
practicable to minimize fuming.
(E) Upon the completion of each charge, withdraw the charging ladle
or vessel used from the confines of the secondary hood in a slow,
deliberate manner.
(F) During charging, skimming, or pouring, ensure that the crane
block does not disturb the air flow between the horizontal-slotted
plenum and the exhaust hood.
(ii) Secondary hood system. (A) Operate the secondary hood system
under conditions that will result in the maximum capture of inorganic
arsenic emissions.
(B) Within 30 days after the effective date of this subpart, or
within 30 days after the initial operation of each secondary hood
system, whichever comes later, provide to the Administrator a list of
operating conditions for the secondary hood system that will result in
the maximum capture of inorganic arsenic emissions. This list shall
specify the operating parameters for the following:
(1) The dimensions of the horizontal slot.
(2) The velocity of air through the horizontal slot during each mode
of converter operation.
(3) The distance from the horizontal slot to the exhaust hood.
(4) The face velocity at the opening of the exhaust hood during each
mode of converter operation.
(C) Operate the secondary hood system under the conditions listed in
paragraph (b)(2)(ii)(B) of this section, unless otherwise specified by
the Administrator.
(D) Notify the Administrator in writing within 30 days if there is
any change in the operating conditions submitted pursuant to the
requirements of paragraph (b)(2)(ii)(B) that will result in any
reduction in the maximum capture of inorganic arsenic emissions.
(3) Comply with the following inspection and maintenance
requirements after installing the secondary hood system required in
paragraph (b)(1) of this section:
(i) At least once every month, visually inspect the components of
the secondary hood system that are exposed to potential damage from
crane and ladle operation, including the hood enclosure, side- and back-
wall hood seals, and the horizontal slot.
(ii) Replace or repair any defective or damaged components of the
secondary hood system within 30 days after discovering the defective or
damaged components.
(c) No owner or operator of a copper converter subject to the
provisions of this subpart shall cause or allow to be discharged into
the atmosphere any copper converter secondary emissions that exit from a
control device and contain particulate matter in excess of 11.6 mg/dscm
(0.0051 gr/dscf).
(d) The owner or operator of a copper converter subject to the
provisions of this subpart shall submit a description of a plan for
control of inorganic arsenic emissions from the copper converter and
associated air pollution control equipment. This plan shall be submitted
within 90 days after the effective date of this subpart, unless a waiver
of compliance is granted under Sec. 61.11. If a waiver of compliance is
granted, the plan shall be submitted on a date set by the Administrator.
Approval of the plan will be granted by the Administrator provided he
finds that:
(1) It includes a systematic procedure for identifying malfunctions
and for reporting them immediately to smelter supervisory personnel.
(2) It specifies the procedures that will be followed to ensure that
equipment or process breakdowns due entirely or in part to poor
maintenance or other preventable conditions do not occur.
(3) It specifies the measures that will be taken to ensure
compliance with paragraph (b)(2) of this section.
[[Page 141]]
(e) The owner or operator shall implement the plan required under
paragraph (d) of this section unless otherwise specified by the
Administrator.
(f) At all times, including periods of startup, shutdown, and
malfunction, the owner or operator of a copper converter subject to the
provisions of this subpart shall operate and maintain the converter and
associated air pollution control equipment in a manner consistent with
good air pollution control practice for minimizing emissions of
inorganic arsenic to the atmosphere to the maximum extent practicable.
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, inspection of
the source, and review of other records.
[51 FR 28029, Aug. 4, 1986, as amended at 65 FR 62158, Oct. 17, 2000]
Sec. 61.173 Compliance provisions.
(a) The owner or operator of each copper converter to which Sec.
61.172(b)-(f) applies shall demonstrate compliance with the requirements
of Sec. 61.172(b)(1) as follows:
(1) The owner or operator of each existing copper converter shall
install a secondary hood system to meet the requirements of Sec.
61.172(b)(1) no later than 90 days after the effective date, unless a
waiver of compliance has been approved by the Administrator in
accordance with Sec. 61.11.
(2) The owner or operator of each new copper converter shall install
a secondary hood system to meet the requirements of Sec. 61.172(b)(1)
prior to the initial startup of the converter, except that if startup
occurs prior to the effective date, the owner or operator shall meet the
requirements of Sec. 61.172(b)(1) on the effective date.
Sec. 61.174 Test methods and procedures.
(a) To determine compliance with Sec. 61.172(c), the owner or
operator shall conduct emission tests and reduce the test data in
accordance with the test methods and procedures contained in this
section unless the Administrator:
(1) Specifies or approves, in specific cases, the use of a reference
method with minor changes in methodology,
(2) Approves the use of an equivalent method,
(3) Approves the use of an alternative method, the results of which
he has determined to be adequate for indicating whether a specific
source is in compliance, or
(4) Waives the requirement for emission tests as provided in Sec.
61.13.
(b) The owner or operator shall conduct the emission tests required
in paragraph (a) of this section:
(1) After achieving the optimum operating conditions submitted under
Sec. 60.172(b)(2)(ii)(B) for the equipment required in Sec.
61.172(b)(1), but no later than 90 days after the effective date of this
subpart in the case of an existing copper converter or a copper
converter that has an initial startup date preceding the effective date,
or
(2) After achieving the optimum operating conditions submitted under
Sec. 60.172(b)(2)(ii)(B) for the equipment required in Sec.
61.172(b)(1), but no later than 90 days after startup in the case of a
new copper converter, initial startup of which occurs after the
effective date, or
(3) At such other times as may be required by the Administrator
under section 114 of the Act.
(c) The owner or operator shall conduct each emission test under
representative operating conditions and at sample locations subject to
the Administrator's approval, and shall make available to the
Administrator such records as may be necessary to determine the
conditions of the emission test.
(d) For the purpose of determining compliance with Sec. 61.172(c),
the owner or operator shall use reference methods in 40 CFR part 60,
appendix A, as follows:
(1) Method 5 for the measurement of particulate matter,
(2) Method 1 for sample and velocity traverses,
(3) Method 2 for velocity and volumetric flow rate,
(4) Method 3 for gas analysis, and
(5) Method 4 for stack gas moisture.
[[Page 142]]
(e) For Method 5, the sampling time for each run shall be at least
60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf)
except that smaller times or volumes when necessitated by process
variables or other factors may be approved by the Administrator.
(f) For the purpose of determining applicability under Sec.
61.172(a), the owner or operator shall determine the converter arsenic
charging rate as follows:
(1) Collect daily grab samples of copper matte and any lead matte
charged to the copper converters.
(2) Each calendar month, from the daily grab samples collected under
paragraph (f)(1) of this section, put together a composite copper matte
sample and a composite lead matte sample. Analyze the composite samples
individually using Method 108A, 108B, or 108C to determine the weight
percent of inorganic arsenic contained in each sample.
(3) Calculate the converter arsenic charging rate once per month
using the following equation:
[GRAPHIC] [TIFF OMITTED] TC15NO91.053
Where:
Rc is the converter arsenic charging rate, kg/hr (lb/hr).
Ac is the monthly average weight percent of arsenic in the
copper matte charged during the month(%) as determined under
paragraph (f)(2) of this section.
Al is the monthly average weight percent of arsenic in the
lead matte charged during the month(%) as determined under
paragraph (f)(2) of this section.
Wci is the total rate of copper matte charged to a copper
converter during the month, kg (lb).
Wli is the total rate of lead matte charged to a copper
converter during the month, kg (lb).
Hc is the total number of hours the copper converter
department was in operation during the month (hr).
n is the number of copper converters in operation during the month.
(4) Determine an annual arsenic charging rate for the copper
converter department once per month by computing the arithmetic average
of the 12 monthly converter arsenic charging rate values (Rc)
for the preceding 12-month period.
(g) An owner or operator may petition the Administrator for a
modified sampling and analysis schedule if analyses performed for the
first 12-month period after the effective date show the source to be
considerably below the applicability limit prescribed in Sec.
61.172(a).
[51 FR 28029, Aug. 4, 1986, as amended at 55 FR 22027, May 31, 1990; 65
FR 62158, Oct. 17, 2000]
Sec. 61.175 Monitoring requirements.
(a) Each owner or operator of a source that is subject to the
emission limit specified in Sec. 61.172(c) shall install, calibrate,
maintain, and operate a continuous monitoring system for the measurement
of the opacity of emissions discharged from the control device according
to the following procedures:
(1) Ensure that each system is installed and operational no later
than 90 days after the effective date of this subpart for a source that
has an initial startup date preceding the effective date; and no later
than 90 days after startup for other sources. Verification of the
operational status shall, as a minimum, consist of an evaluation of the
monitoring system in accordance with the requirements and procedures
contained in Performance Specification 1 of appendix B of 40 CFR part
60.
(2) Comply with the provisions of Sec. 60.13(d) of 40 CFR part 60.
(3) Except for system breakdowns, repairs, calibration checks, and
zero span adjustments, ensure that each continuous monitoring system is
in continuous operation and meets frequency of operation requirements by
completing a minimum of one cycle of sampling and analysis for each
successive 10-second period and one cycle of data recording for each
successive 6-minute period. Each data point shall represent the opacity
measured for one cycle of sampling and analysis and shall be expressed
as percent opacity.
(b) Except as required in paragraph (c) of this section, calculate
1-hour opacity averages from 360 or more consecutive data points equally
spaced over each 1-hour period. Data recorded during periods of
monitoring system breakdowns, repairs, calibration checks, and zero and
span adjustments
[[Page 143]]
shall not be included in the data averages computed under this
paragraph.
(c) No later than 60 days after each continuous opacity monitoring
system required in paragraph (a) of this section becomes operational,
the owner or operator shall establish a reference opacity level for each
monitored emission stream according to the following procedures:
(1) Conduct continuous opacity monitoring over a preplanned period
of not less than 36 hours during which the processes and emission
control equipment upstream of the monitoring system are operating under
representative operating conditions subject to the Administrator's
approval. This period shall include the time during which the emission
test required by Sec. 61.13 is conducted.
(2) Calculate 6-minute averages of the opacity readings using 36 or
more consecutive data points equally spaced over each 6-minute period.
(3) Calculate 1-hour average opacity values using 10 successive 6-
minute average opacity values (i.e., calculate a new 1-hour average
opacity value every 6 minutes). Determine the highest 1-hour average
opacity value observed during the 36-hour preplanned test period.
(4) Calculate the reference opacity level by adding 5 percent
opacity to the highest 1-hour average opacity calculated in paragraph
(c)(3) of this section.
(d) The owner or operator may redetermine the reference opacity
level for the copper converter secondary emission stream at the time of
each emission test that demonstrates compliance with the emission limit
required in Sec. 61.172(c) according to the provisions of paragraphs
(c)(1) through (c)(4) of this section.
(e) With a minimum of 30 days prior notice, the Administrator may
require the owner or operator to redetermine the reference opacity level
for any monitored emission stream.
(f) Each owner or operator who is required to install the equipment
specified in Sec. 61.172(b)(1) for the capture of secondary copper
converter emissions shall install, calibrate, maintain, and operate a
continuous monitoring device on each secondary hood system for the
measurement of the air flow through the horizontal-slotted plenum and
through the exhaust hood. Each device shall be installed and operational
no later than 90 days after the effective date of this subpart for a
source that has an initial startup preceding the effective date; and no
later than 90 days after startup for other sources.
(g) Each owner or operator subject to the requirements in paragraph
(f) of this section shall establish for each secondary hood system
reference air flow rates for the horizontal-slotted plenum and exhaust
hood for each mode of converter operation. The reference flow rates
shall be established when the equipment is operating under the optimum
operating conditions required in Sec. 61.172(b)(2)(ii).
(h) Each owner or operator shall install the continuous monitoring
systems and monitoring devices required in paragraphs (a) and (f) of
this section in such a manner that representative measurements of
emissions and process parameters are obtained.
Sec. 61.176 Recordkeeping requirements.
(a) Each owner or operator subject to the requirements of Sec.
61.172(b)(1) shall maintain at the source for a period of at least 2
years records of the visual inspections, maintenance, and repairs
performed on each secondary hood system as required in Sec.
61.172(b)(3).
(b) Each owner or operator subject to the provisions of Sec.
61.172(c) shall maintain at the source for a period of at least 2 years
and make available to the Administrator upon request a file of the
following records:
(1) All measurements, including continuous monitoring for
measurement of opacity;
(2) Records of emission test data and all calculations used to
produce the required reports of emission estimates to demonstrate
complaince with Sec. 61.172(c);
(3) All continuous monitoring system performance evaluations,
including calibration checks and adjustments;
(4) The occurrence and duration of all startups, shutdowns, and
malfunctions of the copper converters;
(5) All malfunctions of the air pollution control system;
[[Page 144]]
(6) All periods during which any continuous monitoring system or
device is inoperative;
(7) All maintenance and repairs performed on each air pollution
control system, continuous monitoring system, or monitoring device;
(8) All records of 1-hour average opacity levels for each separate
control device; and
(9) For each secondary hood system:
(i) The reference flow rates for the horizontal-slotted plenum and
exhaust hood for each converter operating mode estabilshed under Sec.
61.175(g);
(ii) The actual flow rates; and
(iii) A daily log of the start time and duration of each converter
operating mode.
(c) Each owner or operator subject to the provisions of this subpart
shall maintain at the source for a period of at least 2 years and make
available to the Administrator upon request the following records:
(1) For each copper converter, a daily record of the amount of
copper matte and lead matte charged to the copper converter and the
total hours of operation.
(2) For each copper converter department, a monthly record of the
weight percent of arsenic contained in the copper matte and lead matte
as determined under Sec. 61.174(f).
(3) For each copper converter department, the monthly calculations
of the average annual arsenic charging rate for the preceding 12-month
period as determined under Sec. 61.174(f).
Sec. 61.177 Reporting requirements.
(a) Each owner or operator subject to the provisions of Sec.
61.172(c) shall:
(1) Provide the Administrator 30 days prior notice of the emission
test required in Sec. 61.174(a) to afford the Administrator the
opportunity to have an observer present; and
(2) Submit to the Administrator a written report of the results of
the emission test required in Sec. 61.174(a) within 60 days after
conducting the test.
(b) Each owner or operator subject to the provisions of Sec.
61.175(a) shall provide the Administrator at least 30 days prior notice
of each reference opacity level determination required in Sec.
61.175(c) to afford the Administrator the opportunity to have an
observer present.
(c) Each owner or opertor subject to the provisions of Sec.
61.175(a) shall submit to the Administrator:
(1) Within 60 days after conducting the evaluation required in Sec.
61.175(a)(1), a written report of the continuous monitoring system
evaluation;
(2) Within 30 days after establishing the reference opacity level
required in Sec. 61.175(c), a written report of the reference opacity
level. The report shall also include the opacity data used and the
calculations performed to determine the reference opacity level, and
sufficient documentation to show that process and emission control
equipment were operating normally during the reference opacity level
determination; and
(3) A written report each quarter of each occurrence of excess
opacity during the quarter. For purposes of this paragraph, an
occurrence of excess opacity is any 1-hour period during which the
average opacity, as measured by the continuous monitoring system,
exceeds the reference opacity level established under Sec. 61.175(c).
(d) The owner or operator subject to the provisions of Sec.
61.175(g) shall submit to the Administrator:
(1) A written report of the reference air flow rate within 30 days
after establishing the reference air flow rates required in Sec.
61.175(g);
(2) A written report each quarter of all air flow rates monitored
during the preceding 3-month period that are less than 80 percent of the
corresponding reference flow rate established for each converter
operating mode; and
(3) A written report each quarter of any changes in the operating
conditions of the emission capture system, emission control device, or
the building housing the converters that might increase fugitive
emissions.
(e) All quarterly reports shall be postmarked by the 30th day
following the end of each 3-month period and shall include the following
information:
(1) The magnitude of each occurrence of excess opacity, any
conversion factor(s) used, and the dates and times of commencement and
completion of each
[[Page 145]]
occurrence of excess opacity, the cause of each exceedance of the
reference opacity level, and the measures taken to minimize emissions.
(2) The magnitude of each occurrence of reduced flow rate and the
date and time of commencement and completion of each occurrence of
reduced flow rate, the cause of the reduced flow rate, and the
associated converter operating mode.
(3) Specific identification of each occurrence of excess opacity or
reduced flow rate that occurs during startups, shutdowns, and
malfunctions of the source.
(4) The date and time identifying each period during which the
continuous monitoring system or monitoring device was inoperative,
except for zero and span checks, and the nature of the system repairs or
adjustments.
(5) Specific identification of each change in operating conditions
of the emission capture system or control device, or in the condition of
the building housing the converters.
(f) Each owner or operator of a source subject to the provisions of
this subpart shall submit annually a written report to the Administrator
that includes the monthly computations of the average annual converter
arsenic charging rate as calculated under Sec. 61.174(f)(4). The annual
report shall be postmarked by the 30th day following the end of each
calendar year.
Subpart P_National Emission Standard for Inorganic Arsenic Emissions
From Arsenic Trioxide and Metallic Arsenic Production Facilities
Source: 51 FR 28033, Aug. 4, 1986, unless otherwise noted.
Sec. 61.180 Applicability and designation of sources.
The provisions of this subpart are applicable to each metallic
arsenic production plant and to each arsenic trioxide plant that
processes low-grade arsenic bearing materials by a roasting condensation
process.
Sec. 61.181 Definitions.
All terms used in this subpart shall have the meanings given them in
the Act, in subpart A of part 61, and in this section as follows:
Arsenic kitchen means a baffled brick chamber where inorganic
arsenic vapors are cooled, condensed, and removed in a solid form.
Control device means the air pollution control equipment used to
collect particulate matter emissions.
Curtail means to cease operations to the extent technically feasible
to reduce emissions.
Inorganic arsenic means the oxides and other noncarbon compounds of
the element arsenic included in particulate matter, vapors, and
aerosols.
Malfunction means any sudden 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 inorganic arsenic are increased.
Opacity means the degree to which emissions reduce the transmission
of light.
Primary emission control system means the hoods, enclosures, ducts,
and control devices used to capture, convey, and remove particulate
matter from exhaust gases which are captured directly at the source of
generation.
Process emissions means inorganic arsenic emissions that are
captured and collected in a primary emission control system.
Roasting means the use of a furnace to heat arsenic plant feed
material for the purpose of eliminating a significant portion of the
volatile materials contained in the feed.
Secondary emissions means inorganic arsenic emissions that escape
capture by a primary emission control system.
Shutdown means the cessation of operation of a stationary source for
any purpose.
[51 FR 28033, Aug. 4, 1986; 51 FR 35355, Oct. 3, 1986]
Sec. 61.182 Standard for new and existing sources.
(a) Within 30 days after the effective date of this subpart, the
owner or operator of each source to which this subpart applies shall
identify and submit to the Administrator a list of potential
[[Page 146]]
sources (equipment and operations) of inorganic arsenic emissions.
(b) The owner or operator shall submit a description of an
inspection, maintenance, and housekeeping plan for control of inorganic
arsenic emissions from the potential sources identified under paragraph
(a) of this section. This plan shall be submitted within 90 days after
the effective date of this subpart, unless a waiver of compliance is
granted under Sec. 61.11. If a waiver of compliance is granted, the
plan shall be submitted on a date set by the Administrator. Approval of
the plan will be granted by the Administrator provided he finds that:
(1) It achieves the following objectives in a manner that does not
cause adverse impacts in other environmental media:
(i) Clean-up and proper disposal, wet-down, or chemical
stabilization to the extent practicable (considering access and safety)
of any dry, dusty material having an inorganic arsenic content greater
than 2 percent that accumulates on any surface within the plant
boundaries outside of a dust-tight enclosure.
(ii) Immediate clean-up and proper disposal, wet-down, or chemical
stabilization of spills of all dry, dusty material having an inorganic
arsenic content greater than 2 percent.
(iii) Minimization of emissions of inorganic arsenic to the
atmosphere during removal of inorganic arsenic from the arsenic kitchen
and from flue pulling operations by properly handling, wetting down, or
chemically stabilizing all dusts and materials handled in these
operations.
(2) It includes an inspection program that requires all process,
conveying, and air pollution control equipment to be inspected at least
once per shift to ensure that the equipment is being properly operated
and maintained. The program will specify the evaluation criteria and
will use a standardized checklist, which will be included as part of the
plan required in paragraph (b) of this section, to document the
inspection, maintenance, and housekeeping status of the equipment and
that the objectives of paragraph (b)(1) of this section are being
achieved.
(3) It includes a systematic procedure for identifying malfunctions
and for reporting them immediately to supervisory personnel.
(4) It specifies the procedures that will be followed to ensure that
equipment or process malfunctions due entirely or in part to poor
maintenance or other preventable conditions do not occur.
(5) It includes a program for curtailing all operations necessary to
minimize any increase in emissions of inorganic arsenic to the
atmosphere resulting from a malfunction. The program will describe:
(i) The specific steps that will be taken to curtail each operation
as soon as technically feasible after the malfunction is discovered.
(ii) The minimum time required to curtail each operation.
(iii) The procedures that will be used to ensure that the
curtailment continues until after the malfunction is corrected.
(c) The owner or operator shall implement the plan required in
paragraph (b) of this section until otherwise specified by the
Administrator.
(d) At all times, including periods of startup, shutdown, and
malfunction, the owner or operator of each source to which this subpart
applies shall operate and maintain the source including associated air
pollution control equipment in a manner consistent with good air
pollution control practice for minimizing emissions of inorganic arsenic
to the atmosphere to the maximum extent practicable. 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, inspection of the source, and review of
other records.
Sec. 61.183 Emission monitoring.
(a) The owner or operator of each source subject to the provisions
of this subpart shall install, calibrate, maintain, and operate a
continuous monitoring system for the measurement of the opacity of each
arsenic trioxide and metallic arsenic process emission
[[Page 147]]
stream that exits from a control device.
(b) The owner or operator shall install, operate, and maintain each
continuous monitoring system for the measurement of opacity required in
paragraph (a) of this section according to the following procedures:
(1) Ensure that each system is installed and operational no later
than 90 days after the effective date of this subpart for an existing
source or a new source that has an initial startup date preceding the
effective date. For a new source whose initial startup occurs after the
effective date of this subpart, ensure that the system is installed and
operational no later than 90 days after startup. Verification of the
operational status shall, as a minimum, consist of an evaluation of the
monitoring system in accordance with the requirements and procedures
contained in Performance Specification 1 of appendix B of 40 CFR part
60.
(2) Comply with the provisions of Sec. 60.13(d) of 40 CFR part 60.
(3) Except for system breakdowns, repairs, calibration checks, and
zero and span adjustments required under Sec. 60.13(d), ensure that
each continuous monitoring system is in continuous operation and meets
frequency of operation requirements by completing a minimum of one cycle
of sampling and analysis for each successive 10-second period and one
cycle of data recording for each successive 6-minute period. Each data
point shall represent the opacity measured for one cycle of sampling and
analysis and shall be expressed as percent opacity.
(c) The owner or operator shall calculate 6-minute opacity averages
from 36 or more consecutive data points equally spaced over each 6-
minute period. Data recorded during periods of monitoring system
breakdowns, repairs, calibration checks, and zero and span adjustments
shall not be included in the data averages computed under this
paragraph.
(d) No later than 60 days after each continuous opacity monitoring
system required in paragraph (a) of this section becomes operational,
the owner or operator shall establish a reference opacity level for each
monitored emission stream according to the following procedures:
(1) Conduct continuous opacity monitoring over a preplanned period
of not less than 36 hours during which the processes and emission
control equipment upstream of the monitoring system are operating in a
manner that will minimize opacity under representative operating
conditions subject to the Administrator's approval.
(2) Calculate 6-minute averages of the opacity readings using 36 or
more consecutive data points equally spaced over each 6-minute period.
(3) Establish the reference opacity level by determining the highest
6-minute average opacity calculated under paragraph (d)(2) of this
section.
(e) With a minimum of 30 days prior notice, the Administrator may
require an owner or operator to redetermine the reference opacity level
for any monitored emission stream.
(f) Each owner or operator shall install all continuous monitoring
systems or monitoring devices required in paragraph (a) of this section
in such a manner that representative measurements of emissions or
process parameters are obtained.
Sec. 61.184 Ambient air monitoring for inorganic arsenic.
(a) The owner or operator of each source to which this subpart
applies shall operate a continuous monitoring system for the measurement
of inorganic arsenic concentrations in the ambient air.
(b) The ambient air monitors shall be located at sites to detect
maximum concentrations of inorganic arsenic in the ambient air in
accordance with a plan approved by the Administrator that shall include
the sampling and analytical method used.
(c) The owner or operator shall submit a written plan describing,
and explaining the basis for, the design and adequacy of the monitoring
network, sampling and analytical procedures, and quality assurance
within 45 days after the effective date of this subpart.
(d) Each monitor shall be operated continuously except for a
reasonable
[[Page 148]]
time allowance for instrument maintenance and calibration, for changing
filters, or for replacement of equipment needing major repair.
(e) Filters shall be changed daily and shall be analyzed and
concentrations calculated within 30 days after filters are collected.
(f) The Administrator at any time may require changes in, or
expansion of, the sampling program, including sampling and analytical
protocols and network design.
Sec. 61.185 Recordkeeping requirements.
(a) Each owner or operator of a source subject to the provisions of
this subpart shall maintain at the source for a period of at least 2
years the following records: All measurements, including continuous
monitoring for measurement of opacity; all continuous monitoring system
performance evaluations, including calibration checks and adjustments;
all periods during which the continuous monitoring system or monitoring
device is inoperative; and all maintenance and repairs made to the
continuous monitoring system or monitoring device.
(b) Each owner or operator shall maintain at the source for a period
of at least 2 years a log for each plant department in which the
operating status of process, conveying, and emission control equipment
is described for each shift. For malfunctions and upsets, the following
information shall be recorded in the log:
(1) The time of discovery.
(2) A description of the malfunction or upset.
(3) The time corrective action was initiated.
(4) A description of corrective action taken.
(5) The time corrective action was completed.
(6) A description of steps taken to reduce emissions of inorganic
arsenic to the atmosphere between the time of discovery and the time
corrective action was taken.
(c) Each owner or operator subject to the provisions of this subpart
shall maintain for a period of a least 2 years records of 6-minute
average opacity levels for each separate control device.
(d) Each owner or operator subject to the provisions of Sec. 61.186
shall maintain for a period of at least 2 years records of ambient
inorganic arsenic concentrations at all sampling sites and other data
needed to determine such concentrations.
Sec. 61.186 Reporting requirements.
(a) Each owner or operator subject to the provisions of Sec.
61.183(a) shall provide the Administrator at least 30 days prior notice
of each reference opacity level determination required in Sec.
61.183(a) to afford the Administrator the opportunity to have an
observer present.
(b) Each owner or operator subject to the provisions of Sec.
61.183(a) shall submit to the Administrator:
(1) Within 60 days of conducting the evaluation required in Sec.
61.183(b)(1), a written report of the continuous monitoring system
evaluation;
(2) Within 30 days of establishing the reference opacity level
required in Sec. 61.183(d), a written report of the reference opacity
level. The report shall also include the opacity data used and the
calculations performed to determine the reference opacity level, and
sufficient documentation to show that process and emission control
equipment were operating normally during the reference opacity level
determination; and
(3) A written report each quarter of each occurrence of excess
opacity during the quarter. For the purposes of this paragraph, an
occurrence of excess opacity is any 6-minute period during which the
average opacity, as measured by the continuous monitoring system,
exceeds the reference opacity level established under Sec. 61.183(d).
(c) All quarterly reports of excess opacity shall be postmarked by
the 30th day following the end of each quarter and shall include the
following information:
(1) The magnitude of excess opacity, any conversion factor(s) used,
and the dates and times of commencement and completion of each
occurrence of excess opacity, the cause of each exceedance of the
reference opacity level, and the measures taken to minimize emissions.
[[Page 149]]
(2) Specific identification of each period of excess opacity that
occurred during startups, shutdowns, and malfunctions of the source.
(3) The date and time identifying each period during which the
continuous monitoring system or monitoring device was inoperative,
except for zero and span checks, and the nature of the system repairs or
adjustments.
(d) Each owner or operator subject to this subpart shall submit a
written report semiannually to the Administrator that describes the
status and results, for the reporting period, of any pilot plant studies
on alternative arsenic trioxide production processes. Conclusions and
recommendations of the studies shall also be reported.
(e) All semiannual progress reports required in paragraph (d) of
this section shall be postmarked by the 30th day following the end of
each 6-month period.
(f) Each owner or operator of a source to which this subpart applies
shall submit a written report each quarter to the Administrator that
includes the following information:
(1) All ambient inorganic arsenic concentrations measured at all
monitoring sites in accordance with Sec. 61.184.
(2) A description of any modifications to the sampling network,
during the reporting period, including any major maintenance, site
changes, calibrations, and quality assurance information including
sampling and analytical precision and accuracy estimates.
(g) All quarterly reports required in paragraph (f) of this section
shall be postmarked by the 30th day following the end of each quarter.
Subpart Q_National Emission Standards for Radon Emissions From
Department of Energy Facilities
Source: 54 FR 51701, Dec. 15, 1989, unless otherwise noted.
Sec. 61.190 Designation of facilities.
The provisions of this subpart apply to the design and operation of
all storage and disposal facilities for radium-containing material
(i.e., byproduct material as defined under section 11.e(2) of the Atomic
Energy Act of 1954 (as amended)) that are owned or operated by the
Department of Energy that emit radon-222 into air, including these
facilities: The Feed Materials Production Center, Fernald, Ohio; the
Niagara Falls Storage Site, Lewiston, New York; the Weldon Spring Site,
Weldon Spring, Missouri; the Middlesex Sampling Plant, Middlesex, New
Jersey; the Monticello Uranium Mill Tailings Pile, Monticello, Utah.
This subpart does not apply to facilities listed in, or designated by
the Secretary of Energy under title I of the Uranium Mill Tailings
Control Act of 1978.
Sec. 61.191 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) Facility means all buildings, structures and operations on one
contiguous site.
(b) Source means any building, structure, pile, impoundment or area
used for interim storage or disposal that is or contains waste material
containing radium in sufficient concentration to emit radon-222 in
excess of this standard prior to remedial action.
Sec. 61.192 Standard.
No source at a Department of Energy facility shall emit more than 20
picocuries per square meter per second (pCi/(m\2\-sec)) (1.9 pCi/(ft\2\-
sec)) of radon-222 as an average for the entire source, into the air.
This requirement will be part of any Federal Facilities Agreement
reached between Environmental Protection Agency and Department of
Energy.
[54 FR 51701, Dec. 15, 1989, as amended at 65 FR 62158, Oct. 17, 2000]
Sec. 61.193 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.
[[Page 150]]
Subpart R_National Emission Standards for Radon Emissions From
Phosphogypsum Stacks
Source: 57 FR 23317, June 3, 1992, unless otherwise noted.
Sec. 61.200 Designation of facilities.
The provisions of this subpart apply to each owner or operator of a
phosphogypsum stack, and to each person who owns, sells, distributes, or
otherwise uses any quantity of phosphogypsum which is produced as a
result of wet acid phosphorus production or is removed from any existing
phosphogypsum stack.
Sec. 61.201 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) Inactive stack means a stack to which no further routine
additions of phosphogypsum will be made and which is no longer used for
water management associated with the production of phosphogypsum. If a
stack has not been used for either purpose for two years, it is presumed
to be inactive.
(b) Phosphogypsum is the solid waste byproduct which results from
the process of wet acid phosphorus production.
(c) Phosphogypsum stacks or stacks are piles of waste resulting from
wet acid phosphorus production, including phosphate mines or other sites
that are used for the disposal of phosphogypsum.
Sec. 61.202 Standard.
Each person who generates phosphogypsum shall place all
phosphogypsum in stacks. Phosphogypsum may be removed from a
phosphogypsum stack only as expressly provided by this subpart. After a
phosphogypsum stack has become an inactive stack, the owner or operator
shall assure that the stack does not emit more than 20 pCi/(m\2\-sec)
(1.9 pCi/(ft\2\-sec)) of radon-222 into the air.
[57 FR 23317, June 3, 1992, as amended at 65 FR 62158, Oct. 17, 2000]
Sec. 61.203 Radon monitoring and compliance procedures.
(a) Within sixty days following the date on which a stack becomes an
inactive stack, or within ninety days after the date on which this
subpart first took effect if a stack was already inactive on that date,
each owner or operator of an inactive phosphogypsum stack shall test the
stack for radon-222 flux in accordance with the procedures described in
40 CFR part 61, appendix B, Method 115. EPA shall be notified at least
30 days prior to each such emissions test so that EPA may, at its
option, observe the test. If meteorological conditions are such that a
test cannot be properly conducted, then the owner or operator shall
notify EPA and test as soon as conditions permit.
(b)(1) Within ninety days after the testing is required, the owner
or operator shall provide EPA with a report detailing the actions taken
and the results of the radon-222 flux testing. Each report shall also
include the following information:
(i) The name and location of the facility;
(ii) A list of the stacks at the facility including the size and
dimensions of each stack;
(iii) The name of the person responsible for the operation of the
facility and the name of the person preparing the report (if different);
(iv) A description of the control measures taken to decrease the
radon flux from the source and any actions taken to insure the long term
effectiveness of the control measures; and
(v) The results of the testing conducted, including the results of
each measurement.
(2) 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 may 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
[[Page 151]]
false information including the possibility of fine and imprisonment.
See, 18 U.S.C. 1001.''
(c) If the owner or operator of an inactive stack chooses to conduct
measurements over a one year period as permitted by Method 115 in
appendix B to part 61, within ninety days after the testing commences
the owner or operator shall provide EPA with an initial report,
including the results of the first measurement period and a schedule for
all subsequent measurements. An additional report containing all the
information in Sec. 61.203(b) shall be submitted within ninety days
after completion of the final measurements.
(d) If at any point an owner or operator of a stack once again uses
an inactive stack for the disposal of phosphogypsum or for water
management, the stack ceases to be in inactive status and the owner or
operator must notify EPA in writing within 45 days. When the owner or
operator ceases to use the stack for disposal of phosphogypsum or water
management, the stack will once again become inactive and the owner or
operator must satisfy again all testing and reporting requirements for
inactive stacks.
(e) If an owner or operator removes phosphogypsum from an inactive
stack, the owner shall test the stack in accordance with the procedures
described in 40 CFR part 61, appendix B, Method 115. The stack shall be
tested within ninety days of the date that the owner or operator first
removes phosphogypsum from the stack, and the test shall be repeated at
least once during each calendar year that the owner or operator removes
additional phosphogypsum from the stack. EPA shall be notified at least
30 days prior to an emissions test so that EPA may, at its option,
observe the test. If meteorological conditions are such that a test
cannot be properly conducted, then the owner shall notify EPA and test
as soon as conditions permit. Within ninety days after completion of a
test, the owner or operator shall provide EPA with a report detailing
the actions taken and the results of the radon-222 flux testing. Each
such report shall include all of the information specified by Sec.
61.203(b).
Sec. 61.204 Distribution and use of phosphogypsum for outdoor
agricultural purposes.
Phosphogypsum may be lawfully removed from a stack and distributed
in commerce for use in outdoor agricultural research and development and
agricultural field use if each of the following requirements is
satisfied:
(a) The owner or operator of the stack from which the phosphogypsum
is removed shall determine annually the average radium-226 concentration
at the location in the stack from which the phosphogypsum will be
removed, as provided by Sec. 61.207.
(b) The average radium-226 concentration at the location in the
stack from which the phosphogypsum will be removed, as determined
pursuant to Sec. 61.207, shall not exceed 10 pCi/g (4500 pCi/lb).
(c) All phosphogypsum distributed in commerce for use pursuant to
this section by the owner or operator of a phosphogypsum stack shall be
accompanied by a certification document which conforms to the
requirements of Sec. 61.208(a).
(d) Each distributor, retailer, or reseller who distributes
phosphogypsum for use pursuant to this section shall prepare
certification documents which conform to the requirements of Sec.
61.208(b).
(e) Use of phosphogypsum for indoor research and development in a
laboratory must comply with Sec. 61.205.
[57 FR 23317, June 3, 1992, as amended at 64 FR 5579, Feb. 3, 1999; 65
FR 62158, Oct. 17, 2000]
Sec. 61.205 Distribution and use of phosphogypsum for indoor
research and development.
(a) Phosphogypsum may be lawfully removed from a stack and
distributed in commerce for use in indoor research and development
activities, provided that it is accompanied at all times by
certification documents which conform to the requirements of Sec.
61.208. In addition, before distributing phosphogypsum to any person for
use in indoor research and development activities, the owner or operator
of a phosphogypsum stack shall obtain from that person written
confirmation that the research facility will comply
[[Page 152]]
with all of the limitations set forth in paragraph (b) of this section.
(b) Any person who purchases and uses phosphogypsum for indoor
research and development purposes shall comply with all of the following
limitations. Any use of phosphogypsum for indoor research and
development purposes not consistent with the limitations set forth in
this section shall be construed as unauthorized distribution of
phosphogypsum.
(1) Each quantity of phosphogypsum purchased by a facility for a
particular research and development activity shall be accompanied by
certification documents which conform to the requirements of Sec.
61.208.
(2) No facility shall purchase or possess more than 3182 kg (7,000
lb) of phosphogypsum for a particular indoor research and development
activity. The total quantity of all phosphogypsum at a facility, as
determined by summing the individual quantities purchased or possessed
for each individual research and development activity conducted by that
facility, may exceed 3182 kg (7,000 lb), provided that no single room in
which research and development activities are conducted shall contain
more than 3182 kg (7,000 lb).
(3) Containers of phosphogypsum used in indoor research and
development activities shall be labeled with the following warning:
Caution: Phosphogypsum Contains Elevated Levels of Naturally Occurring
Radioactivity.
(4) For each indoor research and development activity in which
phosphogypsum is used, the facility shall maintain records which conform
to the requirements of Sec. 61.209(c).
(5) Indoor research and development activities must be performed in
a controlled laboratory setting which the general public cannot enter
except on an infrequent basis for tours of the facility. Uses of
phosphogypsum for outdoor agricultural research and development and
agricultural field use must comply with Sec. 61.204.
(c) Phosphogypsum not intended for distribution in commerce may be
lawfully removed from a stack by an owner or operator to perform
laboratory analyses required by this subpart or any other quality
control or quality assurance analyses associated with wet acid
phosphorus production.
[57 FR 23317, June 3, 1992, as amended at 64 FR 5579, Feb. 3, 1999; 64
FR 53213, Oct. 1, 1999; 65 FR 62158, Oct. 17, 2000]
Sec. 61.206 Distribution and use of phosphogypsum for other purposes.
(a) Phosphogypsum may not be lawfully removed from a stack and
distributed or used for any purpose not expressly specified in Sec.
61.204 or Sec. 61.205 without prior EPA approval.
(b) A request that EPA approve distribution and/or use of
phosphogypsum for any other purpose must be submitted in writing and
must contain the following information:
(1) The name and address of the person(s) making the request.
(2) A description of the proposed use, including any handling and
processing that the phosphogypsum will undergo.
(3) The location of each facility, including suite and/or building
number, street, city, county, state, and zip code, where any use,
handling, or processing of the phosphogypsum will take place.
(4) The mailing address of each facility where any use, handling, or
processing of the phosphogypsum will take place, if different from
paragraph (b)(3) of this section.
(5) The quantity of phosphogypsum to be used by each facility.
(6) The average concentration of radium-226 in the phosphogypsum to
be used.
(7) A description of any measures which will be taken to prevent the
uncontrolled release of phosphogypsum into the environment.
(8) An estimate of the maximum individual risk, risk distribution,
and incidence associated with the proposed use, including the ultimate
disposition of the phosphogypsum or any product in which the
phosphogypsum is incorporated.
(9) A description of the intended disposition of any unused
phosphogypsum.
(10) Each request shall be signed and dated by a corporate officer
or public official in charge of the facility.
(c) The Assistant Administrator for Air and Radiation may decide to
grant a request that EPA approve distribution and/or use of
phosphogypsum if he
[[Page 153]]
determines that the proposed distribution and/or use is at lease as
protective of public health, in both the short term and the long term,
as disposal of phosphogypsum in a stack or a mine.
(d) If the Assistant Administrator for Air and Radiation decides to
grant a request that EPA approve distribution and/or use of
phosphogypsum for a specified purpose, each of the following
requirements shall be satisfied:
(1) The owner or operator of the stack from which the phosphogypsum
is removed shall determine annually the average radium-226 concentration
at the location in the stack from which the phosphogypsum will be
removed, as provided by Sec. 61.207.
(2) All phosphogypsum distributed in commerce by the owner or
operator of a phosphogypsum stack, or by a distributor, retailer, or
reseller, or purchased by the end-user, shall be accompanied at all
times by certification documents which conform to the requirements Sec.
61.208.
(3) The end-user of the phosphogypsum shall maintain records which
conform to the requirements of Sec. 61.209(c).
(e) If the Assistant Administrator for Air and Radiation decides to
grant a request that EPA approve distribution and/or use of
phosphogypsum for a specified purpose, the Assistant Administrator may
decide to impose additional terms or conditions governing such
distribution or use. In appropriate circumstances, the Assistant
Administrator may also decide to waive or modify the recordkeeping
requirements established by Sec. 61.209(c).
Sec. 61.207 Radium-226 sampling and measurement procedures.
(a) Before removing phosphogypsum from a stack for distribution in
commerce pursuant to Sec. 61.204, or Sec. 61.206, the owner or
operator of a phosphogypsum stack shall measure the average radium-226
concentration at the location in the stack from which phosphogypsum will
be removed. Measurements shall be performed for each such location prior
to the initial distribution in commerce of phosphogypsum removed from
that location and at least once during each calendar year while
distribution of phosphogypsum removed from the location continues.
(1) A minimum of 30 phosphogypsum samples shall be taken at
regularly spaced intervals across the surface of the location on the
stack from which the phosphogypsum will be removed. Let n1
represent the number of samples taken.
(2) Measure the radium-226 concentration of each of the
n1 samples in accordance with the analytical procedures
described in 40 CFR part 61, appendix B, Method 114.
(3) Calculate the mean, x1, and the standard deviation,
s1, of the n1 radium-226 concentrations:
[GRAPHIC] [TIFF OMITTED] TR03FE99.054
Where x1 and s1 are expressed in pCi/g.
(4) Calculate the 95th percentile for the distribution, x*, using
the following equation:
[GRAPHIC] [TIFF OMITTED] TR03FE99.055
Where x* is expressed in pCi/g.
(5) If the purpose for removing phosphogypsum from a stack is for
distribution to commerce pursuant to Sec. 61.206, the owner or operator
of a phosphogypsum stack shall report the mean, standard deviation, 95th
percentile and sample size. If the purpose for removing phosphogypsum
from a stack is for distribution to commerce pursuant to Sec. 61.204,
the additional sampling procedures set forth in paragraphs (b) and (c)
of this section shall apply.
(b) Based on the values for x1 and x* calculated in
paragraphs paragraphs (a)(3) and (4) of this section, determine which of
the following conditions will be met:
[[Page 154]]
(1) If x1 <10 pCi/g and x* <=10 pCi/g; phosphogypsum may
be removed from this area of the stack for distribution in commerce
pursuant to Sec. 61.204.
(2) If x1, <10 pCi/g and x* 10 pCi/g, the
owner or operator may elect to follow the procedures for further
sampling set forth in paragraph (c) of this section:
(3) If x1 =10 pCi/g; phosphogypsum shall not
be removed from this area of the stack for distribution in commerce
pursuant to Sec. 61.204.
(c) If the owner or operator elects to conduct further sampling to
determine if phosphogypsum can be removed from this area of the stack,
the following procedure shall apply. The objective of the following
procedure is to demonstrate, with a 95% probability, that the
phosphogypsum from this area of the stack has a radium-226 concentration
no greater than 10 pCi/g. The procedure is iterative, the sample size
may have to be increased more than one time; otherwise the phosphogypsum
cannot be removed from this area of the stack for distribution to
commerce pursuant to Sec. 61.204.
(1)(i) Solve the following equation for the total number of samples
required:
[GRAPHIC] [TIFF OMITTED] TR03FE99.056
(ii) The sample size n2 shall be rounded upwards to the
next whole number. The number of additional samples needed is
nA = n2-n1.
(2) Obtain the necessary number of additional samples,
nA, which shall also be taken at regularly spaced intervals
across the surface of the location on the stack from which phosphogypsum
will be removed.
(3) Measure the radium-226 concentration of each of the
nA additional samples in accordance with the analytical
procedures described in 40 CFR part 61, appendix B, Method 114.
(4) Recalculate the mean and standard deviation of the entire set of
n2 radium-226 concentrations by joining this set of
nA concentrations with the n1 concentrations
previously measured. Use the formulas in paragraph (a)(3) of this
section, substituting the entire set of n2 samples in place
of the n1 samples called for in paragraph (a)(3) of this section,
thereby determining the mean, x2, and standard deviation,
s2, for the entire set of n2 concentrations.
(5) Repeat the procedure described in paragraph (a)(4) of this
section, substituting the recalculated mean, x2, for
x1, the recalculated standard deviation, s2, for
s1, and total sample size, n2, for n1.
(6) Repeat the procedure described in paragraph (b) of this section,
substituting the recalculated mean, x2 for x1.
[64 FR 5579, Feb. 3, 1999]
Sec. 61.208 Certification requirements.
(a)(1) The owner or operator of a stack from which phosphogypsum
will be removed and distributed in commerce pursuant to Sec. 61.204,
Sec. 61.205, or Sec. 61.206 shall prepare a certification document for
each quantity of phosphogypsum which is distributed in commerce which
includes:
(i) The name and address of the owner or operator;
(ii) The name and address of the purchaser or recipient of the
phosphogypsum;
(iii) The quantity of phosphogypsum, in kilograms or pounds sold or
transferred;
(iv) The date of sale or transfer;
(v) A description of the intended end-use for the phosphogypsum;
(vi) The average radium-226 concentration, in pCi/g (pCi/lb), of the
phosphogypsum, as determined pursuant to Sec. 61.207; and
(vii) The signature of the person who prepared the certification.
(2) The owner or operator shall retain the certification document
for five years from the date of sale or transfer, and shall produce the
document for inspection upon request by the Administrator, or his
authorized representative. The owner or operator shall also provide a
copy of the certification document to the purchaser or recipient.
(b)(1) Each distributor, retailer, or reseller who purchases or
receives phosphogypsum for subsequent resale or transfer shall prepare a
certification document for each quantity of phosphogypsum which is
resold or transferred which includes:
[[Page 155]]
(i) The name and address of the distributor, retailer, or reseller;
(ii) The name and address of the purchaser or recipient of the
phosphogypsum;
(iii) The quantity (in pounds) of phosphogypsum resold or
transferred;
(iv) The date of resale or transfer;
(v) A description of the intended end-use for the phosphogypsum;
(vi) A copy of each certification document which accompanied the
phosphogypsum at the time it was purchased or received by the
distributor, retailer, or reseller; and
(vii) The signature of the person who prepared the certification.
(2) The distributor, retailer, or reseller shall retain the
certification document for five years from the date of resale or
transfer, and shall produce the document for inspection upon request by
the Administrator, or his authorized representative. For every resale or
transfer of phosphogypsum to a person other than an agricultural end-
user, the distributor, retailer, or reseller shall also provide a copy
of the certification document to the purchaser or transferee.
[57 FR 23317, June 3, 1992, as amended at 65 FR 62158, Oct. 17, 2000]
Sec. 61.209 Required records.
(a) Each owner or operator of a phosphogypsum stack must maintain
records for each stack documenting the procedure used to verify
compliance with the flux standard in Sec. 61.202, including all
measurements, calculations, and analytical methods on which input
parameters were based. The required documentation shall be sufficient to
allow an independent auditor to verify the correctness of the
determination made concerning compliance of the stack with flux
standard.
(b) Each owner or operator of a phosphogypsum stack must maintain
records documenting the procedure used to determine average radium-226
concentration pursuant to Sec. 61.207, including all measurements,
calculations, and analytical methods on which input parameters were
based. The required documentation shall be sufficient to allow an
independent auditor to verify the accuracy of the radium-226
concentration.
(c) Each facility which uses phosphogypsum pursuant to Sec. 61.205
or Sec. 61.206 shall prepare records which include the following
information:
(1) The name and address of the person in charge of the activity
involving use of phosphogypsum.
(2) A description of each use of phosphogypsum, including the
handling and processing that the phosphogypsum underwent.
(3) The location of each site where each use of phosphogypsum
occurred, including the suite and/or building number, street, city,
county, state, and zip code.
(4) The mailing address of each facility using phosphogypsum, if
different from paragraph (c)(3) of this section.
(5) The date of each use of phosphogypsum.
(6) The quantity of phosphogypsum used.
(7) The certified average concentration of radium-226 for the
phosphogypsum which was used.
(8) A description of all measures taken to prevent the uncontrolled
release of phosphogypsum into the environment.
(9) A description of the disposition of any unused phosphogypsum.
(d) These records shall be retained by the facility for at least
five years from the date of use of the phosphogypsum and shall be
produced for inspection upon request by the Administrator, or his
authorized representative.
Sec. 61.210 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 S [Reserved]
Subpart T_National Emission Standards for Radon Emissions From the
Disposal of Uranium Mill Tailings
Source: 54 FR 51702, Dec. 15, 1989, unless otherwise noted.
[[Page 156]]
Sec. 61.220 Designation of facilities.
(a) The provisions of this subpart apply to owners and operators of
all sites that are used for the disposal of tailings, and that managed
residual radioactive material during and following the processing of
uranium ores, commonly referred to as uranium mills and their associated
tailings, that are listed in, or designated by the Secretary of Energy
under title I of the Uranium Mill Tailings Radiation Control Act of
1978, except Sec. 61.226 of this subpart which applies to owners and
operators of all sites that are regulated under title II of the Uranium
Mill Tailings Radiation Control Act of 1978.
(b) [Reserved]
[59 FR 36301, July 15, 1994]
Sec. 61.221 Definitions.
As used in this subpart, all terms not defined here have the
meanings given them in the Clean Air Act or subpart A of part 61. The
following terms shall have the following specific meanings:
(a) Long term stabilization means the addition of material on a
uranium mill tailings pile for the purpose of ensuring compliance with
the requirements of 40 CFR 192.02(a). These actions shall be considered
complete when the Nuclear Regulatory Commission determines that the
requirements of 40 CFR 192.02(a) have been met.
(b) Operational means a uranium mill tailings pile that is licensed
to accept additional tailings, and those tailings can be added without
violating subpart W or any other Federal, state or local rule or law. A
pile cannot be considered operational if it is filled to capacity or the
mill it accepts tailings from has been dismantled or otherwise
decommissioned.
(c) Residual radioactive materials shall have the same meaning as in
section 101(7) of the Uranium Mill Tailings Radiation Control Act of
1978, 42 U.S.C. 7911(7).
(d) Tailings shall have the same meaning as in section 101(8) of the
Uranium Mill Tailings Radiation Control Act of 1978, 42 U.S.C. 7911(8).
(e) In significant part means in a manner that is not reasonably
expected to materially (i.e., more than de minimis) interfere with
compliance with the 20 pCi/m\2\-s flux standard as expeditiously as
practicable considering technological feasibility (including factors
beyond the control of the licensee).
[54 FR 51702, Dec. 15, 1989, as amended at 59 FR 36301, July 15, 1994]
Sec. 61.222 Standard.
(a) Radon-222 emissions to the ambient air from uranium mill
tailings pile that are no longer operational shall not exceed 20 pCi/
(m\2\-sec) (1.9 pCi/(ft\2\-sec)) of radon-222.
(b) Once a uranium mill tailings pile or impoundment ceases to be
operational it must be disposed of and brought into compliance with this
standard within two years of the effective date of the standard. If it
is not physically possible for an owner or operator to complete disposal
within that time, EPA shall, after consultation with the owner or
operator, establish a compliance agreement which will assure that
disposal will be completed as quickly as possible.
[54 FR 51702, Dec. 15, 1989, as amended at 59 FR 36301, July 15, 1994;
65 FR 62158, Oct. 17, 2000]
Sec. 61.223 Compliance procedures.
(a) Sixty days following the completion of covering the pile to
limit radon emissions but prior to the long term stabilization of the
pile, the owners or operators of uranium mill tailings shall conduct
testing for all piles within the facility in accordance with the
procedures described in 40 CFR part 61, appendix B, Method 115, or other
procedures for which EPA has granted prior approval.
(b) Ninety days after the testing is required, each facility shall
provide EPA with a report detailing the actions taken and the results of
the radon-222 flux testing. EPA shall be notified at least 30 days prior
to an emission test so that EPA may, at its option, observe the test. If
meteorological conditions are such that a test cannot be properly
conducted, then the owner or operator shall notify EPA and test as soon
as conditions permit. Each report shall also include the following
information:
(1) The name and location of the facility.
[[Page 157]]
(2) A list of the piles at the facility.
(3) A description of the control measures taken to decrease the
radon flux from the source and any actions taken to insure the long term
effectiveness of the control measures.
(4) The results of the testing conducted, including the results of
each measurement.
(5) Each report shall be signed and dated by a 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 year long measurements are made in accordance with Method 115
of appendix B of part 61, this report shall include the results of the
first measurement period and provide a schedule for the measurement
frequency to be used. An additional report shall be submitted ninety
days after completion of the final measurements.
(d) If long term stabilization has begun before the effective date
of the rule then testing may be conducted at any time, up to 60 days
after the long term stabilization is completed.
(e) If the testing demonstrates that the pile meets the requirement
of Sec. 61.222(a) and long term stabilization has been completed then
the pile is considered disposed for purposes of this rule.
[54 FR 51702, Dec. 15, 1989, as amended at 59 FR 36302, July 15, 1994]
Sec. 61.224 Recordkeeping requirements.
The owner or operator 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. The
Administrator shall be kept apprised of the location of these records
and the records must be kept for at least five years and upon request be
made available for inspection by the Administrator, or his authorized
representative.
Sec. 61.225 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.
Sec. 61.226 Reconsideration of rescission and reinstatement of this
subpart.
(a) Reinstatement of this subpart upon completion of reconsideration
of rescission. (1) The Administrator shall reinstate 40 CFR part 61,
subpart T as applied to owners and operators of non-operational uranium
mill tailings disposal sites that are licensed by the NRC or an affected
Agreement State if the Administrator determines by rulemaking, based on
the record, that NRC or an affected Agreement State has:
(i) Failed on a programmatic basis to implement and enforce, in
significant part, the regulations governing the disposal of uranium mill
tailings promulgated by EPA and NRC or the tailings closure plan (radon)
(i.e., contained in the license) requirements establishing milestones
for the purpose of emplacing a permanent radon barrier that will achieve
compliance with the 20 pCi/m \2\-s flux standard; and
(ii) Those failures may reasonably be anticipated to significantly
interfere (i.e., more than de minimis) with the timely emplacement of a
permanent radon barrier constructed to achieve compliance with the 20
pCi/m \2\-s flux standard at the uranium mill tailings disposal site.
(2) The Administrator shall reinstate 40 CFR part 61, subpart T on a
site-specific basis as applied to owners and operators of non-
operational uranium mill tailings disposal sites that are licensed by
the NRC or an affected Agreement State if the Administrator determines
by rulemaking, based on the record:
[[Page 158]]
(i) That NRC or an affected Agreement State has failed in
significant part on a site-specific basis to achieve compliance by the
operator of the site or sites with applicable license requirements,
regulations, or standards implemented by NRC and the affected Agreement
States; and
(ii) Those failures may reasonably be anticipated to significantly
interfere (i.e., more than de minimis) with the timely emplacement of a
permanent radon barrier constructed to achieve compliance with the 20
pCi/m \2\-s flux standard at the uranium mill tailings disposal site.
(3) Upon completion of the reconsideration of rescission pursuant to
Sec. 61.226(c) the Administrator may issue a finding that reinstatement
of this subpart is not appropriate if the Administrator finds:
(i) NRC and the affected Agreement States are on a programmatic
basis implementing and enforcing, in significant part, the regulations
governing the disposal of uranium mill tailings promulgated by EPA and
NRC or the tailings closure plan (radon) (i.e., contained in the
license) requirements establishing milestones for the purpose of
emplacing a permanent radon barrier that will achieve compliance with
the 20 pCi/m \2\-s flux standard; or
(ii) NRC or an affected Agreement State are on a site-specific
basis, in significant part, achieving compliance by the operator of the
site or sites with applicable license requirements, regulations, or
standards implemented by NRC and the affected Agreement States.
(b) Procedures to petition for reconsideration of rescission of this
subpart. (1) A person may petition the Administrator to reconsider the
rescission and seek reinstatement of this subpart under Sec. 61.226(a).
(2) EPA shall summarily dismiss a petition to reconsider rescission
and seek reinstatement of this subpart under Sec. 61.226(a)(1)
(programmatic basis), without prejudice, unless the petitioner
demonstrates that written notice of the alleged failure(s) was provided
to NRC at least 60 days before filing the petition with EPA. This
notification shall include a statement of the grounds for such a
petition and this notice requirement may be satisfied by, but is not
limited to, submissions or pleadings submitted to NRC during a
proceeding conducted by NRC.
(3) EPA shall summarily dismiss a petition to reconsider rescission
and seek reinstatement of this subpart under Sec. 61.226(a)(2) (site-
specific basis), without prejudice, unless the petitioner demonstrates
that a written request was made to NRC or an affected Agreement State
for enforcement or other relief at least 60 days before filing its
petition with EPA, and unless the petitioner alleges that NRC or the
affected Agreement State failed to respond to such request by taking
action, as necessary, to assure timely implementation and enforcement of
the 20 pCi/m \2\-s flux standard.
(4) Upon receipt of a petition under Sec. 61.226(b)(1) that is not
dismissed under Sec. 61.226(b)(2) or (b)(3), EPA will propose to grant
or deny an authorized petition to reconsider, take comments on the
Agency's proposed action, and take final action granting or denying such
petition to reconsider within 300 days of receipt.
(c) Reconsideration of rescission of this subpart initiated by the
Administrator. (1) The Administrator may initiate reconsideration of the
rescission and reinstatement of this subpart as applied to owners and
operators of non-operational uranium mill tailings disposal sites if EPA
has reason to believe that NRC or an affected Agreement State has failed
to implement and enforce, in significant part, the regulations governing
the disposal of uranium mill tailings promulgated by EPA and NRC or the
tailings closure plan (radon) requirements establishing milestones for
the purpose of emplacing a permanent radon barrier that will achieve
compliance with the 20 pCi/m \2\-s flux standard.
(2) Before the Administrator initiates reconsideration of the
rescission and reinstatement of this subpart under Sec. 61.226(c)(1),
EPA shall consult with NRC to address EPA's concerns and if the
consultation does not resolve the concerns, EPA shall provide NRC with
60 days notice of the Agency's intent to initiate rulemaking to
reinstate this subpart.
[59 FR 36302, July 15, 1994]
[[Page 159]]
Subpart U [Reserved]
Subpart V_National Emission Standard for Equipment Leaks (Fugitive
Emission Sources)
Source: 49 FR 23513, June 6, 1984, unless otherwise noted.
Sec. 61.240 Applicability and designation of sources.
(a) The provisions of this subpart apply to each of the following
sources that are intended to operate in volatile hazardous air pollutant
(VHAP) service: pumps, compressors, pressure relief devices, sampling
connection systems, open-ended valves or lines, valves, connectors,
surge control vessels, bottoms receivers, and control devices or systems
required by this subpart.
(b) The provisions of this subpart apply to the sources listed in
paragraph (a) after the date of promulgation of a specific subpart in
part 61.
(c) 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.
(d) Alternative means of compliance--(1) Option to comply with part
65. Owners or operators may choose to comply with 40 CFR part 65 to
satisfy the requirements of Sec. Sec. 61.242-1 through 61.247 for
equipment that is subject to this subpart and that is part of the same
process unit. When choosing to comply with 40 CFR part 65, the
requirements of Sec. Sec. 61.245(d) and 61.246(i) and (j) still apply.
Other provisions applying to owners or operators who choose to comply
with 40 CFR part 65 are provided in 40 CFR 65.1.
(2) Part 65, subpart C or F. For owners or operators choosing to
comply with 40 CFR part 65, each surge control vessel and bottoms
receiver subject to this subpart that meets the conditions specified in
table 1 or table 2 of this subpart shall meet the requirements for
storage vessels in 40 CFR part 65, subpart C; all other equipment
subject to this subpart shall meet the requirements in 40 CFR part 65,
subpart F.
(3) Part 61, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C or F, must also comply with Sec. Sec.
61.01, 61.02, 61.05 through 61.08, 61.10(b) through (d), 61.11, and
61.15 for that equipment. All sections and paragraphs of subpart A of
this part that are not mentioned in this paragraph (d)(3) do not apply
to owners or operators of equipment subject to this subpart complying
with 40 CFR part 65, subpart C or F, except that provisions required to
be met prior to implementing 40 CFR part 65 still apply. Owners and
operators who choose to comply with 40 CFR part 65, subpart C or F, must
comply with 40 CFR part 65, subpart A.
(4) Rules referencing this subpart. Owners or operators referenced
to this subpart from subpart F or J of this part may choose to comply
with 40 CFR part 65 for all equipment listed in paragraph (a) of this
section.
[49 FR 23513, June 6, 1984, as amended at 65 FR 78280, Dec. 14, 2000]
Sec. 61.241 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 specific
subparts of part 61; and the following terms shall have specific meaning
given them:
Bottoms receiver means a tank that collects distillation bottoms
before the stream is sent for storage or for further downstream
processing.
Closed-vent system means a system that is not open to atmosphere and
that is composed of hard-piping, ductwork, connections, and, if
necessary, flow-inducing devices that transport gas or vapor from a
piece or pieces of equipment to a control device or back to a process.
Connector means flanged, screwed, welded, or other joined fittings
used to connect two pipe lines or a pipe line and a piece of equipment.
For the purpose of reporting and recordkeeping, connector means flanged
fittings that are not covered by insulation or other materials that
prevent location of the fittings.
Control device means an enclosed combustion device, vapor recovery
system, or flare.
Double block and bleed system means two block valves connected in
series
[[Page 160]]
with a bleed valve or line that can vent the line between the two block
valves.
Duct work means a conveyance system such as those commonly used for
heating and ventilation systems. It is often made of sheet metal and
often has sections connected by screws or crimping. Hard-piping is not
ductwork.
Equipment means each pump, compressor, pressure relief device,
sampling connection system, open-ended valve or line, valve, connector,
surge control vessel, bottoms receiver in VHAP service, and any control
devices or systems required by this subpart.
First attempt at repair means to take rapid action for the purpose
of stopping or reducing leakage of organic material to atmosphere using
best practices.
In gas/vapor service means that a piece of equipment contains
process fluid that is in the gaseous state at operating conditions.
Fuel gas means gases that are combusted to derive useful work or
heat.
Fuel gas system means the offsite and onsite piping and flow and
pressure control system that gathers gaseous stream(s) generated by
onsite operations, may blend them with other sources of gas, and
transports the gaseous stream for use as fuel gas in combustion devices
or in-process combustion equipment, such as furnaces and gas turbines,
either singly or in combination.
Hard-piping means pipe or tubing that is manufactured and properly
installed using good engineering judgement and standards such as ASME
B31.3, Process Piping (available from the American Society of Mechanical
Engineers, PO Box 2900, Fairfield, NJ 07007-2900).
In liquid service means that a piece of equipment is not in gas/
vapor service.
In-situ sampling systems means nonextractive samplers or in-line
samplers.
In vacuum service means that equipment is operating at an internal
pressure which is at least 5 kilopascals (kPa) (0.7 psia) below ambient
pressure.
In VHAP service means that a piece of equipment either contains or
contacts a fluid (liquid or gas) that is at least 10 percent by weight a
volatile hazardous air pollutant (VHAP) 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 VHAP
service.
In VOC service means, for the purposes of this subpart, that (a) the
piece of equipment contains or contacts a process fluid that is at least
10 percent VOC by weight (see 40 CFR 60.2 for the definition of volatile
organic compound or VOC and 40 CFR 60.485(d) to determine whether a
piece of equipment is not in VOC service) and (b) the piece of equipment
is not in heavy liquid service as defined in 40 CFR 60.481.
Maximum true vapor pressure means the equilibrium partial pressure
exerted by the total VHAP in the stored or transferred liquid at the
temperature equal to the highest calendar-month average of the liquid
storage or transfer temperature for liquids stored or transferred above
or below the ambient temperature or at the local maximum monthly average
temperature as reported by the National Weather Service for liquids
stored or transferred at the ambient temperature, as determined:
(1) In accordance with methods described in American Petroleum
Institute Publication 2517, Evaporative Loss From External Floating-Roof
Tanks (incorporated by reference as specified in Sec. 61.18); or
(2) As obtained from standard reference texts; or
(3) As determined by the American Society for Testing and Materials
Method D2879-83, Standard Test Method for Vapor Pressure-Temperature
Relationship and Initial Decomposition Temperature of Liquids by
Isoteniscope (incorporated by reference as specified in Sec. 61.18); or
(4) Any other method approved by the Administrator.
Open-ended valve or line means any valve, except pressure relief
valves, having one side of the valve seat in contact with process fluid
and one side open to atmosphere, either directly or through open piping.
Pressure release means the emission of materials resulting from the
system pressure being greater than the set pressure of the pressure
relief device.
[[Page 161]]
Process unit means equipment assembled to produce a VHAP or its
derivatives as intermediates or final products, or equipment assembled
to use a VHAP in the production of a product. A process unit can operate
independently if supplied with sufficient feed or raw materials and
sufficient product storage facilities.
Process unit shutdown means a work practice or operational procedure
that stops production from a process unit or part of a process unit. An
unscheduled work practice or operational procedure that stops production
from a process unit or part of a process unit for less than 24 hours is
not a process unit shutdown. The use of spare equipment and technically
feasible bypassing of equipment without stopping production are not
process unit shutdowns.
Repaired means that equipment is adjusted, or otherwise altered, to
eliminate a leak.
Sampling connection system means an assembly of equipment within a
process unit used during periods of representative operation to take
samples of the process fluid. Equipment used to take non-routine grab
samples is not considered a sampling connection system.
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 the effective date of a specific subpart that references this
subpart for existing sources.
Sensor means a device that measures a physical quantity or the
change in a physical quantity, such as temperature, pressure, flow rate,
pH, or liquid level.
Stuffing box pressure means the fluid (liquid or gas) pressure
inside the casing or housing of a piece of equipment, on the process
side of the inboard seal.
Surge control vessel means feed drums, recycle drums, and
intermediate vessels. Surge control vessels are used within a process
unit when in-process storage, mixing, or management of flow rates of
volumes is needed on a recurring or ongoing basis to assist in
production of a product.
Volatile hazardous air pollutant or VHAP means a substance regulated
under this part for which a standard for equipment leaks of the
substance has been proposed and promulgated. Benzene is a VHAP. Vinyl
chloride is a VHAP.
[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984, as amended at 51
FR 34915, Sept. 30, 1986; 54 FR 38076, Sept. 14, 1989; 65 FR 62158, Oct.
17, 2000; 65 FR 78280, Dec. 14, 2000]
Sec. 61.242-1 Standards: General.
(a) Each owner or operator subject to the provisions of this subpart
shall demonstrate compliance with the requirements of Sec. Sec. 61.242-
1 to 61.242-11 for each new and existing source as required in 40 CFR
61.05, except as provided in Sec. Sec. 61.243 and 61.244.
(b) Compliance with this subpart will be detemined by review of
records, review of performance test results, and inspection using the
methods and procedures specified in Sec. 61.245.
(c)(1) An owner or operator may request a determination of
alternative means of emission limitation to the requirements of
Sec. Sec. 61.242-2, 61.242-3, 61.242-5, 61.242-6, 61.242-7, 61.242-8,
61.242-9 and 61.242-11 as provided in Sec. 61.244.
(2) If the Administrator makes a determination that a means of
emission limitation is at least a permissible alternative to the
requirements of Sec. 61.242-2, 61.242-3, 61.242-5, 61.242-6, 61.242-7,
61.242-8, 61.242-9 or 61.242-11, an owner or operator shall comply with
the requirements of that determination.
(d) Each piece of equipment to which this subpart applies shall be
marked in such a manner that it can be distinquished readily from other
pieces of equipment.
(e) Equipment that is in vacuum service is excluded from the
requirements of Sec. 61.242-2, to Sec. 61.242-11 if it is identified
as required in Sec. 61.246(e)(5).
[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984]
Sec. 61.242-2 Standards: Pumps.
(a)(1) Each pump shall be monitored monthly to detect leaks by the
methods specified in Sec. 61.245(b), except as provided in Sec.
61.242-1(c) and paragraphs (d), (e), (f) and (g) of this section.
[[Page 162]]
(2) Each pump shall be checked by visual inspection each calendar
week for indications of liquids dripping from the pump seal.
(b)(1) If an instrument reading of 10,000 ppm or greater is
measured, a leak is detected.
(2) If there are indications of liquids dripping from the pump seal,
a leak is detected.
(c)(1) 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.
(2) A first attempt at repair shall be made no later than 5 calendar
days after each leak is detected.
(d) Each pump equipped with a dual mechanical seal system that
includes a barrier fluid system is exempt from the requirements of
paragraphs (a) and (b) of this section, provided the following
requirements are met:
(1) Each dual mechanical seal system is:
(i) Operated with the barrier fluid at a pressure that is at all
times greater than the pump stuffing box pressure; or
(ii) Equipped with a barrier fluid degassing reservoir that is
routed to a process or fuel gas system or 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 VHAP emissions to atmosphere.
(2) The barrier fluid is not in VHAP service and, if the pump is
covered by standards under 40 CFR part 60, is not in VOC service.
(3) Each barrier fluid system is equipped with a sensor that will
detect failure of the seal system, the barrier fluid system, or both.
(4) Each pump is checked by visual inspection each calendar week for
indications of liquids dripping from the pump seal.
(i) If there are indications of liquid dripping from the pump seal
at the time of the weekly inspection, the pump shall be monitored as
specified in Sec. 61.245 to determine the presence of VOC and VHAP in
the barrier fluid.
(ii) If the monitor reading (taking into account any background
readings) indicates the presence of VHAP, a leak is detected. For the
purpose of this paragraph, the monitor may be calibrated with VHAP, or
may employ a gas chromatography column to limit the response of the
monitor to VHAP, at the option of the owner or operator.
(iii) If an instrument reading of 10,000 ppm or greater (total VOC)
is measured, a leak is detected.
(5) Each sensor as described in paragraph (d)(3) of this section is
checked daily or is equipped with an audible alarm.
(6)(i) The owner or operator determines, based on design
considerations and operating experience, criteria applicable to the
presence and frequency of drips and to the sensor that indicates failure
of the seal system, the barrier fluid system, or both.
(ii) If indications of liquids dripping from the pump seal exceed
the criteria established in paragraph (d)(6)(i) of this section, or if,
based on the criteria established in paragraph (d)(6)(i) of this
section, the sensor indicates failure of the seal system, the barrier
fluid system, or both, a leak is detected.
(iii) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after it is detected,
except as provided in Sec. 61.242-10.
(iv) A first attempt at repair shall be made no later than five
calendar days after each leak is detected.
(e) Any pump that is designated, as described in Sec. 61.246(e)(2),
for no detectable emissions, as indicated by an instrument reading of
less than 500 ppm above background, is exempt from the requirements of
paragraphs (a), (c), and (d) if the pump:
(1) Has no externally actuated shaft penetrating the pump housing,
(2) 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 method specified in Sec. 61.245(c), and
(3) Is tested for compliance with paragraph (e)(2) initially upon
designation, annually, and at other times requested by the
Administrator.
(f) If any pump is equipped with a closed-vent system capable of
capturing and transporting any leakage
[[Page 163]]
from the seal or seals to a process or fuel gas system or to a control
device that complies with the requirements of Sec. 61.242-11, it is
exempt from the requirements of paragraphs (a) through (e) of this
section.
(g) Any pump that is designated, as described in Sec. 61.246(f)(1),
as an unsafe-to-monitor pump is exempt from the monitoring and
inspection requirements of paragraphs (a) and (d)(4) through (6) of this
section if:
(1) The owner or operator of the pump demonstrates that the pump is
unsafe-to-monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraph (a) of
this section; and
(2) The owner or operator of the pump has a written plan that
requires monitoring of the pump as frequently as practicable during
safe-to-monitor times but not more frequently than the periodic
monitoring schedule otherwise applicable, and repair of the equipment
according to the procedures in paragraph (c) of this section if a leak
is detected.
(h) Any pump that is located within the boundary of an unmanned
plant site is exempt from the weekly visual inspection requirement of
paragraphs (a)(2) and (d)(4) of this section, and the daily requirements
of paragraph (d)(5) of this section, provided that each pump is visually
inspected as often as practicable and at least monthly.
[49 FR 23513, June 6, 1984, as amended at 49 FR 38946, Oct. 2, 1984; 55
FR 28349, July 10, 1990; 65 FR 78281, Dec. 14, 2000]
Sec. 61.242-3 Standards: Compressors.
(a) Each compressor shall be equipped with a seal system that
includes a barrier fluid system and that prevents leakage of process
fluid to atmosphere, except as provided in Sec. 61.242-1(c) and
paragraphs (h) and (i) of this section.
(b) Each compressor seal system as required in paragraph (a) shall
be:
(1) Operated with the barrier fluid at a pressure that is greater
than the compressor stuffing box pressure; or
(2) Equipped with a barrier fluid system degassing reservoir that is
routed to a process or fuel gas system or connected by a closed-vent
system to a control device that complies with the requirements of Sec.
61.242-11; or
(3) Equipped with a system that purges the barrier fluid into a
process stream with zero VHAP emissions to atmosphere.
(c) The barrier fluid shall not be in VHAP service and, if the
compressor is covered by standards under 40 CFR part 60, shall not be in
VOC service.
(d) Each barrier fluid system as described in paragraphs (a)-(c) of
this section shall be equipped with a sensor that will detect failure of
the seal system, barrier fluid system, or both.
(e)(1) Each sensor as required in paragraph (d) of this section
shall be checked daily or shall be equipped with an audible alarm unless
the compressor is located within the boundary of an unmanned plant site.
(2) 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.
(f) If the sensor indicates failure of the seal system, the barrier
fluid system, or both based on the criterion determined under paragraph
(e)(2) of this section, a leak is detected.
(g)(1) 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.
(2) A first attempt at repair shall be made no later than 5 calendar
days after eack leak is detected.
(h) A compressor is exempt from the requirements of paragraphs (a)
and (b) of this section if it is equipped with a closed-vent system to
capture and transport leakage from the compressor drive shaft back to a
process or fuel gas system or to a control device that complies with the
requirements of Sec. 61.242-11, except as provided in paragraph (i) of
this section.
(i) Any Compressor that is designated, as described in Sec.
61.246(e)(2), for no detectable emission as indicated by an instrument
reading of less than 500 ppm above background is exempt from the
requirements of paragraphs (a)-(h) if the compressor:
(1) Is demonstrated to be operating with no detectable emissions, as
indicated by an instrument reading of less
[[Page 164]]
than 500 ppm above background, as measured by the method specified in
Sec. 61.245(c); and
(2) Is tested for compliance with paragraph (i)(1) initially upon
designation, annually, and at other times requested by the
Administrator.
[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984, as amended at 65
FR 78281, Dec. 14, 2000]
Sec. 61.242-4 Standards: Pressure relief devices in gas/vapor
service.
(a) Except during pressure releases, each pressure relief device in
gas/vapor service shall be operated with no detectable emissions, as
indicated by an instrument reading of less than 500 ppm above
background, as measured by the method specified in Sec. 61.245(c).
(b)(1) After each pressure release, the pressure relief device shall
be returned to a condition of no detectable emissions, as indicated by
an instrument reading of less than 500 ppm above background, as soon as
practicable, but no later than 5 calendar days after each pressure
release, except as provided in Sec. 61.242-10.
(2) No later than 5 calendar days after the pressure release, the
pressure relief device shall be monitored to confirm the condition of no
detectable emissions, as indicated by an instrument reading of less than
500 ppm above background, as measured by the method specified in Sec.
61.245(c).
(c) Any pressure relief device that is routed to a process or fuel
gas system or equipped with a closed-vent system capable of capturing
and transporting leakage from the pressure relief device to a control
device as described in Sec. 61.242-11 is exempt from the requirements
of paragraphs (a) and (b) of this section.
(d)(1) Any pressure relief device that is equipped with a rupture
disk upstream of the pressure relief device is exempt from the
requirements of paragraphs (a) and (b) of this section, provided the
owner or operator complies with the requirements in paragraph (d)(2) of
this section.
(2) After each pressure release, a new rupture disk shall be
installed upstream of the pressure relief device as soon as practicable,
but no later than 5 calendar days after each pressure release, except as
provided in Sec. 61.242-10.
[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984, as amended at 65
FR 78281, Dec. 14, 2000]
Sec. 61.242-5 Standards: Sampling connecting systems.
(a) Each sampling connection system shall be equipped with a closed-
purge, closed-loop, or closed vent system, except as provided in Sec.
61.242-1(c). Gases displaced during filling of the sample container are
not required to be collected or captured.
(b) Each closed-purge, closed-loop, or closed vent system as
required in paragraph (a) of this section shall comply with the
requirements specified in paragraphs (b)(1) through (4) of this section:
(1) Return the purged process fluid directly to the process line; or
(2) Collect and recycle the purged process fluid; or
(3) Be designed and operated to capture and transport all the purged
process fluid to a control device that complies with the requirements of
Sec. 61.242-11; or
(4) Collect, store, and transport the purged process fluid to any of
the following systems or facilities:
(i) A waste management unit as defined in 40 CFR 63.111 if the waste
management unit is subject to and operated in compliance with the
provisions of 40 CFR part 63, subpart G, applicable to Group 1
wastewater streams; or
(ii) A treatment, storage, or disposal facility subject to
regulation under 40 CFR part 262, 264, 265, or 266; or
(iii) A facility permitted, licensed, or registered by a State to
manage municipal or industrial solid waste, if the process fluids are
not hazardous waste as defined in 40 CFR part 261.
(c) In-situ sampling systems and sampling systems without purges are
exempt from the requirements of paragraphs (a) and (b) of this section.
[65 FR 78281, Dec. 14, 2000]
Sec. 61.242-6 Standards: Open-ended valves or lines.
(a)(1) Each open-ended valve or line shall be equipped with a cap,
blind flange, plug, or a second valve, except as provided in Sec.
61.242-1(c).
[[Page 165]]
(2) The cap, blind flange, plug, or second valve shall seal the open
end at all times except during operations requiring process fluid flow
through the open-ended valve or line.
(b) Each open-ended valve or line equipped with a second valve shall
be operated in a manner such that the valve on the process fluid end is
closed before the second valve is closed.
(c) When a double block and bleed system is being used, the bleed
valve or line may remain open during operations that require venting the
line between the block valves but shall comply with paragraph (a) at all
other times.
(d) Open-ended valves or lines in an emergency shutdown system which
are designed to open automatically in the event of a process upset are
exempt from the requirements of paragraphs (a), (b) and (c) of this
section.
(e) Open-ended valves or lines containing materials which would
autocatalytically polymerize or would present an explosion, serious
overpressure, or other safety hazard if capped or equipped with a double
block and bleed system as specified in paragraphs (a) through (c) of
this section are exempt from the requirements of paragraphs (a) through
(c) of this section.
[49 FR 23513, June 6, 1984, as amended at 65 FR 78282, Dec. 14, 2000]
Sec. 61.242-7 Standards: Valves.
(a) Each valve shall be monitored monthly to detect leaks by the
method specified in Sec. 61.245(b) and shall comply with paragraphs
(b)-(e), except as provided in paragraphs (f), (g), and (h) of this
section, Sec. 61.243-1 or Sec. 61.243-2, and Sec. 61.242-1(c).
(b) If an instrument reading of 10,000 ppm or greater is measured, a
leak is detected.
(c)(1) Any valve for which a leak is not detected for 2 successive
months may be monitored the first month of every quarter, beginning with
the next quarter, until a leak is detected.
(2) If a leak is detected, the valve shall be monitored monthly
until a leak is not detected for 2 successive months.
(d)(1) When a leak is detected, it shall be repaired as soon as
practicable, but no later than 15 calendar days after the leak is
detected, except as provided in Sec. 61.242-10.
(2) A first attempt at repair shall be made no later than 5 calendar
days after each leak is detected.
(e) First attempts at repair include, but are not limited to, the
following best practices where practicable:
(1) Tightening of bonnet bolts;
(2) Replacement of bonnet bolts;
(3) Tightening of packing gland nuts; and
(4) Injection of lubricant into lubricated packing.
(f) Any valve that is designated, as described in Sec.
61.246(e)(2), for no detectable emissions, as indicated by an instrument
reading of less than 500 ppm above background, is exempt from the
requirements of paragraph (a) if the valve:
(1) Has no external actuating mechanism in contact with the process
fluid;
(2) Is operated with emissions less than 500 ppm above background,
as measured by the method specified in Sec. 61.245(c); and
(3) Is tested for compliance with paragraph (f)(2) initially upon
designation, annually, and at other times requested by the
Administrator.
(g) Any valve that is designated, as described in Sec.
61.246(f)(1), as an unsafe-to-monitor valve is exempt from the
requirements of paragraph (a) if:
(1) The owner or operator of the valve demonstrates that the valve
is unsafe to monitor because monitoring personnel would be exposed to an
immediate danger as a consequence of complying with paragraph (a); and
(2) The owner or operator of the valve has a written plan that
requires monitoring of the valve as frequent as practicable during safe-
to-monitor times.
(h) Any valve that is designated, as described in Sec.
61.246(f)(2), as a difficult-to-monitor valve is exempt from the
requirements of paragraph (a) if:
(1) The owner or operator of the valve demonstrates that the valve
cannot be monitored without elevating the monitoring personnel more than
2 meters above a support surface;
(2) The process unit within which the valve is located is an
existing process unit; and
[[Page 166]]
(3) The owner or operator of the valve follows a written plan that
requires monitoring of the valve at least once per calendar year.
Sec. 61.242-8 Standards: Pressure relief services in liquid service
and connectors.
(a) If evidence of a potential leak is found by visual, audible,
olfactory, or any other detection method at pressure relief devices in
liquid service and connectors, the owner or operator shall follow either
one of the following procedures, except as provided in Sec. 61.242-
1(c):
(1) The owner or operator shall monitor the equipment within 5 days
by the method specified in Sec. 61.245(b) and shall comply with the
requirements of paragraphs (b) through (d) of this section.
(2) The owner or operator shall eliminate the visual, audible,
olfactory, or other indication of a potential leak.
(b) If an instrument reading of 10,000 ppm or greater is measured, a
leak is detected.
(c)(1) 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.
(2) The first attempt at repair shall be made no later than 5
calendar days after each leak is detected.
(d) First attempts at repair include, but are not limited to, the
best practices described under Sec. 61.242-7(e).
[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984, as amended at 65
FR 78282, Dec. 14, 2000]
Sec. 61.242-9 Standards: Surge control vessels and bottoms receivers.
Each surge control vessel or bottoms receiver that is not routed
back to the process and that meets the conditions specified in table 1
or table 2 of this subpart shall be equipped with a closed-vent system
capable of capturing and transporting any leakage from the vessel back
to the process or to a control device as described in Sec. 61.242-11,
except as provided in Sec. 61.242-1(c); or comply with the requirements
of 40 CFR 63.119(b) or (c).
[65 FR 78282, Dec. 14, 2000]
Sec. 61.242-10 Standards: Delay of repair.
(a) Delay of repair of equipment for which leaks have been detected
will be allowed if repair within 15 days is technically infeasible
without a process unit shutdown. Repair of this equipment shall occur
before the end of the next process unit shutdown.
(b) Delay of repair of equipment for which leaks have been detected
will be allowed for equipment that is isolated from the process and that
does not remain in VHAP service.
(c) Delay of repair for valves will be allowed if:
(1) The owner or operator demonstrates that emissions of purged
material resulting from immediate repair are greater than the fugitive
emissions likely to result from delay of repair, and
(2) When repair procedures are effected, the purged material is
collected and destroyed or recovered in a control device complying with
Sec. 61.242-11.
(d) Delay of repair for pumps will be allowed if:
(1) Repair requires the use of a dual mechanical seal system that
includes a barrier fluid system, and
(2) Repair is completed as soon as practicable, but not later than 6
months after the leak was detected.
(e) Delay of repair beyond a process unit shutdown will be allowed
for a valve if valve assembly replacement is necessary during the
process unit shutdown, valve assembly supplies have been depleted, and
valve assembly supplies had been sufficiently stocked before the
supplies were depleted. Delay of repair beyond the next process unit
shutdown will not be allowed unless the next process unit shutdown
occurs sooner than 6 months after the first process unit shutdown.
[49 FR 23513, June 6, 1984, as amended at 65 FR 78282, Dec. 14, 2000]
Sec. 61.242-11 Standards: Closed-vent systems and control devices.
(a) Owners or operators of closed-vent systems and control devices
used to comply with provisions of this subpart shall comply with the
provisions of this section, except as provided in Sec. 61.242-1(c).
(b) Vapor recovery systems (for example, condensers and absorbers)
shall
[[Page 167]]
be designed and operated to recover the organic vapors vented to them
with an efficiency of 95 percent or greater, or to an exit concentration
of 20 parts per million by volume, whichever is less stringent.
(c) Enclosed combustion devices shall be designed and operated to
reduce the VHAP emissions vented to them with an efficiency of 95
percent or greater, or to an exit concentration of 20 parts per million
by volume, on a dry basis, corrected to 3 percent oxygen, whichever is
less stringent, or to provide a minimum residence time of 0.50 seconds
at a minimum temperature of 760 [deg]C.
(d) Flares shall used to comply with this subpart shall comply with
the requirements of Sec. 60.18.
(e) Owners or operators of control devices that are used to comply
with the provisions of this subpart shall monitor these control devices
to ensure that they are operated and maintained in conformance with
their design.
(f) Except as provided in paragraphs (i) through (k) of this
section, each closed vent system shall be inspected according to the
procedures and schedule specified in paragraph (f)(1) or (2) of this
section, as applicable.
(1) If the vapor collection system or closed vent system is
constructed of hard-piping, the owner or operator shall comply with the
following requirements:
(i) Conduct an initial inspection according to the procedures in
Sec. 61.245(b); and
(ii) Conduct annual visual inspections for visible, audible, or
olfactory indications of leaks.
(2) If the vapor collection system or closed vent system is
constructed of ductwork, the owner or operator shall:
(i) Conduct an initial inspection according to the procedures in
Sec. 61.245(b); and
(ii) Conduct annual inspections according to the procedures in Sec.
61.245(b).
(g) Leaks, as indicated by an instrument reading greater than 500
parts per million by volume above background or by visual inspections,
shall be repaired as soon as practicable except as provided in paragraph
(h) of this section.
(1) A first attempt at repair shall be made no later than 5 calendar
days after the leak is detected.
(2) Repair shall be completed no later than 15 calendar days after
the leak is detected.
(h) Delay of repair of a closed vent system for which leaks have
been detected is allowed if the repair is technically infeasible without
a process unit shutdown, or if the owner or operator determines that
emissions resulting from immediate repair would be greater than the
fugitive emissions likely to result from delay of repair. Repair of such
equipment shall be complete by the end of the next process unit
shutdown.
(i) If a vapor collection system or closed vent system is operated
under a vacuum, it is exempt from the inspection requirements of
paragraphs (f)(1)(i) and (2) of this section.
(j) Any parts of the closed vent system that are designated, as
described in paragraph (l)(1) of this section, as unsafe-to-inspect are
exempt from the inspection requirements of paragraphs (f)(1)(i) and (2)
of this section if they comply with the following requirements:
(1) The owner or operator determines that the equipment is unsafe-
to-inspect because inspecting personnel would be exposed to an imminent
or potential danger as a consequence of complying with paragraph
(f)(1)(i) or (2) of this section; and
(2) The owner or operator has a written plan that requires
inspection of the equipment as frequently as practicable during safe-to-
inspect times.
(k) Any parts of the closed vent system that are designated, as
described in paragraph (l)(2) of this section, as difficult-to-inspect
are exempt from the inspection requirements of paragraphs (f)(1)(i) and
(2) of this section if they comply with the following requirements:
(1) The owner or operator determines that the equipment cannot be
inspected without elevating the inspecting personnel more than 2 meters
above a support surface; and
(2) The owner or operator has a written plan that requires
inspection of the equipment at least once every 5 years. A closed vent
system is exempt from
[[Page 168]]
inspection if it is operated under a vacuum.
(l) The owner or operator shall record the following information:
(1) Identification of all parts of the closed vent system that are
designated as unsafe-to-inspect, an explanation of why the equipment is
unsafe-to-inspect, and the plan for inspecting the equipment.
(2) Identification of all parts of the closed vent system that are
designated as difficult-to-inspect, an explanation of why the equipment
is difficult-to-inspect, and the plan for inspecting the equipment.
(3) For each inspection during which a leak is detected, a record of
the information specified in Sec. 61.246(c).
(4) For each inspection conducted in accordance with Sec. 61.245(b)
during which no leaks are detected, a record that the inspection was
performed, the date of the inspection, and a statement that no leaks
were detected.
(5) For each visual inspection conducted in accordance with
paragraph (f)(1)(ii) of this section during which no leaks are detected,
a record that the inspection was performed, the date of the inspection,
and a statement that no leaks were detected.
(m) Closed vent systems and control devices used to comply with
provisions of this subpart shall be operated at all times when emissions
may be vented to them.
[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984, as amended at 51
FR 2702, Jan. 21, 1986; 65 FR 62158, Oct. 17, 2000; 65 FR 78282, Dec.
14, 2000]
Sec. 61.243-1 Alternative standards for valves in VHAP service-
-allowable percentage of valves leaking.
(a) An owner or operator may elect to have all valves within a
process unit to comply with an allowable percentage of valves leaking of
equal to or less than 2.0 percent.
(b) The following requirements shall be met if an owner or operator
decides to comply with an allowable percentage of valves leaking:
(1) An owner or operator must notify the Administrator that the
owner or operator has elected to have all valves within a process unit
to comply with the allowable percentage of valves leaking before
implementing this alternative standard, as specified in Sec. 61.247(d).
(2) A performance test as specified in paragraph (c) of this section
shall be conducted initially upon designation, annually, and at other
times requested by the Administrator.
(3) If a valve leak is detected, it shall be repaired in accordance
with Sec. 61.242-7(d) and (e).
(c) Performance tests shall be conducted in the following manner:
(1) All valves in VHAP service within the process unit shall be
monitored within 1 week by the methods specified in Sec. 61.245(b).
(2) If an instrument reading of 10,000 ppm or greater is measured, a
leak is detected.
(3) The leak percentage shall be determined by dividing the number
of valves in VHAP service for which leaks are detected by the number of
valves in VHAP service within the process unit.
(d) Owner or operators who elect to have all valves comply with this
alternative standard shall not have a process unit with a leak
percentage greater than 2.0 percent.
(e) If an owner or operator decides no longer to comply with Sec.
61.243-1, the owner or operator must notify the Administrator in writing
that the work practice standard described in Sec. 61.242-7(a)-(e) will
be followed.
Sec. 61.243-2 Alternative standards for valves in VHAP service--skip
period leak detection and repair.
(a)(1) An owner or operator may elect for all valves within a
process unit to comply with one of the alternative work practices
specified in paragraphs (b)(2) and (3) of this section.
(2) An owner or operator must notify the Administrator before
implementing one of the alternative work practices, as specified in
Sec. 61.247(d).
(b)(1) An owner or operator shall comply initially with the
requirements for valves, as described in Sec. 61.242-7.
(2) After 2 consecutive quarterly leak detection periods with the
percentage of valves leaking equal to or less than 2.0, an owner or
operator may begin to skip one of the quarterly leak detection periods
for the valves in VHAP service.
[[Page 169]]
(3) After five consecutive quarterly leak detection periods with the
percentage of valves leaking equal to or less than 2.0, an owner or
operator may begin to skip three of the quarterly leak detection periods
for the valves in VHAP service.
(4) If the percentage of valves leaking is greater than 2.0, the
owner or operator shall comply with the requirements as described in
Sec. 61.242-7 but may again elect to use this section.
[49 FR 23513, June 6, 1984, as amended at 65 FR 62158, Oct. 17, 2000]
Sec. 61.244 Alternative means of emission limitation.
(a) Permission to use an alternative means of emission limitation
under section 112(e)(3) of the Clean Air Act shall be governed by the
following procedures:
(b) Where the standard is an equipment, design, or operational
requirement:
(1) Each owner or operator applying for permission shall be
responsible for collecting and verifying test data for an alternative
means of emission limitation to test data for the equipment, design, and
operational requirements.
(2) The Administrator may condition the permission on requirements
that may be necessary to assure operation and maintenance to achieve the
same emission reduction as the equipment, design, and operational
requirements.
(c) Where the standard is a work practice:
(1) Each owner or operator applying for permission shall be
responsible for collecting and verifying test data for an alternative
means of emission limitation.
(2) For each source for which permission is requested, the emission
reduction achieved by the required work practices shall be demonstrated
for a minimum period of 12 months.
(3) For each source for which permission is requested, the emission
reduction achieved by the alternative means of emission limitation shall
be demonstrated.
(4) Each owner or operator applying for permission shall commit in
writing each source to work practices that provide for emission
reductions equal to or greater than the emission reductions achieved by
the required work practices.
(5) The Administrator will compare the demonstrated emission
reduction for the alternative means of emission limitation to the
demonstrated emission reduction for the required work practices and will
consider the commitment in paragraph (c)(4).
(6) The Administrator may condition the permission on requirements
that may be necessary to assure operation and maintenance to achieve the
same emission reduction as the required work practices of this subpart.
(d) An owner or operator may offer a unique approach to demonstrate
the alternative means of emission limitation.
(e)(1) Manufacturers of equipment used to control equipment leaks of
a VHAP may apply to the Administrator for permission for an alternative
means of emission limitation that achieves a reduction in emissions of
the VHAP achieved by the equipment, design, and operational requirements
of this subpart.
(2) The Administrator will grant permission according to the
provisions of paragraphs (b), (c), and (d).
[49 FR 23513, June 6, 1984, as amended at 65 FR 62158, Oct. 17, 2000]
Sec. 61.245 Test methods and procedures.
(a) Each owner or operator subject to the provisions of this subpart
shall comply with the test methods and procedures requirements provided
in this section.
(b) Monitoring, as required in Sec. Sec. 61.242, 61.243, 61.244,
and 61.135, shall comply with the following requirements:
(1) Monitoring shall comply with Method 21 of appendix A of 40 CFR
part 60.
(2) The detection instrument shall meet the performance criteria of
Method 21.
(3) The instrument shall be calibrated before use on each day of its
use by the procedures specified in Method 21.
(4) Calibration gases shall be:
(i) Zero air (less than 10 ppm of hydrocarbon in air); and
(ii) A mixture of methane or n-hexane and air at a concentration of
[[Page 170]]
approximately, but less than, 10,000 ppm methane or n-hexane.
(5) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21.
(c) When equipment is tested for compliance with or monitored for no
detectable emissions, the owner or operator shall comply with the
following requirements:
(1) The requirements of paragraphs (b) (1) through (4) shall apply.
(2) The background level shall be determined, as set forth in Method
21.
(3) The instrument probe shall be traversed around all potential
leak interfaces as close to the interface as possible as described in
Method 21.
(4) The arithmetic difference between the maximum concentration
indicated by the instrument and the background level is compared with
500 ppm for determining compliance.
(d)(1) Each piece of equipment within a process unit that can
conceivably contain equipment in VHAP service is presumed to be in VHAP
service unless an owner or operator demonstrates that the piece of
equipment is not in VHAP service. For a piece of equipment to be
considered not in VHAP service, it must be determined that the percent
VHAP content can be reasonably expected never to exceed 10 percent by
weight. For purposes of determining the percent VHAP 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 the 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 (d)(1) of this section to demonstrate that
the percent VHAP content does not exceed 10 percent by weight, provided
that the engineering judgment demonstrates that the VHAP content clearly
does not exceed 10 percent by weight. When an owner or operator and the
Administrator do not agree on whether a piece of equipment is not in
VHAP service, however, the procedures in paragraph (d)(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 VHAP service, the determination can be revised only after following
the procedures in paragraph (d)(1) of this section.
(3) Samples used in determining the percent VHAP content shall be
representative of the process fluid that is contained in or contacts the
equipment or the gas being combusted in the flare.
(e)(1) Method 22 of appendix A of 40 CFR part 60 shall be used to
determine compliance of flares with the visible emission provisions of
this subpart.
(2) The presence of a flare pilot flame shall be monitored using a
thermocouple or any other equivalent device to detect the presence of a
flame.
(3) The net heating value of the gas being combusted in a flare
shall be calculated using the following equation:
[GRAPHIC] [TIFF OMITTED] TC15NO91.055
Where:
HT = Net heating value of the sample, MJ/scm (BTU/scf); where
the net enthalpy per mole of offgas is based on combustion at
25 [deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), but the
standard temperature for determining the volume corresponding
to one mole is 20 [deg]C (68 [deg]F).
K = conversion constant, 1.740 x 10 \7\ (g-mole) (MJ)/(ppm-scm-kcal)
(metric units); or 4.674 x 10\8\ ((g-mole) (Btu)/(ppm-scf-
kcal)) (English units)
Ci = Concentration of sample component ``i'' in ppm, as measured by
Method 18 of appendix A to 40 CFR part 60 and ASTM D2504-67,
77, or 88 (Reapproved 1993) (incorporated by reference as
specified in Sec. 61.18).
Hi = net heat of combustion of sample component ``i'' at 25
[deg]C and 760 mm Hg (77 [deg]F and 14.7 psi), kcal/g-mole.
The heats of combustion may be determined using ASTM D2382-76
or 88 or D4809-95 (incorporated by reference as specified in
Sec. 61.18) if published values are not available or cannot
be calculated.
(4) The actual exit velocity of a flare shall be determined by
dividing the volumetric flowrate (in units of standard temperature and
pressure), as determined by Method 2, 2A, 2C, or 2D, as appropriate, by
the unobstructed (free) cross section area of the flare tip.
[[Page 171]]
(5) The maximum permitted velocity, Vmax, for air-
assisted flares shall be determined by the following equation:
[GRAPHIC] [TIFF OMITTED] TR17OC00.487
Where:
Vmax = Maximum permitted velocity, m/sec (ft/sec).
HT = Net heating value of the gas being combusted, as
determined in paragraph (e)(3) of this section, MJ/scm (Btu/
scf).
K1 = 8.706 m/sec (metric units)
= 28.56 ft/sec (English units)
K2 = 0.7084 m\4\/(MJ-sec) (metric units)
= 0.087 ft\4\/(Btu-sec) (English units)
[49 FR 23513, June 6, 1984, as amended at 49 FR 38946, Oct. 2, 1984; 49
FR 43647, Oct. 31, 1984; 53 FR 36972, Sept. 23, 1988; 54 FR 38077, Sept.
14, 1989; 65 FR 62158, Oct. 17, 2000]
Sec. 61.246 Recordkeeping requirements.
(a)(1) Each owner or operator subject to the provisions of this
subpart shall comply with the recordkeeping requirements of this
section.
(2) An owner or operator of more than one process unit subject to
the provisions of this subpart may comply with the recordkeeping
requirements for these process units in one recordkeeping system if the
system identifies each record by each process unit.
(b) When each leak is detected as specified in Sec. Sec. 61.242-2,
61.242-3, 61.242-7, 61.242-8, and 61.135, the following requirements
apply:
(1) A weatherproof and readily visible identification, marked with
the equipment identification number, shall be attached to the leaking
equipment.
(2) The identification on a valve may be removed after it has been
monitored for 2 successive months as specified in Sec. 61.242-7(c) and
no leak has been detected during those 2 months.
(3) The identification on equipment, except on a valve, may be
removed after it has been repaired.
(c) When each leak is detected as specified in Sec. Sec. 61.242-2,
61.242-3. 61.242-7, 61.242-8, and 61.135, the following information
shall be recorded in a log and shall be kept for 2 years in a readily
accessible location:
(1) The instrument and operator identification numbers and the
equipment identification number.
(2) The date the leak was detected and the dates of each attempt to
repair the leak.
(3) Repair methods applied in each attempt to repair the leak.
(4) ``Above 10,000'' if the maximum instrument reading measured by
the methods specified in Sec. 61.245(a) after each repair attempt is
equal to or greater than 10,000 ppm.
(5) ``Repair delayed'' and the reason for the delay if a leak is not
repaired within 15 calendar days after discovery of the leak.
(6) The signature of the owner or operator (or designate) whose
decision it was that repair could not be effected without a process
shutdown.
(7) The expected date of successful repair of the leak if a leak is
not repaired within 15 calendar days.
(8) Dates of process unit shutdowns that occur while the equipment
is unrepaired.
(9) The date of successful repair of the leak.
(d) The following information pertaining to the design requirements
for closed-vent systems and control devices described in Sec. 61.242-11
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.
(3) A description of the parameter or parameters monitored, as
required in Sec. 61.242-11(e), to ensure that control devices are
operated and maintained in conformance with their design and an
explanation of why that parameter (or parameters) was selected for the
monitoring.
(4) Periods when the closed-vent systems and control devices
required in Sec. Sec. 61.242-2, 61.242-3, 61.242-4, 61.242-5 and
61.242-9 are not operated as designed, including periods when a flare
pilot light does not have a flame.
(5) Dates of startups and shutdowns of the closed-vent systems and
control devices required in Sec. Sec. 61.242-2, 61.242-3, 61.242-4,
61.242-5 and 61.242-9.
(e) The following information pertaining to all equipment to which a
standard applies shall be recorded in a log that is kept in a readily
accessible location:
(1) A list of identification numbers for equipment (except welded
fittings)
[[Page 172]]
subject to the requirements of this subpart.
(2)(i) A list of identification numbers for equipment that the owner
or operator elects to designate for no detectable emissions as indicated
by an instrument reading of less than 500 ppm above background.
(ii) The designation of this equipment for no detectable emissions
shall be signed by the owner or operator.
(3) A list of equipment identification numbers for pressure relief
devices required to comply with Sec. 61.242-4(a).
(4)(i) The dates of each compliance test required in Sec. Sec.
61.242-2(e), 61.242-3(i), 61.242-4, 61.242-7(f), and 61.135(g).
(ii) The background level measured during each compliance test.
(iii) The maximum instrument reading measured at the equipment
during each compliance test.
(5) A list of identification numbers for equipment in vacuum
service.
(f) The following information pertaining to all valves subject to
the requirements of Sec. 61.242-7(g) and (h) and to all pumps subject
to the requirements of Sec. 61.242-2(g) shall be recorded in a log that
is kept in a readily accessible location:
(1) A list of identification numbers for valves and pumps that are
designated as unsafe to monitor, an explanation for each valve or pump
stating why the valve or pump is unsafe to monitor, and the plan for
monitoring each valve or pump.
(2) A list of identification numbers for valves that are designated
as difficult to monitor, an explanation for each valve stating why the
valve is difficult to monitor, and the planned schedule for monitoring
each valve.
(g) The following information shall be recorded for valves complying
with Sec. 61.243-2:
(1) A schedule of monitoring.
(2) The percent of valves found leaking during each monitoring
period.
(h) The following information shall be recorded in a log that is
kept in a readily accessible location:
(1) Design criterion required in Sec. Sec. 61.242-2(d)(5), 61.242-
3(e)(2), and 61.135(e)(4) and an explanation of the design criterion;
and
(2) Any changes to this criterion and the reasons for the changes.
(i) The following information shall be recorded in a log that is
kept in a readily accessible location for use in determining exemptions
as provided in the applicability section of this subpart and other
specific subparts:
(1) An analysis demonstrating the design capacity of the process
unit, and
(2) An analysis demonstrating that equipment is not in VHAP service.
(j) Information and data used to demonstrate that a piece of
equipment is not in VHAP service shall be recorded in a log that is kept
in a readily accessible location.
[49 FR 23513, June 6, 1984, as amended at 49 FR 38946, Oct. 2, 1984; 54
FR 38077, Sept. 14, 1989; 65 FR 78283, Dec. 14, 2000]
Sec. 61.247 Reporting requirements.
(a)(1) An owner or operator of any piece of equipment to which this
subpart applies shall submit a statement in writing notifying the
Administrator that the requirements of Sec. Sec. 61.242, 61.245,
61.246, and 61.247 are being implemented.
(2) 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.
(3) In the case of new sources which did not have an initial startup
date preceding December 14, 2000, the statement required under paragraph
(a)(1) of this section shall be submitted with the application for
approval of construction, as described in Sec. 61.07.
(4) For owners and operators complying with 40 CFR part 65, subpart
C or F, the statement required under paragraph (a)(1) of this section
shall notify the Administrator that the requirements of 40 CFR part 65,
subpart C or F, are being implemented.
(5) The statement is to contain the following information for each
source:
(i) Equipment identification number and process unit identification.
(ii) Type of equipment (for example, a pump or pipeline valve).
[[Page 173]]
(iii) Percent by weight VHAP in the fluid at the equipment.
(iv) Process fluid state at the equipment (gas/vapor or liquid).
(v) Method of compliance with the standard (for example, ``monthly
leak detection and repair'' or ``equipped with dual mechanical seals'').
(b) A report shall be submitted to the Administrator semiannually
starting 6 months after the initial report required in paragraph (a) of
this section, that includes the following information:
(1) Process unit identification.
(2) For each month during the semiannual reporting period,
(i) Number of valves for which leaks were detected as described in
Sec. 61.242-7(b) of Sec. 61.243-2.
(ii) Number of valves for which leaks were not repaired as required
in Sec. 61.242-7(d).
(iii) Number of pumps for which leaks were detected as described in
Sec. 61.242-2 (b) and (d)(6).
(iv) Number of pumps for which leaks were not repaired as required
in Sec. 61.242-2 (c) and (d)(6).
(v) Number of compressors for which leaks were detected as described
in Sec. 61.242-3(f).
(vi) Number of compressors for which leaks were not repaired as
required in Sec. 61.242-3(g).
(vii) The facts that explain any delay of repairs and, where
appropriate, why a process unit shutdown was technically infeasible.
(3) Dates of process unit shutdowns which occurred within the
semiannual reporting period.
(4) Revisions to items reported according to paragraph (a) 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.
(5) The results of all performance tests and monitoring to determine
compliance with no detectable emissions and with Sec. Sec. 61.243-1 and
61.243-2 conducted within the semiannual reporting period.
(c) In the first report submitted as required in paragraph (a) of
this section, 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.
(d) An owner or operator electing to comply with the provisions of
Sec. Sec. 61.243-1 and 61.243-2 shall notify the Administrator of the
alternative standard selected 90 days before implementing either of the
provisions.
(e) An application for approval of construction or modification,
Sec. Sec. 61.05(a) and 61.07, will not be required if--
(1) The new source complies with the standard, Sec. 61.242;
(2) The new source is not part of the construction of a process
unit; and
(3) In the next semiannual report required by paragraph (b) of this
section, the information in paragraph (a)(5) of this section is
reported.
(f) For owners or operators choosing to comply with 40 CFR part 65,
subpart C or F, an application for approval of construction or
modification, as required under Sec. Sec. 61.05 and 61.07 will not be
required if:
(1) The new source complies with 40 CFR 65.106 through 65.115 and
with 40 CFR part 65, subpart C, for surge control vessels and bottoms
receivers;
(2) The new source is not part of the construction of a process
unit; and
(3) In the next semiannual report required by 40 CFR 65.120(b) and
65.48(b), the information in paragraph (a)(5) of this section is
reported.
[49 FR 23513, June 6, 1984, as amended at 49 FR 38947, Oct. 2, 1984; 54
FR 38077, Sept. 14, 1989; 65 FR 78283, Dec. 14, 2000]
Sec. Table 1 to Subpart V of Part 61--Surge Control Vessels and Bottoms
Receivers at Existing Sources
------------------------------------------------------------------------
Vapor pressure \1\
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
75 <=capacity <151....................... =13.1
151 <=capacity........................... =5.2
------------------------------------------------------------------------
\1\ Maximum true vapor pressure as defined in Sec. 61.241.
[65 FR 78283, Dec. 14, 2000]
[[Page 174]]
Sec. Table 2 to Subpart V of Part 61--Surge Control Vessels and Bottoms
Receivers at New Sources
------------------------------------------------------------------------
Vapor pressure \1\
Vessel capacity (cubic meters) (kilopascals)
------------------------------------------------------------------------
38 <=capacity <151....................... =13.1
151 <=capacity........................... =0.7
------------------------------------------------------------------------
\1\ Maximum true vapor pressure as defined in Sec. 61.241.
[65 FR 78283, Dec. 14, 2000]
Subpart W_National Emission Standards for Radon Emissions From Operating
Mill Tailings
Source: 54 FR 51703, Dec. 15, 1989, unless otherwise noted.
Sec. 61.250 Designation of facilities.
The provisions of this subpart apply to owners or operators of
facilities licensed to manage uranium byproduct materials during and
following the processing of uranium ores, commonly referred to as
uranium mills and their associated tailings. This subpart does not apply
to the disposal of tailings.
Sec. 61.251 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) Area means the vertical projection of the pile upon the earth's
surface.
(b) Continuous disposal means a method of uranium byproduct material
or tailings management and disposal in which uranium byproduct material
or tailings are dewatered by mechanical methods immediately after
generation. The dried uranium byproduct material or tailings are then
placed in trenches or other disposal areas and immediately covered to
limit emissions consistent with applicable Federal standards.
(c) Dewatered means to remove the water from recently produced
uranium byproduct material or tailings by mechanical or evaporative
methods such that the water content of the uranium byproduct material or
tailings does not exceed 30 percent by weight.
(d) Existing conventional impoundment means any conventional uranium
byproduct material or tailings impoundment which is licensed to accept
additional uranium byproduct material or tailings and is in existence on
December 15, 1989.
(e) Operation. Operation means that an impoundment is being used for
the continued placement of uranium byproduct material or tailings or is
in standby status for such placement. An impoundment is in operation
from the day that uranium byproduct material or tailings are first
placed in the impoundment until the day that final closure begins.
(f) Phased disposal means a method of uranium byproduct material or
tailings management and disposal which uses lined impoundments which are
filled and then immediately dried and covered to meet all applicable
Federal standards.
(g) Uranium byproduct material or tailings means the waste produced
by the extraction or concentration of uranium from any ore processed
primarily for its source material content. Ore bodies depleted by
uranium solution extraction and which remain underground do not
constitute byproduct material for the purposes of this subpart.
(h) Conventional impoundment. A conventional impoundment is a
permanent structure located at any uranium recovery facility which
contains mostly solid uranium byproduct material or tailings from the
extraction of uranium from uranium ore. These impoundments are left in
place at facility closure.
(i) Non-conventional impoundment. A non-conventional impoundment is
used for managing liquids from uranium recovery operations and contains
uranium byproduct material or tailings suspended in and/or covered by
liquids. These structures are commonly known as holding ponds or
evaporation ponds and can be located at any uranium recovery facility.
They are typically not permanent structures unless they transition to
become used as conventional impoundments. Impoundments constructed for
the purpose of managing
[[Page 175]]
liquids from closure or remediation activities (e.g., contaminated
groundwater), and which are used solely for that purpose, are not
subject to the requirements of this subpart.
(j) Heap leach pile. A heap leach pile is a pile of uranium ore
placed on an engineered structure and stacked so as to allow uranium to
be dissolved and removed by leaching liquids.
(k) Standby. Standby means the period of time that an impoundment is
not accepting uranium byproduct material or tailings but has not yet
entered final closure.
(l) Uranium recovery facility. A uranium recovery facility means a
facility licensed by the NRC or an NRC Agreement State to manage uranium
byproduct material or tailings during and following the processing of
uranium ores. Common names for these facilities are a conventional
uranium mill, an in-situ leach (or recovery) facility and a heap leach
facility or pile.
(m) Heap leach pile operational life. The operational life of a heap
leach pile means the time period from the first time that lixiviant is
placed on the heap leach pile until the time the final rinse is
completed.
(n) Final closure means the period during which an impoundment or
heap leach pile is being managed in accordance with the milestones and
requirements in an approved reclamation plan. Final closure for the
impoundment or heap leach pile begins when the owner or operator
provides written notice to the Administrator and to the Nuclear
Regulatory Commission or applicable NRC Agreement State that:
(1) A conventional impoundment is no longer receiving uranium
byproduct material or tailings, is no longer on standby for such receipt
and is being managed under an approved reclamation plan for that
impoundment or facility closure plan; or
(2) A non-conventional impoundment is no longer required for
evaporation or holding purposes, is no longer on standby for such
purposes and is being managed under an approved reclamation plan for
that impoundment or facility closure plan; or
(3) A heap leach pile has concluded its operational life and is
being managed under an approved reclamation plan for that pile or
facility closure plan.
(o) Reclamation plan means the plan detailing activities and
milestones to accomplish reclamation of impoundments or piles containing
uranium byproduct material or tailings. Activities and milestones to be
addressed include, but are not limited to, dewatering and contouring of
conventional impoundments and heap leach piles, and removal and disposal
of non-conventional impoundments. A reclamation plan prepared and
approved in accordance with 10 CFR part 40, Appendix A is considered a
reclamation plan in this subpart.
[54 FR 51703, Dec. 15, 1989, as amended at 82 FR 5178, Jan. 17, 2017]
Sec. 61.252 Standard.
(a) Each owner or operator of a conventional impoundment shall
comply with the following requirements:
(1) Radon-222 emissions to the ambient air from an existing
conventional impoundment shall not exceed 20 pCi/(m\2\-sec) (1.9 pCi/
(ft\2\-sec)) of radon-222 and all owners or operators shall comply with
the provisions of 40 CFR 192.32(a)(1) in the operation of the
impoundment notwithstanding the exemption for existing impoundments in
40 CFR 192.32(a)(1).
(2) After December 15, 1989, no new conventional impoundment may be
built unless it is designed, constructed and operated to meet one of the
two following management practices:
(i) Phased disposal in lined impoundments that are no more than 40
acres in area and comply with the requirements of 40 CFR 192.32(a)(1).
The owner or operator shall have no more than two conventional
impoundments, including existing conventional impoundments, in operation
at any one time.
(ii) Continuous disposal such that uranium byproduct material or
tailings are dewatered and immediately disposed with no more than 10
acres uncovered at any time and shall comply with the requirements of 40
CFR 192.32(a)(1).
(b) Each owner or operator of a non-conventional impoundment shall
comply with the following requirements: Non-conventional impoundments
shall
[[Page 176]]
meet the requirements of 40 CFR 192.32(a)(1). During operation and until
final closure begins, the liquid level in the impoundment shall be
maintained so that solid materials in the impoundment are not visible
above the liquid surface, verified by daily inspections documented
through notations and by digital photographic evidence collected at
least weekly. Should inspection reveal that solid materials in the
impoundment are visible above the liquid surface, the owner or operator
must correct the situation within seven days, or other such time as
specified by the Administrator.
(c) Each owner or operator of a heap leach pile shall comply with
the following requirements: Heap leach piles that have completed their
operating life but have not yet entered final closure shall be managed
in compliance with the phased disposal management practice in paragraph
(a)(2)(i) of this section. Heap leach piles shall be constructed in
lined impoundments that are no more than 40 acres in area and shall
comply with the requirements of 40 CFR 192.32(a)(1). The owner or
operator shall have no more than two heap leach piles, including
existing heap leach piles, subject to this subpart at any one time.
[82 FR 5179, Jan. 17, 2017]
Sec. 61.253 Determining compliance.
Compliance with the emission standard in this subpart shall be
determined annually through the use of Method 115 of appendix B. When
measurements are to be made over a one year period, EPA shall be
provided with a schedule of the measurement frequency to be used. The
schedule may be submitted to EPA prior to or after the first measurement
period. EPA shall be notified 30 days prior to any emissions test so
that EPA may, at its option, observe the test.
Sec. 61.254 Annual reporting requirements.
(a) The owners or operators of operating existing mill impoundments
shall report the results of the compliance calculations required in
Sec. 61.253 and the input parameters used in making the calculation for
each calendar year 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 mill.
(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 testing conducted, including the results of
each measurement.
(4) 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) If the facility is not in compliance with the emission limits of
Sec. 61.252 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 (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.
(c) The first report will cover the emissions of calendar year 1990.
[[Page 177]]
Sec. 61.255 Recordkeeping requirements.
(a) The owner or operator of any uranium recovery facility must
maintain records that confirm that the conventional impoundment(s), non-
conventional impoundment(s) and heap leach pile(s) subject to this
subpart at the facility meet the requirements in 40 CFR 192.32(a)(1).
These records shall include, but not be limited to, the results of liner
compatibility tests.
(b) The owner or operator of any uranium recovery facility with non-
conventional impoundments must maintain written records from daily
inspections and other records confirming that any sediments have
remained saturated in the non-conventional impoundments at the facility.
Periodic digital photographic evidence, with embedded date stamp and
other identifying metadata, shall be collected no less frequently than
weekly to demonstrate compliance with the requirements of Sec.
61.252(b). Should inspection reveal that a non-conventional impoundment
is not in compliance with the requirements of Sec. 61.252(b), the owner
or operator shall collect photographic evidence before and after the
non-compliance is corrected.
(c) The records required in paragraphs (a) and (b) in this section
must be kept at the uranium recovery facility for the operational life
of the facility and must be made available for inspection by the
Administrator, or his authorized representative.
(1) Digital photographs taken to demonstrate compliance with the
requirements of Sec. 61.252(c) shall be submitted electronically using
the Subpart W Impoundment Photographic Reporting (SWIPR) system that is
accessed through EPA's Central Data Exchange (CDX) (cdx.epa.gov) at
least monthly.
(i) Owners and operators must also submit information identifying
the facility and facility location, the name or other designation of
each impoundment, and the date and time of each photograph.
(ii) If the reporting form specific to this subpart is not available
in SWIPR, the owner or operator must retain the digital photographs at
the facility and provide them to the EPA or authorized State upon
request, with the supporting information required in paragraph (c)(1)(i)
of this section.
(2) [Reserved]
[82 FR 5179, Jan. 17, 2017]
Sec. 61.256 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 X [Reserved]
Subpart Y_National Emission Standard for Benzene Emissions From Benzene
Storage Vessels
Source: 54 FR 38077, Sept. 14, 1989, unless otherwise noted.
Sec. 61.270 Applicability and designation of sources.
(a) The source to which this subpart applies is each storage vessel
that is storing benzene having a specific gravity within the range of
specific gravities specified in ASTM D836-84 for Industrial Grade
Benzene, ASTM D835-85 for Refined Benzene-485, ASTM D2359-85a or 93 for
Refined Benzene-535, and ASTM D4734-87 or 96 for Refined Benzene-545.
These specifications are incorporated by reference as specified in Sec.
61.18. See Sec. 61.18 for acceptable versions of these methods.
(b) Except for paragraph (b) in Sec. 61.276, storage vessels with a
design storage capacity less than 38 cubic meters (10,000 gallons) are
exempt from the provisions of this subpart.
(c) This subpart does not apply to storage vessels used for storing
benzene at coke by-product facilities.
(d) This subpart does not apply to vessels permanently attached to
motor vehicles such as trucks, rail cars, barges, or ships.
(e) This subpart does not apply to pressure vessels designed to
operate in excess of 204.9 kPa (29.72 psia) and without emissions to the
atmosphere.
(f) A designated source subject to the provisions of this subpart
that is also subject to applicable provisions of 40 CFR part 60 subparts
K, Ka, and Kb shall be required to comply only with
[[Page 178]]
the subpart that contains the most stringent requirements for that
source.
(g) Alternative means of compliance--(1) Option to comply with part
65. Owners or operators may choose to comply with 40 CFR part 65,
subpart C, to satisfy the requirements of Sec. Sec. 61.271 through
61.277, except for Sec. Sec. 61.271(d)(2) and 61.274(a) for storage
vessels that are subject to this subpart. Other provisions applying to
owners or operators who choose to comply with 40 CFR part 65 are
provided in 40 CFR 65.1.
(2) Part 61, subpart A. Owners or operators who choose to comply
with 40 CFR part 65, subpart C, must also comply with Sec. Sec. 61.01,
61.02, 61.05 through 61.08, 61.10(b) through (d), 61.11, and 61.15 for
those storage vessels. All sections and paragraphs of subpart A of this
part that are not mentioned in this paragraph (g)(2) do not apply for
storage vessels complying with 40 CFR part 65, subpart C, except that
provisions required to be met prior to implementing 40 CFR part 65 still
apply. Owners and operators who choose to comply with 40 CFR part 65,
subpart C, must comply with 40 CFR part 65, subpart A.
[54 FR 38077, Sept. 14, 1989, as amended at 65 FR 62159, Oct. 17, 2000;
65 FR 78283, Dec. 14, 2000]
Sec. 61.271 Emission standard.
The owner or operator of each storage vessel with a design storage
capacity greater than or equal to 38 cubic meters (10,000 gallons) to
which this subpart applies shall comply with the requirements in
paragraph (d) of this section and with the requirements either in
paragraph (a), (b), or (c) of this section, or equivalent as provided in
Sec. 61.273.
(a) The storage vessel shall be equipped with a fixed roof and an
internal floating roof.
(1) An internal floating roof means a cover that rests on the liquid
surface (but not necessarily in complete contact with it) inside a
storage vessel that has a permanently affixed roof. The internal
floating roof shall be floating on the liquid surface at all times,
except during initial fill and during those intervals when the storage
vessel is completely emptied or subsequently emptied and refilled. When
the roof is resting on the leg supports, the process of filling,
emptying, or refilling shall be continuous and shall be accomplished as
rapidly as possible.
(2) Each internal floating roof shall be equipped with one of the
closure devices listed in paragraphs (a)(2) (i), (ii), or (iii) of this
section between the wall of the storage vessel and the edge of the
internal floating roof. This requirement does not apply to each existing
storage vessel for which construction of an internal floating roof
equipped with a continuous seal commenced on or before July 28, 1988. A
continuous seal means a seal that forms a continuous closure that
completely covers the space between the wall of the storage vessel and
the edge of the internal floating roof.
(i) A foam- or liquid-filled seal mounted in contact with the liquid
(liquid-mounted seal). A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the liquid between the wall of the
storage vessel and the floating roof continuously around the
circumference of the vessel.
(ii) Two seals mounted one above the other so that each forms a
continuous closure that completely covers the space between the wall of
the storage vessel and the edge of the internal floating roof. The lower
seal may be vapor-mounted, but both must be continuous.
(iii) A metallic shoe seal. A metallic shoe seal (also referred to
as a mechanical shoe seal) is, but is not limited to, a metal sheet held
vertically against the wall of the storage vessel by springs or weighted
levers and is connected by braces to the floating roof. A flexible
coated fabric (envelope) spans the annular space between the metal sheet
and the floating roof.
(3) Automatic bleeder vents are to be closed at all times when the
roof is floating, except when the roof is being floated off or is being
landed on the roof leg supports.
(4) Each opening in a noncontact internal floating roof except for
automatic bleeder vents (vacuum breaker vents) and the rim space vents
is to provide a projection below the liquid surface.
[[Page 179]]
(5) Each internal floating roof shall meet the specifications listed
below. If an existing storage vessel had an internal floating roof with
a continuous seal as of July 28, 1988, the requirements listed below do
not have to be met until the first time after September 14, 1989, the
vessel is emptied and degassed or September 14, 1999, whichever occurs
first,
(i) Each opening in the internal floating roof except for leg
sleeves, automatic bleeder vents, rim space vents, column wells, ladder
wells, sample wells, and stub drains is to be equipped with a cover or
lid. The cover or lid shall be equipped with a gasket. Covers on each
access hatch and automatic gauge float well shall be bolted.
(ii) Each penetration of the internal floating roof for the purposes
of sampling shall be a sample well. Each sample well shall have a slit
fabric cover that covers at least 90 percent of the opening.
(iii) Each automatic bleeder vent shall be gasketed.
(iv) Rim space vents shall be equipped with a gasket.
(v) Each penetration of the internal floating roof that allows for
passage of a ladder shall have a gasketed sliding cover.
(vi) Each penetration of the internal floating roof that allows for
passage of a column supporting the fixed roof shall have a flexible
fabric sleeve seal or a gasketed sliding cover.
(6) Each cover or lid on any opening in the internal floating roof
shall be closed (i.e., no visible gaps), except when a device is in
actual use Covers on each access hatch and each automatic gauge float
well which are equipped with bolts shall be bolted when they are not in
use. Rim space vents are to be set to open only when the internal
floating roof is not floating or at the manufacturer's recommended
setting.
(b) The storage vessel shall have an external floating roof.
(1) An external floating roof means a pontoon-type or double-deck-
type cover that rests on the liquid surface in a vessel with no fixed
roof.
(2) Each external floating roof shall be equipped with a closure
device between the wall of the storage vessel and the roof edge. Except
as provided in paragraph (b)(5) of this section, the closure device is
to consist of two seals, one above the other. The lower seal is referred
to as the primary seal and the upper seal is referred to as the
secondary seal.
(i) The primary seal shall be either a metallic shoe seal or a
liquid-mounted seal. A liquid-mounted seal means a foam- or liquid-
filled seal mounted in contact with the liquid between the wall of the
storage vessel and the floating roof continuously around the
circumference of the vessel. A metallic shoe seal (which can also be
referred to as a mechanical shoe seal) is, but is not limited to, a
metal sheet held vertically against the wall of the storage vessel by
springs or weighted levers and is connected by braces to the floating
roof. A flexible coated fabric (envelope) spans the annular space
between the metal sheet and the floating roof. Except as provided in
Sec. 61.272(b)(4), the primary seal shall completely cover the annular
space between the edge of the floating roof and the vessel wall.
(ii) The secondary seal shall completely cover the annular space
between the external floating roof and the wall of the storage vessel in
a continuous fashion except as allowed in Sec. 61.272(b)(4).
(3) Except for automatic bleeder vents and rim space vents, each
opening in the noncontact external floating roof shall provide a
projection below the liquid surface. Except for automatic bleeder vents,
rim space vents, roof drains, and leg sleeves, each opening in the roof
is to be equipped with a gasketed cover, seal or lid which is to be
maintained in a closed position at all times (i.e., no visible gap)
except when the device is in actual use. Automatic bleeder vents are to
be closed at all times when the roof is floating, except when the roof
is being floated off or is being landed on the roof leg supports. Rim
vents are to be set to open when the roof is being floated off the roof
leg supports or at the manufacturer's recommended setting. Automatic
bleeder vents and rim space vents are to be gasketed. Each emergency
roof drain is to be provided with a slotted membrane fabric cover that
covers at
[[Page 180]]
least 90 percent of the area of the opening.
(4) The roof shall be floating on the liquid at all times (i.e., off
the roof leg supports) except during initial fill until the roof is
lifted off leg supports and when the vessel is completely emptied and
subsequently refilled. The process of emptying and refilling when the
roof is resting on the leg supports shall be continuous and shall be
accomplished as rapidly as possible.
(5) The requirement for a secondary seal does not apply to each
existing storage vessel that was equipped with a liquid-mounted primary
seal as of July 28, 1988, until after the first time after September 14,
1989, when the vessel is emptied and degassed or 10 years from September
14, 1989, whichever occurs first.
(c) The storage vessel shall be equipped with a closed vent system
and a control device.
(1) The closed vent system shall be designed to collect all benzene
vapors and gases discharged from the storage vessel and operated with no
detectable emissions, as indicated by an instrument reading of less than
500 ppm above background and visual inspections, as determined in Sec.
61.242-11 (subpart V).
(2) The control device shall be designed and operated to reduce
inlet benzene emissions by 95 percent or greater. If a flare is used as
the control device, it shall meet the specifications described in the
general control device requirements of 40 CFR 60.18.
(3) The specifications and requirements listed in paragraphs (c)(1)
and (c)(2) of this section for closed vent systems and control devices
do not apply during periods of routine maintenance. During periods of
routine maintenance, the benzene level in the storage vessel(s) serviced
by the control device subject to the provisions of Sec. 61.271(c) may
be lowered but not raised. Periods of routine maintenance shall not
exceed 72 hours as outlined in the maintenance plan required by Sec.
61.272(c)(1)(iii).
(4) The specifications and requirements listed in paragraphs (c)(1)
and (c)(2) of this section for closed vents and control devices do not
apply during a control system malfunction. A control system malfunction
means any sudden and unavoidable failure of air pollution control
equipment. A failure caused entirely or in part by design deficiencies,
poor maintenance, careless operation, or other preventable upset
condition or equipment breakdown is not considered a malfunction.
(d) The owner or operator of each affected storage vessel shall meet
the requirements of paragraph (a), (b), or (c) of this section or Sec.
61.270(g) as follows:
(1) The owner or operator of each existing benzene storage vessel
shall meet the requirements of paragraph (a), (b), or (c) of this
section no later than 90 days after September 14, 1989, with the
exceptions noted in paragraphs (a)(5) and (b)(5), unless a waiver of
compliance has been approved by the Administrator in accordance with
Sec. 61.11.
(2) The owner or operator of each benzene storage vessel upon which
construction commenced after September 14, 1989 shall meet the
requirements of paragraph (a), (b), or (c) of this section or Sec.
61.270(g) prior to filling (i.e., roof is lifted off leg supports) the
storage vessel with benzene.
(3) The owner or operator of each benzene storage vessel upon which
construction commenced on or after July 28, 1988, and before September
14, 1989, shall meet the requirements of paragraph (a), (b), or (c) of
this section on September 14, 1989.
[54 FR 38077, Sept. 14, 1989; 54 FR 50887, Dec. 11, 1989, as amended at
65 FR 78284, Dec. 14, 2000]
Sec. 61.272 Compliance provisions.
(a) For each vessel complying with Sec. 61.271(a) (fixed roof and
internal floating roof) each owner or operator shall:
(1) After installing the control equipment required to comply with
Sec. 61.271(a), visually inspect the internal floating roof, the
primary seal, and the secondary seal (if one is in service), prior to
filling the storage vessel with benzene. If there are holes, tears or
other openings in the primary seal, the secondary seal, or the seal
fabric, or defects in the internal floating roof, the owner or operator
shall repair the items before filling the storage vessel.
(2) Visually inspect the internal floating roof and the primary seal
or
[[Page 181]]
the secondary seal (if one is in service) through manholes and roof
hatches on the fixed roof at least once every 12 months after initial
fill, or at least once every 12 months after September 14, 1989, except
as provided in paragraph (a)(4)(i) of this section. If the internal
floating roof is not resting on the surface of the benzene liquid inside
the storage vessel, or there is liquid on the roof, or the seal is
detached, or there are holes or tears in the seal fabric, the owner or
operator shall repair the items or empty and remove the storage vessel
from service within 45 days. If a failure that is detected during
inspections required in this paragraph cannot be repaired within 45 days
and if the vessel cannot be emptied within 45 days, an extension of up
to 30 additional days may be requested from the Administrator in the
inspection report required in Sec. 61.275(a). Such a request for an
extension must document that alternate storage capacity is unavailable
and specify a schedule of actions the company will take that will ensure
that the control equipment will be repaired or the vessel will be
emptied as soon as possible.
(3) Visually inspect the internal floating roof, the primary seal,
the secondary seal (if one is in service), gaskets, slotted membranes
and sleeve seals (if any) each time the storage vessel is emptied and
degassed. In no event shall inspections conducted in accordance with
this provision occur at intervals greater than 10 years in the case of
vessels conducting the annual visual inspections as specified in
paragraph (a)(2) of this section and at intervals greater than 5 years
in the case of vessels specified in paragraph (a)(4)(i) of this section.
(i) For all the inspections required by paragraphs (a)(1) and (a)(3)
of this section, the owner or operator shall notify the Administrator in
writing at least 30 days prior to the refilling of each storage vessel
to afford the Administrator the opportunity to have an observer present.
If the inspection required by paragraph (a)(3) of this section is not
planned and the owner or operator could not have known about the
inspection 30 days in advance of refilling the vessel, the owner or
operator shall notify the Administrator at least 7 days prior to the
refilling of the storage vessel. Notification shall be made by telephone
immediately followed by written documentation demonstrating why the
inspection was unplanned. Alternatively, the notification including the
written documentation may be made in writing and sent by express mail so
that it is received by the Administrator at least 7 days prior to
refilling.
(ii) If the internal floating roof has defects, the primary seal has
holes, tears, or other openings in the seal or the seal fabric, or the
secondary seal has holes, tears, or other openings in the seal or the
seal fabric, or the gaskets no longer close off the liquid surfaces from
the atmosphere, or the slotted membrane has more than 10 percent open
area, the owner or operator shall repair the items as necessary so that
none of the conditions specified in this paragraph exist before
refilling the storage vessel with benzene.
(4) For vessels equipped with a double-seal system as specified in
Sec. 61.271(a)(2)(ii):
(i) Visually inspect the vessel as specified in paragraph (a)(3) of
this section at least every 5 years; or
(ii) Visually inspect the vessel annually as specified in paragraph
(a)(2) of this section, and at least every 10 years as specified in
paragraph (a)(3) of this section.
(b) For each vessel complying with Sec. 61.271(b) (external
floating roof) the owner or operator shall:
(1) Determine the gap areas and maximum gap widths between the
primary seal and the wall of the storage vessel, and the secondary seal
and the wall of the storage vessel according to the following frequency.
(i) For an external floating roof vessel equipped with primary and
secondary seals, measurements of gaps between the vessel wall and the
primary seal (seal gaps) shall be performed during the hydrostatic
testing of the vessel or within 90 days of the initial fill with benzene
or within 90 days of September 14, 1989, whichever occurs last, and at
least once every 5 years thereafter, except as provided in paragraph
(b)(1)(ii) of this section.
[[Page 182]]
(ii) For an external floating roof vessel equipped with a liquid-
mounted primary seal and without a secondary seal as provided for in
Sec. 61.271(b)(5), measurement of gaps between the vessel wall and the
primary seal (seal gaps) shall be performed within 90 days of September
14, 1989, and at least once per year thereafter. When a secondary seal
is installed over the primary seal, measurement of primary seal gaps
shall be performed within 90 days of installation and at least once
every 5 years thereafter.
(iii) For an external floating roof vessel equipped with primary and
secondary seals, measurements of gaps between the vessel wall and the
secondary seal shall be performed within 90 days of the initial fill
with benzene, within 90 days of installation of the secondary seal, or
within 90 days after September 14, 1989, whichever occurs last, and at
least once per year thereafter.
(iv) If any source ceases to store benzene for a period of 1 year or
more, subsequent introduction of benzene into the vessel shall be
considered an initial fill for the purposes of paragraphs (b)(1)(i),
(b)(1)(ii), and (b)(1)(iii) of this section.
(2) Determine gap widths and areas in the primary and secondary
seals individually by the following procedures:
(i) Measure seal gaps, if any, at one or more floating roof levels
when the roof is floating off the roof leg supports.
(ii) Measure seal gaps around the entire circumference of the vessel
in each place where a 0.32 centimeter (cm) (1/8 in) diameter uniform
probe passes freely (without forcing or binding against the seal)
between the seal and the wall of the storage vessel and measure the
circumferential distance of each such location.
(iii) The total surface area of each gap described in paragraph
(b)(2)(ii) of this section shall be determined by using probes of
various widths to measure accurately the actual distance from the vessel
wall to the seal and multiplying each such width by its respective
circumferential distance.
(3) Add the gap surface area of each gap location for the primary
seal and the secondary seal individually. Divide the sum for each seal
by the nominal diameter of the vessel and compare each ratio to the
respective standards in Sec. 61.272(b)(4) and Sec. 61.272(b)(5).
(4) Repair conditions that do not meet requirements listed in
paragraph (b)(4) (i) and (ii) within 45 days of identification in any
inspection or empty and remove the storage vessel from service within 45
days.
(i) The accumulated area of gaps between the vessel wall and the
metallic shoe seal or the liquid-mounted primary seal shall not exceed
212 cm\2\ per meter of vessel diameter (10.0 in\2\ per foot of vessel
diameter) and the width of any portion of any gap shall not exceed 3.81
cm (1\1/2\ in).
(A) One end of the metallic shoe is to extend into the stored liquid
and the other end is to extend a minimum vertical distance of 61 cm (24
in) above the stored liquid surface.
(B) There are to be no holes, tears, or other openings in the shoe,
seal fabric, or seal envelope.
(ii) The secondary seal is to meet the following requirements:
(A) The secondary seal is to be installed above the primary seal so
that it completely covers the space between the roof edge and the vessel
wall except as provided in paragraph (b)(4)(ii)(B) of this section.
(B) The accumulated area of gaps between the vessel wall and the
secondary seal shall not exceed 21.2 cm\2\ per meter of vessel diameter
(1.0 in\2\ per foot of vessel diameter) or the width of any portion of
any gap shall not exceed 1.27 cm (\1/2\ in). These seal gap requirements
may be exceeded during the measurement of primary seal gaps as required
by paragraph (b)(1)(i) or (b)(1)(ii) of this section.
(C) There are to be no holes, tears, or other openings in the seal
or seal fabric.
(iii) If a failure that is detected during inspections required in
this paragraph cannot be repaired within 45 days and if the vessel
cannot be emptied within 45 days, an extension of up to 30 additional
days may be requested from the Administrator in the inspection report
required in Sec. 61.275(d). Such extension request must include a
[[Page 183]]
demonstration of unavailability of alternate storage capacity and a
specification of a schedule that will assure that the control equipment
will be repaired or the vessel will be emptied as soon as possible.
(5) The owner or operator shall notify the Administrator 30 days in
advance of any gap measurements required by paragraph (b)(1) of this
section to afford the Administrator the opportunity to have an observer
present.
(6) Visually inspect the external floating roof, the primary seal,
secondary seal, and fittings each time the vessel is emptied and
degassed.
(i) If the external floating roof has defects, the primary seal has
holes, tears, or other openings in the seal or the seal fabric, or the
secondary seal has holes, tears, or other openings in the seal or the
seal fabric, the owner or operator shall repair the items as necessary
so that none of the conditions specified in this paragraph exist before
filling or refilling the storage vessel with benzene.
(ii) For all the inspections required by paragraph (b)(6) of this
section, the owner or operator shall notify the Administrator in writing
at least 30 days prior to filling or refilling of each storage vessel to
afford the Administrator the opportunity to inspect the storage vessel
prior to refilling. If the inspection required by paragraph (b)(6) of
this section is not planned and the owner or operator could not have
known about the inspection 30 days in advance of refilling the vessel,
the owner or operator shall notify the Administrator at least 7 days
prior to refilling of the storage vessel. Notification shall be made by
telephone immediately followed by written documentation demonstrating
why the inspection was unplanned. Alternatively, this notification
including the written documentation may be made in writing and sent by
express mail so that it is received by the Administrator at least 7 days
prior to the refilling.
(c) The owner or operator of each source that is equipped with a
closed vent system and control device as required in Sec. 60.271(c),
other than a flare, shall meet the following requirements.
(1) Within 90 days after initial fill or after September 14, 1989,
whichever comes last, submit for approval by the Administrator, an
operating plan containing the information listed below.
(i) Documentation demonstrating that the control device being used
achieves the required control efficiency during reasonably expected
maximum loading conditions. This documentation is to include a
description of the gas stream which enters the control device, including
flow and benzene content under varying liquid level conditions (dynamic
and static) and manufacturer's design specifications for the control
device. If the control device or the closed vent capture system receives
vapors, gases or liquids, other than fuels, from sources that are not
designated sources under this subpart, the efficiency demonstration is
to include consideration of all vapors, gases and liquids received by
the closed vent capture system and control device. If an enclosed
combustion device with a minimum residence time of 0.75 seconds and a
minimum temperature of 816 [deg]C (1,500 [deg]F) is used to meet the 95
percent requirement, documentation that those conditions exist is
sufficient to meet the requirements of this paragraph.
(ii) A description of the parameter or parameters to be monitored to
ensure that the control device is operated and maintained in conformance
with its design and an explanation of the criteria used for selection of
that parameter (or parameters).
(iii) A maintenance plan for the system including the type of
maintenance necessary, planned frequency of maintenance, and lengths of
maintenance periods for those operations that would require the closed
vent system or the control device to be out of compliance with Sec.
61.271(c). The maintenance plan shall require that the system be out of
compliance with Sec. 61.271(c) for no more than 72 hours per year.
(2) Operate, monitor the parameters, and maintain the closed vent
system and control device in accordance with the operating plan
submitted to the Administrator in accordance with paragraph (c)(1) of
this section, unless the plan was modified by the Administrator during
the approval process. In this case, the modified plan applies.
[[Page 184]]
(d) The owner or operator of each source that is equipped with a
closed vent system and a flare to meet the requirements in Sec.
61.271(c) shall meet the requirements as specified in the general
control device requirements in 40 CFR 60.18 (e) and (f).
[54 FR 38077, Sept. 14, 1989, as amended at 65 FR 62159, Oct. 17, 2000]