[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2022 Edition]
[From the U.S. Government Publishing Office]



[[Page i]]

          


          Title 40

Protection of Environment


________________________

Parts 61 to 62

                         Revised as of July 1, 2022

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2022
                    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........................     649
      Alphabetical List of Agencies Appearing in the CFR......     669
      List of CFR Sections Affected...........................     679

[[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, 2022), 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 dropped in 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.
    An index to the text of ``Title 3--The President'' is carried within 
that volume.

[[Page vii]]

    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) website for public 
law numbers, Federal Register finding aids, and related information. 
Connect to NARA's website at www.archives.gov/federal-register.
    The eCFR 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, 2022







[[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 82-84, parts 85-96, parts 97-99, 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, 2022.

    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-IX--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, Gulf Coast Ecosystem Restoration 
Council, and the Federal Permitting Improvement Steering 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, Enforcement and Compliance Assurance 
Division, U.S. EPA Region I, 5 Post Office Square--Suite 100 (04-2), 
Boston, MA 02109-3912, Attn: Air Compliance Clerk.
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; 
Enforcement and Compliance Assurance Division; U.S. Environmental 
Protection Agency, 1201 Elm Street, Suite 500, Mail Code 6ECD, Dallas, 
Texas 75270-2102.
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

[[Page 12]]

Administrator and the owner or operator of a source, notifications and 
reports may be submitted on electronic 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.

[[Page 13]]

    Siskiyou County Air Pollution Control District, 525 So. Foothill 
Drive, Yreka, CA 96097-3036.
    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: Compliance Analysis and Coordination Unit, 
          Bureau of Air Management, Department of Energy and 
          Environmental Protection, 79 Elm Street, 5th Floor, Hartford, 
          CT 06106-5127.
(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: Maine Department of Environmental Protection, 
          Bureau of Air Quality, 17 State House Station, Augusta, ME 
          04333-0017.
(22) State of Maryland, Department of the Environment, 1800 Washington 
          Boulevard, Suite 705, Baltimore, Maryland 21230.
(23) Commonwealth of Massachusetts, Massachusetts Department of 
          Environmental Protection, Division of Air and Climate 
          Programs, One Winter Street, 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.


[[Page 14]]


    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 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, New Hampshire Department of 
Environmental Services, Air Resources Division, 29 Hazen Drive, P.O. Box 
95, Concord, NH 03302-0095.
(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,

[[Page 15]]

Pickaway, and Union Counties; Ohio Environmental Protection Agency, 
Central District Office, Air Pollution control, 50 West Town Street, 
Suite 700, Columbus, Ohio 43215.
    (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, Rhode Island Department of Environmental 
          Management, Office of Air Resources, 235 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, Agency of Natural Resources, Department of 
          Environmental Conservation, Air Quality and Climate Division, 
          Davis 2, One National Life Drive, Montpelier, VT 05620-3802.
(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

[[Page 16]]

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.
(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.

[[Page 17]]

 
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.
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).


[[Page 18]]

    (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.

   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 through 
January 23, 2017. 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 Benzene...               X
K...................................  Radionuclide Emissions From Elemental Phosphorus Plants..
L...................................  Benzene Emissions From Coke By-Product Recovery Plants...               X
M...................................  Asbestos.................................................               X

[[Page 19]]

 
N...................................  Inorganic Arsenic Emissions From Glass Manufacturing                    X
                                       Plants.
O...................................  Inorganic Arsenic Emissions From Primary Copper Smelters.               X
P...................................  Inorganic Arsenic Emissions From Arsenic Trioxide and                   X
                                       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 (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 Operations.......               X
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.

[[Page 20]]

 
\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.
\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:

               Table 6 to Paragraph (c)(9)(i)--Delegation Status for National Emission Standards for Hazardous Air Pollutants for Arizona
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                         Air pollution control agency
                                                              Subpart                -------------------------------------------------------------------
                                                                                        Arizona DEQ    Maricopa County    Pima County      Pinal 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 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 Emission                  X                X                X                X
                                                Sources) of Benzene.
K............................................  Radionuclide Emissions From Elemental  ...............  ...............
                                                Phosphorus Plants.
L............................................  Benzene Emissions from Coke By-                     X                X                X                X
                                                Product Recovery Plants.
M............................................  Asbestos.............................               X                X                X                X
N............................................  Inorganic Arsenic Emissions From                    X                X                X
                                                Glass Manufacturing Plants.
O............................................  Inorganic Arsenic Emissions From                    X   ...............               X
                                                Primary Copper Smelters.
P............................................  Inorganic Arsenic Emissions From                    X                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                X                X                X
                                                Sources).
W............................................  Radon Emissions From Operating Mill    ...............  ...............
                                                Tailings.
X............................................  (Reserved)...........................  ...............  ...............
Y............................................  Benzene Emissions From Benzene                      X                X                X                X
                                                Storage Vessels.
Z-AA.........................................  (Reserved)...........................  ...............  ...............
BB...........................................  Benzene Emissions From Benzene                      X                X                X                X
                                                Transfer Operations.
CC-EE........................................  (Reserved)...........................  ...............  ...............

[[Page 21]]

 
FF...........................................  Benzene Waste Operations.............               X                X                X                X
--------------------------------------------------------------------------------------------------------------------------------------------------------

    (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:

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)..............  ...............  ...............  ...............

[[Page 22]]

 
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:

  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
----------------------------------------------------------------------------------------------------------------


[[Page 23]]

    (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.
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.

[[Page 24]]

 
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.
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
----------------------------------------------------------------------------------------------------------------


[[Page 25]]

    (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:

    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:

[[Page 26]]



  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   ..........
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.

[[Page 27]]

 
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                    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:

     Table 19--to Paragraph (c)(9)(iv)--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                  X                X
                                     Firing.
E.................................  Mercury..................               X                X
F.................................  Vinyl Chloride...........               X                X
G.................................  (Reserved)...............  ...............
H.................................  Emissions of                            X
                                     Radionuclides Other Than
                                     Radon From Department of
                                     Energy Facilities.
I.................................  Radionuclide Emissions                  X
                                     From 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                  X
                                     From Elemental
                                     Phosphorus Plants.
L.................................  Benzene Emissions from                  X                X
                                     Coke By-Product Recovery
                                     Plants.
M.................................  Asbestos.................  ...............               X                X
N.................................  Inorganic Arsenic                       X                X
                                     Emissions From Glass
                                     Manufacturing Plants.
O.................................  Inorganic Arsenic                       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 (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.

    Effective Date Note: At 87 FR 30108, May 18, 2022, Sec.  61.04 was 
amended by revising paragraph (b)(43), effective July 18, 2022. For the 
convenience of the user, the revised text is set forth as follows:



Sec.  61.04  Address.

                                * * * * *

    (b) * * *
    (43) State of South Dakota, Department of Agriculture and Natural 
Resources, Air Quality Program, Joe Foss Building, 523 East Capitol, 
Pierre, SD 57501-3181.

                                * * * * *

[[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 determined 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]



Sec.  61.273  Alternative means of emission limitation.

    (a) Upon written application from any person, the Administrator may 
approve the use of alternative means of emission limitation which have 
been demonstrated to his satisfaction to achieve a reduction in benzene 
emissions at least equivalent to the reduction in emissions achieved by 
any requirement in Sec.  61.271 (a), (b), or (c) of this subpart.
    (b) Determination of equivalence to the reduction in emissions 
achieved by the requirements of Sec.  61.271 (a), (b), or (c) will be 
evaluated using the following information to be included in the written 
application to the Administrator:
    (1) Actual emissions tests that use full-size or scale-model storage 
vessels that accurately collect and measure all benzene emissions from a 
given control device, and that accurately simulate wind and account for 
other emission variables such as temperature and barometric pressure.
    (2) An engineering evaluation that the Administrator determines is 
an accurate method of determining equivalence.
    (c) The Administrator may condition approval of equivalency on 
requirements that may be necessary to ensure operation and maintenance 
to achieve the same emission reduction as the requirements of Sec.  
61.271 (a), (b), or (c).
    (d) If, in the Administrator's judgment, an application for 
equivalence may be approvable, the Administrator will publish a notice 
of preliminary determination in the Federal Register and provide the 
opportunity for public hearing. After notice and opportunity for public 
hearing, the Administrator will determine the equivalence of the 
alternative means of emission limitation and will publish the final 
determination in the Federal Register.



Sec.  61.274  Initial report.

    (a) The owner or operator of each storage vessel to which this 
subpart applies and which has a design capacity greater than or equal to 
38 cubic meters (10,000 gallons) shall submit an initial report 
describing the controls which will be applied to meet the equipment 
requirements of Sec.  61.271 or Sec.  61.270(g). For an existing storage 
vessel or a new storage vessel for which construction and operation 
commenced prior to September 14, 1989, this report shall be submitted 
within 90 days of September 14, 1989 and can be combined with the report 
required by Sec.  61.10. For a new storage vessel for which construction 
or operation commenced on or after September 14, 1989, the report shall 
be combined with the report required by Sec.  61.07 or 40 CFR 65.5(b). 
In the case where the owner or operator seeks to comply with Sec.  
61.271(c), with a control device other than a flare, this information 
may consist of the information required by Sec.  61.272(c)(1).
    (b) The owner or operator of each storage vessel seeking to comply 
with Sec.  61.271(c) with a flare, shall submit a report containing the 
measurements required by 40 CFR 60.18(f) (1), (2), (3), (4), (5), and 
(6). For the owner or operator of an existing storage vessel not seeking 
to obtain a waiver or a new storage vessel for which construction and 
operation commenced prior to September 14, 1989, this report shall be 
combined with the report required by paragraph (a) of this section. For 
the owner or operator of an existing storage vessel seeking to obtain a 
waiver, the reporting date will be established in the response to the 
waiver request. For the owner or operator of a new storage vessel for 
which construction or operation commenced after September 14, 1989, the 
report shall be submitted within 9O days of the date the vessel is 
initially filled (or partially filled) with benzene.

[54 FR 38077, Sept. 14, 1989, as amended at 65 FR 78284, Dec. 14, 2000]



Sec.  61.275  Periodic report.

    (a) The owner or operator of each storage vessel to which this 
subpart applies after installing control equipment in accordance with 
Sec.  61.271(a) (fixed roof

[[Page 185]]

and internal floating roof) shall submit a report describing the results 
of each inspection conducted in accordance with Sec.  61.272(a). For 
vessels for which annual inspections are required under Sec.  
61.272(a)(2), the first report is to be submitted no more than 12 months 
after the initial report submitted in accordance with Sec.  61.274, and 
each report is to be submitted within 60 days of each annual inspection.
    (1) Each report shall include the date of the inspection of each 
storage vessel and identify each storage vessel in which:
    (i) 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 from the internal floating roof, or there 
are holes, tears or other openings in the seal or seal fabric; or
    (ii) There are visible gaps between the seal and the wall of the 
storage vessel.
    (2) Where an annual report identifies any condition in paragraph 
(a)(1) of this section the annual report shall describe the nature of 
the defect, the date the storage vessel was emptied, and the nature of 
and date the repair was made, except as provided in paragraph (a)(3) of 
this section.
    (3) If an extension is requested in an annual periodic report in 
accordance with Sec.  61.272(a)(2), a supplemental periodic report shall 
be submitted within 15 days of repair. The supplemental periodic report 
shall identify the vessel and describe the date the storage vessel was 
emptied and the nature of and date the repair was made.
    (b) The owner or operator of each storage vessel to which this 
subpart applies after installing control equipment in accordance with 
Sec.  61.271(a) (fixed roof and internal floating roof) shall submit a 
report describing the results of each inspection conducted in accordance 
with Sec.  61.272(a) (3) or (4).
    (1) The report is to be submitted within 60 days of conducting each 
inspection required by Sec.  61.272(a) (3) or (4).
    (2) Each report shall identify each storage vessel in which the 
owner or operator finds that 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 (if one has been installed) 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 report shall 
also describe the nature of the defect, the date the storage vessel was 
emptied, and the nature of and date the repair was made.
    (c) Any owner or operator of an existing storage vessel which had an 
internal floating roof with a continuous seal as of July 28, 1988, and 
which seeks to comply with the requirements of Sec.  61.271(a)(5) during 
the first time after September 14, 1989, when the vessel is emptied and 
degassed but no later than 10 years from September 14, 1989, shall 
notify the Administrator 30 days prior to the completion of the 
installation of such controls and the date of refilling of the vessel so 
the Administrator has an opportunity to have an observer present to 
inspect the storage vessel before it is refilled. This report can be 
combined with the one required by Sec.  61.275(b).
    (d) The owner or operator of each storage vessel to which this 
subpart applies after installing control equipment in accordance with 
Sec.  61.271(b) (external floating roof) shall submit a report 
describing the results of each seal gap measurement made in accordance 
with Sec.  61.272(b). The first report is to be submitted no more than 
12 months after the initial report submitted in accordance with Sec.  
61.274(a), and each annual periodic report is to be submitted within 60 
days of each annual inspection.
    (1) Each report shall include the date of the measurement, the raw 
data obtained in the measurement, and the calculations described in 
Sec.  61.272(b) (2) and (3), and shall identify each storage vessel 
which does not meet the gap specifications of Sec.  61.272(b). Where an 
annual report identifies any vessel not meeting the seal gap 
specifications of Sec.  61.272(b) the report shall describe the date the 
storage vessel was emptied, the measures used to correct the condition 
and the date the storage vessel was brought into compliance.
    (2) If an extension is requested in an annual periodic report in 
accordance with Sec.  61.272(b)(4)(iii), a supplemental

[[Page 186]]

periodic report shall be submitted within 15 days of repair. The 
supplemental periodic report shall identify the vessel and describe the 
date the vessel was emptied and the nature of and date the repair was 
made.
    (e) Excess emission report.
    (1) The owner or operator of each source seeking to comply with 
Sec.  61.271(c) (vessels equipped with closed vent systems with control 
devices) shall submit a quarterly report informing the Administrator of 
each occurrence that results in excess emissions. Excess emissions are 
emissions that occur at any time when compliance with the specifications 
and requirements of Sec.  61.271(c) are not achieved, as evidenced by 
the parameters being measured in accordance with Sec.  61.272(c)(1)(ii) 
if a control device other than a flare is used, or by the measurements 
required in Sec.  61.272(d) and the general control device requirements 
in 40 CFR 60.18(f) (1) and (2) if a flare is used.
    (2) The owner or operator shall submit the following information as 
a minimum in the report required by (e)(1) of this section:
    (i) Identify the stack and other emission points where the excess 
emissions occurred;
    (ii) A statement of whether or not the owner or operator believes a 
control system malfunction has occurred.
    (3) If the owner or operator states that a control system 
malfunction has occurred, the following information as a minimum is also 
to be included in the report required under paragraph (e)(1) of this 
section:
    (i) Time and duration of the control system malfunction as 
determined by continuous monitoring data (if any), or the inspections or 
monitoring done in accordance with the operating plan required by Sec.  
61.272(c).
    (ii) Cause of excess emissions.



Sec.  61.276  Recordkeeping.

    (a) Each owner or operator with a storage vessel subject to this 
subpart shall keep copies of all the reports and records required by 
this subpart for at least 2 years, except as specified in paragraphs (b) 
and (c)(1) of this section.
    (b) Each owner or operator with a storage vessel, including any 
vessel which has a design storage capacity less than 38 cubic meters 
(10,000 gallons), shall keep readily accessible records showing the 
dimensions of the storage vessel and an analysis showing the capacity of 
the storage vessel. This record shall be kept as long as the storage 
vessel is in operation. Each storage vessel with a design capacity of 
less than 38 cubic meters (10,000 gallons) is subject to no provisions 
of this subpart other than those required by this paragraph.
    (c) The following information pertaining to closed vent system and 
control devices shall be kept in a readily accessible location.
    (1) A copy of the operating plan. This record shall be kept as long 
as the closed vent system and control device is in use.
    (2) A record of the measured values of the parameters monitored in 
accordance with Sec.  61.272(c)(1)(ii) and Sec.  61.272(c)(2).
    (3) A record of the maintenance performed in accordance with Sec.  
61.272(c)(1)(iii) of the operating plan, including the following:
    (i) The duration of each time the closed vent system and control 
device does not meet the specifications of Sec.  61.271(c) due to 
maintenance, including the following:
    (A) The first time of day and date the requirements of 61.271(c) 
were not met at the beginning of maintenance.
    (B) The first time of day and date the requirements of Sec.  
61.271(c) were met at the conclusion of maintenance.
    (C) A continuous record of the liquid level in each storage vessel 
that the closed vent system and control device receive vapors from 
during the interval between the times specified by (c)(3)(i)(A) and 
(c)(3)(i)(B). Pumping records (simultaneous input and output) may be 
substituted for records of the liquid level.



Sec.  61.277  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.

[[Page 187]]

    (b) Authorities which will not be delegated to States: Sec.  61.273.

Subparts Z-AA [Reserved]



Subpart BB_National Emission Standard for Benzene Emissions From Benzene 
                           Transfer Operations

    Source: 55 FR 8341, Mar. 7, 1990, unless otherwise noted.



Sec.  61.300  Applicability.

    (a) The affected facility to which this subpart applies is the total 
of all loading racks at which benzene is loaded into tank trucks, 
railcars, or marine vessels at each benzene production facility and each 
bulk terminal. However, specifically exempted from this regulation are 
loading racks at which only the following are loaded: Benzene-laden 
waste (covered under subpart FF of this part), gasoline, crude oil, 
natural gas liquids, petroleum distillates (e.g., fuel oil, diesel, or 
kerosene), or benzene-laden liquid from coke by-product recovery plants.
    (b) Any affected facility under paragraph (a) of this section which 
loads only liquid containing less than 70 weight-percent benzene is 
exempt from the requirements of this subpart, except for the 
recordkeeping and reporting requirements in Sec.  61.305(i).
    (c) Comply with standards at each loading rack. Any affected 
facility under paragraph (a) of this section shall comply with the 
standards in Sec.  61.302 or as specified in paragraph (f) of this 
section, if applicable, at each loading rack that is handling a liquid 
containing 70 weight-percent or more benzene.
    (d) Any affected facility under paragraph (a) of this section whose 
annual benzene loading is less than 1.3 million liters of 70 weight-
percent or more benzene is exempt from the requirements of this subpart, 
except for the recordkeeping and reporting requirements in Sec.  
61.305(i).
    (e) The owner or operator of an affected facility, as defined in 
Sec.  61.300(a) that loads a marine vessel shall be in compliance with 
the provisions of this subpart on and after July 23, 1991. If an 
affected facility that loads a marine vessel also loads a tank truck or 
railcar, the marine vessel loading racks shall be in compliance with the 
provisions of this subpart on and after July 23, 1991, while the tank 
truck loading racks and the railcar loading racks shall be in compliance 
as required by Sec.  61.12.
    (f) Alternative means of compliance--(1) Option to comply with part 
65. Owners or operators may choose to comply with 40 CFR part 65, 
subpart E, to satisfy the requirements of Sec. Sec.  61.302 through 
61.306 for all tank truck or railcar loading racks that are subject to 
this subpart. Loading racks are referred to as transfer racks in 40 CFR 
part 65, subpart E. Other provisions applying to owners or operators who 
choose to comply with 40 CFR part 65 are provided in 40 CFR 65.1. All 
marine vessel loading racks shall comply with the provisions in 
Sec. Sec.  61.302 through 61.306.
    (2) Part 61, subpart A. Owners or operators who choose to comply 
with 40 CFR part 65, subpart E, 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 loading racks. All sections and paragraphs of subpart A of this 
part that are not mentioned in this paragraph (f)(2) do not apply to 
owners or operators of loading racks complying with 40 CFR part 65, 
subpart E, 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 E, must comply with 40 CFR part 
65, subpart A.

[55 FR 8341, Mar. 7, 1990, as amended at 55 FR 45804, Oct. 31, 1990; 65 
FR 78284, Dec. 14, 2000]



Sec.  61.301  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, or in subpart A or subpart V of part 61.
    Bulk terminal means any facility which receives liquid product 
containing benzene by pipelines, marine vessels, tank trucks, or 
railcars, and loads the product for further distribution into tank 
trucks, railcars, or marine vessels.
    Car-sealed means having 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

[[Page 188]]

valve cannot be changed without breaking the seal and requiring the 
replacement of the old seal, once broken, with a new seal.
    Control device means all equipment used for recovering or oxidizing 
benzene vapors displaced from the affected facility.
    Incinerator means any enclosed combustion device that is used for 
destroying organic compounds and that does not extract energy in the 
form of steam or process heat. These devices do not rely on the heating 
value of the waste gas to sustain efficient combustion. Auxiliary fuel 
is burned in the device and the heat from the fuel flame heats the waste 
gas to combustion temperature. Temperature is controlled by controlling 
combustion air or fuel.
    Leak means any instrument reading of 10,000 ppmv or greater using 
Method 21 of 40 CFR part 60, appendix A.
    Loading cycle means the time period from the beginning of filling a 
tank truck, railcar, or marine vessel until flow to the control device 
ceases, as measured by the flow indicator.
    Loading rack means the loading arms, pumps, meters, shutoff valves, 
relief valves, and other piping and valves necessary to fill tank 
trucks, railcars, or marine vessels.
    Marine vessel means any tank ship or tank barge which transports 
liquid product such as benzene.
    Nonvapor tight means any tank truck, railcar, or marine vessel that 
does not pass the required vapor-tightness test.
    Process heater means a device that transfers heat liberated by 
burning fuel to fluids contained in tubes, except water that is heated 
to produce steam.
    Steam generating unit means any enclosed combustion device that uses 
fuel energy in the form of steam.
    Vapor collection system means any equipment located at the affected 
facility used for containing benzene vapors displaced during the loading 
of tank trucks, railcars, or marine vessels. This does not include the 
vapor collection system that is part of any tank truck, railcar, or 
marine vessel vapor collection manifold system.
    Vapor-tight marine vessel means a marine vessel with a benzene 
product tank that has been demonstrated within the preceding 12 months 
to have no leaks. This demonstration shall be made using Method 21 of 
part 60, appendix A, during the last 20 percent of loading and during a 
period when the vessel is being loaded at its maximum loading rate. A 
reading of greater than 10,000 ppm as methane shall constitute a leak. 
As an alternative, a marine vessel owner or operator may use the vapor-
tightness test described in Sec.  61.304(f) to demonstrate vapor 
tightness. A marine vessel operated at negative pressure is assumed to 
be vapor-tight for the purpose of this standard.
    Vapor-tight tank truck or vapor-tight railcar means a tank truck or 
railcar for which it has been demonstrated within the preceding 12 
months that its product tank will sustain a pressure change of not more 
than 750 pascals within 5 minutes after it is pressurized to a minimum 
of 4,500 pascals. This capability is to be demonstrated using the 
pressure test procedure specified in Method 27 of appendix A to 40 CFR 
part 60, and a pressure measurement device which has a precision of 
2.5 mm water and which is capable of measuring 
above the pressure at which the tank truck or railcar is to be tested 
for vapor tightness.

[55 FR 8341, Mar. 7, 1990, as amended at 65 FR 62159, Oct. 17, 2000]



Sec.  61.302  Standards.

    (a) The owner or operator of an affected facility shall equip each 
loading rack with a vapor collection system that is:
    (1) Designed to collect all benzene vapors displaced from tank 
trucks, railcars, or marine vessels during loading, and
    (2) Designed to prevent any benzene vapors collected at one loading 
rack from passing through another loading rack to the atmosphere.
    (b) The owner or operator of an affected facility shall install a 
control device and reduce benzene emissions routed to the atmosphere 
through the control device by 98 weight percent. If a boiler or process 
heater is used to comply with the percent reduction requirement, then 
the vent stream shall be introduced into the flame zone of such a 
device.

[[Page 189]]

    (c) The owner or operator of an affected facility shall operate any 
flare used to comply with paragraph (b) of this section in accordance 
with the requirements of Sec.  60.18 (b) through (f).
    (d) The owner or operator of an affected facility shall limit 
loading of benzene into vapor-tight tank trucks and vapor-tight railcars 
using the following procedures:
    (1) The owner or operator shall obtain the vapor-tightness 
documentation described in Sec.  61.305(h) for each tank truck or 
railcar loaded at the affected facility. The test date in the 
documentation must be within the preceding 12 months. The vapor-
tightness test to be used for tank trucks and railcars is Method 27 of 
appendix A to 40 CFR part 60.
    (2) The owner or operator shall cross-check the identification 
number for each tank truck or railcar to be loaded with the file of 
vapor-tightness documentation before the corresponding tank truck or 
railcar is loaded. If no documentation is on file, the owner or operator 
shall obtain a copy of the information from the tank truck or railcar 
operator before the tank truck or railcar is loaded.
    (3) Alternate procedures to those described in paragraphs (d)(1) and 
(d)(2) of this section may be used upon application to, and approval by, 
the Administrator.
    (e) The owner or operator of an affected facility shall limit the 
loading of marine vessels to those vessels that are vapor tight as 
determined by either paragraph (e)(1), (e)(2), (e)(3), or (e)(4) of this 
section.
    (1) The owner or operator of an affected facility shall ensure that 
each marine vessel is loaded with the benzene product tank below 
atmospheric pressure (i.e., at negative pressure). If the pressure is 
measured at the interface between the shoreside vapor collection pipe 
and the marine vessel vapor line, the pressure measured according to the 
procedures in Sec.  61.303(f) must be below atmospheric pressure.
    (2) The owner or operator of an affected facility shall use the 
following procedure to obtain the vapor-tightness documentation 
described in Sec.  61.305(h). The vapor-tightness test for marine 
vessels is Method 21 of appendix A to 40 CFR part 60, and shall be 
applied to any potential sources of vapor leaks. A reading of 10,000 
ppmv or greater as methane shall constitute a leak.
    (i) The owner or operator of an affected facility shall obtain the 
leak test documentation described in Sec.  61.305(h) for each marine 
vessel prior to loading, if available. The date of the test listed in 
the documentation must be within the 12 preceding months.
    (ii) If there is no documentation of a successful leak test 
conducted on the marine vessel in the preceding 12 months, the owner or 
operator of an affected facility shall require that a leak test of the 
marine vessel be conducted during the final 20 percent of loading of the 
marine vessel or shall not load the vessel. The test shall be conducted 
when the marine vessel is being loaded at the maximum allowable loading 
rate.
    (A) If no leak is detected, the owner or operator of an affected 
facility shall require that the documentation described in Sec.  
61.305(h) is completed prior to departure of the vessel. The owner or 
operator of the affected facility shall retain a copy of the vapor-
tightness documentation on file.
    (B) If any leak is detected, the owner or operator of an affected 
facility shall require that the vapor-tightness failure be documented 
for the marine vessel owner or operator prior to departure of the 
vessel. The owner or operator of the affected facility shall retain a 
copy of the vapor-tightness documentation on file. Delay of repair of 
equipment for which leaks have been detected will be allowed if the 
repair is technically infeasible without dry-docking the vessel. This 
equipment will be excluded from future Method 21 of appendix A to 40 CFR 
part 60 tests until repairs are effected. Repair of this equipment shall 
occur the next time the vessel is dry-docked.
    (iii) If the marine vessel has failed its most recent vapor-
tightness test as described in Sec.  61.302(e)(2)(ii), the owner or 
operator of the affected facility shall require that the owner or 
operator of the nonvapor-tight marine vessel provide documentation that 
the leaks detected during the previous vapor-tightness test have been 
repaired, or proof

[[Page 190]]

that repair is technically infeasible without dry-docking the vessel. 
Once the repair documentation has been provided, the owner or operator 
may load the marine vessel. The owner or operator shall require that the 
vapor-tightness test described in Sec.  61.302(e)(2)(ii) be conducted 
during loading, and shall retain a copy of the vapor-tightness 
documentation on file.
    (3) The owner or operator of an affected facility shall obtain a 
copy of the marine vessel's vapor-tightness documentation described in 
Sec.  61.305(h) for a test conducted within the preceding 12 months in 
accordance with Sec.  61.304(f).
    (4) Alternate procedures to those described in paragraphs (e)(1), 
(e)(2) and (e)(3) of this section may be used upon application to, and 
approval by, the Administrator.
    (f) The owner or operator of an affected facility shall limit 
loading of benzene to tank trucks, railcars, and marine vessels equipped 
with vapor collection equipment that is compatible with the affected 
facility's vapor collection system.
    (g) The owner or operator of an affected facility shall limit 
loading of tank trucks, railcars, and marine vessels to tank trucks, 
railcars, and marine vessels whose collection systems are connected to 
the affected facility's vapor collection systems.
    (h) The owner or operator of an affected facility shall ensure that 
the vapor collection and benzene loading equipment of tank trucks and 
railcars shall be designed and operated to prevent gauge pressure in the 
tank truck or railcar tank from exceeding, during loading, the initial 
pressure the tank was pressured up to and shown to be vapor tight at 
during the most recent vapor-tightness test using Method 27 of appendix 
A to 40 CFR part 60. This vapor-tightness test pressure is not to be 
exceeded when measured by the procedures specified in Sec.  61.304(c).
    (i) The owner or operator of an affected facility shall ensure that 
no pressure-vacuum vent in the affected facility's vapor collection 
system for tank trucks and railcars shall begin to open at a system 
pressure less than the maximum pressure at which the tank truck or 
railcar is operated.
    (j) The owner or operator of an affected facility shall ensure that 
the maximum normal operating pressure of the marine vessel's vapor 
collection equipment shall not exceed 0.8 times the relief set pressure 
of the pressure-vacuum vents. This level is not to be exceeded when 
measured by the procedures specified in Sec.  61.304(d).
    (k) The owner or operator of an affected facility shall inspect the 
vapor collection system and the control device for detectable emissions, 
and shall repair any leaks detected, in accordance with Sec.  61.242-11 
(e) and (f). This inspection of the vapor collection system and control 
device shall be done during the loading of tank trucks, railcars, or 
marine vessels.
    (l) Vent systems that contain valves that could divert a vent stream 
from a control device shall have car-sealed opened all valves in the 
vent system from the emission source to the control device, and car-
sealed closed all valves in the vent system that would lead the vent 
stream to the atmosphere, either directly or indirectly, bypassing the 
control device.

[55 FR 8341, Mar. 7, 1990, as amended at 65 FR 62159, Oct. 17, 2000]



Sec.  61.303  Monitoring requirements.

    (a) Each owner or operator of an affected facility that uses an 
incinerator to comply with the percent reduction requirement specified 
under Sec.  61.302(b) shall install, calibrate, maintain, and operate 
according to manufacturer's specifications a temperature monitoring 
device equipped with a continuous recorder and having an accuracy of 
1 percent of the combustion temperature being 
measured expressed in degrees Celsius or 0.5 
[deg]C, whichever is greater.
    (1) Where an incinerator other than a catalytic incinerator is used, 
the owner or operator of the affected facility shall install a 
temperature monitoring device in the firebox.
    (2) Where a catalytic incinerator is used, the owner or operator 
shall install temperature monitoring devices in the gas stream 
immediately before and after the catalyst bed.

[[Page 191]]

    (b) Each owner or operator of an affected facility that uses a flare 
to comply with Sec.  61.302(b) shall install, calibrate, maintain, and 
operate according to manufacturer's specifications a heat sensing 
device, such as an ultraviolet beam sensor or thermocouple, at the pilot 
light to indicate the presence of a flame during the entire loading 
cycle.
    (c) Each owner or operator of an affected facility that uses a steam 
generating unit or process heater to comply with Sec.  61.302(b) shall 
comply with the following requirements. Where a steam generating unit 
with a design heat input capacity of less than 44 MW (150 x 10\6\ BTU/
hr) is used to comply with Sec.  61.302(b), the owner or operator of an 
affected facility shall comply with paragraph (c)(1) of this section. 
Where a steam generating unit or process heater with a design heat input 
capacity of 44 MW (150 x 10\6\ BTU/hr) or greater is used to comply with 
Sec.  61.302(b), the owner or operator of an affected facility shall 
comply with paragraph (c)(2) of this section.
    (1) Install in the firebox, calibrate, maintain, and operate 
according to manufacturer's specifications a temperature monitoring 
device equipped with a continuous recorder and having an accuracy of 
1 percent of the temperature being measured 
expressed in degrees Celsius or 0.5 [deg]C, 
whichever is greater, for steam generating units or process heaters of 
less than 44 MW (150 x 10\6\ BTU/hr) design heat input capacity.
    (2) Monitor and record the periods of operation of the steam 
generating units or process heater if the design heat input capacity of 
the steam generating unit or process heater is 44 MW (150 x 10\6\ BTU/
hr) or greater. The records must be readily available for inspection.
    (d) Each owner or operator of an affected facility that uses a 
carbon adsorption system to comply with the percent reduction 
requirement specified under Sec.  61.302(b) shall install, calibrate, 
maintain, and operate according to manufacturer's specifications a 
device that continuously indicates and records the concentration or 
reading of organic compounds in the outlet gas stream of each carbon 
adsorber bed.
    (e) The owner or operator of an affected facility who wishes to 
demonstrate compliance with the standards specified under Sec.  
61.302(b) using control devices other than an incinerator, steam 
generating unit, process heater, carbon adsorber, or flare shall provide 
the Administrator with information describing the operation of the 
control device and the process parameter(s) that would indicate proper 
operation and maintenance of the device. The Administrator may request 
further information and will specify appropriate monitoring procedures 
or requirements.
    (f) Each owner or operator of an affected facility complying with 
Sec.  61.302(e)(1) shall install, calibrate, maintain, and operate a 
recording pressure measurement device (magnehelic gauge or equivalent 
device) and an audible and visible alarm system that is activated when 
the pressure vacuum specified in Sec.  61.302(e)(1) is not attained. The 
owner or operator shall place the alarm system so that it can be seen 
and heard where cargo transfer is controlled and on the open deck.
    (g) Owners or operators using a vent system that contains valves 
that could divert a vent stream from a control device used to comply 
with the provisions of this subpart shall do one or a combination of the 
following:
    (1) Install a flow indicator immediately downstream of each valve 
that if opened would allow a vent stream to bypass the control device 
and be emitted, either directly or indirectly, to the atmosphere. The 
flow indicator shall be capable of recording flow at least once every 15 
minutes.
    (2) Monitor the valves once a month, checking the position of the 
valves and the condition of the car seal, and identify all times when 
the car seals have been broken and the valve position has been changed 
(i.e., from opened to closed for valves in the vent piping to the 
control device and from closed to open for valves that allow the stream 
to be vented directly or indirectly to the atmosphere).

[55 FR 8341, Mar. 7, 1990, as amended at 65 FR 62159, Oct. 17, 2000]

[[Page 192]]



Sec.  61.304  Test methods and procedures.

    (a) The procedures for determining compliance with Sec.  61.302(b) 
for all control devices other than flares is as follows:
    (1) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (2) The time period for a performance test shall be not less than 6 
hours, during which at least 300,000 liters of benzene are loaded. If 
the throughput criterion is not met during the initial 6 hours, the test 
may be either continued until the throughput criterion is met, or 
resumed the next day with at least another 6 complete hours of testing.
    (3) For intermittent control devices:
    (i) The vapor holder level of the intermittent control device shall 
be recorded at the start of the performance test. The end of the 
performance test shall coincide with the time when the vapor holder is 
at its original level.
    (ii) At least two startups and shutdowns of the control device shall 
occur during the performance test. If this does not occur under an 
automatically controlled operation, the system shall be manually 
controlled.
    (4) An emission testing interval shall consist of each 5-minute 
period during the performance test. For each interval:
    (i) The reading from each measurement instrument shall be recorded.
    (ii) Method 1 or 1A of part 60, appendix A, as appropriate, shall be 
used for selection of the sampling site,
    (iii) The volume exhausted shall be determined using Method 2, 2A, 
2C, or 2D of part 60, appendix A, as appropriate.
    (iv) The average benzene concentration upstream and downstream of 
the control device in the vent shall be determined using Method 25A or 
Method 25B of appendix A of this part, using benzene as the calibration 
gas. The average benzene concentration shall correspond to the volume 
measurement by taking into account the sampling system response time.
    (5) The mass emitted during each testing interval shall be 
calculated as follows:

Mi = FKVS C

where:
Mi = Mass of benzene emitted during testing interval i, kg.
Vs = Volume of air-vapor mixture exhausted, m\3\ at standard 
          conditions.
C = Benzene concentration (as measured) at the exhaust vent, ppmv.
K = Density, (kg/m\3\ benzene), standard conditions.
K = 3.25 for benzene.
F = Conversion factor, (m\3\ benzene/m\3\ air)(1/ppmv).
F = 10/-6/.
s = Standard conditions, 20 [deg]C and 760 mm Hg.

    (6) The benzene mass emission rates before and after the control 
device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.056

where:

E = Mass flow rate of benzene emitted, kg/hr.
Mi = Mass of benzene emitted during testing interval i, kg.
T = Total time of all testing intervals, hr.
n = Number of testing intervals.

    (7) The percent reduction across the control device shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.057

where:
R = Control efficiency of control device, %.
Eb = Mass flow rate of benzene prior to control device, kg/
          hr.
Ea = Mass flow rate of benzene after control device, kg/hr.

    (b) When a flare is used to comply with Sec.  61.302(b), a 
performance test according to Method 22 of appendix A of 40 CFR part 60 
shall be performed to determine visible emissions. The observation 
period shall be at least 2 hours. Performance testing shall be conducted 
during at least three complete loading cycles with a separate test run 
for each loading cycle. The observation period for detecting visible 
emissions shall encompass each loading cycle. Integrated sampling to 
measure process vent stream flow rate shall be performed continuously 
during each loading cycle.
    (c) For the purpose of determining compliance with Sec.  61.302(h), 
the following procedures shall be used:

[[Page 193]]

    (1) Calibrate and install a pressure measurement device (liquid 
manometer, magnehelic gauge, or equivalent instrument), which has a 
precision of 2.5 mm H20 in the range 
that the tank truck or railcar was initially pressured to during the 
most recent vapor-tightness test.
    (2) Connect the pressure measurement device to a pressure tap in the 
affected facility's vapor collection system, located as close as 
possible to the connection with the tank truck or railcar.
    (3) During the performance test, record the pressure every 5 minutes 
while a tank truck or railcar is being loaded, and record the highest 
instantaneous pressure that occurs during each loading cycle. Every 
loading rack shall be tested at least once during the performance test.
    (4) If more than one loading rack is used simultaneously, then the 
performance test shall be conducted simultaneously to represent the 
maximum capacity.
    (d) For the purpose of determining compliance with Sec.  61.302(j), 
the following procedures shall be used:
    (1) Calibrate and install a pressure measurement device (liquid 
manometer, magnehelic gauge, or equivalent instrument), capable of 
measuring up to the relief set pressure of the pressure-vacuum vents.
    (2) Connect the pressure measurement device to a pressure tap in the 
affected facility's vapor collection system, located as close as 
possible to the connection with the marine vessel.
    (3) During the performance test, record the pressure every 5 minutes 
while a marine vessel is being loaded, and record the highest 
instantaneous pressure that occurs during each loading cycle.
    (e) Immediately prior to a performance test required for 
determination of compliance with Sec.  61.302(b), all potential sources 
of vapor leakage in the affected facility's vapor collection system 
equipment shall be inspected for detectable emissions as required in 
Sec.  61.302(k). The monitoring shall be conducted only while a vapor-
tight tank truck, railcar, or marine vessel is being loaded. All 
identified leaks in the terminal's vapor collection system shall be 
repaired prior to conducting the performance test.
    (f) The following test method shall be used to comply with the 
marine vessel vapor-tightness requirements of Sec.  61.302(e)(3):
    (1) Each benzene product tank shall be pressurized with dry air or 
inert gas to not less than 1.0 psig and not more than the pressure of 
the lowest relief valve setting.
    (2) Once the pressure is obtained, the dry air or inert gas source 
shall be shut off.
    (3) At the end of one-half hour, the pressure in the benzene product 
tank and piping shall be measured. The change in pressure shall be 
calculated using the following formula:

[Delta] P = Pi--Pf

where:

[Delta] P = Change in pressure, inches of water.
Pi = Pressure in tank when air/gas source is shut off, inches 
          of water.
Pf = Pressure in tank at the end of one-half hour after air/
          gas source is shut off, inches of water.

    (4) The change in pressure, [Delta] P, shall be compared to the 
pressure drop calculated using the following formula:

[Delta] PM = 0.861 Pia L/V

where:

[Delta] PM = Maximum allowable pressure change, inches of water.
Pia = Pressure in tank when air/gas source is shut off, 
          pounds per square inch, absolute (psia).
L = Maximum permitted loading rate of vessel, barrels per hour.
V = Total volume of product tank, barrels.

    (5) If [Delta]P<=[Delta]PM, the vessel is vapor tight.
    (6) If [Delta]P[Delta]PM, the vessel is not vapor tight 
and the source of the leak must be identified and repaired prior to 
retesting.

[55 FR 8341, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990, as amended at 65 
FR 62159, Oct. 17, 2000]



Sec.  61.305  Reporting and recordkeeping.

    (a) Each owner or operator of an affected facility subject to the 
provisions of this subpart shall keep an up-to-date, readily accessible 
record of the following data measured during each performance test, and 
also include the

[[Page 194]]

following data in the report of the initial performance test required 
under Sec.  61.13. Where a steam generating unit or process heater with 
a design heat input capacity of 44 MW (150 x 10\6\ BTU/hr) or greater is 
used to comply with Sec.  61.302(b), a report containing performance 
test data need not be submitted, but a report containing the information 
in Sec.  61.305(a)(3)(i) is required.
    (1) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec.  61.302(b) through use of an incinerator:
    (i) The average firebox temperature of the incinerator (or the 
average temperature upstream and downstream of the catalyst bed), 
measured at least every 2 minutes during a loading cycle if the total 
time period of the loading cycle is less than 3 hours and every 15 
minutes if the total time period of the loading cycle is equal to or 
greater than 3 hours. The measured temperature shall be averaged over 
the loading cycle.
    (ii) The percent reduction of benzene determined as specified in 
Sec.  61.304(a) achieved by the incinerator.
    (iii) The duration of the loading cycle.
    (2) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec.  61.302 (b) and (c) through use of a 
smokeless flare or other flare design (i.e., steam-assisted, air-
assisted or nonassisted), all visible emission readings, heat content 
determination, flow rate measurements, maximum permitted velocity 
calculations, and exit velocity determinations made during the 
performance test, continuous records of the flare pilot flame monitoring 
measured continuously during the loading cycle, duration of all loading 
cycles and records of all loading cycles during which the pilot flame is 
absent for each vent stream.
    (3) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec.  61.302(b) through the use of a steam 
generating unit or process heater:
    (i) A description of the location at which the vent stream is 
introduced into the steam generating unit or process heater.
    (ii) The average combustion temperature of the steam generating unit 
or process heater with a design heat input capacity of less than 44 MW 
(150 x 10\6\ BTU/hr), measured with the following frequency: at least 
every 2 minutes during a loading cycle if the total time period of the 
loading cycle is less than 3 hours, and every 15 minutes if the total 
time period of the loading cycle is equal to or greater than 3 hours. 
The measured temperature shall be averaged over the loading cycle.
    (iii) The duration of the loading cycle.
    (4) Where an owner or operator subject to the provisions of this 
subpart is complying with Sec.  61.302(b) through the use of a carbon 
adsorption system, the control efficiency, R, of the carbon adsorption 
system, and all supporting performance test data and calculations used 
to determine that value.
    (5) Each owner or operator subject to the provisions of this subpart 
shall submit with the initial performance test an engineering report 
describing in detail the vent system used to vent each affected vent 
stream to a control device. This report shall include all valves and 
vent pipes that could vent the stream to the atmosphere, thereby 
bypassing the control device, and identify which valves are car-sealed 
opened and which valves are car-sealed closed.
    (b) Each owner or operator subject to the provisions of this subpart 
shall keep up-to-date, readily accessible continuous records of the 
equipment operating parameters specified to be monitored under Sec.  
61.303 (a), (c), and (d) as well as up-to-date, readily accessible 
records of periods of operation during which the parameter boundaries 
established during the most recent performance test are exceeded. The 
Administrator may at any time require a report of these data. Periods of 
operation during which the parameter boundaries established during the 
most recent performance tests are exceeded are defined as follows:
    (1) For thermal incinerators, all loading cycles during which the 
average combustion temperature was more than 28 [deg]C (50 [deg]F) below 
the average loading cycle combustion temperature during the most recent 
performance test at which compliance with Sec.  61.302(b) was 
determined.

[[Page 195]]

    (2) For catalytic incinerators, all loading cycles during which 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 process vent stream during loading cycles during the most recent 
performance test at which compliance with Sec.  61.302(b) was 
determined.
    (3) All loading cycles during which the average combustion 
temperature was more than 28 [deg]C (50 [deg]F) below the average 
combustion temperature during the most recent performance test at which 
compliance with Sec.  61.302(b) was determined for steam generating 
units or process heaters with a design heat input capacity of less than 
44 MW (150 x 10\6\ BTU/hr).
    (4) For steam generating units or process heaters, whenever there is 
a change in the location at which the vent stream is introduced into the 
flame zone as required under Sec.  61.302(b).
    (5) For carbon adsorbers, all 3-hour periods of operation during 
which the average VOC concentration or reading of organics in the 
exhaust gases is more than 20 percent greater than the average exhaust 
gas concentration or reading measured by the organics monitoring device 
during the most recent determination of the recovery efficiency of the 
carbon adsorber that demonstrated that the facility was in compliance.
    (c) If a vent system containing valves that could divert the 
emission stream away from the control device is used, each owner or 
operator subject to the provisions of this subpart shall keep for at 
least 2 years up-to-date, readily accessible continuous records of:
    (1) All periods when flow is indicated if flow indicators are 
installed under Sec.  61.303(g)(1).
    (2) All times when maintenance is performed on car-sealed valves, 
when the car seal is broken, and when the valve position is changed 
(i.e., from open to closed for valves in the vent piping to the control 
device and from closed to open for valves that vent the stream directly 
or indirectly to the atmosphere bypassing the control device) if valves 
are monitored under Sec.  60.303(g)(2).
    (d) Each owner or operator of an affected facility subject to the 
provisions of this subpart who uses a steam generating unit or process 
heater with a design heat input capacity of 44 MW (150 x 10\6\ BTU/hr) 
or greater to comply with Sec.  61.302(b) shall keep an up-to-date, 
readily accessible record of all periods of operation of the steam 
generating unit or process heater. Examples of such records could 
include records of steam use, fuel use, or monitoring data collected 
pursuant to other State or Federal regulatory requirements.
    (e) Each owner or operator of an affected facility subject to the 
provisions of this subpart shall keep up-to-date, readily accessible 
records of the flare pilot flame monitoring specified under Sec.  
61.303(b), as well as up-to-date, readily accessible records of any 
absence of the pilot flame during a loading cycle.
    (f) Each owner or operator of an affected facility subject to the 
requirements of Sec.  61.302 shall submit to the Administrator quarterly 
reports of the following information. The owner or operator shall submit 
the initial report within 90 days after the effective date of this 
subpart or 90 days after startup for a source that has an initial 
startup date after the effective date.
    (1) Periods of operation where there were exceedances of monitored 
parameters recorded under Sec.  61.305(b).
    (2) All periods recorded under Sec.  61.305(c)(1) when the vent 
stream is diverted from the control device.
    (3) All periods recorded under Sec.  61.305(d) when the steam 
generating unit or process heater was not operating.
    (4) All periods recorded under Sec.  61.305(e) in which the pilot 
flame of the flare was absent.
    (5) All times recorded under Sec.  61.305(c)(2) when maintenance is 
performed on car-sealed valves, when the car seal is broken, and when 
the valve position is changed.
    (g) The owner or operator of an affected facility shall keep the 
vapor-tightness documentation required under Sec.  61.302 (d) and (e) on 
file at the affected facility in a permanent form available for 
inspection.
    (h) The owner or operator of an affected facility shall update the 
documentation file required under Sec.  61.302

[[Page 196]]

(d) and (e) for each tank truck, railcar, or marine vessel at least once 
per year to reflect current test results as determined by the 
appropriate method. The owner or operator shall include, as a minimum, 
the following information in this documentation:
    (1) Test title;
    (2) Tank truck, railcar, or marine vessel owner and address;
    (3) Tank truck, railcar, or marine vessel identification number;
    (4) Testing location;
    (5) Date of test;
    (6) Tester name and signature;
    (7) Witnessing inspector: name, signature, and affiliation; and
    (8) Test results, including, for railcars and tank trucks, the 
initial pressure up to which the tank was pressured at the start of the 
test.
    (i) Each owner or operator of an affected facility complying with 
Sec.  61.300(b) or Sec.  61.300(d) shall record the following 
information. The first year after promulgation the owner or operator 
shall submit a report containing the requested information to the 
Director of the Emission Standards Division, (MD-13), U.S. Environmental 
Protection Agency, Research Triangle Park, North Carolina 27711. After 
the first year, the owner or operator shall continue to record; however, 
no reporting is required. The information shall be made available if 
requested. The information shall include, as a minimum:
    (1) The affected facility's name and address;
    (2) The weight percent of the benzene loaded;
    (3) The type of vessel loaded (i.e., tank truck, railcar, or marine 
vessel); and
    (4) The annual amount of benzene loaded into each type of vessel.

[55 FR 8341, Mar. 7, 1990, as amended at 65 FR 62159, Oct. 17, 2000]



Sec.  61.306  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: No 
restrictions.

Subparts CC-EE [Reserved]



   Subpart FF_National Emission Standard for Benzene Waste Operations

    Source: 55 FR 8346, Mar. 7, 1990, unless otherwise noted.



Sec.  61.340  Applicability.

    (a) The provisions of this subpart apply to owners and operators of 
chemical manufacturing plants, coke by-product recovery plants, and 
petroleum refineries.
    (b) The provisions of this subpart apply to owners and operators of 
hazardous waste treatment, storage, and disposal facilities that treat, 
store, or dispose of hazardous waste generated by any facility listed in 
paragraph (a) of this section. The waste streams at hazardous waste 
treatment, storage, and disposal facilities subject to the provisions of 
this subpart are the benzene-containing hazardous waste from any 
facility listed in paragraph (a) of this section. A hazardous waste 
treatment, storage, and disposal facility is a facility that must obtain 
a hazardous waste management permit under subtitle C of the Solid Waste 
Disposal Act.
    (c) At each facility identified in paragraph (a) or (b) of this 
section, the following waste is exempt from the requirements of this 
subpart:
    (1) Waste in the form of gases or vapors that is emitted from 
process fluids:
    (2) Waste that is contained in a segregated stormwater sewer system.
    (d) At each facility identified in paragraph (a) or (b) of this 
section, any gaseous stream from a waste management unit, treatment 
process, or wastewater treatment system routed to a fuel gas system, as 
defined in Sec.  61.341, is exempt from this subpart. No testing, 
monitoring, recordkeeping, or reporting is required under this subpart 
for any gaseous stream from a waste management unit, treatment process, 
or wastewater treatment unit routed to a fuel gas system.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 37231, Sept. 10, 1990; 58 
FR 3095, Jan. 7, 1993; 67 FR 68531, Nov. 12, 2002]

[[Page 197]]



Sec.  61.341  Definitions.

    Benzene concentration means the fraction by weight of benzene in a 
waste as determined in accordance with the procedures specified in Sec.  
61.355 of this subpart.
    Car-seal means a seal that is placed on a device that is used to 
change the position of a valve (e.g., from opened to closed) in such a 
way that the position of the valve cannot be changed without breaking 
the seal.
    Chemical manufacturing plant means any facility engaged in the 
production of chemicals by chemical, thermal, physical, or biological 
processes for use as a product, co-product, by-product, or intermediate 
including but not limited to industrial organic chemicals, organic 
pesticide products, pharmaceutical preparations, paint and allied 
products, fertilizers, and agricultural chemicals. Examples of chemical 
manufacturing plants include facilities at which process units are 
operated to produce one or more of the following chemicals: 
benzenesulfonic acid, benzene, chlorobenzene, cumene, cyclohexane, 
ethylene, ethylbenzene, hydroquinone, linear alklylbenzene, 
nitrobenzene, resorcinol, sulfolane, or styrene.
    Closed-vent system means a system that is not open to the atmosphere 
and is composed of piping, ductwork, connections, and, if necessary, 
flow inducing devices that transport gas or vapor from an emission 
source to a control device.
    Coke by-product recovery plant means any facility 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.
    Container means any portable waste management unit in which a 
material is stored, transported, treated, or otherwise handled. Examples 
of containers are drums, barrels, tank trucks, barges, dumpsters, tank 
cars, dump trucks, and ships.
    Control device means an enclosed combustion device, vapor recovery 
system, or flare.
    Cover means a device or system which is placed on or over a waste 
placed in a waste management unit so that the entire waste surface area 
is enclosed and sealed to minimize air emissions. A cover may have 
openings necessary for operation, inspection, and maintenance of the 
waste management unit such as access hatches, sampling ports, and gauge 
wells provided that each opening is closed and sealed when not in use. 
Example of covers include a fixed roof installed on a tank, a lid 
installed on a container, and an air-supported enclosure installed over 
a waste management unit.
    External floating roof means a pontoon-type or double-deck type 
cover with certain rim sealing mechanisms that rests on the liquid 
surface in a waste management unit with no fixed roof.
    Facility means all process units and product tanks that generate 
waste within a stationary source, and all waste management units that 
are used for waste treatment, storage, or disposal within a stationary 
source.
    Fixed roof means a cover that is mounted on a waste management unit 
in a stationary manner and that does not move with fluctuations in 
liquid level.
    Floating roof means a cover with certain rim sealing mechanisms 
consisting of a double deck, pontoon single deck, internal floating 
cover or covered floating roof, which rests upon and is supported by the 
liquid being contained, and is equipped with a closure seal or seals to 
close the space between the roof edge and unit wall.
    Flow indicator means a device which indicates whether gas flow is 
present in a line or vent system.
    Fuel gas system means the offsite and onsite piping and control 
system that gathers gaseous streams generated by facility operations, 
may blend them with sources of gas, if available, and transports the 
blended gaseous fuel at suitable pressures for use as fuel in heaters, 
furnaces, boilers, incinerators, gas turbines, and other combustion 
devices located within or outside the facility. The fuel is piped 
directly to each individual combustion device, and the system typically 
operates at pressures over atmospheric.
    Individual drain system means the system used to convey waste from a 
process unit, product storage tank, or waste management unit to a waste

[[Page 198]]

management unit. The term includes all process drains and common 
junction boxes, together with their associated sewer lines and other 
junction boxes, down to the receiving waste management unit.
    Internal floating roof means a cover that rests or floats on the 
liquid surface inside a waste management unit that has a fixed roof.
    Liquid-mounted seal means a foam or liquid-filled primary seal 
mounted in contact with the liquid between the waste management unit 
wall and the floating roof continuously around the circumference.
    Loading means the introduction of waste into a waste management unit 
but not necessarily to complete capacity (also referred to as filling).
    Maximum organic vapor pressure means the equilibrium partial 
pressure exerted by the waste at the temperature equal to the highest 
calendar-month average of the waste storage temperature for waste stored 
above or below the ambient temperature or at the local maximum monthly 
average temperature as reported by the National Weather Service for 
waste stored at the ambient temperature, as determined:
    (1) In accordance with Sec.  60.17(c); or
    (2) As obtained from standard reference texts; or
    (3) In accordance with Sec.  60.17(a)(37); or
    (4) Any other method approved by the Administrator.
    No detectable emissions means less than 500 parts per million by 
volume (ppmv) above background levels, as measured by a detection 
instrument reading in accordance with the procedures specified in Sec.  
61.355(h) of this subpart.
    Oil-water separator means a waste management unit, generally a tank 
or surface impoundment, used to separate oil from water. An oil-water 
separator consists of not only the separation unit but also the forebay 
and other separator basins, skimmers, weirs, grit chambers, sludge 
hoppers, and bar screens that are located directly after the individual 
drain system and prior to additional treatment units such as an air 
flotation unit, clarifier, or biological treatment unit. Examples of an 
oil-water separator incude an API separator, parallel-plate interceptor, 
and corrugated-plate interceptor with the associated ancillary 
equipment.
    Petroleum refinery means any facility engaged in producing gasoline, 
kerosene, distillate fuel oils, residual fuel oils, lubricants, or other 
products through the distillation of petroleum, or through the 
redistillation, cracking, or reforming of unfinished petroleum 
derivatives.
    Petroleum means the crude oil removed from the earth and the oils 
derived from tar sands, shale, and coal.
    Point of waste generation means the location where the waste stream 
exits the process unit component or storage tank prior to handling or 
treatment in an operation that is not an integral part of the production 
process, or in the case of waste management units that generate new 
wastes after treatment, the location where the waste stream exits the 
waste management unit component.
    Process unit means equipment assembled and connected by pipes or 
ducts to produce intermediate or final products. A process unit can be 
operated independently if supplied with sufficient fuel or raw materials 
and sufficient product storage facilities.
    Process unit turnaround means the shutting down of the operations of 
a process unit, the purging of the contents of the process unit, the 
maintenance or repair work, followed by restarting of the process.
    Process unit turnaround waste means a waste that is generated as a 
result of a process unit turnaround.
    Process wastewater means water which comes in contact with benzene 
during manufacturing or processing operations conducted within a process 
unit. Process wastewater is not organic wastes, process fluids, product 
tank drawdown, cooling tower blowdown, steam trap condensate, or 
landfill leachate.
    Process wastewater stream means a waste stream that contains only 
process wastewater.
    Product tank means a stationary unit that is designed to contain an 
accumulation of materials that are fed to or

[[Page 199]]

produced by a process unit, and is constructed primarily of non-earthen 
materials (e.g., wood, concrete, steel, plastic) which provide 
structural support.
    Product tank drawdown means any material or mixture of materials 
discharged from a product tank for the purpose of removing water or 
other contaminants from the product tank.
    Safety device means a closure device such as a pressure relief 
valve, frangible disc, fusible plug, or any other type of device which 
functions exclusively to prevent physical damage or permanent 
deformation to a unit or its air emission control equipment by venting 
gases or vapors directly to the atmosphere during unsafe conditions 
resulting from an unplanned, accidental, or emergency event. For the 
purpose of this subpart, a safety device is not used for routine venting 
of gases or vapors from the vapor headspace underneath a cover such as 
during filling of the unit or to adjust the pressure in this vapor 
headspace in response to normal daily diurnal ambient temperature 
fluctuations. A safety device is designed to remain in a closed position 
during normal operations and open only when the internal pressure, or 
another relevant parameter, exceeds the device threshold setting 
applicable to the air emission control equipment as determined by the 
owner or operator based on manufacturer recommendations, applicable 
regulations, fire protection and prevention codes, standard engineering 
codes and practices, or other requirements for the safe handling of 
flammable, ignitable, explosive, reactive, or hazardous materials.
    Segregated stormwater sewer system means a drain and collection 
system designed and operated for the sole purpose of collecting rainfall 
runoff at a facility, and which is segregated from all other individual 
drain systems.
    Sewer line means a lateral, trunk line, branch line, or other 
enclosed conduit used to convey waste to a downstream waste management 
unit.
    Slop oil means the floating oil and solids that accumulate on the 
surface of an oil-water separator.
    Sour water stream means a stream that:
    (1) Contains ammonia or sulfur compounds (usually hydrogen sulfide) 
at concentrations of 10 ppm by weight or more;
    (2) Is generated from separation of water from a feed stock, 
intermediate, or product that contained ammonia or sulfur compounds; and
    (3) Requires treatment to remove the ammonia or sulfur compounds.
    Sour water stripper means a unit that:
    (1) Is designed and operated to remove ammonia or sulfur compounds 
(usually hydrogen sulfide) from sour water streams;
    (2) Has the sour water streams transferred to the stripper through 
hard piping or other enclosed system; and
    (3) Is operated in such a manner that the offgases are sent to a 
sulfur recovery unit, processing unit, incinerator, flare, or other 
combustion device.
    Surface impoundment means a waste management unit which is a natural 
topographic depression, man-made excavation, or diked area formed 
primarily of earthen materials (although it may be lined with man-made 
materials), which is designed to hold an accumulation of liquid wastes 
or waste containing free liquids, and which is not an injection well. 
Examples of surface impoundments are holding, storage, settling, and 
aeration pits, ponds, and lagoons.
    Tank means a stationary waste management unit that is designed to 
contain an accumulation of waste and is constructed primarily of 
nonearthen materials (e.g., wood, concrete, steel, plastic) which 
provide structural support.
    Treatment process means a stream stripping unit, thin-film 
evaporation unit, waste incinerator, or any other process used to comply 
with Sec.  61.348 of this subpart.
    Vapor-mounted seal means a foam-filled primary seal mounted 
continuously around the perimeter of a waste management unit so there is 
an annular vapor space underneath the seal. The annular vapor space is 
bounded by the bottom of the primary seal, the unit wall, the liquid 
surface, and the floating roof.
    Waste means any material resulting from industrial, commercial, 
mining or agricultural operations, or from community activities that is 
discarded or

[[Page 200]]

is being accumulated, stored, or physically, chemically, thermally, or 
biologically treated prior to being discarded, recycled, or discharged.
    Waste management unit means a piece of equipment, structure, or 
transport mechanism used in handling, storage, treatment, or disposal of 
waste. Examples of a waste management unit include a tank, surface 
impoundment, container, oil-water separator, individual drain system, 
steam stripping unit, thin-film evaporation unit, waste incinerator, and 
landfill.
    Waste stream means the waste generated by a particular process unit, 
product tank, or waste management unit. The characteristics of the waste 
stream (e.g., flow rate, benzene concentration, water content) are 
determined at the point of waste generation. Examples of a waste stream 
include process wastewater, product tank drawdown, sludge and slop oil 
removed from waste management units, and landfill leachate.
    Wastewater treatment system means any component, piece of equipment, 
or installation that receives, manages, or treats process wastewater, 
product tank drawdown, or landfill leachate prior to direct or indirect 
discharge in accordance with the National Pollutant Discharge 
Elimination System permit regulations under 40 CFR part 122. These 
systems typically include individual drain systems, oil-water 
separators, air flotation units, equalization tanks, and biological 
treatment units.
    Water seal controls means a seal pot, p-leg trap, or other type of 
trap filled with water (e.g., flooded sewers that maintain water levels 
adequate to prevent air flow through the system) that creates a water 
barrier between the sewer line and the atmosphere. The water level of 
the seal must be maintained in the vertical leg of a drain in order to 
be considered a water seal.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990, as amended at 58 
FR 3095, Jan. 7, 1993; 67 FR 68531, Nov. 12, 2002]



Sec.  61.342  Standards: General.

    (a) An owner or operator of a facility at which the total annual 
benzene quantity from facility waste is less than 10 megagrams per year 
(Mg/yr) (11 ton/yr) shall be exempt from the requirements of paragraphs 
(b) and (c) of this section. The total annual benzene quantity from 
facility waste is the sum of the annual benzene quantity for each waste 
stream at the facility that has a flow-weighted annual average water 
content greater than 10 percent or that is mixed with water, or other 
wastes, at any time and the mixture has an annual average water content 
greater than 10 percent. The benzene quantity in a waste stream is to be 
counted only once without multiple counting if other waste streams are 
mixed with or generated from the original waste stream. Other specific 
requirements for calculating the total annual benzene waste quantity are 
as follows:
    (1) Wastes that are exempted from control under Sec. Sec.  
61.342(c)(2) and 61.342(c)(3) are included in the calculation of the 
total annual benzene quantity if they have an annual average water 
content greater than 10 percent, or if they are mixed with water or 
other wastes at any time and the mixture has an annual average water 
content greater than 10 percent.
    (2) The benzene in a material subject to this subpart that is sold 
is included in the calculation of the total annual benzene quantity if 
the material has an annual average water content greater than 10 
percent.
    (3) Benzene in wastes generated by remediation activities conducted 
at the facility, such as the excavation of contaminated soil, pumping 
and treatment of groundwater, and the recovery of product from soil or 
groundwater, are not included in the calculation of total annual benzene 
quantity for that facility. If the facility's total annual benzene 
quantity is 10 Mg/yr (11 ton/yr) or more, wastes generated by 
remediation activities are subject to the requirements of paragraphs (c) 
through (h) of this section. If the facility is managing remediation 
waste generated offsite, the benzene in this waste shall be included in 
the calculation of total annual benzene quantity in facility waste, if 
the waste streams have an annual average water content greater than 10 
percent, or if they are mixed with water or other wastes at any time and 
the mixture has an annual average water content greater than 10 percent.

[[Page 201]]

    (4) The total annual benzene quantity is determined based upon the 
quantity of benzene in the waste before any waste treatment occurs to 
remove the benzene except as specified in Sec.  61.355(c)(1)(i) (A) 
through (C).
    (b) Each owner or operator of a facility at which the total annual 
benzene quantity from facility waste is equal to or greater than 10 Mg/
yr (11 ton/yr) as determined in paragraph (a) of this section shall be 
in compliance with the requirements of paragraphs (c) through (h) of 
this section no later than 90 days following the effective date, unless 
a waiver of compliance has been obtained under Sec.  61.11, or by the 
initial startup for a new source with an initial startup after the 
effective date.
    (1) The owner or operator of an existing source unable to comply 
with the rule within the required time may request a waiver of 
compliance under Sec.  61.10.
    (2) As part of the waiver application, the owner or operator shall 
submit to the Administrator a plan under Sec.  61.10(b)(3) that is an 
enforceable commitment to obtain environmental benefits to mitigate the 
benzene emissions that result from extending the compliance date. The 
plan shall include the following information:
    (i) A description of the method of compliance, including the control 
approach, schedule for installing controls, and quantity of the benzene 
emissions that result from extending the compliance date;
    (ii) If the control approach involves a compliance strategy designed 
to obtain integrated compliance with multiple regulatory requirements, a 
description of the other regulations involved and their effective dates; 
and
    (iii) A description of the actions to be taken at the facility to 
obtain mitigating environmental benefits, including how the benefits 
will be obtained, the schedule for these actions, and an estimate of the 
quantifiable benefits that directly result from these actions.
    (c) Each owner or operator of a facility at which the total annual 
benzene quantity from facility waste is equal to or greater than 10 Mg/
yr (11 ton/yr) as determined in paragraph (a) of this section shall 
manage and treat the facility waste as follows:
    (1) For each waste stream that contains benzene, including (but not 
limited to) organic waste streams that contain less than 10 percent 
water and aqueous waste streams, even if the wastes are not discharged 
to an individual drain system, the owner or operator shall:
    (i) Remove or destroy the benzene contained in the waste using a 
treatment process or wastewater treatment system that complies with the 
standards specified in Sec.  61.348 of this subpart.
    (ii) Comply with the standards specified in Sec. Sec.  61.343 
through 61.347 of this subpart for each waste management unit that 
receives or manages the waste stream prior to and during treatment of 
the waste stream in accordance with paragraph (c)(1)(i) of this section.
    (iii) Each waste management unit used to manage or treat waste 
streams that will be recycled to a process shall comply with the 
standards specified in Sec. Sec.  61.343 through 61.347. Once the waste 
stream is recycled to a process, including to a tank used for the 
storage of production process feed, product, or product intermediates, 
unless this tank is used primarily for the storage of wastes, the 
material is no longer subject to paragraph (c) of this section.
    (2) A waste stream is exempt from paragraph (c)(1) of this section 
provided that the owner or operator demonstrates initially and, 
thereafter, at least once per year that the flow-weighted annual average 
benzene concentration for the waste stream is less than 10 ppmw as 
determined by the procedures specified in Sec.  61.355(c)(2) or Sec.  
61.355(c)(3).
    (3) A waste stream is exempt from paragraph (c)(1) of this section 
provided that the owner or operator demonstrates initially and, 
thereafter, at least once per year that the conditions specified in 
either paragraph (c)(3)(i) or (c)(3)(ii) of this section are met.
    (i) The waste stream is process wastewater that has a flow rate less 
than 0.02 liters per minute (0.005 gallons per minute) or an annual 
wastewater quantity of less than 10 Mg/yr (11 ton/yr); or
    (ii) All of the following conditions are met:

[[Page 202]]

    (A) The owner or operator does not choose to exempt process 
wastewater under paragraph (c)(3)(i) of this section,
    (B) The total annual benzene quantity in all waste streams chosen 
for exemption in paragraph (c)(3)(ii) of this section does not exceed 
2.0 Mg/yr (2.2 ton/yr) as determined in the procedures in Sec.  
61.355(j), and
    (C) The total annual benzene quantity in a waste stream chosen for 
exemption, including process unit turnaround waste, is determined for 
the year in which the waste is generated.
    (d) As an alternative to the requirements specified in paragraphs 
(c) and (e) of this section, an owner or operator of a facility at which 
the total annual benzene quantity from facility waste is equal to or 
greater than 10 Mg/yr (11 ton/yr) as determined in paragraph (a) of this 
section may elect to manage and treat the facility waste as follows:
    (1) The owner or operator shall manage and treat facility waste 
other than process wastewater in accordance with the requirements of 
paragraph (c)(1) of this section.
    (2) The owner or operator shall manage and treat process wastewater 
in accordance with the following requirements:
    (i) Process wastewater shall be treated to achieve a total annual 
benzene quantity from facility process wastewater less than 1 Mg/yr (1.1 
ton/yr). Total annual benzene from facility process wastewater shall be 
determined by adding together the annual benzene quantity at the point 
of waste generation for each untreated process wastewater stream plus 
the annual benzene quantity exiting the treatment process for each 
process wastewater stream treated in accordance with the requirements of 
paragraph (c)(1)(i) of this section.
    (ii) Each treated process wastewater stream identified in paragraph 
(d)(2)(i) of this section shall be managed and treated in accordance 
with paragraph (c)(1) of this section.
    (iii) Each untreated process wastewater stream identified in 
paragraph (d)(2)(i) of this section is exempt from the requirements of 
paragraph (c)(1) of this section.
    (e) As an alternative to the requirements specified in paragraphs 
(c) and (d) of this section, an owner or operator of a facility at which 
the total annual benzene quantity from facility waste is equal to or 
greater than 10 Mg/yr (11 ton/yr) as determined in paragraph (a) of this 
section may elect to manage and treat the facility waste as follows:
    (1) The owner or operator shall manage and treat facility waste with 
a flow-weighted annual average water content of less than 10 percent in 
accordance with the requirements of paragraph (c)(1) of this section; 
and
    (2) The owner or operator shall manage and treat facility waste 
(including remediation and process unit turnaround waste) with a flow-
weighted annual average water content of 10 percent or greater, on a 
volume basis as total water, and each waste stream that is mixed with 
water or wastes at any time such that the resulting mixture has an 
annual water content greater than 10 percent, in accordance with the 
following:
    (i) The benzene quantity for the wastes described in paragraph 
(e)(2) of this section must be equal to or less than 6.0 Mg/yr (6.6 ton/
yr), as determined in Sec.  61.355(k). Wastes as described in paragraph 
(e)(2) of this section that are transferred offsite shall be included in 
the determination of benzene quantity as provided in Sec.  61.355(k). 
The provisions of paragraph (f) of this section shall not apply to any 
owner or operator who elects to comply with the provisions of paragraph 
(e) of this section.
    (ii) The determination of benzene quantity for each waste stream 
defined in paragraph (e)(2) of this section shall be made in accordance 
with Sec.  61.355(k).
    (f) Rather than treating the waste onsite, an owner or operator may 
elect to comply with paragraph (c)(1)(i) of this section by transferring 
the waste offsite to another facility where the waste is treated in 
accordance with the requirements of paragraph (c)(1)(i) of this section. 
The owner or operator transferring the waste shall:
    (1) Comply with the standards specified in Sec. Sec.  61.343 through 
61.347 of this subpart for each waste management unit that receives or 
manages the

[[Page 203]]

waste prior to shipment of the waste offsite.
    (2) Include with each offsite waste shipment a notice stating that 
the waste contains benzene which is required to be managed and treated 
in accordance with the provisions of this subpart.
    (g) Compliance with this subpart will be determined by review of 
facility records and results from tests and inspections using methods 
and procedures specified in Sec.  61.355 of this subpart.
    (h) Permission to use an alternative means of compliance to meet the 
requirements of Sec. Sec.  61.342 through 61.352 of this subpart may be 
granted by the Administrator as provided in Sec.  61.353 of this 
subpart.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3095, Jan. 7, 1993; 65 FR 
62159, 62160, Oct. 17, 2000]



Sec.  61.343  Standards: Tanks.

    (a) Except as provided in paragraph (b) of this section and in Sec.  
61.351, the owner or operator must meet the standards in paragraph 
(a)(1) or (2) of this section for each tank in which the waste stream is 
placed in accordance with Sec.  61.342 (c)(1)(ii). The standards in this 
section apply to the treatment and storage of the waste stream in a 
tank, including dewatering.
    (1) The owner or operator shall install, operate, and maintain a 
fixed-roof and closed-vent system that routes all organic vapors vented 
from the tank to a control device.
    (i) The fixed-roof shall meet the following requirements:
    (A) The cover and all openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
emissions as indicated by an instrument reading of less than 500 ppmv 
above background, as determined initially and thereafter at least once 
per year by the methods specified in Sec.  61.355(h) of this subpart.
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
waste is in the tank except when it is necessary to use the opening for 
waste sampling or removal, or for equipment inspection, maintenance, or 
repair.
    (C) If the cover and closed-vent system operate such that the tank 
is maintained at a pressure less than atmospheric pressure, then 
paragraph (a)(1)(i)(B) of this section does not apply to any opening 
that meets all of thefollowing conditions:
    (1) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (2) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by the methods specified in Sec.  61.355(h); and
    (3) The pressure is monitored continuously to ensure that the 
pressure in the tank remains below atmospheric pressure.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec.  61.349 of this 
subpart.
    (2) The owner or operator must install, operate, and maintain an 
enclosure and closed-vent system that routes all organic vapors vented 
from the tank, located inside the enclosure, to a control device in 
accordance with the requirements specified in paragraph (e) of this 
section.
    (b) For a tank that meets all the conditions specified in paragraph 
(b)(1) of this section, the owner or operator may elect to comply with 
paragraph (b)(2) of this section as an alternative to the requirements 
specified in paragraph (a)(1) of this section.
    (1) The waste managed in the tank complying with paragraph (b)(2) of 
this section shall meet all of the following conditions:
    (i) Each waste stream managed in the tank must have a flow-weighted 
annual average water content less than or equal to 10 percent water, on 
a volume basis as total water.
    (ii) The waste managed in the tank either:
    (A) Has a maximum organic vapor pressure less than 5.2 kilopascals 
(kPa) (0.75 pounds per square inch (psi));
    (B) Has a maximum organic vapor pressure less than 27.6 kPa (4.0 
psi) and is managed in a tank having design capacity less than 151 m\3\ 
(40,000 gal); or

[[Page 204]]

    (C) Has a maximum organic vapor pressure less than 76.6 kPa (11.1 
psi) and is managed in a tank having a design capacity less than 75 m\3\ 
(20,000 gal).
    (2) The owner or operator shall install, operate, and maintain a 
fixed roof as specified in paragraph (a)(1)(i).
    (3) For each tank complying with paragraph (b) of this section, one 
or more devices which vent directly to the atmosphere may be used on the 
tank provided each device remains in a closed, sealed position during 
normal operations except when the device needs to open to prevent 
physical damage or permanent deformation of the tank or cover resulting 
from filling or emptying the tank, diurnal temperature changes, 
atmospheric pressure changes or malfunction of the unit in accordance 
with good engineering and safety practices for handling flammable, 
explosive, or other hazardous materials.
    (c) Each fixed-roof, seal, access door, and all other openings shall 
be checked by visual inspection initially and quarterly thereafter to 
ensure that no cracks or gaps occur and that access doors and other 
openings are closed and gasketed properly.
    (d) Except as provided in Sec.  61.350 of this subpart, when a 
broken seal or gasket or other problem is identified, or when detectable 
emissions are measured, first efforts at repair shall be made as soon as 
practicable, but not later than 45 calendar days after identification.
    (e) Each owner or operator who controls air pollutant emissions by 
using an enclosure vented through a closed-vent system to a control 
device must meet the requirements specified in paragraphs (e)(1) through 
(4) of this section.
    (1) The tank must be located inside a total enclosure. The enclosure 
must be designed and operated in accordance with the criteria for a 
permanent total enclosure as specified in ``Procedure T--Criteria for 
and Verification of a Permanent or Temporary Total Enclosure'' in 40 CFR 
52.741, appendix B. The enclosure may have permanent or temporary 
openings to allow worker access; passage of material into or out of the 
enclosure by conveyor, vehicles, or other mechanical means; entry of 
permanent mechanical or electrical equipment; or direct airflow into the 
enclosure. The owner or operator must perform the verification procedure 
for the enclosure as specified in section 5.0 of Procedure T initially 
when the enclosure is first installed and, thereafter, annually. A 
facility that has conducted an initial compliance demonstration and that 
performs annual compliance demonstrations in accordance with the 
requirements for Tank Level 2 control requirements 40 CFR 264.1084(i) or 
40 CFR 265(i) is not required to make repeat demonstrations of initial 
and continuous compliance for the purposes of this subpart.
    (2) The enclosure must be vented through a closed-vent system to a 
control device that is designed and operated in accordance with the 
standards for control devices specified in Sec.  61.349.
    (3) Safety devices, as defined in this subpart, may be installed and 
operated as necessary on any enclosure, closed-vent system, or control 
device used to comply with the requirements of paragraphs (e)(1) and (2) 
of this section.
    (4) The closed-vent system must be designed and operated in 
accordance with the requirements of Sec.  61.349.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 18331, May 2, 1990; 58 FR 
3096, Jan. 7, 1993; 67 FR 68532, Nov. 12, 2002; 68 FR 6082, Feb. 6, 
2003; 68 FR 67935, Dec. 4, 2003]



Sec.  61.344  Standards: Surface impoundments.

    (a) The owner or operator shall meet the following standards for 
each surface impoundment in which waste is placed in accordance with 
Sec.  61.342(c)(1)(ii) of this subpart:
    (1) The owner or operator shall install, operate, and maintain on 
each surface impoundment a cover (e.g., air-supported structure or rigid 
cover) and closed-vent system that routes all organic vapors vented from 
the surface impoundment to a control device.
    (i) The cover shall meet the following requirements:
    (A) The cover and all openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
emissions as indicated by an instrument reading of less than 500 ppmv 
above background,

[[Page 205]]

initially and thereafter at least once per year by the methods specified 
in Sec.  61.355(h) of this subpart.
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
waste is in the surface impoundment except when it is necessary to use 
the opening for waste sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (C) If the cover and closed-vent system operate such that the 
enclosure of the surface impoundment is maintained at a pressure less 
than atmospheric pressure, then paragraph (a)(1)(i)(B) of this section 
does not apply to any opening that meets all of the following 
conditions:
    (1) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (2) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by the methods specified in Sec.  61.355(h) of this subpart; and
    (3) The pressure is monitored continuously to ensure that the 
pressure in the enclosure of the surface impoundment remains below 
atmospheric pressure.
    (D) The cover shall be used at all times that waste is placed in the 
surface impoundment except during removal of treatment residuals in 
accordance with 40 CFR 268.4 or closure of the surface impoundment in 
accordance with 40 CFR 264.228. (Note: the treatment residuals generated 
by these activities may be subject to the requirements of this part.)
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with Sec.  61.349 of this subpart.
    (b) Each cover seal, access hatch, and all other openings shall be 
checked by visual inspection initially and quarterly thereafter to 
ensure that no cracks or gaps occur and that access hatches and other 
openings are closed and gasketed properly.
    (c) Except as provided in Sec.  61.350 of this subpart, when a 
broken seal or gasket or other problem is identified, or when detectable 
emissions are measured, first efforts at repair shall be made as soon as 
practicable, but not later than 15 calendar days after identification.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3097, Jan. 7, 1993]



Sec.  61.345  Standards: Containers.

    (a) The owner or operator shall meet the following standards for 
each container in which waste is placed in accordance with Sec.  
61.342(c)(1)(ii) of this subpart:
    (1) The owner or operator shall install, operate, and maintain a 
cover on each container used to handle, transfer, or store waste in 
accordance with the following requirements:
    (i) The cover and all openings (e.g., bungs, hatches, and sampling 
ports) shall be designed to operate with no detectable emissions as 
indicated by an instrument reading of less than 500 ppmv above 
background, initially and thereafter at least once per year by the 
methods specified in Sec.  61.355(h) of this subpart.
    (ii) Except as provided in paragraph (a)(4) of this section, each 
opening shall be maintained in a closed, sealed position (e.g., covered 
by a lid that is gasketed and latched) at all times that waste is in the 
container except when it is necessary to use the opening for waste 
loading, removal, inspection, or sampling.
    (2) When a waste is transferred into a container by pumping, the 
owner or operator shall perform the transfer using a submerged fill 
pipe. The submerged fill pipe outlet shall extend to within two fill 
pipe diameters of the bottom of the container while the container is 
being loaded. During loading of the waste, the cover shall remain in 
place and all openings shall be maintained in a closed, sealed position 
except for those openings required for the submerged fill pipe, those 
openings required for venting of the container to prevent physical 
damage or permanent deformation of the container or cover, and any 
openings complying with paragraph (a)(4) of this section.
    (3) Treatment of a waste in a container, including aeration, thermal 
or other treatment, must be performed by

[[Page 206]]

the owner or operator in a manner such that while the waste is being 
treated the container meets the standards specified in paragraphs 
(a)(3)(i) through (iii) of this section, except for covers and closed-
vent systems that meet the requirements in paragraph (a)(4) of this 
section.
    (i) The owner or operator must either:
    (A) Vent the container inside a total enclosure which is exhausted 
through a closed-vent system to a control device in accordance with the 
requirements of paragraphs (a)(3)(ii)(A) and (B) of this section; or
    (B) Vent the covered or closed container directly through a closed-
vent system to a control device in accordance with the requirements of 
paragraphs (a)(3)(ii)(B) and (C) of this section.
    (ii) The owner or operator must meet the following requirements, as 
applicable to the type of air emission control equipment selected by the 
owner or operator:
    (A) The total enclosure must be designed and operated in accordance 
with the criteria for a permanent total enclosure as specified in 
section 5 of the ``Procedure T--Criteria for and Verification of a 
Permanent or Temporary Total Enclosure'' in 40 CFR 52.741, appendix B. 
The enclosure may have permanent or temporary openings to allow worker 
access; passage of containers through the enclosure by conveyor or other 
mechanical means; entry of permanent mechanical or electrical equipment; 
or direct airflow into the enclosure. The owner or operator must perform 
the verification procedure for the enclosure as specified in section 5.0 
of ``Procedure T--Criteria for and Verification of a Permanent or 
Temporary Total Enclosure'' initially when the enclosure is first 
installed and, thereafter, annually. A facility that has conducted an 
initial compliance demonstration and that performs annual compliance 
demonstrations in accordance with the Container Level 3 control 
requirements in 40 CFR 264.1086(e)(2)(i) or 40 CFR 265.1086(e)(2)(i) is 
not required to make repeat demonstrations of initial and continuous 
compliance for the purposes of this subpart.
    (B) The closed-vent system and control device must be designed and 
operated in accordance with the requirements of Sec.  61.349.
    (C) For a container cover, the cover and all openings (e.g., doors, 
hatches) must be designed to operate with no detectable emissions as 
indicated by an instrument reading of less than 500 ppmv above 
background, initially and thereafter at least once per year by the 
methods specified in Sec.  61.355(h).
    (iii) Safety devices, as defined in this subpart, may be installed 
and operated as necessary on any container, enclosure, closed-vent 
system, or control device used to comply with the requirements of 
paragraph (a)(3)(i) of this section.
    (4) If the cover and closed-vent system operate such that the 
container is maintained at a pressure less than atmospheric pressure, 
the owner or operator may operate the system with an opening that is not 
sealed and kept closed at all times if the following conditions are met:
    (i) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (ii) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by methods specified in Sec.  61.355(h); and
    (iii) The pressure is monitored continuously to ensure that the 
pressure in the container remains below atmospheric pressure.
    (b) Each cover and all openings shall be visually inspected 
initially and quarterly thereafter to ensure that they are closed and 
gasketed properly.
    (c) Except as provided in Sec.  61.350 of this subpart, when a 
broken seal or gasket or other problem is identified, first efforts at 
repair shall be made as soon as practicable, but not later than 15 
calendar days after identification.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3097, Jan. 7, 1993; 67 FR 
68532, Nov. 12, 2002; 68 FR 67936, Dec. 4, 2003]

[[Page 207]]



Sec.  61.346  Standards: Individual drain systems.

    (a) Except as provided in paragraph (b) of this section, the owner 
or operator shall meet the following standards for each individual drain 
system in which waste is placed in accordance with Sec.  
61.342(c)(1)(ii) of this subpart:
    (1) The owner or operator shall install, operate, and maintain on 
each drain system opening a cover and closed-vent system that routes all 
organic vapors vented from the drain system to a control device.
    (i) The cover shall meet the following requirements:
    (A) The cover and all openings (e.g., access hatches, sampling 
ports) shall be designed to operate with no detactable emissions as 
indicated by an instrument reading of less than 500 ppmv above 
background, initially and thereafter at least once per year by the 
methods specified in Sec.  61.355(h) of this subpart.
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
waste is in the drain system except when it is necessary to use the 
opening for waste sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (C) If the cover and closed-vent system operate such that the 
individual drain system is maintained at a pressure less than 
atmospheric pressure, then paragraph (a)(1)(i)(B) of this section does 
not apply to any opening that meets all of the following conditions:
    (1) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (2) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by the methods specified in Sec.  61.355(h); and
    (3) The pressure is monitored continuously to ensure that the 
pressure in the individual drain system remains below atmospheric 
pressure.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with Sec.  61.349 of this subpart.
    (2) Each cover seal, access hatch, and all other openings shall be 
checked by visual inspection initially and quarterly thereafter to 
ensure that no cracks or gaps occur and that access hatches and other 
openings are closed and gasketed properly.
    (3) Except as provided in Sec.  61.350 of this subpart, when a 
broken seal or gasket or other problem is identified, or when detectable 
emissions are measured, first efforts at repair shall be made as soon as 
practicable, but not later than 15 calendar days after identification.
    (b) As an alternative to complying with paragraph (a) of this 
section, an owner or operator may elect to comply with the following 
requirements:
    (1) Each drain shall be equipped with water seal controls or a 
tightly sealed cap or plug.
    (2) Each junction box shall be equipped with a cover and may have a 
vent pipe. The vent pipe shall be at least 90 cm (3 ft) in length and 
shall not exceed 10.2 cm (4 in) in diameter.
    (i) Junction box covers shall have a tight seal around the edge and 
shall be kept in place at all times, except during inspection and 
maintenance.
    (ii) One of the following methods shall be used to control emissions 
from the junction box vent pipe to the atmosphere:
    (A) Equip the junction box with a system to prevent the flow of 
organic vapors from the junction box vent pipe to the atmosphere during 
normal operation. An example of such a system includes use of water seal 
controls on the junction box. A flow indicator shall be installed, 
operated, and maintained on each junction box vent pipe to ensure that 
organic vapors are not vented from the junction box to the atmosphere 
during normal operation.
    (B) Connect the junction box vent pipe to a closed-vent system and 
control device in accordance with Sec.  61.349 of this subpart.
    (3) Each sewer line shall not be open to the atmosphere and shall be 
covered or enclosed in a manner so as to have no visual gaps or cracks 
in joints, seals, or other emission interfaces.
    (4) Equipment installed in accordance with paragraphs (b)(1), 
(b)(2), or

[[Page 208]]

(b)(3) of this section shall be inspected as follows:
    (i) Each drain using water seal controls shall be checked by visual 
or physical inspection initially and thereafter quarterly for 
indications of low water levels or other conditions that would reduce 
the effectiveness of water seal controls.
    (ii) Each drain using a tightly sealed cap or plug shall be visually 
inspected initially and thereafter quarterly to ensure caps or plugs are 
in place and properly installed.
    (iii) Each junction box shall be visually inspected initially and 
thereafter quarterly to ensure that the cover is in place and to ensure 
that the cover has a tight seal around the edge.
    (iv) The unburied portion of each sewer line shall be visually 
inspected initially and thereafter quarterly for indication of cracks, 
gaps, or other problems that could result in benzene emissions.
    (5) Except as provided in Sec.  61.350 of this subpart, when a 
broken seal, gap, crack or other problem is identified, first efforts at 
repair shall be made as soon as practicable, but not later than 15 
calendar days after identification.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 37231, Sept. 10, 1990; 58 
FR 3097, Jan. 7, 1993]



Sec.  61.347  Standards: Oil-water separators.

    (a) Except as provided in Sec.  61.352 of this subpart, the owner or 
operator shall meet the following standards for each oil-water separator 
in which waste is placed in accordance with Sec.  61.342(c)(1)(ii) of 
this subpart:
    (1) The owner or operator shall install, operate, and maintain a 
fixed-roof and closed-vent system that routes all organic vapors vented 
from the oil-water separator to a control device.
    (i) The fixed-roof shall meet the following requirements:
    (A) The cover and all openings (e.g., access hatches, sampling 
ports, and gauge wells) shall be designed to operate with no detectable 
emissions as indicated by an instrument reading of less than 500 ppmv 
above background, as determined initially and thereafter at least once 
per year by the methods specified in Sec.  61.355(h) of this subpart.
    (B) Each opening shall be maintained in a closed, sealed position 
(e.g., covered by a lid that is gasketed and latched) at all times that 
waste is in the oil-water separator except when it is necessary to use 
the opening for waste sampling or removal, or for equipment inspection, 
maintenance, or repair.
    (C) If the cover and closed-vent system operate such that the oil-
water separator is maintained at a pressure less than atmospheric 
pressure, then paragraph (a)(1)(i)(B) of this section does not apply to 
any opening that meets all of the following conditions:
    (1) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (2) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by the methods specified in Sec.  61.355(h); and
    (3) The pressure is monitored continuously to ensure that the 
pressure in the oil-water separator remains below atmospheric pressure.
    (ii) The closed-vent system and control device shall be designed and 
operated in accordance with the requirements of Sec.  61.349 of this 
subpart.
    (b) Each cover seal, access hatch, and all other openings shall be 
checked by visual inspection initially and quarterly thereafter to 
ensure that no cracks or gaps occur between the cover and oil-water 
separator wall and that access hatches and other openings are closed and 
gasketed properly.
    (c) Except as provided in Sec.  61.350 of this subpart, when a 
broken seal or gasket or other problem is identified, or when detectable 
emissions are measured, first efforts at repair shall be made as soon as 
practicable, but not later than 15 calendar days after identification.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3098, Jan. 7, 1993]

[[Page 209]]



Sec.  61.348  Standards: Treatment processes.

    (a) Except as provided in paragraph (a)(5) of this section, the 
owner or operator shall treat the waste stream in accordance with the 
following requirements:
    (1) The owner or operator shall design, install, operate, and 
maintain a treatment process that either:
    (i) Removes benzene from the waste stream to a level less than 10 
parts per million by weight (ppmw) on a flow-weighted annual average 
basis,
    (ii) Removes benzene from the waste stream by 99 percent or more on 
a mass basis, or
    (iii) Destroys benzene in the waste stream by incinerating the waste 
in a combustion unit that achieves a destruction efficiency of 99 
percent or greater for benzene.
    (2) Each treatment process complying with paragraphs (a)(1)(i) or 
(a)(1)(ii) of this section shall be designed and operated in accordance 
with the appropriate waste management unit standards specified in 
Sec. Sec.  61.343 through 61.347 of this subpart. For example, if a 
treatment process is a tank, then the owner or operator shall comply 
with Sec.  61.343 of this subpart.
    (3) For the purpose of complying with the requirements specified in 
paragraph (a)(1)(i) of this section, the intentional or unintentional 
reduction in the benzene concentration of a waste stream by dilution of 
the waste stream with other wastes or materials is not allowed.
    (4) An owner or operator may aggregate or mix together individual 
waste streams to create a combined waste stream for the purpose of 
facilitating treatment of waste to comply with the requirements of 
paragraph (a)(1) of this section except as provided in paragraph (a)(5) 
of this section.
    (5) If an owner or operator aggregates or mixes any combination of 
process wastewater, product tank drawdown, or landfill leachate subject 
to Sec.  61.342(c)(1) of this subpart together with other waste streams 
to create a combined waste stream for the purpose of facilitating 
management or treatment of waste in a wastewater treatment system, then 
the wastewater treatment system shall be operated in accordance with 
paragraph (b) of this section. These provisions apply to above-ground 
wastewater treatment systems as well as those that are at or below 
ground level.
    (b) Except for facilities complying with Sec.  61.342(e), the owner 
or operator that aggregates or mixes individual waste streams as defined 
in paragraph (a)(5) of this section for management and treatment in a 
wastewater treatment system shall comply with the following 
requirements:
    (1) The owner or operator shall design and operate each waste 
management unit that comprises the wastewater treatment system in 
accordance with the appropriate standards specified in Sec. Sec.  61.343 
through 61.347 of this subpart.
    (2) The provisions of paragraph (b)(1) of this section do not apply 
to any waste management unit that the owner or operator demonstrates to 
meet the following conditions initially and, thereafter, at least once 
per year:
    (i) The benzene content of each waste stream entering the waste 
management unit is less than 10 ppmw on a flow-weighted annual average 
basis as determined by the procedures specified in Sec.  61.355(c) of 
this subpart; and
    (ii) The total annual benzene quantity contained in all waste 
streams managed or treated in exempt waste management units comprising 
the facility wastewater treatment systems is less than 1 Mg/yr (1.1 ton/
yr). For this determination, total annual benzene quantity shall be 
calculated as follows:
    (A) The total annual benzene quantity shall be calculated as the sum 
of the individual benzene quantities determined at each location where a 
waste stream first enters an exempt waste management unit. The benzene 
quantity discharged from an exempt waste management unit shall not be 
included in this calculation.
    (B) The annual benzene quantity in a waste stream managed or treated 
in an enhanced biodegradation unit shall not be included in the 
calculation of the total annual benzene quantity, if the enhanced 
biodegradation unit is the first exempt unit in which the waste is 
managed or treated. A unit shall be considered enhanced biodegradation 
if it is a suspended-growth process that

[[Page 210]]

generates biomass, uses recycled biomass, and periodically removes 
biomass from the process. An enhanced biodegradation unit typically 
operates at a food-to-microorganism ratio in the range of 0.05 to 1.0 kg 
of biological oxygen demand per kg of biomass per day, a mixed liquor 
suspended solids ratio in the range of 1 to 8 grams per liter (0.008 to 
0.7 pounds per liter), and a residence time in the range of 3 to 36 
hours.
    (c) The owner and operator shall demonstrate that each treatment 
process or wastewater treatment system unit, except as provided in 
paragraph (d) of this section, achieves the appropriate conditions 
specified in paragraphs (a) or (b) of this section in accordance with 
the following requirements:
    (1) Engineering calculations in accordance with requirements 
specified in Sec.  61.356(e) of this subpart; or
    (2) Performance tests conducted using the test methods and 
procedures that meet the requirements specified in Sec.  61.355 of this 
subpart.
    (d) A treatment process or waste stream is in compliance with the 
requirements of this subpart and exempt from the requirements of 
paragraph (c) of this section provided that the owner or operator 
documents that the treatment process or waste stream is in compliance 
with other regulatory requirements as follows:
    (1) The treatment process is a hazardous waste incinerator for which 
the owner or operator has been issued a final permit under 40 CFR part 
270 and complies with the requirements of 40 CFR part 264, subpart O;
    (2) The treatment process is an industrial furnace or boiler burning 
hazardous waste for energy recovery for which the owner or operator has 
been issued a final permit under 40 CFR part 270 and complies with the 
requirements of 40 CFR part 266, subpart D;
    (3) The waste stream is treated by a means or to a level that meets 
benzene-specific treatment standards in accordance with the Land 
Disposal Restrictions under 40 CFR part 268, and the treatment process 
is designed and operated with a closed-vent system and control device 
meeting the requirements of Sec.  61.349 of this subpart;
    (4) The waste stream is treated by a means or to a level that meets 
benzene-specific effluent limitations or performance standards in 
accordance with the Effluent Guidelines and Standards under 40 CFR parts 
401-464, and the treatment process is designed and operated with a 
closed-vent system and control device meeting the requirements of Sec.  
61.349 of this subpart; or
    (5) The waste stream is discharged to an underground injection well 
for which the owner or operator has been issued a final permit under 40 
CFR part 270 and complies with the requirements of 40 CFR part 122.
    (e) Except as specified in paragraph (e)(3) of this section, if the 
treatment process or wastewater treatment system unit has any openings 
(e.g., access doors, hatches, etc.), all such openings shall be sealed 
(e.g., gasketed, latched, etc.) and kept closed at all times when waste 
is being treated, except during inspection and maintenance.
    (1) Each seal, access door, and all other openings shall be checked 
by visual inspections initially and quarterly thereafter to ensure that 
no cracks or gaps occur and that openings are closed and gasketed 
properly.
    (2) Except as provided in Sec.  61.350 of this subpart, when a 
broken seal or gasket or other problem is identified, first efforts at 
repair shall be made as soon as practicable, but not later than 15 
calendar days after identification.
    (3) If the cover and closed-vent system operate such that the 
treatment process and wastewater treatment system unit are maintained at 
a pressure less than atmospheric pressure, the owner or operator may 
operate the system with an opening that is not sealed and kept closed at 
all times if the following conditions are met:
    (i) The purpose of the opening is to provide dilution air to reduce 
the explosion hazard;
    (ii) The opening is designed to operate with no detectable emissions 
as indicated by an instrument reading of less than 500 ppmv above 
background, as determined initially and thereafter at least once per 
year by the methods specified in Sec.  61.355(h); and
    (iii) The pressure is monitored continuously to ensure that the 
pressure

[[Page 211]]

in the treatment process and wastewater treatment system unit remain 
below atmospheric pressure.
    (f) Except for treatment processes complying with paragraph (d) of 
this section, the Administrator may request at any time an owner or 
operator demonstrate that a treatment process or wastewater treatment 
system unit meets the applicable requirements specified in paragraphs 
(a) or (b) of this section by conducting a performance test using the 
test methods and procedures as required in Sec.  61.355 of this subpart.
    (g) The owner or operator of a treatment process or wastewater 
treatment system unit that is used to comply with the provisions of this 
section shall monitor the unit in accordance with the applicable 
requirements in Sec.  61.354 of this subpart.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 37231, Sept. 10, 1990; 58 
FR 3098, Jan. 7, 1993; 65 FR 62160, Oct. 17, 2000]



Sec.  61.349  Standards: Closed-vent systems and control devices.

    (a) For each closed-vent system and control device used to comply 
with standards in accordance with Sec. Sec.  61.343 through 61.348 of 
this subpart, the owner or operator shall properly design, install, 
operate, and maintain the closed-vent system and control device in 
accordance with the following requirements:
    (1) The closed-vent system shall:
    (i) Be designed to operate with no detectable emissions as indicated 
by an instrument reading of less than 500 ppmv above background, as 
determined initially and thereafter at least once per year by the 
methods specified in Sec.  61.355(h) of this subpart.
    (ii) Vent systems that contain any bypass line that could divert the 
vent stream away from a control device used to comply with the 
provisions of this subpart shall install, maintain, and operate 
according to the manufacturer's specifications a flow indicator that 
provides a record of vent stream flow away from the control device at 
least once every 15 minutes, except as provided in paragraph 
(a)(1)(ii)(B) of this section.
    (A) The flow indicator shall be installed at the entrance to any 
bypass line that could divert the vent stream away from the control 
device to the atmosphere.
    (B) Where the bypass line valve is secured in the closed position 
with a car-seal or a lock-and-key type configuration, a flow indicator 
is not required.
    (iii) All gauging and sampling devices shall be gas-tight except 
when gauging or sampling is taking place.
    (iv) For each closed-vent system complying with paragraph (a) of 
this section, one or more devices which vent directly to the atmosphere 
may be used on the closed-vent system provided each device remains in a 
closed, sealed position during normal operations except when the device 
needs to open to prevent physical damage or permanent deformation of the 
closed-vent system resulting from malfunction of the unit in accordance 
with good engineering and safety practices for handling flammable, 
explosive, or other hazardous materials.
    (2) The control device shall be designed and operated in accordance 
with the following conditions:
    (i) An enclosed combustion device (e.g., a vapor incinerator, 
boiler, or process heater) shall meet one of the following conditions:
    (A) Reduce the organic emissions vented to it by 95 weight percent 
or greater;
    (B) Achieve a total organic compound concentration of 20 ppmv (as 
the sum of the concentrations for individual compounds using Method 18) 
on a dry basis corrected to 3 percent oxygen; or
    (C) Provide a minimum residence time of 0.5 seconds at a minimum 
temperature of 760 [deg]C (1,400 [deg]F). If a boiler or process heater 
issued as the control device, then the vent stream shall be introduced 
into the flame zone of the boiler or process heater.
    (ii) A vapor recovery system (e.g., a carbon adsorption system or a 
condenser) shall recover or control the organic emissions vented to it 
with an efficiency of 95 weight percent or greater, or shall recover or 
control the benzene emissions vented to it with an efficiency of 98 
weight percent or greater.
    (iii) A flare shall comply with the requirements of 40 CFR 60.18.

[[Page 212]]

    (iv) A control device other than those described in paragraphs 
(a)(2) (i) through (iii) of this section may be used provided that the 
following conditions are met:
    (A) The device shall recover or control the organic emissions vented 
to it with an efficiency of 95 weight percent or greater, or shall 
recover or control the benzene emissions vented to it with an efficiency 
of 98 weight percent or greater.
    (B) The owner or operator shall develop test data and design 
information that documents the control device will achieve an emission 
control efficiency of either 95 percent or greater for organic compounds 
or 98 percent or greater for benzene.
    (C) The owner or operator shall identify:
    (1) The critical operating parameters that affect the emission 
control performance of the device;
    (2) The range of values of these operating parameters that ensure 
the emission control efficiency specified in paragraph (a)(2)(iv)(A) of 
this section is maintained during operation of the device; and
    (3) How these operating parameters will be monitored to ensure the 
proper operation and maintenance of the device.
    (D) The owner or operator shall submit the information and data 
specified in paragraphs (a)(2)(iv) (B) and (C) of this section to the 
Administrator prior to operation of the alternative control device.
    (E) The Administrator will determine, based on the information 
submitted under paragraph (a)(2)(iv)(D) of this section, if the control 
device subiect to paragraph (a)(2)(iv) of this section meets the 
requirements of Sec.  61.349. The control device subject to paragraph 
(a)(2)(iv) of this section may be operated prior to receiving approval 
from the Administrator. However, if the Administrator determines that 
the control device does not meet the requirements of Sec.  61.349, the 
facility may be subject to enforcement action beginning from the time 
the control device began operation.
    (b) Each closed-vent system and control device used to comply with 
this subpart shall be operated at all times when waste is placed in the 
waste management unit vented to the control device except when 
maintenance or repair of the waste management unit cannot be completed 
without a shutdown of the control device.
    (c) An owner and operator shall demonstrate that each control 
device, except for a flare, achieves the appropriate conditions 
specified in paragraph (a)(2) of this section by using one of the 
following methods:
    (1) Engineering calculations in accordance with requirements 
specified in Sec.  61.356(f) of this subpart; or
    (2) Performance tests conducted using the test methods and 
procedures that meet the requirements specified in Sec.  61.355 of this 
subpart.
    (d) An owner or operator shall demonstrate compliance of each flare 
in accordance with paragraph (a)(2)(iii) of this section.
    (e) The Administrator may request at any time an owner or operator 
demonstrate that a control device meets the applicable conditions 
specified in paragraph (a)(2) of this section by conducting a 
performance test using the test methods and procedures as required in 
Sec.  61.355, and for control devices subject to paragraph (a)(2)(iv) of 
this section, the Administrator may specify alternative test methods and 
procedures, as appropriate.
    (f) Each closed-vent system and control device shall be visually 
inspected initially and quarterly thereafter. The visual inspection 
shall include inspection of ductwork and piping and connections to 
covers and control devices for evidence of visable defects such as holes 
in ductwork or piping and loose connections.
    (g) Except as provided in Sec.  61.350 of this subpart, if visible 
defects are observed during an inspection, or if other problems are 
identified, or if detectable emissions are measured, a first effort to 
repair the closed-vent system and control device shall be made as soon 
as practicable but no later than 5 calendar days after detection. Repair 
shall be completed no later than 15 calendar days after the emissions 
are detected or the visible defect is observed.
    (h) The owner or operator of a control device that is used to comply 
with the provisions of this section shall

[[Page 213]]

monitor the control device in accordance with Sec.  61.354(c) of this 
subpart.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990, as amended at 55 
FR 37231, Sept. 10, 1990; 58 FR 3098, Jan. 7, 1993; 65 FR 62160, Oct. 
17, 2000]



Sec.  61.350  Standards: Delay of repair.

    (a) Delay of repair of facilities or units that are subject to the 
provisions of this subpart will be allowed if the repair is technically 
impossible without a complete or partial facility or unit shutdown.
    (b) Repair of such equipment shall occur before the end of the next 
facility or unit shutdown.



Sec.  61.351  Alternative standards for tanks.

    (a) As an alternative to the standards for tanks specified in Sec.  
61.343 of this subpart, an owner or operator may elect to comply with 
one of the following:
    (1) A fixed roof and internal floating roof meeting the requirements 
in 40 CFR 60.112b(a)(1);
    (2) An external floating roof meeting the requirements of 40 CFR 
60.112b (a)(2); or
    (3) An alternative means of emission limitation as described in 40 
CFR 60.114b.
    (b) If an owner or operator elects to comply with the provisions of 
this section, then the owner or operator is exempt from the provisions 
of Sec.  61.343 of this subpart applicable to the same facilities.

[55 FR 8346, Mar. 7, 1990, as amended at 55 FR 37231, Sept. 10, 1990]



Sec.  61.352  Alternative standards for oil-water separators.

    (a) As an alternative to the standards for oil-water separators 
specified in Sec.  61.347 of this subpart, an owner or operator may 
elect to comply with one of the following:
    (1) A floating roof meeting the requirements in 40 CFR 60.693-2(a); 
or
    (2) An alternative means of emission limitation as described in 40 
CFR 60.694.
    (b) For portions of the oil-water separator where it is infeasible 
to construct and operate a floating roof, such as over the weir 
mechanism, a fixed roof vented to a vapor control device that meets the 
requirements in Sec. Sec.  61.347 and 61.349 of this subpart shall be 
installed and operated.
    (c) Except as provided in paragraph (b) of this section, if an owner 
or operator elects to comply with the provisions of this section, then 
the owner or operator is exempt from the provisions in Sec.  61.347 of 
this subpart applicable to the same facilities.



Sec.  61.353  Alternative means of emission limitation.

    (a) If, in the Administrator's judgment, an alternative means of 
emission limitation will achieve a reduction in benzene emissions at 
least equivalent to the reduction in benzene emissions from the source 
achieved by the applicable design, equipment, work practice, or 
operational requirements in Sec. Sec.  61.342 through 61.349, the 
Administrator will publish in the Federal Register a notice permitting 
the use of the alternative means for purposes of compliance with that 
requirement. The notice may condition the permission on requirements 
related to the operation and maintenance of the alternative means.
    (b) Any notice under paragraph (a) of this section shall be 
published only after public notice and an opportunity for a hearing.
    (c) Any person seeking permission under this section shall collect, 
verify, and submit to the Administrator information showing that the 
alternative means achieves equivalent emission reductions.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3099, Jan. 7, 1993]



Sec.  61.354  Monitoring of operations.

    (a) Except for a treatment process or waste stream complying with 
Sec.  61.348(d), the owner or operator shall monitor each treatment 
process or wastewater treatment system unit to ensure the unit is 
properly operated and maintained by one of the following monitoring 
procedures:
    (1) Measure the benzene concentration of the waste stream exiting 
the treatment process complying with Sec.  61.348(a)(1)(i) at least once 
per month by collecting and analyzing one or

[[Page 214]]

more samples using the procedures specified in Sec.  61.355(c)(3).
    (2) Install, calibrate, operate, and maintain according to 
manufacturer's specifications equipment to continuously monitor and 
record a process parameter (or parameters) for the treatment process or 
wastewater treatment system unit that indicates proper system operation. 
The owner or operator shall inspect at least once each operating day the 
data recorded by the monitoring equipment (e.g., temperature monitor or 
flow indicator) to ensure that the unit is operating properly.
    (b) If an owner or operator complies with the requirements of Sec.  
61.348(b), then the owner or operator shall monitor each wastewater 
treatment system to ensure the unit is properly operated and maintained 
by the appropriate monitoring procedure as follows:
    (1) For the first exempt waste management unit in each waste 
treatment train, other than an enhanced biodegradation unit, measure the 
flow rate, using the procedures of Sec.  61.355(b), and the benzene 
concentration of each waste stream entering the unit at least once per 
month by collecting and analyzing one or more samples using the 
procedures specified in Sec.  61.355(c)(3).
    (2) For each enhanced biodegradation unit that is the first exempt 
waste management unit in a treatment train, measure the benzene 
concentration of each waste stream entering the unit at least once per 
month by collecting and analyzing one or more samples using the 
procedures specified in Sec.  61.355(c)(3).
    (c) An owner or operator subject to the requirements in Sec.  61.349 
of this subpart shall install, calibrate, maintain, and operate 
according to the manufacturer's specifications a device to continuously 
monitor the control device operation as specified in the following 
paragraphs, unless alternative monitoring procedures or requirements are 
approved for that facility by the Administrator. The owner or operator 
shall inspect at least once each operating day the data recorded by the 
monitoring equipment (e.g., temperature monitor or flow indicator) to 
ensure that the control device is operating properly.
    (1) For a thermal vapor incinerator, a temperature monitoring device 
equipped with a continuous recorder. The device shall have an accuracy 
of 1 percent of the temperature being monitored in 
[deg]C or 0.5 [deg]C, whichever is greater. The 
temperature sensor shall be installed at a representative location in 
the combustion chamber.
    (2) For a catalytic vapor incinerator, a temperature monitoring 
device equipped with a continuous recorder. The device shall be capable 
of monitoring temperature at two locations, and have an accuracy of 
1 percent of the temperature being monitored in 
[deg]C or 0.5 [deg]C, whichever is greater. One 
temperature sensor shall be installed in the vent stream at the nearest 
feasible point to the catalyst bed inlet and a second temperature sensor 
shall be installed in the vent stream at the nearest feasible point to 
the catalyst bed outlet.
    (3) For a flare, a monitoring device in accordance with 40 CFR 
60.18(f)(2) equipped with a continuous recorder.
    (4) For a boiler or process heater having a design heat input 
capacity less than 44 MW (150 x 10\6\ BTU/hr), a temperature monitoring 
device equipped with a continuous recorder. The device shall have an 
accuracy of 1 percent of the temperature being 
monitored in [deg]C or 0.5 [deg]C, whichever is 
greater. The temperature sensor shall be installed at a representative 
location in the combustion chamber.
    (5) For a boiler or process heater having a design heat input 
capacity greater than or equal to 44 MW (150 x 10\6\ BTU/hr), a 
monitoring device equipped with a continuous recorder to measure a 
parameter(s) that indicates good combustion operating practices are 
being used.
    (6) For a condenser, either:
    (i) A monitoring device equipped with a continuous recorder to 
measure either the concentration level of the organic compounds or the 
concentration level of benzene in the exhaust vent stream from the 
condenser; or
    (ii) A temperature monitoring device equipped with a continuous 
recorder. The device shall be capable of monitoring temperature at two 
locations, and have an accuracy of 1 percent of 
the temperature being monitored in [deg]C

[[Page 215]]

or 0.5 [deg]C, whichever is greater. One 
temperature sensor shall be installed at a location in the exhaust 
stream from the condenser, and a second temperature sensor shall be 
installed at a location in the coolant fluid exiting the condenser.
    (7) For a carbon adsorption system that regenerates the carbon bed 
directly in the control device such as a fixed-bed carbon adsorber, 
either:
    (i) A monitoring device equipped with a continuous recorder to 
measure either the concentration level of the organic compounds or the 
benzene concentration level in the exhaust vent stream from the carbon 
bed; or
    (ii) A monitoring device equipped with a continuous recorder to 
measure a parameter that indicates the carbon bed is regenerated on a 
regular, predetermined time cycle.
    (8) For a vapor recovery system other than a condenser or carbon 
adsorption system, a monitoring device equipped with a continuous 
recorder to measure either the concentration level of the organic 
compounds or the benzene concentration level in the exhaust vent stream 
from the control device.
    (9) For a control device subject to the requirements of Sec.  
61.349(a)(2)(iv), devices to monitor the parameters as specified in 
Sec.  61.349(a)(2)(iv)(C).
    (d) For a carbon adsorption system that does not regenerate the 
carbon bed directly on site in the control device (e.g., a carbon 
canister), either the concentration level of the organic compounds or 
the concentration level of benzene in the exhaust vent stream from the 
carbon adsorption system shall be monitored on a regular schedule, and 
the existing carbon shall be replaced with fresh carbon immediately when 
carbon breakthrough is indicated. The device shall be monitored on a 
daily basis or at intervals no greater than 20 percent of the design 
carbon replacement interval, whichever is greater. As an alternative to 
conducting this monitoring, an owner or operator may replace the carbon 
in the carbon adsorption system with fresh carbon at a regular 
predetermined time interval that is less than the carbon replacement 
interval that is determined by the maximum design flow rate and either 
the organic concentration or the benzene concentration in the gas stream 
vented to the carbon adsorption system.
    (e) An alternative operation or process parameter may be monitored 
if it can be demonstrated that another parameter will ensure that the 
control device is operated in conformance with these standards and the 
control device's design specifications.
    (f) Owners or operators using a closed-vent system that contains any 
bypass line that could divert a vent stream from a control device used 
to comply with the provisions of this subpart shall do the following:
    (1) Visually inspect the bypass line valve at least once every 
month, checking the position of the valve and the condition of the car-
seal or closure mechanism required under Sec.  61.349(a)(1)(ii) to 
ensure that the valve is maintained in the closed position and the vent 
stream is not diverted through the bypass line.
    (2) Visually inspect the readings from each flow monitoring device 
required by Sec.  61.349(a)(1)(ii) at least once each operating day to 
check that vapors are being routed to the control device as required.
    (g) Each owner or operator who uses a system for emission control 
that is maintained at a pressure less than atmospheric pressure with 
openings to provide dilution air shall install, calibrate, maintain, and 
operate according to the manufacturer's specifications a device equipped 
with a continuous recorder to monitor the pressure in the unit to ensure 
that it is less than atmospheric pressure.

[55 FR 8346, Mar. 7, 1990, as amended at 58 FR 3099, Jan. 7, 1993; 65 FR 
62160, Oct. 17, 2000]



Sec.  61.355  Test methods, procedures, and compliance provisions.

    (a) An owner or operator shall determine the total annual benzene 
quantity from facility waste by the following procedure:
    (1) For each waste stream subject to this subpart having a flow-
weighted annual average water content greater than 10 percent water, on 
a volume basis as total water, or is mixed with water or other wastes at 
any time and the resulting mixture has an annual average water content 
greater than 10

[[Page 216]]

percent as specified in Sec.  61.342(a), the owner or operator shall:
    (i) Determine the annual waste quantity for each waste stream using 
the procedures specified in paragraph (b) of this section.
    (ii) Determine the flow-weighted annual average benzene 
concentration for each waste stream using the procedures specified in 
paragraph (c) of this section.
    (iii) Calculate the annual benzene quantity for each waste stream by 
multiplying the annual waste quantity of the waste stream times the 
flow-weighted annual average benzene concentration.
    (2) Total annual benzene quantity from facility waste is calculated 
by adding together the annual benzene quantity for each waste stream 
generated during the year and the annual benzene quantity for each 
process unit turnaround waste annualized according to paragraph (b)(4) 
of this section.
    (3) If the total annual benzene quantity from facility waste is 
equal to or greater than 10 Mg/yr (11 ton/yr), then the owner or 
operator shall comply with the requirements of Sec.  61.342 (c), (d), or 
(e).
    (4) If the total annual benzene quantity from facility waste is less 
than 10 Mg/yr (11 ton/yr) but is equal to or greater than 1 Mg/yr (1.1 
ton/yr), then the owner or operator shall:
    (i) Comply with the recordkeeping requirements of Sec.  61.356 and 
reporting requirements of Sec.  61.357 of this subpart; and
    (ii) Repeat the determination of total annual benzene quantity from 
facility waste at least once per year and whenever there is a change in 
the process generating the waste that could cause the total annual 
benzene quantity from facility waste to increase to 10 Mg/yr (11 ton/yr) 
or more.
    (5) If the total annual benzene quantity from facility waste is less 
than 1 Mg/yr (1.1 ton/yr), then the owner or operator shall:
    (i) Comply with the recordkeeping requirements of Sec.  61.356 and 
reporting requirements of Sec.  61.357 of this subpart; and
    (ii) Repeat the determination of total annual benzene quantity from 
facility waste whenever there is a change in the process generating the 
waste that could cause the total annual benzene quantity from facility 
waste to increase to 1 Mg/yr (1.1 ton/yr) or more.
    (6) The benzene quantity in a waste stream that is generated less 
than one time per year, except as provided for process unit turnaround 
waste in paragraph (b)(4) of this section, shall be included in the 
determination of total annual benzene quantity from facility waste for 
the year in which the waste is generated unless the waste stream is 
otherwise excluded from the determination of total annual benzene 
quantity from facility waste in accordance with paragraphs (a) through 
(c) of this section. The benzene quantity in this waste stream shall not 
be annualized or averaged over the time interval between the activities 
that resulted in generation of the waste, for purposes of determining 
the total annual benzene quantity from facility waste.
    (b) For purposes of the calculation required by paragraph (a) of 
this section, an owner or operator shall determine the annual waste 
quantity at the point of waste generation, unless otherwise provided in 
paragraphs (b) (1), (2), (3), and (4) of this section, by one of the 
methods given in paragraphs (b) (5) through (7) of this section.
    (1) The determination of annual waste quantity for sour water 
streams that are processed in sour water strippers shall be made at the 
point that the water exits the sour water stripper.
    (2) The determination of annual waste quantity for wastes at coke 
by-product plants subject to and complying with the control requirements 
of Sec.  61.132, 61.133, 61.134, or 61.139 of subpart L of this part 
shall be made at the location that the waste stream exits the process 
unit component or waste management unit controlled by that subpart or at 
the exit of the ammonia still, provided that the following conditions 
are met:
    (i) The transfer of wastes between units complying with the control 
requirements of subpart L of this part, process units, and the ammonia 
still is made through hard piping or other enclosed system.
    (ii) The ammonia still meets the definition of a sour water stripper 
in Sec.  61.341.

[[Page 217]]

    (3) The determination of annual waste quantity for wastes that are 
received at hazardous waste treatment, storage, or disposal facilities 
from offsite shall be made at the point where the waste enters the 
hazardous waste treatment, storage, or disposal facility.
    (4) The determination of annual waste quantity for each process unit 
turnaround waste generated only at 2 year or greater intervals, may be 
made by dividing the total quantity of waste generated during the most 
recent process unit turnaround by the time period (in the nearest tenth 
of a year) between the turnaround resulting in generation of the waste 
and the most recent preceding process turnaround for the unit. The 
resulting annual waste quantity shall be included in the calculation of 
the annual benzene quantity as provided in paragraph (a)(1)(iii) of this 
section for the year in which the turnaround occurs and for each 
subsequent year until the unit undergoes the next process turnaround. 
For estimates of total annual benzene quantity as specified in the 90-
day report, required under Sec.  61.357(a)(1), the owner or operator 
shall estimate the waste quantity generated during the most recent 
turnaround, and the time period between turnarounds in accordance with 
good engineering practices. If the owner or operator chooses not to 
annualize process unit turnaround waste, as specified in this paragraph, 
then the process unit turnaround waste quantity shall be included in the 
calculation of the annual benzene quantity for the year in which the 
turnaround occurs.
    (5) Select the highest annual quantity of waste managed from 
historical records representing the most recent 5 years of operation or, 
if the facility has been in service for less than 5 years but at least 1 
year, from historical records representing the total operating life of 
the facility;
    (6) Use the maximum design capacity of the waste management unit; or
    (7) Use measurements that are representative of maximum waste 
generation rates.
    (c) For the purposes of the calculation required by Sec. Sec.  
61.355(a) of this subpart, an owner or operator shall determine the 
flow-weighted annual average ben- zene concentration in a manner that 
meets the requirements given in paragraph (c)(1) of this section using 
either of the methods given in paragraphs (c)(2) and (c)(3) of this 
section.
    (1) The determination of flow-weighted annual average benzene 
concentration shall meet all of the following criteria:
    (i) The determination shall be made at the point of waste generation 
except for the specific cases given in paragraphs (c)(1)(i)(A) through 
(D) of this section.
    (A) The determination for sour water streams that are processed in 
sour water strippers shall be made at the point that the water exits the 
sour water stripper.
    (B) The determination for wastes at coke by-product plants subject 
to and complying with the control requirements of Sec.  61.132, 61.133, 
61.134, or 61.139 of subpart L of this part shall be made at the 
location that the waste stream exits the process unit component or waste 
management unit controlled by that subpart or at the exit of the ammonia 
still, provided that the following conditions are met:
    (1) The transfer of wastes between units complying with the control 
requirements of subpart L of this part, process units, and the ammonia 
still is made through hard piping or other enclosed system.
    (2) The ammonia still meets the definition of a sour water stripper 
in Sec.  61.341.
    (C) The determination for wastes that are received from offsite 
shall be made at the point where the waste enters the hazardous waste 
treatment, storage, or disposal facility.
    (D) The determination of flow-weighted annual average benzene 
concentration for process unit turnaround waste shall be made using 
either of the methods given in paragraph (c)(2) or (c)(3) of this 
section. The resulting flow-weighted annual average benzene 
concentration shall be included in the calculation of annual benzene 
quantity as provided in paragraph (a)(1)(iii) of this section for the 
year in which the turnaround occurs and for each subsequent year until 
the unit undergoes the next process unit turnaround.
    (ii) Volatilization of the benzene by exposure to air shall not be 
used in the

[[Page 218]]

determination to reduce the benzene concentration.
    (iii) Mixing or diluting the waste stream with other wastes or other 
materials shall not be used in the determination--to reduce the benzene 
concentration.
    (iv) The determination shall be made prior to any treatment of the 
waste that removes benzene, except as specified in paragraphs 
(c)(1)(i)(A) through (D) of this section.
    (v) For wastes with multiple phases, the determination shall provide 
the weighted-average benzene concentration based on the benzene 
concentration in each phase of the waste and the relative proportion of 
the phases.
    (2) Knowledge of the waste. The owner or operator shall provide 
sufficient information to document the flow-weighted annual average 
benzene concentration of each waste stream. Examples of information that 
could constitute knowledge include material balances, records of 
chemicals purchases, or previous test results provided the results are 
still relevant to the current waste stream conditions. If test data are 
used, then the owner or operator shall provide documentation describing 
the testing protocol and the means by which sampling variability and 
analytical variability were accounted for in the determination of the 
flow-weighted annual average benzene concentration for the waste stream. 
When an owner or operator and the Administrator do not agree on 
determinations of the flow-weighted annual average benzene concentration 
based on knowledge of the waste, the procedures under paragraph (c)(3) 
of this section shall be used to resolve the disagreement.
    (3) Measurements of the benzene concentration in the waste stream in 
accordance with the following procedures:
    (i) Collect a minimum of three representative samples from each 
waste stream. Where feasible, samples shall be taken from an enclosed 
pipe prior to the waste being exposed to the atmosphere.
    (ii) For waste in enclosed pipes, the following procedures shall be 
used:
    (A) Samples shall be collected prior to the waste being exposed to 
the atmosphere in order to minimize the loss of benzene prior to 
sampling.
    (B) A static mixer shall be installed in the process line or in a 
by-pass line unless the owner or operator demonstrates that installation 
of a static mixer in the line is not necessary to accurately determine 
the benzene concentration of the waste stream.
    (C) The sampling tap shall be located within two pipe diameters of 
the static mixer outlet.
    (D) Prior to the initiation of sampling, sample lines and cooling 
coil shall be purged with at least four volumes of waste.
    (E) After purging, the sample flow shall be directed to a sample 
container and the tip of the sampling tube shall be kept below the 
surface of the waste during sampling to minimize contact with the 
atmosphere.
    (F) Samples shall be collected at a flow rate such that the cooling 
coil is able to maintain a waste temperature less than 10 [deg]C (50 
[deg]F).
    (G) After filling, the sample container shall be capped immediately 
(within 5 seconds) to leave a minimum headspace in the container.
    (H) The sample containers shall immediately be cooled and maintained 
at a temperature below 10 [deg]C (50 [deg]F) for transfer to the 
laboratory.
    (iii) When sampling from an enclosed pipe is not feasible, a minimum 
of three representative samples shall be collected in a manner to 
minimize exposure of the sample to the atmosphere and loss of benzene 
prior to sampling.
    (iv) Each waste sample shall be analyzed using one of the following 
test methods for determining the benzene concentration in a waste 
stream:
    (A) Method 8020, Aromatic Volatile Organics, in ``Test Methods for 
Evaluating Solid Waste, Physical/Chemical Methods,'' EPA Publication No. 
SW-846 (incorporation by reference as specified in Sec.  61.18 of this 
part);
    (B) Method 8021, Volatile Organic Compounds in Water by Purge and 
Trap Capillary Column Gas Chromatography with Photoionization and 
Electrolytic Conductivity Detectors in Series in ``Test Methods for 
Evaluating

[[Page 219]]

Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846 
(incorporation by reference as specified in Sec.  61.18 of this part);
    (C) Method 8240, Gas Chromatography/Mass Spectrometry for Volatile 
Organics in ``Test Methods for Evaluating Solid Waste, Physical/Chemical 
Methods,'' EPA Publication No. SW-846 (incorporation by reference as 
specified in Sec.  61.18 of this part);
    (D) Method 8260, Gas Chromatography/Mass Spectrometry for Volatile 
Organics: Capillary Column Technique in ``Test Methods for Evaluating 
Solid Waste, Physical/Chemical Methods,'' EPA Publication No. SW-846 
(incorporation by reference as specified in Sec.  61.18 of this part);
    (E) Method 602, Purgeable Aromatics, as described in 40 CFR part 
136, appendix A, Test Procedures for Analysis of Organic Pollutants, for 
wastewaters for which this is an approved EPA methods; or
    (F) Method 624, Purgeables, as described in 40 CFR part 136, 
appendix A, Test Procedures for Analysis of Organic Pollutants, for 
wastewaters for which this is an approved EPA method.
    (v) The flow-weighted annual average benzene concentration shall be 
calculated by averaging the results of the sample analyses as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.058

Where:

C = Flow-weighted annual average benzene concentration for waste stream, 
          ppmw.
Qt = Total annual waste quantity for waste stream, kg/yr (lb/
          yr).
n = Number of waste samples (at least 3).

Qi = Annual waste quantity for waste stream represented by 
          Ci, kg/yr (lb/yr).
Ci = Measured concentration of benzene in waste sample i, 
          ppmw.

    (d) An owner or operator using performance tests to demonstrate 
compliance of a treatment process with Sec.  61.348 (a)(1)(i) shall 
measure the flow-weighted annual average benzene concentration of the 
waste stream exiting the treatment process by collecting and analyzing a 
minimum of three representative samples of the waste stream using the 
procedures in paragraph (c)(3) of this section. The test shall be 
conducted under conditions that exist when the treatment process is 
operating at the highest inlet waste stream flow rate and benzene 
content expected to occur. Operations during periods of startup, 
shutdown, and malfunction shall not constitute representative conditions 
for the purpose of a test. The owner or operator shall record all 
process information as is necessary to document the operating conditions 
during the test.
    (e) An owner or operator using performance tests to demonstrate 
compliance of a treatment process with Sec.  61.348(a)(1)(ii) of this 
subpart shall determine the percent reduction of benzene in the waste 
stream on a mass basis by the following procedure:
    (1) The test shall be conducted under conditions that exist when the 
treatment process is operating at the highest inlet waste stream flow 
rate and benzene content expected to occur. Operations during periods of 
startup, shutdown, and malfunction shall not constitute representative 
conditions for the purpose of a test. The owner or operator shall record 
all process information as is necessary to document the operating 
conditions during the test.
    (2) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (3) The mass flow rate of benzene entering the treatment process 
(Eb) shall be determined by computing the product of the flow 
rate of the waste stream entering the treatment process, as determined 
by the inlet flow meter, and the benzene concentration of the waste 
stream, as determined using the sampling and analytical procedures 
specified in paragraph (c)(2) or (c)(3) of this section. Three grab 
samples of the waste shall be taken at equally spaced time intervals 
over a 1-hour period. Each 1-hour period constitutes a run, and the 
performance test shall consist of a minimum of 3 runs conducted over a 
3-hour period. The mass flow rate of benzene entering the treatment 
process is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC01MY92.007

Where:


[[Page 220]]


Eb = Mass flow rate of benzene entering the treatment 
          process, kg/hr (lb/hr).
K = Density of the waste stream, kg/m\3\ (lb/ft\3\).
Vi = Average volume flow rate of waste entering the treatment 
          process during each run i, m\3\/hr (ft\3\/hr).
Ci = Average concentration of benzene in the waste stream 
          entering the treatment process during each run i, ppmw.
n = Number of runs.
10\6\ = Conversion factor for ppmw.

    (4) The mass flow rate of benzene exiting the treatment process 
(Ea) shall be determined by computing the product of the flow 
rate of the waste stream exiting the treatment process, as determined by 
the outlet flow meter or the inlet flow meter, and the benzene 
concentration of the waste stream, as determined using the sampling and 
analytical procedures specified in paragraph (c)(2) or (c)(3) of this 
section. Three grab samples of the waste shall be taken at equally 
spaced time intervals over a 1-hour period. Each 1-hour period 
constitutes a run, and the performance test shall consist of a minimum 
of 3 runs conducted over the same 3-hour period at which the mass flow 
rate of benzene entering the treatment process is determined. The mass 
flow rate of benzene exiting the treatment process is calculated as 
follows:
[GRAPHIC] [TIFF OMITTED] TC01MY92.008

Where:

Ea = Mass flow rate of benzene exiting the treatment process, 
          kg/hr (lb/hr).
K = Density of the waste stream, kg/m\3\ (lb/ft\3\).
Vi = Average volume flow rate of waste exiting the treatment 
          process during each run i, m\3\/hr (ft\3\/hr).
Ci = Average concentration of benzene in the waste stream 
          exiting the treatment process during each run i, ppmw.
n = Number of runs.
10\6\ = Conversion factor for ppmw.

    (f) An owner or operator using performance tests to demonstrate 
compliance of a treatment process with Sec.  61.348(a)(1)(iii) of this 
subpart shall determine the benzene destruction efficiency for the 
combustion unit by the following procedure:
    (1) The test shall be conducted under conditions that exist when the 
combustion unit is operating at the highest inlet waste stream flow rate 
and benzene content expected to occur. Operations during periods of 
startup, shutdown, and malfunction shall not constitute representative 
conditions for the purpose of a test. The owner or operator shall record 
all process information necessary to document the operating conditions 
during the test.
    (2) All testing equipment shall be prepared and installed as 
specified in the appropriate test methods.
    (3) The mass flow rate of benzene entering the combustion unit shall 
be determined by computing the product of the flow rate of the waste 
stream entering the combustion unit, as determined by the inlet flow 
meter, and the benzene concentration of the waste stream, as determined 
using the sampling procedures in paragraph (c)(2) or (c)(3) of this 
section. Three grab samples of the waste shall be taken at equally 
spaced time intervals over a 1-hour period. Each 1-hour period 
constitutes a run, and the performance test shall consist of a minimum 
of 3 runs conducted over a 3-hour period. The mass flow rate of benzene 
into the combustion unit is calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC01MY92.009

Where:

Eb = Mass flow rate of benzene entering the combustion unit, 
          kg/hr (lb/hr).
K = Density of the waste stream, kg/m\3\ (lb/ft\3\).
Vi = Average volume flow rate of waste entering the 
          combustion unit during each run i, m\3\/hr (ft\3\/hr).
Ci = Average concentration of benzene in the waste stream 
          entering the combustion unit during each run i, ppmw.
n = Number of runs.
10\6\ = Conversion factor for ppmw.

    (4) The mass flow rate of benzene exiting the combustion unit 
exhaust stack shall be determined as follows:
    (i) The time period for the test shall not be less than 3 hours 
during which at least 3 stack gas samples are collected and be the same 
time period at which the mass flow rate of benzene entering the 
treatment process is determined. Each sample shall be collected

[[Page 221]]

over a 1-hour period (e.g., in a tedlar bag) to represent a time-
integrated composite sample and each 1-hour period shall correspond to 
the periods when the waste feed is sampled.
    (ii) A run shall consist of a 1-hour period during the test. For 
each run:
    (A) The reading from each measurement shall be recorded;
    (B) The volume exhausted shall be determined using Method 2, 2A, 2C, 
or 2D from appendix A of 40 CFR part 60, as appropriate.
    (C) The average benzene concentration in the exhaust downstream of 
the combustion unit shall be determined using Method 18 from appendix A 
of 40 CFR part 60.
    (iii) The mass of benzene emitted during each run shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.488

Where:

Mi = Mass of benzene emitted during run i, kg (lb).
V = Volume of air-vapor mixture exhausted at standard conditions, m\3\ 
          (ft\3\).
C = Concentration of benzene measured in the exhaust, ppmv.
Db = Density of benzene, 3.24 kg/m\3\ (0.202 lb/ft\3\).
10\6\ = Conversion factor for ppmv.

    (iv) The benzene mass emission rate in the exhaust shall be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC01MY92.010

Where:

Ea = Mass flow rate of benzene emitted from the combustion 
          unit, kg/hr (lb/hr).
Mi = Mass of benzene emitted from the combustion unit during 
          run i, kg (lb).
T = Total time of all runs, hr.
n = Number of runs.

    (5) The benzene destruction efficiency for the combustion unit shall 
be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC01MY92.011

Where:

R = Benzene destruction efficiency for the combustion unit, percent.
Eb = Mass flow rate of benzene entering the combustion unit, 
          kg/hr (lb/hr).
Ea = Mass flow rate of benzene emitted from the combustion 
          unit, kg/hr (lb/hr).

    (g) An owner or operator using performance tests to demonstrate 
compliance of a wastewater treatment system unit with Sec.  61.348(b) 
shall measure the flow-weighted annual average benzene concentration of 
the wastewater stream where the waste stream enters an exempt waste 
management unit by collecting and analyzing a minimum of three 
representative samples of the waste stream using the procedures in 
paragraph (c)(3) of this section. The test shall be conducted under 
conditions that exist when the wastewater treatment system is operating 
at the highest inlet wastewater stream flow rate and benzene content 
expected to occur. Operations during periods of startup, shutdown, and 
malfunction shall not constitute representative conditions for the 
purpose of a test. The owner or operator shall record all process 
information as is necessary to document the operating conditions during 
the test.
    (h) An owner or operator shall test equipment for compliance with no 
detectable emissions as required in Sec. Sec.  61.343 through 61.347, 
and Sec.  61.349 of this subpart in accordance with the following 
requirements:
    (1) Monitoring shall comply with Method 21 from 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 
approximately, but less than, 10,000 ppm methane or n-hexane.
    (5) The background level shall be determined as set forth in Method 
21.
    (6) The instrument probe shall be traversed around all potential 
leak interfaces as close as possible to the interface as described in 
Method 21.

[[Page 222]]

    (7) The arithmetic difference between the maximum concentration 
indicated by the instrument and the background level is compared to 500 
ppm for determining compliance.
    (i) An owner or operator using a performance test to demonstrate 
compliance of a control device with either the organic reduction 
efficiency requirement or the benzene reduction efficiency requirement 
specified under Sec.  61.349(a)(2) shall use the following procedures:
    (1) The test shall be conducted under conditions that exist when the 
waste management unit vented to the control device is operating at the 
highest load or capacity level expected to occur. Operations during 
periods of startup, shutdown, and malfunction shall not constitute 
representative conditions for the purpose of a test. The owner or 
operator shall record all process information necessary to document the 
operating conditions during the test.
    (2) Sampling sites shall be selected using Method 1 or 1A from 
appendix A of 40 CFR part 60, as appropriate.
    (3) The mass flow rate of either the organics or benzene entering 
and exiting the control device shall be determined as follows:
    (i) The time period for the test shall not be less than 3 hours 
during which at least 3 stack gas samples are collected. Samples of the 
vent stream entering and exiting the control device shall be collected 
during the same time period. Each sample shall be collected over a 1-
hour period (e.g., in a tedlar bag) to represent a time-integrated 
composite sample.
    (ii) A run shall consist of a 1-hour period during the test. For 
each run:
    (A) The reading from each measurement shall be recorded;
    (B) The volume exhausted shall be determined using Method 2, 2A, 2C, 
or 2D from appendix A of 40 CFR part 60, as appropriate;
    (C) The organic concentration or the benzene concentration, as 
appropriate, in the vent stream entering and exiting the control shall 
be determined using Method 18 from appendix A of 40 CFR part 60.
    (iii) The mass of organics or benzene entering and exiting the 
control device during each run shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.489

[GRAPHIC] [TIFF OMITTED] TR17OC00.490

Maj = Mass of organics or benzene in the vent stream entering 
          the control device during run j, kg (lb).
Mbj = Mass of organics or benzene in the vent stream exiting 
          the control device during run j, kg (lb).
Vaj = Volume of vent stream entering the control device 
          during run j, at standard conditions, m\3\ (ft\3\).
Vbj = Volume of vent stream exiting the control device during 
          run j, at standard conditions, m\3\ (ft\3\).
Cai = Organic concentration of compound i or the benzene 
          concentration measured in the vent stream entering the control 
          device as determined by Method 18, ppm by volume on a dry 
          basis.
Cbi = Organic concentration of compound i or the benzene 
          concentration measured in the vent stream exiting the control 
          device as determined by Method 18, ppm by volume on a dry 
          basis.
MWi = Molecular weight of organic compound i in the vent 
          stream, or the molecular weight of benzene, kg/kg-mol (lb/lb-
          mole).
n = Number of organic compounds in the vent stream; if benzene reduction 
          efficiency is being demonstrated, then n = 1.
K1 = Conversion factor for molar volume at standard 
          conditions (293 K and 760 mm Hg (527 R and 14.7 psia))
    = 0.0416 kg-mol/m\3\ (0.00118 lb-mol/ft\3\)
10-6 = Conversion factor for ppmv.

    (iv) The mass flow rate of organics or benzene entering and exiting 
the control device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC01MY92.013

Where:


[[Page 223]]


Ea = Mass flow rate of organics or benzene entering the 
          control device, kg/hr (lb/hr).
Eb = Mass flow rate of organics or benzene exiting the 
          control device, kg/hr (lb/hr).
Maj = Mass of organics or benzene in the vent stream entering 
          the control device during run j, kg (lb).
M bj = Mass of organics or benzene in the vent stream exiting 
          the control device during run j, kg (lb).
T = Total time of all runs, hr.
n = Number of runs.

    (4) The organic reduction efficiency or the benzene reduction 
efficiency for the control device shall be calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC01MY92.014

Where:

R = Total organic reduction of efficiency or benzene reduction 
          efficiency for the control device, percent.
Eb = Mass flow rate of organics or benzene entering the 
          control device, kg/hr (lb/hr).
Ea = Mass flow rate of organic or benzene emitted from the 
          control device, kg/hr (lb/hr).

    (j) An owner or operator shall determine the benzene quantity for 
the purposes of the calculation required by Sec.  61.342 (c)(3)(ii)(B) 
according to the provisions of paragraph (a) of this section, except 
that the procedures in paragraph (a) of this section shall also apply to 
wastes with a water content of 10 percent or less.
    (k) An owner or operator shall determine the benzene quantity for 
the purposes of the calculation required by Sec.  61.342(e)(2) by the 
following procedure:
    (1) For each waste stream that is not controlled for air emissions 
in accordance with Sec.  61.343. 61.344, 61.345, 61.346, 61.347, or 
61.348(a), as applicable to the waste management unit that manages the 
waste, the benzene quantity shall be determined as specified in 
paragraph (a) of this section, except that paragraph (b)(4) of this 
section shall not apply, i.e., the waste quantity for process unit 
turnaround waste is not annualized but shall be included in the 
determination of benzene quantity for the year in which the waste is 
generated for the purposes of the calculation required by Sec.  
61.342(e)(2).
    (2) For each waste stream that is controlled for air emissions in 
accordance with Sec.  61.343. 61.344, 61.345, 61.346, 61.347, or 
61.348(a), as applicable to the waste management unit that manages the 
waste, the determination of annual waste quantity and flow-weighted 
annual average benzene concentration shall be made at the first 
applicable location as described in paragraphs (k)(2)(i), (k)(2)(ii), 
and (k)(2)(iii) of this section and prior to any reduction of benzene 
concentration through volatilization of the benzene, using the methods 
given in (k)(2)(iv) and (k)(2)(v) of this section.
    (i) Where the waste stream enters the first waste management unit 
not complying with Sec. Sec.  61.343, 61.344, 61.345, 61.346, 61.347, 
and 61.348(a) that are applicable to the waste management unit,
    (ii) For each waste stream that is managed or treated only in 
compliance with Sec. Sec.  61.343 through 61.348(a) up to the point of 
final direct discharge from the facility, the determination of benzene 
quantity shall be prior to any reduction of benzene concentration 
through volatilization of the benzene, or
    (iii) For wastes managed in units controlled for air emissions in 
accordance with Sec. Sec.  61.343, 61.344, 61.345, 61.346, 61.347, and 
61.348(a), and then transferred offsite, facilities shall use the first 
applicable offsite location as described in paragraphs (k)(2)(i) and 
(k)(2)(ii) of this section if they have documentation from the offsite 
facility of the benzene quantity at this location. Facilities without 
this documentation for offsite wastes shall use the benzene quantity 
determined at the point where the transferred waste leaves the facility.
    (iv) Annual waste quantity shall be determined using the procedures 
in paragraphs (b)(5), (6), or (7) of this section, and
    (v) The flow-weighted annual average benzene concentration shall be 
determined using the procedures in paragraphs (c)(2) or (3) of this 
section.
    (3) The benzene quantity in a waste stream that is generated less 
than one time per year, including process unit turnaround waste, shall 
be included in the determination of benzene quantity as determined in 
paragraph (k)(6) of this section for the year in which the waste is 
generated. The benzene quantity in this waste stream shall not be

[[Page 224]]

annualized or averaged over the time interval between the activities 
that resulted in generation of the waste for purposes of determining 
benzene quantity as determined in paragraph (k)(6) of this section.
    (4) The benzene in waste entering an enhanced biodegradation unit, 
as defined in Sec.  61.348(b)(2)(ii)(B), shall not be included in the 
determination of benzene quantity, determined in paragraph (k)(6) of 
this section, if the following conditions are met:
    (i) The benzene concentration for each waste stream entering the 
enhanced biodegradation unit is less than 10 ppmw on a flow-weighted 
annual average basis, and
    (ii) All prior waste management units managing the waste comply with 
Sec. Sec.  61.343, 61.344, 61.345, 61.346, 61.347 and 61.348(a).
    (5) The benzene quantity for each waste stream in paragraph (k)(2) 
of this section shall be determined by multiplying the annual waste 
quantity of each waste stream times its flow-weighted annual average 
benzene concentration.
    (6) The total benzene quantity for the purposes of the calculation 
required by Sec.  61.342(e)(2) shall be determined by adding together 
the benzene quantities determined in paragraphs (k)(1) and (k)(5) of 
this section for each applicable waste stream.
    (7) If the benzene quantity determined in paragraph (6) of this 
section exceeds 6.0 Mg/yr (6.6 ton/yr) only because of multiple counting 
of the benzene quantity for a waste stream, the owner or operator may 
use the following procedures for the purposes of the calculation 
required by Sec.  61.342(e)(2):
    (i) Determine which waste management units are involved in the 
multiple counting of benzene;
    (ii) Determine the quantity of benzene that is emitted, recovered, 
or removed from the affected units identified in paragraph (k)(7)(i) of 
this section, or destroyed in the units if applicable, using either 
direct measurements or the best available estimation techniques 
developed or approved by the Administrator.
    (iii) Adjust the benzene quantity to eliminate the multiple counting 
of benzene based on the results from paragraph (k)(7)(ii) of this 
section and determine the total benzene quantity for the purposes of the 
calculation required by Sec.  61.342(e)(2).
    (iv) Submit in the annual report required under Sec.  61.357(a) a 
description of the methods used and the resulting calculations for the 
alternative procedure under paragraph (k)(7) of this section, the 
benzene quantity determination from paragraph (k)(6) of this section, 
and the adjusted benzene quantity determination from paragraph 
(k)(7)(iii) of this section.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990, as amended at 55 
FR 37231, Sept. 10, 1990; 58 FR 3099, Jan. 7, 1993; 65 FR 62160, Oct. 
17, 2000]



Sec.  61.356  Recordkeeping requirements.

    (a) Each owner or operator of a facility subject to the provisions 
of this subpart shall comply with the recordkeeping requirements of this 
section. Each record shall be maintained in a readily accessible 
location at the facility site for a period not less than two years from 
the date the information is recorded unless otherwise specified.
    (b) Each owner or operator shall maintain records that identify each 
waste stream at the facility subject to this subpart, and indicate 
whether or not the waste stream is controlled for benzene emissions in 
accordance with this subpart. In addition the owner or operator shall 
maintain the following records:
    (1) For each waste stream not controlled for benzene emissions in 
accordance with this subpart, the records shall include all test 
results, measurements, calculations, and other documentation used to 
determine the following information for the waste stream: waste stream 
identification, water content, whether or not the waste stream is a 
process wastewater stream, annual waste quantity, range of benzene 
concentrations, annual average flow-weighted benzene concentration, and 
annual benzene quantity.
    (2) For each waste stream exempt from Sec.  61.342(c)(1) in 
accordance with Sec.  61.342(c)(3), the records shall include:

[[Page 225]]

    (i) All measurements, calculations, and other documentation used to 
determine that the continuous flow of process wastewater is less than 
0.02 liters (0.005 gallons) per minute or the annual waste quantity of 
process wastewater is less than 10 Mg/yr (11 ton/yr) in accordance with 
Sec.  61.342(c)(3)(i), or
    (ii) All measurements, calculations, and other documentation used to 
determine that the sum of the total annual benzene quantity in all 
exempt waste streams does not exceed 2.0 Mg/yr (2.2 ton/yr) in 
accordance with Sec.  61.342(c)(3)(ii).
    (3) For each facility where process wastewater streams are 
controlled for benzene emissions in accordance with Sec.  61.342(d) of 
this subpart, the records shall include for each treated process 
wastewater stream all measurements, calculations, and other 
documentation used to determine the annual benzene quantity in the 
process wastewater stream exiting the treatment process.
    (4) For each facility where waste streams are controlled for benzene 
emissions in accordance with Sec.  61.342(e), the records shall include 
for each waste stream all measurements, including the locations of the 
measurements, calculations, and other documentation used to determine 
that the total benzene quantity does not exceed 6.0 Mg/yr (6.6 ton/yr).
    (5) For each facility where the annual waste quantity for process 
unit turnaround waste is determined in accordance with Sec.  
61.355(b)(5), the records shall include all test results, measurements, 
calculations, and other documentation used to determine the following 
information: identification of each process unit at the facility that 
undergoes turnarounds, the date of the most recent turnaround for each 
process unit, identification of each process unit turnaround waste, the 
water content of each process unit turnaround waste, the annual waste 
quantity determined in accordance with Sec.  61.355(b)(5), the range of 
benzene concentrations in the waste, the annual average flow-weighted 
benzene concentration of the waste, and the annual benzene quantity 
calculated in accordance with Sec.  61.355(a)(1)(iii) of this section.
    (6) For each facility where wastewater streams are controlled for 
benzene emissions in accordance with Sec.  61.348(b)(2), the records 
shall include all measurements, calculations, and other documentation 
used to determine the annual benzene content of the waste streams and 
the total annual benzene quantity contained in all waste streams managed 
or treated in exempt waste management units.
    (c) An owner or operator transferring waste off-site to another 
facility for treatment in accordance with Sec.  61.342(f) shall maintain 
documentation for each offsite waste shipment that includes the 
following information: Date waste is shipped offsite, quantity of waste 
shipped offsite, name and address of the facility receiving the waste, 
and a copy of the notice sent with the waste shipment.
    (d) An owner or operator using control equipment in accordance with 
Sec. Sec.  61.343 through 61.347 shall maintain engineering design 
documentation for all control equipment that is installed on the waste 
management unit. The documentation shall be retained for the life of the 
control equipment. If a control device is used, then the owner or 
operator shall maintain the control device records required by paragraph 
(f) of this section.
    (e) An owner or operator using a treatment process or wastewater 
treatment system unit in accordance with Sec.  61.348 of this subpart 
shall maintain the following records. The documentation shall be 
retained for the life of the unit.
    (1) A statement signed and dated by the owner or operator certifying 
that the unit is designed to operate at the documented performance level 
when the waste stream entering the unit is at the highest waste stream 
flow rate and benzene content expected to occur.
    (2) If engineering calculations are used to determine treatment 
process or wastewater treatment system unit performance, then the owner 
or operator shall maintain the complete design analysis for the unit. 
The design analysis shall include for example the following information: 
Design specifications, drawings, schematics, piping and instrumentation 
diagrams, and other

[[Page 226]]

documentation necessary to demonstrate the unit performance.
    (3) If performance tests are used to determine treatment process or 
wastewater treatment system unit performance, then the owner or operator 
shall maintain all test information necessary to demonstrate the unit 
performance.
    (i) A description of the unit including the following information: 
type of treatment process; manufacturer name and model number; and for 
each waste stream entering and exiting the unit, the waste stream type 
(e.g., process wastewater, sludge, slurry, etc.), and the design flow 
rate and benzene content.
    (ii) Documentation describing the test protocol and the means by 
which sampling variability and analytical variability were accounted for 
in the determination of the unit performance. The description of the 
test protocol shall include the following information: sampling 
locations, sampling method, sampling frequency, and analytical 
procedures used for sample analysis.
    (iii) Records of unit operating conditions during each test run 
including all key process parameters.
    (iv) All test results.
    (4) If a control device is used, then the owner or operator shall 
maintain the control device records required by paragraph (f) of this 
section.
    (f) An owner or operator using a closed-vent system and control 
device in accordance with Sec.  61.349 of this subpart shall maintain 
the following records. The documentation shall be retained for the life 
of the control device.
    (1) A statement signed and dated by the owner or operator certifying 
that the closed-vent system and control device is designed to operate at 
the documented performance level when the waste management unit vented 
to the control device is or would be operating at the highest load or 
capacity expected to occur.
    (2) If engineering calculations are used to determine control device 
performance in accordance with Sec.  61.349(c), then a design analysis 
for the control device that includes for example:
    (i) Specifications, drawings, schematics, and piping and 
instrumentation diagrams prepared by the owner or operator, or the 
control device manufacturer or vendor that describe the control device 
design based on acceptable engineering texts. The design analysis shall 
address the following vent stream characteristics and control device 
operating parameters:
    (A) For a thermal vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperature in the combustion zone and the combustion zone 
residence time.
    (B) For a catalytic vapor incinerator, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average temperatures across the catalyst bed inlet and outlet.
    (C) For a boiler or process heater, the design analysis shall 
consider the vent stream composition, constituent concentrations, and 
flow rate. The design analysis shall also establish the design minimum 
and average flame zone temperatures, combustion zone residence time, and 
description of method and location where the vent stream is introduced 
into the flame zone.
    (D) For a flare, the design analysis shall consider the vent stream 
composition, constituent concentrations, and flow rate. The design 
analysis shall also consider the requirements specified in 40 CFR 60.18.
    (E) For a condenser, the design analysis shall consider the vent 
stream composition, constituent concentration, flow rate, relative 
humidity, and temperature. The design analysis shall also establish the 
design outlet organic compound concentration level or the design outlet 
benzene concentration level, design average temperature of the condenser 
exhaust vent stream, and the design average temperatures of the coolant 
fluid at the condenser inlet and outlet.
    (F) For a carbon adsorption system that regenerates the carbon bed 
directly on-site in the control device such as a fixed-bed adsorber, the 
design

[[Page 227]]

analysis shall consider the vent stream composition, constituent 
concentration, flow rate, relative humidity, and temperature. The design 
analysis shall also establish the design exhaust vent stream organic 
compound concentration level or the design exhaust vent stream benzene 
concentration level, number and capacity of carbon beds, type and 
working capacity of activated carbon used for carbon beds, design total 
steam flow over the period of each complete carbon bed regeneration 
cycle, duration of the carbon bed steaming and cooling/drying cycles, 
design carbon bed temperature after regeneration, design carbon bed 
regeneration time, and design service life of carbon.
    (G) For a carbon adsorption system that does not regenerate the 
carbon bed directly on-site in the control device, such as a carbon 
canister, the design analysis shall consider the vent stream 
composition, constituent concentration, flow rate, relative humidity, 
and temperature. The design analysis shall also establish the design 
exhaust vent stream organic compound concentration level or the design 
exhaust vent stream benzene concentration level, capacity of carbon bed, 
type and working capacity of activated carbon used for carbon bed, and 
design carbon replacement interval based on the total carbon working 
capacity of the control device and source operating schedule.
    (H) For a control device subject to the requirements of Sec.  
61.349(a)(2)(iv), the design analysis shall consider the vent stream 
composition, constituent concentration, and flow rate. The design 
analysis shall also include all of the information submitted under Sec.  
61.349 (a)(2)(iv).
    (ii) [Reserved]
    (3) If performance tests are used to determine control device 
performance in accordance with Sec.  61.349(c) of this subpart:
    (i) A description of how it is determined that the test is conducted 
when the waste management unit or treatment process is operating at the 
highest load or capacity level. This description shall include the 
estimated or design flow rate and organic content of each vent stream 
and definition of the acceptable operating ranges of key process and 
control parameters during the test program.
    (ii) A description of the control device including the type of 
control device, control device manufacturer's name and model number, 
control device dimensions, capacity, and construction materials.
    (iii) A detailed description of sampling and monitoring procedures, 
including sampling and monitoring locations in the system, the equipment 
to be used, sampling and monitoring frequency, and planned analytical 
procedures for sample analysis.
    (iv) All test results.
    (g) An owner or operator shall maintain a record for each visual 
inspection required by Sec. Sec.  61.343 through 61.347 of this subpart 
that identifies a problem (such as a broken seal, gap or other problem) 
which could result in benzene emissions. The record shall include the 
date of the inspection, waste management unit and control equipment 
location where the problem is identified, a description of the problem, 
a description of the corrective action taken, and the date the 
corrective action was completed.
    (h) An owner or operator shall maintain a record for each test of no 
detectable emissions required by Sec. Sec.  61.343 through 61.347 and 
Sec.  61.349 of this subpart. The record shall include the following 
information: date the test is performed, background level measured 
during test, and maximum concentration indicated by the instrument 
reading measured for each potential leak interface. If detectable 
emissions are measured at a leak interface, then the record shall also 
include the waste management unit, control equipment, and leak interface 
location where detectable emissions were measured, a description of the 
problem, a description of the corrective action taken, and the date the 
corrective action was completed.
    (i) For each treatment process and wastewater treatment system unit 
operated to comply with Sec.  61.348, the owner or operator shall 
maintain documentation that includes the following information regarding 
the unit operation:

[[Page 228]]

    (1) Dates of startup and shutdown of the unit.
    (2) If measurements of waste stream benzene concentration are 
performed in accordance with Sec.  61.354(a)(1) of this subpart, the 
owner or operator shall maintain records that include date each test is 
performed and all test results.
    (3) If a process parameter is continuously monitored in accordance 
with Sec.  61.354(a)(2) of this subpart, the owner or operator shall 
maintain records that include a description of the operating parameter 
(or parameters) to be monitored to ensure that the unit will be operated 
in conformance with these standards and the unit's design 
specifications, and an explanation of the criteria used for selection of 
that parameter (or parameters). This documentation shall be kept for the 
life of the unit.
    (4) If measurements of waste stream benzene concentration are 
performed in accordance with Sec.  61.354(b), the owner or operator 
shall maintain records that include the date each test is performed and 
all test results.
    (5) Periods when the unit is not operated as designed.
    (j) For each control device, the owner or operator shall maintain 
documentation that includes the following information regarding the 
control device operation:
    (1) Dates of startup and shutdown of the closed-vent system and 
control device.
    (2) A description of the operating parameter (or parameters) to be 
monitored to ensure that the control device will be operated in 
conformance with these standards and the control device's design 
specifications and an explanation of the criteria used for selection of 
that parameter (or parameters). This documentation shall be kept for the 
life of the control device.
    (3) Periods when the closed-vent system and control device are not 
operated as designed including all periods and the duration when:
    (i) Any valve car-seal or closure mechanism required under Sec.  
61.349(a)(1)(ii) is broken or the by-pass line valve position has 
changed.
    (ii) The flow monitoring devices required under Sec.  
61.349(a)(1)(ii) indicate that vapors are not routed to the control 
device as required.
    (4) If a thermal vapor incinerator is used, then the owner or 
operator shall maintain continuous records of the temperature of the gas 
stream in the combustion zone of the incinerator and records of all 3-
hour periods of operation during which the average temperature of the 
gas stream in the combustion zone is more than 28 [deg]C (50 [deg]F) 
below the design combustion zone temperature.
    (5) If a catalytic vapor incinerator is used, then the owner or 
operator shall maintain continuous records of the temperature of the gas 
stream both upstream and downstream of the catalyst bed of the 
incinerator, records of all 3-hour periods of operation during which the 
average temperature measured before the catalyst bed is more than 28 
[deg]C (50 [deg]F) below the design gas stream temperature, and records 
of all 3-hour periods of operation during which the average temperature 
difference across the catalyst bed is less than 80 percent of the design 
temperature difference.
    (6) If a boiler or process heater is used, then the owner or 
operator shall maintain records of each occurrence when there is a 
change in the location at which the vent stream is introduced into the 
flame zone as required by Sec.  61.349(a)(2)(i)(C). For a boiler or 
process heater having a design heat input capacity less than 44 MW (150 
x 106 BTU/hr), the owner or operator shall maintain continuous records 
of the temperature of the gas stream in the combustion zone of the 
boiler or process heater and records of all 3-hour periods of operation 
during which the average temperature of the gas stream in the combustion 
zone is more than 28 [deg]C (50 [deg]F) below the design combustion zone 
temperature. For a boiler or process heater having a design heat input 
capacity greater than or equal to 44 MW (150 x 106 BTU/hr), the owner or 
operator shall maintain continuous records of the parameter(s) monitored 
in accordance with the requirements of Sec.  61.354(c)(5).
    (7) If a flare is used, then the owner or operator shall maintain 
continuous records of the flare pilot flame monitoring and records of 
all periods during which the pilot flame is absent.

[[Page 229]]

    (8) If a condenser is used, then the owner or operator shall 
maintain records from the monitoring device of the parameters selected 
to be monitored in accordance with Sec.  61.354(c)(6). If concentration 
of organics or concentration of benzene in the control device outlet gas 
stream is monitored, then the owner or operator shall record all 3-hour 
periods of operation during which the concentration of organics or the 
concentration of benzene in the exhaust stream is more than 20 percent 
greater than the design value. If the temperature of the condenser 
exhaust stream and coolant fluid is monitored, then the owner or 
operator shall record all 3-hour periods of operation during which the 
temperature of the condenser exhaust vent stream is more than 6 [deg]C 
(11 [deg]F) above the design average exhaust vent stream temperature, or 
the temperature of the coolant fluid exiting the condenser is more than 
6 [deg]C (11 [deg]F) above the design average coolant fluid temperature 
at the condenser outlet.
    (9) If a carbon adsorber is used, then the owner or operator shall 
maintain records from the monitoring device of the concentration of 
organics or the concentration of benzene in the control device outlet 
gas stream. If the concentration of organics or the concentration of 
benzene in the control device outlet gas stream is monitored, then the 
owner or operator shall record all 3-hour periods of operation during 
which the concentration of organics or the concentration of benzene in 
the exhaust stream is more than 20 percent greater than the design 
value. If the carbon bed regeneration interval is monitored, then the 
owner or operator shall record each occurrence when the vent stream 
continues to flow through the control device beyond the predetermined 
carbon bed regeneration time.
    (10) If a carbon adsorber that is not regenerated directly on site 
in the control device is used, then the owner or operator shall maintain 
records of dates and times when the control device is monitored, when 
breakthrough is measured, and shall record the date and time then the 
existing carbon in the control device is replaced with fresh carbon.
    (11) If an alternative operational or process parameter is monitored 
for a control device, as allowed in Sec.  61.354(e) of this subpart, 
then the owner or operator shall maintain records of the continuously 
monitored parameter, including periods when the device is not operated 
as designed.
    (12) If a control device subject to the requirements of Sec.  
61.349(a)(2)(iv) is used, then the owner or operator shall maintain 
records of the parameters that are monitored and each occurrence when 
the parameters monitored are outside the range of values specified in 
Sec.  61.349(a)(2)(iv)(C), or other records as specified by the 
Administrator.
    (k) An owner or operator who elects to install and operate the 
control equipment in Sec.  61.351 of this subpart shall comply with the 
recordkeeping requirements in 40 CFR 60.115b.
    (l) An owner or operator who elects to install and operate the 
control equipment in Sec.  61.352 of this subpart shall maintain records 
of the following:
    (1) The date, location, and corrective action for each visual 
inspection required by 40 CFR 60.693-2(a)(5), during which a broken 
seal, gap, or other problem is identified that could result in benzene 
emissions.
    (2) Results of the seal gap measurements required by 40 CFR 60.693-
2(a).
    (m) If a system is used for emission control that is maintained at a 
pressure less than atmospheric pressure with openings to provide 
dilution air, then the owner or operator shall maintain records of the 
monitoring device and records of all periods during which the pressure 
in the unit is operated at a pressure that is equal to or greater than 
atmospheric pressure.
    (n) Each owner or operator using a total enclosure to comply with 
control requirements for tanks in Sec.  61.343 or the control 
requirements for containers in Sec.  61.345 must keep the records 
required in paragraphs (n)(1) and (2) of this section. Owners or 
operators may use records as required in 40 CFR 264.1089(b)(2)(iv) or 40 
CFR 265.1090(b)(2)(iv) for a tank or as required in 40 CFR 
264.1089(d)(1) or 40 CFR 265.1090(d)(1) for a container to meet the 
recordkeeping requirement in paragraph (n)(1) of this section. The owner 
or operator must make the

[[Page 230]]

records of each verification of a total enclosure available for 
inspection upon request.
    (1) Records of the most recent set of calculations and measurements 
performed to verify that the enclosure meets the criteria of a permanent 
total enclosure as specified in ``Procedure T--Criteria for and 
Verification of a Permanent or Temporary Total Enclosure'' in 40 CFR 
52.741, appendix B;
    (2) Records required for a closed-vent system and control device 
according to the requirements in paragraphs (d) (f), and (j) of this 
section.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990; 55 FR 18331, May 
2, 1990, as amended at 58 FR 3103, Jan. 7, 1993; 65 FR 62161, Oct. 17, 
2000; 67 FR 68533, Nov. 12, 2002]



Sec.  61.357  Reporting requirements.

    (a) Each owner or operator of a chemical plant, petroleum refinery, 
coke by-product recovery plant, and any facility managing wastes from 
these industries shall submit to the Administrator within 90 days after 
January 7, 1993, or by the initial startup for a new source with an 
initial startup after the effective date, a report that summarizes the 
regulatory status of each waste stream subject to Sec.  61.342 and is 
determined by the procedures specified in Sec.  61.355(c) to contain 
benzene. Each owner or operator subject to this subpart who has no 
benzene onsite in wastes, products, by-products, or intermediates shall 
submit an initial report that is a statement to this effect. For all 
other owners or operators subject to this subpart, the report shall 
include the following information:
    (1) Total annual benzene quantity from facility waste determined in 
accordance with Sec.  61.355(a) of this subpart.
    (2) A table identifying each waste stream and whether or not the 
waste stream will be controlled for benzene emissions in accordance with 
the requirements of this subpart.
    (3) For each waste stream identified as not being controlled for 
benzene emissions in accordance with the requirements of this subpart 
the following information shall be added to the table:
    (i) Whether or not the water content of the waste stream is greater 
than 10 percent;
    (ii) Whether or not the waste stream is a process wastewater stream, 
product tank drawdown, or landfill leachate;
    (iii) Annual waste quantity for the waste stream;
    (iv) Range of benzene concentrations for the waste stream;
    (v) Annual average flow-weighted benzene concentration for the waste 
stream; and
    (vi) Annual benzene quantity for the waste stream.
    (4) The information required in paragraphs (a) (1), (2), and (3) of 
this section should represent the waste stream characteristics based on 
current configuration and operating conditions. An owner or operator 
only needs to list in the report those waste streams that contact 
materials containing benzene. The report does not need to include a 
description of the controls to be installed to comply with the standard 
or other information required in Sec.  61.10(a).
    (b) If the total annual benzene quantity from facility waste is less 
than 1 Mg/yr (1.1 ton/yr), then the owner or operator shall submit to 
the Administrator a report that updates the information listed in 
paragraphs (a)(1) through (a)(3) of this section whenever there is a 
change in the process generating the waste stream that could cause the 
total annual benzene quantity from facility waste to increase to 1 Mg/yr 
(1.1 ton/yr) or more.
    (c) If the total annual benzene quantity from facility waste is less 
than 10 Mg/yr (11 ton/yr) but is equal to or greater than 1 Mg/yr (1.1 
ton/yr), then the owner or operator shall submit to the Administrator a 
report that updates the information listed in paragraphs (a)(1) through 
(a)(3) of this section. The report shall be submitted annually and 
whenever there is a change in the process generating the waste stream 
that could cause the total annual benzene quantity from facility waste 
to increase to 10 Mg/yr (11 ton/yr) or more. If the information in the 
annual report required by paragraphs (a)(1) through (a)(3) of this 
section is not changed in the following year, the

[[Page 231]]

owner or operator may submit a statement to that effect.
    (d) If the total annual benzene quantity from facility waste is 
equal to or greater than 10 Mg/yr (11 ton/yr), then the owner or 
operator shall submit to the Administrator the following reports:
    (1) Within 90 days after January 7, 1993, unless a waiver of 
compliance under Sec.  61.11 of this part is granted, or by the date of 
initial startup for a new source with an initial startup after the 
effective date, a certification that the equipment necessary to comply 
with these standards has been installed and that the required initial 
inspections or tests have been carried out in accordance with this 
subpart. If a waiver of compliance is granted under Sec.  61.11, the 
certification of equipment necessary to comply with these standards 
shall be submitted by the date the waiver of compliance expires.
    (2) Beginning on the date that the equipment necessary to comply 
with these standards has been certified in accordance with paragraph 
(d)(1) of this section, the owner or operator shall submit annually to 
the Administrator a report that updates the information listed in 
paragraphs (a)(1) through (a)(3) of this section. If the information in 
the annual report required by paragraphs (a)(1) through (a)(3) of this 
section is not changed in the following year, the owner or operator may 
submit a statement to that effect.
    (3) If an owner or operator elects to comply with the requirements 
of Sec.  61.342(c)(3)(ii), then the report required by paragraph (d)(2) 
of this section shall include a table identifying each waste stream 
chosen for exemption and the total annual benzene quantity in these 
exempted streams.
    (4) If an owner or operator elects to comply with the alternative 
requirements of Sec.  61.342(d) of this subpart, then he shall include 
in the report required by paragraph (d)(2) of this section a table 
presenting the following information for each process wastewater stream:
    (i) Whether or not the process wastewater stream is being controlled 
for benzene emissions in accordance with the requirements of this 
subpart;
    (ii) For each process wastewater stream identified as not being 
controlled for benzene emissions in accordance with the requirements of 
this subpart, the table shall report the following information for the 
process wastewater stream as determined at the point of waste 
generation: annual waste quantity, range of benzene concentrations, 
annual average flow-weighted benzene concentration, and annual benzene 
quantity;
    (iii) For each process wastewater stream identified as being 
controlled for benzene emissions in accordance with the requirements of 
this subpart, the table shall report the following information for the 
process wastewater stream as determined at the exit to the treatment 
process: Annual waste quantity, range of benzene concentrations, annual 
average flow-weighted benzene concentration, and annual benzene 
quantity.
    (5) If an owner or operator elects to comply with the alternative 
requirements of Sec.  61.342(e), then the report required by paragraph 
(d)(2) of this section shall include a table presenting the following 
information for each waste stream:
    (i) For each waste stream identified as not being controlled for 
benzene emissions in accordance with the requirements of this subpart; 
the table shall report the following information for the waste stream as 
determined at the point of waste generation: annual waste quantity, 
range of benzene concentrations, annual average flow-weighted benzene 
concentration, and annual benzene quantity;
    (ii) For each waste stream identified as being controlled for 
benzene emissions in accordance with the requirements of this subpart; 
the table shall report the following information for the waste stream as 
determined at the applicable location described in Sec.  61.355(k)(2): 
Annual waste quantity, range of benzene concentrations, annual average 
flow-weighted benzene concentration, and annual benzene quantity.
    (6) Beginning 3 months after the date that the equipment necessary 
to comply with these standards has been certified in accordance with 
paragraph

[[Page 232]]

(d)(1) of this section, the owner or operator shall submit quarterly to 
the Administrator a certification that all of the required inspections 
have been carried out in accordance with the requirements of this 
subpart.
    (7) Beginning 3 months after the date that the equipment necessary 
to comply with these standards has been certified in accordance with 
paragraph (d)(1) of this section, the owner or operator shall submit a 
report quarterly to the Administrator that includes:
    (i) If a treatment process or wastewater treatment system unit is 
monitored in accordance with Sec.  61.354(a)(1) of this subpart, then 
each period of operation during which the concentration of benzene in 
the monitored waste stream exiting the unit is equal to or greater than 
10 ppmw.
    (ii) If a treatment process or wastewater treatment system unit is 
monitored in accordance with Sec.  61.354(a)(2) of this subpart, then 
each 3-hour period of operation during which the average value of the 
monitored parameter is outside the range of acceptable values or during 
which the unit is not operating as designed.
    (iii) If a treatment process or wastewater treatment system unit is 
monitored in accordance with Sec.  61.354(b), then each period of 
operation during which the flow-weighted annual average concentration of 
benzene in the monitored waste stream entering the unit is equal to or 
greater than 10 ppmw and/or the total annual benzene quantity is equal 
to or greater than 1.0 mg/yr.
    (iv) For a control device monitored in accordance with Sec.  
61.354(c) of this subpart, each period of operation monitored during 
which any of the following conditions occur, as applicable to the 
control device:
    (A) Each 3-hour period of operation during which the average 
temperature of the gas stream in the combustion zone of a thermal vapor 
incinerator, as measured by the temperature monitoring device, is more 
than 28 [deg]C (50 [deg]F) below the design combustion zone temperature.
    (B) Each 3-hour period of operation during which the average 
temperature of the gas stream immediately before the catalyst bed of a 
catalytic vapor incinerator, as measured by the temperature monitoring 
device, is more than 28 [deg]C (50 [deg]F) below the design gas stream 
temperature, and any 3-hour period during which the average temperature 
difference across the catalyst bed (i.e., the difference between the 
temperatures of the gas stream immediately before and after the catalyst 
bed), as measured by the temperature monitoring device, is less than 80 
percent of the design temperature difference.
    (C) Each 3-hour period of operation during which the average 
temperature of the gas stream in the combustion zone of a boiler or 
process heater having a design heat input capacity less than 44 MW (150 
x 106 BTU/hr), as mesured by the temperature monitoring device, is more 
than 28 [deg]C (50 [deg]F) below the design combustion zone temperature.
    (D) Each 3-hour period of operation during which the average 
concentration of organics or the average concentration of benzene in the 
exhaust gases from a carbon adsorber, condenser, or other vapor recovery 
system is more than 20 percent greater than the design concentration 
level of organics or benzene in the exhaust gas.
    (E) Each 3-hour period of operation during which the temperature of 
the condenser exhaust vent stream is more than 6 [deg]C (11 [deg]F) 
above the design average exhaust vent stream temperature, or the 
temperature of the coolant fluid exiting the condenser is more than 6 
[deg]C (11 [deg]F) above the design average coolant fluid temperature at 
the condenser outlet.
    (F) Each period in which the pilot flame of a flare is absent.
    (G) Each occurrence when there is a change in the location at which 
the vent stream is introduced into the flame zone of a boiler or process 
heater as required by Sec.  61.349(a)(2)(i)(C) of this subpart.
    (H) Each occurrence when the carbon in a carbon adsorber system that 
is regenerated directly on site in the control device is not regenerated 
at the predetermined carbon bed regeneration time.
    (I) Each occurrence when the carbon in a carbon adsorber system that 
is not

[[Page 233]]

regenerated directly on site in the control device is not replaced at 
the predetermined interval specified in Sec.  61.354(c) of this subpart.
    (J) Each 3-hour period of operation during which the parameters 
monitored are outside the range of values specified in Sec.  
61.349(a)(2)(iv)(C), or any other periods specified by the Administrator 
for a control device subject to the requirements of Sec.  
61.349(a)(2)(iv).
    (v) For a cover and closed-vent system monitored in accordance with 
Sec.  61.354(g), the owner or operator shall submit a report quarterly 
to the Administrator that identifies any period in which the pressure in 
the waste management unit is equal to or greater than atmospheric 
pressure.
    (8) Beginning one year after the date that the equipment necessary 
to comply with these standards has been certified in accordance with 
paragraph (d)(1) of this section, the owner or operator shall submit 
annually to the Administrator a report that summarizes all inspections 
required by Sec. Sec.  61.342 through 61.354 during which detectable 
emissions are measured or a problem (such as a broken seal, gap or other 
problem) that could result in benzone emissions is identified, including 
information about the repairs or corrective action taken.
    (e) An owner or operator electing to comply with the provisions of 
Sec. Sec.  61.351 or 61.352 of this subpart shall notify the 
Administrator of the alternative standard selected in the report 
required under Sec.  61.07 or Sec.  61.10 of this part.
    (f) An owner or operator who elects to install and operate the 
control equipment in Sec.  61.351 of this subpart shall comply with the 
reporting requirements in 40 CFR 60.115b.
    (g) An owner or operator who elects to install and operate the 
control equipment in Sec.  61.352 of this subpart shall submit initial 
and quarterly reports that identify all seal gap measurements, as 
required in 40 CFR 60.693-2(a), that are outside the prescribed limits.

[55 FR 8346, Mar. 7, 1990; 55 FR 12444, Apr. 3, 1990, as amended at 55 
FR 37231, Sept. 10, 1990; 58 FR 3105, Jan. 7, 1993; 65 FR 62161, Oct. 
17, 2000]



Sec.  61.358  Delegation of authority.

    (a) In delegating implementation and enforcement authority to a 
State under section 112(d) of the Clean Air Act, the authorities 
contained in paragraph (b) of this section shall be retained by the 
Administrator and not transferred to a State.
    (b) Alternative means of emission limitation under Sec.  61.353 of 
this subpart will not be delegated to States.



Sec.  61.359  [Reserved]

[[Page 234]]



                       Sec. Appendix A to Part 61
[GRAPHIC] [TIFF OMITTED] TC01MY92.015


[[Page 235]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.016


[[Page 236]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.017


[[Page 237]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.018


[[Page 238]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.019


[[Page 239]]


[GRAPHIC] [TIFF OMITTED] TC01MY92.020

[GRAPHIC] [TIFF OMITTED] TC01MY92.021

                           II. Waiver Requests

    A. Waiver of Compliance. Owners or operators of sources unable to 
operate in compliance with the National Emission Standards for Hazardous 
Air Pollutants prior to 90 days after the effective date of any 
standards or

[[Page 240]]

amendments which require the submission of such information may request 
a waiver of compliance from the Administrator of the U.S. Environmental 
Protection Agency for the time period necessary to install appropriate 
control devices or make modifications to achieve compliance. The 
Administrator may grant a waiver of compliance with the standard for a 
period not exceeding two years from the effective date of the hazardous 
pollutant standards, if he finds that such period is necessary for the 
installation of controls and that steps will be taken during the period 
of the waiver to assure that the health of persons will be protected 
from imminent endangerment.

The report information provided in Section I must accompany this 
application. Applications should be sent to the appropriate EPA regional 
office.

    1. Processes Involved--Indicate the process or processes emitting 
hazardous pollutants to which emission controls are to be applied.
    2. Controls

    a. Describe the proposed type of control device to be added or 
modification to be made to the process to reduce the emission of 
hazardous pollutants to an acceptable level. (Use additional sheets if 
necessary.)
    b. Describe the measures that will be taken during the waiver period 
to assure that the health of persons will be protected from imminent 
endangerment. (Use additional sheets if necessary.)

    3. Increments of Progress--Specify the dates by which the following 
increments of progress will be met.

Date by which contracts for emission control systems or process 
modifications will be awarded; or date by which orders will be issued 
for the purchase of the component parts to accomplish emission control 
or process modification.
[GRAPHIC] [TIFF OMITTED] TC01MY92.022

    B. Waiver of Emission Tests. A waiver of emission testing may be 
granted to owners or operators of sources subject to emission testing 
if, in the judgment of the Administrator of the Environmental Protection 
Agency the emissions from the source comply with the appropriate 
standard or if the owners or operators of the source have requested a 
waiver of compliance or have been granted a waiver of compliance.

This application should accompany the report information provided in 
Section I.

    1. Reason--State the reasons for requesting a waiver of emission 
testing. If the reason stated is that the emissions from the source are 
within the prescribed limits, documentation of this condition must be 
attached.
________________________________________________________________________
________________________________________________________________________
Date____________________________________________________________________
Signature of the owner or operator______________________________________

(Sec. 114, of the Clean Air Act as amended (42 U.S.C. 7414))

[40 FR 48303, Oct. 14, 1975, as amended at 43 FR 8800, Mar. 3, 1978; 50 
FR 46295, Sept. 9, 1985]



                Sec. Appendix B to Part 61--Test Methods

Method 101--Determination of particulate and gaseous mercury emissions 
from chlor-alkali plants (air streams)

[[Page 241]]

Method 101A--Determination of particulate and gaseous mercury emissions 
from sewage sludge incinerators
Method 102--Determination of particulate and gaseous mercury emissions 
from chlor-alkali plants (hydrogen streams)
Method 103--Beryllium screening method
Method 104--Determination of beryllium emissions from stationary sources
Method 105--Determination of mercury in wastewater treatment plant 
sewage sludges
Method 106--Determination of vinyl chloride emissions from stationary 
sources
Method 107--Determination of vinyl chloride content of in-process 
wastewater samples, and vinyl chloride content of polyvinyl chloride 
resin slurry, wet cake, and latex samples
Method 107A--Determination of vinyl chloride content of solvents, resin-
solvent solution, polyvinyl chloride resin, resin slurry, wet resin, and 
latex samples
Method 108--Determination of particulate and gaseous arsenic emissions
Method 108A--Determination of arsenic content in ore samples from 
nonferrous smelters
Method 108B--Determination of arsenic content in ore samples from 
nonferrous smelters
Method 108C--Determination of arsenic content in ore samples from 
nonferrous smelters (molybdenum blue photometric procedure)
Method 111--Determination of Polonium--210 emissions from stationary 
sources
Method 114--Test Methods for Measuring Radionuclide Emissions From 
Stationary Sources
Method 115--Monitoring for Radon-222 Emissions

 Method 101--Determination of Particulate and Gaseous Mercury Emissions 
                 From Chlor-Alkali Plants (Air Streams)

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from methods in appendix A to 40 CFR part 60. Therefore, to obtain 
reliable results, persons using this method should have a thorough 
knowledge of at least the following additional test methods: Method 1, 
Method 2, Method 3, and Method 5.

                        1.0 Scope and Application

    1.1 Analytes.

------------------------------------------------------------------------
              Analyte                   CAS No.          Sensitivity
------------------------------------------------------------------------
Mercury (Hg)......................       7439-97-6  Dependent upon
                                                     recorder and
                                                     spectrophotometer.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable for the determination 
of Hg emissions, including both particulate and gaseous Hg, from chlor-
alkali plants and other sources (as specified in the regulations) where 
the carrier-gas stream in the duct or stack is principally air.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    Particulate and gaseous Hg emissions are withdrawn isokinetically 
from the source and collected in acidic iodine monochloride (ICl) 
solution. The Hg collected (in the mercuric form) is reduced to 
elemental Hg, which is then aerated from the solution into an optical 
cell and measured by atomic absorption spectrophotometry.

                       3.0 Definitions [Reserved]

                            4.0 Interferences

    4.1 Sample Collection. Sulfur dioxide (SO2) reduces ICl 
and causes premature depletion of the ICl solution.
    4.2 Sample Analysis.
    4.2.1 ICl concentrations greater than 10-4 molar inhibit 
the reduction of the Hg (II) ion in the aeration cell.
    4.2.2 Condensation of water vapor on the optical cell windows causes 
a positive interference.

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method does not purport to address 
all of the safety problems associated with its use. It is the 
responsibility of the user of this test method to establish appropriate 
safety and health practices and determine the applicability of 
regulatory limitations prior to performing this test method.
    5.2 Corrosive Reagents. The following reagents are hazardous. 
Personal protective equipment and safe procedures are useful in 
preventing chemical splashes. If contact occurs, immediately flush with 
copious amounts of water for at least 15 minutes. Remove clothing under 
shower and decontaminate. Treat residual chemical burn as thermal burn.

[[Page 242]]

    5.2.1 Hydrochloric Acid (HCl). Highly toxic and corrosive. Causes 
severe damage to tissues. Vapors are highly irritating to eyes, skin, 
nose, and lungs, causing severe damage. May cause bronchitis, pneumonia, 
or edema of lungs. Exposure to concentrations of 0.13 to 0.2 percent can 
be lethal to humans in a few minutes. Provide ventilation to limit 
exposure. Reacts with metals, producing hydrogen gas.
    5.2.2 Nitric Acid (HNO3). Highly corrosive to eyes, skin, 
nose, and lungs. Vapors cause bronchitis, pneumonia, or edema of lungs. 
Reaction to inhalation may be delayed as long as 30 hours and still be 
fatal. Provide ventilation to limit exposure. Strong oxidizer. Hazardous 
reaction may occur with organic materials such as solvents.
    5.2.3 Sulfuric Acid (H2SO4). Rapidly 
destructive to body tissue. Will cause third degree burns. Eye damage 
may result in blindness. Inhalation may be fatal from spasm of the 
larynx, usually within 30 minutes. 3 mg/m\3\ will cause lung damage. 1 
mg/m\3\ for 8 hours will cause lung damage or, in higher concentrations, 
death. Provide ventilation to limit inhalation. Reacts violently with 
metals and organics.

                       6.0 Equipment and Supplies.

    6.1 Sample Collection. A schematic of the sampling train used in 
performing this method is shown in Figure 101-1; it is similar to the 
Method 5 sampling train. The following items are required for sample 
collection:
    6.1.1 Probe Nozzle, Pitot Tube, Differential Pressure Gauge, 
Metering System, Barometer, and Gas Density Determination Equipment. 
Same as Method 5, Sections 6.1.1.1, 6.1.1.3, 6.1.1.4, 6.1.1.9, 6.1.2, 
and 6.1.3, respectively.
    6.1.2 Probe Liner. Borosilicate or quartz glass tubing. A heating 
system capable of maintaining a gas temperature of 120 14 [deg]C (248 25 [deg]F) at the 
probe exit during sampling may be used to prevent water condensation.

    Note: Do not use metal probe liners.

    6.1.3 Impingers. Four Greenburg-Smith impingers connected in series 
with leak-free ground glass fittings or any similar leak-free 
noncontaminating fittings. For the first, third, and fourth impingers, 
impingers that are modified by replacing the tip with a 13-mm ID (0.5-
in.) glass tube extending to 13 mm (0.5 in.) from the bottom of the 
flask may be used.
    6.1.4 Acid Trap. Mine Safety Appliances air line filter, Catalog 
number 81857, with acid absorbing cartridge and suitable connections, or 
equivalent.
    6.2 Sample Recovery. The following items are needed for sample 
recovery:
    6.2.1 Glass Sample Bottles. Leakless, with Teflon-lined caps, 1000- 
and 100-ml.
    6.2.2 Graduated Cylinder. 250-ml.
    6.2.3 Funnel and Rubber Policeman. To aid in transfer of silica gel 
to container; not necessary if silica gel is weighed in the field.
    6.2.4 Funnel. Glass, to aid in sample recovery.
    6.3 Sample Preparation and Analysis. The following items are needed 
for sample preparation and analysis:
    6.3.1 Atomic Absorption Spectrophotometer. Perkin-Elmer 303, or 
equivalent, containing a hollow-cathode mercury lamp and the optical 
cell described in Section 6.3.2.
    6.3.2 Optical Cell. Cylindrical shape with quartz end windows and 
having the dimensions shown in Figure 101-2. Wind the cell with 
approximately 2 meters (6 ft) of 24-gauge Nichrome wire, or equivalent, 
and wrap with fiberglass insulation tape, or equivalent; do not let the 
wires touch each other.
    6.3.3 Aeration Cell. Constructed according to the specifications in 
Figure 101-3. Do not use a glass frit as a substitute for the blown 
glass bubbler tip shown in Figure 101-3.
    6.3.4 Recorder. Matched to output of the spectrophotometer described 
in Section 6.3.1.
    6.3.5 Variable Transformer. To vary the voltage on the optical cell 
from 0 to 40 volts.
    6.3.6 Hood. For venting optical cell exhaust.
    6.3.7 Flow Metering Valve.
    6.3.8 Rate Meter. Rotameter, or equivalent, capable of measuring to 
within 2 percent a gas flow of 1.5 liters/min (0.053 cfm).
    6.3.9 Aeration Gas Cylinder. Nitrogen or dry, Hg-free air, equipped 
with a single-stage regulator.
    6.3.10 Tubing. For making connections. Use glass tubing (ungreased 
ball and socket connections are recommended) for all tubing connections 
between the solution cell and the optical cell; do not use Tygon tubing, 
other types of flexible tubing, or metal tubing as substitutes. Teflon, 
steel, or copper tubing may be used between the nitrogen tank and flow 
metering valve (Section 6.3.7), and Tygon, gum, or rubber tubing between 
the flow metering valve and the aeration cell.
    6.3.11 Flow Rate Calibration Equipment. Bubble flow meter or wet-
test meter for measuring a gas flow rate of 1.5 0.1 liters/min (0.053 0.0035 cfm).
    6.3.12 Volumetric Flasks. Class A with penny head standard taper 
stoppers; 100-, 250-, 500-, and 1000-ml.
    6.3.13 Volumetric Pipets. Class A; 1-, 2-, 3-, 4-, and 5-ml.
    6.3.14 Graduated Cylinder. 50-ml.
    6.3.15 Magnetic Stirrer. General-purpose laboratory type.
    6.3.16 Magnetic Stirring Bar. Teflon-coated.
    6.3.17 Balance. Capable of weighing to 0.5 g.

[[Page 243]]

    6.3.18 Alternative Analytical Apparatus. Alternative systems are 
allowable as long as they meet the following criteria:
    6.3.18.1 A linear calibration curve is generated and two consecutive 
samples of the same aliquot size and concentration agree within 3 
percent of their average.
    6.3.18.2 A minimum of 95 percent of the spike is recovered when an 
aliquot of a source sample is spiked with a known concentration of Hg 
(II) compound.
    6.3.18.3 The reducing agent should be added after the aeration cell 
is closed.
    6.3.18.4 The aeration bottle bubbler should not contain a frit.
    6.3.18.5 Any Tygon tubing used should be as short as possible and 
conditioned prior to use until blanks and standards yield linear and 
reproducible results.
    6.3.18.6 If manual stirring is done before aeration, it should be 
done with the aeration cell closed.
    6.3.18.7 A drying tube should not be used unless it is conditioned 
as the Tygon tubing above.

                       7.0 Reagents and Standards

    Unless otherwise indicated, all reagents must conform to the 
specifications established by the Committee on Analytical Reagents of 
the American Chemical Society; where such specifications are not 
available, use the best available grade.
    7.1 Sample Collection. The following reagents are required for 
sample collection:
    7.1.1 Water. Deionized distilled, to conform to ASTM D 1193-77 or 91 
(incorporated by reference--see Sec.  61.18), Type 1. If high 
concentrations of organic matter are not expected to be present, the 
analyst may eliminate the KMnO4 test for oxidizable organic 
matter. Use this water in all dilutions and solution preparations.
    7.1.2 Nitric Acid, 50 Percent (v/v). Mix equal volumes of 
concentrated HNO3 and water, being careful to add the acid to 
the water slowly.
    7.1.3 Silica Gel. Indicating type, 6- to 16-mesh. If previously 
used, dry at 175 [deg]C (350 [deg]F) for 2 hours. The tester may use new 
silica gel as received.
    7.1.4 Potassium Iodide (KI) Solution, 25 Percent. Dissolve 250 g of 
KI in water, and dilute to 1 liter.
    7.1.5 Iodine Monochloride Stock Solution, 1.0 M. To 800 ml of 25 
percent KI solution, add 800 ml of concentrated HCl. Cool to room 
temperature. With vigorous stirring, slowly add 135 g of potassium 
iodate (KIO3), and stir until all free iodine has dissolved. 
A clear orange-red solution occurs when all the KIO3 has been 
added. Cool to room temperature, and dilute to 1800 ml with water. Keep 
the solution in amber glass bottles to prevent degradation.
    7.1.6 Absorbing Solution, 0.1 M ICl. Dilute 100 ml of the 1.0 M ICl 
stock solution to 1 liter with water. Keep the solution in amber glass 
bottles and in darkness to prevent degradation. This reagent is stable 
for at least two months.
    7.2 Sample Preparation and Analysis. The following reagents and 
standards are required for sample preparation and analysis:
    7.2.1 Reagents.
    7.2.1.1 Tin (II) Solution. Prepare fresh daily, and keep sealed when 
not being used. Completely dissolve 20 g of tin (II) chloride (or 25 g 
of tin (II) sulfate) crystals (Baker Analyzed reagent grade or any other 
brand that will give a clear solution) in 25 ml of concentrated HCl. 
Dilute to 250 ml with water. Do not substitute HNO3, 
H2SO4, or other strong acids for the HCl.
    7.2.1.2 Sulfuric Acid, 5 Percent (v/v). Dilute 25 ml of concentrated 
H2SO4 to 500 ml with water.
    7.2.2 Standards
    7.2.2.1 Hg Stock Solution, 1 mg Hg/ml. Prepare and store all Hg 
standard solutions in borosilicate glass containers. Completely dissolve 
0.1354 g of Hg (II) chloride in 75 ml of water in a 100-ml glass 
volumetric flask. Add 10 ml of concentrated HNO3, and adjust 
the volume to exactly 100 ml with water. Mix thoroughly. This solution 
is stable for at least one month.
    7.2.2.2 Intermediate Hg Standard Solution, 10 [micro]g Hg/ml. 
Prepare fresh weekly. Pipet 5.0 ml of the Hg stock solution (Section 
7.2.2.1) into a 500-ml glass volumetric flask, and add 20 ml of the 5 
percent H2SO4 solution. Dilute to exactly 500 ml 
with water. Thoroughly mix the solution.
    7.2.2.3 Working Hg Standard Solution, 200 ng Hg/ml. Prepare fresh 
daily. Pipet 5.0 ml of the intermediate Hg standard solution (Section 
7.2.2.2) into a 250-ml volumetric glass flask. Add 10 ml of the 5 
percent H2SO4 and 2 ml of the 0.1 M ICl absorbing 
solution taken as a blank (Section 8.7.4.3), and dilute to 250 ml with 
water. Mix thoroughly.

       8.0 Sample Collection, Preservation, Transport, and Storage

    Because of the complexity of this method, testers should be trained 
and experienced with the test procedures to ensure reliable results. 
Since the amount of Hg that is collected generally is small, the method 
must be carefully applied to prevent contamination or loss of sample.
    8.1 Pretest Preparation. Follow the general procedure outlined in 
Method 5, Section 8.1, except omit Sections 8.1.2 and 8.1.3.
    8.2 Preliminary Determinations. Follow the general procedure 
outlined in Method 5, Section 8.2, with the exception of the following:
    8.2.1 Select a nozzle size based on the range of velocity heads to 
assure that it is not necessary to change the nozzle size in order to 
maintain isokinetic sampling rates below 28 liters/min (1.0 cfm).

[[Page 244]]

    8.2.2 Perform test runs such that samples are obtained over a period 
or periods that accurately determine the maximum emissions that occur in 
a 24-hour period. In the case of cyclic operations, run sufficient tests 
for the accurate determination of the emissions that occur over the 
duration of the cycle. A minimum sample time of 2 hours is recommended. 
In some instances, high Hg or high SO2 concentrations make it 
impossible to sample for the desired minimum time. This is indicated by 
reddening (liberation of free iodine) in the first impinger. In these 
cases, the sample run may be divided into two or more subruns to ensure 
that the absorbing solution is not depleted.
    8.3 Preparation of Sampling Train.
    8.3.1 Clean all glassware (probe, impingers, and connectors) by 
rinsing with 50 percent HNO3, tap water, 0.1 M ICl, tap 
water, and finally deionized distilled water. Place 100 ml of 0.1 M ICl 
in each of the first three impingers. Take care to prevent the absorbing 
solution from contacting any greased surfaces. Place approximately 200 g 
of preweighed silica gel in the fourth impinger. More silica gel may be 
used, but care should be taken to ensure that it is not entrained and 
carried out from the impinger during sampling. Place the silica gel 
container in a clean place for later use in the sample recovery. 
Alternatively, determine and record the weight of the silica gel plus 
impinger to the nearest 0.5 g.
    8.3.2 Install the selected nozzle using a Viton A O-ring when stack 
temperatures are less than 260 [deg]C (500 [deg]F). Use a fiberglass 
string gasket if temperatures are higher. See APTD-0576 (Reference 3 in 
Method 5) for details. Other connecting systems using either 316 
stainless steel or Teflon ferrules may be used. Mark the probe with 
heat-resistant tape or by some other method to denote the proper 
distance into the stack or duct for each sampling point.
    8.3.3 Assemble the train as shown in Figure 101-1, using (if 
necessary) a very light coat of silicone grease on all ground glass 
joints. Grease only the outer portion (see APTD-0576) to avoid the 
possibility of contamination by the silicone grease.

    Note: An empty impinger may be inserted between the third impinger 
and the silica gel to remove excess moisture from the sample stream.

    8.3.4 After the sampling train has been assembled, turn on and set 
the probe heating system, if applicable, at the desired operating 
temperature. Allow time for the temperatures to stabilize. Place crushed 
ice around the impingers.
    8.4 Leak-Check Procedures. Follow the leak-check procedures outlined 
in Method 5, Section 8.4.
    8.5 Sampling Train Operation. Follow the general procedure outlined 
in Method 5, Section 8.5. For each run, record the data required on a 
data sheet such as the one shown in Figure 101-4.
    8.6 Calculation of Percent Isokinetic. Same as Method 5, Section 
8.6.
    8.7 Sample Recovery. Begin proper cleanup procedure as soon as the 
probe is removed from the stack at the end of the sampling period.
    8.7.1 Allow the probe to cool. When it can be safely handled, wipe 
off any external particulate matter near the tip of the probe nozzle, 
and place a cap over it. Do not cap off the probe tip tightly while the 
sampling train is cooling. Capping would create a vacuum and draw liquid 
out from the impingers.
    8.7.2 Before moving the sampling train to the cleanup site, remove 
the probe from the train, wipe off the silicone grease, and cap the open 
outlet of the probe. Be careful not to lose any condensate that might be 
present. Wipe off the silicone grease from the impinger. Use either 
ground-glass stoppers, plastic caps, or serum caps to close these 
openings.
    8.7.3 Transfer the probe and impinger assembly to a cleanup area 
that is clean, protected from the wind, and free of Hg contamination. 
The ambient air in laboratories located in the immediate vicinity of Hg-
using facilities is not normally free of Hg contamination.
    8.7.4 Inspect the train before and during disassembly, and note any 
abnormal conditions. Treat the samples as follows.
    8.7.4.1 Container No. 1 (Impingers and Probe).
    8.7.4.1.1 Using a graduated cylinder, measure the liquid in the 
first three impingers to within 1 ml. Record the volume of liquid 
present (e.g., see Figure 5-6 of Method 5). This information is needed 
to calculate the moisture content of the effluent gas. (Use only glass 
storage bottles and graduated cylinders that have been precleaned as in 
Section 8.3.1) Place the contents of the first three impingers into a 
1000-ml glass sample bottle.
    8.7.4.1.2 Taking care that dust on the outside of the probe or other 
exterior surfaces does not get into the sample, quantitatively recover 
the Hg (and any condensate) from the probe nozzle, probe fitting, and 
probe liner as follows: Rinse these components with two 50-ml portions 
of 0.1 M ICl. Next, rinse the probe nozzle, fitting and liner, and each 
piece of connecting glassware between the probe liner and the back half 
of the third impinger with a maximum of 400 ml of water. Add all 
washings to the 1000-ml glass sample bottle containing the liquid from 
the first three impingers.
    8.7.4.1.3 After all washings have been collected in the sample 
container, tighten the lid on the container to prevent leakage during 
shipment to the laboratory. Mark the height of the liquid to determine 
later

[[Page 245]]

whether leakage occurred during transport. Label the container to 
identify clearly its contents.
    8.7.4.2 Container No. 2 (Silica Gel). Same as Method 5, Section 
8.7.6.3.
    8.7.4.3 Container No. 3 (Absorbing Solution Blank). Place 50 ml of 
the 0.1 M ICl absorbing solution in a 100-ml sample bottle. Seal the 
container. Use this blank to prepare the working Hg standard solution 
(Section 7.2.2.3).

                           9.0 Quality Control

    9.1 Miscellaneous Quality Control Measures.

------------------------------------------------------------------------
                                 Quality control
            Section                  measure               Effect
------------------------------------------------------------------------
8.4 10.2......................  Sampling           Ensure accuracy and
                                 equipment leak-    precision of
                                 checks and         sampling
                                 calibration.       measurements.
10.5, 10.6....................  Spectrophotometer  Ensure linearity of
                                 calibration.       spectrophotometer
                                                    response to
                                                    standards.
11.3.3........................  Check for matrix   Eliminate matrix
                                 effects.           effects.
------------------------------------------------------------------------

    9.2 Volume Metering System Checks. Same as Method 5, Section 9.2.

                  10.0 Calibration and Standardizations

    Note: Maintain a laboratory log of all calibrations.
    10.1 Before use, clean all glassware, both new and used, as follows: 
brush with soap and tap water, liberally rinse with tap water, soak for 
1 hour in 50 percent HNO3, and then rinse with deionized 
distilled water.
    10.2 Sampling Equipment. Calibrate the sampling equipment according 
to the procedures outlined in the following sections of Method 5: 
Section 10.1 (Probe Nozzle), Section 10.2 (Pitot Tube Assembly), Section 
10.3 (Metering System), Section 10.5 (Temperature Sensors), Section 10.6 
(Barometer).
    10.3 Aeration System Flow Rate Meter. Assemble the aeration system 
as shown in Figure 101-5. Set the outlet pressure on the aeration gas 
cylinder regulator to a minimum pressure of 500 mm Hg (10 psi), and use 
the flow metering valve and a bubble flowmeter or wet-test meter to 
obtain a flow rate of 1.5 0.1 liters/min (0.053 
0.0035 cfm) through the aeration cell. After the 
calibration of the aeration system flow rate meter is complete, remove 
the bubble flowmeter from the system.
    10.4 Optical Cell Heating System. Using a 50-ml graduated cylinder, 
add 50 ml of water to the bottle section of the aeration cell, and 
attach the bottle section to the bubbler section of the cell. Attach the 
aeration cell to the optical cell and while aerating at 1.5 0.1 liters/min (0.053 0.0035 cfm), 
determine the minimum variable transformer setting necessary to prevent 
condensation of moisture in the optical cell and in the connecting 
tubing. (This setting should not exceed 20 volts.)
    10.5 Spectrophotometer and Recorder.
    10.5.1 The Hg response may be measured by either peak height or peak 
area.

    Note: The temperature of the solution affects the rate at which 
elemental Hg is released from a solution and, consequently, it affects 
the shape of the absorption curve (area) and the point of maximum 
absorbance (peak height). Therefore, to obtain reproducible results, 
bring all solutions to room temperature before use.

    10.5.2 Set the spectrophotometer wavelength at 253.7 nm, and make 
certain the optical cell is at the minimum temperature that will prevent 
water condensation. Then set the recorder scale as follows: Using a 50-
ml graduated cylinder, add 50 ml of water to the aeration cell bottle. 
Add three drops of Antifoam B to the bottle, and then pipet 5.0 ml of 
the working Hg standard solution into the aeration cell.

    Note: Always add the Hg-containing solution to the aeration cell 
after the 50 ml of water.

    10.5.3 Place a Teflon-coated stirring bar in the bottle. Before 
attaching the bottle section to the bubbler section of the aeration 
cell, make certain that (1) the aeration cell exit arm stopcock (Figure 
101-3) is closed (so that Hg will not prematurely enter the optical cell 
when the reducing agent is being added) and (2) there is no flow through 
the bubbler. If conditions (1) and (2) are met, attach the bottle 
section to the bubbler section of the aeration cell. Pipet 5 ml of tin 
(II) reducing solution into the aeration cell through the side arm, and 
immediately stopper the side arm. Stir the solution for 15 seconds, turn 
on the recorder, open the aeration cell exit arm stopcock, and 
immediately initiate aeration with continued stirring. Determine the 
maximum absorbance of the standard, and set this value to read 90 
percent of the recorder full scale.
    10.6 Calibration Curve.
    10.6.1 After setting the recorder scale, repeat the procedure in 
Section 10.5 using 0.0-, 1.0-, 2.0-, 3.0-, 4.0-, and 5.0-ml aliquots of 
the working standard solution (final amount of Hg in the aeration cell 
is 0, 200, 400, 600, 800, and 1000 ng, respectively). Repeat this 
procedure on each aliquot size until two consecutive peaks agree within 
3 percent of their average value.

    Note: To prevent Hg carryover from one sample to another, do not 
close the aeration

[[Page 246]]

cell from the optical cell until the recorder pen has returned to the 
baseline.)

    10.6.2 It should not be necessary to disconnect the aeration gas 
inlet line from the aeration cell when changing samples. After 
separating the bottle and bubbler sections of the aeration cell, place 
the bubbler section into a 600-ml beaker containing approximately 400 ml 
of water. Rinse the bottle section of the aeration cell with a stream of 
water to remove all traces of the tin (II) reducing agent. Also, to 
prevent the loss of Hg before aeration, remove all traces of the 
reducing agent between samples by washing with water. It will be 
necessary, however, to wash the aeration cell parts with concentrated 
HCl if any of the following conditions occur: (1) A white film appears 
on any inside surface of the aeration cell, (2) the calibration curve 
changes suddenly, or (3) the replicate samples do not yield reproducible 
results.
    10.6.3 Subtract the average peak height (or peak area) of the blank 
(0.0-ml aliquot)--which must be less than 2 percent of recorder full 
scale--from the averaged peak heights of the 1.0-, 2.0-, 3.0-, 4.0-, and 
5.0-ml aliquot standards. If the blank absorbance is greater than 2 
percent of full-scale, the probable cause is Hg contamination of a 
reagent or carry-over of Hg from a previous sample. Prepare the 
calibration curve by plotting the corrected peak height of each standard 
solution versus the corresponding final total Hg weight in the aeration 
cell (in ng), and draw the best fit straight line. This line should 
either pass through the origin or pass through a point no further from 
the origin than 2 percent of the recorder full 
scale. If the line does not pass through or very near to the origin, 
check for nonlinearity of the curve and for incorrectly prepared 
standards.

                        11.0 Analytical Procedure

    11.1 Sample Loss Check. Check the liquid level in each container to 
see whether liquid was lost during transport. If a noticeable amount of 
leakage occurred, either void the sample or use methods subject to the 
approval of the Administrator to account for the losses.
    11.2 Sample Preparation. Treat each sample as follows:
    11.2.1 Container No. 1 (Impingers and Probe). Carefully transfer the 
contents of Container No. 1 into a 1000-ml volumetric flask, and adjust 
the volume to exactly 1000 ml with water.
    11.2.2 Dilutions. Pipet a 2-ml aliquot from the diluted sample from 
Section 11.2.1 into a 250-ml volumetric flask. Add 10 ml of 5 percent 
H2SO4, and adjust the volume to exactly 250 ml 
with water. This solution is stable for at least 72 hours.

    Note: The dilution factor will be 250/2 for this solution.

    11.3 Analysis. Calibrate the analytical equipment and develop a 
calibration curve as outlined in Sections 10.3 through 10.6.
    11.3.1 Mercury Samples. Repeat the procedure used to establish the 
calibration curve with an appropriately sized aliquot (1 to 5 ml) of the 
diluted sample (from Section 11.2.2) until two consecutive peak heights 
agree within 3 percent of their average value. The peak maximum of an 
aliquot (except the 5-ml aliquot) must be greater than 10 percent of the 
recorder full scale. If the peak maximum of a 1.0-ml aliquot is off 
scale on the recorder, further dilute the original source sample to 
bring the Hg concentration into the calibration range of the 
spectrophotometer.
    11.3.2 Run a blank and standard at least after every five samples to 
check the spectrophotometer calibration. The peak height of the blank 
must pass through a point no further from the origin than 2 percent of the recorder full scale. The difference 
between the measured concentration of the standard (the product of the 
corrected peak height and the reciprocal of the least squares slope) and 
the actual concentration of the standard must be less than 7 percent, or 
recalibration of the analyzer is required.
    11.3.3 Check for Matrix Effects (optional). Use the Method of 
Standard Additions as follows to check at least one sample from each 
source for matrix effects on the Hg results. The Method of Standard 
Additions procedures described on pages 9-4 and 9-5 of the section 
entitled ``General Information'' of the Perkin Elmer Corporation Atomic 
Absorption Spectrophotometry Manual, Number 303-0152 (Reference 16 in 
Section 16.0) are recommended. If the results of the Method of Standard 
Additions procedure used on the single source sample do not agree to 
within 5 percent of the value obtained by the 
routine atomic absorption analysis, then reanalyze all samples from the 
source using the Method of Standard Additions procedure.
    11.4 Container No. 2 (Silica Gel). Weigh the spent silica gel (or 
silica gel plus impinger) to the nearest 0.5 g using a balance. (This 
step may be conducted in the field.)

                   12.0 Data Analysis and Calculations

    Carry out calculations, retaining at least one extra decimal 
significant figure beyond that of the acquired data. Round off figures 
only after the final calculation. Other forms of the equations may be 
used as long as they give equivalent results.
    12.1 Average Dry Gas Meter Temperature and Average Orifice Pressure 
Drop, Dry Gas Volume, Volume of Water Vapor Condensed, Moisture Content, 
and Isokinetic Variation. Same as Method 5, Sections 12.2 through 12.5 
and 12.11, respectively.
    12.2 Stack Gas Velocity. Using the data from this test and Equation 
2-9 of Method 2, calculate the average stack gas velocity vs.

[[Page 247]]

    12.3 Total Mercury.
    12.3.1 For each source sample, correct the average maximum 
absorbance of the two consecutive samples whose peak heights agree 
within 3 percent of their average for the contribution of the solution 
blank (see Section 10.6.3). Use the calibration curve and these 
corrected averages to determine the final total weight of Hg in ng in 
the aeration cell for each source sample.
    12.3.2 Correct for any dilutions made to bring the sample into the 
working range of the spectrophotometer. Then calculate the Hg in the 
original solution, mHg, as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.491

Where:

CHg(AC) = Total ng of Hg in aliquot analyzed (reagent blank 
          subtracted).
DF = Dilution factor for the Hg-containing solution (before adding to 
          the aeration cell; e.g., DF = 250/2 if the source samples were 
          diluted as described in Section 11.2.2).
Vf = Solution volume of original sample, 1000 ml for samples 
          diluted as described in Section 11.2.1.
10-3 = Conversion factor, [micro]g/ng.
S = Aliquot volume added to aeration cell, ml.

    12.4 Mercury Emission Rate. Calculate the daily Hg emission rate, R, 
using Equation 101-2. For continuous operations, the operating time is 
equal to 86,400 seconds per day. For cyclic operations, use only the 
time per day each stack is in operation. The total Hg emission rate from 
a source will be the summation of results from all stacks.
[GRAPHIC] [TIFF OMITTED] TR17OC00.492

Where:

K1 = 0.3858 [deg]K/mm Hg for metric units.
K1 = 17.64 [deg]R/in. Hg for English units.
K3 = 10-6 g/[micro]g for metric units.
     = 2.2046 `` x 10-9 lb/[micro]g for English units.
Ps = Absolute stack gas pressure, mm Hg (in. Hg).
t = Daily operating time, sec/day.
Ts = Absolute average stack gas temperature, [deg]K ([deg]R).
Vm(std) = Dry gas sample volume at standard conditions, scm 
          (scf).
Vw(std) = Volume of water vapor at standard conditions, scm 
          (scf).

    12.5 Determination of Compliance. Each performance test consists of 
three repetitions of the applicable test method. For the purpose of 
determining compliance with an applicable national emission standard, 
use the average of the results of all repetitions.

                         13.0 Method Performance

    The following estimates are based on collaborative tests, wherein 13 
laboratories performed duplicate analyses on two Hg-containing samples 
from a chlor-alkali plant and on one laboratory-prepared sample of known 
Hg concentration. The sample concentrations ranged from 2 to 65 [micro]g 
Hg/ml.
    13.1 Precision. The estimated intra-laboratory and inter-laboratory 
standard deviations are 1.6 and 1.8 [micro]g Hg/ml, respectively.
    13.2 Accuracy. The participating laboratories that analyzed a 64.3 
[micro]g Hg/ml (in 0.1 M ICl) standard obtained a mean of 63.7 [micro]g 
Hg/ml.
    13.3 Analytical Range. After initial dilution, the range of this 
method is 0.5 to 120 [micro]g Hg/ml. The upper limit can be extended by 
further dilution of the sample.

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                       16.0 Alternative Procedures

    16.1 Alternative Analyzer. Samples may also be analyzed by cold 
vapor atomic fluorescence spectrometry.

                             17.0 References

    Same as Method 5, Section 17.0, References 1-3, 5, and 6, with the 
addition of the following:
    1. Determining Dust Concentration in a Gas Stream. ASME Performance 
Test Code No. 27. New York, NY. 1957.

[[Page 248]]

    2. DeVorkin, Howard, et al. Air Pollution Source Testing Manual. Air 
Pollution Control District. Los Angeles, CA. November 1963.
    3. Hatch, W.R., and W.I. Ott. Determination of Sub-Microgram 
Quantities of Mercury by Atomic Absorption Spectrophotometry. Anal. 
Chem. 40:2085-87. 1968.
    4. Mark, L.S. Mechanical Engineers' Handbook. McGraw-Hill Book Co., 
Inc. New York, NY. 1951.
    5. Western Precipitation Division of Joy Manufacturing Co. Methods 
for Determination of Velocity, Volume, Dust and Mist Content of Gases. 
Bulletin WP-50. Los Angeles, CA. 1968.
    6. Perry, J.H. Chemical Engineers' Handbook. McGraw-Hill Book Co., 
Inc. New York, NY. 1960.
    7. Shigehara, R.T., W.F. Todd, and W.S. Smith. Significance of 
Errors in Stack Sampling Measurements. Stack Sampling News. 1(3):6-18. 
September 1973.
    8. Smith, W.S., R.T. Shigehara, and W.F. Todd. A Method of 
Interpreting Stack Sampling Data. Stack Sampling News. 1(2):8-17. August 
1973.
    9. Standard Method for Sampling Stacks for Particulate Matter. In: 
1971 Annual Book of ASTM Standards, Part 23. ASTM Designation D 2928-71. 
Philadelphia, PA 1971.
    10. Vennard, J.K. Elementary Fluid Mechanics. John Wiley and Sons, 
Inc. New York. 1947.
    11. Mitchell, W.J. and M.R. Midgett. Improved Procedure for 
Determining Mercury Emissions from Mercury Cell Chlor-Alkali Plants. J. 
APCA. 26:674-677. July 1976.
    12. Shigehara, R.T. Adjustments in the EPA Nomograph for Different 
Pitot Tube Coefficients and Dry Molecular Weights. Stack Sampling News. 
2:4-11. October 1974.
    13. Vollaro, R.F. Recommended Procedure for Sample Traverses in 
Ducts Smaller than 12 Inches in Diameter. U.S. Environmental Protection 
Agency, Emission Measurement Branch. Research Triangle Park, NC. 
November 1976.
    14. Klein, R. and C. Hach. Standard Additions: Uses and Limitation 
in Spectrophotometric Measurements. Amer. Lab. 9:21. 1977.
    15. Perkin Elmer Corporation. Analytical Methods for Atomic 
Absorption Spectrophotometry. Norwalk, Connecticut. September 1976.

         18.0 Tables, Diagrams, Flowcharts, and Validation Data

[[Page 249]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.493


[[Page 250]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.494


[[Page 251]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.495


[[Page 252]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.496


[[Page 253]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.497

Method 101A--Determination of Particulate and Gaseous Mercury Emissions 
                     From Sewage Sludge Incinerators

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from methods in appendix A to 40 CFR part 60 and in this part. 
Therefore, to obtain reliable results, persons using this method should 
also have a thorough knowledge of at least the following additional test 
methods: Methods 1, Method 2, Method 3, and Method 5 of part 60 
(appendix A), and Method 101 part 61 (appendix B).

                        1.0 Scope and Application

    1.1 Analytes.

[[Page 254]]



------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Mercury (Hg)...................       7439-97-6   Dependent upon
                                                   spectrophotometer and
                                                   recorder.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable for the determination 
of Hg emissions from sewage sludge incinerators and other sources as 
specified in an applicable subpart of the regulations.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    2.1 Particulate and gaseous Hg emissions are withdrawn 
isokinetically from the source and are collected in acidic potassium 
permanganate (KMnO4) solution. The Hg collected (in the 
mercuric form) is reduced to elemental Hg, which is then aerated from 
the solution into an optical cell and measured by atomic absorption 
spectrophotometry.

                       3.0 Definitions. [Reserved]

                            4.0 Interferences

    4.1 Sample Collection. Excessive oxidizable organic matter in the 
stack gas prematurely depletes the KMnO4 solution and thereby 
prevents further collection of Hg.
    4.2 Analysis. Condensation of water vapor on the optical cell 
windows causes a positive interference.

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user of this test method to establish appropriate safety and health 
practices and determine the applicability of regulatory limitations 
prior to performing this test method.
    5.2 Corrosive Reagents. The following reagents are hazardous. 
Personal protective equipment and safe procedures are useful in 
preventing chemical splashes. If contact occurs, immediately flush with 
copious amounts of water for at least 15 minutes. Remove clothing under 
shower and decontaminate. Treat residual chemical burns as thermal 
burns.
    5.2.1 Hydrochloric Acid (HCl). Highly toxic. Vapors are highly 
irritating to eyes, skin, nose, and lungs, causing severe damage. May 
cause bronchitis, pneumonia, or edema of lungs. Exposure to 
concentrations of 0.13 to 0.2 percent can be lethal to humans in a few 
minutes. Provide ventilation to limit exposure. Reacts with metals, 
producing hydrogen gas.
    5.2.2 Nitric Acid (HNO3). Highly corrosive to eyes, skin, 
nose, and lungs. Vapors cause bronchitis, pneumonia, or edema of lungs. 
Reaction to inhalation may be delayed as long as 30 hours and still be 
fatal. Provide ventilation to limit exposure. Strong oxidizer. Hazardous 
reaction may occur with organic materials such as solvents.
    5.2.3 Sulfuric acid (H2SO4). Rapidly 
destructive to body tissue. Will cause third degree burns. Eye damage 
may result in blindness. Inhalation may be fatal from spasm of the 
larynx, usually within 30 minutes. May cause lung tissue damage with 
edema. 3 mg/m\3\ will cause lung damage in uninitiated. 1 mg/m\3\ for 8 
hours will cause lung damage or, in higher concentrations, death. 
Provide ventilation to limit inhalation. Reacts violently with metals 
and organics.
    5.3 Chlorine Evolution. Hydrochloric acid reacts with 
KMnO4 to liberate chlorine gas. Although this is a minimal 
concern when small quantities of HCl (5-10 ml) are used in the impinger 
rinse, a potential safety hazard may still exist. At sources that emit 
higher concentrations of oxidizable materials (e.g., power plants), more 
HCl may be required to remove the larger amounts of brown deposit formed 
in the impingers. In such cases, the potential safety hazards due to 
sample container pressurization are greater, because of the larger 
volume of HCl rinse added to the recovered sample. These hazards are 
eliminated by storing and analyzing the HCl impinger wash separately 
from the permanganate impinger sample.

                       6.0 Equipment and Supplies

    6.1 Sample Collection and Sample Recovery. Same as Method 101, 
Sections 6.1 and 6.2, respectively, with the following exceptions:
    6.1.1 Probe Liner. Same as in Method 101, Section 6.1.2, except that 
if a filter is used ahead of the impingers, the probe heating system 
must be used to minimize the condensation of gaseous Hg.
    6.1.2 Filter Holder (Optional). Borosilicate glass with a rigid 
stainless-steel wire-screen filter support (do not use glass frit 
supports) and a silicone rubber or Teflon gasket, designed to provide a 
positive seal against leakage from outside or around the filter. The 
filter holder must be equipped with a filter heating system capable of 
maintaining a temperature around the filter holder of 120 14 [deg]C (248 25 [deg]F) during 
sampling to minimize both water and gaseous Hg condensation. A filter 
may also be used in cases where the stream contains large quantities of 
particulate matter.
    6.2 Sample Analysis. Same as Method 101, Section 6.3, with the 
following additions and exceptions:

[[Page 255]]

    6.2.1 Volumetric Pipets. Class A; 1-, 2-, 3-, 4-, 5-, 10-, and 20-
ml.
    6.2.2 Graduated Cylinder. 25-ml.
    6.2.3 Steam Bath.
    6.2.4 Atomic Absorption Spectrophotometer or Equivalent. Any atomic 
absorption unit with an open sample presentation area in which to mount 
the optical cell is suitable. Instrument settings recommended by the 
particular manufacturer should be followed. Instruments designed 
specifically for the measurement of mercury using the cold-vapor 
technique are commercially available and may be substituted for the 
atomic absorption spectrophotometer.
    6.2.5 Optical Cell. Alternatively, a heat lamp mounted above the 
cell or a moisture trap installed upstream of the cell may be used.
    6.2.6 Aeration Cell. Alternatively, aeration cells available with 
commercial cold vapor instrumentation may be used.
    6.2.7 Aeration Gas Cylinder. Nitrogen, argon, or dry, Hg-free air, 
equipped with a single-stage regulator. Alternatively, aeration may be 
provided by a peristaltic metering pump. If a commercial cold vapor 
instrument is used, follow the manufacturer's recommendations.

                       7.0 Reagents and Standards

    Unless otherwise indicated, it is intended that all reagents conform 
to the specifications established by the Committee on Analytical 
Reagents of the American Chemical Society, where such specifications are 
available; otherwise, use the best available grade.
    7.1 Sample Collection and Recovery. The following reagents are 
required for sample collection and recovery:
    7.1.1 Water. Deionized distilled, to conform to ASTM D 1193-77 or 91 
Type 1. If high concentrations of organic matter are not expected to be 
present, the analyst may eliminate the KMnO4 test for 
oxidizable organic matter. Use this water in all dilutions and solution 
preparations.
    7.1.2 Nitric Acid, 50 Percent (V/V). Mix equal volumes of 
concentrated HNO3 and water, being careful to add the acid to 
the water slowly.
    7.1.3 Silica Gel. Indicating type, 6 to 16 mesh. If previously used, 
dry at 175 [deg]C (350 [deg]F) for 2 hours. New silica gel may be used 
as received.
    7.1.4 Filter (Optional). Glass fiber filter, without organic binder, 
exhibiting at least 99.95 percent efficiency on 0.3-[mu]m dioctyl 
phthalate smoke particles. The filter in cases where the gas stream 
contains large quantities of particulate matter, but blank filters 
should be analyzed for Hg content.
    7.1.5 Sulfuric Acid, 10 Percent (V/V). Carefully add and mix 100 ml 
of concentrated H2SO4 to 900 ml of water.
    7.1.6 Absorbing Solution, 4 Percent KMnO4 (W/V). Prepare 
fresh daily. Dissolve 40 g of KMnO4 in sufficient 10 percent 
H2SO4 to make 1 liter. Prepare and store in glass 
bottles to prevent degradation.
    7.1.7 Hydrochloric Acid, 8 N. Carefully add and mix 67 ml of 
concentrated HCl to 33 ml of water.
    7.2 Sample Analysis. The following reagents and standards are 
required for sample analysis:
    7.2.1 Water. Same as in Section 7.1.1.
    7.2.2 Tin (II) Solution. Prepare fresh daily, and keep sealed when 
not being used. Completely dissolve 20 g of tin (II) chloride (or 25 g 
of tin (II) sulfate) crystals (Baker Analyzed reagent grade or any other 
brand that will give a clear solution) in 25 ml of concentrated HCl. 
Dilute to 250 ml with water. Do not substitute HNO3 
H2SO4, or other strong acids for the HCl.
    7.2.3 Sodium Chloride-Hydroxylamine Solution. Dissolve 12 g of 
sodium chloride and 12 g of hydroxylamine sulfate (or 12 g of 
hydroxylamine hydrochloride) in water and dilute to 100 ml.
    7.2.4 Hydrochloric Acid, 8 N. Same as Section 7.1.7.
    7.2.5 Nitric Acid, 15 Percent (V/V). Carefully add 15 ml 
HNO3 to 85 ml of water.
    7.2.6 Antifoam B Silicon Emulsion. J.T. Baker Company (or 
equivalent).
    7.2.7 Mercury Stock Solution, 1 mg Hg/ml. Prepare and store all Hg 
standard solutions in borosilicate glass containers. Completely dissolve 
0.1354 g of Hg (II) chloride in 75 ml of water. Add 10 ml of 
concentrated HNO3, and adjust the volume to exactly 100 ml 
with water. Mix thoroughly. This solution is stable for at least one 
month.
    7.2.8 Intermediate Hg Standard Solution, 10 [micro]g/ml. Prepare 
fresh weekly. Pipet 5.0 ml of the Hg stock solution (Section 7.2.7) into 
a 500 ml volumetric flask, and add 20 ml of 15 percent HNO3 
solution. Adjust the volume to exactly 500 ml with water. Thoroughly mix 
the solution.
    7.2.9 Working Hg Standard Solution, 200 ng Hg/ml. Prepare fresh 
daily. Pipet 5.0 ml from the ``Intermediate Hg Standard Solution'' 
(Section 7.2.8) into a 250-ml volumetric flask. Add 5 ml of 4 percent 
KMnO4 absorbing solution and 5 ml of 15 percent 
HNO3. Adjust the volume to exactly 250 ml with water. Mix 
thoroughly.
    7.2.10 Potassium Permanganate, 5 Percent (W/V). Dissolve 5 g of 
KMnO4 in water and dilute to 100 ml.
    7.2.11 Filter. Whatman No. 40, or equivalent.

       8.0 Sample Collection, Preservation, Transport, and Storage

    Same as Method 101, Section 8.0, with the exception of the 
following:
    8.1 Preliminary Determinations. Same as Method 101, Section 8.2, 
except that the liberation of free iodine in the first impinger

[[Page 256]]

due to high Hg or sulfur dioxide concentrations is not applicable. In 
this method, high oxidizable organic content may make it impossible to 
sample for the desired minimum time. This problem is indicated by the 
complete bleaching of the purple color of the KMnO4 solution. 
In cases where an excess of water condensation is encountered, collect 
two runs to make one sample, or add an extra impinger in front of the 
first impinger (also containing acidified KMnO4 solution).
    8.2 Preparation of Sampling Train. Same as Method 101, Section 8.3, 
with the exception of the following:
    8.2.1 In this method, clean all the glass components by rinsing with 
50 percent HNO3, tap water, 8 N HCl, tap water, and finally 
with deionized distilled water. Then place 50 ml of absorbing solution 
in the first impinger and 100 ml in each of the second and third 
impingers.
    8.2.2 If a filter is used, use a pair of tweezers to place the 
filter in the filter holder. Be sure to center the filter, and place the 
gasket in the proper position to prevent the sample gas stream from 
bypassing the filter. Check the filter for tears after assembly is 
completed. Be sure also to set the filter heating system at the desired 
operating temperature after the sampling train has been assembled.
    8.3 Sampling Train Operation. In addition to the procedure outlined 
in Method 101, Section 8.5, maintain a temperature around the filter (if 
applicable) of 120 14 [deg]C (248 25 [deg]F).
    8.4 Sample Recovery. Same as Method 101, Section 8.7, with the 
exception of the following:
    8.4.1 Transfer the probe, impinger assembly, and (if applicable) 
filter assembly to the cleanup area.
    8.4.2 Treat the sample as follows:
    8.4.2.1 Container No. 1 (Impinger, Probe, and Filter Holder) and, if 
applicable, Container No. 1A (HCl rinse).
    8.4.2.1.1 Using a graduated cylinder, measure the liquid in the 
first three impingers to within 1 ml. Record the volume of liquid 
present (e.g., see Figure 5-6 of Method 5). This information is needed 
to calculate the moisture content of the effluent gas. (Use only 
graduated cylinder and glass storage bottles that have been precleaned 
as in Section 8.2.1.) Place the contents of the first three impingers 
(four if an extra impinger was added as described in Section 8.1) into a 
1000-ml glass sample bottle labeled Container No. 1.

    Note: If a filter is used, remove the filter from its holder as 
outlined under Section 8.4.3.

    8.4.2.1.2 Taking care that dust on the outside of the probe or other 
exterior surfaces does not get into the sample, quantitatively recover 
the Hg (and any condensate) from the probe nozzle, probe fitting, probe 
liner, front half of the filter holder (if applicable), and impingers as 
follows: Rinse these components with a total of 400 ml (350 ml if an 
extra impinger was added as described in Section 8.1) of fresh absorbing 
solution, carefully assuring removal of all loose particulate matter 
from the impingers; add all washings to the 1000 ml glass sample bottle. 
To remove any residual brown deposits on the glassware following the 
permanganate rinse, rinse with approximately 100 ml of water, carefully 
assuring removal of all loose particulate matter from the impingers. Add 
this rinse to Container No. 1.
    8.4.2.1.3 If no visible deposits remain after this water rinse, do 
not rinse with 8 N HCl. If deposits do remain on the glassware after the 
water rinse, wash impinger walls and stems with 25 ml of 8 N HCl, and 
place the wash in a separate container labeled Container No. 1A as 
follows: Place 200 ml of water in a sample container labeled Container 
No. 1A. Wash the impinger walls and stem with the HCl by turning the 
impinger on its side and rotating it so that the HCl contacts all inside 
surfaces. Pour the HCl wash carefully with stirring into Container No. 
1A.
    8.4.2.1.4 After all washings have been collected in the appropriate 
sample container(s), tighten the lid(s) on the container(s) to prevent 
leakage during shipment to the laboratory. Mark the height of the fluid 
level to allow subsequent determination of whether leakage has occurred 
during transport. Label each container to identify its contents clearly.
    8.4.3 Container No. 2 (Silica Gel). Same as Method 5, Section 
8.7.6.3.
    8.4.4 Container No. 3 (Filter). If a filter was used, carefully 
remove it from the filter holder, place it in a 100-ml glass sample 
bottle, and add 20 to 40 ml of absorbing solution. If it is necessary to 
fold the filter, be sure that the particulate cake is inside the fold. 
Carefully transfer to the 100-ml sample bottle any particulate matter 
and filter fibers that adhere to the filter holder gasket by using a dry 
Nylon bristle brush and a sharp-edged blade. Seal the container. Label 
the container to identify its contents clearly. Mark the height of the 
fluid level to allow subsequent determination of whether leakage has 
occurred during transport.
    8.4.5 Container No. 4 (Filter Blank). If a filter was used, treat an 
unused filter from the same filter lot as that used for sampling 
according to the procedures outlined in Section 8.4.4.
    8.4.6 Container No. 5 (Absorbing Solution Blank). Place 650 ml of 4 
percent KMnO4 absorbing solution in a 1000-ml sample bottle. 
Seal the container.
    8.4.7 Container No. 6 (HCl Rinse Blank). Place 200 ml of water in a 
1000-ml sample bottle, and add 25 ml of 8 N HCl carefully

[[Page 257]]

with stirring. Seal the container. Only one blank sample per 3 runs is 
required.

                           9.0 Quality Control

    9.1 Miscellaneous Quality Control Measures.

------------------------------------------------------------------------
                                 Quality control
            Section                  measure               Effect
------------------------------------------------------------------------
8.0, 10.0.....................  Sampling           Ensure accuracy and
                                 equipment leak-    precision of
                                 checks and         sampling
                                 calibration.       measurements.
10.2..........................  Spectrophotometer  Ensure linearity of
                                 calibration.       spectrophotometer
                                                    response to
                                                    standards.
11.3.3........................  Check for matrix   Eliminate matrix
                                 effects.           effects.
------------------------------------------------------------------------

    9.2 Volume Metering System Checks. Same as Method 5, Section 9.2.

                  10.0 Calibration and Standardization

    Same as Method 101, Section 10.0, with the following exceptions:
    10.1 Optical Cell Heating System Calibration. Same as in Method 101, 
Section 10.4, except use a-25 ml graduated cylinder to add 25 ml of 
water to the bottle section of the aeration cell.
    10.2 Spectrophotometer and Recorder Calibration.
    10.2.1 The Hg response may be measured by either peak height or peak 
area.

    Note: The temperature of the solution affects the rate at which 
elemental Hg is released from a solution and, consequently, it affects 
the shape of the absorption curve (area) and the point of maximum 
absorbance (peak height). To obtain reproducible results, all solutions 
must be brought to room temperature before use.

    10.2.2 Set the spectrophotometer wave length at 253.7 nm, and make 
certain the optical cell is at the minimum temperature that will prevent 
water condensation. Then set the recorder scale as follows: Using a 25-
ml graduated cylinder, add 25 ml of water to the aeration cell bottle. 
Add three drops of Antifoam B to the bottle, and then pipet 5.0 ml of 
the working Hg standard solution into the aeration cell.

    Note: Always add the Hg-containing solution to the aeration cell 
after the 25 ml of water.

    10.2.3 Place a Teflon-coated stirring bar in the bottle. Add 5 ml of 
absorbing solution to the aeration bottle, and mix well. Before 
attaching the bottle section to the bubbler section of the aeration 
cell, make certain that (1) the aeration cell exit arm stopcock (Figure 
101-3 of Method 101) is closed (so that Hg will not prematurely enter 
the optical cell when the reducing agent is being added) and (2) there 
is no flow through the bubbler. If conditions (1) and (2) are met, 
attach the bottle section to the bubbler section of the aeration cell. 
Add sodium chloride-hydroxylamine in 1 ml increments until the solution 
is colorless. Now add 5 ml of tin (II) solution to the aeration bottle 
through the side arm, and immediately stopper the side arm. Stir the 
solution for 15 seconds, turn on the recorder, open the aeration cell 
exit arm stopcock, and immediately initiate aeration with continued 
stirring. Determine the maximum absorbance of the standard, and set this 
value to read 90 percent of the recorder full scale.

                        11.0 Analytical Procedure

    11.1 Sample Loss Check. Check the liquid level in each container to 
see if liquid was lost during transport. If a noticeable amount of 
leakage occurred, either void the sample or use methods subject to the 
approval of the Administrator to account for the losses.
    11.2 Sample Preparation. Treat sample containers as follows:
    11.2.1 Containers No. 3 and No. 4 (Filter and Filter Blank).
    11.2.1.1 If a filter is used, place the contents, including the 
filter, of Containers No. 3 and No. 4 in separate 250-ml beakers, and 
heat the beakers on a steam bath until most of the liquid has 
evaporated. Do not heat to dryness. Add 20 ml of concentrated 
HNO3 to the beakers, cover them with a watch glass, and heat 
on a hot plate at 70 [deg]C (160 [deg]F) for 2 hours. Remove from the 
hot plate.
    11.2.1.2 Filter the solution from digestion of the Container No. 3 
contents through Whatman No. 40 filter paper, and save the filtrate for 
addition to the Container No. 1 filtrate as described in Section 11.2.2. 
Discard the filter paper.
    11.2.1.3 Filter the solution from digestion of the Container No. 4 
contents through Whatman No. 40 filter paper, and save the filtrate for 
addition to Container No. 5 filtrate as described in Section 11.2.3 
below. Discard the filter paper.
    11.2.2 Container No. 1 (Impingers, Probe, and Filter Holder) and, if 
applicable, No. 1A (HCl rinse).
    11.2.2.1 Filter the contents of Container No. 1 through Whatman No. 
40 filter paper into a 1 liter volumetric flask to remove the brown 
manganese dioxide (MnO2) precipitate. Save the filter for 
digestion of the brown MnO2 precipitate. Add the sample 
filtrate from Container No. 3 to the 1-liter volumetric flask, and 
dilute to volume with water. If the combined filtrates are greater than 
1000 ml, determine the volume to the

[[Page 258]]

nearest ml and make the appropriate corrections for blank subtractions. 
Mix thoroughly. Mark the filtrate as analysis Sample No. A.1 and analyze 
for Hg within 48 hr of the filtration step. Place the saved filter, 
which was used to remove the brown MnO2 precipitate, into an 
appropriate sized container. In a laboratory hood, add 25 ml of 8 N HCl 
to the filter and allow to digest for a minimum of 24 hours at room 
temperature.
    11.2.2.2 Filter the contents of Container 1A through Whatman No. 40 
filter paper into a 500-ml volumetric flask. Then filter the digestate 
of the brown MnO2 precipitate from Container No. 1 through 
Whatman No. 40 filter paper into the same 500-ml volumetric flask, and 
dilute to volume with water. Mark this combined 500 ml dilute solution 
as analysis Sample No. A.2. Discard the filters.
    11.2.3 Container No. 5 (Absorbing Solution Blank) and No. 6 (HCl 
Rinse Blank).
    11.2.3.1 Treat Container No. 5 as Container No. 1 (as described in 
Section 11.2.2), except substitute the filter blank filtrate from 
Container No. 4 for the sample filtrate from Container No. 3, and mark 
as Sample A.1 Blank.
    11.2.3.2 Treat Container No. 6 as Container No. 1A, (as described in 
Section 11.2.2, except substitute the filtrate from the digested blank 
MnO2 precipitate for the filtrate from the digested sample 
MnO2 precipitate, and mark as Sample No. A.2 Blank.

    Note: When analyzing samples A.1 Blank and HCl A.2 Blank, always 
begin with 10 ml aliquots. This applies specifically to blank samples.

    11.3 Analysis. Calibrate the analytical equipment and develop a 
calibration curve as outlined in Section 10.0.
    11.3.1 Mercury Samples. Then repeat the procedure used to establish 
the calibration curve with appropriately sized aliquots (1 to 10 ml) of 
the samples (from Sections 11.2.2 and 11.2.3) until two consecutive peak 
heights agree within 3 percent of their average value. If the 10 ml 
sample is below the detectable limit, use a larger aliquot (up to 20 
ml), but decrease the volume of water added to the aeration cell 
accordingly to prevent the solution volume from exceeding the capacity 
of the aeration bottle. If the peak maximum of a 1.0 ml aliquot is off 
scale, further dilute the original sample to bring the Hg concentration 
into the calibration range of the spectrophotometer. If the Hg content 
of the absorbing solution and filter blank is below the working range of 
the analytical method, use zero for the blank.
    11.3.2 Run a blank and standard at least after every five samples to 
check the spectrophotometer calibration; recalibrate as necessary.
    11.3.3 Check for Matrix Effects (optional). Same as Method 101, 
Section 11.3.3.

                   12.0 Data Analysis and Calculations

    Note: Carry out calculations, retaining at least one extra decimal 
significant figure beyond that of the acquired data. Round off figures 
only after the final calculation. Other forms of the equations may be 
used as long as they give equivalent results.

    12.1 Nomenclature.

C(fltr)Hg = Total ng of Hg in aliquot of KMnO4 
          filtrate and HNO3 digestion of filter analyzed 
          (aliquot of analysis Sample No. A.1).
C(fltr blk)Hg = Total ng of Hg in aliquot of KMnO4 
          blank and HNO3 digestion of blank filter analyzed 
          (aliquot of analysis Sample No. A.1 blank).
C(HC1 blk)Hg = Total ng of Hg analyzed in aliquot of the 500-
          ml analysis Sample No. HCl A.2 blank.
C(HCl)Hg = Total ng of Hg analyzed in the aliquot from the 
          500-ml analysis Sample No. HCl A.2.
DF = Dilution factor for the HCl-digested Hg-containing solution, 
          Analysis Sample No. ``HCl A.2.''
DFblk = Dilution factor for the HCl-digested Hg containing 
          solution, Analysis Sample No. ``HCl A.2 blank.'' (Refer to 
          sample No. ``HCl A.2'' dilution factor above.)
m(fltr)Hg = Total blank corrected [micro]g of Hg in 
          KMnO4 filtrate and HNO3 digestion of 
          filter sample.
m(HCl)Hg = Total blank corrected [micro]g of Hg in HCl rinse 
          and HCl digestate of filter sample.
mHg = Total blank corrected Hg content in each sample, 
          [micro]g.
S = Aliquot volume of sample added to aeration cell, ml.
Sblk = Aliquot volume of blank added to aeration cell, ml.
Vf(blk) = Solution volume of blank sample, 1000 ml for 
          samples diluted as described in Section 11.2.2.
Vf(fltr) = Solution volume of original sample, normally 1000 
          ml for samples diluted as described in Section 11.2.2.
Vf(HCl) = Solution volume of original sample, 500 ml for 
          samples diluted as described in Section 11.2.1.
10-3 = Conversion factor, [micro]g/ng.

    12.2 Average Dry Gas Meter Temperature and Average Orifice Pressure 
Drop, Dry Gas Volume, Volume of Water Vapor Condensed, Moisture Content, 
Isokinetic Variation, and Stack Gas Velocity and Volumetric Flow Rate. 
Same as Method 5, Sections 12.2 through 12.5, 12.11, and 12.12, 
respectively.
    12.3 Total Mercury.
    12.3.1 For each source sample, correct the average maximum 
absorbance of the two consecutive samples whose peak heights agree 
within 3 percent of their average for the contribution of the blank. Use 
the calibration curve and these corrected averages to determine the 
final total weight of Hg in

[[Page 259]]

ng in the aeration cell for each source sample.
    12.3.2 Correct for any dilutions made to bring the sample into the 
working range of the spectrophotometer.
[GRAPHIC] [TIFF OMITTED] TR17OC00.498

    Note: This dilution factor applies only to the intermediate dilution 
steps, since the original sample volume [(Vf)HCL] 
of ``HCl A.2'' has been factored out in the equation along with the 
sample aliquot (S). In Eq. 101A-1, the sample aliquot, S, is introduced 
directly into the aeration cell for analysis according to the procedure 
outlined in Section 11.3.1. A dilution factor is required only if it is 
necessary to bring the sample into the analytical instrument's 
calibration range.
    Note: The maximum allowable blank subtraction for the HCl is the 
lesser of the two following values: (1) the actual blank measured value 
(analysis Sample No. HCl A.2 blank), or (2) 5% of the Hg content in the 
combined HCl rinse and digested sample (analysis Sample No. HCl A.2).
[GRAPHIC] [TIFF OMITTED] TR17OC00.499

    Note: The maximum allowable blank subtraction for the HCl is the 
lesser of the two following values: (1) the actual blank measured value 
(analysis Sample No. ``A.1 blank''), or (2) 5% of the Hg content in the 
filtrate (analysis Sample No. ``A.1'').
[GRAPHIC] [TIFF OMITTED] TR17OC00.500

    12.3 Mercury Emission Rate. Same as Method 101, Section 12.3.
    12.4 Determination of Compliance. Same as Method 101, Section 12.4.

                         13.0 Method Performance

    13.1 Precision. Based on eight paired-train tests, the intra-
laboratory standard deviation was estimated to be 4.8 [micro]g/ml in the 
concentration range of 50 to 130 [micro]g/m3.
    13.2 Bias. [Reserved]
    13.3 Range. After initial dilution, the range of this method is 20 
to 800 ng Hg/ml. The upper limit can be extended by further dilution of 
the sample.

                  14.0 Pollution Prevention [Reserved]

                    15.0 Waste Management [Reserved]

                       16.0 Alternative Procedures

    16.1 Alternative Analyzers.
    16.1.1 Inductively coupled plasma-atomic emission spectrometry (ICP-
AES) may be used as an alternative to atomic absorption analysis 
provided the following conditions are met:
    16.1.1.1 Sample collection, sample preparation, and analytical 
preparation procedures are as defined in the method except as necessary 
for the ICP-AES application.
    16.1.1.2 The quality control procedures are conducted as prescribed.
    16.1.1.3 The limit of quantitation for the ICP-AES must be 
demonstrated and the sample concentrations reported should be no less 
than two times the limit of quantitation. The limit of quantitation is 
defined as ten times the standard deviation of the blank value. The 
standard deviation of the blank value is determined from the analysis of 
seven blanks. It has been reported that for mercury and those elements 
that form hydrides, a continuous-flow generator coupled to an ICP-AES 
offers detection limits comparable to cold vapor atomic absorption.
    16.1.2 Samples may also be analyzed by cold vapor atomic 
fluorescence spectrometry.

[[Page 260]]

                             17.0 References

    Same as Section 16.0 of Method 101, with the addition of the 
following:
    1. Mitchell, W.J., et al. Test Methods to Determine the Mercury 
Emissions from Sludge Incineration Plants. U.S. Environmental Protection 
Agency. Research Triangle Park, NC. Publication No. EPA-600/4-79-058. 
September 1979.
    2. Wilshire, Frank W., et al. Reliability Study of the U.S. EPA's 
Method 101A--Determination of Particulate and Gaseous Mercury Emissions. 
U.S. Environmental Protection Agency. Research Triangle Park, NC. Report 
No. 600/D-31/219 AREAL 367, NTIS Acc No. PB91-233361.
    3. Memorandum from William J. Mitchell to Roger T. Shigehara 
discussing the potential safety hazard in Section 7.2 of Method 101A. 
February 28, 1990.

    18.0 Tables, Diagrams, Flowcharts, And Validation Data [Reserved]

 Method 102--Determination of Particulate and Gaseous Mercury Emissions 
               From Chlor-Alkali Plants (Hydrogen Streams)

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from other methods in this part and in appendix A to 40 CFR part 60. 
Therefore, to obtain reliable results, persons using this method should 
have a thorough knowledge of at least the following additional test 
methods: Method 1, Method 2, Method 3, Method 5, and Method 101.

                        1.0 Scope and Application

    1.1 Analytes.

------------------------------------------------------------------------
            Analyte                  CAS No.           Sensitivity
------------------------------------------------------------------------
Mercury (Hg)...................       7439-97-6  Dependent upon recorder
                                                  and spectrophotometer.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable for the determination 
of Hg emissions, including both particulate and gaseous Hg, from chlor-
alkali plants and other sources (as specified in the regulations) where 
the carrier-gas stream in the duct or stack is principally hydrogen.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    2.1 Particulate and gaseous Hg emissions are withdrawn 
isokinetically from the source and collected in acidic iodine 
monochloride (ICl) solution. The Hg collected (in the mercuric form) is 
reduced to elemental Hg, which is then aerated from the solution into an 
optical cell and measured by atomic absorption spectrophotometry.

                       3.0 Definitions [Reserved]

                            4.0 Interferences

    Same as Method 101, Section 4.2.

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user of this test method to establish appropriate safety and health 
practices and determine the applicability of regulatory limitations 
prior to performing this test method.
    5.2 Corrosive Reagents. Same as Method 101, Section 5.2.
    5.3 Explosive Mixtures. The sampler must conduct the source test 
under conditions of utmost safety because hydrogen and air mixtures are 
explosive. Since the sampling train essentially is leakless, attention 
to safe operation can be concentrated at the inlet and outlet. If a leak 
does occur, however, remove the meter box cover to avoid a possible 
explosive mixture. The following specific precautions are recommended:
    5.3.1 Operate only the vacuum pump during the test. The other 
electrical equipment, e.g., heaters, fans, and timers, normally are not 
essential to the success of a hydrogen stream test.
    5.3.2 Seal the sample port to minimize leakage of hydrogen from the 
stack.
    5.3.3 Vent sampled hydrogen at least 3 m (10 ft) away from the 
train. This can be accomplished by attaching a 13-mm (0.50-in.) ID Tygon 
tube to the exhaust from the orifice meter.

    Note: A smaller ID tubing may cause the orifice meter calibration to 
be erroneous. Take care to ensure that the exhaust line is not bent or 
pinched.

                       6.0 Equipment and Supplies

    Same as Method 101, Section 6.0, with the exception of the 
following:
    6.1 Probe Heating System. Do not use, unless otherwise specified.
    6.2 Glass Fiber Filter. Do not use, unless otherwise specified.

[[Page 261]]

                       7.0 Reagents and Standards

    Same as Method 101, Section 7.0.

       8.0 Sample Collection, Preservation, Transport, and Storage

    Same as Method 101, Section 8.0, with the exception of the 
following:
    8.1 Setting of Isokinetic Rates.
    8.1.1 If a nomograph is used, take special care in the calculation 
of the molecular weight of the stack gas and in the setting of the 
nomograph to maintain isokinetic conditions during sampling (Sections 
8.1.1.1 through 8.1.1.3 below).
    8.1.1.1 Calibrate the meter box orifice. Use the techniques 
described in APTD-0576 (see Reference 9 in Section 17.0 of Method 5 of 
appendix A to part 60). Calibration of the orifice meter at flow 
conditions that simulate the conditions at the source is suggested. 
Calibration should either be done with hydrogen or with some other gas 
having a similar Reynolds Number so that there is similarity between the 
Reynolds Numbers during calibration and during sampling. Alternative 
mercury-free thermometers may be used if the thermometers are, at a 
minimum, equivalent in terms of performance or suitably effective for 
the specific temperature measurement application.
    8.1.1.2 The nomograph described in APTD-0576 cannot be used to 
calculate the C factor because the nomograph is designed for use when 
the stack gas dry molecular weight is 29 4. 
Instead, the following calculation should be made to determine the 
proper C factor:
[GRAPHIC] [TIFF OMITTED] TR17OC00.501

Where:

Bws = Fraction by volume of water vapor in the stack gas.
Cp = Pitot tube calibration coefficient, dimensionless.
Md = Dry molecular weight of stack gas, lb/lb-mole.
Ps = Absolute pressure of stack gas, in. Hg.
Pm = Absolute pressure of gas at the meter, in. Hg.
Tm = Absolute temperature of gas at the orifice, [deg]R.
[Delta]H@ = Meter box calibration factor obtained in Section 
          8.1.1.1, in. H2O.
0.00154 = (in. H2O/[deg]R).

    Note: This calculation is left in English units, and is not 
converted to metric units because nomographs are based on English units.

    8.1.1.3 Set the calculated C factor on the operating nomograph, and 
select the proper nozzle diameter and K factor as specified in APTD-
0576. If the C factor obtained in Section 8.1.1.2 exceeds the values 
specified on the existing operating nomograph, expand the C scale 
logarithmically so that the values can be properly located.
    8.1.2 If a calculator is used to set isokinetic rates, it is 
suggested that the isokinetic equation presented in Reference 13 in 
Section 17.0 of Method 101 be consulted.
    8.2 Sampling in Small (<12-in. Diameter) Stacks. When the stack 
diameter (or equivalent diameter) is less than 12 inches, conventional 
pitot tube-probe assemblies should not be used. For sampling guidelines, 
see Reference 14 in Section 17.0 of Method 101.

                           9.0 Quality Control

    Same as Method 101, Section 9.0.

                  10.0 Calibration and Standardizations

    Same as Method 101, Section 10.0.

                        11.0 Analytical Procedure

    Same as Method 101, Section 11.0.

                   12.0 Data Analysis and Calculations

    Same as Method 101, Section 12.0.

                         13.0 Method Performance

    Same as Method 101, Section 13.0.
    13.1 Analytical Range. After initial dilution, the range of this 
method is 0.5 to 120 [micro]g Hg/ml. The upper limit can be extended by 
further dilution of the sample.

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                             16.0 References

    Same as Method 101, Section 16.0.

   17.0 Tables, Diagrams, Flowcharts, and Validation Data. [Reserved]

                 Method 103--Beryllium Screening Method

                        1.0 Scope and Application

    1.1 Analytes.

[[Page 262]]



------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Beryllium (Be).................       7440-41-7   Dependent upon
                                                   analytical procedure
                                                   used.
------------------------------------------------------------------------

    1.2 Applicability. This procedure details guidelines and 
requirements for methods acceptable for use in determining Be emissions 
in ducts or stacks at stationary sources.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    2.1 Particulate Be emissions are withdrawn isokinetically from three 
points in a duct or stack and are collected on a filter. The collected 
sample is analyzed for Be using an appropriate technique.

                       3.0 Definitions. [Reserved]

                      4.0 Interferences. [Reserved]

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user of this test method to establish appropriate safety and health 
practices and determine the applicability of regulatory limitations 
prior to performing this test method.
    5.2 Hydrochloric Acid (HCl). Highly corrosive and toxic. Vapors are 
highly irritating to eyes, skin, nose, and lungs, causing severe damage. 
May cause bronchitis, pneumonia, or edema of lungs. Exposure to 
concentrations of 0.13 to 0.2 percent can be lethal to humans in a few 
minutes. Provide ventilation to limit exposure. Reacts with metals, 
producing hydrogen gas. Personal protective equipment and safe 
procedures are useful in preventing chemical splashes. If contact 
occurs, immediately flush with copious amounts of water at least 15 
minutes. Remove clothing under shower and decontaminate. Treat residual 
chemical burn as thermal burn.

                       6.0 Equipment and Supplies

    6.1 Sample Collection. A schematic of the required sampling train 
configuration is shown in Figure 103-1 in Section 17.0. The essential 
components of the train are as follows:
    6.1.1 Nozzle. Stainless steel, or equivalent, with sharp, tapered 
leading edge.
    6.1.2 Probe. Sheathed borosilicate or quartz glass tubing.
    6.1.3 Filter. Millipore AA, or equivalent, with appropriate filter 
holder that provides a positive seal against leakage from outside or 
around the filter. It is suggested that a Whatman 41, or equivalent, be 
placed immediately against the back side of the Millipore filter as a 
guard against breakage of the Millipore. Include the backup filter in 
the analysis. To be equivalent, other filters shall exhibit at least 
99.95 percent efficiency (0.05 percent penetration) on 0.3 micron 
dioctyl phthalate smoke particles, and be amenable to the Be analysis 
procedure. The filter efficiency tests shall be conducted in accordance 
with ASTM D 2986-71, 78, 95a (incorporated by reference--see Sec.  
61.18). Test data from the supplier's quality control program are 
sufficient for this purpose.
    6.1.4 Meter-Pump System. Any system that will maintain isokinetic 
sampling rate, determine sample volume, and is capable of a sampling 
rate of greater than 14 lpm (0.5 cfm).
    6.2 Measurement of Stack Conditions. The following equipment is used 
to measure stack conditions:
    6.2.1 Pitot Tube. Type S, or equivalent, with a constant coefficient 
(5 percent) over the working range.
    6.2.2 Inclined Manometer, or Equivalent. To measure velocity head to 
10 percent of the minimum value.
    6.2.3 Temperature Measuring Device. To measure stack temperature to 
1.5 percent of the minimum absolute stack 
temperature.
    6.2.4 Pressure Measuring Device. To measure stack pressure to 2.5 mm Hg (0.1 in. Hg).
    6.2.5 Barometer. To measure atmospheric pressure to 2.5 mm Hg (0.1 in. Hg).
    6.2.6 Wet and Dry Bulb Thermometers, Drying Tubes, Condensers, or 
Equivalent. To determine stack gas moisture content to 1 percent.
    6.3 Sample Recovery.
    6.3.1 Probe Cleaning Equipment. Probe brush or cleaning rod at least 
as long as probe, or equivalent. Clean cotton balls, or equivalent, 
should be used with the rod.
    6.3.2 Leakless Glass Sample Bottles. To contain sample.
    6.4 Analysis. All equipment necessary to perform an atomic 
absorption, spectrographic, fluorometric, chromatographic, or equivalent 
analysis.

                       7.0 Reagents and Standards

    7.1 Sample Recovery.
    7.1.1 Water. Deionized distilled, to conform to ASTM D 1193-77, 91 
(incorporated by reference--see Sec.  61.18), Type 3.
    7.1.2 Acetone. Reagent grade.
    7.1.3 Wash Acid, 50 Percent (V/V) Hydrochloric Acid (HCl). Mix equal 
volumes of concentrated HCl and water, being careful to add the acid 
slowly to the water.

[[Page 263]]

    7.2 Analysis. Reagents and standards as necessary for the selected 
analytical procedure.

       8.0 Sample Collection, Preservation, Transport, and Storage

    Guidelines for source testing are detailed in the following 
sections. These guidelines are generally applicable; however, most 
sample sites differ to some degree and temporary alterations such as 
stack extensions or expansions often are required to insure the best 
possible sample site. Further, since Be is hazardous, care should be 
taken to minimize exposure. Finally, since the total quantity of Be to 
be collected is quite small, the test must be carefully conducted to 
prevent contamination or loss of sample.
    8.1 Selection of a Sampling Site and Number of Sample Runs. Select a 
suitable sample site that is as close as practicable to the point of 
atmospheric emission. If possible, stacks smaller than one foot in 
diameter should not be sampled.
    8.1.1 Ideal Sampling Site. The ideal sampling site is at least eight 
stack or duct diameters downstream and two diameters upstream from any 
flow disturbance such as a bend, expansion or contraction. For 
rectangular cross sections, use Equation 103-1 in Section 12.2 to 
determine an equivalent diameter, De.
    8.1.2 Alternate Sampling Site. Some sampling situations may render 
the above sampling site criteria impractical. In such cases, select an 
alternate site no less than two diameters downstream and one-half 
diameter upstream from any point of flow disturbance. Additional sample 
runs are recommended at any sample site not meeting the criteria of 
Section 8.1.1.
    8.1.3 Number of Sample Runs Per Test. Three sample runs constitute a 
test. Conduct each run at one of three different points. Select three 
points that proportionately divide the diameter, or are located at 25, 
50, and 75 percent of the diameter from the inside wall. For horizontal 
ducts, sample on a vertical line through the centroid. For rectangular 
ducts, sample on a line through the centroid and parallel to a side. If 
additional sample runs are performed per Section 8.1.2, proportionately 
divide the duct to accommodate the total number of runs.
    8.2 Measurement of Stack Conditions. Using the equipment described 
in Section 6.2, measure the stack gas pressure, moisture, and 
temperature to determine the molecular weight of the stack gas. Sound 
engineering estimates may be made in lieu of direct measurements. 
Describe the basis for such estimates in the test report.
    8.3 Preparation of Sampling Train.
    8.3.1 Assemble the sampling train as shown in Figure 103-1. It is 
recommended that all glassware be precleaned by soaking in wash acid for 
two hours.
    8.3.2 Leak check the sampling train at the sampling site. The 
leakage rate should not be in excess of 1 percent of the desired sample 
rate.
    8.4 Sampling Train Operation.
    8.4.1 For each run, measure the velocity at the selected sampling 
point. Determine the isokinetic sampling rate. Record the velocity head 
and the required sampling rate. Place the nozzle at the sampling point 
with the tip pointing directly into the gas stream. Immediately start 
the pump and adjust the flow to isokinetic conditions. At the conclusion 
of the test, record the sampling rate. Again measure the velocity head 
at the sampling point. The required isokinetic rate at the end of the 
period should not have deviated more than 20 percent from that 
originally calculated. Describe the reason for any deviation beyond 20 
percent in the test report.
    8.4.2 Sample at a minimum rate of 14 liters/min (0.5 cfm). Obtain 
samples over such a period or periods of time as are necessary to 
determine the maximum emissions which would occur in a 24-hour period. 
In the case of cyclic operations, perform sufficient sample runs so as 
to allow determination or calculation of the emissions that occur over 
the duration of the cycle. A minimum sampling time of two hours per run 
is recommended.
    8.5 Sample Recovery.
    8.5.1 It is recommended that all glassware be precleaned as in 
Section 8.3. Sample recovery should also be performed in an area free of 
possible Be contamination. When the sampling train is moved, exercise 
care to prevent breakage and contamination. Set aside a portion of the 
acetone used in the sample recovery as a blank for analysis. The total 
amount of acetone used should be measured for accurate blank correction. 
Blanks can be eliminated if prior analysis shows negligible amounts.
    8.5.2 Remove the filter (and backup filter, if used) and any loose 
particulate matter from filter holder, and place in a container.
    8.5.3 Clean the probe with acetone and a brush or long rod and 
cotton balls. Wash into the container with the filter. Wash out the 
filter holder with acetone, and add to the same container.

                     9.0 Quality Control. [Reserved]

                  10.0 Calibration and Standardization

    10.1 Sampling Train. As a procedural check, compare the sampling 
rate regulation with a dry gas meter, spirometer, rotameter (calibrated 
for prevailing atmospheric conditions), or equivalent, attached to the 
nozzle inlet of the complete sampling train.
    10.2 Analysis. Perform the analysis standardization as suggested by 
the manufacturer of the instrument, or the procedures for the analytical 
method in use.

[[Page 264]]

                        11.0 Analytical Procedure

    Make the necessary preparation of samples and analyze for Be. Any 
currently acceptable method (e.g., atomic absorption, spectrographic, 
fluorometric, chromatographic) may be used.

                   12.0 Data Analysis and Calculations

    12.1 Nomenclature.

As(avg) = Stack area, m\2\ (ft\2\).
L = Length.
R = Be emission rate, g/day.
Vs(avg) = Average stack gas velocity, m/sec (ft/sec).
Vtotal = Total volume of gas sampled, m\3\ (ft\3\).
W = Width.
Wt = Total weight of Be collected, mg.
10-6 = Conversion factor, g/[micro]g.
86,400 = Conversion factor, sec/day.

    12.2 Calculate the equivalent diameter, De, for a rectangular cross 
section as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.502

    12.3 Calculate the Be emission rate, R, in g/day for each stack 
using Equation 103-2. For cyclic operations, use only the time per day 
each stack is in operation. The total Be emission rate from a source is 
the summation of results from all stacks.
[GRAPHIC] [TIFF OMITTED] TR17OC00.503

    12.4 Test Report. Prepare a test report that includes as a minimum: 
A detailed description of the sampling train used, results of the 
procedural check described in Section 10.1 with all data and 
calculations made, all pertinent data taken during the test, the basis 
for any estimates made, isokinetic sampling calculations, and emission 
results. Include a description of the test site, with a block diagram 
and brief description of the process, location of the sample points in 
the stack cross section, and stack dimensions and distances from any 
point of disturbance.

                   13.0 Method Performance. [Reserved]

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                       16.0 References. [Reserved]

         17.0 Tables, Diagrams, Flow Charts, and Validation Data

[[Page 265]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.504

Method 104--Determination of Beryllium Emissions From Stationary Sources

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from methods in appendix A to 40 CFR part 60. Therefore, to obtain 
reliable results, persons using this method should have a thorough 
knowledge of at least the following additional test methods: Method 1, 
Method 2, Method 3, and Method 5 in appendix A, part 60.

                        1.0 Scope and Application

    1.1 Analytes.

[[Page 266]]



------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Beryllium (Be).................       7440-41-7   Dependent upon
                                                   recorder and
                                                   spectrophotometer.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable for the determination 
of Be emissions in ducts or stacks at stationary sources. Unless 
otherwise specified, this method is not intended to apply to gas streams 
other than those emitted directly to the atmosphere without further 
processing.
    1.3 Data Quality Objectives. Adherences to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    2.1 Particulate and gaseous Be emissions are withdrawn 
isokinetically from the source and are collected on a glass fiber filter 
and in water. The collected sample is digested in an acid solution and 
is analyzed by atomic absorption spectrophotometry.

                       3.0 Definitions [Reserved]

                            4.0 Interferences

    4.1 Matrix Effects. Analysis for Be by flame atomic absorption 
spectrophotometry is sensitive to the chemical composition and to the 
physical properties (e.g., viscosity, pH) of the sample. Aluminum and 
silicon, in particular, are known to interfere when present in 
appreciable quantities. The analytical procedure includes (optionally) 
the use of the Method of Standard Additions to check for these matrix 
effects, and sample analysis using the Method of Standard Additions if 
significant matrix effects are found to be present (see Reference 2 in 
Section 17.0).

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user of this test method to establish appropriate safety and health 
practices and determine the applicability of regulatory limitations 
prior to performing this test method.
    5.2 Corrosive reagents. The following reagents are hazardous. 
Personal protective equipment and safe procedures are useful in 
preventing chemical splashes. If contact occurs, immediately flush with 
copious amounts of water at least 15 minutes. Remove clothing under 
shower and decontaminate. Treat residual chemical burn as thermal burn.
    5.2.1 Hydrochloric Acid (HCl). Highly toxic. Vapors are 
highly irritating to eyes, skin, nose, and lungs, causing severe damage. 
May cause bronchitis, pneumonia, or edema of lungs. Exposure to 
concentrations of 0.13 to 0.2 percent can be lethal to humans in a few 
minutes. Provide ventilation to limit exposure. Reacts with metals, 
producing hydrogen gas.
    5.2.2 Hydrogen Peroxide (H2O2). Irritating to 
eyes, skin, nose, and lungs.
    5.2.3 Nitric Acid (HNO3). Highly corrosive to eyes, skin, 
nose, and lungs. Vapors cause bronchitis, pneumonia, or edema of lungs. 
Reaction to inhalation may be delayed as long as 30 hours and still be 
fatal. Provide ventilation to limit exposure. Strong oxidizer. Hazardous 
reaction may occur with organic materials such as solvents.
    5.2.4 Sodium Hydroxide (NaOH). Causes severe damage to eyes and 
skin. Inhalation causes irritation to nose, throat, and lungs. Reacts 
exothermically with limited amounts of water.
    5.3 Beryllium is hazardous, and precautions should be taken to 
minimize exposure.

                       6.0 Equipment and Supplies

    6.1 Sample Collection. Same as Method 5, Section 6.1, with the 
exception of the following:
    6.1.1 Sampling Train. Same as Method 5, Section 6.1.1, with the 
exception of the following:
    6.1.2 Probe Liner. Borosilicate or quartz glass tubing. A heating 
system capable of maintaining a gas temperature of 120 14 [deg]C (248 25 [deg]F) at the 
probe exit during sampling to prevent water condensation may be used.

    Note: Do not use metal probe liners.

    6.1.3 Filter Holder. Borosilicate glass, with a glass frit filter 
support and a silicone rubber gasket. Other materials of construction 
(e.g., stainless steel, Teflon, Viton) may be used, subject to the 
approval of the Administrator. The holder design shall provide a 
positive seal against leakage from the outside or around the filter. The 
holder shall be attached immediately at the outlet of the probe. A 
heating system capable of maintaining the filter at a minimum 
temperature in the range of the stack temperature may be used to prevent 
condensation from occurring.
    6.1.4 Impingers. Four Greenburg-Smith impingers connected in series 
with leak-free ground glass fittings or any similar leak-free 
noncontaminating fittings. For the first, third, and fourth impingers, 
use impingers that are modified by replacing the tip with a 13 mm-ID 
(0.5 in.) glass tube extending to 13 mm (0.5 in.) from the bottom of the 
flask may be used.
    6.2 Sample Recovery. The following items are needed for sample 
recovery:

[[Page 267]]

    6.2.1 Probe Cleaning Rod. At least as long as probe.
    6.2.2 Glass Sample Bottles. Leakless, with Teflon-lined caps, 1000 
ml.
    6.2.3 Petri Dishes. For filter samples, glass or polyethylene, 
unless otherwise specified by the Administrator.
    6.2.4 Graduated Cylinder. 250 ml.
    6.2.5 Funnel and Rubber Policeman. To aid in transfer of silica gel 
to container; not necessary if silica gel is weighed in the field.
    6.2.6 Funnel. Glass, to aid in sample recovery.
    6.2.7 Plastic Jar. Approximately 300 ml.
    6.3 Analysis. The following items are needed for sample analysis:
    6.3.1 Atomic Absorption Spectrophotometer. Perkin-Elmer 303, or 
equivalent, with nitrous oxide/acetylene burner.
    6.3.2 Hot Plate.
    6.3.3 Perchloric Acid Fume Hood.

                       7.0 Reagents and Standards

    Note: Unless otherwise indicated, it is intended that all reagents 
conform to the specifications established by the Committee on Analytical 
Reagents of the American Chemical Society, where such specifications are 
available; otherwise, use the best available grade.
    7.1 Sample Collection. Same as Method 5, Section 7.1, including 
deionized distilled water conforming to ASTM D 1193-77 or 91 
(incorporated by reference--see Sec.  61.18), Type 3. The Millipore AA 
filter is recommended.
    7.2 Sample Recovery. Same as Method 5 in appendix A, part 60, 
Section 7.2, with the addition of the following:
    7.2.1 Wash Acid, 50 Percent (V/V) Hydrochloric Acid (HCl). Mix equal 
volumes of concentrated HCl and water, being careful to add the acid 
slowly to the water.
    7.3 Sample Preparation and Analysis. The following reagents and 
standards and standards are needed for sample preparation and analysis:
    7.3.1 Water. Same as in Section 7.1.
    7.3.2. Perchloric Acid (HClO4). Concentrated (70 percent 
V/V).
    7.3.3 Nitric Acid (HNO3). Concentrated.
    7.3.4 Beryllium Powder. Minimum purity 98 percent.
    7.3.5 Sulfuric Acid (H2SO4) Solution, 12 N. 
Dilute 33 ml of concentrated H2SO4 to 1 liter with 
water.
    7.3.6 Hydrochloric Acid Solution, 25 Percent HCl (V/V).
    7.3.7 Stock Beryllium Standard Solution, 10 [micro]g Be/ml. Dissolve 
10.0 mg of Be in 80 ml of 12 N H2SO4 in a 1000-ml 
volumetric flask. Dilute to volume with water. This solution is stable 
for at least one month. Equivalent strength Be stock solutions may be 
prepared from Be salts such as BeCl2 and 
Be(NO3)2 (98 percent minimum purity).
    7.3.8 Working Beryllium Standard Solution, 1 [micro]g Be/ml. Dilute 
a 10 ml aliquot of the stock beryllium standard solution to 100 ml with 
25 percent HCl solution to give a concentration of 1 mg/ml. Prepare this 
dilute stock solution fresh daily.

       8.0 Sample Collection, Preservation, Transport, and Storage

    The amount of Be that is collected is generally small, therefore, it 
is necessary to exercise particular care to prevent contamination or 
loss of sample.
    8.1 Pretest Preparation. Same as Method 5, Section 8.1, except omit 
Section 8.1.3.
    8.2 Preliminary Determinations. Same as Method 5, Section 8.2, with 
the exception of the following:
    8.2.1 Select a nozzle size based on the range of velocity heads to 
assure that it is not necessary to change the nozzle size in order to 
maintain isokinetic sampling rates below 28 liters/min (1.0 cfm).
    8.2.2 Obtain samples over a period or periods of time that 
accurately determine the maximum emissions that occur in a 24-hour 
period. In the case of cyclic operations, perform sufficient sample runs 
for the accurate determination of the emissions that occur over the 
duration of the cycle. A minimum sample time of 2 hours per run is 
recommended.
    8.3 Preparation of Sampling Train. Same as Method 5, Section 8.3, 
with the exception of the following:
    8.3.1 Prior to assembly, clean all glassware (probe, impingers, and 
connectors) by first soaking in wash acid for 2 hours, followed by 
rinsing with water.
    8.3.2 Save a portion of the water for a blank analysis.
    8.3.3 Procedures relating to the use of metal probe liners are not 
applicable.
    8.3.4 Probe and filter heating systems are needed only if water 
condensation is a problem. If this is the case, adjust the heaters to 
provide a temperature at or above the stack temperature. However, 
membrane filters such as the Millipore AA are limited to about 107 
[deg]C (225 [deg]F). If the stack gas is in excess of about 93 [deg]C 
(200 [deg]F), consideration should be given to an alternate procedure 
such as moving the filter holder downstream of the first impinger to 
insure that the filter does not exceed its temperature limit. After the 
sampling train has been assembled, turn on and set the probe heating 
system, if applicable, at the desired operating temperature. Allow time 
for the temperatures to stabilize. Place crushed ice around the 
impingers.

    Note: An empty impinger may be inserted between the third impinger 
and the silica gel to remove excess moisture from the sample stream.

    8.4 Leak Check Procedures, Sampling Train Operation, and Calculation 
of Percent Isokinetic. Same as Method 5, Sections 8.4, 8.5, and 8.6, 
respectively.

[[Page 268]]

    8.5 Sample Recovery. Same as Method 5, Section 8.7, except treat the 
sample as follows: Transfer the probe and impinger assembly to a cleanup 
area that is clean, protected from the wind, and free of Be 
contamination. Inspect the train before and during this assembly, and 
note any abnormal conditions. Treat the sample as follows: Disconnect 
the probe from the impinger train.
    8.5.1 Container No. 1. Same as Method 5, Section 8.7.6.1.
    8.5.2 Container No. 2. Place the contents (measured to 1 ml) of the 
first three impingers into a glass sample bottle. Use the procedures 
outlined in Section 8.7.6.2 of Method 5, where applicable, to rinse the 
probe nozzle, probe fitting, probe liner, filter holder, and all 
glassware between the filter holder and the back half of the third 
impinger with water. Repeat this procedure with acetone. Place both 
water and acetone rinse solutions in the sample bottle with the contents 
of the impingers.
    8.5.3 Container No. 3. Same as Method 5, Section 8.7.6.3.
    8.6 Blanks.
    8.6.1 Water Blank. Save a portion of the water as a blank. Take 200 
ml directly from the wash bottle being used and place it in a plastic 
sample container labeled ``H2O blank.''
    8.6.2 Filter. Save two filters from each lot of filters used in 
sampling. Place these filters in a container labeled ``filter blank.''
    8.7 Post-test Glassware Rinsing. If an additional test is desired, 
the glassware can be carefully double rinsed with water and reassembled. 
However, if the glassware is out of use more than 2 days, repeat the 
initial acid wash procedure.

                           9.0 Quality Control

------------------------------------------------------------------------
                                 Quality control
           Section                   measure               Effect
------------------------------------------------------------------------
8.4, 10.1...................  Sampling equipment    Ensure accuracy and
                               leak checks and       precision of
                               calibration.          sampling
                                                     measurements.
10.2........................  Spectrophotometer     Ensure linearity of
                               calibration.          spectrophotometer
                                                     response to
                                                     standards.
11.5........................  Check for matrix      Eliminate matrix
                               effects.              effects.
------------------------------------------------------------------------

                  10.0 Calibration and Standardization

    Note: Maintain a laboratory log of all calibrations.
    10.1 Sampling Equipment. Same as Method 5, Section 10.0.
    10.2 Preparation of Standard Solutions. Pipet 1, 3, 5, 8, and 10 ml 
of the 1.0 [micro]g Be/ml working standard solution into separate 100 ml 
volumetric flasks, and dilute to the mark with water. The total amounts 
of Be in these standards are 1, 3, 5, 8, and 10 [micro]g, respectively.
    10.3 Spectrophotometer and Recorder. The Be response may be measured 
by either peak height or peak area. Analyze an aliquot of the 10-
[micro]g standard at 234.8 nm using a nitrous oxide/acetylene flame. 
Determine the maximum absorbance of the standard, and set this value to 
read 90 percent of the recorder full scale.
    10.4 Calibration Curve.
    10.4.1 After setting the recorder scale, analyze an appropriately 
sized aliquot of each standard and the BLANK (see Section 11) until two 
consecutive peaks agree within 3 percent of their average value.
    10.4.3 Subtract the average peak height (or peak area) of the 
blank--which must be less than 2 percent of recorder full scale--from 
the averaged peak heights of the standards. If the blank absorbance is 
greater than 2 percent of full-scale, the probable cause is Be 
contamination of a reagent or carry-over of Be from a previous sample. 
Prepare the calibration curve by plotting the corrected peak height of 
each standard solution versus the corresponding total Be weight in the 
standard (in [micro]g).
    10.5 Spectrophotometer Calibration Quality Control. Calculate the 
least squares slope of the calibration curve. The line must pass through 
the origin or through a point no further from the origin than 2 percent of the recorder full scale. Multiply the 
corrected peak height by the reciprocal of the least squares slope to 
determine the distance each calibration point lies from the theoretical 
calibration line. The difference between the calculated concentration 
values and the actual concentrations (i.e., 1, 3, 5, 8, and 10 [micro]g 
Be) must be less than 7 percent for all standards.

                        11.0 Analytical Procedure

    11.1 Sample Loss Check. Prior to analysis, check the liquid level in 
Container No. 2. Note on the analytical data sheet whether leakage 
occurred during transport. If a noticeable amount of leakage occurred, 
either void the sample or take steps, subject to the approval of the 
Administrator, to adjust the final results.
    11.2 Glassware Cleaning. Before use, clean all glassware according 
to the procedure of Section 8.3.1.
    11.3 Sample Preparation. The digestion of Be samples is accomplished 
in part in concentrated HClO4.

    Note: The sample must be heated to light brown fumes after the 
initial HNO3 addition;

[[Page 269]]

otherwise, dangerous perchlorates may result from the subsequent 
HClO4 digestion. HClO4 should be used only under a 
hood.

    11.3.1 Container No. 1. Transfer the filter and any loose 
particulate matter from Container No. 1 to a 150-ml beaker. Add 35 ml 
concentrated HNO3. To oxidize all organic matter, heat on a 
hotplate until light brown fumes are evident. Cool to room temperature, 
and add 5 ml 12 N H2SO4 and 5 ml concentrated 
HClO4.
    11.3.2 Container No. 2. Place a portion of the water and acetone 
sample into a 150 ml beaker, and put on a hotplate. Add portions of the 
remainder as evaporation proceeds and evaporate to dryness. Cool the 
residue, and add 35 ml concentrated HNO3. To oxidize all 
organic matter, heat on a hotplate until light brown fumes are evident. 
Cool to room temperature, and add 5 ml 12 N H2SO4 
and 5 ml concentrated HClO4. Then proceed with step 11.3.4.
    11.3.3 Final Sample Preparation. Add the sample from Section 11.3.2 
to the 150-ml beaker from Section 11.3.1. Replace on a hotplate, and 
evaporate to dryness in a HClO4 hood. Cool the residue to 
room temperature, add 10.0 ml of 25 percent V/V HCl, and mix to dissolve 
the residue.
    11.3.4 Filter and Water Blanks. Cut each filter into strips, and 
treat each filter individually as directed in Section 11.3.1. Treat the 
200-ml water blank as directed in Section 11.3.2. Combine and treat 
these blanks as directed in Section 11.3.3.
    11.4 Spectrophotometer Preparation. Turn on the power; set the 
wavelength, slit width, and lamp current; and adjust the background 
corrector as instructed by the manufacturer's manual for the particular 
atomic absorption spectrophotometer. Adjust the burner and flame 
characteristics as necessary.
    11.5 Analysis. Calibrate the analytical equipment and develop a 
calibration curve as outlined in Sections 10.4 and 10.5.
    11.5.1 Beryllium Samples. Repeat the procedure used to establish the 
calibration curve with an appropriately sized aliquot of each sample 
(from Section 11.3.3) until two consecutive peak heights agree within 3 
percent of their average value. The peak height of each sample must be 
greater than 10 percent of the recorder full scale. If the peak height 
of the sample is off scale on the recorder, further dilute the original 
source sample to bring the Be concentration into the calibration range 
of the spectrophotometer.
    11.5.2 Run a blank and standard at least after every five samples to 
check the spectrophotometer calibration. The peak height of the blank 
must pass through a point no further from the origin than 2 percent of the recorder full scale. The difference 
between the measured concentration of the standard (the product of the 
corrected peak height and the reciprocal of the least squares slope) and 
the actual concentration of the standard must be less than 7 percent, or 
recalibration of the analyzer is required.
    11.5.3 Check for Matrix Effects (optional). Use the Method of 
Standard Additions (see Reference 2 in Section 17.0) to check at least 
one sample from each source for matrix effects on the Be results. If the 
results of the Method of Standard Additions procedure used on the single 
source sample do not agree to within 5 percent of the value obtained by 
the routine atomic absorption analysis, then reanalyze all samples from 
the source using the Method of Standard Additions procedure.
    11.6 Container No. 2 (Silica Gel). Weigh the spent silica gel (or 
silica gel plus impinger) to the nearest 0.5 g using a balance. (This 
step may be conducted in the field.)

                   12.0 Data Analysis and Calculations

    Carry out calculations, retaining at least one extra decimal 
significant figure beyond that of the acquired data. Round off figures 
only after the final calculation. Other forms of the equations may be 
used as long as they give equivalent results.
    12.1 Nomenclature.

K1 = 0.3858 [deg]K/mm Hg for metric units.
    = 17.64 [deg]R/in. Hg for English units.
K3 = 10-6 g/[micro]g for metric units.
     = 2.2046 x 10-9 lb/[micro]g for English units.
mBe = Total weight of beryllium in the source sample.
Ps = Absolute stack gas pressure, mm Hg (in. Hg).
t = Daily operating time, sec/day.
Ts = Absolute average stack gas temperature, [deg]K ([deg]R).
Vm(std) = Dry gas sample volume at standard conditions, scm 
          (scf).
Vw(std) = Volume of water vapor at standard conditions, scm 
          (scf).

    12.2 Average Dry Gas Meter Temperature and Average Orifice Pressure 
Drop, Dry Gas Volume, Volume of Water Vapor Condensed, Moisture Content, 
Isokinetic Variation, and Stack Gas Velocity and Volumetric Flow Rate. 
Same as Method 5, Sections 12.2 through 12.5, 12.11, and 12.12, 
respectively.
    12.3 Total Beryllium. For each source sample, correct the average 
maximum absorbance of the two consecutive samples whose peak heights 
agree within 3 percent of their average for the contribution of the 
solution blank (see Sections 11.3.4 and 11.5.2). Correcting for any 
dilutions if necessary, use the calibration curve and these corrected 
averages to determine the total weight of Be in each source sample.
    12.4 Beryllium Emission Rate. Calculate the daily Hg emission rate, 
R, using Equation 104-1. For continuous operations, the operating time 
is equal to 86,400 seconds per day. For cyclic operations, use only the 
time

[[Page 270]]

per day each stack is in operation. The total Hg emission rate from a 
source will be the summation of results from all stacks.
[GRAPHIC] [TIFF OMITTED] TR17OC00.505

    12.5 Determination of Compliance. Each performance test consists of 
three sample runs. For the purpose of determining compliance with an 
applicable national emission standard, use the average of the results of 
all sample runs.

                   13.0 Method Performance. [Reserved]

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                       16.0 Alternative Procedures

    16.1 Inductively Coupled Plasma-Atomic Emission Spectrometry (ICP-
AES) Analysis. ICP-AES may be used as an alternative to atomic 
absorption analysis provided the following conditions are met:
    16.1.1 Sample collection, sample preparation, and analytical 
preparation procedures are as defined in the method except as necessary 
for the ICP-AES application.
    16.1.2 Quality Assurance/Quality Control procedures, including audit 
material analysis, are conducted as prescribed in the method. The QA 
acceptance conditions must be met.
    16.1.3 The limit of quantitation for the ICP-AES must be 
demonstrated and the sample concentrations reported should be no less 
than two times the limit of quantitation. The limit of quantitation is 
defined as ten times the standard deviation of the blank value. The 
standard deviation of the blank value is determined from the analysis of 
seven blanks. It has been reported that for mercury and those elements 
that form hydrides, a continuous-flow generator coupled to an ICP-AES 
offers detection limits comparable to cold vapor atomic absorption.
    16.2 Inductively Coupled Plasma-Mass Spectrometry (ICP-MS) Analysis. 
ICP-MS may be used as an alternative to atomic absorption analysis.
    16.3 Cold Vapor Atomic Fluorescence Spectrometry (CVAFS) Analysis. 
CVAFS may be used as an alternative to atomic absorption analysis.

                             17.0 References

    Same as References 1, 2, and 4-11 of Section 16.0 of Method 101 with 
the addition of the following:
    1. Amos, M.D., and J.B. Willis. Use of High-Temperature Pre-Mixed 
Flames in Atomic Absorption Spectroscopy. Spectrochim. Acta. 22:1325. 
1966.
    2. Fleet, B., K.V. Liberty, and T. S. West. A Study of Some Matrix 
Effects in the Determination of Beryllium by Atomic Absorption 
Spectroscopy in the Nitrous Oxide-Acetylene Flame. Talanta 17:203. 1970.

    18.0 Tables, Diagrams, Flowcharts, And Validation Data [Reserved]

   Method 105--Determination of Mercury in Wastewater Treatment Plant 
                             Sewage Sludges

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from other methods in this part. Therefore, to obtain reliable results, 
persons using this method should also have a thorough knowledge of at 
least the following additional test methods: Method 101 and Method 101A.

                        1.0 Scope and Application

    1.1 Analytes.

------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Mercury (Hg)...................       7439-97-6   Dependent upon
                                                   spectrophotometer and
                                                   recorder.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable for the determination 
of total organic and inorganic Hg content in sewage sludges.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

[[Page 271]]

                          2.0 Summary of Method

    2.1 Time-composite sludge samples are withdrawn from the conveyor 
belt subsequent to dewatering and before incineration or drying. A 
weighed portion of the sludge is digested in aqua regia and is oxidized 
by potassium permanganate (KMnO4). Mercury in the digested 
sample is then measured by the conventional spectrophotometric cold-
vapor technique.

                       3.0 Definitions [Reserved]

                      4.0 Interferences [Reserved]

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user of this test method to establish appropriate safety and health 
practices and determine the applicability of regulatory limitations 
prior to performing this test method.
    5.2 Corrosive Reagents. The following reagents are hazardous. 
Personal protective equipment and safe procedures are useful in 
preventing chemical splashes. If contact occurs, immediately flush with 
copious amounts of water at least 15 minutes. Remove clothing under 
shower and decontaminate. Treat residual chemical burn as thermal burn.
    5.2.1 Hydrochloric Acid (HCl). Highly toxic. Vapors are highly 
irritating to eyes, skin, nose, and lungs, causing severe damage. May 
cause bronchitis, pneumonia, or edema of lungs. Exposure to 
concentrations of 0.13 to 0.2 percent can be lethal to humans in a few 
minutes. Provide ventilation to limit exposure. Reacts with metals, 
producing hydrogen gas.
    5.2.2 Nitric Acid (HNO3). Highly corrosive to eyes, skin, 
nose, and lungs. Vapors cause bronchitis, pneumonia, or edema of lungs. 
Reaction to inhalation may be delayed as long as 30 hours and still be 
fatal. Provide ventilation to limit exposure. Strong oxidizer. Hazardous 
reaction may occur with organic materials such as solvents.

                       6.0 Equipment and Supplies

    6.1 Sample Collection and Mixing. The following items are required 
for collection and mixing of the sludge samples:
    6.1.1 Container. Plastic, 50-liter.
    6.1.2 Scoop. To remove 950-ml (1 quart.) sludge sample.
    6.1.3 Mixer. Mortar mixer, wheelbarrow-type, 57-liter (or 
equivalent) with electricity-driven motor.
    6.1.4 Blender. Waring-type, 2-liter.
    6.1.5 Scoop. To remove 100-ml and 20-ml samples of blended sludge.
    6.1.6 Erlenmeyer Flasks. Four, 125-ml.
    6.1.7 Beakers. Glass beakers in the following sizes: 50 ml (1), 200 
ml (1), 400 ml (2).
    6.2 Sample Preparation and Analysis. Same as Method 101, Section 
6.3, with the addition of the following:
    6.2.1 Hot Plate.
    6.2.2 Desiccator.
    6.2.3 Filter Paper. S and S No. 588 (or equivalent).
    6.2.4 Beakers. Glass beakers, 200 ml and 400 ml (2 each).

                       7.0 Reagents and Standards

    Note: Unless otherwise indicated, it is intended that all reagents 
conform to the specifications established by the Committee on Analytical 
Reagents of the American Chemical Society, where such specifications are 
available; otherwise, use the best available grade.
    7.1 Sample Analysis. Same as Method 101A, Section 7.2, with the 
following additions and exceptions:
    7.1.1 Hydrochloric Acid. The concentrated HCl specified in Method 
101A, Section 7.2.4, is not required.
    7.1.2 Aqua Regia. Prepare immediately before use. Carefully add one 
volume of concentrated HNO3 to three volumes of concentrated 
HCl.

       8.0 Sample Collection, Preservation, Storage, and Transport

    8.1 Sludge Sampling. Withdraw equal volume increments of sludge [for 
a total of at least 15 liters (16 quarts)] at intervals of 30 min over 
an 8-hr period, and combine in a rigid plastic container.
    8.2 Sludge Mixing. Transfer the entire 15-liter sample to a mortar 
mixer. Mix the sample for a minimum of 30 min at 30 rpm. Take six 100-ml 
portions of sludge, and combine in a 2-liter blender. Blend sludge for 5 
min; add water as necessary to give a fluid consistency. Immediately 
after stopping the blender, withdraw four 20-ml portions of blended 
sludge, and place them in separate, tared 125-ml Erlenmeyer flasks. 
Reweigh each flask to determine the exact amount of sludge added.
    8.3 Sample Holding Time. Samples shall be analyzed within the time 
specified in the applicable subpart of the regulations.

                           9.0 Quality Control

------------------------------------------------------------------------
                                 Quality control
            Section                  measure               Effect
------------------------------------------------------------------------
10.0..........................  Spectrophotometer  Ensure linearity of
                                 calibration.       spectrophotometer
                                                    response to
                                                    standards.
11.0..........................  Check for matrix   Eliminate matrix
                                 effects.           effects.
------------------------------------------------------------------------


[[Page 272]]

                  10.0 Calibration and Standardization

    Same as Method 101A, Section 10.2.

                       11.0 Analytical Procedures

    11.1 Solids Content of Blended Sludge. Dry one of the 20-ml blended 
samples from Section 8.2 in an oven at 105 [deg]C (221 [deg]F) to 
constant weight. Cool in a desiccator, weigh and record the dry weight 
of the sample.
    11.2 Aqua Regia Digestion of Blended Samples.
    11.2.1 To each of the three remaining 20-ml samples from Section 8.2 
add 25 ml of aqua regia, and digest the on a hot plate at low heat (do 
not boil) for 30 min, or until samples are a pale yellow-brown color and 
are void of the dark brown color characteristic of organic matter. 
Remove from hotplate and allow to cool.
    11.2.2 Filter each digested sample separately through an S and S No. 
588 filter or equivalent, and rinse the filter contents with 50 ml of 
water. Transfer the filtrate and filter washing to a 100-ml volumetric 
flask, and carefully dilute to volume with water.
    11.3 Solids Content of the Sludge Before Blending. Remove two 100-ml 
portions of mixed sludge from the mortar mixer and place in separate, 
tared 400-ml beakers. Reweigh each beaker to determine the exact amount 
of sludge added. Dry in oven at 105 [deg]C (221 [deg]F) and cool in a 
desiccator to constant weight.
    11.4 Analysis for Mercury. Analyze the three aqua regia-digested 
samples using the procedures outlined in Method 101A, Section 11.0.

                   12.0 Data Analysis and Calculations

    12.1 Nomenclature.

Cm = Concentration of Hg in the digested sample, [micro]g/g.
Fsb = Weight fraction of solids in the blended sludge.
Fsm = Weight fraction of solids in the collected sludge after 
mixing.
M = Hg content of the sewage sludge (on a dry basis), [micro]g/g.
m = Mass of Hg in the aliquot of digested sample analyzed, [micro]g.
n = number of digested samples (specified in Section 11.2 as three).
Va = Volume of digested sample analyzed, ml.
Vs = Volume of digested sample, ml.
Wb = Weight of empty sample beaker, g.
Wbs = Weight of sample beaker and sample, g.
Wbd = Weight of sample beaker and sample after drying, g.
Wf = Weight of empty sample flask, g.
Wfd = Weight of sample flask and sample after drying, g.
Wfs = Weight of sample flask and sample, g.

    12.2 Mercury Content of Digested Sample (Wet Basis).
    12.2.1 For each sample analyzed for Hg content, calculate the 
arithmetic mean maximum absorbance of the two consecutive samples whose 
peak heights agree 3 percent of their average. 
Correct this average value for the contribution of the blank. Use the 
calibration curve and these corrected averages to determine the final Hg 
concentration in the solution cell for each sludge sample.
    12.2.2 Calculate the average Hg concentration of the digested 
samples by correcting for any dilutions made to bring the sample into 
the working range of the spectrophotometer and for the weight of the 
sludge portion digested, using Equation 105-1.
[GRAPHIC] [TIFF OMITTED] TR17OC00.506

    12.3 Solids Content of Blended Sludge. Determine the solids content 
of the blended sludge using Equation 105-2.
[GRAPHIC] [TIFF OMITTED] TR17OC00.507

    12.4 Solids Content of Bulk Sample (before blending but, after 
mixing in mortar mixer). Determine the solids content of each 100 ml 
aliquot (Section 11.3), and average the results.

[[Page 273]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.508

    12.5 Mercury Content of Bulk Sample (Dry Basis). Average the results 
from the three samples from each 8-hr composite sample, and calculate 
the Hg concentration of the composite sample on a dry basis.
[GRAPHIC] [TIFF OMITTED] TR17OC00.509

                         13.0 Method Performance

    13.1 Range. The range of this method is 0.2 to 5 micrograms per 
gram; it may be extended by increasing or decreasing sample size.

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                             16.0 References

    1. Bishop, J.N. Mercury in Sediments. Ontario Water Resources 
Commission. Toronto, Ontario, Canada. 1971.
    2. Salma, M. Private Communication. EPA California/Nevada Basin 
Office. Alameda, California.
    3. Hatch, W.R. and W.L. Ott. Determination of Sub-Microgram 
Quantities of Mercury by Atomic Absorption Spectrophotometry. Analytical 
Chemistry. 40:2085. 1968.
    4. Bradenberger, H., and H. Bader. The Determination of Nanogram 
Levels of Mercury in Solution by a Flameless Atomic Absorption 
Technique. Atomic Absorption Newsletter. 6:101. 1967.
    5. Analytical Quality Control Laboratory (AQCL). Mercury in Sediment 
(Cold Vapor Technique) (Provisional Method). U.S. Environmental 
Protection Agency. Cincinnati, Ohio. April 1972.
    6. Kopp, J.F., M.C. Longbottom, and L.B. Lobring. ``Cold Vapor'' 
Method for Determining Mercury. Journal AWWA. 64(1):20-25. 1972.
    7. Manual of Methods for Chemical Analysis of Water and Wastes. U.S. 
Environmental Protection Agency. Cincinnati, Ohio. Publication No. EPA-
624/2-74-003. December 1974. pp. 118-138.
    8. Mitchell, W.J., M.R. Midgett, J. Suggs, R.J. Velton, and D. 
Albrink. Sampling and Homogenizing Sewage for Analysis. Environmental 
Monitoring and Support Laboratory, Office of Research and Development, 
U.S. Environmental Protection Agency. Research Triangle Park, N.C. March 
1979. p. 7.

   17.0 Tables, Diagrams, Flowcharts, and Validation Data. [Reserved]

 Method 106--Determination of Vinyl Chloride Emissions From Stationary 
                                 Sources

                        1.0 Scope and Application

    1.1 Analytes.

------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Vinyl Chloride (CH2:CHCl)......         75-01-4   Dependent upon
                                                   analytical equipment.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable for the determination 
of vinyl chloride emissions from ethylene dichloride, vinyl chloride, 
and polyvinyl chloride manufacturing processes. This method does not 
measure vinyl chloride contained in particulate matter.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    2.1 An integrated bag sample of stack gas containing vinyl chloride 
is subjected to GC analysis using a flame ionization detector (FID).

                       3.0 Definitions. [Reserved]

                            4.0 Interferences

    4.1 Resolution interferences of vinyl chloride may be encountered on 
some sources. Therefore, the chromatograph operator

[[Page 274]]

should select the column and operating parameters best suited to the 
particular analysis requirements. The selection made is subject to 
approval of the Administrator. Approval is automatic, provided that 
confirming data are produced through an adequate supplemental analytical 
technique, and that the data are available for review by the 
Administrator. An example of this would be analysis with a different 
column or GC/mass spectroscopy.

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user of this test method to establish appropriate safety and health 
practices and determine the applicability of regulatory limitations 
prior to performing this test method.
    5.2 Toxic Analyte. Care must be exercised to prevent exposure of 
sampling personnel to vinyl chloride, which is a carcinogen.

                       6.0 Equipment and Supplies

    6.1 Sample Collection (see Figure 106-1). The sampling train 
consists of the following components:
    6.1.1 Probe. Stainless steel, borosilicate glass, Teflon tubing (as 
stack temperature permits), or equivalent, equipped with a glass wool 
plug to remove particulate matter.
    6.1.2 Sample Lines. Teflon, 6.4-mm outside diameter, of sufficient 
length to connect probe to bag. Use a new unused piece for each series 
of bag samples that constitutes an emission test, and discard upon 
completion of the test.
    6.1.3 Quick Connects. Stainless steel, male (2) and female (2), with 
ball checks (one pair without), located as shown in Figure 106-1.
    6.1.4 Tedlar Bags. 50- to 100-liter capacity, to contain sample. 
Aluminized Mylar bags may be used if the samples are analyzed within 24 
hours of collection.
    6.1.5 Bag Containers. Rigid leak-proof containers for sample bags, 
with covering to protect contents from sunlight.
    6.1.6 Needle Valve. To adjust sample flow rates.
    6.1.7 Pump. Leak-free, with minimum of 2-liter/min capacity.
    6.1.8 Charcoal Tube. To prevent admission of vinyl chloride and 
other organics to the atmosphere in the vicinity of samplers.
    6.1.9 Flowmeter. For observing sampling flow rate; capable of 
measuring a flow range from 0.10 to 1.00 liter/min.
    6.1.10 Connecting Tubing. Teflon, 6.4-mm outside diameter, to 
assemble sampling train (Figure 106-1).
    6.1.11 Tubing Fittings and Connectors. Teflon or stainless steel, to 
assemble sampling training.
    6.2 Sample Recovery. Teflon tubing, 6.4-mm outside diameter, to 
connect bag to GC sample loop. Use a new unused piece for each series of 
bag samples that constitutes an emission test, and discard upon 
conclusion of analysis of those bags.
    6.3 Analysis. The following equipment is required:
    6.3.1 Gas Chromatograph. With FID potentiometric strip chart 
recorder and 1.0 to 5.0-ml heated sampling loop in automatic sample 
valve. The chromatographic system shall be capable of producing a 
response to 0.1-ppmv vinyl chloride that is at least as great as the 
average noise level. (Response is measured from the average value of the 
base line to the maximum of the wave form, while standard operating 
conditions are in use.)
    6.3.2 Chromatographic Columns. Columns as listed below. Other 
columns may be used provided that the precision and accuracy of the 
analysis of vinyl chloride standards are not impaired and that 
information is available for review confirming that there is adequate 
resolution of vinyl chloride peak. (Adequate resolution is defined as an 
area overlap of not more than 10 percent of the vinyl chloride peak by 
an interferent peak. Calculation of area overlap is explained in 
Procedure 1 of appendix C to this part: ``Determination of Adequate 
Chromatographic Peak Resolution.'')
    6.3.2.1 Column A. Stainless steel, 2.0 m by 3.2 mm, containing 80/
100-mesh Chromasorb 102.
    6.3.2.2 Column B. Stainless steel, 2.0 m by 3.2 mm, containing 20 
percent GE SF-96 on 60/ip-mesh Chromasorb P AW; or stainless steel, 1.0 
m by 3.2 mm containing 80/100-mesh Porapak T. Column B is required as a 
secondary column if acetaldehyde is present. If used, column B is placed 
after column A. The combined columns should be operated at 120 [deg]C 
(250 [deg]F).
    6.3.3 Rate Meters (2). Rotameter , or equivalent, 100-ml/min 
capacity, with flow control valves.
    6.3.4 Gas Regulators. For required gas cylinders.
    6.3.5 Temperature Sensor. Accurate to 1 [deg]C 
(2 [deg]F), to measure temperature of heated 
sample loop at time of sample injection.
    6.3.6 Barometer. Accurate to 5 mm Hg, to 
measure atmospheric pressure around GC during sample analysis.
    6.3.7 Pump. Leak-free, with minimum of 100-ml/min capacity.
    6.3.8 Recorder. Strip chart type, optionally equipped with either 
disc or electronic integrator.
    6.3.9 Planimeter. Optional, in place of disc or electronic 
integrator on recorder, to measure chromatograph peak areas.
    6.4 Calibration and Standardization.

[[Page 275]]

    6.4.1 Tubing. Teflon, 6.4-mm outside diameter, separate pieces 
marked for each calibration concentration.

    Note: The following items are required only if the optional standard 
gas preparation procedures (Section 10.1) are followed.

    6.4.2 Tedlar Bags. Sixteen-inch-square size, with valve; separate 
bag marked for each calibration concentration.
    6.4.3 Syringes. 0.5-ml and 50-[micro]l, gas tight, individually 
calibrated to dispense gaseous vinyl chloride.
    6.4.4 Dry Gas Meter with Temperature and Pressure Gauges. Singer 
Model DTM-115 with 802 index, or equivalent, to meter nitrogen in 
preparation of standard gas mixtures, calibrated at the flow rate used 
to prepare standards.

                       7.0 Reagents and Standards

    7.1 Analysis. The following reagents are required for analysis.
    7.1.1 Helium or Nitrogen. Purity 99.9995 percent or greater, for 
chromatographic carrier gas.
    7.1.2 Hydrogen. Purity 99.9995 percent or greater.
    7.1.3 Oxygen or Air. Either oxygen (purity 99.99 percent or greater) 
or air (less than 0.1 ppmv total hydrocarbon content), as required by 
detector.
    7.2 Calibration. Use one of the following options: either Sections 
7.2.1 and 7.2.2, or Section 7.2.3.
    7.2.1 Vinyl Chloride. Pure vinyl chloride gas certified by the 
manufacturer to contain a minimum of 99.9 percent vinyl chloride. If the 
gas manufacturer maintains a bulk cylinder supply of 99.9 + percent 
vinyl chloride, the certification analysis may have been performed on 
this supply, rather than on each gas cylinder prepared from this bulk 
supply. The date of gas cylinder preparation and the certified analysis 
must have been affixed to the cylinder before shipment from the gas 
manufacturer to the buyer.
    7.2.2 Nitrogen. Same as described in Section 7.1.1.
    7.2.3 Cylinder Standards. Gas mixture standards (50-,10-, and 5 ppmv 
vinyl chloride) in nitrogen cylinders may be used to directly prepare a 
chromatograph calibration curve as described in Section 10.3 if the 
following conditions are met: (a) The manufacturer certifies the gas 
composition with an accuracy of 3 percent or 
better. (b) The manufacturer recommends a maximum shelf life over which 
the gas concentration does not change by greater than 5 percent from the certified value. (c) The manufacturer 
affixes the date of gas cylinder preparation, certified vinyl chloride 
concentration, and recommended maximum shelf to the cylinder before 
shipment to the buyer.
    7.2.3.1 Cylinder Standards Certification. The manufacturer shall 
certify the concentration of vinyl chloride in nitrogen in each cylinder 
by (a) directly analyzing each cylinder and (b) calibrating his 
analytical procedure on the day of cylinder analysis. To calibrate his 
analytical procedure, the manufacturer shall use as a minimum, a three 
point calibration curve. It is recommended that the manufacturer 
maintain (1) a high concentration calibration standard (between 50 and 
100 ppmv) to prepare his calibration curve by an appropriate dilution 
technique and (2) a low-concentration calibration standard (between 5 
and 10 ppmv) to verify the dilution technique used. If the difference 
between the apparent concentration read from the calibration curve and 
the true concentration assigned to the low-concentration calibration 
standard exceeds 5 percent of the true concentration, the manufacturer 
shall determine the source of error and correct it, then repeat the 
three-point calibration.
    7.2.3.2 Verification of Manufacturer's Calibration Standards. Before 
using a standard, the manufacturer shall verify each calibration 
standard (a) by comparing it to gas mixtures prepared (with 99 mole 
percent vinyl chloride) in accordance with the procedure described in 
Section 7.2.1 or (b) calibrating it against vinyl chloride cylinder 
Standard Reference Materials (SRM's) prepared by the National Institute 
of Standards and Technology, if such SRM's are available. The agreement 
between the initially determined concentration value and the 
verification concentration value must be 5 
percent. The manufacturer must reverify all calibration standards on a 
time interval consistent with the shelf life of the cylinder standards 
sold.

       8.0 Sample Collection, Preservation, Storage, and Transport

    Note: Performance of this method should not be attempted by persons 
unfamiliar with the operation of a gas chromatograph (GC) nor by those 
who are unfamiliar with source sampling, because knowledge beyond the 
scope of this presentation is required.

    8.1 Bag Leak-Check. The following leak-check procedure is 
recommended, but not required, prior to sample collection. The post-test 
leak-check procedure is mandatory. Connect a water manometer and 
pressurize the bag to 5 to 10 cm H2O (2 to 4 in. 
H2O). Allow to stand for 10 min. Any displacement in the 
water manometer indicates a leak. Also, check the rigid container for 
leaks in this manner.

    Note: An alternative leak-check method is to pressurize the bag to 5 
to 10 cm H2O and allow it to stand overnight. A deflated bag indicates a 
leak. For each sample bag in its rigid container, place a rotameter in 
line between the bag and the pump inlet. Evacuate the bag. Failure of 
the rotameter to register

[[Page 276]]

zero flow when the bag appears to be empty indicates a leak.

    8.2 Sample Collection. Assemble the sample train as shown in Figure 
106-1. Join the quick connects as illustrated, and determine that all 
connection between the bag and the probe are tight. Place the end of the 
probe at the centroid of the stack and start the pump with the needle 
valve adjusted to yield a flow that will fill over 50 percent of bag 
volume in the specific sample period. After allowing sufficient time to 
purge the line several times, change the vacuum line from the container 
to the bag and evacuate the bag until the rotameter indicates no flow. 
Then reposition the sample and vacuum lines and begin the actual 
sampling, keeping the rate proportional to the stack velocity. At all 
times, direct the gas exiting the rotameter away from sampling 
personnel. At the end of the sample period, shut off the pump, 
disconnect the sample line from the bag, and disconnect the vacuum line 
from the bag container. Protect the bag container from sunlight.
    8.3 Sample Storage. Keep the sample bags out of direct sunlight. 
When at all possible, analysis is to be performed within 24 hours, but 
in no case in excess of 72 hours of sample collection. Aluminized Mylar 
bag samples must be analyzed within 24 hours.
    8.4 Post-test Bag Leak-Check. Subsequent to recovery and analysis of 
the sample, leak-check the sample bag according to the procedure 
outlined in Section 8.1.

                           9.0 Quality Control

------------------------------------------------------------------------
                                 Quality control
           Section                   measure               Effect
------------------------------------------------------------------------
10.3........................  Chromatograph         Ensure precision and
                               calibration.          accuracy of
                                                     chromatograph.
------------------------------------------------------------------------

                  10.0 Calibration and Standardization

    Note: Maintain a laboratory log of all calibrations.

    10.1 Preparation of Vinyl Chloride Standard Gas Mixtures. (Optional 
Procedure-delete if cylinder standards are used.) Evacuate a 16-inch 
square Tedlar bag that has passed a leak-check (described in Section 
8.1) and meter in 5.0 liters of nitrogen. While the bag is filling, use 
the 0.5-ml syringe to inject 250 [micro]l of 99.9 + percent vinyl 
chloride gas through the wall of the bag. Upon withdrawing the syringe, 
immediately cover the resulting hole with a piece of adhesive tape. The 
bag now contains a vinyl chloride concentration of 50 ppmv. In a like 
manner use the 50 [micro]l syringe to prepare gas mixtures having 10-and 
5-ppmv vinyl chloride concentrations. Place each bag on a smooth surface 
and alternately depress opposite sides of the bag 50 times to further 
mix the gases. These gas mixture standards may be used for 10 days from 
the date of preparation, after which time new gas mixtures must be 
prepared. (Caution: Contamination may be a problem when a bag is reused 
if the new gas mixture standard is a lower concentration than the 
previous gas mixture standard.)
    10.2 Determination of Vinyl Chloride Retention Time. (This section 
can be performed simultaneously with Section 10.3.) Establish 
chromatograph conditions identical with those in Section 11.3. Determine 
proper attenuator position. Flush the sampling loop with helium or 
nitrogen and activate the sample valve. Record the injection time, 
sample loop temperature, column temperature, carrier gas flow rate, 
chart speed, and attenuator setting. Record peaks and detector responses 
that occur in the absence of vinyl chloride. Maintain conditions with 
the equipment plumbing arranged identically to Section 11.2, and flush 
the sample loop for 30 seconds at the rate of 100 ml/min with one of the 
vinyl chloride calibration mixtures. Then activate the sample valve. 
Record the injection time. Select the peak that corresponds to vinyl 
chloride. Measure the distance on the chart from the injection time to 
the time at which the peak maximum occurs. This quantity divided by the 
chart speed is defined as the retention time. Since other organics may 
be present in the sample, positive identification of the vinyl chloride 
peak must be made.
    10.3 Preparation of Chromatograph Calibration Curve. Make a GC 
measurement of each gas mixture standard (described in Section 7.2.3 or 
10.1) using conditions identical to those listed in Sections 11.2 and 
11.3. Flush the sampling loop for 30 seconds at the rate of 100 ml/min 
with one of the standard mixtures, and activate the sample valve. Record 
the concentration of vinyl chloride injected (Cc), attenuator 
setting, chart speed, peak area, sample loop temperature, column 
temperature, carrier gas flow rate, and retention time. Record the 
barometric pressure. Calculate Ac, the peak area multiplied 
by the attenuator setting. Repeat until two consecutive injection areas 
are within 5 percent, then plot the average of those two values versus 
Cc. When the other standard gas mixtures have been similarly 
analyzed and plotted, draw a straight line through the points derived by 
the least squares method. Perform calibration daily, or before and after 
the analysis of each emission test set of bag samples, whichever is more 
frequent. For each group of sample analyses, use the average of the two 
calibration curves which

[[Page 277]]

bracket that group to determine the respective sample concentrations. If 
the two calibration curves differ by more than 5 percent from their mean 
value, then report the final results by both calibration curves.

                        11.0 Analytical Procedure

    11.2 Sample Recovery. With a new piece of Teflon tubing identified 
for that bag, connect a bag inlet valve to the gas chromatograph sample 
valve. Switch the valve to receive gas from the bag through the sample 
loop. Arrange the equipment so the sample gas passes from the sample 
valve to 100-ml/min rotameter with flow control valve followed by a 
charcoal tube and a 1-in. H2O pressure gauge. Maintain the 
sample flow either by a vacuum pump or container pressurization if the 
collection bag remains in the rigid container. After sample loop purging 
is ceased, allow the pressure gauge to return to zero before activating 
the gas sampling valve.
    11.3 Analysis.
    11.3.1 Set the column temperature to 100 [deg]C (210 [deg]F) and the 
detector temperature to 150 [deg]C (300 [deg]F). When optimum hydrogen 
and oxygen (or air) flow rates have been determined, verify and maintain 
these flow rates during all chromatography operations. Using helium or 
nitrogen as the carrier gas, establish a flow rate in the range 
consistent with the manufacturer's requirements for satisfactory 
detector operation. A flow rate of approximately 40 ml/min should 
produce adequate separations. Observe the base line periodically and 
determine that the noise level has stabilized and that base line drift 
has ceased. Purge the sample loop for 30 seconds at the rate of 100 ml/
min, shut off flow, allow the sample loop pressure to reach atmospheric 
pressure as indicated by the H2O manometer, then activate the 
sample valve. Record the injection time (the position of the pen on the 
chart at the time of sample injection), sample number, sample loop 
temperature, column temperature, carrier gas flow rate, chart speed, and 
attenuator setting. Record the barometric pressure. From the chart, note 
the peak having the retention time corresponding to vinyl chloride as 
determined in Section 10.2. Measure the vinyl chloride peak area, 
Am, by use of a disc integrator, electronic integrator, or a 
planimeter. Measure and record the peak heights, Hm. Record 
Am and retention time. Repeat the injection at least two 
times or until two consecutive values for the total area of the vinyl 
chloride peak agree within 5 percent of their average. Use the average 
value for these two total areas to compute the bag concentration.
    11.3.2 Compare the ratio of Hm to Am for the 
vinyl chloride sample with the same ratio for the standard peak that is 
closest in height. If these ratios differ by more than 10 percent, the 
vinyl chloride peak may not be pure (possibly acetaldehyde is present) 
and the secondary column should be employed (see Section 6.3.2.2).
    11.4 Determination of Bag Water Vapor Content. Measure the ambient 
temperature and barometric pressure near the bag. From a water 
saturation vapor pressure table, determine and record the water vapor 
content of the bag, Bwb, as a decimal figure. (Assume the 
relative humidity to be 100 percent unless a lesser value is known.)

                   12.0 Calculations and Data Analysis

    12.1 Nomenclature.

Am = Measured peak area.
Af = Attenuation factor.
Bwb = Water vapor content of the bag sample, as analyzed, 
volume fraction.
Cb = Concentration of vinyl chloride in the bag, ppmv.
Cc = Concentration of vinyl chloride in the standard sample, 
ppmv.
Pi = Laboratory pressure at time of analysis, mm Hg.
Pr = Reference pressure, the laboratory pressure recorded 
during calibration, mm Hg.
Ti = Absolute sample loop temperature at the time of 
analysis, [deg]K ([deg]R).
Tr = Reference temperature, the sample loop temperature 
recorded during calibration, [deg]K ([deg]R).

    12.2 Sample Peak Area. Determine the sample peak area, 
Ac, as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.510

    12.3 Vinyl Chloride Concentration. From the calibration curves 
prepared in Section 10.3, determine the average concentration value of 
vinyl chloride, Cc, that corresponds to Ac, the 
sample peak area. Calculate the concentration of vinyl chloride in the 
bag, Cb, as follows:

[[Page 278]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.511

                         13.0 Method Performance

    13.1 Analytical Range. This method is designed for the 0.1 to 50 
parts per million by volume (ppmv) range. However, common gas 
chromatograph (GC) instruments are capable of detecting 0.02 ppmv vinyl 
chloride. With proper calibration, the upper limit may be extended as 
needed.

                  14.0 Pollution Prevention, [Reserved]

                    15.0 Waste Management, [Reserved]

                             16.0 References

    1. Brown D.W., E.W. Loy, and M.H. Stephenson. Vinyl Chloride 
Monitoring Near the B. F. Goodrich Chemical Company in Louisville, KY. 
Region IV, U.S. Environmental Protection Agency, Surveillance and 
Analysis Division, Athens, GA. June 24, 1974.
    2. G.D. Clayton and Associates. Evaluation of a Collection and 
Analytical Procedure for Vinyl Chloride in Air. U.S. Environmental 
Protection Agency, Research Triangle Park, N.C. EPA Contract No. 68-02-
1408, Task Order No. 2, EPA Report No. 75-VCL-1. December 13, 1974.
    3. Midwest Research Institute. Standardization of Stationary Source 
Emission Method for Vinyl Chloride. U.S. Environmental Protection 
Agency, Research Triangle Park, N.C. Publication No. EPA-600/4-77-026. 
May 1977.
    4. Scheil, G. and M.C. Sharp. Collaborative Testing of EPA Method 
106 (Vinyl Chloride) that Will Provide for a Standardized Stationary 
Source Emission Measurement Method. U.S. Environmental Protection 
Agency, Research Triangle Park, N.C. Publication No. EPA 600/4-78-058. 
October 1978.

         17.0 Tables, Diagrams Flowcharts, and Validation Data.

[[Page 279]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.512

   Method 107--Determination of Vinyl Chloride Content of In-Process 
  Wastewater Samples, and Vinyl Chloride Content of Polyvinyl Chloride 
                Resin Slurry, Wet Cake, and Latex Samples

    Note: Performance of this method should not be attempted by persons 
unfamiliar with the operation of a gas chromatograph (GC) nor by those 
who are unfamiliar with source sampling, because knowledge beyond the 
scope of this presentation is required. This method does not include all 
of the specifications (e.g., equipment and supplies) and procedures 
(e.g., sampling and analytical) essential to its performance. Some 
material is incorporated by reference from other methods in this part. 
Therefore, to obtain reliable results, persons using this method should 
have

[[Page 280]]

a thorough knowledge of at least the following additional test methods: 
Method 106.

                        1.0 Scope and Application

    1.1 Analytes.

------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Vinyl Chloride (CH2:CHCl)......         75-01-4   Dependent upon
                                                   analytical equipment.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable for the determination 
of the vinyl chloride monomer (VCM) content of in-process wastewater 
samples, and the residual vinyl chloride monomer (RCVM) content of 
polyvinyl chloride (PVC) resins, wet, cake, slurry, and latex samples. 
It cannot be used for polymer in fused forms, such as sheet or cubes. 
This method is not acceptable where methods from section 304(h) of the 
Clean Water Act, 33 U.S.C. 1251 et seq. (the Federal Water Pollution 
Control Amendments of 1972 as amended by the Clean Water Act of 1977) 
are required.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    2.1 The basis for this method relates to the vapor equilibrium that 
is established at a constant known temperature in a closed system 
between RVCM, PVC resin, water, and air. The RVCM in a PVC resin will 
equilibrate rapidly in a closed vessel, provided that the temperature of 
the PVC resin is maintained above the glass transition temperature of 
that specific resin.
    2.2 A sample of PVC or in-process wastewater is collected in a vial 
or bottle and is conditioned. The headspace in the vial or bottle is 
then analyzed for vinyl chloride using gas chromatography with a flame 
ionization detector.

                       3.0 Definitions [Reserved]

                            4.0 Interferences

    4.1 The chromatograph columns and the corresponding operating 
parameters herein described normally provide an adequate resolution of 
vinyl chloride; however, resolution interferences may be encountered on 
some sources. Therefore, the chromatograph operator shall select the 
column and operating parameters best suited to his particular analysis 
requirements, subject to the approval of the Administrator. Approval is 
automatic provided that confirming data are produced through an adequate 
supplemental analytical technique, such as analysis with a different 
column or GC/mass spectroscopy, and that these data are made available 
for review by the Administrator.

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user of this test method to establish appropriate safety and health 
practices and determine the applicability of regulatory limitations 
prior to performing this test method.
    5.2 Toxic Analyte. Care must be exercised to prevent exposure of 
sampling personnel to vinyl chloride, which is a carcinogen. Do not 
release vinyl chloride to the laboratory atmosphere during preparation 
of standards. Venting or purging with VCM/air mixtures must be held to a 
minimum. When they are required, the vapor must be routed to outside 
air. Vinyl chloride, even at low ppm levels, must never be vented inside 
the laboratory. After vials have been analyzed, the gas must be vented 
prior to removal of the vial from the instrument turntable. Vials must 
be vented through a hypodermic needle connected to an activated charcoal 
tube to prevent release of vinyl chloride into the laboratory 
atmosphere. The charcoal must be replaced prior to vinyl chloride 
breakthrough.

                       6.0 Equipment and Supplies

    6.1 Sample Collection. The following equipment is required:
    6.1.1 Glass bottles. 60-ml (2-oz) capacity, with wax-lined screw-on 
tops, for PVC samples.
    6.1.2 Glass Vials. Headspace vials, with Teflon-faced butyl rubber 
sealing discs, for water samples.
    6.1.3 Adhesive Tape. To prevent loosening of bottle tops.
    6.2 Sample Recovery. The following equipment is required:
    6.2.1 Glass Vials. Headspace vials, with butyl rubber septa and 
aluminum caps. Silicone rubber is not acceptable.
    6.2.2 Analytical Balance. Capable of determining sample weight 
within an accuracy of 1 percent.
    6.2.3 Vial Sealer. To seal headspace vials.
    6.2.4 Syringe. 100-ml capacity.
    6.3 Analysis. The following equipment is required:
    6.3.1 Headspace Sampler and Chromatograph. Capable of sampling and 
analyzing a constant amount of headspace gas from a sealed vial, while 
maintaining that

[[Page 281]]

vial at a temperature of 90 [deg]C 0.5 [deg]C (194 
[deg]F 0.9 [deg]F). The chromatograph shall be 
equipped with a flame ionization detector (FID). Perkin-Elmer 
Corporation Models F-40, F-42, F-45, HS-6, and HS-100, and Hewlett-
Packard Corporation Model 19395A have been found satisfactory. 
Chromatograph backflush capability may be required.
    6.3.2 Chromatographic Columns. Stainless steel 1 m by 3.2 mm and 2 m 
by 3.2 mm, both containing 50/80-mesh Porapak Q. Other columns may be 
used provided that the precision and accuracy of the analysis of vinyl 
chloride standards are not impaired and information confirming that 
there is adequate resolution of the vinyl chloride peak are available 
for review. (Adequate resolution is defined as an area overlap of not 
more than 10 percent of the vinyl chloride peak by an interferant peak. 
Calculation of area overlap is explained in Procedure 1 of appendix C to 
this part: ``Determination of Adequate Chromatographic Peak 
Resolution.'') Two 1.83 m columns, each containing 1 percent Carbowax 
1500 on Carbopak B, have been found satisfactory for samples containing 
acetaldehyde.
    6.3.3 Temperature Sensor. Range 0 to 100 [deg]C (32 to 212 [deg]F) 
accurate to 0.1 [deg]C.
    6.3.4 Integrator-Recorder. To record chromatograms.
    6.3.5 Barometer. Accurate to 1 mm Hg.
    6.3.6 Regulators. For required gas cylinders.
    6.3.7 Headspace Vial Pre-Pressurizer. Nitrogen pressurized 
hypodermic needle inside protective shield.

                       7.0 Reagents and Standards

    7.1 Analysis. Same as Method 106, Section 7.1, with the addition of 
the following:
    7.1.1 Water. Interference-free.
    7.2 Calibration. The following items are required for calibration:
    7.2.1 Cylinder Standards (4). Gas mixture standards (50-, 500-, 
2000- and 4000-ppm vinyl chloride in nitrogen cylinders). Cylinder 
standards may be used directly to prepare a chromatograph calibration 
curve as described in Section 10.3, if the following conditions are met: 
(a) The manufacturer certifies the gas composition with an accuracy of 
3 percent or better (see Section 7.2.1.1). (b) The 
manufacturer recommends a maximum shelf life over which the gas 
concentration does not change by greater than 5 
percent from the certified value. (c) The manufacturer affixes the date 
of gas cylinder preparation, certified vinyl chloride concentration, and 
recommended maximum shelf life to the cylinder before shipment to the 
buyer.
    7.2.1.1 Cylinder Standards Certification. The manufacturer shall 
certify the concentration of vinyl chloride in nitrogen in each cylinder 
by (a) directly analyzing each cylinder and (b) calibrating the 
analytical procedure on the day of cylinder analysis. To calibrate the 
analytical procedure, the manufacturer shall use, as a minimum, a 3-
point calibration curve. It is recommended that the manufacturer 
maintain (1) a high-concentration calibration standard (between 4000 and 
8000 ppm) to prepare the calibration curve by an appropriate dilution 
technique and (2) a low-concentration calibration standard (between 50 
and 500 ppm) to verify the dilution technique used. If the difference 
between the apparent concentration read from the calibration curve and 
the true concentration assigned to the low-concentration calibration 
standard exceeds 5 percent of the true concentration, the manufacturer 
shall determine the source of error and correct it, then repeat the 3-
point calibration.
    7.2.1.2 Verification of Manufacturer's Calibration Standards. Before 
using, the manufacturer shall verify each calibration standard by (a) 
comparing it to gas mixtures prepared (with 99 mole percent vinyl 
chloride) in accordance with the procedure described in Section 10.1 of 
Method 106 or by (b) calibrating it against vinyl chloride cylinder 
Standard Reference Materials (SRMs) prepared by the National Institute 
of Standards and Technology, if such SRMs are available. The agreement 
between the initially determined concentration value and the 
verification concentration value must be within 5 percent. The 
manufacturer must reverify all calibration standards on a time interval 
consistent with the shelf life of the cylinder standards sold.

       8.0 Sample Collection, Preservation, Storage, and Transport

    8.1 Sample Collection.
    8.1.1 PVC Sampling. Allow the resin or slurry to flow from a tap on 
the tank or silo until the tap line has been well purged. Extend and 
fill a 60-ml sample bottle under the tap, and immediately tighten a cap 
on the bottle. Wrap adhesive tape around the cap and bottle to prevent 
the cap from loosening. Place an identifying label on each bottle, and 
record the date, time, and sample location both on the bottles and in a 
log book.
    8.1.2 Water Sampling. At the sampling location fill the vials 
bubble-free to overflowing so that a convex meniscus forms at the top. 
The excess water is displaced as the sealing disc is carefully placed, 
with the Teflon side down, on the opening of the vial. Place the 
aluminum seal over the disc and the neck of the vial, and crimp into 
place. Affix an identifying label on the bottle, and record the date, 
time, and sample location both on the vials and in a log book.
    8.2 Sample Storage. All samples must be analyzed within 24 hours of 
collection, and must be refrigerated during this period.

                           9.0 Quality Control

[[Page 282]]



------------------------------------------------------------------------
                                 Quality control
            Section                  measure               Effect
------------------------------------------------------------------------
10.3..........................  Chromatograph      Ensure precision and
                                 calibration.       accuracy of
                                                    chromatograph.
------------------------------------------------------------------------

                  10.0 Calibration and Standardization

    Note: Maintain a laboratory log of all calibrations.
    10.1 Preparation of Standards. Calibration standards are prepared as 
follows: Place 100 [micro]l or about two equal drops of distilled water 
in the sample vial, then fill the vial with the VCM/nitrogen standard, 
rapidly seat the septum, and seal with the aluminum cap. Use a \1/8\-in. 
stainless steel line from the cylinder to the vial. Do not use rubber or 
Tygon tubing. The sample line from the cylinder must be purged (into a 
properly vented hood) for several minutes prior to filling the vials. 
After purging, reduce the flow rate to between 500 and 1000 cc/min. 
Place end of tubing into vial (near bottom). Position a septum on top of 
the vial, pressing it against the \1/8\-in. filling tube to minimize the 
size of the vent opening. This is necessary to minimize mixing air with 
the standard in the vial. Each vial is to be purged with standard for 90 
seconds, during which time the filling tube is gradually slid to the top 
of the vial. After the 90 seconds, the tube is removed with the septum, 
simultaneously sealing the vial. Practice will be necessary to develop 
good technique. Rubber gloves should be worn during the above 
operations. The sealed vial must then be pressurized for 60 seconds 
using the vial prepressurizer. Test the vial for leakage by placing a 
drop of water on the septum at the needle hole. Prepressurization of 
standards is not required unless samples have been prepressurized.
    10.2 Analyzer Calibration. Calibration is to be performed each 8-
hour period the chromatograph is used. Alternatively, calibration with 
duplicate 50-, 500-, 2,000-, and 4,000-ppm standards (hereafter 
described as a four-point calibration) may be performed on a monthly 
basis, provided that a calibration confirmation test consisting of 
duplicate analyses of an appropriate standard is performed once per 
plant shift, or once per chromatograph carrousel operation (if the 
chromatograph operation is less frequent than once per shift). The 
criterion for acceptance of each calibration confirmation test is that 
both analyses of 500-ppm standards [2,000-ppm standards if dispersion 
resin (excluding latex resin) samples are being analyzed] must be within 
5 percent of the most recent four-point calibration curve. If this 
criterion is not met, then a complete four-point calibration must be 
performed before sample analyses can proceed.
    10.3 Preparation of Chromatograph Calibration Curve. Prepare two 
vials each of 50-, 500-, 2,000-, and 4,000-ppm standards. Run the 
calibration samples in exactly the same manner as regular samples. Plot 
As, the integrator area counts for each standard sample, 
versus Cc, the concentration of vinyl chloride in each 
standard sample. Draw a straight line through the points derived by the 
least squares method.

                        11.0 Analytical Procedure

    11.1 Preparation of Equipment. Install the chromatographic column 
and condition overnight at 160 [deg]C (320 [deg]F). In the first 
operation, Porapak columns must be purged for 1 hour at 230 [deg]C (450 
[deg]F).
    Do not connect the exit end of the column to the detector while 
conditioning. Hydrogen and air to the detector must be turned off while 
the column is disconnected.
    11.2 Flow Rate Adjustments. Adjust flow rates as follows:
    11.2.1. Nitrogen Carrier Gas. Set regulator on cylinder to read 50 
psig. Set regulator on chromatograph to produce a flow rate of 30.0 cc/
min. Accurately measure the flow rate at the exit end of the column 
using the soap film flowmeter and a stopwatch, with the oven and column 
at the analysis temperature. After the instrument program advances to 
the ``B'' (backflush) mode, adjust the nitrogen pressure regulator to 
exactly balance the nitrogen flow rate at the detector as was obtained 
in the ``A'' mode.
    11.2.2. Vial Prepressurizer Nitrogen.
    11.2.2.1 After the nitrogen carrier is set, solve the following 
equation and adjust the pressure on the vial prepressurizer accordingly.
[GRAPHIC] [TIFF OMITTED] TR17OC00.599

Where:

T1 = Ambient temperature, [deg]K ([deg]R).
T2 = Conditioning bath temperature, [deg]K ([deg]R).
P1 = Gas chromatograph absolute dosing pressure (analysis 
          mode), k Pa.

[[Page 283]]

Pw1 = Water vapor pressure 525.8 mm Hg @ 90 [deg]C.
Pw2 = Water vapor pressure 19.8 mm Hg @ 22 [deg]C.
7.50 = mm Hg per k Pa.
10 kPa = Factor to adjust the prepressurized pressure to slightly less 
          than the dosing pressure.

    11.2.2.2 Because of gauge errors, the apparatus may over-pressurize 
the vial. If the vial pressure is at or higher than the dosing pressure, 
an audible double injection will occur. If the vial pressure is too low, 
errors will occur on resin samples because of inadequate time for head-
space gas equilibrium. This condition can be avoided by running several 
standard gas samples at various pressures around the calculated 
pressure, and then selecting the highest pressure that does not produce 
a double injection. All samples and standards must be pressurized for 60 
seconds using the vial prepressurizer. The vial is then placed into the 
90 [deg]C conditioning bath and tested for leakage by placing a drop of 
water on the septum at the needle hole. A clean, burr-free needle is 
mandatory.
    11.2.3. Burner Air Supply. Set regulator on cylinder to read 50 
psig. Set regulator on chromatograph to supply air to burner at a rate 
between 250 and 300 cc/min. Check with bubble flowmeter.
    11.2.4. Hydrogen Supply. Set regulator on cylinder to read 30 psig. 
Set regulator on chromatograph to supply approximately 35 5 cc/min. Optimize hydrogen flow to yield the most 
sensitive detector response without extinguishing the flame. Check flow 
with bubble meter and record this flow.
    11.3 Temperature Adjustments. Set temperatures as follows:
    11.3.1. Oven (chromatograph column), 140 [deg]C (280 [deg]F).
    11.3.2. Dosing Line, 150 [deg]C (300 [deg]F).
    11.3.3. Injection Block, 170 [deg]C (340 [deg]F).
    11.3.4. Sample Chamber, Water Temperature, 90 [deg]C 1.0 [deg]C (194 [deg]F 1.8 
[deg]F).
    11.4 Ignition of Flame Ionization Detector. Ignite the detector 
according to the manufacturer's instructions.
    11.5 Amplifier Balance. Balance the amplifier according to the 
manufacturer's instructions.
    11.6 Programming the Chromatograph. Program the chromatograph as 
follows:
    11.6.1. I--Dosing or Injection Time. The normal setting is 2 
seconds.
    11.6.2. A--Analysis Time. The normal setting is approximately 70 
percent of the VCM retention time. When this timer terminates, the 
programmer initiates backflushing of the first column.
    11.6.3. B--Backflushing Time. The normal setting is double the 
analysis time.
    11.6.4. W--Stabilization Time. The normal setting is 0.5 min to 1.0 
min.
    11.6.5. X--Number of Analyses Per Sample. The normal setting is one.
    11.7. Sample Treatment. All samples must be recovered and analyzed 
within 24 hours after collection.
    11.7.1 Resin Samples. The weight of the resin used must be between 
0.1 and 4.5 grams. An exact weight must be obtained (within 1 percent) for each sample. In the case of suspension 
resins, a volumetric cup can be prepared for holding the required amount 
of sample. When the cup is used, open the sample bottle, and add the cup 
volume of resin to the tared sample vial (tared, including septum and 
aluminum cap). Obtain the exact sample weight, add 100 ml or about two 
equal drops of water, and immediately seal the vial. Report this value 
on the data sheet; it is required for calculation of RVCM. In the case 
of dispersion resins, the cup cannot be used. Weigh the sample in an 
aluminum dish, transfer the sample to the tared vial, and accurately 
weigh it in the vial. After prepressurization of the samples, condition 
them for a minimum of 1 hour in the 90 [deg]C (190 [deg]F) bath. Do not 
exceed 5 hours. Prepressurization is not required if the sample weight, 
as analyzed, does not exceed 0.2 gram. It is also not required if 
solution of the prepressurization equation yields an absolute 
prepressurization value that is within 30 percent of the atmospheric 
pressure.

    Note: Some aluminum vial caps have a center section that must be 
removed prior to placing into sample tray. If the cap is not removed, 
the injection needle will be damaged.

    11.7.2 Suspension Resin Slurry and Wet Cake Samples. Decant the 
water from a wet cake sample, and turn the sample bottle upside down 
onto a paper towel. Wait for the water to drain, place approximately 0.2 
to 4.0 grams of the wet cake sample in a tared vial (tared, including 
septum and aluminum cap) and seal immediately. Then determine the sample 
weight (1 percent). All samples weighing over 0.2 gram, must be 
prepressurized prior to conditioning for 1 hour at 90 [deg]C (190 
[deg]F), except as noted in Section 11.7.1. A sample of wet cake is used 
to determine total solids (TS). This is required for calculating the 
RVCM.
    11.7.3 Dispersion Resin Slurry and Latex Samples. The materials 
should not be filtered. Sample must be thoroughly mixed. Using a tared 
vial (tared, including septum and aluminum cap) add approximately eight 
drops (0.25 to 0.35 g) of slurry or latex using a medicine dropper. This 
should be done immediately after mixing. Seal the vial as soon as 
possible. Determine sample weight (1 percent). Condition the vial for 1 
hour at 90 [deg]C (190 [deg]F) in the analyzer bath. Determine the TS on 
the slurry sample (Section 11.10).
    11.7.4 In-process Wastewater Samples. Using a tared vial (tared, 
including septum

[[Page 284]]

and aluminum cap) quickly add approximately 1 cc of water using a 
medicine dropper. Seal the vial as soon as possible. Determine sample 
weight (1 percent). Condition the vial for 1 hour at 90 [deg]C (190 
[deg]F) in the analyzer bath.
    11.8 Preparation of Sample Turntable.
    11.8.1 Before placing any sample into turntable, be certain that the 
center section of the aluminum cap has been removed. The numbered sample 
vials should be placed in the corresponding numbered positions in the 
turntable. Insert samples in the following order:
    11.8.1.1 Positions 1 and 2. Old 2000-ppm standards for conditioning. 
These are necessary only after the analyzer has not been used for 24 
hours or longer.
    11.8.1.2 Position 3. 50-ppm standard, freshly prepared.
    11.8.1.3 Position 4. 500-ppm standard, freshly prepared.
    11.8.1.4 Position 5. 2000-ppm standard, freshly prepared.
    11.8.1.5 Position 6. 4000-ppm standard, freshly prepared.
    11.8.1.6 Position 7. Sample No. 7 (This is the first sample of the 
day, but is given as 7 to be consistent with the turntable and the 
integrator printout.)
    11.8.2 After all samples have been positioned, insert the second set 
of 50-, 500-, 2000-, and 4000-ppm standards. Samples, including 
standards, must be conditioned in the bath of 90 [deg]C (190 [deg]F) for 
a minimum of one hour and a maximum of five hours.
    11.9 Start Chromatograph Program. When all samples, including 
standards, have been conditioned at 90 [deg]C (190 [deg]F) for at least 
one hour, start the analysis program according to the manufacturer's 
instructions. These instructions must be carefully followed when 
starting and stopping a program to prevent damage to the dosing 
assembly.
    11.10 Determination of Total Solids. For wet cake, slurry, resin 
solution, and PVC latex samples, determine TS for each sample by 
accurately weighing approximately 3 to 4 grams of sample in an aluminum 
pan before and after placing in a draft oven (105 to 110 [deg]C (221 to 
230 [deg]F)). Samples must be dried to constant weight. After first 
weighing, return the pan to the oven for a short period of time, and 
then reweigh to verify complete dryness. The TS are then calculated as 
the final sample weight divided by initial sample weight.

                   12.0 Calculations and Data Analysis

    12.1 Nomenclature.

As = Chromatogram area counts of vinyl chloride for the 
sample, area counts.
As = Chromatogram area counts of vinyl chloride for the 
sample.
Cc = Concentration of vinyl chloride in the standard sample, 
ppm.
Kp = Henry's Law Constant for VCM in PVC 90 [deg]C, 6.52 x 
10-6 g/g/mm Hg.
Kw = Henry's Law Constant for VCM in water 90 [deg]C, 7 x 
10-7 g/g/mm Hg.
Mv = Molecular weight of VCM, 62.5 g/mole.
m = Sample weight, g.
Pa = Ambient atmospheric pressure, mm Hg.
R = Gas constant, (62360 \3\ ml) (mm Hg)/(mole)([deg]K).
Rf = Response factor in area counts per ppm VCM.
Rs = Response factor, area counts/ppm.
Tl = Ambient laboratory temperature, [deg]K.
TS = Total solids expressed as a decimal fraction.
T2 = Equilibrium temperature, [deg]K.
Vg = Volume of vapor phase, ml.
[GRAPHIC] [TIFF OMITTED] TR17OC00.513

Vv = Vial volume,\3\ ml.
1.36 = Density of PVC at 90 [deg]C, g/\3\ ml.
0.9653 = Density of water at 90 [deg]C, g/\3\ ml.

    12.2 Response Factor. If the calibration curve described in Section 
10.3 passes through zero, an average response factor, Rf, may 
be used to facilitate computation of vinyl chloride sample 
concentrations.
    12.2.1 To compute Rf, first compute a response factor, 
Rs, for each sample as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.514

    12.2.2 Sum the individual response factors, and calculate 
Rf. If the calibration curve does not pass through zero, use 
the

[[Page 285]]

calibration curve to determine each sample concentration.
    12.3 Residual Vinyl Chloride Monomer Concentration, 
(Crvc) or Vinyl Chloride Monomer Concentration. Calculate 
Crvc in ppm or mg/kg as follows:
[GRAPHIC] [TIFF OMITTED] TR07OC20.011

    Note: Results calculated using these equations represent 
concentration based on the total sample. To obtain results based on dry 
PVC content, divide by TS.

                         13.0 Method Performance

    13.1 Range and Sensitivity. The lower limit of detection of vinyl 
chloride will vary according to the sampling and chromatographic system. 
The system should be capable of producing a measurement for a 50-ppm 
vinyl chloride standard that is at least 10 times the standard deviation 
of the system background noise level.
    13.2 An interlaboratory comparison between seven laboratories of 
three resin samples, each split into three parts, yielded a standard 
deviation of 2.63 percent for a sample with a mean of 2.09 ppm, 4.16 
percent for a sample with a mean of 1.66 ppm, and 5.29 percent for a 
sample with a mean of 62.66 ppm.

                  14.0 Pollution Prevention [Reserved]

                    15.0 Waste Management [Reserved]

                             16.0 References

    1. B.F. Goodrich, Residual Vinyl Chloride Monomer Content of 
Polyvinyl Chloride Resins, Latex, Wet Cake, Slurry and Water Samples. 
B.F. Goodrich Chemical Group Standard Test Procedure No. 1005-E. B.F. 
Goodrich Technical Center, Avon Lake, Ohio. October 8, 1979.
    2. Berens, A.R. The Diffusion of Vinyl Chloride in Polyvinyl 
Chloride. ACS-Division of Polymer Chemistry, Polymer Preprints 15 
(2):197. 1974.
    3. Berens, A.R. The Diffusion of Vinyl Chloride in Polyvinyl 
Chloride. ACS-Division of Polymer Chemistry, Polymer Preprints 15 
(2):203. 1974.
    4. Berens, A.R., et. al. Analysis for Vinyl Chloride in PVC Powders 
by Head-Space Gas Chromatography. Journal of Applied Polymer Science. 
19:3169-3172. 1975.
    5. Mansfield, R.A. The Evaluation of Henry's Law Constant (Kp) and 
Water Enhancement in the Perkin-Elmer Multifract F-40 Gas Chromatograph. 
B.F. Goodrich. Avon Lake, Ohio. February 10, 1978.

    17.0 Tables, Diagrams, Flowcharts, and Validation Data [Reserved]

Method 107A--Determination of Vinyl Chloride Content of Solvents, Resin-
Solvent Solution, Polyvinyl Chloride Resin, Resin Slurry, Wet Resin, and 
                              Latex Samples

Introduction

    Performance of this method should not be attempted by persons 
unfamiliar with the operation of a gas chromatograph (GC) or by those 
who are unfamiliar with source sampling because knowledge beyond the 
scope of this presentation is required. Care must be exercised to 
prevent exposure of sampling personnel to vinyl chloride, a carcinogen.

1. Applicability and Principle

    1.1 Applicability. This is an alternative method and applies to the 
measurement of the vinyl chloride content of solvents, resin solvent 
solutions, polyvinyl chloride (PVC) resin, wet cake slurries, latex, and 
fabricated resin samples. This method is not acceptable where methods 
from Section 304(h) of the Clean Water Act, 33 U.S.C. 1251et seq., (the 
Federal Water Pollution Control Act Amendments of 1972 as amended by the 
Clean Water Act of 1977) are required.
    1.2 Principle. The basis for this method lies in the direct 
injection of a liquid sample into a chromatograph and the subsequent 
evaporation of all volatile material into the carrier gas stream of the 
chromatograph, thus permitting analysis of all volatile material 
including vinyl chloride.

2. Range and Sensitivity

    The lower limit of detection of vinyl chloride in dry PVC resin is 
0.2 ppm. For resin solutions, latexes, and wet resin, this limit rises 
inversely as the nonvolatile (resin) content decreases.
    With proper calibration, the upper limit may be extended as needed.

3. Interferences

    The chromatograph columns and the corresponding operating parameters 
herein described normally provide an adequate resolution of vinyl 
chloride. In cases where resolution interferences are encountered, the 
chromatograph operator shall select the column and operating parameters 
best suited to his

[[Page 286]]

particular analysis problem, subject to the approval of the 
Administrator. Approval is automatic, provided that the tester produces 
confirming data through an adequate supplemental analytical technique, 
such as analysis with a different column or GC/mass spectroscopy, and 
has the data available for review by the Administrator.

4. Precision and Reproducibility

    A standard sample of latex containing 181.8 ppm vinyl chloride 
analyzed 10 times by the alternative method showed a standard deviation 
of 7.5 percent and a mean error of 0.21 percent.
    A sample of vinyl chloride copolymer resin solution was analyzed 10 
times by the alternative method and showed a standard deviation of 6.6 
percent at a level of 35 ppm.

5. Safety

    Do not release vinyl chloride to the laboratory atmosphere during 
preparation of standards. Venting or purging with vinyl chloride monomer 
(VCM) air mixtures must be held to minimum. When purging is required, 
the vapor must be routed to outside air. Vinyl chloride, even at low-ppm 
levels, must never be vented inside the laboratory.

6. Apparatus

    6.1 Sampling. The following equipment is required:
    6.1.1 Glass Bottles. 16-oz wide mouth wide polyethylene-lined, 
screw-on tops.
    6.1.2 Adhesive Tape. To prevent loosening of bottle tops.
    6.2 Sample Recovery. The following equipment is required:
    6.2.1 Glass Vials. 20-ml capacity with polycone screw caps.
    6.2.2 Analytical Balance. Capable of weighing to 0.01 gram.
    6.2.3 Syringe. 50-microliter size, with removable needle.
    6.2.4 Fritted Glass Sparger. Fine porosity.
    6.2.5 Aluminum Weighing Dishes.
    6.2.6 Sample Roller or Shaker. To help dissolve sample.
    6.3 Analysis. The following equipment is required:
    6.3.1 Gas Chromatograph. Hewlett Packard Model 5720A or equivalent.
    6.3.2 Chromatograph Column. Stainless steel, 6.1 m by 3.2 mm, packed 
with 20 percent Tergitol E-35 on Chromosorb W AW 60/80 mesh. The analyst 
may use other columns provided that the precision and accuracy of the 
analysis of vinyl chloride standards are not impaired and that he has 
available for review information confirming that there is adequate 
resolution of the vinyl chloride peak. (Adequate resolution is defined 
as an area overlap of not more than 10 percent of the vinyl chloride 
peak by an interfering peak. Calculation of area overlap is explained in 
Appendix C, Procedure 1: ``Determination of Adequate Chromatographic 
Peak Resolution.'')
    6.3.3 Valco Instrument Six-Port Rotary Valve. For column back flush.
    6.3.4 Septa. For chromatograph injection port.
    6.3.5 Injection Port Liners. For chromatograph used.
    6.3.6 Regulators. For required gas cylinders.
    6.3.7 Soap Film Flowmeter. Hewlett Packard No. 0101-0113 or 
equivalent.
    6.4 Calibration. The following equipment is required:
    6.4.1 Analytical Balance. Capable of weighing to 0.0001 g.
    6.4.2 Erlenmeyer Flask With Glass Stopper. 125 ml.
    6.4.3 Pipets. 0.1, 0.5, 1, 5, 10, and 50 ml.
    6.4.4 Volumetric Flasks. 10 and 100 ml.

7. Reagents

    Use only reagents that are of chromatograph grade.
    7.1 Analysis. The following items are required:
    7.1.1 Hydrogen Gas. Zero grade.
    7.1.2 Nitrogen Gas. Zero grade.
    7.1.3 Air. Zero grade.
    7.1.4 Tetrahydrofuran (THF). Reagent grade.
    Analyze the THF by injecting 10 microliters into the prepared gas 
chromatograph. Compare the THF chromatogram with that shown in Figure 
107A-1. If the chromatogram is comparable to A, the THF should be 
sparged with pure nitrogen for approximately 2 hours using the fritted 
glass sparger to attempt to remove the interfering peak. Reanalyze the 
sparged THF to determine whether the THF is acceptable for use. If the 
scan is comparable to B, the THF should be acceptable for use in the 
analysis.

[[Page 287]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.030

    7.1.5 N, N-Dimethylacetamide (DMAC). Spectrographic grade. For use 
in place of THF.
    7.2 Calibration. The following item is required:
    7.2.1 Vinyl Chloride 99.9 Percent. Ideal Gas Products lecture 
bottle, or equivalent. For preparation of standard solutions.

8. Procedure

    8.1 Sampling. Allow the liquid or dried resin to flow from a tap on 
the tank, silo, or pipeline until the tap has been purged. Fill a wide-
mouth pint bottle, and immediately tightly cap the bottle. Place an 
identifying label on each bottle and record the date, time, sample 
location, and material.
    8.2 Sample Treatment. Sample must be run within 24 hours.
    8.2.1 Resin Samples. Weigh 9.00 0.01 g of THF 
or DMAC in a tared 20-ml vial. Add 1.00 0.01 g of 
resin to the tared vial containing the THF or DMAC. Close the vial 
tightly with the screw cap, and shake or otherwise agitate the vial 
until complete solution of the resin is obtained. Shaking may require 
several minutes to several hours, depending on the nature of the resin.
    8.2.2 Suspension Resin Slurry and Wet Resin Sample. Slurry must be 
filtered using a small Buchner funnel with vacuum to yield a wet resin 
sample. The filtering process must be continued only as long as a steady 
stream of water is exiting from the funnel. Excessive filtration time 
could result in some loss of VCM. The wet resin sample is weighed into a 
tared 20-ml vial with THF or DMAC as described earlier for resin samples 
(8.2.1) and treated the same as the resin sample. A sample of the wet 
resin is used to determine total solids as required for calculating the 
residual VCM (Section 8.3.4).
    8.2.3 Latex and Resin Solvent Solutions. Samples must be thoroughly 
mixed. Weigh 1.00 0.01 g of the latex or resin-
solvent solution into a 20-ml vial containing 9.00 0.01 g of THF or DMAC as for the resin samples (8.2.1). 
Cap and shake until complete solution is obtained. Determine the total 
solids of the latex or resin solution sample (Section 8.3.4).
    8.2.4 Solvents and Non-viscous Liquid Samples. No preparation of 
these samples is required. The neat samples are injected directly into 
the GC.
    8.3 Analysis.
    8.3.1 Preparation of GC. Install the chromatographic column, and 
condition overnight at 70 [deg]C. Do not connect the exit end of the 
column to the detector while conditioning.
    8.3.1.1 Flow Rate Adjustments. Adjust the flow rate as follows:
    a. Nitrogen Carrier Gas. Set regulator on cylinder to read 60 psig. 
Set column flow controller on the chromatograph using the soap film 
flowmeter to yield a flow rate of 40 cc/min.
    b. Burner Air Supply. Set regulator on the cylinder at 40 psig. Set 
regulator on the chromatograph to supply air to the burner to yield a 
flow rate of 250 to 300 cc/min using the flowmeter.
    c. Hydrogen. Set regulator on cylinder to read 60 psig. Set 
regulator on the chromatograph to supply 30 to 40 cc/min using the 
flowmeter. Optimize hydrogen flow to yield the most sensitive detector 
response without extinguishing the flame. Check flow with flowmeter and 
record this flow.

[[Page 288]]

    d. Nitrogen Back Flush Gas. Set regulator on the chromatograph using 
the soap film flowmeter to yield a flow rate of 40 cc/min.
    8.3.1.2 Temperature Adjustments. Set temperature as follows:
    a. Oven (chromatographic column) at 70 [deg]C.
    b. Injection Port at 100 [deg]C.
    c. Detector at 300 [deg]C.
    8.3.1.3 Ignition of Flame Ionization Detector. Ignite the detector 
according to the manufacturer's instructions. Allow system to stabilize 
approximately 1 hour.
    8.3.1.4 Recorder. Set pen at zero and start chart drive.
    8.3.1.5 Attenuation. Set attenuation to yield desired peak height 
depending on sample VCM content.
    8.3.2 Chromatographic Analyses.
    a. Sample Injection. Remove needle from 50-microliter syringe. Open 
sample vial and draw 50-microliters of THF or DMAC sample recovery 
solution into the syringe. Recap sample vial. Attach needle to the 
syringe and while holding the syringe vertically (needle uppermost), 
eject 40 microliters into an absorbent tissue. Wipe needle with tissue. 
Now inject 10 microliters into chromatograph system. Repeat the 
injection until two consecutive values for the height of the vinyl 
chloride peak do not vary more than 5 percent. Use the average value for 
these two peak heights to compute the sample concentration.
    b. Back Flush. After 4 minutes has elapsed after sample injection, 
actuate the back flush valve to purge the first 4 feet of the 
chromatographic column of solvent and other high boilers.
    c. Sample Data. Record on the chromatograph strip chart the data 
from the sample label.
    d. Elution Time. Vinyl chloride elutes at 2.8 minutes. Acetaldehyde 
elutes at 3.7 minutes. Analysis is considered complete when chart pen 
becomes stable. After 5 minutes, reset back flush valve and inject next 
sample.
    8.3.3 Chromatograph Servicing.
    a. Septum. Replace after five sample injections.
    b. Sample Port Liner. Replace the sample port liner with a clean 
spare after five sample injections.
    c. Chromatograph Shutdown. If the chromatograph has been shut down 
overnight, rerun one or more samples from the preceding day to test 
stability and precision prior to starting on the current day's work.
    8.3.4 Determination of Total Solids (TS). For wet resin, resin 
solution, and PVC latex samples, determine the TS for each sample by 
accurately weighing approximately 3 to 5 grams of sample into a tared 
aluminum pan. The initial procedure is as follows:
    a. Where water is the major volatile component: Tare the weighing 
dish, and add 3 to 5 grams of sample to the dish. Weigh to the nearest 
milligram.
    b. Where volatile solvent is the major volatile component: Transfer 
a portion of the sample to a 20-ml screw cap vial and cap immediately. 
Weigh the vial to the nearest milligram. Uncap the vial and transfer a 
3- to 5-gram portion of the sample to a tared aluminum weighing dish. 
Recap the vial and reweigh to the nearest milligram. The vial weight 
loss is the sample weight.
    To continue, place the weighing pan in a 130 [deg]C oven for 1 hour. 
Remove the dish and allow to cool to room temperature in a desiccator. 
Weigh the pan to the nearest 0.1 mg. Total solids is the weight of 
material in the aluminum pan after heating divided by the net weight of 
sample added to the pan originally times 100.

9. Calibration of the Chromatograph

    9.1 Preparation of Standards. Prepare a 1 percent by weight 
(approximate) solution of vinyl chloride in THF or DMAC by bubbling 
vinyl chloride gas from a cylinder into a tared 125-ml glass-stoppered 
flask containing THF or DMAC. The weight of vinyl chloride to be added 
should be calculated prior to this operation, i.e., 1 percent of the 
weight of THF or DMAC contained in the tared flask. This must be carried 
out in a laboratory hood. Adjust the vinyl chloride flow from the 
cylinder so that the vinyl chloride dissolves essentially completely in 
the THF or DMAC and is not blown to the atmosphere. Take particular care 
not to volatize any of the solution. Stopper the flask and swirl the 
solution to effect complete mixing. Weigh the stoppered flask to nearest 
0.1 mg to determine the exact amount of vinyl chloride added.
    Pipet 10 ml of the approximately 1 percent solution into a 100-ml 
glass-stoppered volumetric flask, and add THF or DMAC to fill to the 
mark. Cap the flask and invert 10 to 20 times. This solution contains 
approximately 1,000 ppm by weight of vinyl chloride (note the exact 
concentration).
    Pipet 50-, 10-, 5-, 1-, 0.5-, and 0.1-ml aliquots of the 
approximately 1,000 ppm solution into 10 ml glass stoppered volumetric 
flasks. Dilute to the mark with THF or DMAC, cap the flasks and invert 
each 10 to 20 times. These solutions contain approximately 500, 100, 50, 
10, 5, and 1 ppm vinyl chloride. Note the exact concentration of each 
one. These standards are to be kept under refrigeration in stoppered 
bottles, and must be renewed every 3 months.
    9.2 Preparation of Chromatograph Calibration Curve.
    Obtain the GC for each of the six final solutions prepared in 
Section 9.1 by using the procedure in Section 8.3.2. Prepare a chart 
plotting peak height obtained from the chromatogram of each solution 
versus the known concentration. Draw a straight line through

[[Page 289]]

the points derived by the least squares method.

10. Calculations

    10.1 Response Factor. From the calibration curve described in 
Section 9.2, select the value of Cc that corresponds to 
Hc for each sample. Compute the response factor, 
Rf, for each sample as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.075

where:

Rf = Chromatograph response factor, ppm/mm.
Cc = Concentration of vinyl chloride in the standard sample, 
          ppm.
Hc = Peak height of the standard sample, mm.

    10.2 Residual vinyl chloride monomer concentration (Crvc) 
or vinyl chloride monomer concentration in resin:

[GRAPHIC] [TIFF OMITTED] TC15NO91.076

Where:

Crvc = Concentration of residual vinyl chloride monomer, ppm.

Hs = Peak height of sample, mm.
Rf = Chromatograph response factor.

    10.3 Samples containing volatile material, i.e., resin solutions, 
wet resin, and latexes:
[GRAPHIC] [TIFF OMITTED] TC15NO91.077

where:

TS = Total solids in the sample, weight fraction.

    10.4 Samples of solvents and in process wastewater:
    [GRAPHIC] [TIFF OMITTED] TC15NO91.078
    
Where:

0.888 = Specific gravity of THF.

11. Bibliography

    1. Communication from R. N. Wheeler, Jr.; Union Carbide Corporation. 
Part 61 National Emissions Standards for Hazardous Air Pollutants 
appendix B, Method 107--Alternate Method, September 19, 1977.

 Method 108--Determination of Particulate and Gaseous Arsenic Emissions

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from other methods in appendix A to 40 CFR part 60. Therefore, to obtain 
reliable results, persons using this method should have a thorough 
knowledge of at least the following additional test methods: Method 1, 
Method 2, Method 3, Method 5, and Method 12.

                       1.0 Scope and Application.

    1.1 Analytes.

------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Arsenic compounds as arsenic          7440-38-2   Lower limit 10
 (As).                                             [micro]g/ml or less.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable for the determination 
of inorganic As emissions from stationary sources as specified in an 
applicable subpart of the regulations.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    Particulate and gaseous As emissions are withdrawn isokinetically 
from the source and are collected on a glass mat filter and in water. 
The collected arsenic is then analyzed by means of atomic absorption 
spectrophotometry (AAS).

                       3.0 Definitions. [Reserved]

                            4.0 Interferences

    Analysis for As by flame AAS is sensitive to the chemical 
composition and to the physical properties (e.g., viscosity, pH) of the 
sample. The analytical procedure includes a check for matrix effects 
(Section 11.5).

                               5.0 Safety

    5.1 This method may involve hazardous materials, operations, and 
equipment. This test method may not address all of the safety problems 
associated with its use. It is the responsibility of the user to 
establish appropriate safety and health practices and determine the 
applicability of regulatory limitations prior to performing this test 
method.
    5.2 Corrosive reagents. The following reagents are hazardous. 
Personal protective equipment and safe procedures that prevent

[[Page 290]]

chemical splashes are recommended. If contact occurs, immediately flush 
with copious amounts of water for at least 15 minutes. Remove clothing 
under shower and decontaminate. Treat residual chemical burns as thermal 
burns.
    5.2.1 Hydrochloric Acid (HCl). Highly corrosive liquid with toxic 
vapors. Vapors are highly irritating to eyes, skin, nose, and lungs, 
causing severe damage. May cause bronchitis, pneumonia, or edema of 
lungs. Exposure to concentrations of 0.13 to 0.2 percent can be lethal 
to humans in a few minutes. Provide ventilation to limit exposure. 
Reacts with metals, producing hydrogen gas.
    5.2.2 Hydrogen Peroxide (H2O2). Very harmful 
to eyes. 30% H2O2 can burn skin, nose, and lungs.
    5.2.3 Nitric Acid (HNO3). Highly corrosive to eyes, skin, 
nose, and lungs. Vapors are highly toxic and can cause bronchitis, 
pneumonia, or edema of lungs. Reaction to inhalation may be delayed as 
long as 30 hours and still be fatal. Provide ventilation to limit 
exposure. Strong oxidizer. Hazardous reaction may occur with organic 
materials such as solvents.
    5.2.4 Sodium Hydroxide (NaOH). Causes severe damage to eyes and 
skin. Inhalation causes irritation to nose, throat, and lungs. Reacts 
exothermically with small amounts of water.

                       6.0 Equipment and Supplies

    6.1 Sample Collection. A schematic of the sampling train used in 
performing this method is shown in Figure 108-1; it is similar to the 
Method 5 sampling train of 40 CFR part 60, appendix A. The following 
items are required for sample collection:
    6.1.1 Probe Nozzle, Probe Liner, Pitot Tube, Differential Pressure 
Gauge, Filter Holder, Filter Heating System, Temperature Sensor, 
Metering System, Barometer, and Gas Density Determination Equipment. 
Same as Method 5, Sections 6.1.1.1 to 6.1.1.7, 6.1.1.9, 6.1.2, and 
6.1.3, respectively.
    6.1.2 Impingers. Four impingers connected in series with leak-free 
ground-glass fittings or any similar leak-free noncontaminating 
fittings. For the first, third, and fourth impingers, use the Greenburg-
Smith design, modified by replacing the tip with a 1.3-cm ID (0.5-in.) 
glass tube extending to about 1.3 cm (0.5 in.) from the bottom of the 
flask. For the second impinger, use the Greenburg-Smith design with the 
standard tip. Modifications (e.g., flexible connections between the 
impingers, materials other than glass, or flexible vacuum lines to 
connect the filter holder to the condenser) are subject to the approval 
of the Administrator.
    6.1.3 Temperature Sensor. Place a temperature sensor, capable of 
measuring temperature to within 1 [deg]C (2 [deg]F), at the outlet of 
the fourth impinger for monitoring purposes.
    6.2 Sample Recovery. The following items are required for sample 
recovery:
    6.2.1 Probe-Liner and Probe-Nozzle Brushes, Petri Dishes, Graduated 
Cylinder and/or Balance, Plastic Storage Containers, and Funnel and 
Rubber Policeman. Same as Method 5, Sections 6.2.1 and 6.2.4 to 6.2.8, 
respectively.
    6.2.2 Wash Bottles. Polyethylene (2).
    6.2.3 Sample Storage Containers. Chemically resistant, polyethylene 
or polypropylene for glassware washes, 500- or 1000-ml.
    6.3 Analysis. The following items are required for analysis:
    6.3.1 Spectrophotometer. Equipped with an electrodeless discharge 
lamp and a background corrector to measure absorbance at 193.7 
nanometers (nm). For measuring samples having less than 10 [micro]g As/
ml, use a vapor generator accessory or a graphite furnace.
    6.3.2 Recorder. To match the output of the spectrophotometer.
    6.3.3 Beakers. 150 ml.
    6.3.4 Volumetric Flasks. Glass 50-, 100-, 200-, 500-, and 1000-ml; 
and polypropylene, 50-ml.
    6.3.5 Balance. To measure within 0.5 g.
    6.3.6 Volumetric Pipets. 1-, 2-, 3-, 5-, 8-, and 10-ml.
    6.3.7 Oven.
    6.3.8 Hot Plate.

                       7.0 Reagents and Standards

    Unless otherwise indicated, it is intended that all reagents conform 
to the specifications established by the Committee on Analytical 
Reagents of the American Chemical Society, where such specifications are 
available; otherwise, use the best available grade.
    7.1 The following reagents are required for sample collection:
    7.1.1 Filters. Same as Method 5, Section 7.1.1, except that the 
filters need not be unreactive to SO2.
    7.1.2 Silica Gel, Crushed Ice, and Stopcock Grease. Same as Method 
5, Sections 7.1.2, 7.1.4, and 7.1.5, respectively.
    7.1.3 Water. Deionized distilled to meet ASTM D 1193-77 or 91 
(incorporated by reference-see Sec.  61.18), Type 3. When high 
concentrations of organic matter are not expected to be present, the 
KMnO4 test for oxidizable organic matter may be omitted.
    7.2 Sample Recovery.
    7.2.1 0.1 N NaOH. Dissolve 4.00 g of NaOH in about 500 ml of water 
in a 1-liter volumetric flask. Then, dilute to exactly 1.0 liter with 
water.
    7.3 Analysis. The following reagents and standards are required for 
analysis:
    7.3.1 Water. Same as Section 7.1.3.
    7.3.2 Sodium Hydroxide, 0.1 N. Same as in Section 7.2.1.
    7.3.3 Sodium Borohydride (NaBH4), 5 Percent Weight by 
Volume (W/V). Dissolve 50.0 g of NaBH4 in about 500 ml of 0.1 
N NaOH in a

[[Page 291]]

1-liter volumetric flask. Then, dilute to exactly 1.0 liter with 0.1 N 
NaOH.
    7.3.4 Hydrochloric Acid, Concentrated.
    7.3.5 Potassium Iodide (KI), 30 Percent (W/V). Dissolve 300 g of KI 
in 500 ml of water in a 1 liter volumetric flask. Then, dilute to 
exactly 1.0 liter with water.
    7.3.6 Nitric Acid, Concentrated.
    7.3.7 Nitric Acid, 0.8 N. Dilute 52 ml of concentrated 
HNO3 to exactly 1.0 liter with water.
    7.3.8 Nitric Acid, 50 Percent by Volume (V/V). Add 50 ml 
concentrated HNO3 to 50 ml water.
    7.3.9 Stock Arsenic Standard, 1 mg As/ml. Dissolve 1.3203 g of 
primary standard grade As2O3 in 20 ml of 0.1 N 
NaOH in a 150 ml beaker. Slowly add 30 ml of concentrated 
HNO3. Heat the resulting solution and evaporate just to 
dryness. Transfer the residue quantitatively to a 1-liter volumetric 
flask, and dilute to 1.0 liter with water.
    7.3.10 Arsenic Working Solution, 1.0 [micro]g As/ml. Pipet exactly 
1.0 ml of stock arsenic standard into an acid-cleaned, appropriately 
labeled 1-liter volumetric flask containing about 500 ml of water and 5 
ml of concentrated HNO3. Dilute to exactly 1.0 liter with 
water.
    7.3.11 Air. Suitable quality for AAS analysis.
    7.3.12 Acetylene. Suitable quality for AAS analysis.
    7.3.13 Nickel Nitrate, 5 Percent Ni (W/V). Dissolve 24.780 g of 
nickel nitrate hexahydrate 
[Ni(NO3)26H2O] in water in a 100-ml 
volumetric flask, and dilute to 100 ml with water.
    7.3.14 Nickel Nitrate, 1 Percent Ni (W/V). Pipet 20 ml of 5 percent 
nickel nitrate solution into a 100-ml volumetric flask, and dilute to 
exactly 100 ml with water.
    7.3.15 Hydrogen Peroxide, 3 Percent by Volume. Pipet 50 ml of 30 
percent H2O2 into a 500-ml volumetric flask, and 
dilute to exactly 500 ml with water.

       8.0 Sample Collection, Preservation, Transport, and Storage

    8.1 Pretest Preparation. Follow the general procedure given in 
Method 5, Section 8.1, except the filter need not be weighed, and the 
200 ml of 0.1N NaOH and Container 4 should be tared to within 0.5 g.
    8.2 Preliminary Determinations. Follow the general procedure given 
in Method 5, Section 8.2, except select the nozzle size to maintain 
isokinetic sampling rates below 28 liters/min (1.0 cfm).
    8.3 Preparation of Sampling Train. Follow the general procedure 
given in Method 5, Section 8.3.
    8.4 Leak-Check Procedures. Same as Method 5, Section 8.4.
    8.5 Sampling Train Operation. Follow the general procedure given in 
Method 5, Section 8.5, except maintain isokinetic sampling flow rates 
below 28 liters/min (1.0 cfm). For each run, record the data required on 
a data sheet similar to the one shown in Figure 108-2.
    8.6 Calculation of Percent Isokinetic. Same as Method 5, Section 
8.6.
    8.7 Sample Recovery. Same as Method 5, Section 8.7, except that 0.1 
N NaOH is used as the cleanup solvent instead of acetone and that the 
impinger water is treated as follows:
    8.7.1 Container Number 4 (Impinger Water). Clean each of the first 
three impingers and connecting glassware in the following manner:
    8.7.1.1 Wipe the impinger ball joints free of silicone grease, and 
cap the joints.
    8.7.1.2 Rotate and agitate each of the first two impingers, using 
the impinger contents as a rinse solution.
    8.7.1.3 Transfer the liquid from the first three impingers to 
Container Number 4. Remove the outlet ball-joint cap, and drain the 
contents through this opening. Do not separate the impinger parts (inner 
and outer tubes) while transferring their contents to the container.
    8.7.1.4 Weigh the contents of Container No. 4 to within 0.5 g. 
Record in the log the weight of liquid along with a notation of any 
color or film observed in the impinger catch. The weight of liquid is 
needed along with the silica gel data to calculate the stack gas 
moisture content.
    Note: Measure and record the total amount of 0.1 N NaOH used for 
rinsing under Sections 8.7.1.5 and 8.7.1.6.
    8.7.1.5 Pour approximately 30 ml of 0.1 NaOH into each of the first 
two impingers, and agitate the impingers. Drain the 0.1 N NaOH through 
the outlet arm of each impinger into Container Number 4. Repeat this 
operation a second time; inspect the impingers for any abnormal 
conditions.
    8.7.1.6 Wipe the ball joints of the glassware connecting the 
impingers and the back half of the filter holder free of silicone 
grease, and rinse each piece of glassware twice with 0.1 N NaOH; 
transfer this rinse into Container Number 4. (DO NOT RINSE or brush the 
glass-fritted filter support.) Mark the height of the fluid level to 
determine whether leakage occurs during transport. Label the container 
to identify clearly its contents.
    8.8 Blanks.
    8.8.1 Sodium Hydroxide. Save a portion of the 0.1 N NaOH used for 
cleanup as a blank. Take 200 ml of this solution directly from the wash 
bottle being used and place it in a plastic sample container labeled 
``NaOH blank.''
    8.8.2 Water. Save a sample of the water, and place it in a container 
labeled ``H2O blank.''
    8.8.3 Filter. Save two filters from each lot of filters used in 
sampling. Place these filters in a container labeled ``filter blank.''

[[Page 292]]

                           9.0 Quality Control

               9.1 Miscellaneous Quality Control Measures.

------------------------------------------------------------------------
                                 Quality control
           Section                   measure               Effect
------------------------------------------------------------------------
8.4, 10.1...................  Sampling equipment    Ensures accuracy and
                               leak-checks and       precision of
                               calibration.          sampling
                                                     measurements.
10.4........................  Spectrophotometer     Ensures linearity of
                               calibration.          spectrophotometer
                                                     response to
                                                     standards.
11.5........................  Check for matrix      Eliminates matrix
                               effects.              effects.
------------------------------------------------------------------------

    9.2 Volume Metering System Checks. Same as Method 5, Section 9.2.

                  10.0 Calibration and Standardization

    Note: Maintain a laboratory log of all calibrations.
    10.1 Sampling Equipment. Same as Method 5, Section 10.0.
    10.2 Preparation of Standard Solutions.
    10.2.1 For the high level procedure, pipet 1, 3, 5, 8, and 10 ml of 
the 1.0 mg As/ml stock solution into separate 100 ml volumetric flasks, 
each containing 5 ml of concentrated HNO3. Dilute to the mark 
with water.
    10.2.2 For the low level vapor generator procedure, pipet 1, 2, 3, 
and 5 ml of 1.0 [micro]g As/ml standard solution into separate reaction 
tubes. Dilute to the mark with water.
    10.2.3 For the low level graphite furnace procedure, pipet 1, 5, 10 
and 15 ml of 1.0 [micro]g As/ml standard solution into separate flasks 
along with 2 ml of the 5 percent nickel nitrate solution and 10 ml of 
the 3 percent H2O2 solution. Dilute to the mark 
with water.
    10.3 Calibration Curve. Analyze a 0.8 N HNO3 blank and 
each standard solution according to the procedures outlined in section 
11.4.1. Repeat this procedure on each standard solution until two 
consecutive peaks agree within 3 percent of their average value. 
Subtract the average peak height (or peak area) of the blank--which must 
be less than 2 percent of recorder full scale--from the averaged peak 
height of each standard solution. If the blank absorbance is greater 
than 2 percent of full-scale, the probable cause is As contamination of 
a reagent or carry-over of As from a previous sample. Prepare the 
calibration curve by plotting the corrected peak height of each standard 
solution versus the corresponding final total As weight in the solution.
    10.4 Spectrophotometer Calibration Quality Control. Calculate the 
least squares slope of the calibration curve. The line must pass through 
the origin or through a point no further from the origin than 2 percent of the recorder full scale. Multiply the 
corrected peak height by the reciprocal of the least squares slope to 
determine the distance each calibration point lies from the theoretical 
calibration line. The difference between the calculated concentration 
values and the actual concentrations (e.g., 1, 3, 5, 8, and 10 mg As for 
the high-level procedure) must be less than 7 percent for all standards.
    Note: For instruments equipped with direct concentration readout 
devices, preparation of a standard curve will not be necessary. In all 
cases, follow calibration and operational procedures in the 
manufacturers' instruction manual.

                        11.0 Analytical Procedure

    11.1 Sample Loss Check. Prior to analysis, check the liquid level in 
Containers Number 2 and Number 4. Note on the analytical data sheet 
whether leakage occurred during transport. If a noticeable amount of 
leakage occurred, either void the sample or take steps, subject to the 
approval of the Administrator, to adjust the final results.
    11.2 Sample Preparation.
    11.2.1 Container Number 1 (Filter). Place the filter and loose 
particulate matter in a 150 ml beaker. Also, add the filtered solid 
material from Container Number 2 (see Section 11.2.2). Add 50 ml of 0.1 
N NaOH. Then stir and warm on a hot plate at low heat (do not boil) for 
about 15 minutes. Add 10 ml of concentrated HNO3, bring to a 
boil, then simmer for about 15 minutes. Filter the solution through a 
glass fiber filter. Wash with hot water, and catch the filtrate in a 
clean 150 ml beaker. Boil the filtrate, and evaporate to dryness. Cool, 
add 5 ml of 50 percent HNO3, and then warm and stir. Allow to 
cool. Transfer to a 50-ml volumetric flask, dilute to volume with water, 
and mix well.
    11.2.2 Container Number 2 (Probe Wash).
    11.2.2.1 Filter (using a glass fiber filter) the contents of 
Container Number 2 into a 200 ml volumetric flask. Combine the filtered 
(solid) material with the contents of Container Number 1 (Filter).
    11.2.2.2 Dilute the filtrate to exactly 200 ml with water. Then 
pipet 50 ml into a 150 ml beaker. Add 10 ml of concentrated 
HNO3, bring to a boil, and evaporate to dryness. Allow to 
cool, add 5 ml of 50 percent HNO3, and then warm and stir. 
Allow the solution to cool, transfer to a 50-ml volumetric flask, dilute 
to volume with water, and mix well.
    11.2.3 Container Number 4 (Impinger Solution). Transfer the contents 
of Container Number 4 to a 500 ml volumetric flask, and

[[Page 293]]

dilute to exactly 500-ml with water. Pipet 50 ml of the solution into a 
150-ml beaker. Add 10 ml of concentrated HNO3, bring to a 
boil, and evaporate to dryness. Allow to cool, add 5 ml of 50 percent 
HNO3, and then warm and stir. Allow the solution to cool, 
transfer to a 50-ml volumetric flask, dilute to volume with water, and 
mix well.
    11.2.4 Filter Blank. Cut each filter into strips, and treat each 
filter individually as directed in Section 11.2.1, beginning with the 
sentence, ``Add 50 ml of 0.1 N NaOH.''
    11.2.5 Sodium Hydroxide and Water Blanks. Treat separately 50 ml of 
0.1 N NaOH and 50 ml water, as directed under Section 11.2.3, beginning 
with the sentence, ``Pipet 50 ml of the solution into a 150-ml beaker.''
    11.3 Spectrophotometer Preparation. Turn on the power; set the 
wavelength, slit width, and lamp current. Adjust the background 
corrector as instructed by the manufacturer's manual for the particular 
atomic absorption spectrophotometer. Adjust the burner and flame 
characteristics as necessary.
    11.4 Analysis. Calibrate the analytical equipment and develop a 
calibration curve as outlined in Sections 10.2 through 10.4.
    11.4.1 Arsenic Samples. Analyze an appropriately sized aliquot of 
each diluted sample (from Sections 11.2.1 through 11.2.3) until two 
consecutive peak heights agree within 3 percent of their average value. 
If applicable, follow the procedures outlined in Section 11.4.1.1. If 
the sample concentration falls outside the range of the calibration 
curve, make an appropriate dilution with 0.8 N HNO3 so that 
the final concentration falls within the range of the curve. Using the 
calibration curve, determine the arsenic concentration in each sample 
fraction.

    Note: Because instruments vary between manufacturers, no detailed 
operating instructions will be given here. Instead, the instrument 
manufacturer's detailed operating instructions should be followed.

    11.4.1.1 Arsenic Determination at Low Concentration. The lower limit 
of flame AAS is 10 [micro]g As/ml. If the arsenic concentration of any 
sample is at a lower level, use the graphite furnace or vapor generator 
which is available as an accessory component. Flame, graphite furnace, 
or vapor generators may be used for samples whose concentrations are 
between 10 and 30 [micro]g/ml. Follow the manufacturer's instructions in 
the use of such equipment.
    11.4.1.1.1 Vapor Generator Procedure. Place a sample containing 
between 0 and 5 [micro]g of arsenic in the reaction tube, and dilute to 
15 ml with water. Since there is some trial and error involved in this 
procedure, it may be necessary to screen the samples by conventional 
atomic absorption until an approximate concentration is determined. 
After determining the approximate concentration, adjust the volume of 
the sample accordingly. Pipet 15 ml of concentrated HCl into each tube. 
Add 1 ml of 30 percent KI solution. Place the reaction tube into a 50 
[deg]C (120 [deg]F) water bath for 5 minutes. Cool to room temperature. 
Connect the reaction tube to the vapor generator assembly. When the 
instrument response has returned to baseline, inject 5.0 ml of 5 percent 
NaBH4, and integrate the resulting spectrophotometer signal 
over a 30-second time period.
    11.4.1.1.2 Graphite Furnace Procedure. Dilute the digested sample so 
that a 5 ml aliquot contains less than 1.5 [micro]g of arsenic. Pipet 5 
ml of this digested solution into a 10-ml volumetric flask. Add 1 ml of 
the 1 percent nickel nitrate solution, 0.5 ml of 50 percent 
HNO3, and 1 ml of the 3 percent hydrogen peroxide and dilute 
to 10 ml with water. The sample is now ready for analysis.
    11.4.1.2 Run a blank (0.8 N HNO3) and standard at least 
after every five samples to check the spectrophotometer calibration. The 
peak height of the blank must pass through a point no further from the 
origin than 2 percent of the recorder full scale. 
The difference between the measured concentration of the standard (the 
product of the corrected average peak height and the reciprocal of the 
least squares slope) and the actual concentration of the standard must 
be less than 7 percent, or recalibration of the analyzer is required.
    11.4.1.3 Determine the arsenic concentration in the filter blank 
(i.e., the average of the two blank values from each lot).
    11.4.2 Container Number 3 (Silica Gel). This step may be conducted 
in the field. Weigh the spent silica gel (or silica gel plus impinger) 
to the nearest 0.5 g; record this weight.
    11.5 Check for matrix effects on the arsenic results. Same as Method 
12, Section 11.5.

                   12.0 Data Analysis and Calculations

                            12.1 Nomenclature

Bws = Water in the gas stream, proportion by volume.
Ca = Concentration of arsenic as read from the standard 
          curve, [micro]g/ml.
Cs = Arsenic concentration in stack gas, dry basis, converted 
          to standard conditions, g/dsm\3\ (gr/dscf).
Ea = Arsenic mass emission rate, g/hr (lb/hr).
Fd = Dilution factor (equals 1 if the sample has not been 
          diluted).
I = Percent of isokinetic sampling.
mbi = Total mass of all four impingers and contents before 
          sampling, g.
mfi = Total mass of all four impingers and contents after 
          sampling, g.
mn = Total mass of arsenic collected in a specific part of 
          the sampling train, [micro]g.
mt = Total mass of arsenic collected in the sampling train, 
          [micro]g.

[[Page 294]]

Tm = Absolute average dry gas meter temperature (see Figure 
          108-2), [deg]K ([deg]R).
Vm = Volume of gas sample as measured by the dry gas meter, 
          dry basis, m\3\ (ft\3\).
Vm(std) = Volume of gas sample as measured by the dry gas 
          meter, corrected to standard conditions, m\3\ (ft\3\).
Vn = Volume of solution in which the arsenic is contained, 
          ml.
Vw(std) = Volume of water vapor collected in the sampling 
          train, corrected to standard conditions, m\3\ (ft\3\).
[Delta]H = Average pressure differential across the orifice meter (see 
          Figure 108-2), mm H2O (in. H2O).
    12.2 Average Dry Gas Meter Temperatures (Tm) and Average 
Orifice Pressure Drop ([Delta]H). See data sheet (Figure 108-2).
    12.3 Dry Gas Volume. Using data from this test, calculate 
Vm(std) according to the procedures outlined in Method 5, 
Section 12.3.
    12.4 Volume of Water Vapor.
    [GRAPHIC] [TIFF OMITTED] TR17OC00.516
    
Where:

K2 = 0.001334 m\3\/g for metric units.
    = 0.047012 ft\3\/g for English units.

    12.5 Moisture Content.
    [GRAPHIC] [TIFF OMITTED] TR17OC00.517
    
    12.6 Amount of Arsenic Collected.
    12.6.1 Calculate the amount of arsenic collected in each part of the 
sampling train, as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.518

    12.6.2 Calculate the total amount of arsenic collected in the 
sampling train as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.519

    12.7 Calculate the arsenic concentration in the stack gas (dry 
basis, adjusted to standard conditions) as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.520

Where:

K3 = 10-6 g/[micro]g for metric units
    = 1.54 x 10-5 gr/[micro]g for English units

    12.8 Stack Gas Velocity and Volumetric Flow Rate. Calculate the 
average stack gas velocity and volumetric flow rate using data

[[Page 295]]

obtained in this method and the equations in Sections 12.2 and 12.3 of 
Method 2.
    12.9 Pollutant Mass Rate. Calculate the arsenic mass emission rate 
as follows:
[GRAPHIC] [TIFF OMITTED] TR17OC00.521

    12.10 Isokinetic Variation. Same as Method 5, Section 12.11.

                         13.0 Method Performance

    13.1 Sensitivity. The lower limit of flame AAS 10 [micro]g As/ml. 
The analytical procedure includes provisions for the use of a graphite 
furnace or vapor generator for samples with a lower arsenic 
concentration.

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                       16.0 Alternative Procedures

    16.1 Inductively coupled plasma-atomic emission spectrometry (ICP-
AES) Analysis. ICP-AES may be used as an alternative to atomic 
absorption analysis provided the following conditions are met:
    16.1.1 Sample collection, sample preparation, and analytical 
preparation procedures are as defined in the method except as necessary 
for the ICP-AES application.
    16.1.2 Quality Assurance/Quality Control procedures, including audit 
material analysis, are conducted as prescribed in the method. The QA 
acceptance conditions must be met.
    16.1.3 The limit of quantitation for the ICP-AES must be 
demonstrated and the sample concentrations reported should be no less 
than two times the limit of quantitation. The limit of quantitation is 
defined as ten times the standard deviation of the blank value. The 
standard deviation of the blank value is determined from the analysis of 
seven blanks. It has been reported that for mercury and those elements 
that form hydrides, a continuous-flow generator coupled to an ICP-AES 
offers detection limits comparable to cold vapor atomic absorption.
    16.2 Inductively Coupled Plasma-Mass Spectrometry (ICP-MS) Analysis. 
ICP-MS may be used as an alternative to atomic absorption analysis.
    16.3 Cold Vapor Atomic Fluorescence Spectrometry (CVAFS) Analysis. 
CVAFS may be used as an alternative to atomic absorption analysis.

                            17.0 References.

    Same as References 1 through 9 of Method 5, Section 17.0, with the 
addition of the following:

    1. Perkin Elmer Corporation. Analytical Methods for Atomic 
Absorption Spectrophotometry. 303-0152. Norwalk, Connecticut. September 
1976. pp. 5-6.
    2. Standard Specification for Reagent Water. In: Annual Book of 
American Society for Testing and Materials Standards. Part 31: Water, 
Atmospheric Analysis. American Society for Testing and Materials. 
Philadelphia, PA. 1974. pp. 40-42.
    3. Stack Sampling Safety Manual (Draft). U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standard, Research 
Triangle Park, NC. September 1978.

         18.0 Tables, Diagrams, Flowcharts, and Validation Data

[[Page 296]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.522


[[Page 297]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.523

   Method 108A--Determination of Arsenic Content in Ore Samples From 
                           Nonferrous Smelters

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from other methods in appendix A to 40 CFR part 60. Therefore, to obtain 
reliable results, persons using this method should have a thorough 
knowledge of Method 12.

                        1.0 Scope and Application

    1.1 Analytes.

[[Page 298]]



------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Arsenic compounds as arsenic    7440-38-2........  Lower limit 10
 (As).                                              [micro]g/ml or less.
------------------------------------------------------------------------

    1.2 Applicability. This method applies to the determination of 
inorganic As content of process ore and reverberatory matte samples from 
nonferrous smelters and other sources as specified in an applicable 
subpart of the regulations.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    Arsenic bound in ore samples is liberated by acid digestion and 
analyzed by flame atomic absorption spectrophotometry (AAS).

                       3.0 Definitions [Reserved]

                            4.0 Interferences

    Analysis for As by flame AAS is sensitive to the chemical 
composition and to the physical properties (e.g., viscosity, pH) of the 
sample. The analytical procedure includes a check for matrix effects 
(section 11.5).

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user to establish appropriate safety and health practices and determine 
the applicability of regulatory limitations prior to performing this 
test method.
    5.2 Corrosive Reagents. The following reagents are hazardous. 
Personal protective equipment and safe procedures that prevent chemical 
splashes are recommended. If contact occurs, immediately flush with 
copious amounts of water for at least 15 minutes. Remove clothing under 
shower and decontaminate. Treat residual chemical burns as thermal 
burns.
    5.2.1 Hydrochloric Acid (HCl). Highly corrosive liquid with toxic 
vapors. Vapors are highly irritating to eyes, skin, nose, and lungs, 
causing severe damage. May cause bronchitis, pneumonia, or edema of 
lungs. Exposure to concentrations of 0.13 to 0.2 percent can be lethal 
to humans in a few minutes. Provide ventilation to limit exposure. 
Reacts with metals, producing hydrogen gas.
    5.2.2 Hydrofluoric Acid (HF). Highly corrosive to eyes, skin, nose, 
throat, and lungs. Reaction to exposure may be delayed by 24 hours or 
more. Provide ventilation to limit exposure.
    5.2.3 Hydrogen Peroxide (H2O2). Very harmful 
to eyes. 30% H2O2 can burn skin, nose, and lungs.
    5.2.4 Nitric Acid (HNO3). Highly corrosive to eyes, skin, 
nose, and lungs. Vapors are highly toxic and can cause bronchitis, 
pneumonia, or edema of lungs. Reaction to inhalation may be delayed as 
long as 30 hours and still be fatal. Provide ventilation to limit 
exposure. Strong oxidizer. Hazardous reaction may occur with organic 
materials such as solvents.
    5.2.5 Sodium Hydroxide (NaOH). Causes severe damage to eyes and 
skin. Inhalation causes irritation to nose, throat, and lungs. Reacts 
exothermically with limited amounts of water.

                       6.0 Equipment and Supplies

    6.1 Sample Collection and Preparation. The following items are 
required for sample collection and preparation:
    6.1.1 Parr Acid Digestion Bomb. Stainless steel with vapor-tight 
Teflon cup and cover.
    6.1.2 Volumetric Pipets. 2- and 5-ml sizes.
    6.1.3 Volumetric Flask. 50-ml polypropylene with screw caps, (one 
needed per standard).
    6.1.4 Funnel. Polyethylene or polypropylene.
    6.1.5 Oven. Capable of maintaining a temperature of approximately 
105 [deg]C (221 [deg]F).
    6.1.6 Analytical Balance. To measure to within 0.1 mg.
    6.2 Analysis. The following items are required for analysis:
    6.2.1 Spectrophotometer and Recorder. Equipped with an electrodeless 
discharge lamp and a background corrector to measure absorbance at 193.7 
nm. For measuring samples having less than 10 [micro]g As/ml, use a 
graphite furnace or vapor generator accessory. The recorder shall match 
the output of the spectrophotometer.
    6.2.2 Volumetric Flasks. Class A, 50-ml (one needed per sample and 
blank), 500-ml, and 1-liter.
    6.2.3 Volumetric Pipets. Class A, 1-, 5-, 10-, and 25-ml sizes.

                       7.0 Reagents and Standards.

    Unless otherwise indicated, it is intended that all reagents conform 
to the specifications established by the Committee on Analytical 
Reagents of the American Chemical Society, where such specifications are 
available; otherwise, use the best available grade.
    7.1 Sample Collection and Preparation. The following reagents are 
required for sample collection and preparation:

[[Page 299]]

    7.1.1 Water. Deionized distilled to meet ASTM D 1193-77 or 91 Type 3 
(incorporated by reference--See Sec.  61.18). When high concentrations 
of organic matter are not expected to be present, the KMnO4 
test for oxidizable organic matter may be omitted. Use in all dilutions 
requiring water.
    7.1.2 Nitric Acid Concentrated.
    7.1.3 Nitric Acid, 0.5 N. In a 1-liter volumetric flask containing 
water, add 32 ml of concentrated HNO3 and dilute to volume 
with water.
    7.1.4 Hydrofluoric Acid, Concentrated.
    7.1.5 Potassium Chloride (KCl) Solution, 10 percent weight by volume 
(W/V). Dissolve 10 g KCl in water, add 3 ml concentrated 
HNO3, and dilute to 100 ml.
    7.1.6 Filter. Teflon filters, 3-micron porosity, 47-mm size. 
(Available from Millipore Co., type FS, Catalog Number FSLW04700.)
    7.1.7 Sodium Borohydride (NaBH4), 5 Percent (W/V). 
Dissolve 50.0 g of NaBH4 in about 500 ml of 0.1 N NaOH in a 
1-liter volumetric flask. Then, dilute to exactly 1.0 liter with 0.1 N 
NaOH.
    7.1.8 Nickel Nitrate, 5 Percent Ni (W/V). Dissolve 24.780 g of 
nickel nitrate hexahydrate [Ni(NO3)2 
6H2O] in water in a 100-ml volumetric flask, and dilute to 
100 ml with water.
    7.1.9 Nickel Nitrate, 1 Percent Ni (W/V). Pipet 20 ml of 5 percent 
nickel nitrate solution into a 100-ml volumetric flask, and dilute to 
100 ml with water.
    7.2 Analysis. The following reagents and standards are required for 
analysis:
    7.2.2 Sodium Hydroxide, 0.1 N. Dissolve 2.00 g of NaOH in water in a 
500-ml volumetric flask. Dilute to volume with water.
    7.2.3 Nitric Acid, 0.5 N. Same as in Section 7.1.3.
    7.2.4 Potassium Chloride Solution, 10 percent. Same as in Section 
7.1.5.
    7.2.5 Hydrochloric Acid, Concentrated.
    7.2.6 Potassium Iodide (KI), 30 Percent (W/V). Dissolve 300 g of KI 
in about 500 ml of water in a 1-liter volumetric flask. Then, dilute to 
exactly 1.0 liter with water.
    7.2.7 Hydrogen Peroxide, 3 Percent by Volume. Pipet 50 ml of 30 
percent H2O2 into a 500-ml volumetric flask, and 
dilute to exactly 500 ml with water.
    7.2.8 Stock Arsenic Standard, 1 mg As/ml. Dissolve 1.3203 g of 
primary grade As2O3 in 20 ml of 0.1 N NaOH. Slowly 
add 30 ml of concentrated HNO3, and heat in an oven at 105 
[deg]C (221 [deg]F) for 2 hours. Allow to cool, and dilute to 1 liter 
with deionized distilled water.
    7.2.9 Nitrous Oxide. Suitable quality for AAS analysis.
    7.2.10 Acetylene. Suitable quality for AAS analysis.
    7.2.11 Quality Assurance Audit Samples. When making compliance 
determinations, and upon availability, audit samples may be obtained 
from the appropriate EPA regional Office or from the responsible 
enforcement authority.
    Note: The responsible enforcement authority should be notified at 
least 30 days prior to the test date to allow sufficient time for sample 
delivery.

       8.0 Sample Collection, Preservation, Transport, and Storage

    8.1 Sample Collection. A sample that is representative of the ore 
lot to be tested must be taken prior to analysis. (A portion of the 
samples routinely collected for metals analysis may be used provided the 
sample is representative of the ore being tested.)
    8.2 Sample Preparation. The sample must be ground into a finely 
pulverized state.

                           9.0 Quality Control

------------------------------------------------------------------------
                                 Quality control
           Section                   measure               Effect
------------------------------------------------------------------------
10.2........................  Spectrophotometer     Ensure linearity of
                               calibration.          spectrophotometer
                                                     response to
                                                     standards.
11.5........................  Check for matrix      Eliminate matrix
                               effects.              effects.
------------------------------------------------------------------------

                  10.0 Calibration and Standardizations

    Note: Maintain a laboratory log of all calibrations.
    10.1 Preparation of Standard Solutions. Pipet 1, 5, 10, and 25 ml of 
the stock As solution into separate 100-ml volumetric flasks. Add 10 ml 
KCl solution and dilute to the mark with 0.5 N HNO3. This 
will give standard concentrations of 10, 50, 100, and 250 [micro]g As/
ml. For low-level arsenic samples that require the use of a graphite 
furnace or vapor generator, follow the procedures in Section 11.3:1. 
Dilute 10 ml of KCl solution to 100 ml with 0.5 N HNO3 and 
use as a reagent blank.
    10.2 Calibration Curve. Analyze the reagent blank and each standard 
solution according to the procedures outlined in Section 11.3. Repeat 
this procedure on each standard solution until two consecutive peaks 
agree within 3 percent of their average value. Subtract the average peak 
height (or peak area) of the blank--which must be less than 2 percent of 
recorder full scale--from the averaged peak heights of each standard 
solution. If the blank absorbance is greater than 2 percent of full-
scale, the probable cause is Hg contamination of a reagent or carry-over 
of As from a previous sample. Prepare the calibration curve by plotting 
the corrected peak height of each standard solution versus the

[[Page 300]]

corresponding final total As weight in the solution.
    10.3 Spectrophotometer Calibration Quality Control. Calculate the 
least squares slope of the calibration curve. The line must pass through 
the origin or through a point no further from the origin than 2 percent of the recorder full scale. Multiply the 
corrected peak height by the reciprocal of the least squares slope to 
determine the distance each calibration point lies from the theoretical 
calibration line. The difference between the calculated concentration 
values and the actual concentrations must be less than 7 percent for all 
standards.
    Note: For instruments equipped with direct concentration readout 
devices, preparation of a standard curve will not be necessary. In all 
cases, follow calibration and operational procedures in the 
manufacturer's instruction manual.

                        11.0 Analytical Procedure

    11.1 Sample Preparation. Weigh 50 to 500 mg of finely pulverized 
sample to the nearest 0.1 mg. Transfer the sample into the Teflon cup of 
the digestion bomb, and add 2 ml each of concentrated HNO3 
and HF. Seal the bomb immediately to prevent the loss of any volatile 
arsenic compounds that may form. Heat in an oven at 105 [deg]C (221 
[deg]F) for 2 hours. Remove the bomb from the oven and allow to cool. 
Using a Teflon filter, quantitatively filter the digested sample into a 
50-ml polypropylene volumetric flask. Rinse the bomb three times with 
small portions of 0.5 N HNO3, and filter the rinses into the 
flask. Add 5 ml of KCl solution to the flask, and dilute to 50 ml with 
0.5 N HNO3.
    11.2 Spectrophotometer Preparation.
    11.2.1 Turn on the power; set the wavelength, slit width, and lamp 
current. Adjust the background corrector as instructed by the 
manufacturer's manual for the particular atomic absorption 
spectrophotometer. Adjust the burner and flame characteristics as 
necessary.
    11.2.2 Develop a spectrophotometer calibration curve as outlined in 
Sections 10.2 and 10.3.
    11.3 Arsenic Determination. Analyze an appropriately sized aliquot 
of each diluted sample (from Section 11.1) until two consecutive peak 
heights agree within 3 percent of their average value. If applicable, 
follow the procedures outlined in Section 11.3.1. If the sample 
concentration falls outside the range of the calibration curve, make an 
appropriate dilution with 0.5 N HNO3 so that the final 
concentration falls within the range of the curve. Using the calibration 
curve, determine the As concentration in each sample.
    Note: Because instruments vary between manufacturers, no detailed 
operating instructions will be given here. Instead, the instrument 
manufacturer's detailed operating instructions should be followed.
    11.3.1 Arsenic Determination at Low Concentration. The lower limit 
of flame AAS is 10 [micro]g As/ml. If the arsenic concentration of any 
sample is at a lower level, use the vapor generator or graphite furnace 
which is available as an accessory component. Flame, graphite furnace, 
or vapor generators may be used for samples whose concentrations are 
between 10 and 30 [micro]g/ml. Follow the manufacturer's instructions in 
the use of such equipment.
    11.3.1.1 Vapor Generator Procedure. Place a sample containing 
between 0 and 5 [micro]g of arsenic in the reaction tube, and dilute to 
15 ml with water. Since there is some trial and error involved in this 
procedure, it may be necessary to screen the samples by conventional AAS 
until an approximate concentration is determined. After determining the 
approximate concentration, adjust the volume of the sample accordingly. 
Pipet 15 ml of concentrated HCl into each tube. Add 1 ml of 30 percent 
KI solution. Place the reaction tube into a 50 [deg]C (120 [deg]F) water 
bath for 5 minutes. Cool to room temperature. Connect the reaction tube 
to the vapor generator assembly. When the instrument response has 
returned to baseline, inject 5.0 ml of 5 percent NaBH4 and 
integrate the resulting spectrophotometer signal over a 30-second time 
period.
    11.3.1.2 Graphite Furnace Procedure. Pipet 5 ml of the digested 
solution into a 10-ml volumetric flask. Add 1 ml of the 1 percent nickel 
nitrate solution, 0.5 ml of 50 percent HNO3, and 1 ml of the 
3 percent H2O2, and dilute to 10 ml with water. 
The sample is now ready to inject in the furnace for analysis.
    11.4 Run a blank and standard at least after every five samples to 
check the spectrophotometer calibration. The peak height of the blank 
must pass through a point no further from the origin than 2 percent of the recorder full scale. The difference 
between the measured concentration of the standard (the product of the 
corrected average peak height and the reciprocal of the least squares 
slope) and the actual concentration of the standard must be less than 7 
percent, or recalibration of the analyzer is required.
    11.5 Mandatory Check for Matrix Effects on the Arsenic Results. Same 
as Method 12, Section 11.5.

                   12.0 Data Analysis and Calculations

    12.1 Calculate the percent arsenic in the ore sample as follows:

[[Page 301]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.524

Where:

Ca = Concentration of As as read from the standard curve, 
          [micro]g/ml.
Fd = Dilution factor (equals to 1 if the sample has not been 
          diluted).
W = Weight of ore sample analyzed, mg.
5 = (50 ml sample `` 100)/(10\3\ [micro]g/mg).

                         13.0 Method Performance

    13.1 Sensitivity. The lower limit of flame AAS is 10 [micro]g As/ml. 
The analytical procedure includes provisions for the use of a graphite 
furnace or vapor generator for samples with a lower arsenic 
concentration.

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                       16.0 Alternative Procedures

    16.1 Alternative Analyzer. Inductively coupled plasma-atomic 
emission spectrometry (ICP-AES) may be used as an alternative to atomic 
absorption analysis provided the following conditions are met:
    16.1.1 Sample collection, sample preparation, and analytical 
preparation procedures are as defined in the method except as necessary 
for the ICP-AES application.
    16.1.2 Quality Assurance/Quality Control procedures, including audit 
material analysis, are conducted as prescribed in the method. The QA 
acceptance conditions must be met.
    16.1.3 The limit of quantitation for the ICP-AES must be 
demonstrated and the sample concentrations reported should be no less 
than two times the limit of quantitation. The limit of quantitation is 
defined as ten times the standard deviation of the blank value. The 
standard deviation of the blank value is determined from the analysis of 
seven blanks. It has been reported that for mercury and those elements 
that form hydrides, a continuous-flow generator coupled to an ICP-AES 
offers detection limits comparable to cold vapor atomic absorption.

                             17.0 References

    Same as References 1 through 9 of Section 17.0 of Method 5, with the 
addition of the following:

    1. Perkin Elmer Corporation. Analytical Methods of Atomic Absorption 
Spectrophotometry. 303-0152. Norwalk, Connecticut. September 1976. pp 5-
6.
    2. Ringwald, D. Arsenic Determination on Process Materials from 
ASARCO's Copper Smelter in Tacoma, Washington. Unpublished Report. 
Prepared for Emission Measurement Branch, Emission Standards and 
Engineering Division, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina. August 1980. 35 pp.
    3. Stack Sampling Safety Manual (Draft). U.S. Environmental 
Protection Agency, Office of Air Quality Planning and Standard, Research 
Triangle Park, NC. September 1978.

   18.0 Tables, Diagrams, Flowcharts, and Validation Data. [Reserved]

   Method 108B--Determination of Arsenic Content in Ore Samples From 
                           Nonferrous Smelters

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from other methods in this appendix and in appendix A to 40 CFR part 60. 
Therefore, to obtain reliable results, persons using this method should 
have a thorough knowledge of at least the following additional test 
methods: Method 12 and Method 108A.

                        1.0 Scope and Application

    1.1 Analytes.

------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Arsenic compounds as arsenic    7440-38-2........  Lower limit 10
 (As).                                              [micro]g/ml.
------------------------------------------------------------------------

    1.2 Applicability. This method applies to the determination of 
inorganic As content of process ore and reverberatory matte samples from 
nonferrous smelters and other sources as specified in an applicable 
subpart of the regulations. Samples resulting in an analytical 
concentration greater than 10 [micro]g As/ml may be analyzed by this 
method. For lower level arsenic samples, Method 108C should be used.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

[[Page 302]]

                          2.0 Summary of Method

    Arsenic bound in ore samples is liberated by acid digestion and 
analyzed by flame atomic absorption spectrophotometry (AAS).

                       3.0 Definitions [Reserved]

                            4.0 Interferences

    Analysis for As by flame AAS is sensitive to the chemical 
composition and to the physical properties (e.g., viscosity, pH) of the 
sample. The analytical procedure includes a check for matrix effects 
(Section 11.4).

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user to establish appropriate safety and health practices and determine 
the applicability of regulatory limitations prior to performing this 
test method.
    5.2 Corrosive Reagents. The following reagents are hazardous. 
Personal protective equipment and safe procedures that prevent chemical 
splashes are recommended. If contact occurs, immediately flush with 
copious amounts of water for at least 15 minutes. Remove clothing under 
shower and decontaminate. Treat residual chemical burns as thermal 
burns.
    5.2.1 Hydrochloric acid (HCl). Highly corrosive liquid with toxic 
vapors. Vapors are highly irritating to eyes, skin, nose, and lungs, 
causing severe damage. May cause bronchitis, pneumonia, or edema of 
lungs. Exposure to concentrations of 0.13 to 0.2 percent can be lethal 
to humans in a few minutes. Provide ventilation to limit exposure. 
Reacts with metals, producing hydrogen gas.
    5.2.2 Hydrofluoric Acid (HF). Highly corrosive to eyes, skin, nose, 
throat, and lungs. Reaction to exposure may be delayed by 24 hours or 
more. Provide ventilation to limit exposure.
    5.2.3 Nitric Acid (HNO3). Highly corrosive to eyes, skin, 
nose, and lungs. Vapors are highly toxic and can cause bronchitis, 
pneumonia, or edema of lungs. Reaction to inhalation may be delayed as 
long as 30 hours and still be fatal. Provide ventilation to limit 
exposure. Strong oxidizer. Hazardous reaction may occur with organic 
materials such as solvents.
    5.2.4 Perchloric Acid (HClO4). Corrosive to eyes, skin, 
nose, and throat. Provide ventilation to limit exposure. Very strong 
oxidizer. Keep separate from water and oxidizable materials to prevent 
vigorous evolution of heat, spontaneous combustion, or explosion. Heat 
solutions containing HClO4 only in hoods specifically 
designed for HClO4.

                       6.0 Equipment and Supplies

    6.1 Sample Preparation. The following items are required for sample 
preparation:
    6.1.1 Teflon Beakers. 150-ml.
    6.1.2 Graduated Pipets. 5-ml disposable.
    6.1.3 Graduated Cylinder. 50-ml.
    6.1.4 Volumetric Flask. 100-ml.
    6.1.5 Analytical Balance. To measure within 0.1 mg.
    6.1.6 Hot Plate.
    6.1.7 Perchloric Acid Fume Hood.
    6.2 Analysis. The following items are required for analysis:
    6.2.1 Spectrophotometer. Equipped with an electrodeless discharge 
lamp and a background corrector to measure absorbance at 193.7 nm.
    6.2.2 Beaker and Watch Glass. 400-ml.
    6.2.3 Volumetric Flask. 1-liter.
    6.2.4 Volumetric Pipets. 1-, 5-, 10-, and 25-ml.

                       7.0 Reagents and Standards

    Unless otherwise indicated, it is intended that all reagents conform 
to the specifications established by the Committee on Analytical 
Reagents of the American Chemical Society, where such specifications are 
available; otherwise, use the best available grade.
    7.1 Sample Preparation. The following reagents are required for 
sample preparation:
    7.1.1 Water. Deionized distilled to meet ASTM D 1193-77 or 91 Type 3 
(incorporated by reference--see Sec.  61.18).
    7.1.2 Nitric Acid, Concentrated.
    7.1.3 Hydrofluoric Acid, Concentrated.
    7.1.4 Perchloric Acid, 70 Percent.
    7.1.5 Hydrochloric Acid, Concentrated.
    7.2 Analysis. The following reagents and standards are required for 
analysis:
    7.2.1 Water. Same as in Section 7.1.1.
    7.2.2 Stock Arsenic Standard, 1.0 mg As/ml. Dissolve 1.3203 g of 
primary grade As203 [dried at 105 [deg]C (221 
[deg]F)] in a 400-ml beaker with 10 ml of HNO3 and 5 ml of 
HCl. Cover with a watch glass, and heat gently until dissolution is 
complete. Add 10 ml of HNO3 and 25 ml of HClO4, 
evaporate to strong fumes of HClO4, and reduce to about 20 ml 
volume. Cool, add 100 ml of water and 100 ml of HCl, and transfer 
quantitatively to a 1-liter volumetric flask. Dilute to volume with 
water and mix.
    7.2.3 Acetylene. Suitable quality for AAS analysis.
    7.2.4 Air. Suitable quality for AAS analysis.

       8.0 Sample Collection, Preservation, Transport, and Storage

    Same as in Method 108A, Sections 8.1 and 8.2.

                           9.0 Quality Control

[[Page 303]]



------------------------------------------------------------------------
                                 Quality control
           Section                   measure               Effect
------------------------------------------------------------------------
10.2........................  Spectrophotometer     Ensure linearity of
                               calibration.          spectrophotometer
                                                     response to
                                                     standards.
11.4........................  Check for matrix      Eliminate matrix
                               effects.              effects.
------------------------------------------------------------------------

                  10.0 Calibration and Standardization

    Note: Maintain a laboratory log of all calibrations.
    10.1 Preparation of Standard Solutions. Pipet 1, 5, 10, and 25 ml of 
the stock As solution into separate 100-ml volumetric flasks. Add 2 ml 
of HClO4, 10 ml of HCl, and dilute to the mark with water. 
This will provide standard concentrations of 10, 50, 100, and 250 
[micro]g As/ml.
    10.2 Calibration Curve and Spectrophotometer Calibration Quality 
Control. Same as Method 108A, Sections 10.2 and 10.3

                        11.0 Analytical Procedure

    11.1 Sample Preparation. Weigh 100 to 1000 mg of finely pulverized 
sample to the nearest 0.1 mg. Transfer the sample to a 150-ml Teflon 
beaker. Dissolve the sample by adding 15 ml of HNO3, 10 ml of 
HCl, 10 ml of HF, and 10 ml of HClO4 in the exact order as 
described, and let stand for 10 minutes. In a HClO4 fume 
hood, heat on a hot plate until 2-3 ml of HClO4 remain, then 
cool. Add 20 ml of water and 10 ml of HCl. Cover and warm until the 
soluble salts are in solution. Cool, and transfer quantitatively to a 
100-ml volumetric flask. Dilute to the mark with water.
    11.2 Spectrophotometer Preparation. Same as in Method 108A, Section 
11.2.
    11.3 Arsenic Determination. If the sample concentration falls 
outside the range of the calibration curve, make an appropriate dilution 
with 2 percent HClO4/10 percent HCl (prepared by diluting 2 
ml concentrated HClO4 and 10 ml concentrated HCl to 100 ml 
with water) so that the final concentration falls within the range of 
the curve. Using the calibration curve, determine the As concentration 
in each sample.
    Note: Because instruments vary between manufacturers, no detailed 
operating instructions will be given here. Instead, the instrument 
manufacturer's detailed operating instructions should be followed.
    Run a blank and standard at least after every five samples to check 
the spectrophotometer calibration. The peak height of the blank must 
pass through a point no further from the origin than 2 percent of the recorder full scale. The difference 
between the measured concentration of the standard (the product of the 
corrected average peak height and the reciprocal of the least squares 
slope) and the actual concentration of the standard must be less than 7 
percent, or recalibration of the analyzer is required.
    11.4 Mandatory Check for Matrix Effects on the Arsenic Results. Same 
as Method 12, Section 11.5.

                   12.0 Data Analysis and Calculations

    Same as in Method 108A, Section 12.0.

                         13.0 Method Performance

    13.1 Sensitivity. The lower limit of flame AAS is 10 [micro]g As/ml.

                  14.0 Pollution Prevention [Reserved]

                    15.0 Waste Management [Reserved]

                             16.0 References

    Same as in Method 108A, Section 16.0.

    17.0 Tables, Diagrams, Flowcharts, and Validation Data [Reserved]

   Method 108C--Determination of Arsenic Content in Ore Samples From 
       Nonferrous Smelters (Molybdenum Blue Photometric Procedure)

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from other methods in this part. Therefore, to obtain reliable results, 
persons using this method should have a thorough knowledge of at least 
Method 108A.

                        1.0 Scope and Application

    1.1 Analytes.

------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Arsenic compounds as arsenic    7440-38-2........  Lower limit 0.0002
 (As).                                              percent As by
                                                    weight.
------------------------------------------------------------------------

    1.2 Applicability. This method applies to the determination of 
inorganic As content of process ore and reverberatory matte samples from 
nonferrous smelters and other sources as specified in an applicable 
subpart of the regulations.

[[Page 304]]

    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    Arsenic bound in ore samples is liberated by acid digestion and 
analyzed by the molybdenum blue photometric procedure.

                       3.0 Definitions. [Reserved]

                      4.0 Interferences. [Reserved]

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user to establish appropriate safety and health practices and determine 
the applicability of regulatory limitations prior to performing this 
test method.
    5.2 Corrosive Reagents. The following reagents are hazardous. 
Personal protective equipment and safe procedures that prevent chemical 
splashes are recommended. If contact occurs, immediately flush with 
copious amounts of water for at least 15 minutes. Remove clothing under 
shower and decontaminate. Treat residual chemical burns as thermal 
burns.
    5.2.1 Hydrochloric Acid (HCl). Highly corrosive liquid with toxic 
vapors. Vapors are highly irritating to eyes, skin, nose, and lungs, 
causing severe damage. May cause bronchitis, pneumonia, or edema of 
lungs. Exposure to concentrations of 0.13 to 0.2 percent can be lethal 
to humans in a few minutes. Provide ventilation to limit exposure. 
Reacts with metals, producing hydrogen gas.
    5.2.2 Hydrofluoric Acid (HF). Highly corrosive to eyes, skin, nose, 
throat, and lungs. Reaction to exposure may be delayed by 24 hours or 
more. Provide ventilation to limit exposure.
    5.2.3 Nitric Acid (HNO4). Highly corrosive to eyes, skin, 
nose, and lungs. Vapors are highly toxic and can cause bronchitis, 
pneumonia, or edema of lungs. Reaction to inhalation may be delayed as 
long as 30 hours and still be fatal. Provide ventilation to limit 
exposure. Strong oxidizer. Hazardous reaction may occur with organic 
materials such as solvents.
    5.2.4 Perchloric Acid (HClO4). Corrosive to eyes, skin, 
nose, and throat. Provide ventilation to limit exposure. Very strong 
oxidizer. Keep separate from water and oxidizable materials to prevent 
vigorous evolution of heat, spontaneous combustion, or explosion. Heat 
solutions containing HClO4 only in hoods specifically 
designed for HClO4.
    5.2.5 Sulfuric acid (H2SO4). Rapidly 
destructive to body tissue. Will cause third degree burns. Eye damage 
may result in blindness. Inhalation may be fatal from spasm of the 
larynx, usually within 30 minutes. May cause lung tissue damage with 
edema. 3 mg/m\3\ will cause lung damage in uninitiated. 1 mg/m\3\ for 8 
hours will cause lung damage or, in higher concentrations, death. 
Provide ventilation to limit inhalation. Reacts violently with metals 
and organics.

                       6.0 Equipment and Supplies

    6.1 Sample Preparation. The following items are required for sample 
preparation:
    6.1.1 Analytical Balance. To measure to within 0.1 mg.
    6.1.2 Erlenmeyer Flask. 300-ml.
    6.1.3 Hot Plate.
    6.1.4 Distillation Apparatus. No. 6, in ASTM E 50-82, 86, or 90 
(Reapproved 1995)(incorporated by reference--see Sec.  61.18); detailed 
in Figure 108C-1.
    6.1.5 Graduated Cylinder. 50-ml.
    6.1.6 Perchloric Acid Fume Hood.
    6.2 Analysis. The following items are required for analysis:
    6.2.1 Spectrophotometer. Capable of measuring at 660 nm.
    6.2.2 Volumetric Flasks. 50- and 100-ml.

                       7.0 Reagents and Standards

    Unless otherwise indicated, it is intended that all reagents conform 
to the specifications established by the Committee on Analytical 
Reagents of the American Chemical Society, where such specifications are 
available; otherwise, use the best available grade.
    7.1 Sample Preparation. The following reagents are required for 
sample preparation:
    7.1.1 Water. Deionized distilled to meet ASTM D 1193-77 or 91 Type 3 
(incorporated by reference--see Sec.  61.18). When high concentrations 
of organic matter are not expected to be present, the KMnO4 
test for oxidizable organic matter may be omitted. Use in all dilutions 
requiring water.
    7.1.2 Nitric Acid, Concentrated.
    7.1.3 Hydrofluoric Acid, Concentrated.
    7.1.4 Sulfuric Acid, Concentrated.
    7.1.5 Perchloric Acid, 70 Percent.
    7.1.6 Hydrochloric Acid, Concentrated.
    7.1.7 Dilute Hydrochloric Acid. Add one part concentrated HCl to 
nine parts water.
    7.1.8 Hydrazine Sulfate 
((NH2)2[middot]H2SO4).
    7.1.9 Potassium Bromide (KBr).
    7.1.10 Bromine Water, Saturated.
    7.2 Analysis. The following reagents and standards are required for 
analysis:
    7.2.1 Water. Same as in Section 7.1.1.
    7.2.2 Methyl Orange Solution, 1 g/liter.
    7.2.3 Ammonium Molybdate Solution, 5 g/liter. Dissolve 0.5 g 
(NH4)Mo7O24[middot]4H2O in 
water in a 100-ml volumetric flask, and dilute to the mark. This 
solution must be freshly prepared.
    7.2.4 Standard Arsenic Solution, 10 [micro]g As/ml. Dissolve 0.13203 
g of As2O3 in 100 ml HCl in a 1-liter volumetric 
flask. Add 200 ml of

[[Page 305]]

water, cool, dilute to the mark with water, and mix. Transfer 100 ml of 
this solution to a 1-liter volumetric flask, add 40 ml HCl, cool, dilute 
to the mark, and mix.
    7.2.5 Hydrazine Sulfate Solution, 1 g/liter. Dissolve 0.1 g of 
[(NH2)2[middot]H2SO4] in 
water, and dilute to 100 ml in a volumetric flask. This solution must be 
freshly prepared.
    7.2.6 Potassium Bromate (KBrO3) Solution, 0.03 Percent 
Weight by Volume (W/V). Dissolve 0.3 g KBrO3 in water, and 
dilute to 1 liter with water.
    7.2.7 Ammonium Hydroxide (NH4OH), Concentrated.
    7.2.8 Boiling Granules.
    7.2.9 Hydrochloric Acid, 50 percent by volume. Dilute equal parts 
concentrated HCl with water.

       8.0 Sample Collection, Preservation, Transport, and Storage

    Same as in Method 108A, Sections 8.1 and 8.2.

                           9.0 Quality Control

------------------------------------------------------------------------
                                 Quality control
           Section                   measure               Effect
------------------------------------------------------------------------
10.2........................  Calibration curve     Ensure linearity of
                               preparation.          spectrophotometric
                                                     response to
                                                     standards.
------------------------------------------------------------------------

                  10.0 Calibration and Standardizations

    Note: Maintain a laboratory log of all calibrations.
    10.1 Preparation of Standard Solutions. Transfer 1.0, 2.0, 4.0, 8.0, 
12.0, 16.0, and 20.0 ml of standard arsenic solution (10 [micro]g/ml) to 
each of seven 50-ml volumetric flasks. Dilute to 20 ml with dilute HCl. 
Add one drop of methyl orange solution and neutralize to the yellow 
color with dropwise addition of NH4OH. Just bring back to the 
red color by dropwise addition of dilute HCl, and add 10 ml in excess. 
Proceed with the color development as described in Section 11.2.
    10.2 Calibration Curve. Plot the spectrophotometric readings of the 
calibration solutions against [micro]g As per 50 ml of solution. Use 
this curve to determine the As concentration of each sample.
    10.3 Spectrophotometer Calibration Quality Control. Calculate the 
least squares slope of the calibration curve. The line must pass through 
the origin or through a point no further from the origin than 2 percent of the recorder full scale. Multiply the 
corrected peak height by the reciprocal of the least squares slope to 
determine the distance each calibration point lies from the theoretical 
calibration line. The difference between the calculated concentration 
values and the actual concentrations must be less than 7 percent for all 
standards.

                        11.0 Analytical Procedure

    11.1 Sample Preparation.
    11.1.1 Weigh 1.0 g of finely pulverized sample to the nearest 0.1 
mg. Transfer the sample to a 300 ml Erlenmeyer flask and add 15 ml of 
HNO3, 4 ml HCl, 2 ml HF, 3 ml HClO4, and 15 ml 
H2SO4, in the order listed. In a HClO4 
fume hood, heat on a hot plate to decompose the sample. Then heat while 
swirling over an open flame until dense white fumes evolve. Cool, add 15 
ml of water, swirl to hydrate the H2SO4 
completely, and add several boiling granules. Cool to room temperature.
    11.1.2 Add 1 g of KBr, 1 g hydrazine sulfate, and 50 ml HCl. 
Immediately attach the distillation head with thermometer and dip the 
side arm into a 50-ml graduated cylinder containing 25 ml of water and 2 
ml of bromine water. Keep the graduated cylinder immersed in a beaker of 
cold water during distillation. Distill until the temperature of the 
vapor in the flask reaches 107 [deg]C (225 [deg]F). When distillation is 
complete, remove the flask from the hot plate, and simultaneously wash 
down the side arm with water as it is removed from the cylinder.
    11.1.3 If the expected arsenic content is in the range of 0.0020 to 
0.10 percent, dilute the distillate to the 50-ml mark of the cylinder 
with water, stopper, and mix. Transfer a 5.0-ml aliquot to a 50-ml 
volumetric flask. Add 10 ml of water and a boiling granule. Place the 
flask on a hot plate, and heat gently until the bromine is expelled and 
the color of methyl orange indicator persists upon the addition of 1 to 
2 drops. Cool the flask to room temperature. Neutralize just to the 
yellow color of the indicator with dropwise additions of 
NH4OH. Bring back to the red color by dropwise addition of 
dilute HCl, and add 10 ml excess. Proceed with the molybdenum blue color 
development as described in Section 11.2.
    11.1.4 If the expected arsenic content is in the range of 0.0002 to 
0.0010 percent As, transfer either the entire initial distillate or the 
measured remaining distillate from Section 11.1.2 to a 250-ml beaker. 
Wash the cylinder with two successive portions of concentrated 
HNO3, adding each portion to the distillate in the beaker. 
Add 4 ml of concentrated HClO4, a boiling granule, and cover 
with a flat watch glass placed slightly to one side. Boil gently on a 
hot plate until the volume is reduced to approximately 10 ml. Add 3 ml 
of HNO3, and continue the evaporation until HClO4 
is refluxing on the beaker cover. Cool

[[Page 306]]

briefly, rinse the underside of the watch glass and the inside of the 
beaker with about 3-5 ml of water, cover, and continue the evaporation 
to expel all but 2 ml of the HClO4.

    Note: If the solution appears cloudy due to a small amount of 
antimony distilling over, add 4 ml of 50 percent HCl and 5 ml of water, 
cover, and warm gently until clear. If cloudiness persists, add 5 ml of 
HNO3 and 2 ml H2SO4. Continue the 
evaporation of volatile acids to solubilize the antimony until dense 
white fumes of H2SO4 appear. Retain at least 1 ml 
of the H2SO4.

    11.1.5 To the 2 ml of HClO4 solution or 1 ml of 
H2SO4 solution, add 15 ml of water, boil gently 
for 2 minutes, and then cool. Proceed with the molybdenum blue color 
development by neutralizing the solution directly in the beaker just to 
the yellow indicator color by dropwise addition of NH4OH. 
Obtain the red color by dropwise addition of dilute HCl. Transfer the 
solution to a 50-ml volumetric flask. Rinse the beaker successively with 
10 ml of dilute HCl, followed by several small portions of water. At 
this point the volume of solution in the flask should be no more than 40 
ml. Continue with the color development as described in Section 11.2.
    11.2 Analysis.
    11.2.1 Add 1 ml of KBrO3 solution to the flask and heat 
on a low-temperature hot plate to about 50 [deg]C (122 [deg]F) to 
oxidize the arsenic and methyl orange. Add 5.0 ml of ammonium molybdate 
solution to the warm solution and mix. Add 2.0 ml of hydrazine sulfate 
solution, dilute until the solution comes within the neck of the flask, 
and mix. Place the flask in a 400 ml beaker, 80 percent full of boiling 
water, for 10 minutes. Enough heat must be supplied to prevent the water 
bath from cooling much below the boiling point upon inserting the 
volumetric flask. Remove the flask, cool to room temperature, dilute to 
the mark, and mix.
    11.2.2 Transfer a suitable portion of the reference solution to an 
absorption cell, and adjust the spectrophotometer to the initial setting 
using a light band centered at 660 nm. While maintaining this 
spectrophotometer adjustment, take the readings of the calibration 
solutions followed by the samples.

                   12.0 Data Analysis and Calculations

    Same as in Method 108A, Section 12.0.

                   13.0 Method Performance. [Reserved]

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                             16.0 References

    1. Ringwald, D. Arsenic Determination on Process Materials from 
ASARCO's Copper Smelter in Tacoma, Washington. Unpublished Report. 
Prepared for the Emission Measurement Branch, Technical Support 
Division, U.S. Environmental Protection Agency, Research Triangle Park, 
North Carolina. August 1980. 35 pp.

[[Page 307]]

         17.0 Tables, Diagrams, Flowcharts, and Validation Data
[GRAPHIC] [TIFF OMITTED] TR17OC00.525

  Method 111--Determination of Polonium-210 Emissions From Stationary 
                                 Sources

    Note: This method does not include all of the specifications (e.g., 
equipment and supplies) and procedures (e.g., sampling and analytical) 
essential to its performance. Some material is incorporated by reference 
from methods in appendix A to 40 CFR part 60. Therefore, to obtain 
reliable results, persons using this method should have a thorough 
knowledge of at least the following additional test methods: Method 1, 
Method 2, Method 3, and Method 5.

                        1.0 Scope and Application

    1.1 Analytes.

------------------------------------------------------------------------
            Analyte                  CAS No.            Sensitivity
------------------------------------------------------------------------
Polonium......................  7440-08-6........  Not specified.
------------------------------------------------------------------------

    1.2 Applicability. This method is applicable for the determination 
of the polonium-210 content of particulate matter samples collected from 
stationary source exhaust stacks, and for the use of these data to 
calculate polonium-210 emissions from individual sources and from all 
affected sources at a facility.
    1.3 Data Quality Objectives. Adherence to the requirements of this 
method will enhance the quality of the data obtained from air pollutant 
sampling methods.

                          2.0 Summary of Method

    A particulate matter sample, collected according to Method 5, is 
analyzed for polonium-210 content: the polonium-210 in the sample is put 
in solution, deposited on a metal disc, and the radioactive 
disintegration rate measured. Polonium in acid solution spontaneously 
deposits on surfaces of metals that are more electropositive than 
polonium. This principle is routinely used in the radiochemical analysis 
of polonium-210. Data reduction procedures are provided, allowing the 
calculation of polonium-210 emissions from individual sources and from 
all

[[Page 308]]

affected sources at a facility, using data obtained from Methods 2 and 5 
and from the analytical procedures herein.

                       3.0 Definitions [Reserved]

                      4.0 Interferences [Reserved]

                               5.0 Safety

    5.1 Disclaimer. This method may involve hazardous materials, 
operations, and equipment. This test method may not address all of the 
safety problems associated with its use. It is the responsibility of the 
user of this test method to establish appropriate safety and health 
practices and determine the applicability of regulatory limitations 
prior to performing this test method.
    5.2 Corrosive Reagents. The following reagents are hazardous. 
Personal protective equipment and safe procedures are useful in 
preventing chemical splashes. If contact occurs, immediately flush with 
copious amounts of water at least 15 minutes. Remove clothing under 
shower and decontaminate. Treat residual chemical burns as thermal 
burns.
    5.2.1 Hydrochloric Acid (HCl). Highly corrosive liquid with toxic 
vapors. Vapors are highly irritating to eyes, skin, nose, and lungs, 
causing severe damage. May cause bronchitis, pneumonia, or edema of 
lungs. Exposure to concentrations of 0.13 to 0.2 percent can be lethal 
to humans in a few minutes. Provide ventilation to limit exposure. 
Reacts with metals, producing hydrogen gas.
    5.2.2 Hydrofluoric Acid (HF). Highly corrosive to eyes, skin, nose, 
throat, and lungs. Reaction to exposure may be delayed by 24 hours or 
more. Provide ventilation to limit exposure.
    5.2.3 Nitric Acid (HNO3). Highly corrosive to eyes, skin, 
nose, and lungs. Vapors cause bronchitis, pneumonia, or edema of lungs. 
Reaction to inhalation may be delayed as long as 30 hours and still be 
fatal. Provide ventilation to limit exposure. Strong oxidizer. Hazardous 
reaction may occur with organic materials such as solvents.
    5.2.4 Perchloric Acid (HClO4). Corrosive to eyes, skin, 
nose, and throat. Provide ventilation to limit exposure. Keep separate 
from water and oxidizable materials to prevent vigorous evolution of 
heat, spontaneous combustion, or explosion. Heat solutions containing 
HClO4 only in hoods specifically designed for 
HClO4.

                       6.0 Equipment and Supplies

    6.1 Alpha Spectrometry System. Consisting of a multichannel 
analyzer, biasing electronics, silicon surface barrier detector, vacuum 
pump and chamber.
    6.2 Constant Temperature Bath at 85 [deg]C (185 [deg]F).
    6.3 Polished Silver Discs. 3.8 cm diameter, 0.4 mm thick with a 
small hole near the edge.
    6.4 Glass Beakers. 400 ml, 150 ml.
    6.5 Hot Plate, Electric.
    6.6 Fume Hood.
    6.7 Teflon Beakers, 150 ml.
    6.8 Magnetic Stirrer.
    6.9 Stirring Bar.
    6.10 Hooks. Plastic or glass, to suspend plating discs.
    6.11 Internal Proportional Counter. For measuring alpha particles.
    6.12 Nucleopore Filter Membranes. 25 mm diameter, 0.2 micrometer 
pore size or equivalent.
    6.13 Planchets. Stainless steel, 32 mm diameter with 1.5 mm lip.
    6.14 Transparent Plastic Tape. 2.5 cm wide with adhesive on both 
sides.
    6.15 Epoxy Spray Enamel.
    6.16 Suction Filter Apparatus. For 25 mm diameter filter.
    6.17 Wash Bottles, 250 ml capacity.
    6.18 Graduated Cylinder, plastic, 25 ml capacity.
    6.19 Volumetric Flasks, 100 ml, 250 ml.

                       7.0 Reagents and Standards

    Unless otherwise indicated, it is intended that all reagents conform 
to the specifications established by the Committee on Analytical 
Reagents of the American Chemical Society, where such specifications are 
available; otherwise, use the best available grade.
    7.1 Ascorbic Acid.
    7.2 Ammonium Hydroxide (NH4OH), 15 M.
    7.3 Water. Deionized distilled, to conform to ASTM D 1193-77 or 91 
(incorporated by reference--see Sec.  61.18), Type 3. Use in all 
dilutions requiring water.
    7.4 Ethanol (C2H5OH), 95 percent.
    7.5 Hydrochloric Acid, 12 M.
    7.6 Hydrochloric Acid, 1 M. Dilute 83 ml of the 12 M HCl to 1 liter 
with distilled water.
    7.7 Hydrofluoric Acid, 29 M.
    7.8 Hydrofluoric Acid, 3 M. Dilute 52 ml of the 29 M HF to 500 ml 
with distilled water. Use a plastic graduated cylinder and storage 
bottle.
    7.9 Lanthanum Carrier, 0.1 mg La+3/ml. Dissolve 0.078 
gram lanthanum nitrate, 
La(NO3)3[middot]6H2O in 250 ml of 1 M 
HCl.
    7.10 Nitric Acid, 16 M.
    7.11 Perchloric Acid, 12 M.
    7.12 Polonium-209 Solution.
    7.13 Silver Cleaner. Any mild abrasive commercial silver cleaner.
    7.14 Degreaser.
    7.15 Standard Solution. Standardized solution of an alpha-emitting 
actinide element, such as plutonium-239 or americium-241.

[[Page 309]]

 8.0 Sample Collection, Preservation, Transport, and Storage. [Reserved]

                           9.0 Quality Control

    9.1 General Requirement.
    9.1.1 All analysts using this method are required to demonstrate 
their ability to use the method and to define their respective accuracy 
and precision criteria.

               9.2 Miscellaneous Quality Control Measures

------------------------------------------------------------------------
                                 Quality control
           Section                   measure               Effect
------------------------------------------------------------------------
10.1........................  Standardization of    Ensure precision of
                               alpha spectrometry    sample analyses.
                               system.
10.3........................  Standardization of    Ensure precise
                               internal              sizing of sample
                               proportional          aliquot.
                               counter.
11.1, 11.2..................  Determination of      Minimize background
                               procedure             effects.
                               background and
                               instrument
                               background.
------------------------------------------------------------------------

                  10.0 Calibration and Standardization

    10.1 Standardization of Alpha Spectrometry System.
    10.1.1 Add a quantity of the actinide standard solution to a 100 ml 
volumetric flask so that the final concentration when diluted to a 
volume of 100 ml will be approximately 1 pCi/ml.
    10.1.2 Add 10 ml of 16 M HNO3 and dilute to 100 ml with 
water.
    10.1.3 Add 20 ml of 1 M HCl to each of six 150 ml beakers. Add 1.0 
ml of lanthanum carrier, 0.1 mg lanthanum per ml, to the acid solution 
in each beaker.
    10.1.4 Add 1.0 ml of the 1 pCi/ml working solution (from Section 
10.1.1) to each beaker. Add 5.0 ml of 3 M HF to each beaker.
    10.1.5 Cover beakers and allow solutions to stand for a minimum of 
30 minutes. Filter the contents of each beaker through a separate filter 
membrane using the suction filter apparatus. After each filtration, wash 
the filter membrane with 10 ml of distilled water and 5 ml of ethanol, 
and allow the filter membrane to air dry on the filter apparatus.
    10.1.6 Carefully remove the filter membrane and mount it, filtration 
side up, with double-side tape on the inner surface of a planchet. Place 
planchet in an alpha spectrometry system and count each planchet for 
1000 minutes.
    10.1.7 Calculate the counting efficiency of the detector for each 
aliquot of the 1 pCi/ml actinide working solution using Eq. 111-1 in 
Section 12.2.
    10.1.8 Determine the average counting efficiency of the detector, 
Ec, by calculating the average of the six determinations.
    10.2 Preparation of Standardized Solution of Polonium-209.
    10.2.1 Add a quantity of the Po-209 solution to a 100 ml volumetric 
flask so that the final concentration when diluted to a 100 ml volume 
will be approximately 1 pCi/ml.
    10.2.2 Follow the procedures outlined in Sections 10.1.2 through 
10.1.6, except substitute 1.0 ml of polonium-209 tracer solution 
(Section 10.2.1) and 3.0 ml of 15 M ammonium hydroxide for the 1 pCi/ml 
actinide working solution and the 3 M HF, respectively.
    10.2.3 Calculate the activity of each aliquot of the polonium-209 
tracer solution using Eq. 111-2 in Section 12.3.
    10.2.4 Determine the average activity of the polonium-209 tracer 
solution, F, by averaging the results of the six determinations.
    10.3 Standardization of Internal Proportional Counter
    10.3.1 Add a quantity of the actinide standard solution to a 100 ml 
volumetric flask so that the final concentration when diluted to a 100 
ml volume will be approximately 100 pCi/ml.
    10.3.2 Follow the procedures outlined in Sections 10.1.2 through 
10.1.6, except substitute the 100 pCi/ml actinide working solution for 
the 1 pCi/ml solution, place the planchet in an internal proportional 
counter (instead of an alpha spectrometry system), and count for 100 
minutes (instead of 1000 minutes).
    10.3.3 Calculate the counting efficiency of the internal 
proportional counter for each aliquot of the 100 pCi/ml actinide working 
solution using Eq. 111-3 in 12.4.
    10.3.4 Determine the average counting efficiency of the internal 
proportional counter, EI, by averaging the results of the six 
determinations.

                        11.0 Analytical Procedure

    Note: Perform duplicate analyses of all samples, including 
background counts and Method 5 samples. Duplicate measurements are 
considered acceptable when the difference between them is less than two 
standard deviations as described in EPA 600/4-77-001 or subsequent 
revisions.
    11.1 Determination of Procedure Background. Background counts used 
in all equations are determined by performing the specific analysis 
required using the analytical reagents only. All procedure background 
counts and sample counts for the internal proportional counter should 
utilize a counting time of 100 minutes; for the alpha spectrometry 
system, 1000 minutes. These background counts should be performed no 
less frequently than once per 10 sample analyses.

[[Page 310]]

    11.2 Determination of Instrument Background. Instrument backgrounds 
of the internal proportional counter and the alpha spectrometry system 
should be determined on a weekly basis. Instrument background should not 
exceed procedure background. If this occurs, it may be due to a 
malfunction or contamination, and should be corrected before use.
    11.4 Sample Preparation. Treat the Method 5 samples [i.e., the glass 
fiber filter (Container No. 1) and the acetone rinse (Container No. 2)] 
as follows:
    11.4.1 Container No. 1. Transfer the filter and any loose 
particulate matter from the sample container to a 150-ml Teflon beaker.
    11.4.2 Container No. 2. Note the level of liquid in the container, 
and confirm on the analysis sheet whether leakage occurred during 
transport. If a noticeable amount of leakage has occurred, either void 
the sample or use methods, subject to the approval of the Administrator, 
to correct the final results. Transfer the contents to a 400-ml glass 
beaker. Add polonium-209 tracer solution to the glass beaker in an 
amount approximately equal to the amount of polonium-210 expected in the 
total particulate sample. Record the activity of the tracer solution 
added. Add 16 M nitric acid to the beaker to digest and loosen the 
residue.
    11.4.3 Transfer the contents of the glass beaker to the Teflon 
beaker containing the glass fiber filter. Rinse the glass beaker with 16 
M HNO3. If necessary, reduce the volume in the beaker by 
evaporation until all of the nitric acid HNO3 from the glass 
beaker has been transferred to the Teflon beaker.
    11.4.4 Add 30 ml of 29 M HF to the Teflon beaker and evaporate to 
near dryness on a hot plate in a properly operating hood.

    Note: Do not allow the residue to go to dryness and overheat; this 
will result in loss of polonium.

    11.4.5 Repeat step 11.4.4 until the filter is dissolved.
    11.4.6 Add 100 ml of 16 M HNO3 to the residue in the 
Teflon beaker and evaporate to near dryness.

    Note: Do not allow the residue to go to dryness.

    11.4.7 Add 50 ml of 16 M HNO3 and 10 ml of 12 M 
perchloric acid to the Teflon beaker and heat until dense fumes of 
perchloric acid are evolved.
    11.4.8 Repeat steps 11.4.4 to 11.4.7 as necessary until sample is 
completely dissolved.
    11.4.9 Add 10 ml of 12 M HCl to the Teflon beaker and evaporate to 
dryness. Repeat additions and evaporations several times.
    11.4.10 Transfer the sample to a 250-ml volumetric flask and dilute 
to volume with 3 M HCl.
    11.5 Sample Screening. To avoid contamination of the alpha 
spectrometry system, check each sample as follows:
    11.5.1 Add 20 ml of 1 M HCl, 1 ml of the lanthanum carrier solution 
(0.1 mg La/ml), a 1 ml aliquot of the sample solution from Section 
11.4.10, and 3 ml of 15 M ammonium hydroxide to a 250-ml beaker in the 
order listed. Allow this solution to stand for a minimum of 30 minutes.
    11.5.2 Filter the solution through a filter membrane using the 
suction filter apparatus. Wash the filter membrane with 10 ml of water 
and 5 ml of ethanol, and allow the filter membrane to air dry on the 
filter apparatus.
    11.5.3 Carefully remove the filter membrane and mount it, filtration 
side up, with double-side tape on the inner surface of a planchet. Place 
the planchet in an internal proportional counter, and count for 100 
minutes.
    11.5.4 Calculate the activity of the sample using Eq. 111-4 in 
Section 12.5.
    11.5.5 Determine the aliquot volume of the sample solution from 
Section 11.4.10 to be analyzed for polonium-210, such that the aliquot 
contains an activity between 1 and 4 picocuries. Use Eq. 111-5 in 
Section 12.6.
    11.6 Preparation of Silver Disc for Spontaneous Electrodeposition.
    11.6.1 Clean both sides of the polished silver disc with silver 
cleaner and with degreaser.
    11.6.2 Place disc on absorbent paper and spray one side with epoxy 
spray enamel. This should be carried out in a well-ventilated area, with 
the disc lying flat to keep paint on one side only. Allow paint to dry 
for 24 hours before using disc for deposition.
    11.7 Sample Analysis.
    11.7.1 Add the aliquot of sample solution from Section 11.4.10 to be 
analyzed for polonium-210, the volume of which was determined in Section 
11.5.5, to a suitable 200-ml container to be placed in a constant 
temperature bath.

    Note: Aliquot volume may require a larger container.

    11.7.2 If necessary, bring the volume to 100 ml with 1 M HCl. If the 
aliquot volume exceeds 100 ml, use total aliquot.
    11.7.3 Add 200 mg of ascorbic acid and heat solution to 85 [deg]C 
(185 [deg]F) in a constant temperature bath.
    11.7.4 Suspend a silver disc in the heated solution using a glass or 
plastic rod with a hook inserted through the hole in the disc. The disc 
should be totally immersed in the solution, and the solution must be 
stirred constantly, at all times during the plating operation. Maintain 
the disc in solution for 3 hours.
    11.7.5 Remove the silver disc, rinse with deionized distilled water, 
and allow to air dry at room temperature.
    11.7.6 Place the disc, with deposition side (unpainted side) up, on 
a planchet and secure

[[Page 311]]

with double-side plastic tape. Place the planchet with disc in alpha 
spectrometry system and count for 1000 minutes.

                  12.0 Data Analysis and Calculations.

    12.1 Nomenclature.

A = Picocuries of polonium-210 in the Method 5 sample (from Section 
12.8).
AA = Picocuries of actinide added.
AL = Volume of sample aliquot used, in ml (specified in 
Section 11.5.1 as 1 ml).
AS = Aliquot to be analyzed, in ml.
BB = Procedure background counts measured in polonium-209 
spectral region.
BT = Polonium-209 tracer counts in sample.
CT = Total counts in polonium-210 spectral region.
D = Decay correction for time ``t'' (in days) from sample collection to 
sample counting, given by: D = e-0.005t
EC = Average counting efficiency of detector (from Section 
10.1.8), as counts per disintegration.
ECi = Counting efficiency of the detector for aliquot i of 
the actinide working solution, counts per disintegration.
EI = Average counting efficiency of the internal proportional 
counter, as determined in Section 10.3.4, counts per disintegration.
EIi = Counting efficiency of the internal proportional 
counter for aliquot i of the 100 pCi/ml actinide working solution, 
counts per disintegration.
EY = The fraction of polonium-209 recovered on the planchet 
(from Section 12.7).
F= Average activity of polonium-209 in sample (from Section 10.2.4), in 
pCi.
Fi = activity of aliquot i of the polonium-209 tracer 
solution, in pCi.
L = Dilution factor (unitless). This is the volume of sample solution 
prepared (specified as 250 ml in Section 11.1.10) divided by the volume 
of the aliquot of sample solution analyzed for polonium-210 (from 
Section 11.7.1).
Mi = Phosphorous rock processing rate of the source being 
tested, during run i, Mg/hr.
Mk = Phosphate rock processed annually by source k, in Mg/yr.
n = Number of calciners at the elemental phosphorus plant.
P = Total activity of sample solution from Section 11.4.10, in pCi (see 
Eq. 111-4).
Qsd = Volumetric flow rate of effluent stream, as determined 
by Method 2, in dscm/hr.
S = Annual polonium-210 emissions from the entire facility, in curies/
yr.
Vm(std) = Volume of air sample, as determined by Method 5, in 
dscm.
Xk = Emission rate from source k, from Section 12.10, in 
curies/Mg.
10-12 = Curies per picocurie.
2.22 = Disintegrations per minute per picocurie.
250 = Volume of solution from Section 11.4.10, in ml.

    12.2 Counting Efficiency. Calculate the counting efficiency of the 
detector for each aliquot of the 1 pCi/ml actinide working solution 
using Eq. 111-1.
[GRAPHIC] [TIFF OMITTED] TR17OC00.526

Where:

CB = Background counts in same peak area as CS.
CS = Gross counts in actinide peak.
T = Counting time in minutes, specified in Section 10.1.6 as 1000 
          minutes.

    12.3 Polonium-209 Tracer Solution Activity. Calculate the activity 
of each aliquot of the polonium-209 tracer solution using Eq. 111-2.
[GRAPHIC] [TIFF OMITTED] TR17OC00.527

Where:

CB = Background counts in the 4.88 MeV region of spectrum the 
          in the counting time T.
CS = Gross counts of polonium-209 in the 4.88 MeV region of 
          the spectrum in the counting time T.
T = Counting time, specified in Section 10.1.6 as 1000 minutes.


[[Page 312]]


    12.4 Control Efficiency of Internal Proportional Counter. Calculate 
the counting efficiency of the internal proportional counter for each 
aliquot of the 100 pCi/ml actinide working solution using Eq. 111-3.
[GRAPHIC] [TIFF OMITTED] TR17OC00.528

Where:

CB = Gross counts of procedure background.
CS = Gross counts of standard.
T = Counting time in minutes, specified in Section 10.3.2 as 100 
          minutes.

    12.5 Calculate the activity of the sample using Eq. 111-4.
    [GRAPHIC] [TIFF OMITTED] TR17OC00.529
    
Where:

CB = Total counts of procedure background. (See Section 
          11.1).
CS = Total counts of screening sample.
T = Counting time for sample and background (which must be equal), in 
          minutes (specified in Section 11.5.3 as 100 minutes).

    12.6 Aliquot Volume. Determine the aliquot volume of the sample 
solution from Section 11.4.10 to be analyzed for polonium-210 , such 
that the aliquot contains an activity between 1 and 4 picocuries using 
Eq. 111-5.
[GRAPHIC] [TIFF OMITTED] TR17OC00.530

    12.7 Polonium-209 Recovery. Calculate the fraction of polonium-209 
recovered on the planchet, EY, using Eq. 111-6.
[GRAPHIC] [TIFF OMITTED] TR17OC00.531

Where:

T = Counting time, specified in Section 11.1 as 1000 minutes.

    12.8 Polonium-210 Activity. Calculate the activity of polonium-210 
in the Method 5 sample (including glass fiber filter and acetone rinse) 
using Eq. 111-7.
[GRAPHIC] [TIFF OMITTED] TR17OC00.532


[[Page 313]]


Where:

CB = Procedure background counts in polonium-210 spectral 
          region.
T = Counting time, specified in Section 11.1 as 1000 minutes for all 
          alpha spectrometry sample and background counts.

    12.9 Emission Rate from Each Stack.
    12.9.1 For each test run, i, on a stack, calculate the measured 
polonium-210 emission rate, RSi, using Eq. 111-8.
[GRAPHIC] [TIFF OMITTED] TR17OC00.533

    12.9.2 Determine the average polonium-210 emission rate from the 
stack, RS, by taking the sum of the measured emission rates 
for all runs, and dividing by the number of runs performed.
    12.9.3 Repeat steps 12.9.1 and 12.9.2 for each stack of each 
calciner.
    12.10 Emission Rate from Each Source. Determine the total polonium-
210 emission rate, Xk, from each source, k, by taking the sum 
of the average emission rates from all stacks to which the source 
exhausts.
    12.11 Annual Polonium-210 Emission Rate from Entire Facility. 
Determine the annual elemental phosphorus plant emissions of polonium-
210, S, using Eq. 111-9.
[GRAPHIC] [TIFF OMITTED] TR17OC00.534

                   13.0 Method Performance. [Reserved]

                  14.0 Pollution Prevention. [Reserved]

                    15.0 Waste Management. [Reserved]

                             16.0 References

    1. Blanchard, R.L. ``Rapid Determination of Lead-210 and Polonium-
210 in Environmental Samples by Deposition on Nickel.'' Anal. Chem., 
38:189, pp. 189-192. February 1966.

    17.0 Tables, Diagrams, Flowcharts, and Validation Data [Reserved]

   Method 114--Test Methods for Measuring Radionuclide Emissions from 
                           Stationary Sources

1. Purpose and Background

    This method provides the requirements for: (1) Stack monitoring and 
sample collection methods appropriate for radionuclides; (2) 
radiochemical methods which are used in determining the amounts of 
radionuclides collected by the stack sampling and; (3) quality assurance 
methods which are conducted in conjunction with these measurements. 
These methods are appropriate for emissions for stationary sources. A 
list of references is provided.
    Many different types of facilities release radionuclides into air. 
These radionuclides differ in the chemical and physical forms, half-
lives and type of radiation emitted. The appropriate combination of 
sample extraction, collection and analysis for an individual 
radionuclide is dependent upon many interrelated factors including the 
mixture of other radionuclides present. Because of this wide range of 
conditions, no single method for monitoring or sample collection and 
analysis of a radionuclide is applicable to all types of facilities. 
Therefore, a series of methods based on ``principles of measurement'' 
are described for monitoring and sample collection and analysis which 
are applicable to the measurement of radionuclides found in effluent 
streams at stationary sources. This approach provides the user with the 
flexibility to choose the most appropriate combination of monitoring and 
sample collection and analysis methods which are applicable to the 
effluent stream to be measured.

2. Stack Monitoring and Sample Collection Methods

    Monitoring and sample collection methods are described based on 
``principles of monitoring and sample collection'' which are applicable 
to the measurement of radionuclides from effluent streams at stationary 
sources.

[[Page 314]]

Radionuclides of most elements will be in the particulate form in these 
effluent streams and can be readily collected using a suitable filter 
media. Radionuclides of hydrogen, oxygen, carbon, nitrogen, the noble 
gases and in some circumstances iodine will be in the gaseous form. 
Radionuclides of these elements will require either the use of an in-
line or off-line monitor to directly measure the radionuclides, or 
suitable sorbers, condensers or bubblers to collect the radionuclides.
    2.1 Radionuclides as Particulates. The extracted effluent stream is 
passed through a filter media to remove the particulates. The filter 
must have a high efficiency for removal of sub-micron particles. The 
guidance in ANSI/HPS N13.1-1999 (section 6.6.2 Filter media) shall be 
followed in using filter media to collect particulates (incorporated by 
reference--see Sec.  61.18 of this part).
    2.2 Radionuclides as Gases.
    2.2.1 The Radionuclide Tritium (H-3). Tritium in the form of water 
vapor is collected from the extracted effluent sample by sorption, 
condensation or dissolution techniques. Appropriate collectors may 
include silica gel, molecular sieves, and ethylene glycol or water 
bubblers.
    Tritium in the gaseous form may be measured directly in the sample 
stream using Method B-1, collected as a gas sample or may be oxidized 
using a metal catalyst to tritiated water and collected as described 
above.
    2.2.2 Radionuclides of Iodine. Iodine is collected from an extracted 
sample by sorption or dissolution techniques. Appropriate collectors may 
include charcoal, impregnated charcoal, metal zeolite and caustic 
solutions.
    2.2.3 Radionuclides of Argon, Krypton and Xenon. Radionuclides of 
these elements are either measured directly by an in-line or off-line 
monitor, or are collected from the extracted sample by low temperature 
sorption techniques, Appropriate sorbers may include charcoal or metal 
zeolite.
    2.2.4 Radionuclides of Oxygen, Carbon, Nitrogen and Radon. 
Radionuclides of these elements are measured directly using an in-line 
or off-line monitor. Radionuclides of carbon in the form of carbon 
dioxide may be collected by dissolution in caustic solutions.
    2.3 Definition of Terms
    In-line monitor means a continuous measurement system in which the 
detector is placed directly in or adjacent to the effluent stream. This 
may involve either gross radioactivity measurements or specific 
radionuclide measurements. Gross measurements shall be made in 
conformance with the conditions specified in Methods A-4, B-2 and G-4.
    Off-line monitor means a measurement system in which the detector is 
used to continuously measure an extracted sample of the effluent stream. 
This may involve either gross radioactivity measurements or specific 
radionuclide measurements. Gross measurements shall be made in 
conformance with the conditions specified in Methods A-4, B-2 and G-4.
    Sample collection means a procedure in which the radionuclides are 
removed from an extracted sample of the effluent using a collection 
media. These collection media include filters, absorbers, bubblers and 
condensers. The collected sample is analyzed using the methods described 
in Section 3.

3. Radionuclide Analysis Methods

    A series of methods based on ``principles of measurement'' are 
described which are applicable to the analysis of radionuclides 
collected from airborne effluent streams at stationary sources. These 
methods are applicable only under the conditions stated and within the 
limitations described. Some methods specify that only a single 
radionuclide be present in the sample or the chemically separated 
sample. This condition should be interpreted to mean that no other 
radionuclides are present in quantities which would interfere with the 
measurement.
    Also identified (Table 1) are methods for a selected list of 
radionuclides. The listed radionuclides are those which are most 
commonly used and which have the greatest potential for causing dose to 
members of the public. Use of methods based on principles of measurement 
other than those described in this section must be approved in advance 
of use by the Administrator. For radionuclides not listed in Table 1, 
any of the described methods may be used provided the user can 
demonstrate that the applicability conditions of the method have been 
met.
    The type of method applicable to the analysis of a radionuclide is 
dependent upon the type of radiation emitted, i.e., alpha, beta or 
gamma. Therefore, the methods described below are grouped according to 
principles of measurements for the analysis of alpha, beta and gamma 
emitting radionuclides.
    3.1 Methods for Alpha Emitting Radionuclides
    3.1.1 Method A-1, Radiochemistry-Alpha Spectrometry.
    Principle: The element of interest is separated from other elements, 
and from the sample matrix using radiochemical techniques. The procedure 
may involve precipitation, ion exchange, or solvent extraction. Carriers 
(elements chemically similar to the element of interest) may be used. 
The element is deposited on a planchet in a very thin film by 
electrodeposition or by coprecipitation on a very small amount of 
carrier, such as lanthanum fluoride. The deposited element is then 
counted with an alpha spectrometer. The activity of the nuclide of 
interest is measured by the number of alpha counts in the appropriate 
energy region. A

[[Page 315]]

correction for chemical yield and counting efficiency is made using a 
standardized radioactive nuclide (tracer) of the same element. If a 
radioactive tracer is not available for the element of interest, a 
predetermined chemical yield factor may be used.
    Applicability: This method is applicable for determining the 
activity of any alpha-emitting radionuclide, regardless of what other 
radionuclides are present in the sample provided the chemical separation 
step produces a very thin sample and removes all other radionuclides 
which could interfere in the spectral region of interest. APHA-605(2), 
ASTM-D-3972(13).
    3.1.2 Method A-2, Radiochemistry-Alpha Counting.
    Principle: The element of interest is separated from other elements, 
and from the sample matrix using radiochemistry. The procedure may 
involve precipitation, ion exchange, or solvent extraction. Carriers 
(elements chemically similar to the element of interest) may be used. 
The element is deposited on a planchet in a thin film and counted with 
an alpha counter. A correction for chemical yield (if necessary) is 
made. The alpha count rate measures the total activity of all emitting 
radionuclides of the separated element.
    Applicability: This method is applicable for the measurement of any 
alpha-emitting radionuclide, provided no other alpha emitting 
radionuclide is present in the separated sample. It may also be 
applicable for determining compliance, when other radionuclides of the 
separated element are present, provided that the calculated emission 
rate is assigned to the radionuclide which could be present in the 
sample that has the highest dose conversion factor. IDO-12096(18).
    3.1.3 Method A-3, Direct Alpha Spectrometry.
    Principle: The sample, collected on a suitable filter, is counted 
directly on an alpha spectrometer. The sample must be thin enough and 
collected on the surface of the filter so that any absorption of alpha 
particle energy in the sample or the filter, which would degrade the 
spectrum, is minimal.
    Applicability: This method is applicable to simple mixtures of alpha 
emitting radionuclides and only when the amount of particulates 
collected on the filter paper are relatively small and the alpha spectra 
is adequately resolved. Resolutions should be 50 keV (FWHM) or better, 
ASTM-D-3084(16).
    3.1.4 Method A-4, Direct Alpha Counting (Gross alpha determination).
    Principle: The sample, collected on a suitable filter, is counted 
with an alpha counter. The sample must be thin enough so that self-
absorption is not significant and the filter must be of such a nature 
that the particles are retained on the surface.
    Applicability: Gross alpha determinations may be used to measure 
emissions of specific radionuclides only (1) when it is known that the 
sample contains only a single radionuclide, or the identity and isotopic 
ratio of the radionuclides in the sample are well-known, and (2) 
measurements using either Method A-1, A-2 or A-5 have shown that this 
method provides a reasonably accurate measurement of the emission rate. 
Gross alpha measurements are applicable to unidentified mixtures of 
radionuclides only for the purposes and under the conditions described 
in section 3.7. APHA-601(3), ASTM-D-1943(10).
    3.1.5 Method A-5, Chemical Determination of Uranium.
    Principle: Uranium may be measured chemically by either colorimetry 
or fluorometry. In both procedures, the sample is dissolved, the uranium 
is oxidized to the hexavalent form and extracted into a suitable 
solvent. Impurities are removed from the solvent layer. For colorimetry, 
dibenzoylmethane is added, and the uranium is measured by the absorbance 
in a colorimeter. For fluorometry, a portion of the solution is fused 
with a sodium fluoride-lithium fluoride flux and the uranium is 
determined by the ultraviolet activated fluorescence of the fused disk 
in a fluorometer.
    Applicability: This method is applicable to the measurements of 
emission rates of uranium when the isotopic ratio of the uranium 
radionuclides is well known. ASTM-E-318(15), ASTM-D-2907(14).
    3.1.6 Method A-6, Radon-222--Continuous Gas Monitor.
    Principle: Radon-222 is measured directly in a continuously 
extracted sample stream by passing the air stream through a calibrated 
scintillation cell. Prior to the scintillation cell, the air stream is 
treated to remove particulates and excess moisture. The alpha particles 
from radon-222 and its decay products strike a zinc sulfide coating on 
the inside of the scintillation cell producing light pulses. The light 
pulses are detected by a photomultiplier tube which generates electrical 
pulses. These pulses are processed by the system electronics and the 
read out is in pCi/l of radon-222.
    Applicability: This method is applicable to the measurement of 
radon-222 in effluent streams which do not contain significant 
quantities of radon-220. Users of this method should calibrate the 
monitor in a radon calibration chamber at least twice per year. The 
background of the monitor should also be checked periodically by 
operating the instrument in a low radon environment. EPA 520/1-89-
009(24).
    3.1.7 Method A-7, Radon-222-Alpha Track Detectors
    Principle: Radon-222 is measured directly in the effluent stream 
using alpha track detectors (ATD). The alpha particles emitted by

[[Page 316]]

radon-222 and its decay products strike a small plastic strip and 
produce submicron damage tracks. The plastic strip is placed in a 
caustic solution that accentuates the damage tracks which are counted 
using a microscope or automatic counting system. The number of tracks 
per unit area is correlated to the radon concentration in air using a 
conversion factor derived from data generated in a radon calibration 
facility.
    Applicability: Prior approval from EPA is required for use of this 
method. This method is only applicable to effluent streams which do not 
contain significant quantities of radon-220, unless special detectors 
are used to discriminate against radon-220. This method may be used only 
when ATDs have been demonstrated to produce data comparable to data 
obtained with Method A-6. Such data should be submitted to EPA when 
requesting approval for the use of this method. EPA 520/1-89-009(24).
    3.2 Methods for Gaseous Beta Emitting Radionuclides.
    3.2.1 Method B-1, Direct Counting in Flow-Through Ionization 
Chambers.
    Principle: An ionization chamber containing a specific volume of gas 
which flows at a given flow rate through the chamber is used. The sample 
(effluent stream sample) acts as the counting gas for the chamber. The 
activity of the radionuclide is determined from the current measured in 
the ionization chamber.
    Applicability: This method is applicable for measuring the activity 
of a gaseous beta-emitting radionuclide in an effluent stream that is 
suitable as a counting gas, when no other beta-emitting nuclides are 
present. DOE/EP-0096(17), NCRP-58(23).
    3.2.2 Method B-2, Direct Counting With In-line or Off-line Beta 
Detectors.
    Principle: The beta detector is placed directly in the effluent 
stream (in-line) or an extracted sample of the effluent stream is passed 
through a chamber containing a beta detector (off-line). The activities 
of the radionuclides present in the effluent stream are determined from 
the beta count rate, and a knowledge of the radionuclides present and 
the relationship of the gross beta count rate and the specific 
radionuclide concentration.
    Applicability: This method is applicable only to radionuclides with 
maximum beta particle energies greater then 0.2 MeV. This method may be 
used to measure emissions of specific radionuclides only when it is 
known that the sample contains only a single radionuclide or the 
identity and isotopic ratio of the radionuclides in the effluent stream 
are well known. Specific radionuclide analysis of periodic grab samples 
may be used to identify the types and quantities of radionuclides 
present and to establish the relationship between specific radionuclide 
analyses and gross beta count rates.
    This method is applicable to unidentified mixtures of gaseous 
radionuclides only for the purposes and under the conditions described 
in section 3.7.
    3.3 Methods for Non-Gaseous Beta Emitting Radionuclides.
    3.3.1 Method B-3, Radiochemistry-Beta Counting.
    Principle: The element of interest is separated from other elements, 
and from the sample matrix by radiochemistry. This may involve 
precipitation, distillation, ion exchange, or solvent extraction. 
Carriers (elements chemically similar to the element of interest) may be 
used. The element is deposited on a planchet, and counted with a beta 
counter. Corrections for chemical yield, and decay (if necessary) are 
made. The beta count rate determines the total activity of all 
radionuclides of the separated element. This method may also involve the 
radiochemical separation and counting of a daughter element, after a 
suitable period of ingrowth, in which case it is specific for the parent 
nuclide.
    Applicability: This method is applicable for measuring the activity 
of any beta-emitting radionuclide, with a maximum energy greater than 
0.2 MeV, provided no other radionuclide is present in the separated 
sample. APHA-608(5).
    3.3.2 Method B-4, Direct Beta Counting (Gross beta determination).
    Principle: The sample, collected on a suitable filter, is counted 
with a beta counter. The sample must be thin enough so that self-
absorption corrections can be made.
    Applicability: Gross beta measurements are applicable only to 
radionuclides with maximum beta particle energies greater than 0.2 MeV. 
Gross beta measurements may be used to measure emissions of specific 
radionuclides only (1) when it is known that the sample contains only a 
single radionuclide, and (2) measurements made using Method B-3 show 
reasonable agreement with the gross beta measurement. Gross beta 
measurements are applicable to mixtures of radionuclides only for the 
purposes and under the conditions described in section 3.7. APHA-602(4), 
ASTM-D-1890(11).
    3.3.3 Method B-5, Liquid Scintillation Spectrometry.
    Principle: An aliquot of a collected sample or the result of some 
other chemical separation or processing technique is added to a liquid 
scintillation ``cocktail'' which is viewed by photomultiplier tubes in a 
liquid scintillation spectrometer. The spectrometer is adjusted to 
establish a channel or ``window'' for the pulse energy appropriate to 
the nuclide of interest. The activity of the nuclide of interest is 
measured by the counting rate in the appropriate energy channel. 
Corrections are made for chemical yield where separations are made.

[[Page 317]]

    Applicability: This method is applicable to any beta-emitting 
nuclide when no other radionuclide is present in the sample or the 
separated sample provided that it can be incorporated in the 
scintillation cocktail. This method is also applicable for samples which 
contain more than one radionuclide but only when the energies of the 
beta particles are sufficiently separated so that they can be resolved 
by the spectrometer. This method is most applicable to the measurement 
of low-energy beta emitters such as tritium and carbon-14. APHA-609(6), 
EML-LV-539-17(19).
    3.4 Gamma Emitting Radionuclides
    3.4.1 Method G-1, High Resolution Gamma Spectrometry.
    Principle: The sample is counted with a high resolution gamma 
detector, usually either a Ge(Li) or a high purity Ge detector, 
connected to a multichannel analyzer or computer. The gamma emitting 
radionuclides in the sample are measured from the gamma count rates in 
the energy regions characteristic of the individual radionuclide. 
Corrections are made for counts contributed by other radionuclides to 
the spectral regions of the radionuclides of interest. Radiochemical 
separations may be made prior to counting but are usually not necessary.
    Applicability: This method is applicable to the measurement of any 
gamma emitting radionuclide with gamma energies greater than 20 keV. It 
can be applied to complex mixtures of radionuclides. The samples counted 
may be in the form of particulate filters, absorbers, liquids or gases. 
The method may also be applied to the analysis of gaseous gamma emitting 
radionuclides directly in an effluent stream by passing the stream 
through a chamber or cell containing the detector. ASTM-3649(9), IDO-
12096(18).
    3.4.2 Method G-2, Low Resolution Gamma Spectrometry.
    Principle: The sample is counted with a low resolution gamma 
detector, a thallium activated sodium iodide crystal. The detector is 
coupled to a photomultiplier tube and connected to a multichannel 
analyzer. The gamma emitting radionuclides in the sample are measured 
from the gamma count rates in the energy regions characteristic of the 
individual radionuclides. Corrections are made for counts contributed by 
other radionuclides to the spectral regions of the radionuclides of 
interest. Radiochemical separation may be used prior to counting to 
obtain less complex gamma spectra if needed.
    Applicability: This method is applicable to the measurement of gamma 
emitting radionuclides with energies greater than 100 keV. It can be 
applied only to relatively simple mixtures of gamma emitting 
radionuclides. The samples counted may be in the form of particulate 
filters, absorbers, liquids or gas. The method can be applied to the 
analysis of gaseous radionuclides directly in an effluent stream by 
passing the gas stream through a chamber or cell containing the 
detector. ASTM-D-2459(12), EMSL-LV-0539-17(19).
    3.4.3 Method G-3, Single Channel Gamma Spectrometry.
    Principle: The sample is counted with a thallium activated sodium 
iodide crystal. The detector is coupled to a photomultiplier tube 
connected to a single channel analyzer. The activity of a gamma emitting 
radionuclide is determined from the gamma counts in the energy range for 
which the counter is set.
    Applicability: This method is applicable to the measurement of a 
single gamma emitting radionuclide. It is not applicable to mixtures of 
radionuclides. The samples counted may be in the form of particulate 
filters, absorbers, liquids or gas. The method can be applied to the 
analysis of gaseous radionuclides directly in an effluent stream by 
passing the gas stream through a chamber or cell containing the 
detector.
    3.4.4 Method G-4, Gross Gamma Counting.
    Principle: The sample is counted with a gamma detector usually a 
thallium activated sodium iodine crystal. The detector is coupled to a 
photomultiplier tube and gamma rays above a specific threshold energy 
level are counted.
    Applicability: Gross gamma measurements may be used to measure 
emissions of specific radionuclides only when it is known that the 
sample contains a single radionuclide or the identity and isotopic ratio 
of the radionuclides in the effluent stream are well known. When gross 
gamma measurements are used to determine emissions of specific 
radionuclides periodic measurements using Methods G-1 or G-2 should be 
made to demonstrate that the gross gamma measurements provide reliable 
emission data. This method may be applied to analysis of gaseous 
radionuclides directly in an effluent stream by placing the detector 
directly in or adjacent to the effluent stream or passing an extracted 
sample of the effluent stream through a chamber or cell containing the 
detector.
    3.5 Counting Methods. All of the above methods with the exception of 
Method A-5 involve counting the radiation emitted by the radionuclide. 
Counting methods applicable to the measurement of alpha, beta and gamma 
radiations are listed below. The equipment needed and the counting 
principles involved are described in detail in ASTM-3648(8).
    3.5.1 Alpha Counting:
     Gas Flow Proportional Counters. The alpha 
particles cause ionization in the counting gas and the resulting 
electrical pulses are counted. These counters may be windowless or have 
very thin windows.
     Scintillation Counters. The alpha particles 
transfer energy to a scintillator resulting in a production of light 
photons which strike a

[[Page 318]]

photomultiplier tube converting the light photons to electrical pulses 
which are counted. The counters may involve the use of solid 
scintillation materials such as zinc sulfide or liquid scintillation 
solutions.
     Solid-State Counters. Semiconductor materials, 
such as silicon surface-barrier p-n junctions, act as solid ionization 
chambers. The alpha particles interact which the detector producing 
electron hole pairs. The charged pair is collected by an applied 
electrical field and the resulting electrical pulses are counted.
     Alpha Spectrometers. Semiconductor detectors used 
in conjunction with multichannel analyzers for energy discrimination.
    3.5.2 Beta Counting:
     Ionization Chambers. These chambers contain the 
beta-emitting nuclide in gaseous form. The ionization current produced 
is measured.
     Geiger-Muller (GM) Counters-or Gas Flow 
Proportional Counters. The beta particles cause ionization in the 
counting gas and the resulting electrical pulses are counted. 
Proportional gas flow counters which are heavily shielded by lead or 
other metal, and provided with an anti-coincidence shield to reject 
cosmic rays, are called low background beta counters.
     Scintillation Counters. The beta particles 
transfer energy to a scintillator resulting in a production of light 
photons, which strike a photomultiplier tube converting the light photon 
to electrical pulses which are counted. This may involve the use of 
anthracene crystals, plastic scintillator, or liquid scintillation 
solutions with organic phosphors.
     Liquid Scintillation Spectrometers. Liquid 
scintillation counters which use two photomultiplier tubes in 
coincidence to reduce background counts. This counter may also 
electronically discriminate among pulses of a given range of energy.
    3.5.3 Gamma Counting:
     Low-Resolution Gamma Spectrometers. The gamma 
rays interact with thallium activated sodium iodide or cesium iodide 
crystal resulting in the release of light photons which strike a 
photomultiplier tube converting the light pulses to electrical pulses 
proportional to the energy of the gamma ray. Multi-channel analyzers are 
used to separate and store the pulses according to the energy absorbed 
in the crystal.
     High-Resolution gamma Spectrometers. Gamma rays 
interact with a lithium-drifted (Ge(Li)) or high-purity germanium (HPGe) 
semiconductor detectors resulting in a production of electron-hole 
pairs. The charged pair is collected by an applied electrical field. A 
very stable low noise preamplifier amplifies the pulses of electrical 
charge resulting from the gamma photon interactions. Multichannel 
analyzers or computers are used to separate and store the pulses 
according to the energy absorbed in the crystal.
     Single Channel Analyzers. Thallium activated 
sodium iodide crystals used with a single window analyzer. Pulses from 
the photomultiplier tubes are separated in a single predetermined energy 
range.
    3.5.4 Calibration of Counters. Counters are calibrated for specific 
radionuclide measurements using a standard of the radionuclide under 
either identical or very similar conditions as the sample to be counted. 
For gamma spectrometers a series of standards covering the energy range 
of interest may be used to construct a calibration curve relating gamma 
energy to counting efficiency.
    In those cases where a standard is not available for a radionuclide, 
counters may be calibrated using a standard with energy characteristics 
as similar as possible to the radionuclide to be measured. For gross 
alpha and beta measurements of the unidentified mixtures of 
radionuclides, alpha counters are calibrated with a natural uranium 
standard and beta counters with a cesium-137 standard. The standard must 
contain the same weight and distribution of solids as the samples, and 
be mounted in an identical manner. If the samples contain variable 
amounts of solids, calibration curves relating weight of solids present 
to counting efficiency are prepared. Standards other than those 
prescribed may be used provided it can be shown that such standards are 
more applicable to the radionuclide mixture measured.
    3.6 Radiochemical Methods for Selected Radionuclides. Methods for a 
selected list of radionuclides are listed in Table 1. The radionuclides 
listed are those which are most commonly used and which have the 
greatest potential for causing doses to members of the public. For 
radionuclides not listed in Table 1, methods based on any of the 
applicable ``principles of measurement'' described in section 3.1 
through 3.4 may be used.
    3.7 Applicability of Gross Alpha and Beta Measurements to 
Unidentified Mixtures of Radionuclides. Gross alpha and beta 
measurements may be used as a screening measurement as a part of an 
emission measurement program to identify the need to do specific 
radionuclide analyses or to confirm or verify that unexpected 
radionuclides are not being released in significant quantities.
    Gross alpha (Method A-4) or gross beta (Methods B-2 or B-4) 
measurements may also be used for the purpose of comparing the measured 
concentrations in the effluent stream with the limiting ``Concentration 
Levels for Environmental Compliance'' in table 2 of appendix E. For 
unidentified mixtures, the measured concentration value shall be 
compared with the lowest environmental concentration limit for any 
radionuclide which is not known to be absent from the effluent stream.

[[Page 319]]



      Table 1--List of Approved Methods for Specific Radionuclides
------------------------------------------------------------------------
               Radionuclide                 Approved methods of analysis
------------------------------------------------------------------------
Am-241....................................  A-1, A-2, A-3, A-4
Ar-41.....................................  B-1, B-2, G-1, G-2, G-3, G-4
Ba-140....................................  G-1, G-2, G-3, G-4
Br-82.....................................  G-1, G-2, G-3, G-4
C-11......................................  B-1, B-2, G-1, G-2, G-3, G-4
C-14......................................  B-5
Ca-45.....................................  B-3, B-4, B-5
Ce-144....................................  G-1, G-2, G-3, G-4
Cm-244....................................  A-1, A-2, A-3, A-4
Co-60.....................................  G-1, G-2, G-3, G-4
Cr-51.....................................  G-1, G-2, G-3, G-4
Cs-134....................................  G-1, G-2, G-3, G-4
Cs-137....................................  G-1, G-2, G-3, G-4
Fe-55.....................................  B-5, G-1
Fe-59.....................................  G-1, G-2, G-3, G-4
Ga-67.....................................  G-1, G-2, G-3, G-4
H-3 (H2O).................................  B-5
H-3 (gas).................................  B-1
I-123.....................................  G-1, G-2, G-3, G-4
I-125.....................................  G-1
I-131.....................................  G-1, G-2, G-3, G-4
In-113m...................................  G-1, G-2, G-3, G-4
Ir-192....................................  G-1, G-2, G-3, G-4
Kr-85.....................................  B-1, B-2, B-5, G-1, G-2, G-
                                             3, G-4
Kr-87.....................................  B-1, B-2, G-1, G-2, G-3, G-4
Kr-88.....................................  B-1, B-2, G-1, G-2, G-3, G-4
Mn-54.....................................  G-1, G-2, G-3, G-4
Mo-99.....................................  G-1, G-2, G-3, G-4
N-13......................................  B-1, B-2, G-1, G-2, G-3, G-4
O-15......................................  B-1, B-2, G-1, G-2, G-3, G-4
P-32......................................  B-3, B-4, B-5
Pm-147....................................  B-3, B-4, B-5
Po-210....................................  A-1, A-2, A-3, A-4
Pu-238....................................  A-1, A-2, A-3, A-4
Pu-239....................................  A-1, A-2, A-3, A-4
Pu-240....................................  A-1, A-2, A-3, A-4
Ra-226....................................  A-1, A-2, G-1, G-2
S-35......................................  B-5
Se-75.....................................  G-1, G-2, G-3, G-4
Sr-90.....................................  B-3, B-4, B-5
Tc-99.....................................  B-3, B-4, B-5
Te-201....................................  G-1, G-2, G-3, G-4
Uranium (total alpha).....................  A-1, A-2, A-3, A-4
Uranium (Isotopic)........................  A-1, A-3
Uranium (Natural).........................  A-5
Xe-133....................................  G-1
Yb-169....................................  G-1, G-2, G-3, G-4
Zn-65.....................................  G-1, G-2, G-3, G-4
------------------------------------------------------------------------

4. Quality Assurance Methods

    Each facility required to measure their radionuclide emissions shall 
conduct a quality assurance program in conjunction with the radionuclide 
emission measurements. This program shall assure that the emission 
measurements are representative, and are of known precision and accuracy 
and shall include administrative controls to assure prompt response when 
emission measurements indicate unexpectedly large emissions. The program 
shall consist of a system of policies, organizational responsibilities, 
written procedures, data quality specifications, audits, corrective 
actions and reports. This quality assurance program shall include the 
following program elements:
    4.1 The organizational structure, functional responsibilities, 
levels of authority and lines of communications for all activities 
related to the emissions measurement program shall be identified and 
documented.
    4.2 Administrative controls shall be prescribed to ensure prompt 
response in the event that emission levels increase due to unplanned 
operations.
    4.3 The sample collection and analysis procedures used in measuring 
the emissions shall be described including where applicable:
    4.3.1 Identification of sampling sites and number of sampling 
points, including the rationale for site selections.
    4.3.2 A description of sampling probes and representativeness of the 
samples.
    4.3.3 A description of any continuous monitoring system used to 
measure emissions, including the sensitivity of the system, calibration 
procedures and frequency of calibration.
    4.3.4 A description of the sample collection systems for each 
radionuclide measured, including frequency of collection, calibration 
procedures and frequency of calibration.
    4.3.5 A description of the laboratory analysis procedures used for 
each radionuclide measured, including frequency of analysis, calibration 
procedures and frequency of calibration.
    4.3.6 A description of the sample flow rate measurement systems or 
procedures, including calibration procedures and frequency of 
calibration.
    4.3.7 A description of the effluent flow rate measurement 
procedures, including frequency of measurements, calibration procedures 
and frequency of calibration.
    4.4 The objectives of the quality assurance program shall be 
documented and shall state the required precision, accuracy and 
completeness of the emission measurement data including a description of 
the procedures used to assess these parameters. Accuracy is the degree 
of agreement of a measurement with a true or known value. Precision is a 
measure of the agreement among individual measurements of the same 
parameters under similar conditions. Completeness is a measure of the 
amount of valid data obtained compared to the amount expected under 
normal conditions.
    4.5 A quality control program shall be established to evaluate and 
track the quality of the emissions measurement data against preset 
criteria. The program should include where applicable a system of 
replicates, spiked samples, split samples, blanks and control charts. 
The number and frequency of such quality control checks shall be 
identified.
    4.6 A sample tracking system shall be established to provide for 
positive identification of samples and data through all phases

[[Page 320]]

of the sample collection, analysis and reporting system. Sample handling 
and preservation procedures shall be established to maintain the 
integrity of samples during collection, storage and analysis.
    4.7 Regular maintenance, calibration and field checks shall be 
performed for each sampling system in use by satisfying the requirements 
found in Table 2: Maintenance, Calibration and Field Check Requirements.

     Table 2--Maintenance, Calibration and Field Check Requirements
------------------------------------------------------------------------
       Sampling system components             Frequency of activity
------------------------------------------------------------------------
Cleaning of thermal anemometer elements  As required by application.
Inspect pitot tubes for contaminant      At least annually.
 deposits.
Inspect pitot tube systems for leaks...  At least annually.
Inspect sharp-edged nozzles for damage.  At least annually or after
                                          maintenance that could cause
                                          damage.
Check nozzles for alignment, presence    Annually.
 of deposits, or other potentially
 degrading factors.
Check transport lines of HEPA-filtered   Annually.
 applications to determine if cleaning
 is required.
Clean transport lines..................  Visible deposits for HEPA-
                                          filtered applications. Mean
                                          mass of deposited material
                                          exceeds 1g/m\2\ for other
                                          applications.
Inspect or test the sample transport     At least annually.
 system for leaks.
Check mass flow meters of sampling       At least quarterly.
 systems with a secondary or transfer
 standard.
Inspect rotameters of sampling systems   At the start of each sampling
 for presence of foreign matter.          period.
Check response of stack flow rate        At least quarterly.
 systems.
Calibration of flow meters of sampling   At least annually.
 systems.
Calibration of effluent flow             At least annually.
 measurement devices.
Calibration of timing devices..........  At least annually.
------------------------------------------------------------------------

    4.8 Periodic internal and external audits shall be performed to 
monitor compliance with the quality assurance program. These audits 
shall be performed in accordance with written procedures and conducted 
by personnel who do not have responsibility for performing any of the 
operations being audited.
    4.9 A corrective action program shall be established including 
criteria for when corrective action is needed, what corrective actions 
will be taken and who is responsible for taking the corrective action.
    4.10 Periodic reports to responsible management shall be prepared on 
the performance of the emissions measurements program. These reports 
should include assessment of the quality of the data, results of audits 
and description of corrective actions.
    4.11 The quality assurance program should be documented in a quality 
assurance project plan that should address each of the above 
requirements.

5. References

    (1) American National Standards Institute ``Guide to Sampling 
Airborne Radioactive Materials in Nuclear Facilities'', ANSI-N13.1-1969, 
American National Standards Institute, New York, New York (1969).
    (2) American Public Health Association, ``Methods of Air Sampling'', 
2nd Edition, Method 605, ``Tentative Method of Analysis for Plutonium 
Content of Atmospheric Particulate Matter''. American Public Health 
Association, New York, NY (1977).
    (3) Ibid, Method 601, ``Tentative Method of Analysis for Gross Alpha 
Radioactivity Content of the Atmosphere''.
    (4) Ibid, Method 602, ``Tentative Method of the Analysis for Gross 
Beta Radioactivity Content of the Atmosphere''.
    (5) Ibid, Method 608, ``Tentative Method of Analysis for Strontium-
90 Content of Atmospheric Particulate Matter''.
    (6) Ibid, Method 609, ``Tentative Method of Analysis for Tritium 
Content of the Atmosphere''.
    (7) Ibid, Method 603, ``Tentative Method of Analysis for Iodine-131 
Content of the Atmosphere''.
    (8) American Society for Testing and Materials, 1986 Annual Book 
ASTM Standards, Designation D-3648-78, ``Standard Practices for the 
Measurement of Radioactivity''. American Society for Testing and 
Materials, Philadelphia, PA (1986).
    (9) Ibid, Designation D-3649-85, ``Standard Practice for High 
Resolution Gamma Spectrometry''.
    (10) Ibid, Designation D-1943-81, ``Standard Test Method for Alpha 
Particle Radioactivity of Water''.
    (11) Ibid, Designation D-1890-81, ``Standard Test Method for Beta 
Particle Radioactivity of Water''.
    (12) Ibid, Designation D-2459-72, ``Standard Test Method for Gamma 
Spectrometry of Water''.
    (13) Ibid, Designation D-3972-82, ``Standard Test Method for 
Isotopic Uranium in Water by Radiochemistry''.

[[Page 321]]

    (14) Ibid, Designation D-2907-83, ``Standard Test Methods for 
Microquantities of Uranium in Water by Fluorometry''.
    (15) Ibid, Designation E-318, ``Standard Test Method for Uranium in 
Aqueous Solutions by Colorimetry''.
    (16) Ibid, Designation D-3084-75, ``Standard Practice for Alpha 
Spectrometry of Water''.
    (17) Corley, J.P. and C.D. Corbit, ``A Guide for Effluent 
Radiological Measurements at DOE Installations'', DOE/EP-0096, Pacific 
Northwest Laboratories, Richland, Washington (1983).
    (18) Department of Energy, ``RESL Analytical Chemistry Branch 
Procedures Manual'', IDO-12096, U.S. Department of Energy, Idaho Falls, 
Idaho (1982).
    (19) Environmental Protection Agency, ``Radiochemical Analytical 
Procedures for Analysis of Environmental Samples'', EMSL-LV-0539-17, 
U.S. Environmental Protection Agency, Environmental Monitoring and 
Support Laboratory, Las Vegas, Nevada (1979).
    (20) Environmental Protection Agency, ``Radiochemistry Procedures 
Manual'', EPA 520/5-84-006, Eastern Environmental Radiation Facility, 
Montgomery, Alabama (1984).
    (21) National Council on Radiation Protection and Measurements, NCRP 
Report No. 50, ``Environmental Radiation Measurements'', National 
Council on Radiation Protection and Measurement, Bethesda, Maryland 
(1976).
    (22) Ibid, Report No. 47, ``Tritium Measurement Techniques''. 
(1976).
    (23) Ibid, Report No. 58 ``A Handbook of Radioactivity Measurement 
Procedures'' (1985).
    (24) Environmental Protection Agency, ``Indoor Radon and Radon Decay 
Product Measurement Protocols'', EPA 520/1-89-009, U.S. Environmental 
Protection Agency, Washington, DC (1989).

             Method 115--Monitoring for Radon-222 Emissions

    This appendix describes the monitoring methods which must be used in 
determining the radon-222 emissions from underground uranium mines, 
uranium mill tailings piles, phosphogypsum stacks, and other piles of 
waste material emitting radon.

1. Radon-222 Emissions from Underground Uranium Mine Vents

    1.1 Sampling Frequency and Calculation of Emissions. Radon-222 
emissions from underground uranium mine vents shall be determined using 
one of the following methods:
    1.1.1 Continuous Measurement. These measurements shall be made and 
the emissions calculated as follows:
    (a) The radon-222 concentration shall be continuously measured at 
each mine vent whenever the mine ventilation system is operational.
    (b) Each mine vent exhaust flow rate shall be measured at least 4 
times per year.
    (c) A weekly radon-222 emission rate for the mine shall be 
calculated and recorded weekly as follows:

Aw= C1Q1T1 + 
          C2Q2T2 + . . . 
          CiQiTi

Where:
Aw = Total radon-222 emitted from the mine during week (Ci)
Ci = Average radon-222 concentration in mine vent i(Ci/m\3\)
Qi = Volumetric flow rate from mine vent i(m\3\/hr)
Ti = Hours of mine ventilation system operation during week 
          for mine vent i(hr)

    (d) The annual radon-222 emission rate is the sum of the weekly 
emission rates during a calendar year.
    1.1.2 Periodic Measurement. This method is applicable only to mines 
that continuously operate their ventilation system except for extended 
shutdowns. Mines which start up and shut down their ventilation system 
frequently must use the continuous measurement method describe in 
Section 1.1.1 above. Emission rates determined using periodic 
measurements shall be measured and calculated as follows:
    (a) The radon-222 shall be continuously measured at each mine vent 
for at least one week every three months.
    (b) Each mine vent exhaust flow rate shall be measured at least once 
during each of the radon-222 measurement periods.
    (c) A weekly radon-222 emission rate shall be calculated for each 
weekly period according to the method described in Section 1.1.1. In 
this calculation T = 168 hr.
    (d) The annual radon-222 emission rate from the mine should be 
calculated as follows:
[GRAPHIC] [TIFF OMITTED] TC15NO91.090

Where:
Ay = Annual radon-222 emission rate from the mine(Ci)
Awi = Weekly radon-222 emission rate during the measurement 
          period i (Ci)
n = Number of weekly measurement periods per year
Ws = Number of weeks during the year that the mine 
          ventilation system is shut down in excess of 7 consecutive 
          days, i.e. the sum of the number of weeks each shut down 
          exceeds 7 days

    1.2 Test Methods and Procedures
    Each underground mine required to test its emissions, unless an 
equivalent or alternative method has been approved by the Administrator, 
shall use the following test methods:
    1.2.1 Test Method 1 of appendix A to part 60 shall be used to 
determine velocity traverses. The sampling point in the duct shall

[[Page 322]]

be either the centroid of the cross section or the point of average 
velocity.
    1.2.2 Test Method 2 of appendix A to part 60 shall be used to 
determine velocity and volumetric flow rates.
    1.2.3 Test Methods A-6 or A-7 of appendix B, Method 114 to part 61 
shall be used for the analysis of radon-222. Use of Method A-7 requires 
prior approval of EPA based on conditions described in appendix B.
    1.2.4 A quality assurance program shall be conducted in conformance 
with the programs described for Continuous Radon Monitors and Alpha 
Track Detectors in EPA 520/1-89-009. (2)

2. Radon-222 Emissions from Uranium Mill Tailings Piles

    2.1 Measurement and Calculation of Radon Flux from Uranium Mill 
Tailings Piles.
    2.1.1 Frequency of Flux Measurement. A single set of radon flux 
measurements may be made, or if the owner or operator chooses, more 
frequent measurements may be made over a one year period. These 
measurements may involve quarterly, monthly or weekly intervals. All 
radon measurements shall be made as described in paragraphs 2.1.2 
through 2.1.6 except that for measurements made over a one year period, 
the requirement of paragraph 2.1.4(c) shall not apply. The mean radon 
flux from the pile shall be the arithmetic mean of the mean radon flux 
for each measurement period. The weather conditions, moisture content of 
the tailings and area of the pile covered by water existing at the time 
of the measurement shall be chosen so as to provide measurements 
representative of the long term radon flux from the pile and shall be 
subject to EPA review and approval.
    2.1.2 Distribution of Flux Measurements. The distribution and number 
of radon flux measurements required on a pile will depend on clearly 
defined areas of the pile (called regions) that can have significantly 
different radon fluxes due to surface conditions. The mean radon flux 
shall be determined for each individual region of the pile. Regions that 
shall be considered for operating mill tailings piles are:

    (a) Water covered areas,
    (b) Water saturated areas (beaches),
    (c) Dry top surface areas, and
    (d) Sides, except where earthen material is used in dam 
construction.

    For mill tailings after disposal the pile shall be considered to 
consist of only one region.
    2.1.3 Number of Flux Measurements. Radon flux measurements shall be 
made within each region on the pile, except for those areas covered with 
water. Measurements shall be made at regularly spaced locations across 
the surface of the region, realizing that surface roughness will 
prohibit measurements in some areas of a region. The minimum number of 
flux measurements considered necessary to determine a representative 
mean radon flux value for each type of region on an operating pile is:

    (a) Water covered area--no measurements required as radon flux is 
assumed to be zero,
    (b) Water saturated beaches--100 radon flux measurements,
    (c) Loose and dry top surface--100 radon flux measurements,
    (d) Sides--100 radon flux measurements, except where earthern 
material is used in dam construction.

    For a mill tailings pile after disposal which consists of only one 
region a minimum of 100 measurements are required.
    2.1.4 Restrictions to Radon Flux Measurements. The following 
restrictions are placed on making radon flux measurements:

    (a) Measurements shall not be initiated within 24 hours of a 
rainfall.
    (b) If a rainfall occurs during the 24 hour measurements period, the 
measurement is invalid if the seal around the lip of the collector has 
washed away or if the collector is surrounded by water.
    (c) Measurements shall not be performed if the ambient temperature 
is below 35 [deg]F or if the ground is frozen.

    2.1.5 Areas of Pile Regions. The approximate area of each region of 
the pile shall be determined in units of square meters.
    2.1.6 Radon Flux Measurement. Measuring radon flux involves the 
adsorption of radon on activated charcoal in a large-area collector. The 
radon collector is placed on the surface of the pile area to be measured 
and allowed to collect radon for a time period of 24 hours. The radon 
collected on the charcoal is measured by gamma-ray spectroscopy. The 
detailed measurement procedure provided in appendix A of EPA 520/5-85-
0029(1) shall be used to measure the radon flux on uranium mill 
tailings, except the surface of the tailings shall not be penetrated by 
the lip of the radon collector as directed in the procedure, rather the 
collector shall be carefully positioned on a flat surface with soil or 
tailings used to seal the edge.
    2.1.7 Calculations. The mean radon flux for each region of the pile 
and for the total pile shall be calculated and reported as follows:

    (a) The individual radon flux calculations shall be made as provided 
in appendix A EPA 86 (1). The mean radon flux for each region of the 
pile shall be calculated by summing all individual flux measurements for 
the region and dividing by the total number of flux measurements for the 
region.
    (b) The mean radon flux for the total uranium mill tailings pile 
shall be calculated as follows.

[[Page 323]]

[GRAPHIC] [TIFF OMITTED] TC15NO91.091

Where:

Js = Mean flux for the total pile (pCi/m\2\-s)
Ji = Mean flux measured in region i (pCi/m\2\-s)
Ai = Area of region i (m\2\)
At = Total area of the pile (m\2\)

    2.1.8 Reporting. The results of individual flux measurements, the 
approximate locations on the pile, and the mean radon flux for each 
region and the mean radon flux for the total stack shall be included in 
the emission test report. Any condition or unusual event that occurred 
during the measurements that could significantly affect the results 
should be reported.
    3.0 Radon-222 Emissions from Phosphogypsum Stacks.
    3.1 Measurement and Calculation of the Mean Radon Flux. Radon flux 
measurements shall be made on phosphogypsum stacks as described below:
    3.1.1 Frequency of Measurements. A single set of radon flux 
measurements may be made after the phosphogypsum stack becomes inactive, 
or if the owner or operator chooses, more frequent measurements may be 
made over a one year period. These measurements may involve quarterly, 
monthly or weekly intervals. All radon measurements shall be made as 
described in paragraphs 3.1.2 through 3.1.6 except that for measurements 
made over a one year period, the requirement of paragraph 3.1.4(c) shall 
not apply. For measurements made over a one year period, the radon flux 
shall be the arithmetic mean of the mean radon flux for each measurement 
period.
    3.1.2 Distribution and Number of Flux Measurements. The distribution 
and number of radon flux measurements required on a stack will depend on 
clearly defined areas of the stack (called regions) that can have 
significantly different radon fluxes due to surface conditions. The mean 
radon flux shall be determined for each individual region of the stack. 
Regions that shall be considered are:

    (a) Water covered areas,
    (b) Water saturated areas (beaches),
    (c) Loose and dry top surface areas,
    (d) Hard-packed roadways, and
    (e) Sides.

    3.1.3 Number of Flux Measurements. Radon flux measurements shall be 
made within each region on the phosphogypsum stack, except for those 
areas covered with water. Measurements shall be made at regularly spaced 
locations across the surface of the region, realizing that surface 
roughness will prohibit measurements in some areas of a region. The 
minimum number of flux measurements considered necessary to determine a 
representative mean radon flux value for each type of region is:

    (a) Water covered area--no measurements required as radon flux is 
assumed to be zero,
    (b) Water saturated beaches--50 radon flux measurements,
    (c) Loose and dry top surface--100 radon flux measurements,
    (d) Hard-packed roadways--50 radon flux measurements, and
    (e) Sides--100 radon flux measurements.

A minimum of 300 measurements are required. A stack that has no water 
cover can be considered to consist of two regions, top and sides, and 
will require a minimum of only 200 measurements.
    3.1.4 Restrictions to Radon Flux Measurements. The following 
restrictions are placed on making radon flux measurements:

    (a) Measurements shall not be initiated within 24 hours of a 
rainfall.
    (b) If a rainfall occurs during the 24 hour measurement period, the 
measurement is invalid if the seal around the lip of the collector has 
washed away or if the collector is surrounded by water.
    (c) Measurements shall not be performed if the ambient temperature 
is below 35 [deg]F or if the ground is frozen.

    3.1.5 Areas of Stack Regions. The approximate area of each region of 
the stack shall be determined in units of square meters.
    3.1.6 Radon Flux Measurements. Measuring radon flux involves the 
adsorption of radon on activated charcoal in a large-area collector. The 
radon collector is placed on the surface of the stack area to be 
measured and allowed to collect radon for a time period of 24 hours. The 
radon collected on the charcoal is measured by gamma-ray spectroscopy. 
The detailed measurement procedure provided in appendix A of EPA 520/5-
85-0029(1) shall be used to measure the radon flux on phosphogypsum 
stacks, except the surface of the phosphogypsum shall not be penetrated 
by the lip of the radon collector as directed in the procedure, rather 
the collector shall be carefully positioned on a flat surface with soil 
or phosphogypsum used to seal the edge.
    3.1.7 Calculations. The mean radon flux for each region of the 
phosphogypsum stack and for the total stack shall be calculated and 
reported as follows:

    (a) The individual radon flux calculations shall be made as provided 
in appendix A EPA 86 (1). The mean radon flux for each region of the 
stack shall be calculated by summing all individual flux measurements 
for the region and dividing by the total number of flux measurements for 
the region.
    (b) The mean radon flux for the total phosphogypsum stack shall be 
calculated as follows.

[[Page 324]]

[GRAPHIC] [TIFF OMITTED] TC15NO91.092

Where:
Js = Mean flux for the total stack (pCi/m\2\-s)
Ji = Mean flux measured in region i (pCi/m\2\-s)
Ai = Area of region i (m\2\)
At = Total area of the stack

    3.1.8 Reporting. The results of individual flux measurements, the 
approximate locations on the stack, and the mean radon flux for each 
region and the mean radon flux for the total stack shall be included in 
the emission test report. Any condition or unusual event that occurred 
during the measurements that could significantly affect the results 
should be reported.
    4.0 Quality Assurance Procedures for Measuring Rn-222 Flux

                         A. Sampling Procedures

    Records of field activities and laboratory measurements shall be 
maintained. The following information shall be recorded for each 
charcoal canister measurement:

(a) Site
(b) Name of pile
(c) Sample location
(d) Sample ID number
(e) Date and time on
(f) Date and time off
(g) Observations of meteorological conditions and comments

    Records shall include all applicable information associated with 
determining the sample measurement, calculations, observations, and 
comments.

                            B. Sample Custody

    Custodial control of all charcoal samples exposed in the field shall 
be maintained in accordance with EPA chain-of-custody field procedures. 
A control record shall document all custody changes that occur between 
the field and laboratory personnel.

                 C. Calibration Procedures and Frequency

    The radioactivity of two standard charcoal sources, each containing 
a carefully determined quantity of radium-226 uniformly distributed 
through 180g of activated charcoal, shall be measured. An efficiency 
factor is computed by dividing the average measured radioactivity of the 
two standard charcoal sources, minus the background, in cpm by the known 
radioactivity of the charcoal sources in dpm. The same two standard 
charcoal sources shall be counted at the beginning and at the end of 
each day's counting as a check of the radioactivity counting equipment. 
A background count using unexposed charcoal should also be made at the 
beginning and at the end of each counting day to check for inadvertent 
contamination of the detector or other changes affecting the background. 
The unexposed charcoal comprising the blank is changed with each new 
batch of charcoal used.

            D. Internal Quality Control Checks and Frequency

    The charcoal from every tenth exposed canister shall be recounted. 
Five percent of the samples analyzed shall be either blanks (charcoal 
having no radioactivity added) or samples spiked with known quantities 
of radium-226.

              E. Data Precision, Accuracy, and Completeness

    The precision, accuracy, and completeness of measurements and 
analyses shall be within the following limits for samples measuring 
greater than 1.0 pCi/m\2\-s.
    (a) Precision: 10%
    (b) Accuracy: 10%
    (c) Completeness: at least 85% of the measurements must yield 
useable results.

                             5.0 References

    (1) Hartley, J.N. and Freeman, H.D., ``Radon Flux Measurements on 
Gardinier and Royster phosphogypsum Piles Near Tampa and Mulberry, 
Florida,'' U.S. Environmental Protection Agency Report, EPA 520/5-85-
029, January 1986.
    (2) Environmental Protection Agency, ``Indoor Radon and Radon Decay 
Product Measurement Protocols'', EPA 520/1-89-009, U.S. Environmental 
Protection Agency, Washington, DC. (1989).

[38 FR 8826, Apr. 6, 1973]

    Editorial Note: For Federal Register citations affecting appendix B, 
see the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and at www.govinfo.gov.



        Sec. Appendix C to Part 61--Quality Assurance Procedures

 Procedure 1--Determination of Adequate Chromatographic Peak Resolution

    In this method of dealing with resolution, the extent to which one 
chromatographic peak overlaps another is determined.
    For convenience, consider the range of the elution curve of each 
compound as running from -2[sigma] to + 2[sigma]. This range is used in 
other resolution criteria, and it contains 95.45 percent of the area of 
a normal curve. If two peaks are separated by a known distance, b, one 
can determine the fraction of the area of one curve that lies within the 
range of the other. The extent to which the elution curve of a 
contaminant compound overlaps the curve of a compound that is under 
analysis is found by integrating the contaminant curve

[[Page 325]]

over the limits b-2[sigma]s to b + 2[sigma]s, 
where [sigma]s is the standard deviation of the sample curve.
    This calculation can be simplified in several ways. Overlap can be 
determined for curves of unit area; then actual areas can be introduced. 
Desired integration can be resolved into two integrals of the normal 
distribution function for which there are convenient calculation 
programs and tables. An example would be Program 15 in Texas Instruments 
Program Manual ST1, 1975, Texas Instruments, Inc., Dallas, Texas 75222.

[[Page 326]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.034

    In judging the suitability of alternate GC columns or the effects of 
altering chromatographic conditions, one can employ the area overlap as 
the resolution parameter with a specific maximum permissible value.

[[Page 327]]

    The use of Gaussian functions to describe chromatographic elution 
curves is widespread. However, some elution curves are highly 
asymmetric. In cases where the sample peak is followed by a contaminant 
that has a leading edge that rises sharply but the curve then tails off, 
it may be possible to define an effective width for tc as 
``twice the distance from the leading edge to a perpendicular line 
through the maxim of the contaminant curve, measured along a 
perpendicular bisection of that line.''

          Procedure 2--Procedure for Field Auditing GC Analysis

    Responsibilities of audit supervisor and analyst at the source 
sampling site include the following:
    A. The audit supervisor verifies that audit cylinders are stored in 
a safe location both before and after the audit to prevent vandalism.
    B. At the beginning and conclusion of the audit, the analyst records 
each cylinder number and pressure. An audit cylinder is never analyzed 
when the pressure drops below 200 psi.
    C. During the audit, the analyst performs a minimum of two 
consecutive analyses of each audit cylinder gas. The audit must be 
conducted to coincide with the analysis of source test samples, normally 
immediately after GC calibration and prior to sample analyses.
    D. At the end of audit analyses, the audit supervisor requests the 
calculated concentrations from the analyst and compares the results with 
the actual audit concentrations. If each measured concentration agrees 
with the respective actual concentration within 10 
percent, he directs the analyst to begin analyzing source samples. Audit 
supervisor judgment and/or supervisory policy determine action when 
agreement is not within 10 percent. When a 
consistent bias in excess of 10 percent is found, it may be possible to 
proceed with the sample analysis, with a corrective factor to be applied 
to the results at a later time. However, every attempt should be made to 
locate the cause of the discrepancy, as it may be misleading. The audit 
supervisor records each cylinder number, cylinder pressure (at the end 
of the audit), and all calculated concentrations. The individual being 
audited must not under any circumstance be told actual audit 
concentrations until calculated concentrations have been submitted to 
the audit supervisor.

                           Field Audit Report

    Part A-- To be filled out by organization supplying audit cylinders.
    1. Organization supplying audit sample(s) and shipping address
________________________________________________________________________
    2. Audit supervisor, organization, and phone number
________________________________________________________________________
________________________________________________________________________
    3. Shipping instructions: Name, Address, Attention
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
4. Guaranteed arrival date for cylinders________________________________
5. Planned shipping date for cylinders__________________________________
    6. Details on audit cylinders from last analysis

------------------------------------------------------------------------
                                                   Low conc.  High conc.
------------------------------------------------------------------------
a. Date of last analysis........................  ..........  ..........
b. Cylinder number..............................  ..........  ..........
c. Cylinder pressure, psi.......................  ..........  ..........
d. Audit gas(es)/balance gas....................  ..........  ..........
e. Audit gas(es), ppm...........................  ..........  ..........
f. Cylinder construction........................  ..........  ..........
------------------------------------------------------------------------

    Part B--To be filled out by audit supervisor.
1. Process sampled______________________________________________________
________________________________________________________________________
2. Audit location_______________________________________________________
________________________________________________________________________
3. Name of individual audit_____________________________________________
4. Audit date___________________________________________________________
    5. Audit results:

------------------------------------------------------------------------
                                                         Low      High
                                                        conc.     conc.
                                                      cylinder  cylinder
------------------------------------------------------------------------
a. Cylinder number..................................  ........  ........
b. Cylinder pressure before audit, psi..............  ........  ........
c. Cylinder pressure after audit, psi...............  ........  ........
d. Measured concentration, ppm Injection 1*          ........  ........
 Injection 2* Average..............................
e. Actual audit concentration, ppm (Part A, 6e).....  ........  ........
f. Audit accuracy:\1\
  Low Conc. Cylinder................................  ........  ........
  High Conc. Cylinder...............................  ........  ........
Percent \1\ accuracy=
 
Measured Conc. - Actual Conc.
________________ x 100
 Actual Conc.
 
g. Problems detected (if any).......................  ........  ........
------------------------------------------------------------------------
\1\ Results of two consecutive injections that meet the sample analysis
  criteria of the test method.


[47 FR 39178, Sept. 7, 1982]



    Sec. Appendix D to Part 61--Methods for Estimating Radionuclide 
                                Emissions

                        1. Purpose and Background

    Facility owners or operators may estimate radionuclide emissions to 
the atmosphere for dose calculations instead of measuring emissions. 
Particulate emissions from mill tailings piles should be estimated using 
the procedures listed in reference re 2. All other emissions may be 
estimated by using the

[[Page 328]]

``Procedures'' listed below, or using the method described in reference 
1.

                              2. Procedure

    To estimate emissions to the atmosphere:
    (a) Determine the amount (in curies) used at facilities for the 
period under consideration. Radioactive materials in sealed packages 
that remain unopened, and have not leaked during the assessment period 
should not be included in the calculation.
    (b) Multiply the amount used by the following factors which depend 
on the physical state of the radionuclide. They are:
    (i) 1 for gases;
    (ii) 10-3 for liquids or particulate solids; and
    (iii) 10-6 for solids.
    If any nuclide is heated to a temperature of 100 degrees Celsius or 
more, boils at a temperature of 100 degrees Celsius or less, or is 
intentionally dispersed into the environment, it must be considered to 
be a gas.
    (c) If a control device is installed between the place of use and 
the point of release, multiply emissions from (b) by an adjustment 
factor. These are presented in Table 1.

                          Table 1--Adjustment to Emission Factors for Effluent Controls
----------------------------------------------------------------------------------------------------------------
                                     Types of radionuclides     Adjustment factor to
             Controls                      controlled                 emissions          Comments and conditions
----------------------------------------------------------------------------------------------------------------
HEPA filters.....................  Particulates.............  0.01....................  Not applicable to
                                                                                         gaseous radionuclides;
                                                                                         periodic testing is
                                                                                         prudent to ensure high
                                                                                         removal efficiency.
Fabric filter....................  Particulates.............  0.1.....................  Monitoring would be
                                                                                         prudent to guard
                                                                                         against tears in
                                                                                         filter.
Sintered metal...................  Particulates.............  1.......................  Insufficient data to
                                                                                         make recommendation.
Activated carbon filters.........  Iodine gas...............  0.1.....................  Efficiency is time
                                                                                         dependent; monitoring
                                                                                         is necessary to ensure
                                                                                         effectiveness.
Douglas bags: Held one week or     Xenon....................  0.5/wk..................  Based on xenon half-life
 longer for decay.                                                                       of 5.3 days;
Douglas bags: Released within one  Xenon....................  1.......................  Provides no reduction of
 week.                                                                                   exposure to general
                                                                                         public.
Venturi scrubbers................  Particulates.............  0.05....................  Although venturis may
                                   Gases....................  1.......................   remove gases,
                                                                                         variability in gaseous
                                                                                         removal efficiency
                                                                                         dictates adjustment
                                                                                         factor for particulates
                                                                                         only.
Packed bed scrubbers.............  Gases....................  0.1.....................  Not applicable to
                                                                                         particulates.
Electrostatic precipitators......  Particulates.............  0.05....................  Not applicable for
                                                                                         gaseous radionuclides
Xenon traps......................  Xenon....................  0.1.....................  Efficiency is time
                                                                                         dependent; monitoring
                                                                                         is necessary to ensure
                                                                                         effectiveness.
Fume hoods.......................  All......................  1.......................  Provides no reduction to
                                                                                         general public
                                                                                         exposures.
Vent stacks......................  All......................  1.......................  Generally provides no
                                                                                         reduction of exposure
                                                                                         to general public.
----------------------------------------------------------------------------------------------------------------

                               References

    (1) Environmental Protection Agency, ``A Guide for Determining 
Compliance with the Clean Air Act Standards for Radionuclides Emissions 
from NRC-Licensed and Non-DOE Federal Facilities'', EPA 520/1-89-002, 
January 1989.
    (2) Nuclear Regulatory Commission, ``Methods for Estimating 
Radioactive and Toxic Airborne Source Terms for Uranium Milling 
Operations'', U.S. Nuclear Regulatory Commission Regulatory Guide 3.59, 
March 1987.

[54 FR 51711, Dec. 15, 1989]



     Sec. Appendix E to Part 61--Compliance Procedures Methods for 
                  Determining Compliance With Subpart I

                        1. Purpose and Background

    This Appendix provides simplified procedures to reduce the burden on 
Nuclear Regulatory Commission (NRC) licensees, and non-Department of 
Energy Federal facilities in determining compliance with 40 CFR part 61, 
subpart I. The procedures consist of a series of increasingly more 
stringent steps, depending on the facility's potential to exceed the 
standard.
    First, a facility can be found in compliance if the quantity of 
radioactive material possessed during the year is less than that listed 
in a table of annual possession quantities. A facility will also be in 
compliance if the average annual radionuclide emission concentration is 
less than that listed in a table of air concentration levels. If the 
facility is

[[Page 329]]

not in compliance by these tables, it can establish compliance by 
estimating a dose using screening procedure developed by the National 
Council on Radiation Protection and Measurements with a radiological 
source term derived using EPA approved emission factors. These 
procedures are described in a ``Guide for Determining Compliance with 
the Clean Air Act Standards for Radionuclide Emissions From NRC-Licensed 
and Non-DOE Federal Facilities.''
    A user-friendly computer program called COMPLY has been developed to 
reduce the burden on the regulated community. The Agency has also 
prepared a ``User's Guide for the COMPLY Code'' to assist the regulated 
community in using the code, and in handling more complex situations 
such as multiple release points. The basis for these compliance 
procedures are provided in ``Background Information Document: Procedures 
Approved for Demonstrating Compliance with 40 CFR Part 61, Subpart I''. 
The compliance model is the highest level in the COMPLY computer code 
and provides for the most realistic assessment of dose by allowing the 
use of site-specific information.

                 2. Table of Annual Possession Quantity

    (a) Table 1 may be used for determining if facilities are in 
compliance with the standard. The possession table can only be used if 
the following conditions are met:
    (i) No person lives within 10 meters of any release point; and
    (ii) No milk, meat, or vegetables are produced within 100 meters of 
any release point.
    (b) Procedures described in Reference (1) shall be used to determine 
compliance or exemption from reporting by use of Table 2.

   Table 1--Annual Possession Quantities for Environmental Compliance
                 [Annual Possession Quantities (Ci/yr)]
------------------------------------------------------------------------
                                                    Liquid/
            Radionuclide                Gaseous     powder       Solid
                                         form*       forms       form*
------------------------------------------------------------------------
Ac-225..............................     9.6E-05     9.6E-02   9.6E + 01
Ac-227..............................     1.6E-07     1.6E-04     1.6E-01
Ac-228..............................     3.4E-03   3.4E + 00   3.4E + 03
Ag-106..............................   1.6E + 00   1.6E + 03   1.6E + 06
Ag-106m.............................     2.6E-03   2.6E + 00   2.6E + 03
Ag-108m.............................     6.5E-06     6.5E-03   6.5E + 00
Ag-110m.............................     9.4E-05     9.4E-02   9.4E + 01
Ag-111..............................     6.7E-02   6.7E + 01   6.7E + 04
Al-26...............................     4.0E-06     4.0E-03   4.0E + 00
Am-241..............................     2.3E-06     2.3E-03   2.3E + 00
Am-242..............................     1.8E-02   1.8E + 01   1.8E + 04
Am-242m.............................     2.5E-06     2.5E-03   2.5E + 00
Am-243..............................     2.3E-06     2.3E-03   2.3E + 00
Am-244..............................     4.6E-02   4.6E + 01   4.6E + 04
Am-245..............................   7.0E + 00   7.0E + 03   7.0E + 06
Am-246..............................     9.8E-01   9.8E + 02   9.8E + 05
Ar-37...............................   1.4E + 06  ..........  ..........
Ar-41...............................   1.4E + 00  ..........  ..........
As-72...............................     2.9E-02   2.9E + 01   2.9E + 04
As-73...............................     6.0E-02   6.0E + 01   6.0E + 04
As-74...............................     4.3E-03   4.3E + 00   4.3E + 03
As-76...............................     8.8E-02   8.8E + 01   8.8E + 04
As-77...............................     7.9E-01   7.9E + 02   7.9E + 05
At-211..............................     1.0E-02   1.0E + 01   1.0E + 04
Au-193..............................     4.2E-01   4.2E + 02   4.2E + 05
Au-194..............................     3.5E-02   3.5E + 01   3.5E + 04
Au-195..............................     3.3E-03   3.3E + 00   3.3E + 03
Au-198..............................     4.6E-02   4.6E + 01   4.6E + 04
Au-199..............................     1.5E-01   1.5E + 02   1.5E + 05
Ba-131..............................     1.0E-02   1.0E + 01   1.0E + 04
Ba-133..............................     4.9E-05     4.9E-02   4.9E + 01
Ba-133m.............................     9.3E-02   9.3E + 01   9.3E + 04
Ba-135m.............................     5.8E-01   5.8E + 02   5.8E + 05
Ba-139..............................   4.7E + 00   4.7E + 03   4.7E + 06
Ba-140..............................     2.1E-03   2.1E + 00   2.1E + 03
Ba-141..............................   1.3E + 00   1.3E + 03   1.3E + 06
Ba-142..............................   1.1E + 00   1.1E + 03   1.1E + 06
Be-7................................     2.3E-02   2.3E + 01   2.3E + 04
Be-10...............................     3.0E-03   3.0E + 00   3.0E + 03
Bi-206..............................     3.1E-03   3.1E + 00   3.1E + 03
Bi-207..............................     8.4E-06     8.4E-03   8.4E + 00
Bi-210..............................     4.2E-03   4.2E + 00   4.2E + 03
Bi-212..............................     4.7E-02   4.7E + 01   4.7E + 04
Bi-213..............................     6.0E-02   6.0E + 01   6.0E + 04
Bi-214..............................     1.4E-01   1.4E + 02   1.4E + 05
Bk-249..............................     7.0E-04     7.0E-01   7.0E + 02
Bk-250..............................     1.0E-01   1.0E + 02   1.0E + 05
Br-77...............................     7.5E-02   7.5E + 01   7.5E + 04
Br-80...............................   1.2E + 01   1.2E + 04   1.2E + 07
Br-80m..............................   1.5E + 00   1.5E + 03   1.5E + 06
Br-82...............................     1.6E-02   1.6E + 01   1.6E + 04
Br-83...............................   9.9E + 00   9.9E + 03   9.9E + 06
Br-84...............................     5.6E-01   5.6E + 02   5.6E + 05
C-11................................   1.3E + 00   1.3E + 03   1.3E + 06
C-14................................     2.9E-01   2.9E + 02   2.9E + 05
Ca-41...............................     2.7E-02   2.7E + 01   2.7E + 04
Ca-45...............................     5.8E-02   5.8E + 01   5.8E + 04
Ca-47...............................     1.1E-02   1.1E + 01   1.1E + 04
Cd-109..............................     5.0E-03   5.0E + 00   5.0E + 03
Cd-113..............................     3.3E-04     3.3E-01   3.3E + 02
Cd-113m.............................     4.4E-04     4.4E-01   4.4E + 02
Cd-115..............................     5.4E-02   5.4E + 01   5.4E + 04
Cd-115m.............................     1.0E-02   1.0E + 01   1.0E + 04
Cd-117..............................     5.6E-02   5.6E + 01   5.6E + 04
Cd-117m.............................     1.3E-01   1.3E + 02   1.3E + 05
Ce-139..............................     2.6E-03   2.6E + 00   2.6E + 03
Ce-141..............................     1.8E-02   1.8E + 01   1.8E + 04
Ce-143..............................     1.0E-01   1.0E + 02   1.0E + 05
Ce-144..............................     1.7E-03   1.7E + 00   1.7E + 03
Cf-248..............................     2.0E-05     2.0E-02   2.0E + 01
Cf-249..............................     1.7E-06     1.7E-03   1.7E + 00
Cf-250..............................     4.0E-06     4.0E-03   4.0E + 00
Cf-251..............................     1.7E-06     1.7E-03   1.7E + 00
Cf-252..............................     6.4E-06     6.4E-03   6.4E + 00
Cf-253..............................     3.3E-04     3.3E-01   3.3E + 02
Cf-254..............................     3.6E-06     3.6E-03   3.6E + 00
Cl-36...............................     1.9E-04     1.9E-01   1.9E + 02
Cl-38...............................     6.5E-01   6.5E + 02   6.5E + 05
Cm-242..............................     6.0E-05     6.0E-02   6.0E + 01
Cm-243..............................     3.3E-06     3.3E-03   3.3E + 00
Cm-244..............................     4.2E-06     4.2E-03   4.2E + 00
Cm-245..............................     2.3E-06     2.3E-03   2.3E + 00
Cm-246..............................     2.3E-06     2.3E-03   2.3E + 00
Cm-247..............................     2.3E-06     2.3E-03   2.3E + 00
Cm-248..............................     6.4E-07     6.4E-04     6.4E-01
Cm-249..............................   4.6E + 00   4.6E + 03   4.6E + 06
Cm-250..............................     1.1E-07     1.1E-04     1.1E-01
Co-56...............................     2.4E-04     2.4E-01   2.4E + 02
Co-57...............................     1.6E-03   1.6E + 00   1.6E + 03

[[Page 330]]

 
Co-58...............................     9.0E-04     9.0E-01   9.0E + 02
Co-58m..............................     1.7E-01   1.7E + 02   1.7E + 05
Co-60...............................     1.6E-05     1.6E-02   1.6E + 01
Co-60m..............................   4.0E + 00   4.0E + 03   4.0E + 06
Co-61...............................   3.8E + 00   3.8E + 03   3.8E + 06
Cr-49...............................     9.0E-01   9.0E + 02   9.0E + 05
Cr-51...............................     6.3E-02   6.3E + 01   6.3E + 04
Cs-129..............................     1.5E-01   1.5E + 02   1.5E + 05
Cs-131..............................     2.8E-01   2.8E + 02   2.8E + 05
Cs-132..............................     1.3E-02   1.3E + 01   1.3E + 04
Cs-134..............................     5.2E-05     5.2E-02   5.2E + 01
Cs-134m.............................     3.2E-01   3.2E + 02   3.2E + 05
Cs-135..............................     2.4E-02   2.4E + 01   2.4E + 04
Cs-136..............................     2.1E-03   2.1E + 00   2.1E + 03
Cs-137..............................     2.3E-05     2.3E-02   2.3E + 01
Cs-138..............................     4.4E-01   4.4E + 02   4.4E + 05
Cu-61...............................     4.0E-01   4.0E + 02   4.0E + 05
Cu-64...............................     5.2E-01   5.2E + 02   5.2E + 05
Cu-67...............................     1.5E-01   1.5E + 02   1.5E + 05
Dy-157..............................     4.4E-01   4.4E + 02   4.4E + 05
Dy-165..............................   5.6E + 00   5.6E + 03   5.6E + 06
Dy-166..............................     8.1E-02   8.1E + 01   8.1E + 04
Er-169..............................     4.0E-01   4.0E + 02   4.0E + 05
Er-171..............................     3.6E-01   3.6E + 02   3.6E + 05
Es-253..............................     2.6E-04     2.6E-01   2.6E + 02
Es-254..............................     2.3E-05     2.3E-02   2.3E + 01
Es-254m.............................     1.8E-03   1.8E + 00   1.8E + 03
Eu-152..............................     1.6E-05     1.6E-02   1.6E + 01
Eu-152m.............................     3.5E-01   3.5E + 02   3.5E + 05
Eu-154..............................     2.0E-05     2.0E-02   2.0E + 01
Eu-155..............................     5.2E-04     5.2E-01   5.2E + 02
Eu-156..............................     3.2E-03   3.2E + 00   3.2E + 03
F-18................................     5.6E-01   5.6E + 02   5.6E + 05
Fe-52...............................     4.9E-02   4.9E + 01   4.9E + 04
Fe-55...............................     1.4E-01   1.4E + 02   1.4E + 05
Fe-59...............................     1.3E-03   1.3E + 00   1.3E + 03
Fm-254..............................     1.8E-02   1.8E + 01   1.8E + 04
Fm-255..............................     4.0E-03   4.0E + 00   4.0E + 03
Fr-223..............................     1.4E-01   1.4E + 02   1.4E + 05
Ga-66...............................     5.6E-02   5.6E + 01   5.6E + 04
Ga-67...............................     1.1E-01   1.1E + 02   1.1E + 05
Ga-68...............................     7.6E-01   7.6E + 02   7.6E + 05
Ga-72...............................     3.6E-02   3.6E + 01   3.6E + 04
Gd-152..............................     4.4E-06     4.4E-03   4.4E + 00
Gd-153..............................     2.0E-03   2.0E + 00   2.0E + 03
Gd-159..............................     6.8E-01   6.8E + 02   6.8E + 05
Ge-68...............................     2.3E-04     2.3E-01   2.3E + 02
Ge-71...............................   2.6E + 00   2.6E + 03   2.6E + 06
Ge-77...............................     1.0E-01   1.0E + 02   1.0E + 05
H-3.................................   1.5E + 01   1.5E + 04   1.5E + 07
Hf-181..............................     2.5E-03   2.5E + 00   2.5E + 03
Hg-193m.............................     9.5E-02   9.5E + 01   9.5E + 04
Hg-197..............................     2.4E-01   2.4E + 02   2.4E + 05
Hg-197m.............................     2.5E-01   2.5E + 02   2.5E + 05
Hg-203..............................     5.2E-03   5.2E + 00   5.2E + 03
Ho-166..............................     2.8E-01   2.8E + 02   2.8E + 05
Ho-166m.............................     6.0E-06     6.0E-03   6.0E + 00
I-123...............................     4.9E-01   4.9E + 02   4.9E + 05
I-124...............................     9.3E-03   9.3E + 00   9.3E + 03
I-125...............................     6.2E-03   6.2E + 00   6.2E + 03
I-126...............................     3.7E-03   3.7E + 00   3.7E + 03
I-128...............................   9.3E + 00   9.3E + 03   9.3E + 06
I-129...............................     2.6E-04     2.6E-01   2.6E + 02
I-130...............................     4.6E-02   4.6E + 01   4.6E + 04
I-131...............................     6.7E-03   6.7E + 00   6.7E + 03
I-132...............................     2.0E-01   2.0E + 02   2.0E + 05
I-133...............................     6.7E-02   6.7E + 01   6.7E + 04
I-134...............................     3.2E-01   3.2E + 02   3.2E + 05
I-135...............................     1.2E-01   1.2E + 02   1.2E + 05
In-111..............................     4.9E-02   4.9E + 01   4.9E + 04
In-113m.............................   2.1E + 00   2.1E + 03   2.1E + 06
In-114m.............................     4.9E-03   4.9E + 00   4.9E + 03
In-115..............................     2.7E-04     2.7E-01   2.7E + 02
In-115m.............................   1.4E + 00   1.4E + 03   1.4E + 06
In-116m.............................     3.5E-01   3.5E + 02   3.5E + 05
In-117..............................   1.3E + 00   1.3E + 03   1.3E + 06
In-117m.............................     7.6E-02   7.6E + 01   7.6E + 04
Ir-190..............................     3.5E-03   3.5E + 00   3.5E + 03
Ir-192..............................     9.7E-04     9.7E-01   9.7E + 02
Ir-194..............................     2.5E-01   2.5E + 02   2.5E + 05
Ir-194m.............................     1.5E-04     1.5E-01   1.5E + 02
K-40................................     6.8E-05     6.8E-02   6.8E + 01
K-42................................     2.9E-01   2.9E + 02   2.9E + 05
K-43................................     6.0E-02   6.0E + 01   6.0E + 04
K-44................................     4.9E-01   4.9E + 02   4.9E + 05
Kr-79...............................   7.0E + 00  ..........  ..........
Kr-81...............................   1.8E + 02  ..........  ..........
Kr-83m..............................   2.0E + 04  ..........  ..........
Kr-85...............................   8.4E + 02  ..........  ..........
Kr-85m..............................   1.1E + 01  ..........  ..........
Kr-87...............................   2.0E + 00  ..........  ..........
Kr-88...............................     4.2E-01  ..........  ..........
La-140..............................     1.6E-02   1.6E + 01   1.6E + 04
La-141..............................   1.1E + 00   1.1E + 03   1.1E + 06
La-142..............................     2.3E-01   2.3E + 02   2.3E + 05
Lu-177..............................     1.4E-01   1.4E + 02   1.4E + 05
Lu-177m.............................     3.5E-04     3.5E-01   3.5E + 02
Mg-28...............................     2.1E-02   2.1E + 01   2.1E + 04
Mn-52...............................     3.5E-03   3.5E + 00   3.5E + 03
Mn-52m..............................     5.2E-01   5.2E + 02   5.2E + 05
Mn-53...............................     5.7E-02   5.7E + 01   5.7E + 04
Mn-54...............................     2.5E-04     2.5E-01   2.5E + 02
Mn-56...............................     2.5E-01   2.5E + 02   2.5E + 05
Mo-93...............................     1.5E-03   1.5E + 00   1.5E + 03
Mo-99**.............................     5.7E-02   5.7E + 01   5.7E + 04
Mo-101..............................     8.4E-01   8.4E + 02   8.4E + 05
Na-22...............................     3.2E-05     3.2E-02   3.2E + 01
Na-24...............................     2.6E-02   2.6E + 01   2.6E + 04
Nb-90...............................     2.5E-02   2.5E + 01   2.5E + 04
Nb-93m..............................     1.2E-02   1.2E + 01   1.2E + 04
Nb-94...............................     6.0E-06     6.0E-03   6.0E + 00
Nb-95...............................     2.3E-03   2.3E + 00   2.3E + 03
Nb-95m..............................     2.0E-02   2.0E + 01   2.0E + 04
Nb-96...............................     2.5E-02   2.5E + 01   2.5E + 04
Nb-97...............................   1.0E + 00   1.0E + 03   1.0E + 06
Nd-147..............................     3.0E-02   3.0E + 01   3.0E + 04
Nd-149..............................   1.1E + 00   1.1E + 03   1.1E + 06
Ni-56...............................     2.0E-03   2.0E + 00   2.0E + 03
Ni-57...............................     2.1E-02   2.1E + 01   2.1E + 04
Ni-59...............................     2.2E-02   2.2E + 01   2.2E + 04
Ni-63...............................     1.4E-01   1.4E + 02   1.4E + 05
Ni-65...............................     7.0E-01   7.0E + 02   7.0E + 05
Np-235..............................     3.0E-02   3.0E + 01   3.0E + 04
Np-237..............................     1.8E-06     1.8E-03   1.8E + 00
Np-238..............................     1.9E-02   1.9E + 01   1.9E + 04
Np-239..............................     1.0E-01   1.0E + 02   1.0E + 05
Np-240..............................     6.5E-01   6.5E + 02   6.5E + 05
Np-240m.............................   4.7E + 00   4.7E + 03   4.7E + 06
Os-185..............................     9.2E-04     9.2E-01   9.2E + 02
Os-191m.............................     9.0E-01   9.0E + 02   9.0E + 05
Os-191..............................     3.8E-02   3.8E + 01   3.8E + 04
Os-193..............................     2.9E-01   2.9E + 02   2.9E + 05
P-32................................     1.7E-02   1.7E + 01   1.7E + 04
P-33................................     1.2E-01   1.2E + 02   1.2E + 05
Pa-230..............................     6.3E-04     6.3E-01   6.3E + 02
Pa-231..............................     8.3E-07     8.3E-04     8.3E-01

[[Page 331]]

 
Pa-233..............................     9.3E-03   9.3E + 00   9.3E + 03
Pa-234..............................     9.3E-02   9.3E + 01   9.3E + 04
Pb-203..............................     8.3E-02   8.3E + 01   8.3E + 04
Pb-205..............................     1.2E-02   1.2E + 01   1.2E + 04
Pb-209..............................   1.1E + 01   1.1E + 04   1.1E + 07
Pb-210..............................     5.5E-05     5.5E-02   5.5E + 01
Pb-211..............................     1.2E-01   1.2E + 02   1.2E + 05
Pb-212..............................     6.0E-03   6.0E + 00   6.0E + 03
Pb-214..............................     1.2E-01   1.2E + 02   1.2E + 05
Pd-103..............................     2.1E-01   2.1E + 02   2.1E + 05
Pd-107..............................     8.2E-02   8.2E + 01   8.2E + 04
Pd-109..............................     9.4E-01   9.4E + 02   9.4E + 05
Pm-143..............................     7.6E-04     7.6E-01   7.6E + 02
Pm-144..............................     1.1E-04     1.1E-01   1.1E + 02
Pm-145..............................     5.2E-04     5.2E-01   5.2E + 02
Pm-146..............................     4.4E-05     4.4E-02   4.4E + 01
Pm-147..............................     2.6E-02   2.6E + 01   2.6E + 04
Pm-148..............................     1.7E-02   1.7E + 01   1.7E + 04
Pm-148m.............................     7.6E-04     7.6E-01   7.6E + 02
Pm-149..............................     2.8E-01   2.8E + 02   2.8E + 05
Pm-151..............................     1.2E-01   1.2E + 02   1.2E + 05
Po-210..............................     9.3E-05     9.3E-02   9.3E + 01
Pr-142..............................     2.8E-01   2.8E + 02   2.8E + 05
Pr-143..............................     1.0E-01   1.0E + 02   1.0E + 05
Pr-144..............................   1.5E + 01   1.5E + 04   1.5E + 07
Pt-191..............................     6.4E-02   6.4E + 01   6.4E + 04
Pt-193..............................     2.1E-02   2.1E + 01   2.1E + 04
Pt-193m.............................     4.8E-01   4.8E + 02   4.8E + 05
Pt-195m.............................     1.4E-01   1.4E + 02   1.4E + 05
Pt-197..............................   1.1E + 00   1.1E + 03   1.1E + 06
Pt-197m.............................   3.6E + 00   3.6E + 03   3.6E + 06
Pu-236..............................     7.0E-06     7.0E-03   7.0E + 00
Pu-237..............................     2.3E-02   2.3E + 01   2.3E + 04
Pu-238..............................     2.7E-06     2.7E-03   2.7E + 00
Pu-239..............................     2.5E-06     2.5E-03   2.5E + 00
Pu-240..............................     2.5E-06     2.5E-03   2.5E + 00
Pu-241..............................     1.3E-04     1.3E-01   1.3E + 02
Pu-242..............................     2.5E-06     2.5E-03   2.5E + 00
Pu-243..............................   3.8E + 00   3.8E + 03   3.8E + 06
Pu-244..............................     2.4E-06     2.4E-03   2.4E + 00
Pu-245..............................     2.1E-01   2.1E + 02   2.1E + 05
Pu-246..............................     4.8E-03   4.8E + 00   4.8E + 03
Ra-223..............................     1.3E-04     1.3E-01   1.3E + 02
Ra-224..............................     3.2E-04     3.2E-01   3.2E + 02
Ra-225..............................     1.3E-04     1.3E-01   1.3E + 02
Ra-226..............................     5.5E-06     5.5E-03   5.5E + 00
Ra-228..............................     1.3E-05     1.3E-02   1.3E + 01
Rb-81...............................     4.2E-01   4.2E + 02   4.2E + 05
Rb-83...............................     1.4E-03   1.4E + 00   1.4E + 03
Rb-84...............................     2.0E-03   2.0E + 00   2.0E + 03
Rb-86...............................     1.7E-02   1.7E + 01   1.7E + 04
Rb-87...............................     1.0E-02   1.0E + 01   1.0E + 04
Rb-88...............................   1.7E + 00   1.7E + 03   1.7E + 06
Rb-89...............................     6.4E-01   6.4E + 02   6.4E + 05
Re-184..............................     1.8E-03   1.8E + 00   1.8E + 03
Re-184m.............................     3.6E-04     3.6E-01   3.6E + 02
Re-186..............................     1.9E-01   1.9E + 02   1.9E + 05
Re-187..............................   9.3E + 00   9.3E + 03   9.3E + 06
Re-188..............................     3.7E-01   3.7E + 02   3.7E + 05
Rh-103m.............................   1.7E + 02   1.7E + 05   1.7E + 08
Rh-105..............................     3.4E-01   3.4E + 02   3.4E + 05
Ru-97...............................     8.3E-02   8.3E + 01   8.3E + 04
Ru-103..............................     3.1E-03   3.1E + 00   3.1E + 03
Ru-105..............................     2.9E-01   2.9E + 02   2.9E + 05
Ru-106..............................     5.9E-04     5.9E-01   5.9E + 02
S-35................................     7.5E-02   7.5E + 01   7.5E + 04
Sb-117..............................   2.0E + 00   2.0E + 03   2.0E + 06
Sb-122..............................     3.9E-02   3.9E + 01   3.9E + 04
Sb-124..............................     6.0E-04     6.0E-01   6.0E + 02
Sb-125..............................     1.4E-04     1.4E-01   1.4E + 02
Sb-126..............................     1.8E-03   1.8E + 00   1.8E + 03
Sb-126m.............................     7.6E-01   7.6E + 02   7.6E + 05
Sb-127..............................     2.0E-02   2.0E + 01   2.0E + 04
Sb-129..............................     1.8E-01   1.8E + 02   1.8E + 05
Sc-44...............................     1.4E-01   1.4E + 02   1.4E + 05
Sc-46...............................     4.0E-04     4.0E-01   4.0E + 02
Sc-47...............................     1.1E-01   1.1E + 02   1.1E + 05
Sc-48...............................     1.1E-02   1.1E + 01   1.1E + 04
Sc-49...............................   1.0E + 01   1.0E + 04   1.0E + 07
Se-73...............................     1.6E-01   1.6E + 02   1.6E + 05
Se-75...............................     1.1E-03   1.1E + 00   1.1E + 03
Se-79...............................     6.9E-03   6.9E + 00   6.9E + 03
Si-31...............................   4.7E + 00   4.7E + 03   4.7E + 06
Si-32...............................     7.2E-04     7.2E-01   7.2E + 02
Sm-147..............................     1.4E-05     1.4E-02   1.4E + 01
Sm-151..............................     3.5E-02   3.5E + 01   3.5E + 04
Sm-153..............................     2.4E-01   2.4E + 02   2.4E + 05
Sn-113..............................     1.9E-03   1.9E + 00   1.9E + 03
Sn-117m.............................     2.3E-02   2.3E + 01   2.3E + 04
Sn-119m.............................     2.8E-02   2.8E + 01   2.8E + 04
Sn-123..............................     1.8E-02   1.8E + 01   1.8E + 04
Sn-125..............................     7.2E-03   7.2E + 00   7.2E + 03
Sn-126..............................     4.7E-06     4.7E-03   4.7E + 00
Sr-82...............................     1.9E-03   1.9E + 00   1.9E + 03
Sr-85...............................     1.9E-03   1.9E + 00   1.9E + 03
Sr-85m..............................   1.5E + 00   1.5E + 03   1.5E + 06
Sr-87m..............................   1.2E + 00   1.2E + 03   1.2E + 06
Sr-89...............................     2.1E-02   2.1E + 01   2.1E + 04
Sr-90...............................     5.2E-04     5.2E-01   5.2E + 02
Sr-91...............................     1.2E-01   1.2E + 02   1.2E + 05
Sr-92...............................     2.5E-01   2.5E + 02   2.5E + 05
Ta-182..............................     4.4E-04     4.4E-01   4.4E + 02
Tb-157..............................     2.2E-03   2.2E + 00   2.2E + 03
Tb-160..............................     8.4E-04     8.4E-01   8.4E + 02
Tc-95...............................     9.0E-02   9.0E + 01   9.0E + 04
Tc-95m..............................     1.4E-03   1.4E + 00   1.4E + 03
Tc-96...............................     5.6E-03   5.6E + 00   5.6E + 03
Tc-96m..............................     7.0E-01   7.0E + 02   7.0E + 05
Tc-97...............................     1.5E-03   1.5E + 00   1.5E + 03
Tc-97m..............................     7.2E-02   7.2E + 01   7.2E + 04
Tc-98...............................     6.4E-06     6.4E-03   6.4E + 00
Tc-99...............................     9.0E-03   9.0E + 00   9.0E + 03
Tc-99m..............................   1.4E + 00   1.4E + 03   1.4E + 06
Tc-101..............................   3.8E + 00   3.8E + 03   3.8E + 06
Te-121..............................     6.0E-03   6.0E + 00   6.0E + 03
Te-121m.............................     5.3E-04     5.3E-01   5.3E + 02
Te-123..............................     1.2E-03   1.2E + 00   1.2E + 03
Te-123m.............................     2.7E-03   2.7E + 00   2.7E + 03
Te-125m.............................     1.5E-02   1.5E + 01   1.5E + 04
Te-127..............................   2.9E + 00   2.9E + 03   2.9E + 06
Te-127m.............................     7.3E-03   7.3E + 00   7.3E + 03
Te-129..............................   6.5E + 00   6.5E + 03   6.5E + 06
Te-129m.............................     6.1E-03   6.1E + 00   6.1E + 03
Te-131..............................     9.4E-01   9.4E + 02   9.4E + 05
Te-131m.............................     1.8E-02   1.8E + 01   1.8E + 04
Te-132..............................     6.2E-03   6.2E + 00   6.2E + 03
Te-133..............................   1.2E + 00   1.2E + 03   1.2E + 06
Te-133m.............................     2.9E-01   2.9E + 02   2.9E + 05
Te-134..............................     4.4E-01   4.4E + 02   4.4E + 05
Th-226..............................     3.0E-02   3.0E + 01   3.0E + 04
Th-227..............................     6.4E-05     6.4E-02   6.4E + 01
Th-228..............................     2.9E-06     2.9E-03   2.9E + 00
Th-229..............................     4.9E-07     4.9E-04     4.9E-01
Th-230..............................     3.2E-06     3.2E-03   3.2E + 00
Th-231..............................     8.4E-01   8.4E + 02   8.4E + 05
Th-232..............................     6.0E-07     6.0E-04     6.0E-01

[[Page 332]]

 
Th-234..............................     2.0E-02   2.0E + 01   2.0E + 04
Ti-44...............................     5.2E-06     5.2E-03   5.2E + 00
Ti-45...............................     4.0E-01   4.0E + 02   4.0E + 05
Tl-200..............................     4.4E-02   4.4E + 01   4.4E + 04
Tl-201..............................     1.8E-01   1.8E + 02   1.8E + 05
Tl-202..............................     1.0E-02   1.0E + 01   1.0E + 04
Tl-204..............................     2.5E-02   2.5E + 01   2.5E + 04
Tm-170..............................     2.4E-02   2.4E + 01   2.4E + 04
Tm-171..............................     5.9E-02   5.9E + 01   5.9E + 04
U-230...............................     5.0E-05     5.0E-02   5.0E + 01
U-231...............................     1.4E-01   1.4E + 02   1.4E + 05
U-232...............................     1.3E-06     1.3E-03   1.3E + 00
U-233...............................     7.6E-06     7.6E-03   7.6E + 00
U-234...............................     7.6E-06     7.6E-03   7.6E + 00
U-235...............................     7.0E-06     7.0E-03   7.0E + 00
U-236...............................     8.4E-06     8.4E-03   8.4E + 00
U-237...............................     4.7E-02   4.7E + 01   4.7E + 04
U-238...............................     8.6E-06     8.6E-03   8.6E + 00
U-239...............................   8.3E + 00   8.3E + 03   8.3E + 06
U-240...............................     1.8E-01   1.8E + 02   1.8E + 05
V-48................................     1.4E-03   1.4E + 00   1.4E + 03
V-49................................   1.3E + 00   1.3E + 03   1.3E + 06
W-181...............................     1.1E-02   1.1E + 01   1.1E + 04
W-185...............................     1.6E-01   1.6E + 02   1.6E + 05
W-187...............................     1.1E-01   1.1E + 02   1.1E + 05
W-188...............................     1.0E-02   1.0E + 01   1.0E + 04
Xe-122..............................     7.6E-02   7.6E + 01   7.6E + 04
Xe-123..............................   1.6E + 00   1.6E + 03   1.6E + 06
Xe-125..............................     6.0E-01  ..........  ..........
Xe-127..............................   7.0E + 00  ..........  ..........
Xe-129m.............................   7.6E + 01  ..........  ..........
Xe-131m.............................   2.2E + 02  ..........  ..........
Xe-133..............................   5.2E + 01  ..........  ..........
Xe-133m.............................   6.0E + 01  ..........  ..........
Xe-135..............................   7.6E + 00  ..........  ..........
Xe-135m.............................   4.2E + 00  ..........  ..........
Xe-138..............................     9.9E-01  ..........  ..........
Y-86................................     2.8E-02   2.8E + 01   2.8E + 04
Y-87................................     2.3E-02   2.3E + 01   2.3E + 04
Y-88................................     2.5E-04     2.5E-01   2.5E + 02
Y-90................................     1.1E-01   1.1E + 02   1.1E + 05
Y-90m...............................     4.3E-01   4.3E + 02   4.3E + 05
Y-91................................     1.8E-02   1.8E + 01   1.8E + 04
Y-91m...............................   1.6E + 00   1.6E + 03   1.6E + 06
Y-92................................     7.0E-01   7.0E + 02   7.0E + 05
Y-93................................     3.8E-01   3.8E + 02   3.8E + 05
Yb-169..............................     5.5E-03   5.5E + 00   5.5E + 03
Yb-175..............................     2.1E-01   2.1E + 02   2.1E + 05
Zn-62...............................     8.6E-02   8.6E + 01   8.6E + 04
Zn-65...............................     4.4E-04     4.4E-01   4.4E + 02
Zn-69...............................   2.7E + 01   2.7E + 04   2.7E + 07
Zn-69m..............................     2.0E-01   2.0E + 02   2.0E + 05
Zr-86...............................     2.4E-02   2.4E + 01   2.4E + 04
Zr-88...............................     2.7E-04     2.7E-01   2.7E + 02
Zr-89...............................     1.6E-02   1.6E + 01   1.6E + 04
Zr-93...............................     2.8E-03   2.8E + 00   2.8E + 03
Zr-95...............................     6.4E-04     6.4E-01   6.4E + 02
Zr-97...............................     4.6E-02   4.6E + 01   4.6E + 04
------------------------------------------------------------------------
* Radionuclides boiling at 100 [deg]C or less, or exposed to a
  temperature of 100 [deg]C, must be considered a gas. Capsules
  containing radionuclides in liquid or powder form can be considered to
  be solids.
** Mo-99 contained in a generator to produce Technetium-99 can be
  assumed to be a solid.

                    3. Table of Concentration Levels

    (a) Table 2 may be used for determining if facilities are in 
compliance with the standard.
    1. The concentration table as applied to emission estimates can only 
be used if all releases are from point sources and concentrations have 
been measured at the stack or vent using EPA-approved methods, and the 
distance between each stack or vent and the nearest resident is greater 
than 3 times the diameter of the stack or vent. Procedures provided in 
Ref. (1) shall be used to determine compliance or exemption from 
reporting by use of Table 2.
    2. The concentration table may be used to determine compliance with 
the standard based on environmental measurements provided these 
measurements are made in conformance with the requirements of Sec.  
61.107(b)(5).

                         4. NCRP Screening Model

    The procedures described in Reference (4) may be used to determine 
doses to members of the general public from emissions of radionuclides 
to the atmosphere. Both the total dose from all radionuclides emitted, 
and the dose caused by radioactive iodine must be considered in 
accordance with the procedures in Ref. (1).

                       5. The COMPLY Computer Code

    The COMPLY computer code may be used to determine compliance with 
subpart I. The compliance model in the COMPLY computer code may be used 
to determine the dose to members of the general public from emissions of 
radionuclides to the atmosphere. The EPA may add radionuclides to all or 
any part of COMPLY to cover radionuclides that may be used by the 
regulated community.

                           Table 2--Concentration Levels for Environmental Compliance
----------------------------------------------------------------------------------------------------------------
                                                 Concentration                                     Concentration
                  Radionuclide                     (Ci/m\3\)               Radionuclide              (Ci/m\3\)
----------------------------------------------------------------------------------------------------------------
Ac-225.........................................      9.1E-14    Bi-207...........................      1.0E-14
Ac-227.........................................      1.6E-16    Bi-210...........................      2.9E-13
Ac-228.........................................      3.7E-12    Bi-212...........................      5.6E-11

[[Page 333]]

 
Ag-106.........................................      1.9E-09    Bi-213...........................      7.1E-11
Ag-106m........................................      1.2E-12    Bi-214...........................      1.4E-10
Ag-108m........................................      7.1E-15    Bk-249...........................      5.6E-13
Ag-110m........................................      9.1E-14    Bk-250...........................      9.1E-11
Ag-111.........................................      2.5E-12    Br-77............................      4.2E-11
Al-26..........................................      4.8E-15    Br-80............................      1.4E-08
Am-241.........................................      1.9E-15    Br-80m...........................      1.8E-09
Am-242.........................................      1.5E-11    Br-82............................      1.2E-11
Am-242m........................................      2.0E-15    Br-83............................      1.2E-08
Am-243.........................................      1.8E-15    Br-84............................      6.7E-10
Am-244.........................................      4.0E-11    C-11.............................      1.5E-09
Am-245.........................................      8.3E-09    C-14.............................      1.0E-11
Am-246.........................................      1.2E-09    Ca-41............................      4.2E-13
Ar-37..........................................      1.6E-03    Ca-45............................      1.3E-12
Ar-41..........................................      1.7E-09    Ca-47............................      2.4E-12
As-72..........................................      2.4E-11    Cd-109...........................      5.9E-13
As-73..........................................      1.1E-11    Cd-113...........................      9.1E-15
As-74..........................................      2.2E-12    Cd-113m..........................      1.7E-14
As-76..........................................      5.0E-11    Cd-115...........................      1.6E-11
As-77..........................................      1.6E-10    Cd-115m..........................      8.3E-13
At-211.........................................      1.1E-11    Cd-117...........................      6.7E-11
Au-193.........................................      3.8E-10    Cd-117m..........................      1.6E-10
Au-194.........................................      3.2E-11    Ce-139...........................      2.6E-12
Au-195.........................................      3.1E-12    Ce-141...........................      6.3E-12
Au-198.........................................      2.1E-11    Ce-143...........................      3.0E-11
Au-199.........................................      4.8E-11    Ce-144...........................      6.2E-13
Ba-131.........................................      7.1E-12    Cf-248...........................      1.8E-14
Ba-133.........................................      5.9E-14    Cf-249...........................      1.4E-15
Ba-133m........................................      5.9E-11    Cf-250...........................      3.2E-15
Ba-135m........................................      1.8E-10    Cf-251...........................      1.4E-15
Ba-139.........................................      5.6E-09    Cf-252...........................      5.6E-15
Ba-140.........................................      1.3E-12    Cf-253...........................      3.1E-13
Ba-141.........................................      1.4E-09    Cf-254...........................      3.0E-15
Ba-142.........................................      1.3E-09    Cl-36............................      2.7E-15
Be-7...........................................      2.3E-11    Cl-38............................      7.7E-10
Be-10..........................................      1.6E-12    Cm-242...........................      5.3E-14
Bi-206.........................................      2.3E-12    Cm-243...........................      2.6E-15
Cm-244.........................................      3.3E-15    Eu-156...........................      1.9E-12
Cm-245.........................................      1.8E-15    F-18.............................      6.7E-10
Cm-246.........................................      1.9E-15    Fe-52............................      5.6E-11
Cm-247.........................................      1.9E-15    Fe-55............................      9.1E-12
Cm-248.........................................      5.0E-16    Fe-59............................      6.7E-13
Cm-249.........................................      3.7E-09    Fm-254...........................      2.0E-11
Cm-250.........................................      9.1E-17    Fm-255...........................      4.3E-12
Co-56..........................................      1.8E-13    Fr-223...........................      3.3E-11
Co-57..........................................      1.3E-12    Ga-66............................      6.2E-11
Co-58..........................................      6.7E-13    Ga-67............................      7.1E-11
Co-58m.........................................      1.2E-10    Ga-68............................      9.1E-10
Co-60..........................................      1.7E-14    Ga-72............................      3.8E-11
Co-60m.........................................     .4.3E-09    Gd-152...........................      5.0E-15
Co-61..........................................      4.5E-09    Gd-153...........................      2.1E-12
Cr-49..........................................      1.1E-09    Gd-159...........................      2.9E-10
Cr-51..........................................      3.1E-11    Ge-68............................      2.0E-13
Cs-129.........................................      1.4E-10    Ge-71............................      2.4E-10
Cs-131.........................................      3.3E-11    Ge-77............................      1.0E-10
Cs-132.........................................      4.8E-12    H-3..............................      1.5E-09
Cs-134.........................................      2.7E-14    Hf-181...........................      1.9E-12
Cs-134m........................................      1.7E-10    Hg-193m..........................      1.0E-10
Cs-135.........................................      4.0E-13    Hg-197...........................      8.3E-11
Cs-136.........................................      5.3E-13    Hg-197m..........................      1.1E-10
Cs-137.........................................      1.9E-14    Hg-203...........................      1.0E-12
Cs-138.........................................      5.3E-10    Ho-166...........................      7.1E-11
Cu-61..........................................      4.8E-10    Ho-166m..........................      7.1E-15
Cu-64..........................................      5.3E-10    I-123............................      4.3E-10
Cu-67..........................................      5.0E-11    I-124............................      6.2E-13
Dy-157.........................................      5.0E-10    I-125............................      1.2E-13
Dy-165.........................................      6.7E-09    I-126............................      1.1E-13
Dy-166.........................................      1.1E-11    I-128............................      1.1E-08
Er-169.........................................      2.9E-11    I-129............................      9.1E-15
Er-171.........................................      4.0E-10    I-130............................      4.5E-11

[[Page 334]]

 
Es-253.........................................      2.4E-13    I-131............................      2.1E-13
Es-254.........................................      2.0E-14    I-132............................      2.3E-10
Es-254m........................................      1.8E-12    I-133............................      2.0E-11
Eu-152.........................................      2.0E-14    I-134............................      3.8E-10
Eu-152m........................................      3.6E-10    I-135............................      1.2E-10
Eu-154.........................................      2.3E-14    In-111...........................      3.6E-11
Eu-155.........................................      5.9E-13    In-113m..........................      2.5E-09
In-114m........................................      9.1E-13    Nb-95............................      2.2E-12
In-115.........................................      7.1E-14    Nb-95m...........................      1.4E-11
In-115m........................................      1.6E-09    Nb-96............................      2.4E-11
In-116m........................................      4.2E-10    Nb-97............................      1.2E-09
In-117.........................................      1.6E-09    Nd-147...........................      7.7E-12
In-117m........................................      9.1E-11    Nd-149...........................      7.1E-10
Ir-190.........................................      2.6E-12    Ni-56............................      1.7E-12
Ir-192.........................................      9.1E-13    Ni-57............................      1.8E-11
Ir-194.........................................      1.1E-10    Ni-59............................      1.5E-11
Ir-194m........................................      1.7E-13    Ni-63............................      1.4E-11
K-40...........................................      2.7E-14    Ni-65............................      8.3E-10
K-42...........................................      2.6E-10    Np-235...........................      2.5E-11
K-43...........................................      6.2E-11    Np-237...........................      1.2E-15
K-44...........................................      5.9E-10    Np-238...........................      1.4E-11
Kr-79..........................................      8.3E-09    Np-239...........................      3.8E-11
Kr-81..........................................      2.1E-07    Np-240...........................      7.7E-10
Kr-83m.........................................      2.3E-05    Np-240m..........................      5.6E-09
Kr-85..........................................      1.0E-06    Os-185...........................      1.0E-12
Kr-85m.........................................      1.3E-08    Os-191m..........................      2.9E-10
Kr-87..........................................      2.4E-09    Os-191...........................      1.1E-11
Kr-88..........................................      5.0E-10    Os-193...........................      9.1E-11
La-140.........................................      1.2E-11    P-32.............................      3.3E-13
La-141.........................................      7.7E-10    P-33.............................      2.4E-12
La-142.........................................      2.7E-10    Pa-230...........................      3.2E-13
Lu-177.........................................      2.4E-11    Pa-231...........................      5.9E-16
Lu-177m........................................      3.6E-13    Pa-233...........................      4.8E-12
Mg-28..........................................      1.5E-11    Pa-234...........................      1.1E-10
Mn-52..........................................      2.8E-12    Pb-203...........................      6.2E-11
Mn-52m.........................................      6.2E-10    Pb-205...........................      5.6E-12
Mn-53..........................................      1.5E-11    Pb-209...........................      1.3E-08
Mn-54..........................................      2.8E-13    Pb-2I0...........................      2.8E-15
Mn-56..........................................      2.9E-10    Pb-211...........................      1.4E-10
Mo-93..........................................      1.1E-12    Pb-212...........................      6.3E-12
Mo-99..........................................      1.4E-11    Pb-214...........................      1.2E-10
Mo-101.........................................      1.0E-09    Pd-103...........................      3.8E-11
Na-22..........................................      2.6E-14    Pd-107...........................      3.1E-11
Na-24..........................................      2.6E-11    Pd-109...........................      4.8E-10
Nb-90..........................................      2.6E-11    Pm-143...........................      9.1E-13
Nb-93m.........................................      1.0E-11    Pm-144...........................      1.3E-13
Nb-94..........................................      7.1E-15    Pm-145...........................      6.2E-13
Pm-146.........................................      5.3E-14    Re-184m..........................      3.7E-13
Pm-147.........................................      1.1E-11    Re-186...........................      1.8E-11
Pm-148.........................................      5.0E-12    Re-187...........................      2.6E-10
Pm-148m........................................      6.7E-13    Re-188...........................      1.7E-10
Pm-149.........................................      4.2E-11    Rh-103m..........................      2.1E-07
Pm-151.........................................      7.1E-11    Rh-105...........................      1.3E-10
Po-210.........................................      7.1E-15    Ru-97............................      6.7E-11
Pr-142.........................................      1.1E-10    Ru-103...........................      2.6E-12
Pr-143.........................................      7.1E-12    Ru-105...........................      2.8E-10
Pr-144.........................................      1.8E-08    Ru-106...........................      3.4E-13
Pt-191.........................................      4.3E-11    S-35.............................      1.3E-12
Pt-193.........................................      1.8E-11    Sb-117...........................      2.4E-09
Pt-193m........................................      4.8E-11    Sb-122...........................      1.4E-11
Pt-195m........................................      3.2E-11    Sb-124...........................      5.3E-13
Pt-197.........................................      4.0E-10    Sb-125...........................      1.6E-13
Pt-197m........................................      2.6E-09    Sb-126...........................      1.4E-12
Pu-236.........................................      5.9E-15    Sb-126m..........................      9.1E-10
Pu-237.........................................      1.9E-11    Sb-127...........................      7.1E-12
Pu-238.........................................      2.1E-15    Sb-129...........................      7.7E-11
Pu-239.........................................      2.0E-15    Sc-44............................      1.7E-10
Pu-240.........................................      2.0E-15    Sc-46............................      4.2E-13
Pu-241.........................................      1.0E-13    Sc-47............................      3.8E-11
Pu-242.........................................      2.0E-15    Sc-48............................      9.1E-12

[[Page 335]]

 
Pu-243.........................................      4.2E-09    Sc-49............................      1.2E-08
Pu-244.........................................      2.0E-15    Se-73............................      1.7E-10
Pu-245.........................................      2.1E-10    Se-75............................      1.7E-13
Pu-246.........................................      2.2E-12    Se-79............................      1.1E-13
Ra-223.........................................      4.2E-14    Si-31............................      5.6E-09
Ra-224.........................................      1.5E-13    Si-32............................      3.4E-14
Ra-225.........................................      5.0E-14    Sm-147...........................      1.4E-14
Ra-226.........................................      3.3E-15    Sm-151...........................      2.1E-11
Ra-228.........................................      5.9E-15    Sm-153...........................      5.9E-11
Rb-81..........................................      5.0E-10    Sn-113...........................      1.4E-12
Rb-83..........................................      3.4E-13    Sn-117m..........................      5.6E-12
Rb-84..........................................      3.6E-13    Sn-119m..........................      5.3E-12
Rb-86..........................................      5.6E-13    Sn-123...........................      1.1E-12
Rb-87..........................................      1.6E-13    Sn-125...........................      1.7E-12
Rb-88..........................................      2.1E-09    Sn-126...........................      5.3E-15
Rb-89..........................................      7.1E-10    Sr-82............................      6.2E-13
Re-184.........................................      1.5E-12    Sr-85............................      1.8E-12
Sr-85m.........................................      1.6E-09    Th-232...........................      6.2E-16
Sr-87m.........................................      1.4E-09    Th-234...........................      2.2E-12
Sr-89..........................................      1.8E-12    Ti-44............................      6.2E-15
Sr-90..........................................      1.9E-14    Ti-45............................      4.8E-10
Sr-91..........................................      9.1E-11    Tl-200...........................      4.5E-11
Sr-92..........................................      2.9E-10    Tl-201...........................      1.0E-10
Ta-182.........................................      4.5E-13    Tl-202...........................      5.0E-12
Tb-157.........................................      2.5E-12    Tl-204...........................      1.2E-12
Tb-160.........................................      7.7E-13    Tm-170...........................      3.3E-12
Tc-95..........................................      1.0E-10    Tm-171...........................      2.6E-11
Tc-95m.........................................      1.4E-12    U-230............................      1.5E-14
Tc-96..........................................      5.6E-12    U-231............................      4.2E-11
Tc-96m.........................................      6.7E-10    U-232............................      1.3E-15
Tc-97..........................................     .7.1E-13    U-233............................      7.1E-15
Tc-97m.........................................      7.1E-12    U-234............................      7.7E-15
Tc-98..........................................      6.7E-15    U-235............................      7.1E-15
Tc-99..........................................      1.4E-13    U-236............................      7.7E-15
Tc-99m.........................................      1.7E-09    U-237............................      1.0E-11
Tc-101.........................................      4.5E-09    U-238............................      8.3E-15
Te-121.........................................      1.0E-12    U-239............................      4.3E-09
Te-121m........................................      1.2E-13    U-240............................      1.3E-10
Te-123.........................................      1.4E-13    V-48.............................      1.0E-12
Te-123m........................................      2.0E-13    V-49.............................      1.6E-10
Te-125m........................................      3.6E-13    W-181............................      6.7E-12
Te-127.........................................      1.0E-09    W-185............................      2.6E-12
Te-127m........................................      1.5E-13    W-187............................      7.7E-11
Te-129.........................................      7.7E-09    W-188............................      5.3E-13
Te-129m........................................      1.4E-13    Xe-122...........................      9.1E-11
Te-131.........................................      9.1E-11    Xe-123...........................      1.6E-09
Te-131m........................................      1.0E-12    Xe-125...........................      1.1E-11
Te-132.........................................      7.1E-13    Xe-127...........................      8.3E-09
Te-133.........................................      9.1E-10    Xe-129m..........................      9.1E-08
Te-133m........................................      2.2E-10    Xe-131m..........................      2.6E-07
Te-134.........................................      5.3E-10    Xe-133...........................      6.2E-08
Th-226.........................................      3.4E-11    Xe-133m..........................      7.1E-08
Th-227.........................................      3.8E-14    Xe-135...........................      9.1E-09
Th-228.........................................      3.1E-15    Xe-135m..........................      5.0E-09
Th-229.........................................      5.3E-16    Xe-138...........................      1.2E-09
Th-230.........................................      3.4E-15    Y-86.............................      3.0E-11
Th-231.........................................      2.9E-10    Y-87.............................      1.7E-11
Y-88...........................................      2.7E-13    Zn-65............................      9.1E-14
Y-90...........................................      1.3E-11    Zn-69............................      3.2E-08
Y-90m..........................................      1.9E-10    Zn-69m...........................      1.7E-10
Y-91...........................................      2.1E-12    Zr-86............................      2.4E-11
Y-91m..........................................      1.3E-09    Zr-88............................      3.1E-13
Y-92...........................................      8.3E-10    Zr-89............................      1.3E-11
Y-93...........................................      2.9E-10    Zr-93............................      2.6E-12
Yb-169.........................................      3.7E-12    Zr-95............................      6.7E-13
Yb-175.........................................      4.3E-11    Zr-97............................      3.8E-11
Zn-62..........................................      9.1E-11
----------------------------------------------------------------------------------------------------------------


[[Page 336]]

                              6. References

    (1) Environmental Protection Agency, ``A Guide for Determining 
Compliance with the Clean Air Act Standards for Radionuclides Emissions 
from NRC-Licensed and Non-DOE Federal Facilities'', EPA 520/1-89-002, 
October 1989.
    (2) Environmental Protection Agency, ``User's Guide for the COMPLY 
Code'', EPA 520/1-89-003, October 1989.
    (3) Environmental Protection Agency, ``Background Information 
Document: Procedures Approved for Demonstrating Compliance with 40 CFR 
Part 61, Subpart I'', EPA 520/1-89-001, January 1989.
    (4) National Council on Radiation Protection and Measurement, 
``Screening Techniques for Determining Compliance with Environmental 
Standards'' NCRP Commentary No. 3, Revision of January 1989 with 
addendum of October, 1989.

[54 FR 51711, Dec. 15, 1989]



PART 62_APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS--Table of Contents



                      Subpart A_General Provisions

Sec.
62.01 Definitions.
62.02 Introduction.
62.03 Extensions.
62.04 Approval status.
62.05 Legal authority.
62.06 Negative declarations.
62.07 Emissions standards, compliance schedules.
62.08 Emission inventories and source surveillance.
62.09 Revision of plans by Administrator.
62.10 Submission to Administrator.
62.11 Severability.
62.12 Availability of applicable plans.
62.13 Federal plans.

                            Subpart B_Alabama

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.100 Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.101 Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.102 Identification of sources.

  Landfill Gas Emissions From existing Municipal solid Waste Landfills

62.103 Identification of sources.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste

62.104 Identification of sources.

    Air Emissions From Hospital/Medical/Infectious waste Incinerators

62.105 Identification of sources.

   Air Emissions From Small Existing Municipal Waste Combustion Units

62.106 Identification of plan--negative declaration.
62.107 Identification of sources.

                            Subpart C_Alaska

           Fluoride Emissions From Phosphate Fertilizer Plants

62.350 Identification of plan--negative declaration.

                   Acid Mist From Sulfuric Acid Plants

62.351 Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.352 Identification of plan--negative declaration.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.353 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.354 Identification of plan--negative declaration.

                            Subpart D_Arizona

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.600 Identification of plan.
62.601 Identification of sources.
62.602 Effective date.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.620 Identification of plan--negative declaration.

[[Page 337]]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

62.630 Identification of plan.
62.631 Identification of sources.
62.632 Effective date.

     Emissions From Small Existing Municipal Waste Combustion Units

62.640 Identification of plan--negative declaration.

 Emissions From Existing Commercial/Industrial Solid Waste Incineration 
                                  Units

62.650 Identification of plan.

      Emissions From Existing Other Solid Waste Incineration Units

62.660 Identification of plan--negative declaration.

                           Subpart E_Arkansas

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.850 Identification of plan.
62.852 [Reserved]

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.854 Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.855 Identification of sources.

         Emissions From Existing Sewage Sludge Incinerator Units

62.856 Identification of sources--negative declaration.

     Total Reduced Sulphur Emissions from Existing Kraft Pulp Mills

62.865 Identification of sources.
62.866 Compliance schedule.

     Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.867 Identification of plan--negative declaration.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

62.868 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.875 Identification of plan--negative declaration.

                          Subpart F_California

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.1100 Identification of plan.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.1101 Identification of sources.

  Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Production 
                                  Units

62.1102 Identification of sources.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.1103 Identification of plan--negative declaration.

     Total Reduced Sulphur Emissions from Existing Kraft Pulp Mills

62.1104 Identification of sources.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.1115 Identification of sources.

     Emissions From Small Existing Municipal Waste Combustion Units

62.1125 Identification of plan--negative declaration.

     Emissions From Large Existing Municipal Waste Combustion Units

62.1130 Identification of sources.

                           Subpart G_Colorado

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.1350 Identification of plan.
62.1351 Identification of sources.
62.1352 Effective date.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

62.1360 Identification of plan.
62.1361 Identification of sources.
62.1362 Effective date.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.1370 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators.

62.1380 Identification of plan.
62.1381 Identification of sources.
62.1382 Effective date.

[[Page 338]]

        Emissions From Existing Sewage Sludge Incineration Units

62.1390 Identification of plan--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.1400 Identification of plan--negative declaration.

                       Incorporation by Reference

62.1490 Incorporation by reference.

                          Subpart H_Connecticut

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.1500 Identification of Plan.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxides From Existing 
               Large and Small Municipal Waste Combustors

62.1501 Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.1600 Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.1625 Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.1650 Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.1700 Identification of plan--negative declaration.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                           Incineration Units

62.1725 Identification of plan--negative declaration

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.1750 Identification of plan--negative declaration.

                           Subpart I_Delaware

           Fluoride Emissions From Phosphate Fertilizer Plants

62.1850 Identification of plan--negative declaration.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.1875 Identification of plan.

      Total Reduced Sulfur Emissions from Existing Kraft Pulp Mills

62.1900 Identification of plan--negative declaration.

        Fluoride Emissions from Primary Aluminum Reduction Plants

62.1925 Identification of plan--negative declaration.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills 
                          (Section 111(d) Plan)

62.1950 Identification of plan.
62.1951 Identification of sources.
62.1952 Effective date.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.1960 Identification of plan--negative declaration.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                    (HMIWI) (Section 111(d)/129 Plan)

62.1975 Identification of plan--negative declaration.
62.1977 Effective date.

     Emissions From Existing Small Municipal Waste Combustion Units

62.1980 Identification of plan--negative declaration.

 Emissions From Existing Commercial/Industrial Solid Waste Incineration 
                                  Units

62.1985 Identification of plan--negative declaration.

       Emissions From Existing Other Solid Waste Combustion Units

62.1990 Identification of plan--negative declaration.

        Emissions From Existing Sewage Sludge Incineration Units

62.1995 Identification of plan--negative declaration.

                     Subpart J_District of Columbia

           Fluoride Emissions From Phosphate Fertilizer Plants

62.2100 Identification of plan--negative declaration.

[[Page 339]]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.2101 Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.2110 Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.2120 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.2130 Identification of plan--negative declaration.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.2140 Identification of plan--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.2145 Identification of plan--negative declaration.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerator 
                              (HMIWI) Units

62.2150 Identification of plan--negative declaration.

 Emissions From Existing Commercial/Industrial Solid Waste Incineration 
                                  Units

62.2155 Identification of plan--negative declaration.

        Emissions From Existing Sewage Sludge Incineration Units

62.2160 Identification of plan--negative declarantion.

                            Subpart K_Florida

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.2350 Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.2351 Identification of sources.

        Fluoride Emissions from Primary Aluminum Reduction Plants

62.2352 Identification of source--negative declaration.

Total Reduced Sulfur Emissions From Kraft Pulp Mills and Tall Oil Plants

62.2353 Identification of sources.
62.2354 Compliance schedules.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste

62.2355 Identification of sources.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.2360 Identification of sources.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

62.2370 Identification of sources.

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                 (CISWI) Units (Section 111(d)/129 Plan)

62.2380 Air Emissions From Commercial and Industrial Solid Waste 
          Incineration (CISWI) Units--Section 111(d)/129 Plan

   Air Emissions From Small Municipal Waste Combustion (SMWC) Units--
                         Section 111(d)/129 Plan

62.2390 Identification of sources.

   Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
                         Section 111(d)/129 Plan

62.2400 Identification of plan--negative declaration.

                            Subpart L_Georgia

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.2600 Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.2601 Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.2602 Identification of sources--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.2603 Identification of sources.
62.2604 [Reserved]

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.2605 Identification of sources--negative declaration.

[[Page 340]]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Soild Waste

62.2606 Identification of sources.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.2607 Identification of sources.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

62.2608 Identification of sources.

   Air Emissions From Small Existing Municipal Waste Combustion Units

62.2609 Identification of plan--negative declaration.

                            Subpart M_Hawaii

     Emissions From Small Existing Municipal Waste Combustion Units

62.2850 Identification of plan--negative declaration.

                             Subpart N_Idaho

        Fluoride Emissions from Existing Primary Aluminum Plants

62.3100 Identification of plan--negative declaration.

 Metals, Acid Gases, Organic Compounds, Particulates and Nitrogen Oxide 
 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

62.3110 Identification of plan.

    Control of Non-Methane Organic Compounds Emissions From Existing 
                     Municipal Solid Waste Landfills

62.3120 Identification of plan.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.3130 Identification of plan--negative declaration.

        Emissions From Existing Sewage Sludge Incineration Units

62.3140 Identification of plan--negative declaration.

 Emissions From Existing Commercial Industrial Solid Waste Incinerators

62.3150 Identification of plan--negative declaration.

                           Subpart O_Illinois

  Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Production 
                                 Plants

62.3300 Identification of plan.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.3325 Identification of plan--negative declaration.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.3330 Identification of plan.
62.3331 Identification of sources.
62.3332 Effective date.

Emissions From Small Municipal Waste Combustion Units With the Capacity 
To Combust at Least 35 Tons Per Day of Municipal Solid Waste but no More 
      Than 250 Tons Per Day of Municipal Solid Waste and Commenced 
                Construction on or Before August 30, 1999

62.3335 Identification of plan--negative declaration.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
        Existing Hospital / Medical Infectious Waste Incinerators

62.3340 Identification of plan.
62.3341 Identification of sources.
62.3342 Effective date.

 Metal, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors with the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste

62.3350 Identification of plan--negative declaration.
62.3351 Effective date.

                            Subpart P_Indiana

           Fluoride Emissions From Phosphate Fertilizer Plants

62.3600 Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.3625 Identification of plan.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.3630 Identification of plan.
62.3631 Identification of sources.
62.3632 Effective date.

[[Page 341]]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
         Existing Hospital/Medical Infectious Waste Incinerators

62.3640 Identification of plan.
62.3641 Identification of sources.
62.3642 Effective date.

Emissions From Small Municipal Waste Combustion Units With the Capacity 
To Combust at Least 35 Tons Per Day of Municipal Solid Waste but No More 
      Than 250 Tons Per Day of Municipal Solid Waste and Commenced 
                Construction on or Before August 30, 1999

62.3645 Identification of plan--negative declaration.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste

62.3650 Identification of plan.
62.3651 Identification of sources.
62.3652 Effective date.

Cont.rol of Air Emissions From Existing Commercial and Industrial Solid 
                         Waste Incinerator Units

62.3660 Identification of plan--negative declaration.

        Control of Air Emissions From Sewage Sludge Incinerators

62.3670 Identification of plan--negative declaration.
62.3671-62.3672 [Reserved]

  Control of Air Emissions From Existing Other Solid Waste Incinerator 
                                  Units

62.3680 Identification of plan.
62.3681 Identification of sources.
62.3682 Effective date.

                             Subpart Q_Iowa

           Standards of Performance for New Stationary Sources

62.3840 Standards of Performance for New Stationary Sources.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.3850 Identification of plan.

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants

62.3851 Identification of sources.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.3852 Identification of sources.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.3853 Identification of plan--negative declaration.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.3854 Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.3910 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.3911 Identification of plan--negative declaration.

Emissions from Existing Municipal Waste Combustors With the Capacity To 
     Burn Greater than 35 Megagrams Per Day of Municipal Solid Waste

62.3912 Identification of plan-negative declaration.

       Air Emissions From Existing Municipal Solid Waste Landfills

62.3913 Identification of plan.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators

62.3914 Identification of plan--negative declaration.

   Air Emissions from Small Existing Municipal Waste Combustion Units

62.3915 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.3916 Identification of plan.

  Air Emissions From Existing ``Other'' Solid Waste Incineration Units

62.3917 Identification of plan--negative declaration.

    Mercury Emissions From Coal-Fired Electric Steam Generating Units

62.3918 Identification of plan.

[[Page 342]]

                            Subpart R_Kansas

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.4100 Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.4125 Identification of plan--negative declaration.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.4150 Identification of plan--negative declaration.

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants

62.4175 Identification of plan.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.4176 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
     Burn Greater than 35 Megagrams Per Day of Municipal Solid Waste

62.4177 Identification of plan--negative declaration.

       Air Emissions From Existing Municipal Solid Waste Landfills

62.4178 Identification of plan.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators

62.4179 Identification of plan.

   Air Emissions from Small Existing Municipal Waste Combustion Units

62.4180 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.4181 Identification of plan--negative declaration.

  Air Emissions From Existing ``Other'' Solid Waste Incineration Units

62.4182 Identification of plan--negative declaration.

      Air Emissions From Existing Sewage Sludge Incineration Units

62.4183 Identification of plan--negative declaration.

                           Subpart S_Kentucky

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.4350 Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.4351 Identification of sources.

           Total Reduced Sulfur From Existing Kraft Pulp Mills

62.4352 Identification of sources.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.4353 Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.4354 Identification of plan--negative declaration.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.4355 Identification of sources.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.4370 Identification of plan--negative declaration.

   Air Emissions From Small Existing Municipal Waste Combustion Units

62.4371 Identification of plan--negative declaration.

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                                  Units

62.4372 Identification of plan--negative declaration.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
              Incinerators (HMIWI)--Section 111(d)/129 Plan

62.4373 Identification of plan--negative declaration.
62.4374 Identification of plan--negative declaration.

   Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
                         Section 111(d)/129 Plan

62.4375 Identification of plan--negative declaration.

[[Page 343]]

                           Subpart T_Louisiana

   Plan for Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.4620 Identification of plan.
62.4621 Emission standards and compliance schedules.
62.4622 Emission inventories, source surveillance, reports.
62.4623 Legal authority.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.4624 Identification of sources.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.4625 Identification of sources.
62.4626 Effective date.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.4627 Identification of sources.
62.4628 Effective date.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.4629 Identification of sources.
62.4630 Effective date.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.4631 Identification of Sources.
62.4632 Effective Date.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

62.4633 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.4650 Identification of plan--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.4660 Identification of sources--negative declaration.

    Existing Commercial and Industrial Solid Waste Incineration Units

62.4670 Identification of sources.
62.4671 Effective date.

      Emissions From Existing Other Solid Waste Incineration Units

62.4675 Identification of plan--negative declaration.

    Mercury Emissions from Coal-Fired Electric Steam Generating Units

62.4680 Identification of sources.
62.4681 Effective date.

                             Subpart U_Maine

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.4845 Identification of plan.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.4875 Identification of sources--negative declaration.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.4900 Identification of sources.

           Total Reduced Sulfur from Existing Kraft Pulp Mills

62.4925 Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.4950 Identification of plan--negative declaration.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste

62.4975 Identification of sources.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.4980 Identification of Plan--negative declaration.

      Air Emissions From Existing Hopital/Medical Infectious Waste 
                              Incinerators.

62.4985 Identification of Plan--negative declaration.

      Air Emissions From Existing Sewage Sludge Incineration Units

62.4990 Identification of plan--negative declaration.

                                  --XXX

62.4995 xxx

                           Subpart V_Maryland

   Plan for Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.5100 Identification of plan.

[[Page 344]]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.5101 Identification of sources.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.5102 Identification of sources.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.5103 Identification of sources.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
 Existing Municipal Waste Combustors With a Unit Capacity Greater Than 
                            250 Tons Per Day

62.5110 Identification of plan.
62.5111 Identification of sources.
62.5112 Effective date.

  Emissions From Existing Small Municipal Waste Combustor (MWC) Units--
               Section 111(d)/129 Federal Plan Delegation

62.5120 Identification of plan--delegation of authority.
62.5121 Identification of sources.
62.5122 Effective date of delegation.

     Emissions From Existing Commercial and Industrial Solid Waste 
             Incinerator (CISWI) Units--Negative Declaration

62.5127 Identification of plan--negative declaration.

  Landfill Gas Emissions from Existing Municipal Solid Waste Landfills 
                          (Section 111(d) Plan)

62.5150 Identification of plan.
62.5151 Identification of sources.
62.5152 Effective date.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                   (HMIWIs) (Section 111(d)/129 Plan)

62.5160 Identification of plan.
62.5161 Identification of sources.
62.5162 Effective date.

 Air Emissions From Existing Sewage Sludge Incinerators (SSI)--Section 
                   111(d)/129 Federal Plan Delegations

62.5170 Identification of plan--negative declaration.

                         Subpart W_Massachusetts

62.5340 Identification of Plan.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.5350 Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.5351 Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mils

62.5375 Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.5400 Identification of plan--negative declaration.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste

62.5425 Identification of sources.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators

62.5450 Identification of plan-negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.5475 Identification of Plan--negative declaration.

                           Subpart X_Michigan

           Fluoride Emissions From Phosphate Fertilizer Plants

62.5600 Identification of plan--negative declaration.

    Control of Air Emissions from Hospital/Medical/Infectious Waste 
                              Incinerators

62.5610 Identification of plan--negative declaration.

        Control of Air Emissions From Sewage Sludge Incinerators

62.5620 Identification of plan.
62.5621 Identification of sources.
62.5622 Effective date.

     Control of Air Emissions From Small Municipal Waste Combustors

62.5630 Identification of plan--negative declaration.

                           Subpart Y_Minnesota

           Fluoride Emissions From Phosphate Fertilizer Plants

62.5850 Identification of plan--negative declaration.

[[Page 345]]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.5860 Identification of plan.
62.5861 Identification of sources.
62.5862 Effective date.

                Existing Large Municipal Waste Combustors

62.5870 Identification of plan.
62.5871 Identification of sources.
62.5872 Effective date.

  Control of Air Emissions From Commercial and Industrial Solid Waste 
                           Incineration Units

62.5880 Identification of plan--negative declaration.

   Control of Air Emissions From Other Solid Waste Incineration Units

62.5890 Identification of plan--negative declaration.

                          Subpart Z_Mississippi

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.6100 Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.6110 Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.6120 Identification of sources.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.6121 Identification of sources--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.6122 Identification of sources.

                       Municipal Waste Combustors

62.6123 Identification of sources--negative declaration.

    Air Emissions from Hospital/Medical/Infectious Waste Incinerators

62.6124 Identification of sources.
62.6125 Identification of plan--negative declaration.

   Air Emissions from Small Existing Municipal Waste Combustion Units

62.6126 Identification of plan--negative declaration.

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                 (CISWI) Units (Section 111(d)/129 Plan)

62.6127 Identification of Sources.

                           Subpart AA_Missouri

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.6350 Identification of plan.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.6351 Identification of plan--negative declaration.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.6352 Identification of sources.

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants

62.6353 Identification of sources.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.6354 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.6355 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
     Burn Greater than 35 Megagrams Per Day of Municipal Solid Waste

62.6356 Identification of plan--negative declaration.

       Air Emissions From Existing Municipal Solid Waste Landfills

62.6357 Identification of plan.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators

62.6358 Identification of plan.

   Air Emissions from Small Existing Municipal Waste Combustion Units

62.6359 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.6360 Identification of plan.

[[Page 346]]

  Air Emissions From Existing ``Other'' Solid Waste Incineration Units

62.6361 Identification of plan--negative declaration.

    Mercury Emissions From Coal-Fired Electric Steam Generating Units

62.6362 [Reserved]

           Air Emissions from Sewage Sludge Incinerator Units

62.6363 Identification of plan.

                           Subpart BB_Montana

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.6600 Identification of plan.
62.6601 Identification of sources.
62.6602 Effective date.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

62.6610 Identification of plan.
62.6611 Identification of sources.
62.6612 Effective date.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.6613 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.6620 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators.

62.6630 Identification of plan--negative declaration.

        Emissions From Existing Sewage Sludge Incineration Units

62.6640 Identification of plan--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.6650 Identification of plan--negative declaration.

      Emissions From Existing Other Solid Waste Incineration Units

62.6660 Identification of plan--negative declaration.

                           Subpart CC_Nebraska

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.6850 Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.6875 Identification plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.6880 Identification of plan--negative declaration.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.6910 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.6911 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
     Burn Greater than 35 megagrams Per Day of Municipal Solid Waste

62.6912 Identification of plan--negative declaration.

       Air Emissions From Existing Municipal Solid Waste Landfills

62.6913 Identification of plan.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators

62.6914 Identification of plan.

   Air Emissions from Small Existing Municipal Waste Combustion Units

62.6915 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.6916 Identification of plan--negative declaration.

      Air Emissions Standards of Performance for New Sewage Sludge 
                              Incinerators

62.6917 Identification of plan--negative declaration.

[[Page 347]]

                            Subpart DD_Nevada

   Landfill Gas Emissions From Existing Municipal Solid Waste Landfill

62.7100 Identification of plan.
62.7101 Identification of sources.
62.7102 Effective date.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.7120 Identification of plan--negative declaration.

     Emissions From Small Existing Municipal Waste Combustion Units

62.7125 Identification of plan--negative declaration.

Emissions From Existing Commercial/Industrial Solid Waste Incinceration 
                                  Units

62.7130 Identification of plan.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

62.7135 Identification of plan--negative declaration.

      Emissions from Existing Other Solid Waste Incineration Units

62.7140 Identification of plan--negative declaration.

                        Subpart EE_New Hampshire

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.7325 Identification of plan.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.7350 Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.7375 Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.7400 Identification of sources--negative declaration.

         Emissions From Existing Municipal Solid Waste Landfills

62.7405 Identification of plan-negative declaration.

           Total Reduced Sulfur From Existing Kraft Pulp Mills

62.7425 Identification of sources.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators

62.7450 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.7455 Identification of plan--negative declaration.

 Air Emissions From Existing Large and Small Municipal Waste Combustors

62.7460 Identification of sources.

      Air Emissions From Existing Sewage Sludge Incineration Units

62.7465 Identification of plan--delegation of authority.

                          Subpart FF_New Jersey

           Fluoride Emissions From Phosphate Fertilizer Plants

62.7600 Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.7601 Identification of plan--negative declaration.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.7602 Identification of plan--negative declaration.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
 Existing Large Municipal Waste Combustors With the Capacity To Combust 
         Greater Than 250 Tons Per Day of Municipal Solid Waste

62.7603 Identification of plan-delegation of authority.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                            Incinerator Units

62.7604 Identification of plan--negative declaration.

   Air Emissions from Existing Municipal Solid Waste Landfills, Small 
Municipal Waste Combustion Units, and Hospital/Medical/Infectious Waste 
                              Incinerators.

62.7605 Identification of plan--delegation of authority.

[[Page 348]]

     Air Emissions From Other Solid Waste Incineration (OSWI) Units 
               Constructed on or Before December 16, 2005

62.7606 Identification of plan-negative declaration.

      Air Emissions from Existing Sewage Sludge Incineration Units

62.7607 Identification of plan--delegation of authority.

                          Subpart GG_New Mexico

62.7850 Identification of plan.

         Sulfuric Acid Mist Emissions From Sulfuric Acid Plants

62.7851 Identification of sources.

             Fluoride Emissions From Primary Aluminum Plants

62.7852 Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.7853 Identification of plan--negative declaration.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.7854 Identification of plan--negative declaration

  Landfill Gas Emissions From Existing Municipal Soild Waste Landfills

62.7855 New Mexico Environment Department.
62.7856 Albuquerque/Bernalillo County Air Quality Control Board.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.7857 Identification of plan--negative declaration.

     Emissions From Existing Large Municipal Waste Combustion Units

62.7860 Identification of sources--negative declaration.

 Emissions From Existing Hospital/Medical/Infectious Wastes Incinerators

62.7870 Identification of sources--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.7880 Identification of sources--negative declaration.

     Emissions From Existing Commercial and Industrial Solid Waste 
                       Incineration (CISWI) Units

62.7881 Identification of sources--negative declaration.

     Emissions From Existing Commercial and Industrial Solid Waste 
                       Incineration (CISWI) Units

62.7890 Identification of sources--negative declarations.

         Emissions From Existing Sewage Sludge Incinerator Units

62.7892 Identification of sources.

      Emissions From Existing Other Solid Waste Incineration Units

62.7893 Identification of plan--negative declarations.

                           Subpart HH_New York

           Fluoride Emissions From Phosphate Fertilizer Plants

62.8100 Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.8102 Identification of plan.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste

62.8103 Identification of plan.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.8104 Identification of plan.

 Metals, Acid Gases, Organic Compounds, Particulates and Nitrogen Oxide 
 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

62.8105 Identification of plan.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                            Incinerator Units

62.8106 Identification of plan--negative declaration.

Air Emissions From Existing Small Municipal Waste Combustion Units With 
 The Capacity To Combust At Least 35 Tons Per Day But No More Than 250 
    Tons Per Day Of Municipal Solid Waste Or Refuse Derived Fuel and 
                Constructed on or Before August 30, 1999

62.8107 Identification of plan.

[[Page 349]]

      Air Emissions From Existing Sewage Sludge Incineration Units

62.8108 Identification of plan.

     Air Emissions From Other Solid Waste Incineration (OSWI) Units 
               Constructed on or Before December 16, 2005

62.8109 Identification of plan-negative declaration.

                        Subpart II_North Carolina

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.8350 Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.8351 Identification of sources.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.8352 Identification of sources.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.8353 Identification of sources.

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                                  Units

62.8354 Identification of plan--negative declaration.

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                 (CISWI) Units--Section 111(d)/129 Plan

62.8355 Identification of sources.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
              Incinerators (HMIWI)--Section 111(d)/129 Plan

62.8356 Identification of plan--negative declaration.

  Air Emissions From Existing Large Municipal Waste Combustors (LMWC)--
                         Section 111(d)/129 Plan

62.8357 Identification of plan--negative declaration.

  Air Emissions From Existing Small Municipal Waste Combustors (SMWC)--
                         Section 111(d)/129 Plan

62.8359 Identification of plan--negative declaration.

   Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
                         Section 111(d)/129 Plan

62.8361 Identification of plan--negative declaration.

 Air Emissions From Existing Sewage Sludge Incinerators (SSI)--Section 
                             111(d)/129 Plan

62.8362 Identification of plan--North Carolina Department of 
          Environmental Quality.
62.8363 Identification of plan--Western North Carolina Regional Air 
          Quality Agency.

                         Subpart JJ_North Dakota

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.8600 Identification of plan.
62.8601 Identification of sources.
62.8602 Effective date.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

62.8610 Identification of plan--Negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.8620 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators.

62.8630 Identification of plan.
62.8631 Identification of sources.
62.8632 Effective date.

        Emissions From Existing Sewage Sludge Incineration Units

62.8640 Identification of plan--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.8650 Identification of plan--negative declaration.

      Emissions From Existing Other Solid Waste Incineration Units

62.8660 Identification of plan--negative declaration.

                       Incorporation by Reference

62.8700 Incorporation by reference.

                             Subpart KK_Ohio

           Fluoride Emissions From Phosphate Fertilizer Plants

62.8850 Identification of plan--negative declaration.

[[Page 350]]

Emissions From Small Municipal Waste Combustion Units With the Capacity 
To Combust at Least 35 Tons Per Day of Municipal Solid Waste But No More 
      Than 250 Tons Per Day of Municipal Solid Waste and Commenced 
                Construction on or Before August 30, 1999

62.8855 Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.8860 Identification of plan--disapproval.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.8870 Identification of plan.
62.8871 Identification of sources.
62.8872 Effective date.

  Emissions From Hospital, Medical, and Infectious Waste Incinerators 
                                 (HMIWI)

62.8880 Identification of plan.

                           Subpart LL_Oklahoma

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.9100 Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.9110 Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.9120 Identification of plan--negative declaration.

         Emissions From Existing Sewage Sludge Incinerator Units

62.9121 Identification of sources--negative declaration.

             Fluoride Emissions From Primary Aluminum Plants

62.9130 Identification of plan--negative declaration.

           Total Reduced Sulfur From Existing Kraft Pulp Mills

62.9140 Identification of source.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors with the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste

62.9150 Identification of sources.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.9160 Identification of sources.

   Air Emissions From Hazardous/Medical/Infectious Waste Incinerators

62.9170 Identification of sources.

                             Effective Date

62.9171 Effective date.

     Emissions From Existing Small Municipal Waste Combustion Units

62.9180 Identification of sources--negative declaration.

    Existing Commercial and Industrial Solid Waste Incineration Units

62.9190 Identification of sources.
62.9191 Effective date.

                            Subpart MM_Oregon

 Plan for the Control of Designated Pollutants From Existing Facilities 
                            (Section 111(d))

62.9350 Identification of plan.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.9360 Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.9500 Identification of sources.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.9501 Identification of sources.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Wastes

62.9505 Identification of sources.

 Control of Landfill Gas Emissions From Existing Municipal Solid Waste 
                                Landfills

62.9510 Identification of plan.
62.9511 Identification of sources.
62.9512 Effective date.

 Metals, Acid Gases, Organic Compounds, Particulates and Nitrogen Oxide 
 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

62.9515 Identification of sources--Negative declaration.

[[Page 351]]

        Emissions From Existing Sewage Sludge Incineration Units

62.9520 Identification of plan--negative declaration.

                         Subpart NN_Pennsylvania

           Fluoride Emissions From Phosphate Fertilizer Plants

62.9600 Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.9601 Identification of plan.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.9610 Identification of plan--negative declaration.
62.9611 Identification of plan--Pennsylvania.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.9620 Identification of plan--negative declaration.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills 
                          (Section 111(d) Plan)

62.9630 Identification of plan.
62.9631 Identification of sources.
62.9632 Effective date.
62.9633 Identification of plan--negative declaration.
62.9635 Identification of plan.
62.9636 Identification of sources.
62.9637 Effective date.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
 Existing Municipal Waste Combustors With a Unit Capacity Greater Than 
                            250 Tons Per Day

62.9640 Identification of plan.
62.9641 Identification of sources.
62.9642 Effective dates.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.9643 Identification of plan--negative declaration.
62.9644 Identification of plan--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.9645 Identification of plan--negative declaration.
62.9646 Identification of plan--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.9647 Identification of plan--negative declaration.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                   (HMIWIs) (Section 111(d)/129 Plans)

62.9650 Identification of plan.
62.9651 Identification of sources.
62.9652 Effective date.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                   (HMIWIs) (Section 111(d)/129 Plan)

62.9660 Identification of plan.
62.9661 Identification of sources.
62.9662 Effective date.
62.9663 Identification of plan--negative declaration.

        Emissions From Existing Sewage Sludge Incineration Units

62.9665 Identification of plan--negative declaration.

 Emissions From Existing Commercial/Industrial Solid Waste Incineration 
                                  Units

62.9670 Identification of plan--negative declaration.

 Emissions From Existing Commercial Industrial Solid Waste Incinerators 
       (CISWI) Units--Section 111(d)/129 Federal Plan Delegations

62.9675 Identification of plan--delegation of authority.
62.9676 Identification of sources.
62.9677 Effective date of delegation.
62.9680 Identification of plan--delegation of authority.
62.9681 Identification of sources.
62.9682 Effective date of delegation.

 Air Emissions From Existing Sewage Sludge Incinerators (SSI)--Section 
                   111(d)/129 Federal Plan Delegations

62.9690 Identification of plan-delegation of authority.

                         Subpart OO_Rhode Island

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.9825 Identification of plan.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.9850 Identification of plan--negative declaration.

[[Page 352]]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.9875 Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.9900 Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.9950 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.9970 Identification of plan--negative declaration.

   Municipal Waste Combustor Emissions From Existing Municipal Waste 
Combustors With the Capacity To Combust Greater Than 250 Tons Per Day of 
                          Municipal Solid Waste

62.9975 Identification of plan--negative declaration.

Air Emissions From Existing Municipal Waste Combustors With the Capacity 
To Combust at Least 35 Tons Per Day But No More Than 250 Tons Per Day of 
                          Municipal Solid Waste

62.9980 Identification of plan--negative declaration.

         Emissions From Existing Municipal Solid Waste Landfills

62.9985 Identification of plan--negative declaration.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators

62.9990 Identification of plan--negative declaration.

    Air Emissions From Existing Other Solid Waste Incineration Units

62.9995 Identification of plan--negative declaration.

                        Subpart PP_South Carolina

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.10100 Identification of plan.

              Sulfuric Acid Mist From Sulfuric Acid Plants

62.10110 Identification of sources.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.10120 Identification of sources.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.10130 Identification of plan--negative declaration.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants

62.10140 Identification of plan--negative declaration.

Metals, Acid Gases, Organic Compounds And Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With The Capacity To Combust Greater 
             Than 250 Tons Per Day Of Municipal Solid Waste

62.10150 Identification of plan--negative declaration.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.10160 Identification of sources.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

62.10170 Identification of sources.

   Air Emissions From Small Existing Municipal Waste Combustion Units

62.10180 Identification of plan--negative declaration.

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                 (CISWI) Units (Section 111(d)/129 Plan)

62.10190 Identification of sources.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
              Incinerators (HMIWI)--Section 111(d)/129 Plan

62.10200 Identification of plan--negative declaration.

                         Subpart QQ_South Dakota

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.10350 Identification of plan.
62.10351 Identification of sources.
62.10352 Effective date.
62.10353 Incorporation by reference.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

62.10360 Identification of plan.
62.10361 Identification of sources.
62.10362 Effective date.

[[Page 353]]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.10370 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Wates 
                              Incinerators.

62.10380 Identification of plan--negative declaration.

        Emissions From Existing Sewage Sludge Incineration Units

62.10390 Identification of plan--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.10400 Identification of plan--negative declaration.

      Emissions From Existing Other Solid Waste Incineration Units

62.10410 Identification of plan--negative declaration.

                          Subpart RR_Tennessee

           Fluoride Emissions From Phosphate Fertilizer Plants

62.10602 Identification of sources--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.10625 Identification of plan.

 Plan For The Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.10626 Identification of plan.

Metals, Acid Gases, Organic Compounds And Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With The Capacity To Combust Greater 
             Than 250 Tons Per Day Of Municipal Solid Waste

62.10627 Identification of sources.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.10628 Identification of sources.

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                                  Units

62.10629 Identification of plan--negative declaration.
62.10630 Identification of sources.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
              Incinerators (HMIWI)--Section 111(d)/129 Plan

62.10631 Identification of plan--negative declarations.
62.10632 Identification of sources.
62.10633 Identification of plan--negative declarations.

  Air Emissions From Existing Large Municipal Waste Combustors (MWC)--
                         Section 111(d)/129 Plan

62.10634 Identification of plan--negative declarations.

                            Subpart SS_Texas

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.10850 Identification of plan.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants

62.10860 Identification of sources.

           Total Reduced Sulfur From Existing Kraft Pulp Mills

62.10870 Identification of sources.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.10880 Identification of sources.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.10890 Identification of plan--negative declaration.

      Emissions From Existing Other Solid Waste Incineration Units

62.10900 Identification of plan.

   Air Emissions From Hospital/Medical/Infectious Wastes Incinerators

62.10910 Identification of sources.
62.10911 Effective date.

         Emissions From Existing Sewage Sludge Incinerator Units

62.10912 Identification of sources--negative declaration.

                             Subpart TT_Utah

      Fluoride Emissions From Existing Phosphate Fertilizer Plants

62.11100 Identification of plan-negative declaration.

[[Page 354]]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.11110 Identification of plan.
62.11111 Identification of sources.
62.11112 Effective date.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

62.11120 Identification of plan.
62.11121 Identification of sources.
62.11122 Effective date.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.11130 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators

62.11140 Identification of plan--negative declaration.

        Emissions From Existing Sewage Sludge Incineration Units

62.11150 Identification of plan--negative declaration.

      Emissions From Existing Other Solid Waste Incineration Units

62.11160 Identification of plan--negative declaration.

                           Subpart UU_Vermont

           Fluoride Emissions From Phosphate Fertilizer Plants

62.11350 Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units

62.11375 Identification of plan--negative declaration.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.11400 Identification of plan--negative declaration.

        Fluoride Emissions From Existing Primary Aluminum Plants

62.11425 Identification of plan--negative declaration.

   Municipal Waste Combustor Emissions From Existing Municipal Waste 
Combustors With the Capacity To Combust Greater Than 250 Tons Per Day of 
                          Municipal Solid Waste

62.11450 Identification of plan--negative declaration.

Municipal Waste Combustor Emissions From Existing Small Municipal Waste 
Combustors With the Capacity To Combust Between 35 and 250 Tons Per Day 
                        of Municipal Solid Waste

62.11460 Identification of Plan-negative declaration.

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators

62.11475 Identification of Plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units

62.11480 Identification of plan--negative declaration.

         Emission From Existing Municipal Solid Waste Landfills

62.11485 Identification of plan--negative declaration.

    Air Emissions From Existing Other Solid Waste Incineration Units

62.11490 Identification of Plan-negative declaration.

         Air Emissions From Existing Sewage Sludge Incinerators

62.11495 Identification of plan--negative declaration.

                           Subpart VV_Virginia

           Fluoride Emissions From Phosphate Fertilizer Plants

62.11600 Identification of plan--negative declaration.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants

62.11601 Identification of plan.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills

62.11610 Identification of plan.
62.11611-62.11619 [Reserved--plan not submitted]

        Fluoride Emissions From Existing Primary Aluminum Plants

62.11620 Identification of plan--negative declaration.

 Emissions From Existing Commercial Industrial Solid Waste Incinerators 
                 (CISWI) Units (Section 111(d)/129 Plan)

62.11621 Identification of plan.
62.11622 Identification of sources.
62.11623 Identification of plan.

[[Page 355]]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                 (HMIWI) Units--Section 111(d)/129 Plan

62.11625 Identification of plan--negative declaration.
62.11627 Effective date.

  Emissions From Existing Small Municipal Waste Combustor (MWC) Units--
                         Section 111(d)/129 Plan

62.11635 Identification of plan.
62.11636 Identification of sources.
62.11637 Effective date.

  Emissions From Existing Large Municipal Waste Combustor (MWC) Units--
                         Section 111(d)/129 Plan

62.11640 Identification of plan.
62.11641 Identification of sources.
62.11642 Effective date of plan.

   Emissions From Existing Sewage Sludge Incineration Units--Section 
                             111(d)/129 Plan

62.11650 Identification of plan.
62.11651 Identification of sources.
62.11652 Effective date.

Emissions From Existing Municipal Solid Waste Landfills--Section 111(d) 
                                  Plan

62.11660 Identification of plan.
62.11661 Identification of sources.
62.11662 Effective date.

                          Subpart WW_Washington

           Fluoride Emissions From Phosphate Fertilizer Plants

62.11850 Identification of plan--negative declaration.

Plans for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

62.11860 Identification of plan.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste

62.11870 Identification of sources.

                        Subpart XX_West Virginia

           Fluoride Emissions From Phosphate Fertilizer Plants

62.12100 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.12110 Identification of plan--negative declaration.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills 
                          (Section 111(d)) Plan

62.12125 Identification of plan.
62.12126 Identification of sources.
62.12127 Effective date.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                   (HMIWIs) (Section 111(d)/129 Plan)

62.12150 Identification of plan.
62.12151 Identification of sources.
62.12152 Effective date.

 Emissions From Existing Commercial Industrial Solid Waste Incinerators 
                (CISWI) Units (Section 111(d)/129 Plans)

62.12155 Identification of plan.
62.12156 Identification of sources.
62.12157 Effective date.

     Emissions From Existing Small Municipal Waste Combustion Units

62.12160 Identification of plan--negative declaration.

           Emissions From Other Solid Waste Incinerator Units

62.12165 Identification of plan--negative declaration.

        Emissions From Existing Sewage Sludge Incineration Units

62.12170 Identification of plan--negative declaration.

                          Subpart YY_Wisconsin

    Control of Air Emissions from Hospital/Medical/Infectious Waste 
                              Incinerators

62.12320 Identification of plan--negative declaration.

           Fluoride Emissions From Phosphate Fertilizer Plants

62.12350 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.12360 Identification of plan--negative declaration.

[[Page 356]]

                           Subpart ZZ_Wyoming

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

62.12600 Identification of plan.
62.12601 Identification of sources.
62.12602 Effective date.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

62.12610 Identification of plan.
62.12611 Identification of sources.
62.12612 Effective date.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.12620 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators.

62.12630 Identification of plan--negative declaration.

        Emissions From Existing Sewage Sludge Incineration Units

62.12640 Identification of plan--negative declaration.

     Emissions From Existing Small Municipal Waste Combustion Units

62.12650 Identification of plan--negative declaration.

      Emissions From Existing Other Solid Waste Incineration Units

62.12660 Identification of plan--negative declaration.

                       Subpart AAA_American Samoa

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.12900 Identification of plan--negative declaration.

                         Subpart BBB_Puerto Rico

           Fluoride Emissions From Phosphate Fertilizer Plants

62.13100 Identification of plan--negative declaration.

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Plants

62.13101 Identification of plan--negative declaration.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.13102 Identification of plan--negative declaration.

               Total Reduced Sulfur From Kraft Pulp Mills

62.13103 Identification of plan--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.13104 Identification of plan--negative declaration.

Air Emissions From Existing Small Municipal Waste Combustion Units With 
 The Capacity To Combust At Least 35 Tons Per Day But No More Than 250 
    Tons Per Day Of Municipal Solid Waste Or Refuse Derived Fuel and 
                Constructed on or Before August 30, 1999

62.13105 Identification of plan--negative declaration.

    Control of Air Emissions of Designated Pollutants From Existing 
          Hospital, Medical, and Infectious Waste Incinerators

62.13106 Identification of plan.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills 
                          (Section 111(d) Plan)

62.13107 Identification of plan.

    Control of Air Emissions of Designated Pollutants From Existing 
        Commercial and Industrial Solid Waste Incineration Units

62.13108 Identification of plan.

      Air Emissions From Existing Sewage Sludge Incineration Units

62.13109 Identification of plan.

     Air Emissions From Other Solid Waste Incineration (OSWI) Units 
               Constructed on or Before December 16, 2005

62.13110 Identification of plan-negative declaration.

                       Subpart CCC_Virgin Islands

           Fluoride Emissions From Phosphate Fertilizer Plants

62.13350 Identification of plan--negative declaration.

[[Page 357]]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Plants

62.13351 Identification of plan--negative declaration.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills

62.13352 Identification of plan--negative declaration.

        Fluoride Emissions From Primary Aluminum Reduction Plants

62.13353 Identification of plant--negative declaration.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.13354 Identification of plan--negative declaration.

Air Emissions From Existing Small Municipal Waste Combustion Units With 
 the Capacity To Combust at Least 35 Tons Per Day but No More Than 250 
    Tons Per Day of Municipal Solid Waste or Refuse Derived Fuel and 
                Constructed on or Before August 30, 1999

62.13355 Identification of plan--negative declaration.

   Air Emissions From Existing Commercial and Industrial Solid Waste 
    Incineration Units Constructed on or Before November 30, 1999 or 
             Reconstructed or Modified prior to June 1, 2001

62.13356 Identification of plan--negative declaration.

Air Emissions From Existing Sewage Sludge Incineration Units Constructed 
                      on or Before October 14, 2010

62.13357 Identification of plan--negative declaration.

     Air Emissions From Other Solid Waste Incineration (OSWI) Units 
               Constructed on or Before December 16, 2005

62.13358 Identification of plan--negative declaration.

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
(CISWI) Units That Commenced Construction on or Before June 4, 2010, or 
That Commenced Modification or Reconstruction After June 4, 2010 But Not 
                        Later Than August 7, 2013

62.13359 Identification of plan--negative declaration.

                  Subpart DDD_Northern Mariana Islands

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

62.13600 Identification of plan--negative declaration.

Subpart EEE [Reserved]

    Subpart FFF_Federal Plan Requirements For Large Municipal Waste 
         Combustors Constructed On Or Before September 20, 1994

62.14100 Scope and delegation of authority.
62.14101 Definitions.
62.14102 Affected facilities.
62.14103 Emission limits for municipal waste combustor metals, acid 
          gases, organics, and nitrogen oxides.
62.14104 Requirements for municipal waste combustor operating practices.
62.14105 Requirements for municipal waste combustor operating training 
          and certification.
62.14106 Emission limits for municipal waste combustor fugitive ash 
          emissions.
62.14107 Emission limits for air curtain incinerators.
62.14108 Compliance schedules.
62.14109 Reporting and recordkeeping, and compliance and performance 
          testing.

Table 1 to Subpart FFF of Part 62--Units Excluded From Subpart FFF
Table 2 to Subpart FFF of Part 62--Nitrogen Oxides Requirements for 
          Affected Facilities
Table 3 to Subpart FFF of Part 62--Municipal Waste Combustor Operating 
          Requirements
Table 4 to Subpart FFF of Part 62--Generic Compliance Schedule and 
          Increments of Progress (Pre-1987 MWCs)
Table 5 to Subpart FFF of Part 62--Generic Compliance Schedules and 
          Increments of Progress (Post-1987 MWCs)
Table 6 to Subpart FFF of Part 62--Site-specific Compliance Schedules 
          and Increments of Progress

    Subpart GGG_Federal Plan Requirements for Municipal Solid Waste 
Landfills That Commenced Construction Prior to May 30, 1991 and Have Not 
            Been Modified or Reconstructed Since May 30, 1991

62.14350 Scope and delegation of authority.
62.14351 Definitions.
62.14352 Designated facilities.
62.14353 Standards for municipal solid waste landfill emissions.
62.14354 Procedures, test methods, and monitoring.

[[Page 358]]

62.14355 Reporting and recordkeeping requirements.
62.14356 Compliance schedules and increments of progress.

Table 1 to Subpart GGG of Part 62--States That Have an Approved and 
          Effective State Plan
Table 2 to Subpart GGG of Part 62--States that Submitted a Negative 
          Declaration Letter
Table 3 to Subpart GGG of Part 62--Generic Compliance Schedule and 
          Increments of Progress
Table 4 to Subpart GGG of Part 62--Site-Specific Compliance Schedules 
          and Increments of Progress [Reserved]

 Subpart HHH_Federal Plan Requirements for Hospital/Medical/Infectious 
      Waste Incinerators Constructed On Or Before December 1, 2008

                              Applicability

62.14400 Am I subject to this subpart?
62.14401 How do I determine if my HMIWI is covered by an approved and 
          effective State or Tribal plan?
62.14402 If my HMIWI is not listed on the Federal plan inventory, am I 
          exempt from this subpart?
62.14403 What happens if I modify an existing HMIWI?

                             Emission Limits

62.14410 Are there different emission limits for different locations and 
          sizes of HMIWI?
62.14411 What emission limits apply to my HMIWI?
62.14412 What stack opacity and visible emissions requirements apply?
62.14413 When do the emissions limits and stack opacity and visible 
          emissions requirements apply?

                   Operator Training and Qualification

62.14420 Am I required to have a trained and qualified operator?
62.14421 How does an operator become trained and qualified?
62.14422 What are the requirements for a training course that is not 
          part of a State-approved program?
62.14423 What are the qualification requirements for operators who do 
          not participate in a State-approved program?
62.14424 What documentation must I maintain onsite?
62.14425 When must I review the documentation?

                          Waste Management Plan

62.14430 Must I prepare a waste management plan?
62.14431 What must my waste management plan include?
62.14432 When must my waste management plan be completed?

                         Inspection Requirements

62.14440 Which HMIWI are subject to inspection requirements?
62.14441 When must I inspect my HMIWI equipment and air pollution 
          control devices?
62.14442 What must my inspection include?
62.14443 When must I do repairs?

             Performance Testing and Monitoring Requirements

62.14450 [Reserved]
62.14451 What are the testing requirements for HMIWI that are not small 
          rural?
62.14452 What test methods and procedures must I use?
62.14453 What must I monitor?
62.14454 How must I monitor the required parameters?
62.14455 What if my HMIWI goes outside of a parameter limit?

                Reporting and Recordkeeping Requirements

62.14460 What records must I maintain?
62.14461 For how long must I maintain records?
62.14462 Where must I keep the records?
62.14463 What reporting requirements must I satisfy?
62.14464 When must I submit reports?
62.14465 Who must sign all submitted reports?

                           Compliance Schedule

62.14470 When must I comply with this subpart if I plan to continue 
          operation of my HMIWI?
62.14471 When must I comply with this subpart if I plan to shut down?
62.14472 When must I comply with this subpart if I plan to shut down and 
          later restart?

                          Permitting Obligation

62.14480 Does this subpart require me to obtain an operating permit 
          under title V of the Clean Air Act and implementing 
          regulations?
62.14481 When must I submit a title V permit application for my HMIWI?

                               Definitions

62.14490 Definitions.

                         Delegation of Authority

62.14495 What authorities will be retained by the EPA Administrator?

[[Page 359]]


Table 1 to Subpart HHH of Part 62--Emission Limits for Small Rural, 
          Small, Medium, and Large HMIWI
Table 2 to Subpart HHH of Part 62--Toxic Equivalency Factors
Table 3 to Subpart HHH of Part 62--Operating Parameters To Be Monitored 
          and Minimum Measurement and Recording Frequencies

  Subpart III_Federal Plan Requirements for Commercial and Industrial 
Solid Waste Incineration Units That Commenced Construction On or Before 
                            November 30, 1999

                              Introduction

62.14500 What is the purpose of this subpart?
62.14505 What are the principal components of this subpart?

                              Applicability

62.14510 Am I subject to this subpart?
62.14515 Can my CISWI unit be covered by both a State plan and this 
          subpart?
62.14520 How do I determine if my CISWI unit is covered by an approved 
          and effective State or Tribal plan?
62.14521 If my CISWI unit is not listed in the Federal plan inventory, 
          am I exempt from this subpart?
62.14525 Can my combustion unit be exempt from this subpart?
62.14530 What if I have a chemical recovery unit that is not listed in 
          Sec.  62.14525(n)?
62.14531 When must I submit any records required pursuant to an 
          exemption allowed under Sec.  62.14525?

             Compliance Schedule and Increments of Progress

62.14535 When must I comply with this subpart if I plan to continue 
          operation of my CISWI unit?
62.14536 What steps are required to request an extension of the initial 
          compliance date if I plan to continue operation of my CISWI 
          unit?
62.14540 When must I complete each increment of progress?
62.14545 What must I include in each notification of achievement of an 
          increment of progress?
62.14550 When must I submit a notification of achievement of the first 
          increment of progress?
62.14555 What if I do not meet an increment of progress?
62.14560 How do I comply with the increment of progress for submittal of 
          a control plan?
62.14565 How do I comply with the increment of progress for achieving 
          final compliance?
62.14570 What must I do if I plan to permanently close my CISWI unit?
62.14575 What must I do if I close my CISWI unit and then restart it?

                          Waste Management Plan

62.14580 What is a waste management plan?
62.14585 When must I submit my waste management plan?
62.14590 What should I include in my waste management plan?

                   Operator Training and Qualification

62.14595 What are the operator training and qualification requirements?
62.14600 When must the operator training course be completed?
62.14605 How do I obtain my operator qualification?
62.14610 How do I maintain my operator qualification?
62.14615 How do I renew my lapsed operator qualification?
62.14620 What site-specific documentation is required?
62.14625 What if all the qualified operators are temporarily not 
          accessible?

                Emission Limitations and Operating Limits

62.14630 What emission limitations must I meet and by when?
62.14635 What operating limits must I meet and by when?
62.14640 What if I do not use a wet scrubber to comply with the emission 
          limitations?
62.14645 What happens during periods of startup, shutdown, and 
          malfunction?

                           Performance Testing

62.14650 How do I conduct the initial and annual performance test?
62.14655 How are the performance test data used?

                     Initial Compliance Requirements

62.14660 How do I demonstrate initial compliance with the emission 
          limitations and establish the operating limits?
62.14665 By what date must I conduct the initial performance test?

                   Continuous Compliance Requirements

62.14670 How do I demonstrate continuous compliance with the emission 
          limitations and the operating limits?
62.14675 By what date must I conduct the annual performance test?
62.14680 May I conduct performance testing less often?
62.14685 May I conduct a repeat performance test to establish new 
          operating limits?

                               Monitoring

62.14690 What monitoring equipment must I install and what parameters 
          must I monitor?

[[Page 360]]

62.14695 Is there a minimum amount of monitoring data I must obtain?

                       Recordkeeping and Reporting

62.14700 What records must I keep?
62.14705 Where and in what format must I keep my records?
62.14710 What reports must I submit?
62.14715 When must I submit my waste management plan?
62.14720 What information must I submit following my initial performance 
          test?
62.14725 When must I submit my annual report?
62.14730 What information must I include in my annual report?
62.14735 What else must I report if I have a deviation from the 
          operating limits or the emission limitations?
62.14740 What must I include in the deviation report?
62.14745 What else must I report if I have a deviation from the 
          requirement to have a qualified operator accessible?
62.14750 Are there any other notifications or reports that I must 
          submit?
62.14755 In what form can I submit my reports?
62.14760 Can reporting dates be changed?

Air Curtain Incinerators That Burn 100 Percent Wood Wastes, Clean Lumber 
                            and/or Yard Waste

62.14765 What is an air curtain incinerator?
62.14770 When must I achieve final compliance?
62.14795 How do I achieve final compliance?
62.14805 What must I do if I close my air curtain incinerator and then 
          restart it?
62.14810 What must I do if I plan to permanently close my air curtain 
          incinerator and not restart it?
62.14815 What are the emission limitations for air curtain incinerators 
          that burn 100 percent wood wastes, clean lumber and/or yard 
          waste?
62.14820 How must I monitor opacity for air curtain incinerators that 
          burn 100 percent wood wastes, clean lumber and/or yard waste?
62.14825 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn 100 percent wood wastes, clean 
          lumber and/or yard waste?

                          Title V Requirements

62.14830 Does this subpart require me to obtain an operating permit 
          under title V of the Clean Air Act?
62.14835 When must I submit a title V permit application for my existing 
          CISWI unit?

                         Delegation of Authority

62.13838 What authorities are withheld by the EPA Administrator?

                               Definitions

62.14840 What definitions must I know?

                                 Tables

Table 1 to Subpart III of Part 62--Emission Limitations
Table 2 to Subpart III of Part 62--Operating Limits for Wet Scrubbers
Table 3 to Subpart III of Part 62--Toxic Equivalency Factors
Table 4 to Subpart III of Part 62--Summary of Reporting Requirements

    Subpart JJJ_Federal Plan Requirements for Small Municipal Waste 
        Combustion Units Constructed on or Before August 30, 1999

                              Introduction

62.15000 What is the purpose of this subpart?
62.15005 What are the principal components of this subpart?

                      Applicability of this Subpart

62.15010 Is my municipal waste combustion unit covered by this subpart?
62.15015 Can my small municipal waste combustion unit be covered by both 
          a State plan and this subpart?
62.15020 Can my small municipal waste combustion unit be exempt from 
          this subpart?
62.15025 How do I determine if my small municipal waste combustion unit 
          is covered by an approved and effective State or Tribal plan?
62.15030 What are my obligations under this subpart if I reduce my small 
          municipal waste combustion unit's combustion capacity to less 
          than 35 tons per day?
62.15035 Is my small municipal waste combustion unit subject to 
          different requirements based on plant capacity?

             Compliance Schedule and Increments of Progress

62.15040 What are the requirements for meeting increments of progress 
          and achieving final compliance?
62.15045 When must I complete each increment of progress?
62.15050 What must I include in the notifications of achievement of my 
          increments of progress?
62.15055 When must I submit the notifications of achievement of 
          increments of progress?
62.15060 What if I do not meet an increment of progress?
62.15065 How do I comply with the increment of progress for submittal of 
          a final control plan?
62.15070 How do I comply with the increment of progress for awarding 
          contracts?

[[Page 361]]

62.15075 How do I comply with the increment of progress for initiating 
          onsite construction?
62.15080 How do I comply with the increment of progress for completing 
          onsite construction?
62.15085 How do I comply with the increment of progress for achieving 
          final compliance?
62.15090 What must I do if I close my municipal waste combustion unit 
          and then restart my municipal waste combustion unit?
62.15095 What must I do if I plan to permanently close my municipal 
          waste combustion unit and not restart it?

              Good Combustion Practices: Operator Training

62.15100 What types of training must I do?
62.15105 Who must complete the operator training course? By when?
62.15110 Who must complete the plant-specific training course?
62.15115 What plant-specific training must I provide?
62.15120 What information must I include in the plant-specific operating 
          manual?
62.15125 Where must I keep the plant-specific operating manual?

            Good Combustion Practices: Operator Certification

62.15130 What types of operator certification must the chief facility 
          operator and shift supervisor obtain and by when must they 
          obtain it?
62.15135 After the required date for operator certification, who may 
          operate the municipal waste combustion unit?
62.15140 What if all the certified operators must be temporarily 
          offsite?

            Good Combustion Practices: Operating Requirements

62.15145 What are the operating practice requirements for my municipal 
          waste combustion unit?
62.15150 What happens to the operating requirements during periods of 
          startup, shutdown, and malfunction?

                             Emission Limits

62.15155 What pollutants are regulated by this subpart?
62.15160 What emission limits must I meet?
62.15165 What happens to the emission limits during periods of startup, 
          shutdown, and malfunction?

                     Continuous Emission Monitoring

62.15170 What types of continuous emission monitoring must I perform?
62.15175 What continuous emission monitoring systems must I install for 
          gaseous pollutants?
62.15180 How are the data from the continuous emission monitoring 
          systems used?
62.15185 How do I make sure my continuous emission monitoring systems 
          are operating correctly?
62.15190 Am I exempt from any 40 CFR part 60 appendix B or appendix F 
          requirements to evaluate continuous emission monitoring 
          systems?
62.15195 What is my schedule for evaluating continuous emission 
          monitoring systems?
62.15200 What must I do if I choose to monitor carbon dioxide instead of 
          oxygen as a diluent gas?
62.15205 What minimum amount of monitoring data must I collect with my 
          continuous emission monitoring systems and is this requirement 
          enforceable?
62.15210 How do I convert my 1-hour arithmetic averages into appropriate 
          averaging times and units?
62.15215 What is required for my continuous opacity monitoring system 
          and how are the data used?
62.15220 What additional requirements must I meet for the operation of 
          my continuous emission monitoring systems and continuous 
          opacity monitoring system?
62.15225 What must I do if my continuous emission monitoring system is 
          temporarily unavailable to meet the data collection 
          requirements?

                              Stack Testing

62.15230 What types of stack tests must I conduct?
62.15235 How are the stack test data used?
62.15240 What schedule must I follow for the stack testing?
62.15245 What test methods must I use to stack test?
62.15250 May I conduct stack testing less often?
62.15255 May I deviate from the 13-month testing schedule if unforeseen 
          circumstances arise?

                      Other Monitoring Requirements

62.15260 What other requirements must I meet for continuous monitoring?
62.15265 How do I monitor the load of my municipal waste combustion 
          unit?
62.15270 How do I monitor the temperature of flue gases at the inlet of 
          my particulate matter control device?
62.15275 How do I monitor the injection rate of activated carbon?
62.15280 What minimum amount of monitoring data must I collect with my 
          continuous parameter monitoring systems and is this 
          requirement enforceable?

                              Recordkeeping

62.15285 What records must I keep?

[[Page 362]]

62.15290 Where must I keep my records and for how long?
62.15295 What records must I keep for operator training and 
          certification?
62.15300 What records must I keep for stack tests?
62.15305 What records must I keep for continuously monitored pollutants 
          or parameters?
62.15310 What records must I keep for municipal waste combustion units 
          that use activated carbon?

                                Reporting

62.15315 What reports must I submit and in what form?
62.15320 What are the appropriate units of measurement for reporting my 
          data?
62.15325 When must I submit the initial report?
62.15330 What must I include in the initial report?
62.15335 When must I submit the annual report?
62.15340 What must I include in the annual report?
62.15345 What must I do if I am out of compliance with these standards?
62.15350 If a semiannual report is required, when must I submit it?
62.15355 What must I include in the semiannual out-of-compliance 
          reports?
62.15360 Can reporting dates be changed?

        Air Curtain Incinerators that Burn 100 Percent Yard Waste

62.15365 What is an air curtain incinerator?
62.15370 What is yard waste?
62.15375 What are the emission limits for air curtain incinerators that 
          burn 100 percent yard waste?
62.15380 How must I monitor opacity for air curtain incinerators that 
          burn 100 percent yard waste?
62.15385 What are the recordkeeping and reporting requirements for air 
          curtain incinerators that burn 100 percent yard waste?

                                Equations

62.15390 What equations must I use?

                          Title V Requirements

62.15395 Does this subpart require me to obtain an operating permit 
          under title V of the Clean Air Act?
62.15400 When must I submit a title V permit application for my existing 
          small municipal waste combustion unit?

                         Delegation of Authority

62.15405 What authorities are retained by the Administrator?

                               Definitions

62.15410 What definitions must I know?

                                 Tables

Table 1 to Subpart JJJ of Part 62--Generic Compliance Schedules and 
          Increments of Progress
Table 2 to Subpart JJJ of Part 62--Class I Emission Limits For Existing 
          Small Municipal Waste Combustion Units
Table 3 to Subpart JJJ of Part 62--Class I Nitrogen Oxides Emission 
          Limits For Existing Small Municipal Waste Combustion Units
Table 4 to Subpart JJJ of Part 62--Class II Emission Limits For Existing 
          Small Municipal Waste Combustion Units
Table 5 to Subpart JJJ of Part 62--Carbon Monoxide Emission Limits For 
          Existing Small Municipal Waste Combustion Units
Table 6 to Subpart JJJ of Part 62--Requirements for Validating 
          Continuous Emission Monitoring Systems (CEMS)
Table 7 to Subpart JJJ of Part 62--Requirements for Continuous Emission 
          Monitoring Systems (CEMS)
Table 8 to Subpart JJJ of Part 62--Requirements for Stack Tests
Table 9 to Subpart JJJ of Part 62--Site-specific Compliance Schedules 
          and Increments of Progress

Subpart KKK [Reserved]

  Subpart LLL_Federal Plan Requirements for Sewage Sludge Incineration 
             Units Constructed on or Before October 14, 2010

                              Applicability

62.15855 Am I subject to this subpart?
62.15860 What SSI units are exempt from the federal plan?
62.15865 How do I determine if my SSI unit is covered by an approved and 
          effective state or tribal plan?
62.15870 If my SSI unit is not listed on the federal plan inventory, am 
          I exempt from this subpart?

                          Compliance Schedules

62.15875 What is my final compliance date?
62.15880 [Reserved]
62.15885 What must I include in the notifications of achievement of 
          compliance?
62.15890 When must I submit the notifications of achievement of 
          compliance?
62.15895 What if I do not meet the compliance date?
62.15900 How do I comply with the requirement for submittal of a control 
          plan?
62.15905 How do I achieve final compliance?
62.15910 What must I do if I close my SSI unit and then restart it?

[[Page 363]]

62.15915 What must I do if I plan to permanently close my SSI unit and 
          not restart it?

                   Operator Training and Qualification

62.15920 What are the operator training and qualification requirements?
62.15925 When must the operator training course be completed?
62.15930 How do I obtain my operator qualification?
62.15935 How do I maintain my operator qualification?
62.15940 How do I renew my lapsed operator qualification?
62.15945 What if all the qualified operators are temporarily not 
          accessible?
62.15950 What site-specific documentation is required and how often must 
          it be reviewed by qualified operators and plant personnel?

      Emission Limits, Emission Standards and Operating Limits and 
                              Requirements

62.15955 What emission limits and standards must I meet and by when?
62.15960 What operating limits and requirements must I meet and by when?
62.15965 How do I establish operating limits if I do not use a wet 
          scrubber, fabric filter, electrostatic precipitator, activated 
          carbon injection, or afterburner, or if I limit emissions in 
          some other manner, to comply with the emission limits?
62.15970 Do the emission limits, emission standards, and operating 
          limits apply during periods of startup, shutdown, and 
          malfunction?
62.15975 [Reserved]

                     Initial Compliance Requirements

62.15980 How and when do I demonstrate initial compliance with the 
          emission limits and standards?
62.15985 How do I establish my operating limits?
62.15990 By what date must I conduct the initial air pollution control 
          device inspection and make any necessary repairs?
62.15995 How do I develop a site-specific monitoring plan for my 
          continuous monitoring, bag leak detection, and ash handling 
          systems, and by what date must I conduct an initial 
          performance evaluation?

                   Continuous Compliance Requirements

62.16000 How and when do I demonstrate continuous compliance with the 
          emission limits and standards?
62.16005 How do I demonstrate continuous compliance with my operating 
          limits?
62.16010 By what date must I conduct annual air pollution control device 
          inspections and make any necessary repairs?

      Performance Testing, Monitoring, and Calibration Requirements

62.16015 What are the performance testing, monitoring, and calibration 
          requirements for compliance with the emission limits and 
          standards?
62.16020 What are the monitoring and calibration requirements for 
          compliance with my operating limits?

                       Recordkeeping and Reporting

62.16025 What records must I keep?
62.16030 What reports must I submit?

                       Title V--Operating Permits

62.16035 Am I required to apply for and obtain a title V operating 
          permit for my existing SSI unit?
62.16040 When must I submit a title V permit application for my existing 
          SSI unit?

                               Definitions

62.16045 What definitions must I know?

                         Delegation of Authority

62.16050 What authorities will be retained by the EPA Administrator?

Table 1 to Subpart LLL of Part 62--Compliance Schedule for Existing 
          Sewage Sludge Incineration Units
Table 2 to Subpart LLL of Part 62--Emission Limits and Standards for 
          Existing Fluidized Bed Sewage Sludge Incineration Units
Table 3 to Subpart LLL of Part 62--Emission Limits and Standards for 
          Existing Multiple Hearth Sewage Sludge Incineration Units
Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing 
          Sewage Sludge Incineration Units
Table 5 to Subpart LLL of Part 62--Toxic Equivalency Factors
Table 6 to Subpart LLL of Part 62--Summary of Reporting Requirements for 
          Existing Sewage Sludge Incineration Units

    Subpart OOO_Federal Plan Requirements for Municipal Solid Waste 
  Landfills That Commenced Construction On or Before July 17, 2014 and 
       Have Not Been Modified or Reconstructed Since July 17, 2014

62.16710 Scope and delegated authorities.
62.16711 Designated facilities.
62.16712 Compliance schedule and increments of progress.
62.16714 Standards for municipal solid waste landfill emissions.
62.16716 Operational standards for collection and control systems.
62.16718 Test methods and procedures.
62.16720 Compliance provisions.
62.16722 Monitoring of operations.

[[Page 364]]

62.16724 Reporting guidelines.
62.16726 Recordkeeping guidelines.
62.16728 Specifications for active collection systems.
62.16730 Definitions.

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

    Source: 43 FR 51393, Nov. 3, 1978, unless otherwise noted.



                      Subpart A_General Provisions



Sec.  62.01  Definitions.

    As used in this part, all terms not defined herein shall have the 
meaning given to them in the Clean Air Act and in part 60 of this 
chapter.



Sec.  62.02  Introduction.

    (a) This part sets forth the Administrator's approval and 
disapproval of State plans for the control of pollutants and facilities 
under section 111(d), and section 129 as applicable, of the Act, and the 
Administrator's promulgation of such plans or portions of plans thereof. 
Approval of a plan or any portion of a plan is based on a determination 
by the Administrator that it meets the requirements of section 111(d), 
and section 129 as applicable, of the Act and provisions of part 60 of 
this chapter.
    (b)(1) If a State does not submit a complete, approvable plan, the 
Administrator may then promulgate a substitute plan or part of a plan. 
The promulgated provision, plus the approved parts of the State plan, 
constitute the applicable plan for purposes of the act.
    (2) The part 60 subpart A of this chapter general provisions and 
appendices to part 60 apply to part 62, except as follows: 40 CFR 
60.7(a)(1), 60.7(a)(3), and 60.8(a) and where special provisions set 
forth under the applicable subpart of this part shall apply instead of 
any conflicting provisions.
    (c) The Administrator will promulgate substitute provisions for the 
disapproved regulatory provisions only. If a nonregulatory provision is 
disapproved, however, it will be noted in this part and a detailed 
explanation will be sent to the State.
    (d) Section 62.12 provides information on availability of applicable 
plans. The Administrator and state and local agencies shall enforce
    (1) Regulatory provisions of a plan approved or promulgated by the 
Administrator, and
    (2) All permit conditions or denials issued in carrying out the 
approved or promulgated regulations for the review of designated 
facilities.
    (e) Each State's plan is dealt with in a separate subpart, with 
separate headings for different pollutants and facilities. The plans 
shall include an introductory section identifying the plan by name and 
the date of its submittal. Additional sections are included as necessary 
to specifically identify disapproved provisions, to set forth reasons 
for disapproval, and to set forth provisions of the plan promulgated by 
the Administrator. Except as otherwise specified, all supplemental 
information submitted to the Administrator with respect to any plan has 
been submitted by the Governor of the State.
    (f) Revisions to applicable plans will be included in this part when 
approved or promulgated by the Administrator.
    (g) Substitute plans promulgated by the Administrator for States 
that do not have approved plans are contained in separate subparts that 
appear after the subparts for States. These Federal plans include 
sections identifying the applicability of the plan, emission limits, 
compliance schedules, recordkeeping and reporting, performance testing, 
and monitoring requirements.

[43 FR 51393, Nov. 3, 1978, as amended at 63 FR 63201, Nov. 12, 1998; 68 
FR 5158, Jan. 31, 2003; 84 FR 45657, Aug. 30, 2019]



Sec.  62.03  Extensions.

    The Administrator may, whenever he determines necessary, extend the 
period for submission of any plan or plan revision or portion thereof.



Sec.  62.04  Approval status.

    The approval status of each State's plan or portions thereof, are 
set forth in each subpart. All plans are approved unless specifically 
disapproved in the appropriate subpart.



Sec.  62.05  Legal authority.

    (a) The Administrator's determination of the absence or inadequacy 
of legal authority required to be included in the plan is set forth in 
each subpart. This includes the legal authority of

[[Page 365]]

local agencies and State governmental agencies other than an air 
pollution control agency if such other agencies are assigned 
responsibility for carrying out a plan or portion thereof.
    (b) No legal authority as such is promulgated by the Administrator. 
Where required regulatory provisions are not included in the plan by the 
State because of inadequate authority, substitute provisions are 
promulgated by the Administrator.



Sec.  62.06  Negative declarations.

    A State may submit to the Administrator a letter certifying that no 
designated facilities exist in the State if such is the case. The 
negative declaration will be in lieu of a plan.



Sec.  62.07  Emission standards, compliance schedules.

    (a) In each subpart, emission standards and compliance schedules 
which have been disapproved by the Administrator are identified, and 
those promulgated by the Administrator are set forth.
    (b) The Administrator's approval or promulgation of any compliance 
schedule shall not affect the responsibility of the owner or operator to 
comply with any applicable emission limitation on or after the date for 
final compliance specified in the applicable schedule.



Sec.  62.08  Emission inventories and source surveillance.

    (a) Each subpart identifies the plan provisions for source 
surveillance which are disapproved, and sets forth the Administrator's 
promulgation of necessary provisions for requiring designated sources to 
maintain records, make reports, and submit information.
    (b) The Administrator will not promulgate provisions for disapproved 
State or local agency procedures for testing, inspection, investigation, 
or detection. However, detailed critiques of such portions will be 
provided to the State.



Sec.  62.09  Revision of plans by Administrator.

    After notice and opportunity for public hearing in each affected 
State, the Administrator may revise any provision of an applicable plan 
if:
    (a) The provision was promulgated by the Administrator and
    (b) The plan, as revised, will be consistent with the Act and with 
the requirements of part 60, subpart B of this chapter.



Sec.  62.10  Submission to Administrator.

    Except as otherwise provided in Sec.  60.23 of this chapter, all 
requests, reports, applications, submittals, and other communications to 
the Administrator pursuant to this part shall be submitted in duplicate 
and addressed to the appropriate Regional office of the Environmental 
Protection Agency.'' The Regional offices are as follows:

                         Table 1 to Sec.   62.10
------------------------------------------------------------------------
        Region and jurisdiction                      Address
------------------------------------------------------------------------
I--Connecticut, Maine, Massachusetts,    Director, Enforcement and
 New Hampshire, Rhode Island, and         Compliance Assurance Division,
 Vermont.                                 U.S. EPA Region I, 5 Post
                                          Office Square--Suite 100 (04-
                                          2), Boston, MA 02109-3912,
                                          Attn: Air Compliance Clerk.
II--New York, New Jersey, Puerto Rico,   290 Broadway, New York, NY
 Virgin Islands.                          10007-1866.
III--Delaware, District of Columbia,     Air Protection Division, Mail
 Maryland, Pennsylvania, Virginia, West   Code 3AP00, 1650 Arch Street,
 Virginia.                                Philadelphia, PA 19103-1129.
IV--Alabama, Florida, Georgia,           61 Forsyth Street SW, Atlanta,
 Mississippi, Kentucky, North Carolina,   GA 30303-3104.
 South Carolina, Tennessee.
V--Illinois, Indiana, Michigan,          Mail Code A-17J, 77 West
 Minnesota, Ohio, Wisconsin.              Jackson Blvd., Chicago, Il
                                          60604-3590.
VI--Arkansas, Louisiana, New Mexico,     1201 Elm Street, Suite 500,
 Oklahoma, Texas.                         Dallas, TX 75270.
VII--Iowa, Kansas, Missouri, Nebraska..  Air and Waste Management
                                          Division 11201 Renner
                                          Boulevard, Lenexa, Kansas
                                          66219.
VIII--Colorado, Montana, North Dakota,   Director, Air Program, Office
 South Dakota, Utah, Wyoming.             of Partnerships and Regulatory
                                          Assistance, Mail Code 8P-AR,
                                          1595 Wynkoop Street, Denver,
                                          CO 80202-1129.

[[Page 366]]

 
IX--Arizona, California, Hawaii,         75 Hawthorne Street, San
 Nevada, the territories of American      Francisco, CA 94105.
 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.
------------------------------------------------------------------------


[43 FR 51393, Nov. 3, 1978, as amended at 62 FR 1834, Jan. 14, 1997; 68 
FR 35729, June 17, 2003; 73 FR 24871, May 6, 2008; 74 FR 66923, Dec. 17, 
2009; 75 FR 69352, Nov. 12, 2010; 76 FR 49673, Aug. 11, 2011; 78 FR 
37977, June 25, 2013; 84 FR 34069, July 17, 2019; 84 FR 44230, Aug. 23, 
2019; 84 FR 45657, Aug. 30, 2019]



Sec.  62.11  Severability.

    The provisions promulgated in this part and the various applications 
thereof are distinct and severable. If any provision of this part or the 
application thereof to any person or circumstances is held invalid, such 
invalidity shall not affect other provisions or application of such 
provision to other persons or circumstances which can be given effect 
without the invalid provision or application.



Sec.  62.12  Availability of applicable plans.

    Copies of the applicable plans will be available for public 
inspection at the following locations:
    (a) EPA Docket Center, Room 3334, WJC West Building, 1301 
Constitution Avenue NW, Washington, DC.
    (b) The applicable EPA Regional office, at the address listed in 
Sec.  62.10.

[43 FR 51393, Nov. 3, 1978, as amended at 84 FR 45658, Aug. 30, 2019]



Sec.  62.13  Federal plans.

    The Federal plans apply to owners and operators of affected 
facilities that are not covered by an EPA approved and currently 
effective State or Tribal plan. This Federal plan, or portions thereof, 
also applies to each affected facility located in any State or portion 
of Indian country whose approved State or Tribal plan for that area is 
subsequently vacated in whole or in part. Affected facilities are 
defined in each Federal plan.
    (a) The substantive requirements of the municipal waste combustor 
Federal plan are contained in subpart FFF of this part. These 
requirements include emission limits, compliance schedules, testing, 
monitoring, and reporting and recordkeeping requirements.
    (b) The substantive requirements of the municipal solid waste 
landfills Federal plan that implements 40 CFR part 60, subpart Cc of 
this chapter, are contained in subpart GGG of this part. These 
requirements include emission limits, compliance schedules, testing, 
monitoring, and reporting and recordkeeping requirements. After June 21, 
2021, per paragraph (j) of this section, the substantive requirements of 
the municipal solid waste landfills Federal plan are contained in 
subpart OOO of this part and owners and operators of municipal solid 
waste landfills must comply with subpart OOO of this part or a state/
tribal plan implementing 40 CFR part 60, subpart Cf of this chapter, 
instead of subpart GGG of this part.
    (c) The substantive requirements of the hospital/ medical/infectious 
waste incinerator Federal plan are contained in subpart HHH of this 
part. These requirements include emission limits, compliance schedules, 
testing, monitoring and reporting and recordkeeping requirements.
    (d) The substantive requirements of the commercial and industrial 
solid waste incineration units Federal plan are contained in subpart III 
of this part. These requirements include emission limits, compliance 
schedules, testing, monitoring, and reporting and recordkeeping 
requirements.
    (e) The substantive requirements of the small municipal waste 
combustion

[[Page 367]]

unit Federal plan are contained in subpart JJJ of this part. These 
requirements include emission limits, compliance schedules, testing, 
monitoring, and reporting and recordkeeping requirements.
    (f) [Reserved]
    (g) The substantive requirements of the sewage sludge incineration 
units Federal plan are contained in subpart LLL of this part. These 
requirements include emission limits, compliance schedules, testing, 
monitoring, and reporting and recordkeeping requirements.
    (h)-(i) [Reserved]
    (j) The substantive requirements of the municipal solid waste 
landfills Federal plan that implements 40 CFR part 60, subpart Cf of 
this chapter, are contained in subpart OOO of this part. These 
requirements include emission limits, compliance schedules, testing, 
monitoring, and reporting and recordkeeping requirements.

[63 FR 63201, Nov. 12, 1998, as amended at 65 FR 49881, Aug. 15, 2000; 
68 FR 5158, Jan. 31, 2003; 68 FR 57539, Oct. 3, 2003; 86 FR 27769, May 
21, 2021]



                            Subpart B_Alabama

    Source: 48 FR 31402, July 8, 1983, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.100  Identification of plan.

    (a) Identification of plan. Alabama Designated Facility Plan 
(Section (d) Plan).
    (b) The plan was officially submitted as follows. (1) Control of 
sulfuric acid mist emissions from existing sulfuric acid production 
units, submitted on May 18, 1980;
    (2) Control of fluoride emissions from existing phosphate fertilizer 
plants, submitted on April 10, 1978.
    (3) Alabama Department of Environmental Management Plan For the 
Control of Landfill Gas Emissions at Existing Municipal Solid Waste 
Landfills, submitted on January 6, 1998, by the Alabama Department of 
Environmental Management.
    (4) State of Alabama Plan for Implementation of 40 CFR part 60, 
Subpart Cb, For Existing Municipal Waste Combustors, submitted on 
September 11, 1998, by the Alabama Department of Environmental 
Management.
    (5) Alabama Department of Environmental Management Plan for the 
Control of Hospital/Medical/Infectious Waste Incinerators, submitted on 
April 20, 1999, by the Alabama Department of Environmental Management.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants;
    (2) Phosphate fertilizer plants.
    (3) Existing municipal solid waste landfills.
    (4) Existing municipal waste combustors.
    (5) Existing hospital/medical/infectious waste incinerators.

[48 FR 31402, July 8, 1983, as amended at 63 FR 54058, Oct. 8, 1998; 63 
FR 63990, Nov. 18, 1998; 65 FR 18911, Apr. 10, 2000]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.101  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plants:
    (a) Acid plants operated by
    (1) Reichhold Chemical Company in Tuscaloosa,
    (2) Stauffer Chemical Company in Mobile, and
    (3) Estech Chemical in Dothan.
    (b) There are no oleum plants.
    (c) There are not sulfur-burning plants.
    (d) There are no bound sulfur feedstock plants.

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.102  Identification of sources.

    The plan currently does not identify any sources subject to its 
fluoride emission limits.

[[Page 368]]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.103  Identification of sources.

    The plan applies to existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991, that accepted waste at any time since November 8, 1987, or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[63 FR 54058, Oct. 8, 1998]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.104  Identification of sources.

    The plan applies to existing facilities with a municipal waste 
combustor (MWC) unit capacity greater than 250 tons per day of municipal 
solid waste (MSW) at the following MWC sites:
    (a) Solid Waste Disposal Authority of the City of Huntsville MWC, 
Huntsville, Alabama.
    (b) [Reserved]

[63 FR 63990, Nov. 18, 1998]

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators



Sec.  62.105  Identification of sources.

    The plan applies to existing hospital/medical/infectious waste 
incinerators for which construction, reconstruction, or modification was 
commenced before June 20, 1996, as described in 40 CFR part 60, subpart 
Ce.

[65 FR 18911, Apr. 10, 2000]

   Air Emissions From Small Existing Municipal Waste Combustion Units



Sec.  62.106  Identification of plan--negative declaration.

    Letter from the Alabama Department of Environmental Management 
submitted January 11, 2001, certifying that there are no small municipal 
waste combustion units subject to 40 CFR part 60, subpart BBBB.

[67 FR 273, Jan. 3, 2002]



Sec.  62.107  Identification of sources.

    (a) Approval of State Plan for Commercial and Industrial Solid Waste 
Incineration Units. Effective February 10, 2020, EPA approved Alabama's 
State Plan for Commercial and Solid Waste Incineration Units, which is 
codified at Alabama Rule 335-3-3-.05, amended December 8, 2017, and 
which is incorporated by reference. The plan applies to each existing 
commercial and industrial solid waste incineration unit and air curtain 
incineration unit in the State of Alabama that commenced construction on 
or before June 4, 2010, or commenced modification or construction after 
June 4, 2010, but no later than August 7, 2013, as such incineration 
units are defined in 40 CFR 60.2875 and 40 CFR part 60.
    (b) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the material may be inspected or obtained from the EPA Docket 
Center--Public Reading Room, EPA West Building, Room 3334, 1301 
Constitution Avenue NW, Washington, DC 20004 or U.S. EPA, Region 4, Air 
Analysis and Support Branch, 61 Forsyth Street, Atlanta, GA 30303. The 
telephone number for the Public Reading Room is (202) 566-1744. Copies 
may be inspected at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
email [email protected] or go to: www.archives.gov/federal-register/
cfr/ibr-locations.html.
    (2) State of Alabama, Alabama Department of Environmental 
Management. 1400 Coliseum Boulevard, Montgomery, AL 36110, 334-271-7700, 
adem.alabama.gov.
    (i) Administrative Rule 335-3-3-3.05, Incineration of Commercial and 
Industrial Solid Waste (Administrative Code division 335-3, Air 
Division--Air Pollution Control Program), adopted October 20, 2017.

[[Page 369]]

    (ii) [Reserved]

[85 FR 1120, Jan. 9, 2020]



                            Subpart C_Alaska

    Source: 44 FR 76281, Dec. 26, 1979, unless otherwise noted.

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.350  Identification of plan--negative declaration.

    The Alaska Department of Environmental Conservation submitted on 
June 9, 1977, certification that there are no existing phosphate 
fertilizer plants in the State subject to part 60, subpart B of this 
chapter.

                   Acid Mist From Sulfuric Acid Plants



Sec.  62.351  Identification of plan--negative declaration.

    The Alaska Department of Environmental Conservation submitted on 
June 9, 1977, certification that there are no existing sulfuric acid 
plants in the State subject to part 60, subpart B of this chapter.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.352  Identification of plan--negative declaration.

    The Alaska Department of Environmental Conservation submitted on 
June 9, 1977, certification that there are no existing kraft pulp mills 
in the State subject to part 60, subpart B of this chapter.

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.353  Identification of plan--negative declaration.

    The Alaska Department of Environmental Conservation submitted on 
June 9, 1977, certification that there are no existing primary aluminum 
reduction plants in the State subject to part 60, subpart B of this 
chapter.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.354  Identification of plan--negative declaration.

    Letter from the Department of Environmental Conservation submitted 
June 30, 1997 certifying that there are no existing municipal waste 
combustor units in the State of Alaska that are subject to part 60, 
subpart Cb, of this chapter.

[65 FR 33466, May 24, 2000]



                            Subpart D_Arizona

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

    Source: Sections 62.600 through 62.602 appear at 64 FR 50771, Sept. 
20, 1999, unless otherwise noted.



Sec.  62.600  Identification of plan.

    (a) The Arizona Department of Environmental Quality submitted on 
June 17, 1997, and June 29, 1999, the State of Arizona's Section 111(d) 
Plan for Existing Municipal Solid Waste Landfills.
    (b) Control of landfill gas emissions from existing municipal solid 
waste landfills, submitted by the Arizona Department of Environmental 
Quality on July 24, 2018, to implement 40 CFR part 60, subpart Cf. The 
Plan includes the regulatory provisions cited in paragraph (d) of this 
section, which the EPA incorporates by reference.
    (c) After August 27, 2020, the substantive requirements of the 
municipal solid waste landfills state plan are contained in paragraph 
(b) of this section and owners and operators of municipal solid waste 
landfills in Arizona must comply with the requirements in paragraph (b) 
of this section.
    (d)(1) The material incorporated by reference in this section was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies at the EPA Region 
9 office, 75 Hawthorne Street, San Francisco, California 94105, 415-947-
8000 or from the source listed in

[[Page 370]]

this paragraph (d). Copies may be inspected at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of Arizona, Arizona Secretary of State, 1700 W Washington 
St Floor 7, Phoenix, AZ 85007.
    (i) Title 18 Arizona Administrative Code, Title 2. Department of 
Environmental Quality--Air Pollution Control:
    (A) Article 7. Existing Stationary Source Performance Standards R18-
2-731 Standards of Performance for Existing Municipal Solid Waste 
Landfills, effective August 10, 2018.
    (B) Article 9. New Source Performance Standards R18-2-901 Standards 
of Performance for New Stationary Sources, paragraph (80), effective 
August 10, 2018.
    (ii) [Reserved]

[85 FR 45329, July 28, 2020]



Sec.  62.601  Identification of sources.

    (a) The plan applies to all existing municipal solid waste landfills 
for which construction, reconstruction, or modification was commenced 
before May 30, 1991, as described in 40 CFR part 60, subpart Cc.
    (b) The plan in Sec.  62.600(b) applies to all existing municipal 
solid waste landfills under the jurisdiction of the Arizona Department 
of Environmental Quality for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014.

[85 FR 45329, July 28, 2020]



Sec.  62.602  Effective date.

    (a) The effective date of EPA approval of the plan is November 19, 
1999.
    (b) The effective date of the plan submitted on July 24, 2018, by 
the Arizona Department of Environmental Quality for municipal solid 
waste landfills is August 27, 2020.

[85 FR 45329, July 28, 2020]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.620  Identification of plan--negative declaration.

    Letter from the Department of Environmental Quality submitted June 
7, 1996 certifying that there are no existing municipal waste combustor 
units in the State of Arizona that are subject to part 60, subpart Cb, 
of this chapter.

[65 FR 33466, May 24, 2000]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators

    Source: Sections 62.630 through 62.632 appear at 65 FR 38744, June 
22, 2000, unless otherwise noted.



Sec.  62.630  Identification of plan.

    The Arizona Department of Environmental Quality submitted on 
November 16, 1999 the State of Arizona's section 111(d)/129 Plan for 
Existing Hospital/Medical/Infectious Waste Incinerators (HMIWI). The 
submitted plan does not apply to sources located in Pima and Pinal 
counties.



Sec.  62.631  Identification of sources.

    The plan applies to existing HMIWI for which construction was 
commenced on or before June 20, 1996, as described in 40 CFR part 60, 
subpart Ce.



Sec.  62.632  Effective date.

    The effective date of EPA approval of the plan is August 21, 2000.

     Emissions From Small Existing Municipal Waste Combustion Units



Sec.  62.640  Identification of plan--negative declaration.

    Letter from the Arizona Department of Environmental Quality, 
submitted on March 15, 2001, certifying that there are no small 
municipal waste combustion units subject to part 60, subpart BBBB, of 
this chapter.

[66 FR 67098, Dec. 28, 2001]

[[Page 371]]

 Emissions From Existing Commercial/Industrial Solid Waste Incineration 
                                  Units



Sec.  62.650  Identification of plan.

    (a) The Arizona Department of Environmental Quality submitted on 
April 25, 2003, a letter certifying that there are no existing 
commercial/industrial solid waste incineration units within the 
Department's jurisdiction that are subject to 40 CFR part 60, subpart 
DDDD.
    (b) The Maricopa County Environmental Services Department submitted 
on February 4, 2003, a letter certifying that there are no existing 
commercial/industrial solid waste incineration units within the 
Department's jurisdiction that are subject to 40 CFR part 60, subpart 
DDDD.
    (c) The Pima County Air Quality District submitted on February 5, 
2003, a letter certifying that there are no existing commercial/
industrial solid waste incineration units within the District's 
jurisdiction that are subject to 40 CFR part 60, subpart DDDD.
    (d) The Pinal County Air Quality Control District submitted on 
January 24, 2003, a letter certifying that there are no existing 
commercial/industrial solid waste incineration units within the 
District's jurisdiction that are subject to 40 CFR part 60, subpart 
DDDD.

[68 FR 49364, Aug. 18, 2003]

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.660  Identification of plan--negative declaration.

    Letter from the Pima County Department of Environmental Quality, 
submitted on April 14, 2008, certifying that there are no existing other 
solid waste incineration units in its jurisdiction subject to 40 CFR 
part 60, subpart FFFF, of this chapter.

[74 FR 13123, Mar. 26, 2009]



                           Subpart E_Arkansas

    Source: 47 FR 20491, May 12, 1982, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.850  Identification of plan.

    (a) Identification of plan: Arkansas Plan for the Control of 
Designated Pollutants from Existing Plants (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from sulfuric acid plants, and 
fluoride emissions from phosphate fertilizer plants, submitted on July 
11, 1979, having been adopted by the State on May 25, 1979, and letter 
dated August 6, 1981.
    (2) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulp mills submitted by the Governor on February 28, 1983, and 
adopted by the State on January 28, 1983.
    (3) Revisions to the Plan adopted by the Arkansas Commission on 
Pollution Control and Ecology on July 24, 1992, effective August 30, 
1992, and a negative declaration for phosphate fertilizer plants dated 
September 2, 1992, submitted by the Governor on September 14, 1992.
    (4) Revisions to the Plan adopted by the Arkansas Commission on 
Pollution Control and Ecology on May 30, 1997, effective July 1, 1997, 
and submitted by the Governor on August 18, 1997.
    (c) Designated facilities: The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Kraft pulp mills.

[47 FR 20491, May 12, 1982, as amended at 49 FR 35773, Sept. 12, 1984; 
63 FR 11608, Mar. 10, 1998]



Sec.  62.852  [Reserved]

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec.  62.854  Identification of plan--negative declaration.

    On September 24, 1992, the Arkansas Department of Pollution Control 
and Ecology submitted a negative declaration, signed by the Chief of the 
Air Division on September 2, 1992, certifying that there are no existing 
phosphate

[[Page 372]]

fertilizer plants in the State of Arkansas subject to part 60, subpart 
B, of this chapter.

[63 FR 11608, Mar. 10, 1998]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec.  62.855  Identification of sources.

    (a) The plan applies to existing facilities at the following 
existing sulfuric acid plant:
    (1) El Dorado Chemical Company in El Dorado, Arkansas.
    (2) [Reserved]
    (b) [Reserved]

[63 FR 11608, Mar. 10, 1998]

         Emissions From Existing Sewage Sludge Incinerator Units



Sec.  62.856  Identification of sources--negative declaration.

    Letter from the Arkansas Department of Environmental Quality, dated 
May 21, 2012, certifying that there are no known existing sewage sludge 
incineration (SSI) units subject to 40 CFR part 60, subpart MMMM, within 
its jurisdiction.

[80 FR 24222, Apr. 30, 2015]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.865  Identification of sources.

    (a) The plan applies to existing facilities at the following kraft 
pulp mill plants:
    (1) International Paper Company in Camden, Arkansas.
    (2) International Paper Company in Pine Bluff, Arkansas.
    (3) Green Bay Packaging, Arkansas Kraft Division in Morrilton, 
Arkansas.
    (4) Gaylord Container Corporation in Pine Bluff, Arkansas.
    (5) Georgia-Pacific Corporation in Crossett, Arkansas.
    (6) Georgia-Pacific Corporation in Ashdown, Arkansas.
    (7) Potlatch Corporation of McGehee, Arkansas.
    (b) [Reserved]

[49 FR 35773, Sept. 12, 1984, as amended at 63 FR 11608, Mar. 10, 1998]



Sec.  62.866  Compliance schedule.

    The Compliance Schedules were submitted on December 16, 1985, by the 
Governor to control total reduced Sulfur emissions from the seven kraft 
pulp mills identified in Sec.  62.865(a). The schedules specify final 
compliance dates and enforceable increments to be as expeditiously as 
practicable but not more than six years from approval of the state 
regulations; i.e., October 12, 1990.

[51 FR 40803, Nov. 10, 1986]

     Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.867  Identification of plan--negative declaration.

    Letter from the Arkansas Department of Environmental Quality dated 
April 26, 2017, certifying that there are no incinerators subject to the 
commercial and industrial solid waste incineration (CISWI) Emission 
Guidelines, under 40 CFR part 60, subpart DDDD, within its jurisdiction.

[85 FR 72968, Nov. 16, 2020]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators



Sec.  62.868  Identification of plan--negative declaration.

    Letter from the Arkansas Department of Environmental Quality dated 
May 21, 2012, certifying that there are no known existing hospital/
medical/infectious waste incinerator (HMIWI) units subject to 40 CFR 
part 60, subpart Ce, within its jurisdiction.

[86 FR 12110, Mar. 2, 2021]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.875  Identification of plan--negative declaration.

    Letter from the Department of Pollution Control and Ecology 
submitted July 1, 1997 certifying that there are no existing municipal 
waste combustor units in the State of Arkansas that are

[[Page 373]]

subject to part 60, subpart Cb, of this chapter.

[65 FR 33466, May 24, 2000]



                          Subpart F_California

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

    Authority: Sec. 111 of the Clean Air Act, as amended (42 U.S.C. 
7411).

    Source: 47 FR 28100, June 29, 1982, unless otherwise noted.



Sec.  62.1100  Identification of plan.

    (a) State of California Designated Facility Plan (Section 111(d) 
Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of fluoride emissions from existing facilities at 
phosphate fertilizer plants, submitted on February 26 and July 16, 1979 
and April 7, 1980 having been adopted by the Districts on December 1 and 
6, 1979 and January 9, 1979. A letter clarifying the plan was submitted 
on March 27, 1979. Revisions to the plan were submitted on September 23, 
1980 and February 5 and July 6, 1981.
    (2) Control of sulfuric acid mist from existing facilities at 
sulfuric acid production units, submitted on February 26, July 16, and 
September 7, 1979 and April 7, 1980, having been adopted by the 
Districts on December 1 and 6, 1978 and January 9, 1979. Revisions to 
the plan were submitted on October 31, 1980, February 18, and May 1, 
1981.
    (3) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulping mills submitted as follows:
    (i) 9-25-79; submittal of existing rules. (A) Bay Area Air Quality 
Management District (AQMD) Rule 1, Regulation 12--Kraft Pulp Mills.
    (B) Humboldt County Air Pollution Control District Regulation 1; 
Rule 130--Definitions, Rule 240--Permit to Operate, Rule 450--Sulfide 
Emissions from Kraft Pulp Mills.
    (C) Shasta County Air Pollution Control District Rule 3:2--Specific 
Air Contaminants.
    (ii) 3-21-80; Clarification of Bay Area Rule 1, Regulation 12--Kraft 
Pulp Mills.
    (iii) 4-7-80; Summary of district rules and State laws that meet the 
requirements of 40 CFR, parts 60.23-60.26 for Designated Facilities in 
general.
    (iv) 5-29-80; revision of Bay Area AQMD Rule 1, Regulation 12--Kraft 
Pulp Mills.
    (v) 9-5-80; Evidence of public hearing and annual report schedule 
defined for Bay Area Rule 1, Regulation 12--Kraft Pulp Mills.
    (vi) 11-4-81. (A) Humboldt County APCD Rules 130--Definitions; 240--
Permit to Operate; and 450--Kraft Pulp Mills amended (7-28-81).
    (B) Shasta County APCD Rule 3:2--Specific Contaminants amended (8-4-
81).
    (C) A summary of compliance of all districts with the requirements 
set forth in 40 CFR 60.23 through 60.26.
    (D) A list of witnesses appearing at Humboldt and Shasta Counties 
public hearings and a summary of testimonies Statewide emissions 
inventory of all TRS sources in the State.
    (4) [Reserved]
    (5) State of California's Section 111(d) Plan For Existing Municipal 
Solid Waste Landfills, submitted on September 26, 1997, June 26, 1998, 
November 9, 1998, and July 14, 1999 by the California Air Resources 
Board.
    (i) Revision to the State of California's Section 111(d) Plan for 
Existing Municipal Solid Waste Landfills, submitted by the California 
Air Resources Board on December 20, 2000.
    (ii) [Reserved]
    (6) State of California's Section 129/111(d) Plan for Existing Large 
Municipal Waste Combustors, submitted by the California Air Resources 
Board on September 23, 1998, with supplemental materials submitted on 
May 2, 2002.
    (7) State of California's Section 111(d) Plan for Existing Municipal 
Solid Waste Landfills, including 17 CCR 95460-95476 (collectively, 
subarticle 6 entitled ``Methane Emissions from Municipal Solid Waste 
Landfills,'') operative June 17, 2010, submitted on May 30, 2017 by the 
California Air Resources Board to implement 40 CFR part 60, subpart Cf. 
The Plan does not include provisions relating to 40 CFR 60.34f(c), 
60.36f(a)(5), 60.37f(a)(2) and (3), 60.38f(k), and 60.39f(e)(2) and (5). 
The Plan includes the regulatory provisions cited

[[Page 374]]

in paragraph (d) of this section, which the EPA incorporates by 
reference.
    (c) Designated facilities: The plans apply to existing facilities in 
the following categories of sources:
    (1) Existing phosphate fertilizer plants.
    (2) Existing sulfuric acid production units.
    (3) Existing kraft pulp mills.
    (4) [Reserved]
    (5) Existing municipal solid waste landfills.
    (6) Existing large municipal waste combustors.
    (d)(1) The material incorporated by reference in this section was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies of the material 
at the EPA Region 9 office, 75 Hawthorne Street, San Francisco, CA 
94105, 415-947-8000 or from the source listed in paragraph (d) of this 
section. Copies may be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of California, Barclays Official California Code of 
Regulations.
    (i) 17 CCR, Division 3. Air Resources, Chapter 1. Air Resources 
Board, Subchapter 10. Climate Change, Article 4. Regulations to Achieve 
Greenhouse Gas Emission Reductions, Subarticle 6. Methane Emissions from 
Municipal Solid Waste Landfills, sections 95460-95476, operative June 
17, 2010.
    (ii) [Reserved]

[47 FR 28100, June 29, 1982, as amended at 47 FR 47384, Oct. 26, 1982; 
64 FR 51451, Sept. 23, 1999; 66 FR 48356, Sept. 20, 2001; 68 FR 34333, 
June 9, 2003; 85 FR 1123, Jan. 9, 2020]

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec.  62.1101  Identification of sources.

    The plan applies to existing facilities at the following phosphate 
fertilizer plants:
    (a) Occidental Chemical Company in San Joaquin County.
    (b) Simplot Company in Kings County.
    (c) Valley Nitrogen Products, Inc., in Fresno County.

  Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Production 
                                  Units



Sec.  62.1102  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid production units:
    (a) Allied Chemical Corporation in Alameda County.
    (b) Monsanto Company in Alameda County.
    (c) Occidental Chemical Company in Fresno County.
    (d) Stauffer Chemical Company in Alameda County.
    (e) Valley Nitrogen Products, Inc. in Kern County.

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.1103  Identification of plan--negative declaration.

     Total Reduced Sulphur Emissions From Existing Kraft Pulp Mills



Sec.  62.1104  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Louisiana Pacific, Antioch, Contra Costa County Pulp Mill.
    (b) Louisiana Pacific Corp., Samoa Complex.
    (c) Crown Simpson Pulp Company, Fairhaven.
    (d) Simpson Paper Company, Shasta County Pulp Mill.

[47 FR 47385, Oct. 26, 1982]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.1115  Identification of sources.

    (a) The plan in Sec.  62.1100(b)(5) applies to existing municipal 
solid waste landfills for which construction, reconstruction, or 
modification was commenced before May 30, 1991, as described in 40 CFR 
part 60, subpart Cc.
    (b) The plan in Sec.  62.1100(b)(7) applies to existing municipal 
solid waste landfills that commenced construction, modification or 
reconstruction on or before July 17, 2014.

[[Page 375]]

    (1) After February 10, 2020, the substantive requirements of the 
municipal solid waste landfills State plan are contained in paragraph 
(b) of this section and owners and operators of municipal solid waste 
landfills in California must comply with the requirements in paragraph 
(b) of this section.
    (2) The requirements of Sec. Sec.  60.34f(c), 60.36f(a)(5), 
60.37f(a)(2) and (3), 60.38f(k), and 60.39f(e)(2) and (5) of this 
chapter are not met since the plan does not provide for wellhead 
operational standards, wellhead monitoring, corrective action and 
recordkeeping related to temperature. Municipal solid waste landfills 
subject to the plan in Sec.  62.1100(b)(7) must also implement the 
provisions of Sec. Sec.  62.16716(c), 62.16720(a)(4), 62.16722(a)(2) and 
(3), 62.16724(k), and 62.16726(e)(2) and (5).
    (c)(1) The effective date of the plan in Sec.  62.1100(b)(5) by the 
California Air Resources Board for municipal solid waste landfills is 
November 22, 1999.
    (2) The effective date of the plan in Sec.  62.1100(b)(7) by the 
California Air Resources Board for municipal solid waste landfills is 
February 10, 2020.

[85 FR 1123, Jan. 9, 2020, as amended at 86 FR 27769, May 21, 2021]

     Emissions From Small Existing Municipal Waste Combustion Units



Sec.  62.1125  Identification of plan--negative declaration.

    Letter from the California Air Resources Board, submitted on July 
20, 2001, certifying that there are no small municipal waste combustion 
units subject to part 60, subpart BBBB, of this chapter.

[66 FR 67098, Dec. 28, 2001]

     Emissions From Large Existing Municipal Waste Combustion Units



Sec.  62.1130  Identification of sources.

    The plan applies to existing large municipal waste combustors that 
were constructed on or before September 20, 1994, as described in 40 CFR 
part 60, subpart Cb.

[68 FR 34334, June 9, 2003]



                           Subpart G_Colorado

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.1350  Identification of plan.

    Section 111(d) State Plan for Municipal Solid Waste Landfills and 
the associated State regulations contained in the Code of Colorado 
Regulations (CCR) at 5 CCR 1001-8 part A, subpart Cf (incorporated by 
reference, see Sec.  62.1490), submitted by the State on March 23, 2021.

[86 FR 62100, Nov. 9, 2021]



Sec.  62.1351  Identification of sources.

    The plan applies to all existing municipal solid waste landfills 
under the jurisdiction of the Colorado Department of Public Health and 
Environment for which construction, reconstruction, or modification was 
commenced on or before July 17, 2014, and are subject to the 
requirements of 40 CFR part 60, subpart Cf.

[86 FR 62100, Nov. 9, 2021]



Sec.  62.1352  Effective date.

    The effective date of the plan for existing municipal solid waste 
landfills is December 9, 2021.

[86 FR 62100, Nov. 9, 2021]

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

    Source: Sections 62.1360 through 62.1362 appear at 65 FR 38740, June 
22, 2000, unless otherwise noted.



Sec.  62.1360  Identification of plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation in part A of Colorado 
Regulation No. 6, submitted by the State on December 22, 1998 and 
October 4, 1999.



Sec.  62.1361  Identification of sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.

[[Page 376]]



Sec.  62.1362  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is August 21, 
2000.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.1370  Identification of plan--negative declaration.

    Letter from the Colorado Department of Public Health and Environment 
submitted October 13, 2015, certifying that there are no existing large 
municipal waste combustion units within the State of Colorado that are 
subject to part 60, subpart Cb, of this chapter.

[82 FR 44741, Sept. 26, 2017]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators



Sec.  62.1380  Identification of plan.

    111(d) Plan for Commercial and Industrial Solid Waste Incineration 
Units and the associated State regulation as it is incorporated in the 
Code of Colorado Regulations (CCR) under the Colorado Air Quality 
Control Commission's Standards of Performance for New Stationary 
Sources, 5 CCR 1001-8, part A, subpart DDDD. The plan and associated 
regulation were submitted by the State on July 14, 2017.

[83 FR 13113, Mar. 27, 2018]



Sec.  62.1381  Identification of sources.

    The plan applies to each existing commercial and industrial solid 
waste incinerator unit and air curtain incinerator in the State of 
Colorado that commenced construction on or before June 4, 2010, or 
commenced modification or reconstruction after June 4, 2010, but no 
later than August 7, 2013, as such incinerator units are defined in 
Sec.  60.2875 of 40 CFR part 60. The plan applies only to units not 
exempt under the conditions of Sec.  60.2555 of that part.

[83 FR 13113, Mar. 27, 2018]



Sec.  62.1382  Effective date.

    The federally enforceable effective date of the plan for commercial 
and industrial solid waste incinerators is April 26, 2018.

[83 FR 13113, Mar. 27, 2018]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.1390  Identification of plan--negative declaration.

    Letter from Colorado Department of Public Health & Environment 
submitted to EPA on April 3, 2013, certifying that there are no known 
existing sewage sludge incineration units in the State of Colorado.

[80 FR 10610, Feb. 27, 2015]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.1400  Identification of plan--negative declaration.

    Letter from the Colorado Department of Public Health and Environment 
submitted January 8, 2001, certifying that there are no existing small 
municipal waste combustion units within the State of Colorado that are 
subject to part 60, subpart BBBB, of this chapter.

[82 FR 44741, Sept. 26, 2017]

                       Incorporation by Reference



Sec.  62.1490  Incorporation by reference.

    (a) The material incorporated by reference in this subpart was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. All approved material may be inspected 
or obtained from the EPA Region 8 office, 1595 Wynkoop Street, Denver, 
CO 80202-1129, 303-312-6312 or from the other sources listed in this 
section. It may also be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) State of Colorado, Colorado Department of State, 1700 Broadway, 
Suite 550, Denver, CO 80290, (303) 894-

[[Page 377]]

2200, https://www.sos.state.co.us/CCR/NumericalDeptList.do, Code of 
Colorado Regulations (CCR).
    (1) 5 CCR 1001-8, part A, subpart Cf: Department of Public Health 
and Environment--Air Quality Control Commission--Regulation Number 6--
Standards of Performance for New Stationary Sources--5 CCR 1001-8. Part 
A--Federal Register Regulations Adopted by Reference, Subpart Cf--
Emission Guidelines and Compliance Times for Municipal Solid Waste 
Landfills, 40 CFR part 60, subpart Cf (July 1, 2019), as amended March 
26, 2020; effective July 15, 2020; IBR approved for Sec.  62.1350.
    (2) [Reserved]

[86 FR 62100, Nov. 9, 2021]



                          Subpart H_Connecticut

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.1500  Identification of Plan.

    (a) Identification of Plan. Connecticut Plan for the Control of 
Designated Pollutants from Existing Plants (section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Plan for Implementing the Municipal Waste Combustor Guidelines 
and New Source Performance Standards, submitted on October 1, 1999.
    (2) Revisions to Plan for Implementing the Municipal Waste Combustor 
Guidelines and New Source Performance Standards, submitted by the 
Connecticut Department of Environmental Protection on October 15, 2001 
and including Connecticut DEP's revised regulation 22a-174-38. Certain 
provisions of the revised regulation 22a-174-38 submitted with the MWC 
Plan are stricken from the regulatory text. The stricken provisions 
include standards for MWC units constructed after September 20, 1994, 
more stringent mercury emission standards, and shutdown provisions for 
mass burn refractory MWC units.
    (3) Revision to Plan to implement the Large and Small Municipal 
Waste Combustors, submitted on September 16, 2004.
    (4) Revised State Plan for Large and Small Municipal Waste 
Combustors was submitted on October 22, 2008. Revisions included 
amendments to Regulations of Connecticut State Agencies section 22a-174-
38 (Section 38) in response to amended emission guidelines for Large 
MWCs (40 CFR part 60, subpart Cb) published on May 10, 2006 (71 FR 
27324). Certain new provisions of Section 38 (subdivision (12) and (13) 
of subsection (k)) were revised in the state regulation, but not 
submitted for approval in the State Plan.
    (c) The Plan applies to existing sources in the following 
categories:
    (1) Existing municipal waste combustor units greater than 250 tons 
per day.
    (2) Small municipal waste combustors with a design combustion 
capacity of 35 to 250 tons per day of municipal solid waste.

[65 FR 21358, Apr. 21, 2000, as amended at 66 FR 63313, Dec. 6, 2001; 70 
FR 9229, Feb. 25, 2005; 78 FR 21849, Apr. 12, 2013]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxides From Existing 
               Large and Small Municipal Waste Combustors



Sec.  62.1501  Identification of sources.

    (a) The plan applies to the following existing municipal waste 
combustor facilities:
    (1) Bridgeport RESCO in Bridgeport.
    (2) Ogden Martin Systems of Bristol.
    (3) Resource Recovery Systems of Mid-Connecticut in Hartford.
    (4) Riley Energy Systems of Lisbon.
    (5) American Ref-Fuel Company of Southeastern Connecticut in 
Preston.
    (6) Connecticut Resource Recovery Authority/Covanta Projects of 
Wallingford, L.P. in Wallingford.
    (b) [Reserved]

[65 FR 21358, Apr. 21, 2000, as amended at 70 FR 9229, Feb. 25, 2005]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.1600  Identification of plan--negative declaration.

    The State Department of Environmental Protection submitted on 
November 30, 1977, a letter certifying that

[[Page 378]]

there are no existing phosphate fertilizer plants in the state subject 
to part 60, subpart B of this chapter.

[44 FR 54052, Sept. 18, 1979]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec.  62.1625  Identification of plan--negative declaration.

    The State Department of Environmental Protection submitted on 
November 30, 1977, a letter certifying that there are no existing 
sulfuric acid plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept. 18, 1979]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.1650  Identification of plan--negative declaration.

    The State Department of Environmental Protection submitted on 
December 28, 1988, a letter certifying that there are no existing kraft 
pulp mills in the State subject to part 60, subpart B of this chapter.

[54 FR 9046 Mar. 3, 1989]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.1700  Identification of plan--negative declaration.

    The State Department of Environmental Protection submitted on 
December 28, 1988, a letter certifying that there are no existing 
primary aluminum reduction plants in the State subject to part 60, 
subpart B of this chapter.

[54 FR 9046 Mar. 3, 1989]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                           Incineration Units



Sec.  62.1725  Identification of plan--negative declaration

    On January 25, 2013, the State of Connecticut Department of Energy 
and Environmental Protection submitted a letter certifying no Hospital/
Medical/Infectious Waste Incineration units subject to 40 CFR part 60, 
subpart Ce operate within its jurisdiction.

[79 FR 16206, Mar. 25, 2014]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.1750  Identification of plan--negative declaration.

    On September 1, 2015, the State of Connecticut Department of Energy 
and Environmental Protection submitted a letter certifying no Commercial 
and Industrial Solid Waste Incineration units subject to 40 CFR 60, 
subpart DDDD operate within the state's jurisdiction.

[82 FR 25972, June 6, 2017]



                           Subpart I_Delaware

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.1850  Identification of plan--negative declaration.

    The Delaware Department of Natural Resources and Environmental 
Control submitted on November 7, 1977, a letter certifying that there 
are no existing phosphate fertilizer plants in the State subject to part 
60, subpart B of this chapter.

[45 FR 43412, June 27, 1980]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.1875  Identification of plan.

    (a) Title of plan: State implementation plan for control of sulfuric 
acid mist from existing sulfuric acid plants.
    (b) The plan was officially submitted on September 8, 1978 with 
amendments submitted on December 29, 1980.
    (c) Identification of Sources: The plan includes the following 
sulfuric acid plants:
    (1) Allied Chemical Company, Claymont (New Castle County).

[47 FR 10536, Mar. 11, 1982]

[[Page 379]]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.1900  Identification of plan--negative declaration.

    The Delaware Department of Natural Resources and Environmental 
Control submitted on September 8, 1982, a letter certifying that there 
are no kraft pulp mills in the State subject to part 60, subpart B of 
this chapter.

[48 FR 10652, Mar. 14, 1983]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.1925  Identification of plan--negative declaration.

    The Delaware Department of Natural Resources and Environmental 
Control submitted on September 8, 1982, a letter certifying that there 
are no primary aluminum reduction plants in the State subject to part 
60, subpart B of this chapter.

[48 FR 10652, Mar. 14, 1983]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills 
                          (Section 111(d) Plan)

    Source: Sections 62.1950 through 62.1952 appear at 64 FR 50457, 
Sept. 17, 1999, unless otherwise noted.



Sec.  62.1950  Identification of plan.

    (a) Section 111(d) plan for municipal solid waste landfills and the 
associated Delaware Department of Natural Resources, Division of Air and 
Waste Management, Regulation No. 20, Section 28, as submitted on April 
23, 1998, to implement 40 CFR part 60, subpart Cc.
    (b) Control of Emissions from Existing Municipal Solid Waste 
Landfills, including Delaware Administrative Code 1120 (Section 30), 
submitted by the Delaware Department of Natural Resources and 
Environmental Control on October 10, 2017, to implement 40 CFR part 60, 
subpart Cf. The Plan includes the regulatory provisions cited in 
paragraph (d) of this section, which the EPA incorporates by reference.
    (c) After March 23, 2020, the substantive requirements of the 
municipal solid waste landfills state plan are contained in paragraph 
(b) of this section and owners and operators of municipal solid waste 
landfills in Delaware must comply with the requirements in paragraph (b) 
of this section.
    (d)(1) The material incorporated by reference in this section was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. A copy of the material is available at 
the EPA Region III office, 1650 Arch Street, Philadelphia, PA 19103, 
215-814-5000. You may inspect a copy at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of Delaware, Delaware Department of Natural Resources and 
Environmental Control, State of Delaware Administrative Code.
    (i) Title 7 Natural Resources and Environmental Control, 1120 New 
Source Performance Standards, 30.0 Standards of Performance for 
Municipal Solid Waste Landfills After July 11, 2017, dated July 11, 
2017.
    (ii) [Reserved]

[85 FR 9675, Feb. 20, 2020]



Sec.  62.1951  Identification of sources.

    (a) The plan in Sec.  62.1950(a) applies to all Delaware existing 
municipal solid waste landfills for which construction, reconstruction, 
or modification was commenced before May 30, 1991 and that accepted 
waste at any time since November 8, 1987, or that have additional 
capacity available for future waste deposition, as described in 40 CFR 
part 60, subpart Cc.
    (b) The plan in Sec.  62.1950(b) applies to all existing municipal 
solid waste landfills under the jurisdiction of the Delaware Department 
of Natural Resources and Environmental Control for which construction, 
reconstruction, or modification was commenced on or before July 17, 
2014.

[85 FR 9675, Feb. 20, 2020]



Sec.  62.1952  Effective date.

    (a) The effective date of the plan submitted on April 23, 1998 by 
the Delaware Department of Natural Resources

[[Page 380]]

and Environmental Control for municipal solid waste landfills is 
November 16, 1999.
    (b) The effective date of the plan submitted on October 10, 2017 by 
the Delaware Department of Natural Resources and Environmental Control 
for municipal solid waste landfills is March 23, 2020.

[85 FR 9675, Feb. 20, 2020]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.1960  Identification of plan--negative declaration.

    Letter from the Department of Natural Resources and Environmental 
Control submitted March 26, 1996 certifying that there are no existing 
municipal waste combustor units in the State of Delaware that are 
subject to part 60, subpart Cb, of this chapter.

[65 FR 33466, May 24, 2000]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                    (HMIWI) (Section 111(d)/129 Plan)

    Source: Sections 62.1975 through 62.1977 appear at 65 FR 20090, Apr. 
14, 2000, unless otherwise noted.



Sec.  62.1975  Identification of plan--negative declaration.

    (a) Section 111(d)/129 plan for HMIWI and the associated Delaware 
Department of Natural Resources, Division of Air and Waste Management, 
Regulation No. 20, section 29, as submitted on September 17, 1998.
    (b) On June 17, 2010, the Delaware Department of Natural Resources 
and Environmental Control submitted a negative declaration and request 
for withdrawal of EPA's plan approval under paragraph (a) of this 
section.

[43 FR 51393, Nov. 3, 1978, as amended at 75 FR 73969, Nov. 30, 2010]



Sec.  62.1977  Effective date.

    The effective date of the negative declaration and EPA withdrawal of 
the plan approval is January 31, 2011.

[75 FR 73969, Nov. 30, 2010]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.1980  Identification of plan--negative declaration.

    Letter from the Delaware Department of Natural Resources and 
Environmental Control submitted November 16, 2001, certifying that there 
are no existing small municipal waste combustion units within the State 
of Delaware that are subject to 40 CFR part 60, subpart BBBB.

[68 FR 51, Jan. 2, 2003]

 Emissions From Existing Commercial/Industrial Solid Waste Incineration 
                                  Units



Sec.  62.1985  Identification of plan--negative declaration.

    (a) Letter from the Delaware Department of Natural Resources and 
Environmental Control submitted November 16, 2001, certifying that there 
are no existing commercial/industrial solid waste incineration units 
within the State of Delaware that are subject to 40 CFR part 60, subpart 
DDDD.
    (b) Letter from the Delaware Department of Natural Resources and 
Environmental Control submitted January 7, 2014, certifying that there 
are no existing commercial/industrial solid waste incineration units 
within the State of Delaware that are subject to 40 CFR part 60, subpart 
DDDD.

[82 FR 20278, May 1, 2017]

       Emissions From Existing Other Solid Waste Combustion Units



Sec.  62.1990  Identification of plan--negative declaration.

    Letter from the Delaware Department of Natural Resources and 
Environmental Control submitted June 26, 2006, certifying that there are 
no existing other solid waste incinerator units within the State of 
Delaware that are

[[Page 381]]

subject to 40 CFR part 60, subpart FFFF.

[72 FR 37633, July 11, 2007]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.1995  Identification of plan--negative declaration.

    Letter from the Delaware Department of Natural Resources and 
Environmental Control, submitted to EPA on February 7, 2012, certifying 
that there are no known existing sewage sludge incineration units in the 
State of Delaware.

[79 FR 39336, July 10, 2014]



                     Subpart J_District of Columbia

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.2100  Identification of plan--negative declaration.

    The Department of Environmental Services submitted on December 12, 
1977 a letter certifying that there are no existing phosphate fertilizer 
plants in the District subject to part 60, subpart B of this chapter.

[45 FR 43412, June 27, 1980]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec.  62.2101  Identification of plan--negative declaration.

    The Director, Department of Environmental Services submitted on 
March 7, 1978 a letter certifying there are no existing sulfuric acid 
production units in the District subject to part 60, subpart B of this 
chapter.

[46 FR 41783, Aug. 18, 1981]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.2110  Identification of plan--negative declaration.

    The Mayor of the District of Columbia submitted on July 16, 1980 a 
letter certifying there are no existing primary kraft pulp mills in the 
District subject to part 60, subpart B of this chapter.

[46 FR 41783, Aug. 18, 1981]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.2120  Identification of plan--negative declaration.

    The Mayor of the District of Columbia submitted on May 29, 1980 a 
letter certifying there are no existing primary aluminum plants in the 
District subject to part 60, subpart B of this chapter.

[46 FR 41783, Aug. 18, 1981]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.2130  Identification of plan--negative declaration.

    Letter from the Department of Consumer and Regulatory Affairs 
submitted July 6, 1992 certifying that there are no existing municipal 
waste combustor units in the District of Columbia that are subject to 
part 60, subpart Cb, of this chapter.

[65 FR 33466, May 24, 2000]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.2140  Identification of plan--negative declaration.

    Letter from the District of Columbia, Department of Energy and 
Environment, submitted November 15, 2019, certifying that there are no 
existing municipal solid waste landfills in the District of Columbia 
that are subject to 40 CFR part 60, subpart Cf.

[85 FR 74890, Nov. 24, 2020]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.2145  Identification of plan--negative declaration.

    Letter from the District of Columbia Department of Health, 
Environmental Health Administration, submitted November 27, 2001, 
certifying that there are no existing small municipal waste combustion 
units within the District of

[[Page 382]]

Columbia that are subject to 40 CFR part 60, subpart BBBB.

[68 FR 51, Jan. 2, 2003]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerator 
                              (HMIWI) Units



Sec.  62.2150  Identification of plan--negative declaration.

    (a) Letter from the Department of Health, Environmental Health 
Administration, submitted to EPA on June 25, 1999, certifying that there 
are no known existing HMIWI units in the District of Columbia.
    (b) Letter from the District Department of the Environment, 
submitted to EPA on July 26, 2012, certifying that there are no known 
existing HMIWI units in the District of Columbia.

[68 FR 53, Jan. 2, 2003, as amended at 78 FR 40017, July 3, 2013]

 Emissions From Existing Commercial/Industrial Solid Waste Incineration 
                                  Units



Sec.  62.2155  Identification of plan--negative declaration.

    (a) Letter from the District of Columbia Department of Health, 
Environmental Health Administration, submitted November 27, 2001, 
certifying that there are no existing commercial/industrial solid waste 
incineration units within the District of Columbia that are subject to 
40 CFR part 60, subpart DDDD.
    (b) Letter from the District of Columbia, District Department of 
Energy & Environment, submitted November 8, 2013, certifying that there 
are no existing commercial/industrial solid waste incineration units 
within the District of Columbia that are subject to 40 CFR part 60, 
subpart DDDD.

[82 FR 20278, May 1, 2017]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.2160  Identification of plan--negative declaration.

    Letter from the District Department of the Environment, submitted to 
EPA on July 26, 2012, certifying that there are no known existing sewage 
sludge incineration units in the District of Columbia.

[79 FR 39336, July 10, 2014]



                            Subpart K_Florida

    Authority: Secs. 110(a) and 111(d), Clean Air Act (42 U.S.C. 7410(a) 
and 7411(d)).

    Source: 48 FR 31402, July 8, 1983, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.2350  Identification of plan.

    (a) Identification of plan. Florida Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows. (1) Control of 
sulfuric acid mist emissions from existing sulfuric acid production 
units, submitted on December 14, 1978.
    (2) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulp mills and tall oil plants (both new and existing) submitted 
on May 24, 1985, and revision submitted on June 10, 1986, by the Florida 
Department of Environmental Regulation (FDER). No action is taken on 
sections 17-2.600(4)(c)7 and 8.
    (3) The final compliance date to achieve the TRS emission limits for 
the black liquor evaporation system, the batch digester system and the 
continuous digester system for St. Joe Paper Company in Port St. Joe is 
September 14, 1989.
    (4) The final compliance date to achieve TRS emission limits for the 
No. 5 Multiple Effect Evaporation System, batch digester system and 
Kamyr digester system for Container Corporation of America in Fernandina 
Beach, Florida is June 1, 1990.
    (5) Control of metals, acid gases, organic compounds and nitrogen 
oxide emissions from existing municipal waste combustors was submitted 
by the Florida Department of Environmental Protection on November 18, 
1996.
    (6) State of Florida Department of Environmental Protection Section 
111(d) State Plan For Municipal Solid Waste Landfills, submitted on 
October

[[Page 383]]

28, 1998, by the Florida Department of Environmental Protection.
    (7) State of Florida Department of Environmental Protection Section 
111(d) State Plan for Hospital/Medical/Infectious Waste Incinerators, 
submitted on September 16, 1999, by the Florida Department of 
Environmental Protection.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Kraft pulp mills.
    (3) Existing municipal waste combusters.
    (4) Existing municipal solid waste landfills.
    (5) Existing hospital/medical/infectious waste incinerators.

[48 FR 31402, July 8, 1983, as amended at 53 FR 30053, Aug. 10, 1988; 54 
FR 40003, Sept. 29, 1989; 54 FR 48102, Nov. 21, 1989; 62 FR 60787, Nov. 
13, 1997; 64 FR 29964, June 4, 1999; 65 FR 68908, Nov. 15, 2000]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.2351  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plants:
    (a) Acid plants operated by:
    (1) Occidental Petroleum Company in Hamilton County,
    (2) AMAX Phosphate Inc. in Manatee County,
    (3) Conserv Chemical in Nichols,
    (4) Farmland Industry in Bartow County,
    (5) W. R. Grace Company in Polk County,
    (6) Royster Fertilizer in Polk County,
    (7) USS Agrichemicals in Polk County,
    (8) Central Farmers Co-Op in Polk County,
    (9) Agrico Chemical Company in Polk County,
    (10) Gardinier, Inc. in Hillsborough County, and
    (11) ESTECH in Polk County.
    (b) There are no oleum plants.
    (c) There are no sulfur-burning plants.
    (d) There are no bound sulfur feedstock plants.

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.2352  Identification of source--negative declaration.

    The Florida Department of Environmental Regulation submitted on 
April 22, 1985, a letter certifying that there are no existing primary 
aluminum reduction plants in the State subject to part 60, subpart B of 
this chapter.

[50 FR 26204, June 25, 1985]

Total Reduced Sulfur Emissions From Kraft Pulp Mills and Tall Oil Plants



Sec.  62.2353  Identification of sources.

    The plan applies to existing facilities at the following existing 
kraft pulp plants and tall oil plants:
    (a) Alton Packaging Corporation in Jacksonville
    (b) Buckeye Cellulose Corporation in Perry
    (c) Champion International Corporation (Formerly St. Regis Paper 
Company) in Cantonment
    (d) Container Corporation of America in Fernandina Beach
    (e) Georgia-Pacific Corporation in Palatka
    (f) Jacksonville Kraft Paper Company in Jacksonville
    (g) St. Joe Paper Company in Port St. Joe
    (h) Southwest Forest Industries in Panama City
    (i) Arizona Chemical Company (Tall Oil Plant) in Panama City
    (j) Sylvachem Corporation (Tall Oil Plant) in Port St. Joe

[53 FR 30053, Aug. 10, 1988]



Sec.  62.2354  Compliance schedules.

    The State of Florida has provided that the individual source 
compliance schedules would be developed and submitted by the affected 
sources to the State following plan adoption; and that the increments of 
progress pursuant to 40 CFR 60.21(h) would be specified at that time; 
this is an acceptable procedure pursuant to 40 CFR 60.24(e)(2). However, 
the State must submit these schedules to EPA for approval; and these 
schedules must meet the public hearing requirements of 40 CFR 60.23 or

[[Page 384]]

ones deemed equivalent by the Administrator pursuant to 40 CFR 60.23(g).

[53 FR 30053, Aug. 10, 1988]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.2355  Identification of sources.

    (a) The plan applies to existing facilities with a municipal waste 
combustor (MWC) unit capacity greater than 250 tons per day of municipal 
solid waste (MSW), and for which construction, reconstruction, or 
modification was commenced on or before September 20, 1994.
    (b) On July 12, 2007, Florida submitted a revised State plan and 
related Florida Administrative Code amendments as required by 40 CFR 
part 60, subpart Cb, amended on May 10, 2006.
    (c) The plan is effective as of May 31, 2007.

[75 FR 82272, Dec. 30, 2010, as amended at 77 FR 6682, Feb. 9, 2012]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.2360  Identification of sources.

    The plan applies to existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991, that accepted waste at any time since November 8, 1987, or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[64 FR 29964, June 4, 1999]

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators



Sec.  62.2370  Identification of sources.

    (a) The plan applies to existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before December 
1, 2008, or for which modification was commenced on or before April 6, 
2010.
    (b) On December 21, 2010, Florida submitted a revised state plan and 
related Florida Administrative Code amendments as required by 40 CFR 
part 60, subpart Ce, amended on October 6, 2009.

[77 FR 80780, Dec. 27, 2011]

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                 (CISWI) Units (Section 111(d)/129 Plan)



Sec.  62.2380  Identification of sources.

    The Plan applies to existing Commercial and Industrial Solid Waste 
Incineration Units that Commenced Construction On or Before November 30, 
1999.

[68 FR 17885, Apr. 14, 2003]

   Air Emissions From Small Municipal Waste Combustion (SMWC) Units--
                         Section 111(d)/129 Plan



Sec.  62.2390  Identification of sources.

    The Plan applies to existing Small Municipal Waste Combustion Units 
that Commenced Construction On or Before August 30, 1999.

[72 FR 5942, Feb. 8, 2007]

   Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
                         Section 111(d)/129 Plan



Sec.  62.2400  Identification of plan--negative declaration.

    Letter from Florida Department of Environmental Protection submitted 
on January 18, 2007, certifying that there are no Other Solid Waste 
Incinerator units subject to 40 CFR part 60, subpart FFFF in its 
jurisdiction.

[76 FR 22824, Apr. 25, 2011]




                            Subpart L_Georgia

    Authority: Secs. 110(a) and 111(d), Clean Air Act (42 U.S.C. 7410(a) 
and 7411(d)).

    Source: 48 FR 31402, July 8, 1983, unless otherwise noted.

[[Page 385]]

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.2600  Identification of plan.

    (a) Identification of plan. Georgia Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows. (1) Control of 
sulfuric acid mist emissions from existing sulfuric acid production 
units, submitted on January 31, 1978;
    (2) Control of total reduced sulfur emissions from existing 
facilities at kraft pulp mills, submitted on January 8, 1982.
    (3) A compliance schedule for sources subject to the plan for the 
control of total reduced sulfur emissions from existing kraft pulp mills 
and a starting date for such rule, submitted on June 3, 1988.
    (4) State of Georgia Plan for Implementation of 40 CFR Part 60, 
Subpart Cb, For Existing Municipal Waste Combustors, submitted on 
November 13, 1997, by the Georgia Department of Natural Resources.
    (5) State of Georgia Plan for Implementation of 40 CFR Part 60, 
Subpart Cc, For Existing Municipal Solid Waste Landfills, submitted on 
January 20, 1998, by the Georgia Department of Natural Resources.
    (6) State of Georgia Plan for Implementation of 40 CFR Part 60, 
Subpart Ce, for Hospital/Medical/Infectious Waste Incinerators 
Constructed on or Before June 20, 1996, submitted on September 15, 1998, 
by the Georgia Department of Natural Resources.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants;
    (2) Kraft pulp mills.
    (3) Existing municipal waste combustors.
    (4) Existing municipal solid waste landfills.
    (5) Existing hospital/medical/infectious waste incinerators.

[48 FR 31402, July 9, 1983, as amended at 63 FR 27496, May 19, 1998; 63 
FR 63416, Nov. 13, 1998; 65 FR 10024, Feb. 25, 2000]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.2601  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plants:
    (a) Sulfur-burning plants operated by:
    (1) American Cyanamid Company in Savannah, and
    (2) Cities Service Company in Augusta.
    (b) Oleum plant of Cities Service Company in Augusta.
    (c) There are no bound sulfur feedstock plants.

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.2602  Identification of sources--negative declaration.

    The Georgia Environmental Protection Division submitted on July 14, 
1977, a letter certifying that there are no existing phosphate 
fertilizer plants in the State subject to part 60, subpart B, of this 
chapter.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.2603  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Continental Can in Augusta,
    (b) Continental Can in Port Wentworth,
    (c) Brunswick in Brunswick,
    (d) Georgia Kraft in Rome,
    (e) Georgia Kraft in Macon,
    (f) Gilman in St. Marys,
    (g) Great Southern in Cedar Springs,
    (h) Interstate in Riceboro,
    (i) ITT Rayonier in Jesup,
    (j) Owens-Illinois in Valdosta, and
    (k) Union Camp in Savannah.



Sec.  62.2604  [Reserved]

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec.  62.2605  Identification of sources--negative declaration.

    The Georgia Environmental Protection Division submitted a letter on 
October 19, 1983, certifying that there are

[[Page 386]]

no existing primary aluminum reduction plants in the State of Georgia 
subject to 40 CFR part 60, subpart B, of this chapter.

[49 FR 3855, Jan. 31, 1984]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.2606  Identification of sources.

    The plan applies to existing facilities with a municipal waste 
combustor (MWC) unit capacity greater than 250 tons per day of municipal 
solid waste (MSW) at the following MWC sites:
    (1) Savannah Energy Systems Company, Savannah, Georgia.
    (2) [Reserved]

[63 FR 27496, May 19, 1998]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.2607  Identification of sources.

    The plan applies to existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991, that accepted waste at any time since November 8, 1987, or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[63 FR 63416, Nov. 13, 1998]

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators



Sec.  62.2608  Identification of sources.

    The plan applies to existing hospital/medical/infectious waste 
incinerators for which construction, reconstruction, or modification was 
commenced before June 20, 1996, as described in 40 CFR Part 60, Subpart 
Ce.

[65 FR 10024, Feb. 25, 2000]

   Air Emissions From Small Existing Municipal Waste Combustion Units



Sec.  62.2609  Identification of plan--negative declaration.

    Letter from the Georgia Department of Natural Resources submitted 
December 13, 2001, certifying that there are no small municipal waste 
combustion units subject to 40 CFR part 60, subpart BBBB.

[67 FR 273, Jan. 3, 2002]



                            Subpart M_Hawaii

     Emissions From Small Existing Municipal Waste Combustion Units



Sec.  62.2850  Identification of plan--negative declaration.

    Letter from the State of Hawaii Department of Health, submitted on 
March 13, 2001, certifying that there are no small municipal waste 
combustion units subject to part 60, subpart BBBB, of this chapter.

[66 FR 67098, Dec. 28, 2001]



                             Subpart N_Idaho

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.3100  Identification of plan--negative declaration.

    The State of Idaho Department of Health and Welfare submitted on 
February 23, 1981, certification that there are no existing primary 
aluminum plants in the State subject to part 60, subpart B of this 
chapter.

[47 FR 47250, Oct. 25, 1982]

 Metals, Acid Gases, Organic Compounds, Particulates and Nitrogen Oxide 
 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators



Sec.  62.3110  Identification of plan.

    (a) The Idaho Division of Environmental Quality submitted to the 
Environmental Protection Agency a State Plan for the control of air 
emissions from Hospital/Medical/Infectious Waste Incinerators on 
December 16, 1999.
    (b) Identification of Sources: The Idaho State Plan applies to all 
existing

[[Page 387]]

HMIWI facilities for which construction was commenced on or before June 
20, 1996, as described in 40 CFR part 60, subpart Ce. (This plan does 
not apply to facilities on tribal lands).
    (c) The effective date for the portion of the plan applicable to 
existing Hospital/Medical/Infectious Waste Incinerators is June 20, 
2000.

[65 FR 21361, Apr. 21, 2000]

    Control of Non-Methane Organic Compounds Emissions From Existing 
                     Municipal Solid Waste Landfills



Sec.  62.3120  Identification of plan.

    (a) The Idaho Division of Environmental Quality submitted to the 
Environmental Protection Agency a State Plan for the control of air 
emissions from Municipal Solid Waste Landfills on December 16, 1999.
    (b) Identification of Sources: The Idaho State Plan applies to all 
existing Municipal Solid Waste Landfills which commenced construction, 
reconstruction, or modification before May 30, 1991, as described in 40 
CFR part 60, subpart Cc. (This plan does not apply to facilities on 
tribal lands).
    (c) The effective date for the portion of the plan applicable to 
existing Municipal Solid Waste Landfills is May 30, 2000.

[65 FR 16323, Mar. 28, 2000]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.3130  Identification of plan--negative declaration.

    Letter from the Department of Health and Welfare submitted October 
28, 1996 certifying that there are no existing municipal waste combustor 
units in the State of Idaho that are subject to part 60, subpart Cb, of 
this chapter.

[65 FR 33466, May 24, 2000]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.3140  Identification of plan--negative declaration.

    Letter from the Idaho Department of Environmental Quality, submitted 
on March 11, 2013, certifying that there are no existing sewage sludge 
incineration units subject to 40 CFR part 60, subpart MMMM operating 
within its jurisdiction.

[80 FR 5485, Feb. 2, 2015]

 Emissions From Existing Commercial Industrial Solid Waste Incinerators



Sec.  62.3150  Identification of plan--negative declaration.

    Letter from the Idaho Department of Environmental Quality, submitted 
on April 14, 2014, certifying that there are no existing commercial 
industrial solid waste incineration units subject to 40 CFR part 60, 
subpart DDDD operating within its jurisdiction.

[80 FR 5485, Feb. 2, 2015]



                           Subpart O_Illinois

  Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Production 
                                 Plants



Sec.  62.3300  Identification of plan.

    (a) Title of Plan: ``Illinois Plan for the Control of Sulfuric Acid 
Mist from Existing Contract Process Sulfuric Acid Plants.''
    (b) The plan was officially submitted on August 10, 1978.
    (c) Identification of sources: The plan includes the following 
sulfuric acid production plants:
    (1) Beker Industries in LaSalle County.
    (2) U.S.I. Chemical Company in Douglas County.
    (3) Mobil Chemical Company in Bureau County.
    (4) Swift Chemical Company in Cook County.
    (5) American Cyanamid Company in Will County.
    (6) Amax Zinc Company in St. Clair County.
    (7) Monsanto Company in St. Clair County.

[[Page 388]]

    (8) Smith Douglas--Division of Border Chemical in Livingston County.

[46 FR 57896, Nov. 27, 1981]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.3325  Identification of plan--negative declaration.

    The Illinois Environmental Protection Agency submitted on July 23, 
1979, a letter certifying that there are no existing kraft pulp mills in 
the State subject to part 60, subpart B of this chapter.

[46 FR 57896 Nov. 27, 1981]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.3330  Identification of plan.

    The Illinois Plan for implementing the Federal Municipal Solid Waste 
Landfill Emission Guidelines to control air emissions from existing 
landfills in the State was submitted on July 21, 1998. The Illinois 
rules for Municipal Solid Waste Landfills are primarily found in Title 
35: Environmental Protection; Subtitle B: Air Pollution; Chapter I: 
Pollution Control Board; Subchapter C: Emission Standards and 
Limitations for Stationary Sources; Part 220: Nonmethane Organic 
Compounds of the Illinois Administrative Code (35 IAC). Part 220 was 
adopted by the IPCB on June 17, 1998 and filed in the principal office 
on that day. Part 220 was published in the Illinois Register on July 10, 
1998 at 22 Ill. Reg. 11790 and became effective on July 31, 1998. As 
part of the same rulemaking action, the IPCB amended 35 IAC Part 201: 
Permits and General Provisions; Subpart A: Definitions; Section 201.103 
(a) by adding the following abbreviations: Mg = megagrams, M(3) = cubic 
meters, NMOC = nonmethane organic compounds, and yr = year. In Section 
201.103 (b) the conversion factor for 1000 gal was changed from 3.785 
cubic meters to 3.785 M(3). In Subpart C: Prohibitions, Section 201.146 
was amended by adding paragraph (ggg) which states that municipal solid 
waste landfills with a maximum total design capacity of less than 2.5 
million Mg or 2.5 million M(3) are not required to install a gas 
collection and control system pursuant to 35 Ill. Adm. Code 220 or 800 
through 849 or Section 9.1 of the [Illinois Environmental Protection] 
Act. These amendments were published in the Illinois Register on July 
10, 1998 at 22 Ill. Reg. 11824 and became effective on July 31, 1998.

[63 FR 64632, Nov. 23, 1998]



Sec.  62.3331  Identification of sources.

    The plan applies to all existing municipal solid waste landfills for 
which construction, reconstruction or modification was commenced before 
May 30, 1991 that accepted waste at any time since November 8, 1987 or 
that have additional capacity available for future waste deposition, as 
consistent with 40 CFR part 60.

[63 FR 64632, Nov. 23, 1998]



Sec.  62.3332  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is January 22, 1999.

[63 FR 64632, Nov. 23, 1998]

Emissions From Small Municipal Waste Combustion Units With the Capacity 
To Combust at Least 35 Tons Per Day of Municipal Solid Waste but no More 
      Than 250 Tons Per Day of Municipal Solid Waste and Commenced 
                Construction on or Before August 30, 1999



Sec.  62.3335  Identification of plan--negative declaration.

    On June 25, 2001, the State of Illinois certified to the 
satisfaction of the United States Environmental Protection Agency that 
no major sources categorized as small Municipal Waste Combustors are 
located in the State of Illinois.

[66 FR 59713, Nov. 30, 2001]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
        Existing Hospital / Medical Infectious Waste Incinerators

    Source: Sections 62.3340 through 62.3342 appear at 64 FR 36605, July 
7, 1999, unless otherwise noted.

[[Page 389]]



Sec.  62.3340  Identification of plan.

    Illinois submitted, on November 8, 2011 and supplemented on December 
28, 2011, a revised State Plan for implementing the Emission Guidelines 
affecting Hospital/Medical Infectious Waste Incinerators (HMIWI). The 
enforceable mechanism for this revised State plan is 35 Ill. Adm. Code 
Part 229. This rule was adopted by the Illinois Pollution Control Board 
on September 22, 2011 and became effective on September 30, 2011.

[77 FR 24405, Apr. 24, 2012]



Sec.  62.3341  Identification of sources.

    The Illinois State Plan for existing Hospital/Medical/Infectious 
Waste Incinerators (HMIWI) applies to all HMIWIs for which:
    (a) Construction commenced either on or before June 20, 1996 or 
modification was commenced either on or before March 16, 1998; or
    (b) Construction commenced either after June 20, 1996, but no later 
than December 1, 2008, or for which modification is commenced after 
March 16, 1998, but no later than April 6, 2010.

[77 FR 24405, Apr. 24, 2012]



Sec.  62.3342  Effective date.

    The Federal effective date of the Illinois State Plan for existing 
Hospital/Medical/Infectious Waste Incinerators is June 25, 2012.

[77 FR 24405, Apr. 24, 2012]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors with the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.3350  Identification of plan--negative declaration.

    (a) Illinois submitted ``State Plan to Implement Emission Guidelines 
for Large Municipal Waste Combustors'' on June 23, 1997. The plan 
applies specifically to Robbins Resource Recovery Center (RRRC), located 
in Robbins, Illinois. The enforceable mechanism for this source is 
special condition 18(c) of operating permit number 88120055, issued to 
RRRC by Illinois on June 2, 1997.
    (b) On February 1, 2012, the Illinois Environmental Protection 
Agency submitted a negative declaration that there are no large 
municipal waste combustors in the State of Illinois subject to part 60, 
subpart Cb emission guidelines and requested withdrawal of its State 
Plan for LMWC units approved under paragraph (a) of this section.

[62 FR 67572, Dec. 29, 1997, as amended at 77 FR 32024, May 31, 2012]



Sec.  62.3351  Effective date.

    The Federal effective date of the negative declaration and 
withdrawal of Illinois' State Plan for LMWC units is July 30, 2012.

[77 FR 32024, May 31, 2012]



                            Subpart P_Indiana

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.3600  Identification of plan--negative declaration.

    The State Board of Health submitted on April 18, 1977, a letter 
certifying that there are no existing phosphate fertilizer plants in the 
State subject to part 60, subpart B of this chapter.

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.3625  Identification of plan.

    (a) Title of plan. ``Fluoride Emission Limitations for Existing 
Primary Aluminum Plants.''
    (b) The plan was officially submitted on January 7, 1981 by the 
Technical Secretary of the Indiana Air Pollution Control Board.
    (c) The State on July 17, 1981, submitted Alcoa methods 4075A, 
4076A, 913A, 914E and 914F as alternate test methods.
    (d) On October 17, 2002, and January 22, 2003, the State notified 
EPA that it is revising the control strategy for this plan. Rule 326 IAC 
11-5 is removed as the control strategy for this plan and the Federal 
NESHAP for controlling fluoride emissions from primary aluminum 
reduction plants promulgated

[[Page 390]]

on October 7, 1997 (62 FR 52384), and codified at 40 CFR part 63, 
subpart LL is the revised control strategy for this plan.

[46 FR 57896, Nov. 27, 1981, as amended at 46 FR 57897, Nov. 27, 1981; 
68 FR 11474, Mar. 11, 2003]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills

    Source: Sections 62.3630 through 62.3631 appear at 65 FR 16327, Mar. 
28, 2000, unless otherwise noted.



Sec.  62.3630  Identification of plan.

    ``Section 111(d) Plan for Municipal Solid Waste Landfills'' and the 
associated State regulations found in Title 326: Air Pollution Control 
Board of the Indiana Administrative Code (IAC), Article 8. Volatile 
Organic Compound Rules, Rule 8. Municipal Solid Waste Landfills Located 
in Clark, Floyd, Lake and Porter Counties and Rule 8.1. Municipal Solid 
Waste Landfills Not Located in Clark, Floyd, Lake and Porter Counties 
added at 21 Indiana Register 31, filed with the Secretary of State 
September 8, 1997, effective October 8, 1997, submitted by the State to 
EPA on September 30, 1999. Also included in this plan are rules 
submitted to EPA on November 21, 1995 and February 14, 1996: Title 326 
IAC Article 8. Volatile Organic Compound Rules, Rule 8. Municipal Solid 
Waste Landfills adopted at 19 Indiana Register 1050, filed with the 
Secretary of State December 19, 1995, effective January 18, 1996.



Sec.  62.3631  Identification of sources.

    The plan applies to all existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991 that accepted waste at any time since November 8, 1987 or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.



Sec.  62.3632  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is May 30, 2000.

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
         Existing Hospital/Medical Infectious Waste Incinerators

    Source: Sections 62.3640 through 62.3642 appear at 64 FR 70599, Dec. 
17, 1999, unless otherwise noted.



Sec.  62.3640  Identification of plan.

    On December 14, 2011, Indiana submitted a revised State Plan for 
implementing the revised emission guidelines for Hospital/Medical/
Infectious Waste Incinerators (HMIWI). The enforceable mechanism for 
this revised State Plan is a State rule codified in 326 Indiana 
Administrative Code (IAC) 11-6. The rule was adopted on August 3, 2011, 
and became effective on October 28, 2011. A typographical correction was 
submitted to the Indiana Air Pollution Control Board and accepted on 
December 6, 2011 and became effective on January 20, 2012.

[77 FR 24407, Apr. 24, 2012]



Sec.  62.3641  Identification of sources.

    The Indiana State Plan for existing Hospital/Medical/Infectious 
Waste Incinerators (HMIWI) applies to all HMIWIs for which construction 
commenced on
    (a) On or before June 20, 1996 or for which modification was 
commenced on or before March 1998; or
    (b) After June 20, 1996, but no later than December 1, 2008, or for 
which modification is commenced after March 16, 1998, but no later than 
April 6, 2010.

[77 FR 24407, Apr. 24, 2012]



Sec.  62.3642  Effective Date.

    The Federal effective date of the Indiana State Plan for existing 
Hospital/Medical/Infectious Waste Incinerators is June 25, 2012.

[77 FR 24407, Apr. 24, 2012]

[[Page 391]]

Emissions From Small Municipal Waste Combustion Units With the Capacity 
To Combust at Least 35 Tons Per Day of Municipal Solid Waste but No More 
      Than 250 Tons Per Day of Municipal Solid Waste and Commenced 
                Construction on or Before August 30, 1999



Sec.  62.3645  Identification of plan--negative declaration.

    On November 7, 2001, and December 3, 2001, the State of Indiana 
certified to the satisfaction of the United States Environmental 
Protection Agency that no sources categorized as small Municipal Waste 
Combustors are located in the State of Indiana.

[67 FR 10622, Mar. 8, 2002]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.3650  Identification of plan.

    (a) On September 30, 1999, Indiana submitted the State plan for 
implementing the Federal Large Municipal Waste Combustor (MWC) Emission 
Guidelines to control emissions from existing MWCs with the capacity to 
combust greater than 250 tons per day of municipal solid waste. The 
enforceable mechanism for this plan is a State rule codified in 326 
Indiana Administrative Code (IAC) 11-7. The rule was adopted on 
September 2, 1998, filed with the Secretary of State on January 18, 
1999, and became effective on February 17, 1999. The rule was published 
in the Indiana Register on March 1, 1999 (22 IR 1967).
    (b) On August 24, 2007 (with corrections submitted on July 29, 
2008), Indiana submitted a revised State plan as required by Sections 
129(a)(5) and 129(b)(2) of the Act. The revised (Phase II) State plan 
implements amendments to 40 CFR part 60, subpart Cb published in the 
Federal Register on May 10, 2006. The Phase II State plan includes an 
amendment to State Rule 326 IAC 11-7 that was adopted by Indiana on 
February 7, 2007.

[73 FR 56982, Oct. 1, 2008]



Sec.  62.3651  Identification of sources.

    The plan applies to all existing MWCs with the capacity to combust 
greater than 250 tons per day of municipal solid waste, and for which 
construction, reconstruction, or modification was commenced on or before 
September 20, 1994, as consistent with 40 CFR Part 60, subpart Cb.

[73 FR 56983, Oct. 1, 2008]



Sec.  62.3652  Effective date.

    The effective date of Phase I of the approval of the Indiana State 
plan for MWCs with the capacity to combust greater than 250 tons per day 
of municipal solid waste was January 18, 2000.
    Phase II of the State plan revision is effective December 1, 2008.

[73 FR 56983, Oct. 1, 2008]

 Control of Air Emissions From Existing Commercial and Industrial Solid 
                         Waste Incinerator Units



Sec.  62.3660  Identification of plan--negative declaration.

    On July 31, 2017, the Indiana Department of Environmental Management 
submitted a negative declaration letter to EPA certifying that there are 
no existing Commercial and Industrial Solid Waste Incineration (CISWI) 
units in the State of Indiana subject to the emissions guidelines at 40 
CFR part 60, subpart DDDD.

[84 FR 3714, Feb. 13, 2019]

        Control of Air Emissions From Sewage Sludge Incinerators



Sec.  62.3670  Identification of plan--negative declaration.

    On July 31, 2017, the Indiana Department of Environmental Management 
submitted a negative declaration letter to EPA certifying that there are 
no existing Sewage Sludge Incineration (SSI) units in the State of 
Indiana subject to the emissions guidelines at 40 CFR part 60, subpart 
MMMM.

[84 FR 3714, Feb. 13, 2019]

[[Page 392]]



Sec.  62.3671-62.3672  [Reserved]

  Control of Air Emissions From Existing Other Solid Waste Incinerator 
                                  Units



Sec.  62.3680  Identification of plan.

    On November 27, 2007, Indiana submitted the State Plan for 
implementing the Other Solid Waste Incineration Units (OSWI). The 
enforceable mechanism for this State Plan is a State rule codified in 
326 Indiana Administrative Code (IAC) 11-9. The rule was adopted on 
February 7, 2007, and became effective on August 9, 2007.

[80 FR 10359, Feb. 26, 2015]



Sec.  62.3681  Identification of sources.

    The Indiana State Plan for existing Other Solid Waste Incineration 
(OSWI) units applies to all OSWI units as defined in Sec.  60.3078 for 
which construction commenced on or before December 9, 2004 to comply 
with this subpart.

[80 FR 10359, Feb. 26, 2015]



Sec.  62.3682  Effective date.

    The Federal effective date of the Indiana State Plan for existing 
Sewage Sludge Incinerators is April 27, 2015.

[80 FR 10359, Feb. 26, 2015]



                             Subpart Q_Iowa

    Source: 50 FR 52921, Dec. 27, 1985, unless otherwise noted.

           Standards of Performance for New Stationary Sources



Sec.  62.3840  Standards of Performance for New Stationary Sources.

    Rule 567-23.1(5), Emission guidelines, which adopts by reference 40 
CFR part 60, subpart A and appendices A-C, and F, as amended through 
July 23, 2001, is approved.

[68 FR 40533, July 8, 2003]

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.3850  Identification of plan.

    (a) Identification of plan. Iowa Plan for Control of Designated 
Pollutants from Existing Facilities (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from existing facilities at 
sulfuric acid production plants, effective on June 16, 1971, having been 
submitted by the State on February 23, 1978. Additional information was 
provided in letters of February 7, 1983; May 13, 1985; and June 12, 
1985.
    (2) Control of fluoride emissions from existing facilities at 
phosphate fertilizer plants, effective on August 29, 1979, having been 
submitted by the State on October 19, 1979. Additional information was 
provided in letters of February 7, 1983; May 13, 1985; and June 12, 
1985.
    (3) Control of sulfur dioxide and sulfuric acid mist from sulfuric 
acid manufacturing plants in Polk County were adopted on October 26, 
1993, and submitted on March 23, 1994.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid production plants.
    (2) Phosphate fertilizer plants.

[50 FR 52921, Dec. 27, 1985, as amended at 60 FR 31092, June 13, 1995]

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants



Sec.  62.3851  Identification of sources.

    (a) The plan applies to existing facilities at the following 
sulfuric acid production plants:
    (1) Agrico Chemical Company, Fort Madison, Iowa
    (2) Koch Sulfur Products Company, Dubuque, Iowa

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec.  62.3852  Identification of sources.

    (a) The plan applies to existing facilities at the following 
phosphate fertilizer plants:
    (1) Agrico Chemical Company, Fort Madison, Iowa.
    (2) Chevron Chemical Company, Fort Madison, Iowa.
    (3) Occidental Chemical Company, Buffalo, Iowa.

[[Page 393]]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.3853  Identification of plan--negative declaration.

    Letter from Executive Director of Iowa Department of Environmental 
Quality submitted on February 7, 1983, certifying that there are no 
kraft pulp mills in the State of Iowa subject to part 60, subpart B of 
this chapter.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec.  62.3854  Identification of plan--negative declaration.

    Letter from the Iowa Department of Water, Air and Waste Management 
submitted on May 13, 1985, certifying that there are no primary aluminum 
reduction plants in the State of Iowa subject to part 60, subpart B of 
this chapter.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.3910  Identification of plan--negative declaration.

    Letter from Executive Director of Iowa Department of Environmental 
Quality submitted on February 7, 1983, certifying that there are no 
kraft pulp mills in the State of Iowa, subject to part 60, subpart B of 
this chapter.

[49 FR 43058, Oct. 26, 1984]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.3911  Identification of plan--negative declaration.

    Letter from the Administrator of the Environmental Protection 
Division of the Department of Natural Resources submitted June 4, 1991, 
certifying that there are no existing municipal waste combustors in the 
state of Iowa subject to this 111(d) requirement.

[56 FR 56321, Nov. 4, 1991]

Emissions from Existing Municipal Waste Combustors With the Capacity To 
     Burn Greater than 35 Megagrams Per Day of Municipal Solid Waste



Sec.  62.3912  Identification of plan-negative declaration.

    Letter from the Iowa Department of Natural Resources submitted 
December 27, 1996, certifying that there are no municipal waste 
combustors in the state of Iowa subject to part 60, subpart Cb of this 
chapter.

[62 FR 41873, Aug. 4, 1997]

       Air Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.3913  Identification of plan.

    (a) Identification of plan. Iowa plan for control of landfill gas 
emissions from existing municipal solid waste landfills and associated 
state regulations submitted on December 22, 1997.
    (b) Identification of sources. The plan applies to all existing 
municipal solid waste landfills for which construction, reconstruction, 
or modification was commenced before May 30, 1991, that accepted waste 
at any time since November 8, 1987, or that have additional capacity 
available for future waste deposition, and have design capacities 
greater than 2.5 million megagrams and nonmethane organic emissions 
greater than 50 megagrams per year, as described in 40 CFR part 60, 
subpart Cc.
    (c) Effective date. The effective date of the plan for municipal 
solid waste landfills is June 22, 1998.
    (d) Amended plan, submitted September 19, 2001. Clarifying revisions 
to the plan with regard to design capacity reports for control of air 
emissions from municipal solid waste landfills submitted by the Iowa 
Department of Natural Resources on September 19, 2001. The amended plan 
was effective February 11, 2002.
    (e) Amended plan, submitted April 13, 2017. Grammatical revision to 
the plan for the control of air emissions from municipal solid waste 
landfills submitted by the Iowa Department of Natural Resources, on 
April 13, 2017. The state effective date of the revision was

[[Page 394]]

March 22, 2017. The effective date of the amended plan is August 7, 
2018.

[63 FR 20103, Apr. 23, 1998, as amended at 66 FR 64154, Dec. 12, 2001; 
83 FR 26604, June 8, 2018]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators



Sec.  62.3914  Identification of plan--negative declaration.

    (a) Identification of plan--negative declaration. Letter from the 
Iowa Department of Natural Resources, submitted March 1, 2011, 
certifying that there are no Hospital Medical Infectious Waste 
Incinerators subject to 40 CFR part 60, subpart Ce of this chapter. 
Submission included a negative declaration, supporting state 
documentation, and request for EPA withdrawal of EPA's prior plan 
approval for HMIWI Units.
    (b) Effective date. The effective date of the negative declaration 
and EPA withdrawal of the prior plan approval is December 24, 2013.

[78 FR 63892, Oct. 25, 2013]

   Air Emissions from Small Existing Municipal Waste combustion Units



Sec.  62.3915  Identification of plan--negative declaration.

    Letter from the Iowa Department of Natural Resources submitted March 
21, 2001, certifying that there are no small municipal waste combustion 
units subject to 40 CFR part 60, subpart BBBB.

[66 FR 46961, Sept. 10, 2001]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.3916  Identification of Plan.

    (a) Identification of plan. The Iowa Department of Natural Resources 
approved this revision to the 567 Iowa Administrative Code, 
23.1(5)(455B) to the State of Iowa section 111(d) plan for the purpose 
of adopting by reference subpart III of 40 CFR part 62, the commercial 
and industrial solid waste incineration rule, which became effective on 
April 21, 2004. For purposes of this adoption by reference, references 
that refer to EPA's authority will be IDNR's authority except for Sec.  
62.14838, ``What authorities are withheld by the EPA Administrator?'' 
This revision was submitted on June 29, 2004.
    (b) Identification of sources. The plan applies to all applicable 
existing Commercial and Industrial Solid Waste Incineration Units for 
which construction commenced on or before November 30, 1999.
    (c) Effective date. The effective date of the plan is October 25, 
2004.

[69 FR 51958, Aug. 24, 2004]

  Air Emissions From Existing ``Other'' Solid Waste Incineration Units



Sec.  62.3917  Identification of plan--negative declaration.

    Letter from the Iowa Department of Natural Resources submitted March 
8, 2007, certifying that there are no commercial and industrial solid 
waste incineration units subject to 40 CFR part 60, subpart EEEE.

[72 FR 25979, May 8, 2007]

    Mercury Emissions From Coal-Fired Electric Steam Generating Units



Sec.  62.3918  Identification of plan.

    (a) Identification of plan. Section 111(d) plan and associated State 
regulations as adopted in the Iowa Administrative Bulletin on June 7, 
2006, page 1811 and associated amendments on February 28, 2007, page 
1157.
    (b) Identification of sources. The plan applies to all new and 
existing mercury budget units meeting the applicability requirements in 
Iowa's State rule 567-34.301.
    (c) Effective date. The effective date for the portion of the plan 
applicable to mercury budget units as described in Iowa State rule 567-
34.301 is January 25, 2008.

[72 FR 72955, Dec. 26, 2007]



                            Subpart R_Kansas

    Source: 49 FR 7234, Feb. 28, 1984, unless otherwise noted.

[[Page 395]]

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec.  62.4100  Identification of plan--negative declaration.

    Letter from the Director of the Department of Health and Environment 
submitted on August 2, 1978, certifying that there are no phosphate 
fertilizer manufacturing facilities in the State of Kansas.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.4125  Identification of plan--negative declaration.

    Letter from the Director of the Department of Health and Environment 
submitted on July 17, 1979, certifying that there are no kraft pulp 
mills in the State of Kansas.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec.  62.4150  Identification of plan--negative declaration.

    Letter from the Director, Division of Environment, Kansas Department 
of Health and Environments submitted on May 23, 1984, certifying that 
there are no primary aluminum reduction plants on the State of Kansas, 
subject to part 60, subpart B of this chapter.

[49 FR 43058, Oct. 26, 1984]

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants



Sec.  62.4175  Identification of plan.

    (a) Identification of plan. State of Kansas Implementation Plan for 
Control of Sulfuric Acid Mist from Existing Sulfuric Acid Plants.
    (b) The Plan was officially submitted on February 6, 1986.
    (c) Identification of sources. The Plan applies to existing 
facilities at the following existing sulfuric acid plant:
    (1) Koch Sulfur Products, DeSoto, Kansas.

[51 FR 37275, Oct. 21, 1986]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.4176  Identification of plan--negative declaration.

    Letter from the Director of the Bureau of Air and Waste Management 
of the Department of Health and Environment submitted July 3, 1991, 
certifying that there are no existing municipal waste combustors in the 
state of Kansas subject to this 111(d) requirement.

[56 FR 56321, Nov. 4, 1991]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
     Burn Greater than 35 Megagrams Per Day of Municipal Solid Waste



Sec.  62.4177  Identification of plan--negative declaration.

    Letter from the Kansas Department of Health submitted April 26, 
1996, certifying that there are no municipal waste combustors in the 
state of Kansas subject to part 60, subpart Cb of this chapter.

[62 FR 41874, Aug. 4, 1997]

       Air Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.4178  Identification of plan.

    (a) Identification of plan. Kansas plan for control of landfill gas 
emissions from existing municipal solid waste landfills and associated 
state regulations submitted on December 1, 1997.
    (b) Identification of sources. The plan applies to all existing 
municipal solid waste landfills for which construction, reconstruction, 
or modification was commenced before May 30, 1991, that accepted waste 
at any time since November 8, 1987, or that have additional capacity 
available for future waste deposition, and have design capacities 
greater than 2.5 million megagrams and nonmethane organic emissions 
greater than 50 megagrams per year, as described in 40 CFR part 60, 
subpart Cc.

[[Page 396]]

    (c) Effective date. The effective date of the plan for municipal 
solid waste landfills is May 19, 1998.

[63 FR 13532, Mar. 20, 1998]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators



Sec.  62.4179  Identification of plan.

    (a) Identification of plan. Kansas plan for the control of air 
emissions from hospital/medical/infectious waste incinerators submitted 
by the Kansas Department of Health and Environment on May 4, 2000.
    (b) Identification of sources. The plan applies to existing 
hospital/medical/infectious waste incinerators constructed on or before 
June 20, 1996.
    (c) Effective date. The effective date of the plan is September 12, 
2000.
    (d) Amended plan for the control of air emissions from hospital/
medical/infectious waste incinerators submitted by the Kansas Department 
of Health and Environment on October 25, 2001. This plan revision 
establishes a final compliance date of September 15, 2002, for two 
incinerators in Johnson and Wyandotte Counties, Kansas. The effective 
date of the amended plan is February 19, 2002.

[65 FR 43704, July 14, 2000, as amended at 66 FR 65450, Dec. 19, 2001]

   Air Emissions from Small Existing Municipal Waste Combustion Units



Sec.  62.4180  Identification of plan--negative declaration.

    Letter from the Kansas Department of Health and Environment 
submitted February 13, 2001, certifying that there are no small 
municipal waste combustion units subject to 40 CFR part 60, subpart 
BBBB.

[66 FR 46961, Sept. 10, 2001]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.4181  Identification of plan--negative declaration.

    Letter from the Kansas Department of Health and Environment 
submitted November 16, 2001, certifying that there are no commercial and 
industrial solid waste incineration units subject to 40 CFR part 60, 
subpart DDDD.

[67 FR 4181, Jan. 29, 2002]

  Air Emissions From Existing ``Other'' Solid Waste Incineration Units



Sec.  62.4182  Identification of plan--negative declaration.

    Letter from the Kansas Department of Health and Environment 
submitted December 7, 2006, certifying that there are no ``other'' solid 
waste incineration units subject to 40 CFR part 60, subpart EEEE.

[72 FR 25980, May 8, 2007]

      Air Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.4183  Identification of plan--negative declaration.

    Letter from the Kansas Department of Health and Environment 
submitted April 30, 2018, certifying that there are no sewage sludge 
incineration units subject to 40 CFR part 60, subpart MMMM.

]84 FR 8263, Mar. 7, 2019]



                           Subpart S_Kentucky

    Source: 47 FR 22956, May 26, 1982, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.4350  Identification of plan.

    (a) Identification of plan. Kentucky Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist emissions from existing facilities 
at sulfuric acid plants, total reduced sulfur emissions from existing 
facilities at kraft pulp mills, fluoride emissions from existing 
facilities at primary aluminum reduction plants, officially submitted on 
December 15, 1981.
    (2) Commonwealth of Kentucky's Section 111(d) Plan For Existing 
Municipal Solid Waste Landfills, submitted on December 3, 1998, by the 
Kentucky Division for Air Quality.

[[Page 397]]

    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Kraft pulp mills.
    (3) Primary aluminum reduction plants.
    (4) Existing municipal solid waste landfills.

[47 FR 22956, May 26, 1982, as amended at 64 FR 19293, Apr. 20, 1999]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.4351  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plant: E.I. du Pont sulfuric acid plant in Wurtland, Ky.

           Total Reduced Sulfur From Existing Kraft Pulp Mills



Sec.  62.4352  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Westvaco Corp., Fine Papers Division, Wickliffe, Ky.
    (b) Willamette Industries, Corrugated Medium Mill and Bleached Pulp 
Mill, Hawesville, Kentucky.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec.  62.4353  Identification of sources.

    The plan applies to existing facilities at the following primary 
aluminum reduction plants:
    (a) National Southwire Aluminum, Hawesville, Ky.
    (b) Anaconda Company, Aluminum Division, Henderson, Ky.

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.4354  Identification of plan--negative declaration.

    The Kentucky Department for Natural Resources and Environmental 
Protection certified in a letter dated August 25, 1978, that Kentucky 
has no designated facilities in this source category.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.4355  Identification of sources.

    The plan applies to existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991, that accepted waste at any time since November 8, 1987, or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[64 FR 19293, Apr. 20, 1999]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.4370  Identification of plan--negative declaration.

    (a) Letter from the Department for Environmental Protection 
submitted December 18, 1996 certifying that there are no existing 
municipal waste combustor units in the State of Kentucky that are 
subject to part 60, subpart Cb, of this chapter.
    (b) Letter from Louisville, Kentucky, Air Pollution Control District 
submitted on February 11, 2010, certifying that there are no Large 
Municipal Waste Combustor units subject to 40 CFR part 60, subpart Cb in 
its jurisdiction.

[65 FR 33466, May 24, 2000, as amended at 76 FR 22824, Apr. 25, 2011]

   Air Emissions From Small Existing Municipal Waste Combustion Units



Sec.  62.4371  Identification of plan--negative declaration.

    (a) Letter from the Kentucky Department for Environmental Protection 
submitted March 5, 2001, certifying that there are no small municipal 
waste combustion units subject to 40 CFR part 60, subpart BBBB.
    (b) Letter from Louisville, Kentucky, Air Pollution Control District 
submitted on February 11, 2010, certifying that there are no Small 
Municipal Waste Combustion units subject to 40

[[Page 398]]

CFR part 60, subpart BBBB in its jurisdiction.

[67 FR 273, Jan. 3, 2002, as amended at 76 FR 22824, Apr. 25, 2011]

 Air Emissions From Commercial and Industrail Solid Waste Inceneration 
                                  Units



Sec.  62.4372  Identification of plan--negative declaration.

    Letters from the Commonwealth of Kentucky Department for 
Environmental Protection, and from the Jefferson County, Kentucky, Air 
Pollution Control District were submitted on March 5, 2001, and April 
21, 2003, certifying that there are no Commercial and Industrial Solid 
Waste Incineration units subject to 40 CFR part 60, subpart DDDD.

[68 FR 48320, Aug. 14, 2003]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
              Incinerators (HMIWI)--Section 111(d)/129 Plan



Sec.  62.4373  Identification of plan--negative declaration.

    Letter from Jefferson County Air Pollution Control District, KY, 
submitted on September 29, 1998, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60, 
subpart Ce in its jurisdiction.

[74 FR 27721, June 11, 2009]



Sec.  62.4374  Identification of plan--negative declaration.

    Letter from Kentucky Division of Air Quality submitted on Dec. 1, 
2000, certifying that there are no Hospital/Medical/Infectious Waste 
Incinerator units subject to 40 CFR part 60, subpart Ce in its 
jurisdiction.

[74 FR 27720, June 11, 2009]

   Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
                         Section 111(d)/129 Plan



Sec.  62.4375  Identification of plan--negative declaration.

    Letter from Louisville, Kentucky, Air Pollution Control District 
submitted on February 11, 2010, certifying that there are no Other Solid 
Waste Incinerator units subject to 40 CFR part 60, subpart FFFF in its 
jurisdiction.

[76 FR 22824, Apr. 25, 2011]



                           Subpart T_Louisiana

    Source: 44 FR 54053, Sept. 18, 1979, unless otherwise noted.

   Plan for Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.4620  Identification of plan.

    (a) Identification of plan. Louisiana Plan for Control of Designated 
Pollutants from Existing Facilities (111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from sulfuric acid plants, and 
fluoride emissions from existing facilities at phosphate fertilizer 
plants, submitted on July 18, 1978, having been adopted by the State 
November 30, 1977, and letter dated February 16, 1982.
    (2) Control of fluoride emissions from existing facilities at 
primary aluminum plants, submitted on January 12, 1981, having been 
adopted by the State on December 11, 1980.
    (3) Control of total reduced sulfur from existing facilities at 
kraft pulp mill plants, submitted in December 1979, having been adopted 
November 27, 1979, and letter dated February 16, 1982.
    (4) Control of landfill gas emissions from existing municipal solid 
waste landfills, submitted on December 9, 1996 (LAC 33.III.3003.B, Table 
2), and revised on December 20, 1998 (LAC 33.III.3003.C.4).
    (5) [Reserved]
    (6) Control of air emissions from existing commercial and industrial 
solid waste incineration units, submitted by the Louisiana Department of 
Environmental Quality on February 18, 2003 (LAC 33:III.3003.B.6).
    (7) Control of mercury emissions from coal-fired electric steam 
generating units and coal-fired electric generating units as defined in 
40 CFR 60.24(h)(8): Clean Air Act Section 111(d) Plan for Coal-Fired 
Electrical Steam Generating Units, submitted by the

[[Page 399]]

Louisiana Department of Environmental Quality on October 25, 2006 (LAC 
33:III.3003.A).
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Phosphate fertilizer plants.
    (3) Primary aluminum plants.
    (4) Kraft pulp mills.
    (5) Municipal solid waste landfills.
    (6) [Reserved]
    (7) Commercial and industrial solid waste incineration units.
    (8) Coal-fired electric steam generating units and coal-fired 
electric generating units as defined in 40 CFR 60.24(h)(8).

[47 FR 20491, May 12, 1982, as amended at 62 FR 45732, Aug. 29, 1997; 64 
FR 32433, June 17, 1999; 69 FR 9953, Mar. 3, 2004; 72 FR 46164, Aug. 17, 
2007; 86 FR 12110, Mar. 2, 2021]



Sec.  62.4621  Emission standards and compliance schedules.

    (a) The requirements of Sec.  60.24(b)(2) of this chapter are not 
met since the test methods and procedures for determining compliance 
with the sulfuric acid mist emission standards are not specified.
    (b) Emissions from sulfuric acid plants must be measured by the 
methods in appendix A to part 60, or by equivalent or alternative 
methods as defined in Sec.  60.2 (t) and (u) respectively.



Sec.  62.4622  Emission inventories, source surveillance, reports.

    (a) The requirements of Sec.  60.25(a) of this chapter are not met 
since the emission inventories do not provide information as specified 
in appendix D to part 60.
    (b) The requirements of Sec.  60.25(c) of this chapter are not met 
since the plan does not provide for the disclosure of emission data, as 
correlated with applicable emission standards, to the general public.
    (c) Regulation for public availability of emission data. (1) Any 
person who cannot obtain emission data from the agency responsible for 
making emission data available to the public, as specified in the 
applicable plan, concerning emissions from any source subject to 
emission limitations which are part of the approved plan may request 
that the appropriate Regional Administrator obtain and make public such 
data. Within 30 days after receipt of any such written request, the 
Regional Administrator shall require the owner or operator of any such 
source to submit information within 30 days on the nature and amounts of 
emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the applicable plan.
    (2) Commencing after the initial notification by the Regional 
Administrator pursuant to paragraph (c)(1) of this section, the owner or 
operator of the source shall maintain records of the nature and amounts 
of emissions from such source and any other information as may be deemed 
necessary by the Regional Administrator to determine whether such source 
is in compliance with applicable emission limitations or other control 
measures that are part of the plan. The information recorded shall be 
summarized and reported to the Regional Administrator, on forms 
furnished by the Regional Administrator, and shall be submitted within 
45 days after the end of the reporting period. Reporting periods are 
January 1-June 30 and July 1-December 31.
    (3) Information recorded by the owner or operator and copies of this 
summarizing report submitted to the Regional Administrator shall be 
retained by the owner or operator for 2 years after the date on which 
the pertinent report is submitted.
    (4) Emission data obtained from owners or operators of stationary 
sources will be correlated with applicable emission limitations and 
other control measures that are part of the applicable plan and will be 
available at the appropriate regional office and at other locations in 
the State designated by the Regional Administrator.



Sec.  62.4623  Legal authority.

    (a) The requirements of Sec.  60.26(a) of this chapter are not met 
since the plan does not provide adequate legal authority for the State 
to make emission data, as correlated with applicable

[[Page 400]]

emissions standards, available to the general public.

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.4624  Identification of sources.

    Identification of sources: The plan includes the following sulfuric 
acid plants:
    (1) Agrico Chemical Company in St. James Parish.
    (2) Allied Chemical Corporation in Ascension and Iberville Parishes.
    (3) Beker Industries in St. Charles Parish.
    (4) Cities Services Oil Company in Calcasieu Parish.
    (5) E. I. du Pont de Nemours & Company, Inc. in Ascension Parish.
    (6) Freeport Chemical Company in St. James Parish.
    (7) Freeport Chemical Company in Plaquemines Parish.
    (8) Olin Corporation in Caddo Parish.
    (9) Stauffer Chemical Company in East Baton Rouge Parish.

[44 FR 54053, Sept. 18, 1979. Redesignated at 47 FR 20491, May 12, 1982]

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec.  62.4625  Identification of sources.

    (a) The Plan applies to existing facilities at the following 
phosphate fertilizer plants:
    (1) Agrico Chemical Company at Donaldsville, Louisiana.
    (2) Allied Chemical Corporation at Geismar, Louisiana.
    (3) Beker Industries at Taft, Louisiana.
    (4) Freeport Chemical at Uncle Sam, Louisiana.
    (5) Monsanto at Luling, Louisiana.

[47 FR 20491, May 12, 1982]



Sec.  62.4626  Effective date.

    (a) The effective date of the portion of the plan applicable to 
phosphate fertilizer plants is July 12, 1982.

[47 FR 20491, May 12, 1982]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.4627  Identification of sources.

    The plan applies to existing facilities at the following primary 
aluminum plants:
    (1) The Kaiser Plant at Chalmette, Louisiana.
    (2) The CONALCO Plant at Lake Charles, Louisiana.

[47 FR 20492, May 12, 1982]



Sec.  62.4628  Effective date.

    The effective date of this portion of the State's plan is July 12, 
1982.

[47 FR 20492, May 12, 1982]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.4629  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mill plants:
    (1) Boise at DeRidder, La.
    (2) Boise at Elizabeth, La.
    (3) Continental at Hodge, La.
    (4) Crown-Zellerbach at Bogalusa, La.
    (5) Crown-Zellerbach at St. Francisville, La.
    (6) Georgia-Pacific at Port Hudson, La.
    (7) International Paper at Bastrop, La.
    (8) Olinkraft at West Monroe, La.
    (9) Pineville Kraft at Pineville, La.
    (10) Western Kraft at Compte, La.

[47 FR 20493, May 12, 1982]



Sec.  62.4630  Effective date.

    The effective date of the portion of the plan applicable to kraft 
pulp mills is July 12, 1982.

[47 FR 20493, May 12, 1982]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.4631  Identification of Sources.

    The plan applies to all existing municipal solid waste landfills 
with design capacities greater than 2.5 million megagrams and non-
methane organic emissions greater than 50 megagrams

[[Page 401]]

per year as described in 40 CFR part 60, subpart Cc.

[62 FR 54591, Oct. 21, 1997]



Sec.  62.4632  Effective Date.

    The effective date of the portion of the plan applicable to existing 
municipal solid waste landfills is October 28, 1997.

[62 FR 54591, Oct. 21, 1997]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators



Sec.  62.4633  Identification of plan--negative declaration.

    Letter from the Louisiana Department of Environmental Quality dated 
June 25, 2012, certifying that there are no known existing hospital/
medical/infectious waste incinerator (HMIWI) units subject to 40 CFR 
part 60, subpart Ce, within its jurisdiction.

[86 FR 12110, Mar. 2, 2021]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.4650  Identification of plan--negative declaration.

    Letter From the Department of Environmental Quality submitted May 
21, 1996 certifying that there are no existing municipal waste combustor 
units in the State of Louisiana that are subject to part 60, subpart Cb, 
of this chapter.

[65 FR 33466, May 24, 2000]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.4660  Identification of sources--negative declaration.

    Letter from the Louisiana Department of Environmental Quality dated 
December 20, 2002, certifying that there are no existing small municipal 
waste combustion units in the State of Louisiana subject to 40 CFR part 
60, subpart BBBB.

[68 FR 35302, June 13, 2003]

    Existing Commercial and Industrial Solid Waste Incineration Units

    Source: 69 FR 9954, Mar. 3, 2004, unless otherwise noted.



Sec.  62.4670  Identification of sources.

    The plan applies to the following existing commercial and industrial 
solid waste incineration units:
    (a) BASF Corporation, Geismar, Louisiana.
    (b) DSM Copolymer, Baton Rouge, Louisiana.
    (c) LA Skid & Pallet Co., Baton Rouge, Louisiana.
    (d) Shell Chemicals, Norco, Louisiana.



Sec.  62.4671  Effective date.

    The effective date of this portion of the State's plan applicable to 
existing commercial and industrial solid waste incineration units is May 
3, 2004.

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.4675  Identification of plan--negative declaration.

    Letter from the Louisiana Department of Environmental Quality dated 
November 24, 2020, certifying that there are no incinerators subject to 
the Other Solid Waste Incineration units (OSWI) Emission Guidelines, at 
40 CFR part 60, subpart FFFF, within its jurisdiction in the State of 
Louisiana.

[86 FR 22876, Apr. 30, 2021]

    MERCURY EMISSIONS FROM COAL-FIRED ELECTRIC STEAM GENERATING UNITS



Sec.  62.4680  Identification of sources.

    The plan applies to Coal-fired electric steam generating units and 
coal-fired electric generating units as defined in 40 CFR 60.24(h)(8) 
including the following existing coal-fired electric generating units:
    (a) Big Cajun 2 (Unit 1) at New Roads, LA.
    (b) Big Cajun 2 (Unit 2) at New Roads, LA.
    (c) Big Cajun 2 (Unit 3) at New Roads, LA.
    (d) Rodemacher (Unit 2) at Lena, LA.

[[Page 402]]

    (e) R.S. Nelson (Unit 6) at Westlake, LA.
    (f) Dolet Hills at Mansfield, LA.

[72 FR 46164, Aug. 17, 2007]



Sec.  62.4681  Effective date.

    The effective date for the portion of the plan applicable to mercury 
budget units at coal-fired electric steam generating units and coal-
fired electric generating units as defined in 40 CFR 60.24(h)(8) is 
effective October 16, 2007.

[72 FR 46164, Aug. 17, 2007]



                             Subpart U_Maine

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.4845  Identification of plan.

    (a) Identification of plan. Maine Plan for the Control of Designated 
Pollutants from Existing Plants (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist emissions from existing sulfuric 
acid production units, submitted on November 10, 1988.
    (2) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulp mills, submitted on February 15, 1990.
    (3) A revision to the plan to control TRS from existing kraft pulp 
mills, which extends the final compliance date for brown stock washers 
to January 1, 1997, was submitted on April 27, 1994.
    (4) Control of metals, acid gases, organic compounds and nitrogen 
oxide emissions from existing municipal waste combustors, submitted on 
April 15, 1998.
    (5) A revision to the plan controlling TRS from existing kraft pulp 
mills to incorporate the pulp and paper maximum achievable control 
technology (MACT) requirements that impact TRS emission sources such as 
brownstock washer systems, low volume high concentration (LVHC) systems, 
steam strippers, and waste water treatment plants. Changes have also 
been made to clarify venting allowances and recordkeeping and reporting 
requirements.
    (6) A revision to the plan controlling TRS from existing kraft pulp 
mills which extends the final compliance date for brownstock washers to 
April 17, 2007, was submitted on June 23, 2004.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Kraft pulp mills.
    (3) Existing municipal waste combustors.

[54 FR 22896, May 30, 1989, as amended at 55 FR 38548, Sept. 19, 1990; 
59 FR 50507, Oct. 4, 1994; 63 FR 68397, Dec. 11, 1998; 68 FR 23211, May 
1, 2003; 70 FR 22268, Apr. 29, 2005]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.4875  Identification of sources--negative declaration.

    The State Department of Environmental Protection submitted on 
October 3, 1988, a letter certifying that there are no existing primary 
aluminum reduction plants in the State subject to part 60, subpart B of 
this chapter.

[54 FR 9046 Mar. 3, 1989]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.4900  Identification of sources.

    The plan applies to the following existing sulfuric acid plants:
    (a) Delta Chemical in Searsport, Maine.

[54 FR 22896, May 30, 1989]

           Total Reduced Sulfur from Existing Kraft Pulp Mills



Sec.  62.4925  Identification of sources.

    (a) The plan applies to the following existing kraft pulp mills:
    (1) International Paper Company in Jay.
    (2) S.D. Warren Company in Westbrook.
    (3) Boise Cascade in Rumford.
    (4) James River Corporation in Old Town.
    (5) Georgia-Pacific Corporation in Woodland.

[[Page 403]]

    (6) Lincoln Pulp and Paper Company in Lincoln.

[55 FR 38548, Sept. 19, 1990]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.4950  Identification of plan--negative declaration.

    The State Department of Environmental Protection submitted on April 
19, 1978, a letter certifying that there are no existing phosphate 
fertilizer plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept. 18, 1979. Redesignated at 54 FR 22896, May 30, 1989]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.4975  Identification of sources.

    The plan applies to the following existing municipal waste combustor 
facilities:
    (a) Penobscot Energy Recovery Company, Orrington, Maine.
    (b) Maine Energy Recovery Company, Biddeford, Maine.
    (c) Regional Waste Systems, Inc., Portland, Maine.

[63 FR 68397, Dec. 11, 1998]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.4980  Identification of Plan--negative declaration.

    On January 24, 2002, the Maine Department of Environmental 
Protection submitted a letter certifying that there are no existing 
commercial and industrial solid waste incineration units in the state 
subject to the emission guidelines under part 60, subpart DDDD of this 
chapter.

[67 FR 39629, June 10, 2002]

      Air Emissions From Existing Hopital/Medical Infectious Waste 
                              Incinerators.



Sec.  62.4985  Identification of Plan--negative declaration.

    On May 2, 2005, the Maine Department of Environmental Protection 
submitted a letter certifying that there are no existing hospital/
medical/infectious waste incinerators in the state subject to the 
emission guidelines under part 60, subpart Ce of this chapter.

[70 FR 48656, Aug. 19, 2005]

      Air Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.4990  Identification of plan--negative declaration.

    On July 20, 2012, the State of Maine Department of Environmental 
Protection submitted a letter certifying no Sewage Sludge Incineration 
units subject to 40 CFR part 60, subpart MMMM operate within its 
jurisdiction.

[79 FR 16206, Mar. 25, 2014]

              Emissions From Existing Solid Waste Landfills



Sec.  62.4995  Identification of plan--negative declaration.

    On March 11, 2020, the Maine Department of Environmental Protection 
submitted a letter certifying no existing source Municipal Solid Waste 
Landfills subject to 40 CFR part 60, subpart Cf, operate within the 
State's jurisdiction.

[86 FR 9023, Feb. 11, 2021]



                           Subpart V_Maryland

    Authority: Clean Air Act, sec. 111(d).

    Source: 49 FR 8613, Mar. 8, 1984, unless otherwise noted.

   Plan for Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.5100  Identification of plan.

    (a) Identification of plan. Maryland Plan for Control Designated 
Pollutants from Existing Facilities (Section 111(d) plan).

[[Page 404]]

    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from sulfuric acid plants, 
submitted by the Secretary of Health and Mental Hygiene, State of 
Maryland on August 30, 1978.
    (2) Control of TRS emissions from kraft pulp mills, submitted by the 
Governor of Maryland on May 18, 1981, and approval of a compliance 
schedule, submitted by the State of Maryland on September 24, 1982.
    (3) Control of fluoride emissions from primary aluminum reduction 
plants, submitted by the Secretary of Health and Mental Hygiene, State 
of Maryland on January 26, 1984.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants;
    (2) Kraft pulp mills.
    (3) Primary aluminum reduction plants.
    (d) Submittal of plan revisions--On April 2, 1992, Maryland 
submitted revisions to COMAR 26.11.14.05A. and .05B. governing the 
testing, monitoring, and reporting of total reduced sulfur (TRS) 
emissions from kraft pulp mills.

[49 FR 8613, Mar. 8, 1984, as amended at 50 FR 9628, Mar. 11, 1985; 64 
FR 59650, Nov. 3, 1999]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.5101  Identification of sources.

    (a) The plan applies to the following existing sulfuric acid plants:
    (1) Olin Corporation, Baltimore City, Maryland.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.5102  Identification of sources.

    (a) The plan applies to existing facilities at the following kraft 
pulp mills:
    (1) Westvaco Fine Papers Divisions, Luke, Maryland.

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.5103  Identification of sources.

    (a) The plan applies to the following existing primary aluminum 
reduction plants:
    (1) Eastalco Aluminum Plant, Frederick, Maryland.

[50 FR 9628, Mar. 11, 1985]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
 Existing Municipal Waste Combustors With a Unit Capacity Greater Than 
                            250 Tons Per Day



Sec.  62.5110  Identification of plan.

    (a) 111(d)/129 plan for municipal waste combustors (MWCs) with a 
unit capacity greater than 250 tons per day (TPD) and the associated 
Code of Maryland Regulation (COMAR 26.11.08), as submitted by the Air 
and Radiation Management Administration, Maryland Department of the 
Environment, on December 4, 1997, and as amended on October 7, 1998.
    (b) On October 24, 2007, Maryland submitted a revised State plan 
(Phase II) and related COMAR 26.11.08.01, .02, and .08 amendments as 
required by 40 CFR part 60, subpart Cb, amended May 10, 2006.
    (c) On May 10, 2016, Maryland submitted a revised State Plan and 
related COMAR 26.11.08.08 amendments.

[64 FR 19922, Apr. 23, 1999, as amended at 73 FR 18970, Apr. 8, 2008; 83 
FR 24941, May 31, 2018]



Sec.  62.5111  Identification of sources.

    The plan applies to all existing MWC facilities with a MWC unit 
capacity greater than 250 TPD of municipal solid waste.

[64 FR 19922, Apr. 23, 1999]



Sec.  62.5112  Effective date.

    (a) The effective date of the 111(d)/129 plan is June 22, 1999.
    (b) The plan revision (Phase II) is effective June 9, 2008.
    (c) The plan revision is effective July 30, 2018.

[64 FR 19922, Apr. 23, 1999, as amended at 73 FR 18970, Apr. 8, 2008; 83 
FR 24941, May 31, 2018]

[[Page 405]]

  Emissions From Existing Small Municipal Waste Combustor (MWC) Units--
               Section 111(d)/129 Federal Plan Delegation



Sec.  62.5120  Identification of plan--delegation of authority.

    On May 12, 2005, EPA signed a Memorandum of Agreement (MOA) that 
defines policies, responsibilities, and procedures pursuant to 40 CFR 62 
subpart JJJ (the ``Federal plan'') by which it will be administered by 
the MDE for existing small MWC units. On May 25, 2005, the MDE Secretary 
signed the MOA, thus agreeing to its terms and conditions.

[70 FR 46776, Aug. 11, 2005]



Sec.  62.5121  Identification of sources.

    The MOA and related Federal plan apply to all affected small MWC 
units for which construction commenced on or before August 30, 1999.

[70 FR 46776, Aug. 11, 2005]



Sec.  62.5122  Effective date of delegation.

    The delegation became fully effective on May 25, 2005, the date the 
MOA was signed by the MDE Secretary.

[70 FR 46776, Aug. 11, 2005]

     Emissions From Existing Commercial and Industrial Solid Waste 
             Incinerator (CISWI) Units--Negative Declaration



Sec.  62.5127  Identification of plan--negative declaration.

    (a) May 12, 2005 Maryland Department of the Environment letter 
certifying that existing CISWI units, subject to 40 CFR part 60, subpart 
DDDD, have been permanently shut down and have been dismantled in the 
state.
    (b) Letter from the State of Maryland, Department of the 
Environment, submitted January 20, 2017, certifying that there are no 
existing commercial/industrial solid waste incineration units within the 
State of Maryland that are subject to 40 CFR part 60, subpart DDDD.

[83 FR 13879, Apr. 2, 2018]

  Landfill Gas Emissions from Existing Municipal Solid Waste Landfills 
                          (Section 111(d) Plan)

    Source: Sections 62.5150 through 62.5152 appear at 64 FR 48717, 
Sept. 8, 1999, unless otherwise noted.



Sec.  62.5150  Identification of plan.

    On March 23, 1999, the Maryland Department of the Environment 
submitted to the Environmental Protection Agency a 111(d) Plan to 
implement and enforce the requirements of 40 CFR part 60, subpart Cc, 
Emissions Guidelines for Municipal Solid Waste Landfills.



Sec.  62.5151  Identification of sources.

    The plan applies to all Maryland existing municipal solid waste 
landfills for which construction, reconstruction, or modification was 
commenced before May 30, 1991 and that accepted waste at any time since 
November 8, 1987, or that have additional capacity available for future 
waste deposition, as described in 40 CFR part 60, subpart Cc.



Sec.  62.5152  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is November 8, 1999.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                    (HMIWIs)(Section 111(d)/129 Plan)

    Source: Sections 62.5160 through 62.5162 appear at 65 FR 53608, 
Sept. 5, 2000, unless otherwise noted.



Sec.  62.5160  Identification of plan.

    (a) Section 111(d)/129 plan for HMIWIs and the associated Code of 
Maryland (COMAR) 26.11.08 regulations, as submitted on April 14, 2000.
    (b) Section 111(d)/129 plan for HMIWIs and the associated Code of 
Maryland (COMAR) regulations, as submitted on January 10, 2013.

[82 FR 19614, Apr. 28, 2017]

[[Page 406]]



Sec.  62.5161  Identification of sources.

    (a) The plan submitted on April 14, 2000 applies to all existing 
HMIWIs located in Maryland for which construction was commenced on or 
before June 20, 1996.
    (b) The January 10, 2013 submittal applies to all existing HMIWIs as 
defined in the approved Maryland Section 111(d)/129 plan.

[82 FR 19614, Apr. 28, 2017]



Sec.  62.5162  Effective date.

    (a) The effective date of the plan submitted on April 14, 2000 is 
October 20, 2000.
    (b) The effective date of the plan submitted on January 10, 2013 is 
May 30, 2017.

[82 FR 19614, Apr. 28, 2017]

 Air Emissions From Existing Sewage Sludge Incinerators (SSI)--Section 
                   111(d)/129 Federal Plan Delegations



Sec.  62.5170  Identification of plan--negative declaration.

    Letter from the State of Maryland, Department of the Environment, 
submitted April 3, 2020, certifying that there are no existing sewage 
sludge incineration units within the State of Maryland that are subject 
to 40 CFR part 60, subpart MMMM.

[86 FR 8700, Feb. 9, 2021, as amended at 86 FR 13459, Mar. 9, 2021]



                         Subpart W_Massachusetts



Sec.  62.5340  Identification of plan.

    (a) Identification of plan. Massachusetts Plan for the Control of 
Designated Pollutants from Existing Plants (Section 111(d) Plan).
    (b) Official submission of plan. Revised State Plan for the control 
of metals, acid gases, organic compounds and nitrogen oxide emissions 
from existing municipal waste combustors--as submitted December 18, 
2018, by the Massachusetts Department of Environmental Protection. The 
plan includes the regulatory provisions cited in paragraph (d) of this 
section, which EPA incorporates by reference.
    (c) Identification of sources. The plan applies to existing sources 
in the following categories of sources:
    (1) Municipal waste combustors.
    (2) [Reserved]
    (d) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain copies at the EPA Region 1 Regional Office, Air and Radiation 
Division, 5 Post Office Square-Suite 100, Boston, MA, 617-918-1078 and 
from the source listed in paragraph (d)(2) of this section. You may also 
inspect the materials at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected], or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) Commonwealth of Massachusetts, Massachusetts Department of 
Environmental Protection. 1 Winter Street, Boston, Massachusetts 02108, 
617-292-5500, mass.gov/orgs/massachusetts-department-of-environmental-
protection; Code of Massachusetts Regulations (CMR):
    (i) 310 CMR 7.08(2): Title 310--Department of Environmental 
Protection, chapter 7.00--Air Pollution Control, section 7.08--U 
Incinerators, paragraph (2) ``Municipal Waste Combustors,'' in effect 
March 9, 2018 (as corrected and revised through August 21, 1998), 
excluding the following: subparagraph (2)(a) ``Site Assignment''; the 
definition of ``materials separation plan'' in subparagraph (2)(c); and 
subparagraph (2)(f)8. ``Material Separation Plan''.
    (ii) [Reserved]

[86 FR 59858, Oct. 29, 2021]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.5350  Identification of plan--negative declaration.

    The State Department of Environmental Quality Engineering submitted 
on April 12, 1978, a letter certifying that there are no existing 
phosphate fertilizer plants in the state subject to part 60, subpart B 
of this chapter.

[44 FR 54052, Sept. 18, 1979]

[[Page 407]]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec.  62.5351  Identification of plan--negative declaration.

    On February 18, 1986, the Commonwealth of Massachusetts submitted a 
letter certifying that there are no existing sulfuric acid plants in the 
Commonwealth of Massachusetts.

[51 FR 40801, Nov. 10, 1986]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.5375  Identification of plan--negative declaration.

    The State Department of Environmental Quality Engineering submitted 
on July 31, 1979, a letter certifying that there are no existing kraft 
pulp mills in the State subject to part 60, subpart B of this chapter.

[54 FR 9047, Mar. 3, 1989]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.5400  Identification of plan--negative declaration.

    The State Department of Environmental Quality Engineering submitted 
on January 18, 1989, a letter certifying that there are no existing 
primary aluminum reduction plants in the State subject to part 60, 
subpart B of this chapter.

[54 FR 9047, Mar. 3, 1989]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.5425  Identification of sources.

    (a) The plan applies to the following existing municipal waste 
combustor facilities:
    (1) [Reserved]
    (2) Covanta Haverhill, Inc., in Haverhill.
    (3) American Ref-Fuel of SEMASS, L.P. in Rochester.
    (4) Wheelabrator Millbury Inc., in Millbury.
    (5) Wheelabrator Saugus, J.V., in Saugus.
    (6) Wheelabrator North Andover Inc., in North Andover.
    (b) [Reserved]

[67 FR 62896, Oct. 9, 2002, as amended at 86 FR 59858, Oct. 29, 2021]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators



Sec.  62.5450  Identification of plan-negative declaration.

    On August 23, 2005, the Massachusetts Department of Environmental 
Protection submitted a letter certifying that there are no existing 
hospital/medical/infectious waste incinerators in the state subject to 
the emission guidelines under part 60, subpart Ce of this chapter.

[70 FR 58330, Oct. 6, 2005]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.5475  Identification of Plan--negative declaration.

    On August 23, 2005, the Massachusetts Department of Environmental 
Protection submitted a letter certifying that there are no existing 
commercial and industrial solid waste incineration units in the State 
subject to the emission guidelines under part 60, subpart DDDD of this 
chapter.

[70 FR 61046, Oct. 20, 2005]



                           Subpart X_Michigan

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.5600  Identification of plan--negative declaration.

    The State Department of Resources submitted on April 18, 1977, a 
letter certifying that there are no existing phosphate fertilizer plants 
in the State subject to part 60, subpart B of this chapter.

[[Page 408]]

    Control of Air Emissions from Hospital/Medical/Infectious Waste 
                              Incinerators



Sec.  62.5610  Identification of plan--negative declaration.

    On August 9, 2013, the Michigan Department of Environmental Quality 
submitted a negative declaration letter to EPA certifying that there are 
no existing Hospital/Medical/Infectious Waste Incinerators (HMIWI) units 
in the State of Michigan subject to the emissions guidelines at 40 CFR 
part 60, subpart Ce.

[78 FR 72583, Dec. 3, 2013]

        Control of Air Emissions From Sewage Sludge Incinerators



Sec.  62.5620  Identification of plan.

    On September 21, 2015, Michigan submitted a State Plan for 
implementing the emission guidelines for Sewage Sludge Incinerators 
(SSI). The enforceable mechanism for this State Plan is a State rule 
codified in R 336.1972, ``Emission standards for existing sewage sludge 
incineration units,'' and R 336.1902 ``Adoption of standards by 
reference.'' The State's final rule became effective on May 20, 2015.

[80 FR 70697, Nov. 16, 2015]



Sec.  62.5621  Identification of sources.

    The Michigan State Plan for existing Sewage Sludge Incinerators 
(SSI) applies to all SSIs for which construction commenced on or before 
October 14, 2010 or for which a modification was commenced on or before 
September 21, 2011 primarily to comply with this rule.

[80 FR 70697, Nov. 16, 2015]



Sec.  62.5622  Effective date.

    The Federal effective date of the Michigan State Plan for existing 
Sewage Sludge Incinerators is January 15, 2016.

[80 FR 70697, Nov. 16, 2015]

     Control of Air Emissions From Small Municipal Waste Combustors



Sec.  62.5630  Identification of plan--negative declaration.

    On July 27,2015, the Michigan Department of Environmental Quality 
submitted a negative declaration letter to EPA certifying that there are 
no existing Small Municipal Waste Combustors (SMWC) units in the State 
of Michigan subject to the emissions guidelines at 40 CFR part 60, 
subpart BBBB.

[80 FR 70697, Nov. 16, 2015]



                           Subpart Y_Minnesota

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.5850  Identification of plan--negative declaration.

    The State Pollution Control Agency submitted on April 7, 1977, a 
letter certifying that there are no existing phosphate fertilizer plants 
in the State subject to part 60, subpart B of this chapter.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.5860  Identification of plan.

    ``Section 111(d) Plan for Municipal Solid Waste Landfills,'' 
submitted by the State on March 4, 1997.

[63 FR 40052, July 27, 1998]



Sec.  62.5861  Identification of sources.

    The plan applies to all existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991 that accepted waste at any time since November 8, 1987 or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[63 FR 40052, July 27, 1998]



Sec.  62.5862  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is September 25, 1998.

[63 FR 40053, July 27, 1998]

                Existing Large Municipal Waste Combustors



Sec.  62.5870  Identification of plan.

    ``Section 111(d) Plan for Implementing the Large Municipal Waste

[[Page 409]]

Combustor Emission Guidelines,'' submitted by the State on April 28, 
1998. The rules being approved as part of this plan are being approved 
for their applicability to large municipal waste combustors in Minnesota 
and should apply only to these sources.

[63 FR 43083, Aug. 12, 1998]



Sec.  62.5871  Identification of sources.

    The plan applies to all existing municipal waste combustor units 
with the design capacity of 93.75*10 \6\ Btu/hr or more. This is the 
same as having an applicability threshold of the capacity to process 250 
tons per day or more of municipal solid waste.

[63 FR 43083, Aug. 12, 1998]



Sec.  62.5872  Effective date.

    The effective date of the plan for existing large waste combustors 
is October 13, 1998.

[63 FR 43083, Aug. 12, 1998]

  Control of Air Emissions From Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.5880  Identification of plan--negative declaration.

    On February 3, 2017, the Minnesota Pollution Control Agency 
submitted a negative declaration letter to EPA certifying that there are 
no existing Commercial and Industrial Solid Waste Incineration (CISWI) 
units in the State of Minnesota subject to the emissions guidelines at 
40 CFR part 60, subpart DDDD.

[84 FR 8003, Mar. 6, 2019]

   Control of Air Emissions From Other Solid Waste Incineration Units



Sec.  62.5890  Identification of plan--negative declaration.

    On June 21, 2017, the Minnesota Pollution Control Agency submitted a 
negative declaration letter to EPA certifying that there are no existing 
Other Solid Waste Incineration (OSWI) units in the State of Minnesota 
subject to the emissions guidelines at 40 CFR part 60, subpart FFFF.

[84 FR 8003, Mar. 6, 2019]



                          Subpart Z_Mississippi

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

    Source: 47 FR 29235, July 6, 1982, unless otherwise noted.



Sec.  62.6100  Identification of plan.

    (a) Identification of plan. Untitled (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist emissions from existing facilities 
at sulfuric acid plants, submitted on September 17, 1981.
    (2) Control of total reduced sulfur emissions from existing kraft 
pulp mills, submitted on October 30, 1987.
    (3) Adopted State Plan for Control of Air Emissions from Existing 
Hospital/Medical/Infectious Waste Incinerators, submitted on May 5, 
1999, by the Mississippi Department of Environmental Quality.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Phosphate fertilizer plants.
    (3) Kraft pulp mills.
    (4) Existing hospital/medical/infectious waste incinerators.

[47 FR 29235, July 6, 1982, as amended at 54 FR 7771, Feb. 23, 1989; 65 
FR 18255, Apr. 7, 2000]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.6110  Identification of sources.

    The plan applies to existing plants at the following locations: 
Sulfur burning plant and oleum plant of Mississippi Chemical Corporation 
in Pascagoula.

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.6120  Identification of sources.

    The plan applies to existing facilities at the following phosphate 
fertilizer plants.
    (1) Mississippi Chemical Corporation in Pascagoula.

[[Page 410]]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.6121  Identification of sources--negative declaration.

    The Mississippi Bureau of Pollution Control submitted on March 6, 
1985, a letter certifying that there are no existing primary aluminum 
reduction plants in the State subject to part 60, subpart B of this 
chapter.

[50 FR 26204, June 25, 1985]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.6122  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Georgia-Pacific Corporation, Monticello.
    (b) International Paper Company, Moss Point.
    (c) International Paper Company, Natchez.
    (d) International Paper Company, Vicksburg.

[54 FR 7771, Feb. 23, 1989]

                       Municipal Waste Combustors



Sec.  62.6123  Identification of sources--negative declaration.

    The Mississippi Bureau of Pollution Control submitted on August 6, 
1991, a letter certifying that there are no municipal waste combustors 
in the State subject to part 60, subpart B of this chapter.

[57 FR 43405, Sept. 21, 1992]

    Air Emissions from Hospital/Medical/Infectious Waste Incinerators



Sec.  62.6124  Identification of sources.

    The plan applies to existing hospital/medical/infectious waste 
incinerators for which construction, reconstruction, or modification was 
commenced before June 20, 1996, as described in 40 CFR part 60, subpart 
Ce.

[65 FR 18255, Apr. 7, 2000]



Sec.  62.6125  Identification of plan--negative declaration.

    Letter from the Department of Environmental Quality submitted 
September 24, 1997 certifying that there are no existing municipal waste 
combustor units in the State of Mississippi that are subject to part 60, 
subpart Cb, of this chapter.

[65 FR 33466, May 24, 2000]

   Air Emissions from Small Existing Municipal Waste Combustion Units



Sec.  62.6126  Identification of plan--negative declaration.

    Letter from the Mississippi Department of Environmental Quality 
submitted March 27, 2002, certifying that there are no small municipal 
waste combustion units subject to 40 CFR part 60, subpart BBBB.

[67 FR 67317, Nov. 5, 2002]

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                 (CISWI) Units (Section 111(d)/129 Plan)



Sec.  62.6127  Identification of Sources.

    The Plan applies to existing Commercial and Industrial Solid Waste 
Incineration Units that Commenced Construction On or Before November 30, 
1999.

[68 FR 25293, May 12, 2003]



                           Subpart AA_Missouri

    Source: 51 FR 8828, Mar. 14, 1986, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.6350  Identification of plan.

    (a) Identification of plan. Missouri Plan for Control of Designated 
Pollutants from Existing Facilities (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of fluoride emissions from existing facilities at 
phosphate fertilizer plants, and fluoride emissions from existing 
facilities at primary aluminum reduction plants, submitted on September 
22, 1981, having been adopted by the State on June 17 and June 21, 1981. 
A letter conveying additional information regarding this plan was 
submitted on January 3, 1985.

[[Page 411]]

    (2) Control of sulfuric acid mist from existing facilities at 
sulfuric acid production plants, submitted on March 12, 1979, having 
been adopted by the State in 1967 and 1971. A letter providing 
additional information regarding this plan was submitted on January 3, 
1985.
    (3) A revision to Missouri's 111(d) plan for Sulfuric Acid Mist from 
Existing Sulfuric Acid Production Plants which was effective on August 
30, 1996. This revision incorporates the 111(d) requirements from two 
existing regulations into a new consolidated regulation.
    (4) A revision to Missouri's 111(d) plan for sulfuric acid mist 
production was state effective on May 30, 2004. This revision approves 
the renumbering of the rule. The effective date of the amended plan is 
April 12, 2006.
    (5) A revision to Missouri's 111(d) plan to incorporate state 
regulation 10 CSR 10-6.020 Definitions and Common Reference Tables was 
state effective on February 28, 2013. The effective date of the amended 
plan is May 16, 2014.
    (6) A revision to Missouri's 111(d) plan to incorporate state 
regulation 10 CSR 10-6.020 Definitions and Common Reference Tables was 
state effective March 30, 2014. The effective date of the amended plan 
is May 4, 2015.
    (7) A withdrawal of Missouri's 111(d) plan, including state rule 10 
CSR 10.3.160, for control of fluoride emissions from existing phosphate 
fertilizer plants was state effective on September 30, 2018 and was 
submitted on December 3, 2018.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Primary aluminum reduction plants.
    (2) Sulfuric acid production plants.

[51 FR 8828, Mar. 14, 1986, as amended at 63 FR 45729, Aug. 27, 1998; 71 
FR 12626, Mar. 13, 2006; 79 FR 14616, Mar. 17, 2014; 80 FR 11580, Mar. 
4, 2015; 84 FR 16407, Apr. 19, 2019]

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec.  62.6351  Identification of plan--negative declaration.

    Letter from the Missouri Department of Natural Resources, submitted 
December 3, 2018, certifying that there are no Diammonium Phosphate 
Fertilizer Units subject to 40 CFR part 60, subpart V of this chapter. 
Effective date: The effective date of the negative declaration and EPA 
withdrawal of the prior plan approval is May 20, 2019.

[84 FR 16407, Apr. 19, 2019]

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec.  62.6352  Identification of sources.

    The plan applies to existing facilities at the following primary 
aluminum reduction plant:
    Noranda Aluminum, Inc., New Madrid, Missouri

    Sulfuric Acid Mist From Existing Sulfuric Acid Production Plants



Sec.  62.6353  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid production plant:
    W.R. Grace and Company, Joplin, Missouri

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.6354  Identification of plan--negative declaration.

    Letter from the Director of the Missouri Department of Natural 
Resources submitted on May 14, 1982, certifying that there are no kraft 
pulp mills in the State subject to part 60, subpart B of this chapter.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.6355  Identification of plan--negative declaration.

    Letter from the Director of the Air Pollution Control Program of the 
Department of Natural Resources submitted May 23, 1991, certifying that 
there are no existing municipal waste combustors in the state of 
Missouri subject to this 111(d) requirement.

[56 FR 56321, Nov. 4, 1991]

[[Page 412]]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
     Burn Greater than 35 Megagrams Per Day of Municipal Solid Waste



Sec.  62.6356  Identification of plan--negative declaration.

    Letter from the Air Pollution Control Program of the Department of 
Natural Resources submitted June 3, 1996, certifying that there are no 
municipal waste combustors in the state of Missouri subject to part 60, 
subpart Cb of this chapter.

[62 FR 41874, Aug. 4, 1997]

       Air Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.6357  Identification of plan.

    (a) Identification of plan. Missouri plan for control of landfill 
gas emissions from existing municipal solid waste landfills and 
associated state regulations submitted on January 26, 1998.
    (b) Identification of sources. The plan applies to all existing 
municipal solid waste landfills for which construction, reconstruction, 
or modification was commenced before May 30, 1991, that accepted waste 
at any time since November 8, 1987, or that have additional capacity 
available for future waste deposition, and have design capacities 
greater than 2.5 million megagrams and nonmethane organic emissions 
greater than 50 megagrams per year, as described in 40 CFR part 60, 
subpart Cc.
    (c) Effective date. The effective date of the plan for municipal 
solid waste landfills is June 23, 1998.
    (d) Amended plan for the control of air emissions from Municipal 
Solid Waste Landfills submitted by the Missouri Department of Natural 
Resources on September 8, 2000. The effective date of the amended plan 
is January 16, 2001.
    (e) Amended plan for the control of air emissions from Municipal 
Solid Waste Landfills submitted by the Missouri Department of Natural 
Resources on February 9, 2012. The effective date of the amended plan is 
May 30, 2012.

[63 FR 20321, Apr. 24, 1998, as amended at 65 FR 68905, Nov. 15, 2000; 
79 FR 21148, Apr. 15, 2014]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators



Sec.  62.6358  Identification of plan.

    (a) Identification of plan. Missouri plan for the control of air 
emissions from hospital/medical/infectious waste incinerators submitted 
by the Missouri Department of Natural Resources on June 15, 1999.
    (b) Identification of sources. The plan applies to existing 
hospital/medical/infectious waste incinerators constructed on or before 
June 20, 1996.
    (c) Effective date. The effective date of the plan is October 18, 
1999.
    (d) Amended plan for the control of air emissions from Hospital/
Medical/Infectious Waste Incinerators submitted by the Missouri 
Department of Natural Resources on July 13, 2001. The effective date of 
the amended plan is December 11, 2001.
    (e) Amended plan. Submitted by the Missouri Department of Natural 
Resources on July 3, 2014 and August 8, 2011. The effective date of the 
amended plan is May 24, 2018.

[64 FR 45187, Aug. 19, 1999, as amended at 66 FR 52062, Oct. 12, 2001; 
83 FR 17758, Apr. 24, 2018]

    Air Emissions from Small Existing Municipal Waste Combusion Units



Sec.  62.6359  Identification of plan--negative declaration.

    Letter from the Missouri Department of Natural Resources submitted 
March 22, 2001, certifying that there are no small municipal waste 
combustion units subject to 40 CFR part 60, subpart BBBB.

[66 FR 46961, Sept. 10, 2001]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.6360  Identification of plan.

    (a) Identification of plan. The Missouri Department of Natural 
Resources approved this revision to the Missouri state plan section 
111(d) for the purpose of adopting by reference subpart DDDD of part 62, 
the Commercial and Industrial Solid Waste Incineration (CISWI)

[[Page 413]]

rule, 10 CSR 10-6.161, which became effective on November 21, 2013. This 
revision was submitted on March 5, 2014.
    (b) Identification of sources. The plan applies to existing 
commercial and industrial solid waste incineration (CISWI) units that 
commenced construction on or before November 30, 1999.
    (c) The effective date of the amended plan is November 17, 2015.

[80 FR 56392, Sept. 18, 2015]

  Air Emissions From Existing ``Other'' Solid Waste Incineration Units



Sec.  62.6361  Identification of plan--negative declaration.

    Letter from the Missouri Department of Natural Resources submitted 
April 7, 2006, certifying that there are no ``other'' solid waste 
incineration units subject to 40 CFR part 60, subpart EEEE.

[72 FR 25980, May 8, 2007]

    Mercury Emissions From Coal-Fired Electric Steam Generating Units



Sec.  62.6362  [Reserved]

           Air Emissions from Sewage Sludge Incinerator Units



Sec.  62.6363  Identification of plan.

    (a) On September 20, 2013, EPA received the Missouri Department of 
Natural Resources (MDNR) section 111(d)/129 plan for implementation and 
enforcement of 40 CFR part 60, subpart MMMM, Emission Guidelines and 
Compliance Times for Existing Sewage Sludge Incineration Units.
    (b) Identification of sources: The plan applies to existing sewage 
sludge incineration (SSI) units that:
    (1) Commenced construction on or before October 14, 2010, or
    (2) Commenced a modification on or before September 21, 2011, 
primarily to comply with Missouri's plan, and
    (3) Meets the definition of a SSI unit defined in MDNR's plan
    (c) The effective date of the plan for existing sewage sludge 
incineration units is February 5, 2013.
    (1) A revision to Missouri's 111(d) plan to incorporate state 
regulation 10 CSR 10-6.191 Sewage Sludge Incinerators was state 
effective May 30, 2013. The effective date of the amended plan is 
November 16, 2015.
    (2) [Reserved]

[80 FR 55550, Sept. 16, 2015]



                           Subpart BB_Montana

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.6600  Identification of plan.

    ``Section 111(d) Plan for Municipal Solid Waste Landfills'' and the 
associated State regulations in sections 17.8.302(1)(j) and 17.8.340 of 
the Administrative Rules of Montana, submitted by the State on July 2, 
1997.

[63 FR 36861, July 8, 1998]



Sec.  62.6601  Identification of sources.

    The plan applies to all existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991 that accepted waste at any time since November 8, 1987 or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[63 FR 36861, July 8, 1998]



Sec.  62.6602  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is September 8, 1998.

[63 FR 36861, July 8, 1998]

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

    Source: Sections 62.6610 through 62.6612 appear at 65 FR 38740, June 
22, 2000, unless otherwise noted.



Sec.  62.6610  Identification of plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation in sections 
17.8.302(1)(k) and 17.8.340 of the Administrative Rules of Montana, 
submitted by the State on January 19, 1999.

[[Page 414]]



Sec.  62.6611  Identification of sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.



Sec.  62.6612  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is August 21, 
2000.

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec.  62.6613  Identification of plan--negative declaration.

    The Montana Department of Environmental Quality certified in a 
letter dated February 14, 2001, that there are no phosphate fertilizer 
plants in Montana that meet the definition of affected facility under 
any of the subparts T, U, V, W or X. Additionally, there are no 
phosphate fertilizer plants in Montana that meet the definition of 
affected facility under any of the subparts T, U, V, W, or X, 
constructed before October 22, 1974, and that have not reconstructed or 
modified since 1974.

[66 FR 42439, Aug. 13, 2001]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.6620  Identification of plan--negative declaration.

    Letter from the Montana Department of Environmental Quality 
submitted March 18, 2015, certifying that there are no existing large 
municipal waste combustion units within the State of Montana that are 
subject to part 60, subpart Cb, of this chapter.

[82 FR 44741, Sept. 26, 2017]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators



Sec.  62.6630  Identification of plan--negative declaration.

    Letter from the Montana Department of Environmental Quality 
submitted March 18, 2015, certifying that there are no existing 
commercial and industrial solid waste incineration units within the 
State of Montana that are subject to part 60, subpart DDDD, of this 
chapter.

[82 FR 44741, Sept. 26, 2017]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.6640  Identification of plan--negative declaration.

    Letter from Montana Department of Environmental Quality submitted to 
EPA on December 10, 2013, certifying that there are no known existing 
sewage sludge incineration units in the State of Montana.

[80 FR 10610, Feb. 27, 2015]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.6650  Identification of plan--negative declaration.

    Letter from the Montana Department of Environmental Quality 
submitted June 27, 2005, certifying that there are no existing small 
municipal waste combustion units within the State of Montana that are 
subject to part 60, subpart BBBB, of this chapter.

[82 FR 44742, Sept. 26, 2017]

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.6660  Identification of plan--negative declaration.

    Letter from the Montana Department of Environmental Quality 
submitted March 18, 2015, certifying that there are no existing other 
solid waste incineration units within the State of Montana that are 
subject to part 60, subpart FFFF, of this chapter.

[82 FR 44742, Sept. 26, 2017]



                           Subpart CC_Nebraska

    Source: 49 FR 7234, Feb. 28, 1984, unless otherwise noted.

[[Page 415]]

      Fluoride Emissions From Existing Phosphate Fertilizer Plants



Sec.  62.6850  Identification of plan--negative declaration.

    Letter from the Director of the Department of Environmental Control 
submitted on May 4, 1977, certifying that there are no phosphate 
fertilizer plants in the State of Nebraska.

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec.  62.6875  Identification of plan--negative declaration.

    Letter from the Chief of the Air Pollution Control Division of the 
Department of Environmental Control submitted on December 9, 1977, 
certifying that there are no existing sulfuric acid plants in the State 
of Nebraska.

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.6880  Identification of plan--negative declaration.

    Letter from the Chief of the Air Pollution Control Division of the 
Department of Environmental Control submitted on March 16, 1984, 
certifying that there are no existing kraft pulp mills in the State of 
Nebraska, subject to part 60, subpart B of this chapter.

[49 FR 43058, Oct. 26, 1984]

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec.  62.6910  Identification of plan--negative declaration.

    Letter from the Chief of the Air Pollution Control Division of the 
Department of Environmental Control submitted on March 16, 1984, 
certifying that there are no existing primary aluminum reduction plants 
in the State of Nebraska, subject to part 60, subpart B of this chapter.

[49 FR 43058, Oct. 26, 1984]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.6911  Identification of plan--negative declaration.

    Letter from the Chief of the Air Quality Division of the Department 
of Environmental Control submitted April 1, 1991, certifying that there 
are no existing municipal waste combustors in the state of Nebraska 
subject to this 111(d) requirement.

[56 FR 56321, Nov. 4, 1991]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
     Burn Greater than 35 Megagrams Per Day of Municipal Solid Waste



Sec.  62.6912  Identification of plan--negative declaration.

    Letter from the Air Quality Section of the Nebraska Department of 
Environmental Quality submitted May 13, 1996, certifying that there are 
no municipal waste combustors in the state of Nebraska subject to part 
60, subpart Cb of this chapter.

[62 FR 41874, Aug. 4, 1997]

       Air Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.6913  Identification of plan.

    (a) Identification of plan. Nebraska plan for control of landfill 
gas emissions from existing municipal solid waste landfills and 
associated state regulations submitted on January 6, 1998.
    (b) Identification of sources. The plan applies to all existing 
municipal solid waste landfills for which construction, reconstruction, 
or modification was commenced before May 30, 1991, that accepted waste 
at any time since November 8, 1987, or that have additional capacity 
available for future waste deposition, and have design capacities 
greater than 2.5 million megagrams and nonmethane organic emissions 
greater than 50 megagrams per year, as described in 40 CFR part 60, 
subpart Cc.

[[Page 416]]

    (c) Effective date. The effective date of the plan for municipal 
solid waste landfills is June 22, 1998.

[63 FR 20101, Apr. 23, 1998]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators



Sec.  62.6914  Identification of plan.

    (a) Identification of plan. Nebraska plan for the control of air 
emissions from hospital/medical/infectious waste incinerators submitted 
by the Nebraska Department of Environmental Quality on July 30, 1999.
    (b) Identification of sources. The plan applies to existing 
hospital/medical/infectious waste incinerators constructed on or before 
June 20, 1996.
    (c) Effective date. The effective date of the plan is January 18, 
2000.

[64 FR 62117, Nov. 16, 1999]

   Air Emissions from Small Existing Municipal Waste Combustion Units



Sec.  62.6915  Identification of plan--negative declaration.

    Letter from the Nebraska Department of Environmental Quality 
submitted June 8, 2001, certifying that there are no small municipal 
waste combustion units subject to 40 CFR part 60, subpart BBBB.

[66 FR 46961, Sept. 10, 2001]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.6916  Identification of plan--negative declaration.

    Letter from the Nebraska Department of Environmental Quality 
submitted June 8, 2001, certifying that there are no commercial and 
industrial solid waste incineration units subject to 40 CFR part 60, 
subpart DDDD.

[67 FR 4181, Jan. 29, 2002; 67 FR 13272, Mar. 22, 2002]

      Air Emissions Standards of Performance for New Sewage Sludge 
                              Incinerators



Sec.  62.6917  Identification of plan--negative declaration.

    Letter from the Nebraska Department of Environmental Quality 
received December 6, 2012, certifying that there are no Sewage Sludge 
Incinerator units subject to 40 CFR part 60, subpart MMMM.

[81 FR 381, Jan. 6, 2016]



                            Subpart DD_Nevada

    Source: 64 FR 50768, Sept. 20, 1999, unless otherwise noted.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.7100  Identification of plan.

    (a) The Washoe County Department of Health submitted on May 7, 1997 
a letter certifying that there are no existing municipal solid waste 
landfills in Washoe County subject to 40 CFR part 60, subpart Cc.
    (b) The Nevada Division of Environmental Protection submitted on 
June 3, 1998 and May 21, 1999 the State of Nevada's Section 111(d) Plan 
for Existing Municipal Solid Waste Landfills.



Sec.  62.7101  Identification of sources.

    The plan applies to all existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991, as described in 40 CFR part 60, subpart Cc.



Sec.  62.7102  Effective date.

    The effective date of EPA approval of the plan is November 19, 1999.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.7120  Identification of plan--negative declaration.

    Letter from the Nevada Division of Environmental Protection 
submitted March 26, 1997 certifying that there are

[[Page 417]]

no existing municipal waste combustor units in the State of Nevada that 
are subject to part 60, subpart Cb, of this chapter.

[65 FR 33467, May 24, 2000]

     Emissions From Small Existing Municipal Waste Combustion Units



Sec.  62.7125  Identification of plan--negative declaration.

    Letter from the Nevada Division of Environmental Protection, 
submitted on March 26, 1997, certifying that there are no existing 
municipal waste combustion units subject to part 60, subpart BBBB, of 
this chapter.

[66 FR 67098, Dec. 28, 2001]

 Emissions From Existing Commercial/Industrial Solid Waste Incineration 
                                  Units



Sec.  62.7130  Identification of plan.

    (a) The Clark County Department of Air Quality Management submitted 
on February 27, 2003, a letter certifying that there are no existing 
commercial/industrial solid waste incineration units in Clark County 
that are subject to 40 CFR part 60, subpart DDDD.
    (b) The Washoe County District Health Department Air Quality 
Management Division submitted on January 28, 2003, a letter certifying 
that there are no existing commercial/industrial solid waste 
incineration units in Washoe County that are subject to 40 CFR part 60, 
subpart DDDD.
    (c) The Nevada Division of Environmental Protection submitted on 
October 16, 2003, a letter certifying that there are no existing 
commercial/industrial solid waste incineration units in its jurisdiction 
that are subject to 40 CFR part 60, subpart DDDD.

[68 FR 49365, Aug. 18, 2003, as amended at 68 FR 68740, Dec. 10, 2003]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators



Sec.  62.7135  Identification of plan--negative declaration.

    Letter from the Nevada Division of Environmental Protection, 
submitted on May 26, 1998, certifying that there are no existing 
hospital/medical/infectious waste incineration units subject to 40 CFR 
part 60, subpart Ce, of this chapter.

[68 FR 58614, Oct. 10, 2003]

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.7140  Identification of plan--negative declaration.

    Letter from the Nevada Division of Environmental Protection, 
submitted on December 19, 2006, certifying that there are no existing 
other solid waste incineration units subject to 40 CFR part 60, subpart 
FFFF, of this chapter.

[72 FR 61535, Oct. 31, 2007]



                        Subpart EE_New Hampshire

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.7325  Identification of plan.

    (a) Identification of plan. New Hampshire Plan for the Control of 
Designated Pollutants from Existing Plants (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of total reduced sulfur (TRS) emissions from existing 
kraft pulp mills, submitted on January 3, 1992.
    (2)-(3)[Reserved]
    (4) Control of air emissions from existing large and small municipal 
waste combustors, submitted on August 16, 2002.
    (i) Revised State Plan for Large and Small Municipal Waste 
Combustors was submitted on January 29, 2009, with a technical amendment 
submitted on February 13, 2009. Revisions included amendments to New 
Hampshire Code of Administrative Rules Env-A 3300 Municipal Waste 
Combustion in response to amended emission guidelines for Large MWCs (40 
CFR Part 60, Subpart Cb) published on May 10, 2006 and emission limits 
for Small MWCs enacted by the New Hampshire General Court in 2005 and 
codified at New Hampshire Revised Statutes Annotated 125-C:10-a.
    (ii) Revised State Plan for Large and Small Municipal Waste 
Combustors

[[Page 418]]

was submitted on July 28, 2016. Revisions included amendments to New 
Hampshire Code of Administrative Rules Env-A 3300 Municipal Waste 
Combustion in response to more stringent emission limits for Small MWCs 
enacted by the New Hampshire General Court in 2016 and codified at New 
Hampshire Revised Statutes Annotated 125-C:10-a.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Kraft pulp mills.
    (2)-(3) [Reserved]
    (4) Municipal waste combustors. (i) Large MWCs with a capacity 
greater than 250 tons per day.
    (ii) Small MWCs with a capacity of 250 tons per day or less.

[57 FR 56858, Dec. 1, 1992, as amended at 65 FR 6012, Feb. 8, 2000; 68 
FR 6632, 6635, Feb. 10, 2003; 79 FR 16206, Mar. 25, 2014; 79 FR 52204, 
Sept. 3, 2014; 82 FR 25972, June 6, 2017]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.7350  Identification of plan--negative declaration.

    The State Air Pollution Control Agency submitted on November 29, 
1978, a letter certifying that there are no existing phosphate 
fertilizer plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept. 18, 1979]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec.  62.7375  Identification of plan--negative declaration.

    The State Air Pollution Control Agency submitted on November 29, 
1978, a letter certifying that there are no existing sulfuric acid 
plants in the state subject to part 60, subpart B of this chapter.

[44 FR 54052, Sept. 18, 1979]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.7400  Identification of sources--negative declaration.

    The State Air Pollution Control Agency submitted on January 3, 1989, 
a letter certifying that there are no existing primary aluminum 
reduction plants in the State subject to part 60, subpart B of this 
chapter.

[54 FR 9047, Mar. 3, 1989]

         Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.7405  Identification of plan-negative declaration.

    On July 22, 1998, the New Hampshire Department of Environmental 
Services submitted a letter certifying that there are no existing 
municipal solid waste landfills in the state subject to the emission 
guidelines under part 60, subpart B of this chapter.

[68 FR 10661, Mar. 6, 2003]

           Total Reduced Sulfur From Existing Kraft Pulp Mills



Sec.  62.7425  Identification of sources.

    (a) The plan applies to the following existing kraft pulp mill:
    (1) James River Corporation in Berlin.
    (2) [Reserved]
    (b) [Reserved]

[57 FR 56858, Dec. 1, 1992]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators



Sec.  62.7450  Identification of plan--negative declaration.

    On August 2, 2011, September 9, 2011, and October 9, 2012 the State 
of New Hampshire Department of Environmental Services submitted letters 
certifying no Hospital/Medical/Infectious Waste Incineration units 
subject to 40 CFR part 60, subpart Ce operate within its jurisdiction.

[79 FR 16206, Mar. 25, 2014]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.7455  Identification of plan--negative declaration.

    On September 25, 2013 the State of New Hampshire Department of 
Environmental Services submitted a letter certifying no Commercial and 
Industrial Solid Waste Incineration units

[[Page 419]]

subject to 40 CFR part 60, subpart DDDD operate within the state's 
jurisdiction.

[82 FR 25972, June 6, 2017]

 Air Emissions From Existing Large and Small Municipal Waste Combustors



Sec.  62.7460  Identification of sources.

    (a) The plan applies to the following existing large municipal waste 
combustor:
    (1) The Wheelabrator Concord Co., L.P. in Penacook.
    (2) [Reserved]
    (b) The plan applies to the following existing small municipal waste 
combustor:
    (1) The Wheelabrator Claremont Co., L.P. in Claremont.
    (2) [Reserved]

[68 FR 6632, Feb. 10, 2003]

      Air Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.7465  Identification of plan--delegation of authority.

    (a) Letter from the New Hampshire Department of Environmental 
Services (NH DES), submitted November 14, 2017, requested delegation of 
authority from the EPA to implement and enforce the Federal Plan 
Requirements for Sewage Sludge Incineration Units Constructed on or 
before October 14, 2010 (SSI Federal Plan). The SSI Federal Plan will be 
administered by both the NH DES and the EPA pursuant to 40 CFR part 62 
subpart LLL.
    (b) Identification of sources. The SSI Federal Plan applies to 
owners or operators of existing facilities that meet all three of the 
following criteria:
    (1) The SSI unit(s) commenced construction on or before October 14, 
2010;
    (2) The SSI unit(s) meets the definition of an SSI unit as defined 
in Sec.  62.16045; and
    (3) The SSI unit(s) is not exempt under Sec.  62.15860.
    (c) On December 18, 2017 Mr. Robert R. Scott, Commissioner of NH 
DES, signed the Memorandum of Agreement (MoA) which defines the 
policies, responsibilities, and procedures by which the SSI Federal Plan 
will be administered. On December 22, 2017, Mr. Ken Moraff, as Acting 
Regional Administrator of EPA Region 1, signed the MoA.
    (d) The delegation is fully effective as of December 22, 2017.

[83 FR 29460, June 25, 2018]



                          Subpart FF_New Jersey

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.7600  Identification of plan--negative declaration.

    The New Jersey Department of Environmental Protection submitted, on 
May 20, 1977, a letter certifying that there are no existing phosphate 
fertilizer plants in the State subject to part 60, subpart B of this 
chapter.

[44 FR 41180, July 16, 1979]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.7601  Identification of plan--negative declaration.

    The New Jersey Department of Environmental Protection submitted, on 
October 18, 1979, a letter certifying that there are no existing kraft 
pulp mills in the State subject to part 60, subpart B of this chapter.

[45 FR 80826, Dec. 8, 1980; 46 FR 27342, May 19, 1981]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.7602  Identification of plan--negative declaration.

    The New Jersey Department of Environmental Protection submitted, on 
September 29, 1980, a letter certifying that there are no existing 
primary aluminum plants in the State subject to part 60 subpart B of 
this chapter.

[46 FR 30479, June 9, 1981]

[[Page 420]]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
 Existing Large Municipal Waste Combustors With the Capacity To Combust 
         Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.7603  Identification of plan--delegation of authority.

    (a) On November 9, 1999, the New Jersey Department of Environmental 
Protection (NJDEP) submitted to the Environmental Protection Agency 
(EPA) a request for delegation of authority to implement and enforce the 
Federal Plan (40 CFR part 62, subpart FFF) for Large Municipal Waste 
Combustors (MWC).
    (b) Identification of sources: The Federal Plan applies to existing 
facilities with a MWC unit capacity greater than 250 tons per day of 
municipal solid waste.
    (c) On January 17, 2001, EPA prepared and signed a Memoranda of 
Agreement (MOA) between the EPA and the NJDEP that defines the policies, 
responsibilities, and procedures pursuant to 40 CFR part 62, subpart FFF 
and 40 CFR part 60, subpart Cb, by which the Federal Plan for large MWCs 
will be administered by both the NJDEP and EPA. On January 24, 2001, 
Robert C. Shinn, Commissioner NJDEP, signed the MOA, therefore agreeing 
to the terms and conditions of the MOA and accepting responsibility to 
enforce and implement the policies, responsibilities, and procedures of 
the Federal Plan for large MWCs.

[68 FR 10662, Mar. 6, 2003]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                            Incinerator Units



Sec.  62.7604  Identification of plan--negative declaration.

    Letter from the New Jersey Department of Environmental Protection, 
submitted March 4, 2004, certifying that there are no commercial and 
industrial solid waste incinerators in the State of New Jersey subject 
to part 60, subpart DDDD of this chapter.

[69 FR 57188, Sept. 24, 2004]

   Air Emissions from Existing Municipal Solid Waste Landfills, Small 
Municipal Waste Combustion Units, and Hospital/Medical/Infectious Waste 
                              Incinerators.



Sec.  62.7605  Identification of plan--delegation of authority.

    (a) Letter from the New Jersey Department of Environmental 
Protection (NJDEP), submitted May 13, 2005, requesting delegation of 
authority from EPA to implement and enforce the following three Federal 
plans: Municipal Solid Waste Landfills (MSW Landfills), Hospital/
Medical/Infectious Waste Incinerators (HMIWI) and Small Municipal Waste 
Combustion Units (Small MWCs). The Federal plans will be administered by 
both NJDEP and EPA, pursuant to the following: ``Federal Plan 
Requirements for Municipal Solid Waste Landfills That Commenced 
Construction Prior to May 30, 1991 and Have Not Been Modified or 
Reconstructed Since May 30, 1991,'' 40 CFR part 62, subpart GGG; 
``Federal Plan Requirements for Hospital/Medical/Infectious Waste 
Incinerators Constructed on or Before June 20, 1996,'' 40 CFR part 62, 
subpart HHH; and ``Federal Plan Requirements for Small Municipal Waste 
Combustion Units Constructed on or Before August 30, 1999,'' 40 CFR part 
62, subpart JJJ.
    (b) Identification of sources: The three Federal plans apply to 
existing facilities as follows: MSW Landfills which commenced 
construction, reconstruction, or modification before May 30, 1991 and a 
MSW Landfill that has accepted waste at any time since November 8, 1987 
or the landfill has additional capacity for future waste deposition; 
HMIWIs that combust any amount of hospital, medical or infectious waste 
and that commenced construction on or before June 20, 1996; and Small 
MWCs with a capacity to combust at least 35 tons per day of municipal 
solid waste or refuse-derived fuel but no more than 250 tons per day of 
municipal solid waste or refuse-derived fuel and if the Small MWC 
commenced construction on or before August 30, 1999.
    (c) On April 24, 2006, EPA prepared and signed Memorandums of 
Agreement (MOAs) between EPA and NJDEP

[[Page 421]]

that define the policies, responsibilities and procedures pursuant to 
the three Federal plans identified in (a) above by which the Federal 
plans will be administered by both NJDEP and EPA. On May 15, 2006, Lisa 
P. Jackson, NJDEP Commissioner, signed the MOAs, therefore agreeing to 
the terms and conditions of the MOAs and accepting responsibility to 
enforce and implement the policies, responsibilities, and procedures for 
MSW Landfills, HMIWIs and Small MWCs.
    (d) The delegation became fully effective on May 15, 2006, the date 
the MOAs were signed by the NJDEP Commissioner.

[72 FR 1670, Jan. 16, 2007]

     Air Emissions From Other Solid Waste Incineration (OSWI) Units 
               Constructed on or Before December 16, 2005



Sec.  62.7606  Identification of plan-negative declaration.

    Letter from New Jersey Department of Environmental Protection 
submitted April 5, 2006 to Alan J. Steinberg Regional Administrator EPA 
Region 2 certifying there are no existing OSWI units in the State of New 
Jersey subject to 40 CFR part 60, subpart FFFF.

[81 FR 75710, Nov. 1, 2016]

      Air Emissions from Existing Sewage Sludge Incineration Units



Sec.  62.7607  Identification of plan--delegation of authority.

    (a) Letter from the New Jersey Department of Environmental 
Protection (NJDEP), submitted October 12, 2016, requesting delegation of 
authority from the EPA to implement and enforce the Federal plan for 
existing Sewage Sludge Incineration (SSI) units. The Federal plan will 
be administered by both the NJDEP and the EPA, pursuant to ``Federal 
Plan Requirements for Sewage Sludge Incineration Units Constructed on or 
Before October 14, 2010'' 40 CFR 62.15855-62.16050.
    (b) Identification of sources. The Federal plan applies to owners or 
operators of existing facilities that meet all three of the following 
criteria:
    (1) The SSI unit(s) commenced construction on or before October 14, 
2010;
    (2) The SSI unit(s) meets the definition of an SSI unit as defined 
in Sec.  62.16045; and
    (3) The SSI unit(s) is not exempt under Sec.  62.15860.
    (c) On December 27, 2016, the EPA prepared and signed a Memorandum 
of Agreement (MOA) between the EPA and NJDEP that define the policies, 
responsibilities and procedures pursuant to the SSI Federal plan 
identified in (a) above by which the Federal plan will be administered 
by both the NJDEP and the EPA. On January 24, 2017, Bob Martin, NJDEP 
Commissioner, signed the MOA, therefore agreeing to the terms and 
conditions of the MOA and accepting responsibility to enforce and 
implement the policies, responsibilities, and procedures for existing 
SSI units.
    (d) The delegation became fully effective on January 24, 2017, the 
date the MOA was signed by the NJDEP Commissioner.

[82 FR 44529, Sept. 25, 2017]



                          Subpart GG_New Mexico

    Source: 47 FR 10005, Mar. 9, 1982, unless otherwise noted.



Sec.  62.7850  Identification of plan.

    (a) Title of plan. ``State of New Mexico Designated Facility Plan'' 
(Sec.  111(d)).
    (b) The plan was officially submitted as follows:
    (1) Sulfuric acid plants on May 15, 1981.
    (c) Affected facilities: The plan includes the following facilities:
    (1) Sulfuric acid plants.

         Sulfuric Acid Mist Emissions From Sulfuric Acid Plants



Sec.  62.7851  Identification of sources.

    (a) The plan includes the following sources:
    (1) Kerr-McGee Nuclear Corporation in McKinley County.
    (2) Climax Chemical Corporation in Lea County.
    (b) Negative declaration for Bernalillo County.
    Letter from the City of Albuquerque Air Pollution Control Division 
dated November 23, 2004, certifying that there

[[Page 422]]

are no existing sulfuric acid plants subject to 40 CFR 60 subpart Cd in 
Bernalillo County on lands under the jurisdiction of the Albuquerque/
Bernalillo County Air Quality Control Board.

[47 FR 10005, Mar. 9, 1982, as amended at 70 FR 57764, Oct. 4, 2005]

             Fluoride Emissions From Primary Aluminum Plants



Sec.  62.7852  Identification of plan--negative declaration.

    The New Mexico Environmental Improvement Division and the 
Albuquerque Air Pollution Control Division submitted letters of July 8, 
1980 and September 23, 1980, respectively, certifying that there are no 
existing primary aluminum plants in the State subject to part 60, 
subpart B of this chapter.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.7853  Identification of plan--negative declaration.

    (a) Letter from the New Mexico Environmental Improvement Division 
dated November 5, 1979 certifying that there are no existing kraft pulp 
mills in the State subject to part 60 subpart B of this chapter.
    (b) Letters from the City of Albuquerque Air Pollution Control 
Division dated July 8, 1980, and November 23, 2004, certifying that 
there are no existing kraft pulp mills subject to 40 CFR 60 subpart B in 
Bernalillo County on lands under the jurisdiction of the Albuquerque/
Bernalillo County Air Quality Control Board.

[70 FR 57764, Oct. 4, 2005]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.7854  Identification of plan--negative declaration.

    (a) The State Department of Health and Social Services submitted on 
October 31, 1977, a letter certifying that there are no existing 
phosphate fertilizer plants in the State subject to part 60, subpart B 
of this chapter.
    (b) Letter from the City of Albuquerque Air Pollution Control 
Division dated November 23, 2004, certifying that there are no phosphate 
fertilizer plants subject to 40 CFR 60 subpart B in Bernalillo County on 
lands under the jurisdiction of the Albuquerque/Bernalillo County Air 
Quality Control Board.

[43 FR 51393, Nov. 3, 1978. Redesignated at 47 FR 10005, Mar. 9, 1982, 
as amended at 70 FR 57764, Oct. 4, 2005]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.7855  New Mexico Environment Department.

    (a) Identification of plan. Section 111(d) plan for municipal solid 
waste landfills and the associated 20.2.64 NMAC, as submitted on May 25, 
2017. The plan includes the regulatory provisions cited in paragraph (d) 
of this section, which EPA incorporates by reference.
    (b) Identification of sources. The plan applies to all existing 
municipal solid waste landfills under the jurisdiction of the New Mexico 
Environment Department for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014, and are subject 
to the requirements of 40 CFR part 60, subpart Cf.
    (c) Effective date. The effective date of the plan for municipal 
solid waste landfills is October 11, 2019.
    (d) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the material may be inspected or obtained from the EPA Region 
6 office, 1201 Elm Street, Suite 500, Dallas, Texas 75270, 214-665-2200 
or electronically through www.regulations.gov, Docket No. EPA-R6-OAR-
2019-0306. Copies may be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of New Mexico, New Mexico Environment Department, New 
Mexico

[[Page 423]]

Administrative Code, http://164.64.110.134/nmac/.
    (i) 20.2.64 NMAC, Chapter 20--Environmental Protection, Chapter 2--
Air Quality (Statewide), Part 64--Municipal Solid Waste Landfills, New 
Mexico Administrative Code, effective May 31, 2017.
    (ii) [Reserved]

[84 FR 47901, Sept. 11, 2019]



Sec.  62.7856  Albuquerque-Bernalillo County Air Quality Control Board.

    (a) Identification of plan. Section 111(d) plan for municipal solid 
waste landfills and the associated 20.11.71 NMAC, as submitted on May 
24, 2017. The plan includes the regulatory provisions referenced in 
paragraph (d) of this section, which EPA incorporates by reference.
    (b) Identification of sources. The plan applies to all existing 
municipal solid waste landfills under the jurisdiction of the 
Albuquerque-Bernalillo County Air Quality Control Board for which 
construction, reconstruction, or modification was commenced on or before 
July 17, 2014, and are subject to the requirements of 40 CFR part 60, 
subpart Cf.
    (c) Effective date. The effective date of the plan for municipal 
solid waste landfills is October 11, 2019.
    (d) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the material may be inspected or obtained from the EPA Region 
6 office, 1201 Elm Street, Suite 500, Dallas, Texas 75270, 214-665-2200 
or electronically through www.regulations.gov, Docket No. EPA-R06-OAR-
2019-0306. Copies may be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of New Mexico, Albuquerque-Bernalillo County Air Quality 
Control Board, New Mexico Administrative Code, http://164.64.110.134/
nmac/.
    (i) 20.11.71 NMAC, Title 20--Environmental Protection, Chapter 11--
Albuquerque-Bernalillo-County Air Quality Control Board, Part 71--
Municipal Solid Waste Landfills, New Mexico Administrative Code, 
effective May 13, 2017.
    (ii) [Reserved]

[84 FR 47901, Sept. 11, 2019]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.7857  Identification of plan--negative declaration.

    Letter from the Environment Department submitted January 10, 1997 
certifying that there are no existing municipal waste combustor units in 
the State of New Mexico that are subject to part 60, subpart Cb, of this 
chapter.

[65 FR 33467, May 24, 2000]

     Emissions From Existing Large Municipal Waste Combustion Units



Sec.  62.7860  Identification of sources--negative declaration.

    Letter from the City of Albuquerque Air Pollution Control Division 
dated September 10, 2002, certifying that there are no existing 
municipal waste combustion units in Bernalillo County on lands under the 
jurisdiction of the Albuquerque/Bernalillo county Air Quality Control 
Board subject to 40 CFR part 60, subpart Cb.

[68 FR 35302, June 13, 2003]

 Emissions From Existing Hospital/Medical/Infectious Wastes Incinerators



Sec.  62.7870  Identification of plan--negative declarations.

    Letters from the New Mexico Environment Department and the City of 
Albuquerque Environmental Health Department dated February 11, 2014, and 
February 4, 2014, respectively, certifying that there are no existing 
hospital/medical/infectious waste incinerator (HMIWI) units subject to 
40 CFR part 60, subpart Ce, within their respective jurisdictions in the 
State of New Mexico.

[86 FR 12110, Mar. 2, 2021]

[[Page 424]]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.7880  Identification of sources--negative declaration.

    Letters from the New Mexico Environment Department and the City of 
Albuquerque Environmental Health Department dated November 13, 2001, and 
September 10, 2002, respectively, certifying that there are no existing 
small municipal waste combustion units subject to 40 CFR part 60, 
subpart BBBB under their jurisdictions in the State of New Mexico.

[68 FR 35302, June 13, 2003]

     Emissions From Existing Commercial and Industrial Solid Waste 
                       Incineration (CISWI) Units



Sec.  62.7890  Identification of sources--negative declarations.

    Letters from the New Mexico Environment Department and the City of 
Albuquerque Environmental Health Department dated June 15, 2020, and 
March 4, 2020, respectively, certifying that there are no incinerators 
subject to the commercial and industrial solid waste incineration 
(CISWI) Emission Guidelines, under 40 CFR part 60, subpart DDDD, within 
their respective jurisdictions in the State of New Mexico.

[85 FR 72968, Nov. 16, 2020]

         Emissions From Existing Sewage Sludge Incinerator Units



Sec.  62.7892  Identification of sources.

    (a) Negative declaration for the State of New Mexico excluding 
Bernalillo County. Letter from the New Mexico Environment Department, 
dated October 6, 2011, certifying that there are no known existing 
sewage sludge incineration (SSI) units subject to 40 CFR part 60, 
subpart MMMM, within its jurisdiction, excluding Bernalillo County, New 
Mexico.
    (b) Negative declaration for Bernalillo County. Letter from the City 
of Albuquerque Air Pollution Control Division, dated September 12, 2011, 
certifying that there are no known existing sewage sludge incineration 
(SSI) units subject to 40 CFR part 60, subpart MMMM, within the 
jurisdiction of the City of Albuquerque and Bernalillo County, New 
Mexico.

[80 FR 24222, Apr. 30, 2015]

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.7893  Identification of plan--negative declarations.

    Letters from the New Mexico Environment Department and the City of 
Albuquerque Environmental Health Department dated June 15, 2020, and 
December 13, 2006, respectively, certifying that there are no 
incinerators subject to the Other Solid Waste Incineration units (OSWI) 
Emission Guidelines, at 40 CFR part 60, subpart FFFF, within their 
respective jurisdictions in the State of New Mexico.

[86 FR 17545, Apr. 5, 2021]



                           Subpart HH_New York

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.8100  Identification of plan--negative declaration.

    The New York State Department of Environmental Conservation 
submitted, on May 12, 1977, a letter certifying that there are no 
existing phosphate fertilizer plants in the State subject to part 60, 
subpart B of this chapter.

[44 FR 41180, July 16, 1979]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec.  62.8102  Identification of plan.

    (a) [Reserved]
    (b) The plan was officially submitted and approved as follows:
    (1) Part 224--``Sulfuric Acid and Nitric Acid Plants'' of Title 6 of 
the New York Code of Rules and Regulations effective May 10, 1984.
    (2) Supplemental information submitted on March 29, 1985.
    (c) Identification of sources. The plan includes the following 
plants:
    (1) PVS Chemicals, Inc., Buffalo.
    (2) Eastman Kodak Company, Rochester.
    (d) The plan is approved with the provision that for existing 
sources any

[[Page 425]]

variance or compliance date extension from the provisions of part 224, 
``Sulfuric Acid and Nitric Acid Plants,'' or any text method other than 
specified in 40 CFR part 60, appendix A, approved by the Commissioner of 
Environmental Conservation must be submitted and approved as a plan 
revision.

[50 FR 41137, Oct. 9, 1985]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.8103  Identification of plan.

    (a) The New York State Department of Environmental Conservation 
submitted to the Environmental Protection Agency a ``State Plan for 
implementation and enforcement of 40 CFR part 60, subpart Cb, Emissions 
Guidelines for Large Municipal Waste Combustors'' on December 15, 1997 
and supplemented on June 22, 1998.
    (b) Identification of sources: The plan applies to existing 
facilities with a municipal waste combustor unit capacity greater than 
250 tons per day of municipal solid waste.
    (c) On October 7, 1998 and supplemented on November 5, 1998, the New 
York State Department of Environmental Conservation submitted revisions 
to the State Plan which incorporates emission limits and compliance 
schedules as amended by EPA on August 25, 1997 (65 FR 45116).
    (d) Identification of plan: On July 12, 2013, the New York State 
Department of Environmental Conservation (NYSDEC) submitted to the 
Environmental Protection Agency (EPA) a Clean Air Act section 111(d)/129 
revised plan, and the associated Table 2 of subdivision 200.10(b) at 
Part 200 of Title 6 NYCRR, addressing 40 CFR part 60 subpart Cb, 
``Emissions Guidelines and Compliance Times for Large Municipal Waste 
Combustors That are Constructed on or Before September 20, 1994,'' as 
amended on May 10, 2006. The plan includes the regulatory provisions 
cited in paragraph (g) of this section, which the EPA incorporates by 
reference.
    (e) Identification of sources: The plan applies to all existing 
facilities in New York with a municipal waste combustion capacity 
greater than 250 tons per day of municipal solid waste for which 
construction commenced on or before September 20, 1994, and which are 
subject to 40 CFR part 60 subpart Cb.
    (f) Effective date: The effective date of the plan for October 4, 
2021.
    (g) Incorporation by reference:
    (1) The material incorporated by reference in this section was 
approved by the Director of the Federal Register Office in accordance 
with 5 U.S.C. 552(a)(1) and 1 CFR part 51. The material is available 
from the sources identified elsewhere in this paragraph. It may be 
inspected or obtained from the EPA Region 2 Office, 290 Broadway, 25th 
Floor, New York, New York 10007-1866, 212-637-3378. It may be inspected 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected] or go to: www.archives.gov/federal-register/cfr/
ibr-locations.html.
    (2) State of New York, Department of State, Albany, New York 12231; 
https://dos.ny.gov/state-register.
    (i) 6 NYCRR sec. 200.10(b)-Cb: Official Compilation of (New York) 
Codes, Rules and Regulations; Title 6--Environmental Conservation; Part 
200--General Provisions; Section 200.10--Federal standards and 
requirements; Paragraph (b)--Table 2--Delegated Federal New Source 
Performance Standards of 40 CFR 60, entry Cb, Large Municipal Waste 
Combustors That are Constructed on or Before September 20, 1994; 
effective September 4, 2019 (original effective date: October 20, 2007)
    (ii) [Reserved]

[63 FR 41429, Aug. 4, 1998, as amended at 64 FR 6237, Feb. 9, 1999; 86 
FR 49484, Sept. 3, 2021]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.8104  Identification of plan.

    (a) Identification of plan. On December 11, 2019, the New York State 
Department of Environmental Conservation

[[Page 426]]

(NYSDEC) submitted to the Environmental Protection Agency (EPA) a Clean 
Air Act revised section 111(d) state plan, to incorporate revisions to 
Title 6 NYCRR Parts 208 and 200 for the implementation of 40 CFR part 
60, subpart Cf, ``Emissions Guidelines for Municipal Solid Waste 
Landfills.''
    (b) Identification of sources. The plan applies to all existing 
municipal solid waste landfills under the jurisdiction of the New York 
State Department of Environmental Conservation that have accepted waste 
after November 8, 1987, and began construction, reconstruction, or 
modification on or prior to July 17, 2014, and have a design capacity 
threshold of 2.5 million megagrams (Mg) and 2.5 million cubic meters, as 
described in 40 CFR 60 subpart Cf.
    (c) Effective date. The effective date of the plan for September 22, 
2021.
    (d) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register Office in accordance with U.S.C. 552(a)(1) and 1 CFR part 51. 
The material is available from the sources identified elsewhere in this 
paragraph. It may be inspected or obtained from the EPA Region 2 Office, 
290 Broadway, 25th Floor, New York, New York 10007-1866, 212-637-3378. 
Copies may be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of New York, Department of State, Albany, New York 12231; 
https://dos.ny.gov/state-register.
    (i) 6 NYCRR Part 208: Official Compilation of (New York) Codes, 
Rules and Regulations; Title 6--Environmental Conservation; Part 208--
Landfill Gas Collection and Control Systems for Certain Municipal Solid 
Waste Landfills, effective September 4, 2019.
    (ii) [Reserved]

[86 FR 46991, Aug. 23, 2021]

 Metals, Acid Gases, Organic Compounds, Particulates and Nitrogen Oxide 
 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators



Sec.  62.8105  Identification of plan.

    (a) The New York State Department of Environmental Conservation 
submitted to the Environmental Protection Agency a ``State Plan for 
implementation and enforcement of 40 CFR part 60, subpart CE, Emissions 
Guidelines for Hospitals/Medical/Infectious Waste Incinerators'' on 
September 9, 1998 and supplemented on March 11, May 12, and May 15, 
1999.
    (b) Identification of sources: The plan applies to all existing 
HMIWI facilities for which construction was commenced on or before June 
20, 1996, as described in 40 CFR Part 60, Subpart Ce.
    (c) The effective date for the portion of the plan applicable to 
existing Hospital/Medical/Infectious Waste Incinerators is October 8, 
1999.

[64 FR 43094, Aug. 9, 1999]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                            Incinerator Units



Sec.  62.8106  Identification of plan--negative declaration.

    Letter from the New York State Department of Environmental 
Conservation, submitted February 1, 2001, certifying that there are no 
commercial and industrial solid waste incinerators in the State of New 
York subject to part 60, subpart DDDD of this chapter.

[66 FR 41148, Aug. 7, 2001]

Air Emissions From Existing Small Municipal Waste Combustion Units With 
 The Capacity To Combust At Least 35 Tons Per Day But No More Than 250 
    Tons Per Day Of Municipal Solid Waste Or Refuse Derived Fuel and 
                Constructed on or Before August 30, 1999



Sec.  62.8107  Identification of plan.

    (a) On October 22, 2002, the New York State Department of 
Environmental Conservation submitted to the Environmental Protection 
Agency ``Section 111(d)/129 State Plan for Implementation of Municipal 
Waste Combustor

[[Page 427]]

Emission Guidelines [Title 40 CFR Part 60, Subparts B and BBBB]''
    (b) Identification of sources: The plan applies to all existing 
Small Municipal Waste Combustion Units with the capacity to combust at 
least 35 tons per day but no more than 250 tons per day of municipal 
solid waste or refuse derived fuel and constructed on or before August 
30, 1999.
    (c) The effective date for the portion of the plan applicable to 
existing municipal waste combustor units is May 12, 2003.

[68 FR 11981, Mar. 13, 2003]

      Air Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.8108  Identification of plan.

    (a) On July 1, 2013, the New York State Department of Environmental 
Conservation (NYSDEC) submitted to the Environmental Protection Agency a 
section 111(d)/129 plan for implementation and enforcement of 40 CFR 
part 60, subpart MMMM, Emission Guidelines and Compliance Times for 
Existing Sewage Sludge Incineration Units. On February 28, 2014, the 
NYSDEC submitted clarifying information concerning the State's plan.
    (b) Identification of sources. The plan applies to existing sewage 
sludge incineration (SSI) units that:
    (1) Commenced construction on or before October 14, 2010, or
    (2) Commenced a modification on or before September 21, 2011 
primarily to comply with New York's plan, and
    (3) Meets the definition of a SSI unit defined in New York's plan.
    (c) The effective date of the plan for existing sewage sludge 
incineration units is July 11, 2014.
    (d) On January 27, 2015, the New York State Department of 
Environmental Conservation (NYSDEC) submitted to the Environmental 
Protection Agency (EPA) a request to revise its section 111(d)/129 plan 
for implementation and enforcement of 40 CFR part 60, subpart MMMM--
Emission Guidelines and Compliance Times for Existing Sewage Sludge 
Incineration (SSI) Units submitted on July 1, 2013 and approved by the 
EPA on June 11, 2014 (79 FR 33456). NYSDEC's January 27, 2015 revision 
consisted of a request that EPA withdraw its June 11, 2013 approval of 
the affirmative defense provision as part of its State SSI plan, 
submitted to EPA for approval on July 1, 2013.
    (e) The effective date of EPA's approval of NYSDEC's revised plan 
for existing sewage sludge incineration units is November 25, 2015.

[79 FR 33457, June 11, 2014, as amended at 80 FR 65161, Oct. 26, 2015]

     Air Emissions From Other Solid Waste Incineration (OSWI) Units 
               Constructed on or Before December 16, 2005



Sec.  62.8109  Identification of plan-negative declaration.

    Letter from New York State Department of Environmental Conservation 
submitted November 13, 2006 to Alan J. Steinberg Regional Administrator 
EPA Region 2 certifying that there are no existing OSWI units in the 
State of New York subject to 40 CFR part 60, subpart FFFF.

[81 FR 75710, Nov. 1, 2016]



                        Subpart II_North Carolina

    Authority: Secs. 110(a) and 111(d), Clean Air Act (42 U.S.C. 7410(a) 
and 7411(d)).

    Source: 48 FR 31403, July 8, 1983, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.8350  Identification of plan.

    (a) Identification of plan. North Carolina Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist emissions from existing sulfuric 
acid production units, submitted on October 27, 1978, and November 14, 
1979.
    (2) Control of fluoride emissions from existing primary aluminum 
plants, submitted on April 16, and August 24, 1981.
    (3) Control of total reduced sulfur emissions from existing 
facilities at kraft pulp mills, submitted on May 2, 1980, and September 
24, 1982.

[[Page 428]]

    (4) The following revisions to Title 15 of the North Carolina 
Administrative Code (15 NCAC) were submitted to EPA on July 18, 1986, 
following adoption by the North Carolina Environmental Management 
Commission on November 8, 1984: Revised regulations 2D.0517--Emissions 
From Plants Producing Sulfuric Acid, 2D.0528--Total Reduced Sulfur From 
Kraft Pulp Mills, and 2D.0529--Fluoride Emissions From Primary Aluminum 
Reduction Plants.
    (5) A change to regulation 15 NCAC 2D.0528, Total Reduced Sulfur 
from Kraft Pulp Mills, was submitted to EPA April 14, 1987, following 
adoption by the North Carolina Environmental Management Commission on 
April 9, 1987.
    (6) Revisions to regulations 15 NCAC 2D.0528(c), (f), (g), and (h)--
Total Reduced Sulfur from Kraft Pulp Mills, and 2D.0529 (a) and (c)--
Fluoride Emissions from Primary Aluminum Reduction Plants, were 
submitted by the North Carolina Department of Natural Resources and 
Community Development on May 2, 1988, following adoption by the North 
Carolina Environmental Management Commission on April 14, 1988.
    (7) Regulation 1-144, Particulate Matter and Reduced Sulfur 
Emissions from Pulp and Paper Mills, except 1-144(f) and (g) for the 
Western North Carolina portion of the North Carolina SIP submitted on 
June 14, 1990.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid plants.
    (2) Primary aluminum plants.
    (3) Kraft pulp mills.

[48 FR 31403, July 8, 1983, as amended at 51 FR 41788, Nov. 19, 1986; 53 
FR 31863, Aug. 22, 1988; 53 FR 49882, Dec. 12, 1988; 57 FR 4738, Feb. 7, 
1992]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.8351  Identification of sources.

    The plan applies to existing facilities at the following sulfuric 
acid plants:
    (a) Sulfur-burning plants operated by:
    (1) Texasgulf Inc. in Beaufort County,
    (2) Swift Agricultural Chemical Company in Brunswick County,
    (3) USS Agri-Chemicals in Brunswick County,
    (4) Wright Chemical Corporation in Columbus County, and
    (5) Northeast Chemical Company in New Hanover County.
    (b) There are no oleum plants.
    (c) There are no bound sulfur feedstock plants.

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.8352  Identification of sources.

    (a) The plan applies to the following existing primary aluminum 
plant facilities.
    (1) Two potlines of prebake cells at the Badin (Stanly County) plant 
of the Aluminum Corporation of America.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.8353  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (a) Federal Paper Board in Riegelwood,
    (b) Hoerner-Waldorf in Roanoke Rapids,
    (c) Champion International in Canton,
    (d) Weyerhaeuser in New Bern, and
    (e) Weyerhaeuser in Plymouth.

[43 FR 51393, Nov. 3, 1978, as amended at 57 FR 4738, Feb. 7, 1992]

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                                  Units



Sec.  62.8354  Identification of plan--negative declaration.

    Letters from Forsyth County, Mecklenburg County, and Buncombe 
County, North Carolina were submitted on November 25, 2002, January 22, 
2003 and November 6, 2002, respectively, certifying that there are no 
Commercial and Industrial Solid Waste Incineration units subject to 40 
CFR part 60, subpart DDDD.

[70 FR 9230, Feb. 25, 2005]

[[Page 429]]

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                 (CISWI) Units--Section 111(d)/129 Plan



Sec.  62.8355  Identification of sources.

    The Plan applies to existing Commercial and Industrial Solid Waste 
Incineration Units that Commenced Construction On or Before November 30, 
1999.

[70 FR 56856, Sept. 29, 2005]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
              Incinerators (HMIWI)--Section 111(d)/129 Plan



Sec.  62.8356  Identification of plan--negative declaration.

    (a) Letter from Forsyth County Environmental Affairs Department, NC, 
submitted on June 2, 1999, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60, 
subpart Ce in its jurisdictions.
    (b) Letter from Western North Carolina Regional Air Quality Agency 
submitted on October 5, 2007, certifying that there are no Hospital/
Medical/Infectious Waste Incinerator units subject to 40 CFR part 60, 
subpart Ce in its jurisdiction.

[74 FR 27721, June 11, 2009, as amended at 76 FR 22824, Apr. 25, 2011]

  Air Emissions From Existing Large Municipal Waste Combustors (LMWC)--
                         Section 111(d)/129 Plan



Sec.  62.8357  Identification of plan--negative declaration.

    Letters from Forsyth County Environmental Affairs Department, 
Mecklenburg County Land Use and Environmental Services Agency, and 
Western North Carolina Regional Air Quality Agency submitted on February 
17, 2010, August 19, 2009, and October 5, 2007, respectively, certifying 
that there are no Large Municipal Waste Combustor units subject to 40 
CFR part 60, subpart Cb in their respective jurisdictions.

[76 FR 22824, Apr. 25, 2011]

  Air Emissions From Existing Small Municipal Waste Combustors (SMWC)--
                         Section 111(d)/129 Plan



Sec.  62.8359  Identification of plan--negative declaration.

    Letters from Forsyth County Environmental Affairs Department, 
Mecklenburg County Land Use and Environmental Services Agency, and 
Western North Carolina Regional Air Quality Agency submitted on February 
17, 2010, January 22, 2003, and October 5, 2007, respectively, 
certifying that there are no Small Municipal Waste Combustor units 
subject to 40 CFR part 60, subpart BBBB in their respective 
jurisdictions.

[76 FR 22824, Apr. 25, 2011]

   Air Emissions From Existing Other Solid Waste Incinerators (OSWI)--
                         Section 111(d)/129 Plan



Sec.  62.8361  Identification of plan--negative declaration.

    Letters from Forsyth County Environmental Affairs Department, 
Mecklenburg County Land Use and Environmental Services Agency, and 
Western North Carolina Regional Air Quality Agency submitted on February 
17, 2010, August 19, 2009, and October 5, 2007, respectively, certifying 
that there are no Other Solid Waste Incinerator units subject to 40 CFR 
part 60, subpart FFFF in their respective jurisdictions.

[76 FR 22824, Apr. 25, 2011]

 Air Emissions From Existing Sewage Sludge Incinerators (SSI)--Section 
                             111(d)/129 Plan



Sec.  62.8362  Identification of plan--North Carolina Department of
Environmental Quality.

    (a) Delegation of authority. On April 2, 2018, the EPA signed a 
Memorandum of Agreement (MOA) that defines policies, responsibilities, 
and procedures pursuant to 40 CFR part 62, subpart LLL (the ``Federal 
plan'') by which the Federal plan will be administered by the North 
Carolina Department of Environmental Quality (NCDEQ).
    (b) Identification of sources. The MOA and related Federal plan 
apply to all affected SSI units for which construction commenced on or 
before October 14, 2010.

[[Page 430]]

    (c) Effective date of delegation. The delegation became fully 
effective on April 2, 2018, the effective date of the MOA between the 
EPA and the NCDEQ.

[83 FR 19186, May 2, 2018]



Sec.  62.8363  Identification of plan--Western North Carolina Regional
Air Quality Agency.

    (a) Delegation of authority. On April 2, 2018, the EPA signed a 
Memorandum of Agreement (MOA) that defines policies, responsibilities, 
and procedures pursuant to 40 CFR part 62, subpart LLL (the ``Federal 
plan'') by which the Federal plan will be administered by the Western 
North Carolina Regional Air Quality Agency (WNCRAQA).
    (b) Identification of sources. The MOA and related Federal plan 
apply to all affected SSI units for which construction commenced on or 
before October 14, 2010.
    (c) Effective date of delegation. The delegation became fully 
effective on April 2, 2018, the effective date of the MOA between the 
EPA and the WNCRAQA.

[83 FR 19186, May 2, 2018]



                         Subpart JJ_North Dakota

    Source: 62 FR 65619, Dec. 15, 1997, unless otherwise noted.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.8600  Identification of plan.

    Section 111(d) State Plan for Municipal Solid Waste Landfills and 
the associated State regulations contained in the North Dakota 
Administrative Code (NDAC) at 33.1-15-12-02, subpart Cf (incorporated by 
reference, see Sec.  62.8700), submitted by the State on July 28, 2020.

[86 FR 35408, July 6, 2021]



Sec.  62.8601  Identification of sources.

    The plan applies to all existing municipal solid waste landfills 
under the jurisdiction of the North Dakota Department of Environmental 
Quality for which construction, reconstruction, or modification was 
commenced on or before July 17, 2014, and are subject to the 
requirements of 40 CFR part 60, subpart Cf.

[86 FR 35408, July 6, 2021]



Sec.  62.8602  Effective date.

    The effective date of the plan for existing municipal solid waste 
landfills is August 5, 2021.

[86 FR 35408, July 6, 2021]

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

    Source: Sections 62.8610 through 62.8612 appear at 64 FR 44421, Aug. 
16, 1999, unless otherwise noted.



Sec.  62.8610  Identification of plan--Negative declaration.

    The State of North Dakota submitted a letter on May 8, 2019 
certifying that there are no designated facilities subject to the 
emission guidelines for existing hospital medical infectious waste 
incinerators under 40 CFR part 60, subpart Ce operating within the 
State's jurisdiction.

[86 FR 35408, July 6, 2021]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.8620  Identification of plan--negative declaration.

    Letter from the North Dakota Department of Health submitted February 
26, 2015, certifying that there are no existing large municipal waste 
combustion units within the State of North Dakota that are subject to 
part 60, subpart Cb, of this chapter.

[82 FR 44742, Sept. 26, 2017]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators



Sec.  62.8630  Identification of plan.

    Amended section 111(d)/129 State Plan for Commercial and Industrial 
Solid Waste Incineration Units and the associated State regulations 
contained in the North Dakota Administrative Code (NDAC) at 33.1-15-12-
02, subpart DDDD (incorporated by reference, see

[[Page 431]]

Sec.  62.8700), submitted by the State on July 28, 2020.

[86 FR 35408, July 6, 2021]



Sec.  62.8631  Identification of sources.

    The plan applies to all existing commercial and industrial solid 
waste incineration units and air curtain incinerators under the 
jurisdiction of the North Dakota Department of Environmental Quality for 
which construction commenced on or before June 4, 2010, or for which 
modification or reconstruction commenced no later than August 7, 2013, 
and are subject to the requirements of 40 CFR part 60, subpart DDDD.

[86 FR 35408, July 6, 2021]



Sec.  62.8632  Effective date.

    The effective date of the plan for existing commercial and 
industrial solid waste incineration units is August 5, 2021.

[86 FR 35408, July 6, 2021]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.8640  Identification of plan--negative declaration.

    Letter from North Dakota Department of Health submitted to EPA on 
November 27, 2012, certifying that there are no known existing sewage 
sludge incineration units in the State of North Dakota.

[80 FR 10610, Feb. 27, 2015]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.8650  Identification of plan--negative declaration.

    Letter from the North Dakota Department of Health submitted November 
27, 2001, certifying that there are no existing small municipal waste 
combustion units within the State of North Dakota that are subject to 
part 60, subpart BBBB, of this chapter.

[82 FR 44742, Sept. 26, 2017]

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.8660  Identification of plan--negative declaration.

    Letter from the North Dakota Department of Health submitted 
September 20, 2006, certifying that there are no existing other solid 
waste incineration units within the State of North Dakota that are 
subject to part 60, subpart FFFF, of this chapter.

[82 FR 44742, Sept. 26, 2017]

                       Incorporation by Reference



Sec.  62.8700  Incorporation by reference.

    (a) The material incorporated by reference in this subpart was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. The material may be inspected or 
obtained from the EPA Region 8 office, 1595 Wynkoop Street, Denver, CO 
80202-1129, 303-312-6312 or from the other sources listed in this 
section. It may also be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (b) State of North Dakota, Legislative Council, 600 E Boulevard 
Ave., Bismarck, ND 58505-0360, (701) 328-2916, https://legis.nd.gov/
agency-rules/north-dakota-administrative-code; North Dakota 
Administrative Code (NDAC).
    (1) NDAC 33.1-15-12-02, subpart Cf., Title 33.1 North Dakota 
Department of Environmental Quality, Article 33.1-15 Air Pollution 
Control, Chapter 33.1-15-12--Standards of Performance for New Stationary 
Sources, Section 33.1-15-12-02 Standards of performance, Subpart Cf--
Emission guidelines and compliance times for municipal solid waste 
landfills, effective July 1, 2020; IBR approved for Sec.  62.8600.
    (2) NDAC 33.1-15-12-02, subpart DDDD. Title 33.1 North Dakota 
Department of Environmental Quality, Article 33.1-15 Air Pollution 
Control, Chapter 33.1-15-12--Standards of Performance for New Stationary 
Sources, Section 33.1-15-12-02 Standards of performance, Subpart DDDD--
Emission guidelines and compliance times commercial

[[Page 432]]

and industrial solid waste incineration units, effective July 1, 2020; 
IBR approved for Sec.  62.8630.

[86 FR 35408, July 6, 2021]



                             Subpart KK_Ohio

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.8850  Identification of plan--negative declaration.

    The Ohio Environmental Protection Agency submitted on December 1, 
1977, (resubmitted on April 1, 1985, and April 25, 1985) a letter 
certifying that there are no existing phosphate fertilizer plants in the 
State subject to part 60, subpart B of this chapter.

[50 FR 41137, Oct. 9, 1985]

Emissions From Small Municipal Waste Combustion Units With the Capacity 
To Combust at Least 35 Tons Per Day of Municipal Solid Waste But No More 
      Than 250 Tons Per Day of Municipal Solid Waste and Commenced 
                Construction on or Before August 30, 1999



Sec.  62.8855  Identification of plan--negative declaration.

    On July 25, 2002, the State of Ohio certified to the satisfaction of 
the United States Environmental Protection Agency that no sources 
categorized as small Municipal Waste Combustors are located in the State 
of Ohio.

[67 FR 61272, Sept. 30, 2002]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.8860  Identification of plan--disapproval.

    On December 7, 1984, and April 23, 1986, Ohio submitted its plan for 
controlling total reduced sulfur from existing kraft pulp mills, 
including Rules 3745-73-01, 02, 03, and 04. The plan is being 
disapproved because:
    (a) The requirements of Sec.  60.24(f) of this chapter are not met 
because the State failed to justify the application of emission 
standards less stringent than the Federal emission standards. 
Additionally, USEPA does not have a bubble policy applicable to 111(d) 
plans.
    (b) The plan does not contain monitoring requirements to ensure 
proper operation and maintenance of the affected facility as required by 
Sec.  60.25(b) of this chapter.

[55 FR 19884, May 14, 1990]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.8870  Identification of plan.

    The Ohio State Implementation Plan for implementing the Federal 
Municipal Solid Waste Landfill Emission Guidelines including Ohio 
Administrative Code (OAC) Rules 3745-76-01 through 3745-76-15 was 
submitted on March 30, 1998.

[63 FR 42238, Aug. 7, 1998]



Sec.  62.8871  Identification of sources.

    The plan applies to all existing municipal solid waste landfills for 
which construction, reconstruction or modification was commenced before 
May 30, 1991 that accepted waste at any time since November 8, 1987 or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[63 FR 42238, Aug. 7, 1998]



Sec.  62.8872  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is October 6, 1998.

[63 FR 42238, Aug. 7, 1998]

  Emissions From Hospital, Medical, and Infectious Waste Incinerators 
                                 (HMIWI)



Sec.  62.8880  Identification of plan.

    On January 24, 2018, the Ohio Environmental Protection Agency 
submitted a letter to EPA certifying that there is only one Hospital/
Medical/Infectious Waste Incinerator unit in the State of Ohio subject 
to the emissions guidelines at 40 CFR part 60, subpart DDDD and 
requesting that the Federal Plan at 40 CFR part 62, subpart HHH apply.

[83 FR 35424, July 26, 2018]

[[Page 433]]



                           Subpart LL_Oklahoma

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.9100  Identification of plan.

    (a) Identification of plan. Oklahoma Plan for Control of Designated 
Pollutants from Existing Facilities (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from existing sulfuric acid 
production plants submitted on December 5, 1985, with the corresponding 
regulation submitted by the Governor of Oklahoma on March 31, 1986.
    (2) Control of total reduced sulfur from existing kraft pulp mills 
was submitted on November 17, 1987, and supplemented on June 1, 1988.
    (3) Oklahoma State Plan for Existing Large Municipal Waste 
Combustors, submitted on July 10, 1998, by the Oklahoma Department of 
Environmental Quality.
    (4) Control of landfill gas emissions from existing municipal solid 
waste landfills, submitted by the Oklahoma Department of Environmental 
Quality on December 18, 1998.
    (5) Control of air emissions from designated hazardous/medical/
infectious waste incinerators, submitted by the Oklahoma Department of 
Environmental Quality on November 17, 1999 (OAC 252:100-17, Part 7).
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources.
    (1) Sulfuric acid production plants.
    (2) Kraft pulp mills.
    (3) Existing municipal waste combustors.
    (4) Municipal solid waste landfills.
    (5) Hazardous/medical/infectious waste incinerators.
    (6) Commercial and industrial solid waste incineration units.

[52 FR 3229, Feb. 3, 1987, as amended at 54 FR 24905, June 12, 1989; 63 
FR 59890, Nov. 6, 1998; 64 FR 13519, Mar. 19, 1999; 65 FR 25449, May 2, 
2000; 70 FR 57769, Oct. 4, 2005]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.9110  Identification of sources.

    (a) Identification of sources. The plan includes the following 
sulfuric acid production plants.
    (1) National Zinc Co. in Bartlesville, Oklahoma.
    (2) Tulsa Chemical Co. in Tulsa, Oklahoma.

[52 FR 3230, Feb. 3, 1987]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.9120  Identification of plan--negative declaration.

    The State Department of Health submitted on October 25, 1977, a 
letter certifying that there are no existing phosphate fertilizer plants 
in the State subject to part 60, subpart B of this chapter.

[43 FR 51393, Nov. 3, 1978. Redesignated at 52 FR 3229, Feb. 3, 1987]

         Emissions From Existing Sewage Sludge Incinerator Units



Sec.  62.9121  Identification of sources--negative declaration.

    Letter from the Oklahoma Department of Environmental Quality, dated 
November 14, 2011, certifying that there are no known existing sewage 
sludge incineration (SSI) units subject to 40 CFR part 60, subpart MMMM, 
within its jurisdiction.

[80 FR 24222, Apr. 30, 2015]

             Fluoride Emissions From Primary Aluminum Plants



Sec.  62.9130  Identification of plan--negative declaration.

    The Oklahoma State Department of Health submitted a letter on March 
3, 1983, certifying that there are no existing primary aluminum 
reduction plants in the State of Oklahoma subject to 40 CFR part 60, 
subpart B, of this chapter.

[48 FR 29854, June 29, 1983. Redesignated at 52 FR 3229, Feb. 3, 1987]

[[Page 434]]

           Total Reduced Sulfur From Existing Kraft Pulp Mills



Sec.  62.9140  Identification of source.

    The plan includes the following kraft pulp mill:
    (a) Weyerhaeuser Paper Company in Valliant, Oklahoma.

[54 FR 24905, June 12, 1989]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors with the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.9150  Identification of sources.

    The plan applies to existing facilities with a municipal waste 
combustor (MWC) unit capacity greater than 250 tons per day of municipal 
solid waste (MSW) at the following MWC site: Ogden-Martin Systems of 
Tulsa, Incorporated, 2122 South Yukon Avenue, Tulsa, OK 74107.

[63 FR 59890, Nov. 6, 1998]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.9160  Identification of sources.

    The plan applies to existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991, that accepted waste at any time since November 8, 1987, or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[64 FR 13519, Mar. 19, 1999]

   Air Emissions From Hazardous/Medical/Infectious Waste Incinerators



Sec.  62.9170  Identification of sources.

    The plan applies to existing hazardous/medical/infectious waste 
incinerators for which construction, reconstruction, or modification was 
commenced before June 20, 1996, as described in 40 CFR part 60, subpart 
Ce.

[65 FR 25449, May 2, 2000]

                             Effective Date.



Sec.  62.9171  Effective date.

    The effective date for the portion of the plan applicable to 
existing hazardous/medical/infectious waste incinerators is July 3, 
2000.

[65 FR 25449, May 2, 2000]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.9180  Identification of sources--negative declaration.

    Letter from the Oklahoma Department of Environmental Quality dated 
October 2, 2001, certifying that there are no existing small municipal 
waste combustion units subject to 40 CFR part 60, subpart BBBB, under 
its jurisdiction in the State of Oklahoma.

[68 FR 35303, June 13, 2003]

    Existing Commercial and Industrial Solid Waste Incineration Units

    Source: Sections 62.9190 and 62.9191 appear at 70 FR 57769, Oct. 4, 
2005, unless otherwise noted.



Sec.  62.9190  Identification of sources.

    (a) The plan applies to the following existing commercial and 
industrial solid waste incineration units:
    (a) A&A Enterprises, Ardmore, Oklahoma.
    (b) Henryetta Pallet Company, Henryetta, Oklahoma.
    (c) Oklahoma AAA Pallet Co., Inc., Oklahoma City, Oklahoma.
    (d) Simer Pallet Recycling, Inc., Chickasha, Oklahoma.



Sec.  62.9191  Effective date.

    The effective date of this portion of the State's plan applicable to 
existing commercial and industrial solid waste incineration units is 
December 5, 2005.



                            Subpart MM_Oregon

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.9350  Identification of plan.

    (a) Identification of plan. Oregon Designated Facility Plan (Section 
111(d) Plan).

[[Page 435]]

    (b) The plan was officially submitted as follows:
    (1) Control of fluoride emissions from phosphate fertilizer plants, 
submitted by the Oregon State Department of Environmental Quality on 
June 1, 1977.
    (2) Control of sulfuric acid mist emissions from sulfuric acid 
production units, submitted by the Oregon State Department of 
Environmental Quality on January 27, 1978.
    (3) Control of fluoride emissions from primary aluminum reduction 
plants, submitted by the Oregon State Department of Environmental 
Quality on January 13, 1981 and August 9, 1982.
    (4) Control of metals, acid gases, organic compounds and nitrogen 
oxide emissions from existing municipal waste combustors was submitted 
by Oregon Department of Environmental Quality on December 31, 1996.
    (5) Control of emissions from existing municipal solid waste 
landfills was submitted by Oregon Department of Environmental Quality on 
August 2, 2019, amending a plan previously submitted on May 14, 1997 and 
approved by the EPA on June 26, 1998.
    (6) Control of metals, acid gases, organic compounds, particulates 
and nitrogen oxide emissions from existing Hospital/Medical/Infectious 
Waste Incinerators was submitted by the Oregon Department of 
Environmental Quality on October 20, 1998, and November 6, 1998.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Phosphate fertilizer plants.
    (2) Sulfuric acid production units.
    (3) Primary aluminum reduction plants.
    (4) Existing municipal waste combustors.
    (5) Existing municipal solid waste landfills.
    (6) Existing Hospital/Medical/Infectious Waste Incinerators.

[48 FR 11118, Mar. 16, 1983, as amended at 62 FR 36997, July 10, 1997; 
63 FR 34818, June 26, 1998; 65 FR 21362, Apr. 21, 2000; 85 FR 63449, 
Oct. 8, 2020]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.9360  Identification of sources.

    The plan applies to existing facilities at the following primary 
aluminum reduction plants:
    (a) Reynolds Metals Company in Troutdale, Oregon
    (b) Martin-Marietta in The Dalles, Oregon.

[48 FR 11118, Mar. 16, 1983]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.9500  Identification of sources.

    The Oregon State Department of Environmental Quality submitted on 
June 1, 1977, certification that there are no existing phosphate 
fertilizer plants in the State subject to part 60, subpart B of this 
chapter.

[44 FR 76281, Dec. 26, 1979. Redesignated and amended at 48 FR 11118, 
Mar. 16, 1983]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec.  62.9501  Identification of sources.

    The Oregon State Deparetment of Environmental Quality submitted on 
January 27, 1978, certification that there are no existing sulfuric acid 
plants in the State subject to part 60, subpart B of this chapter.

[44 FR 76281, Dec. 26, 1979. Redesignated and amended at 48 FR 11118, 
Mar. 16, 1983]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.9505  Identification of sources.

    The plan applies to existing facilities at the following municipal 
waste combustor sites:
    (a) Ogden Martin Systems, Marion County, Oregon.
    (b) [Reserved]

[62 FR 36997, July 10, 1997; 62 FR 48950, Sept. 18, 1997]

[[Page 436]]

 Control of Landfill Gas Emissions From Existing Municipal Solid Waste 
                                Landfills



Sec.  62.9510  Identification of plan.

    (a) The plan for the control of emissions from existing municipal 
solid waste landfills, submitted by the Oregon Department of 
Environmental Quality on May 14, 1997, to implement the emission 
guideline of 40 CFR part 60, subpart Cc, applies to all existing MSW 
landfill facilities in Oregon meeting the requirements as stated in 
their State regulations.
    (b) The plan for the control of emissions from existing municipal 
solid waste landfills, submitted by the Oregon Department of 
Environmental Quality on August 2, 2019, to implement the emission 
guideline of 40 CFR part 60, subpart Cf, applies to all existing MSW 
landfill facilities in Oregon for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014. The plan includes 
the regulatory provisions cited in paragraph (d)(2) of this section, 
which the EPA incorporates by reference.
    (c) After November 9, 2020, the substantive requirements of the 
municipal solid waste landfills state plan are contained in paragraph 
(b) of this section and owners and operators of municipal solid waste 
landfills in Oregon must comply with the requirements in paragraph (b) 
of this section.
    (d)(1) The material incorporated by reference in this section was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain copies from the EPA 
Docket Center--Public Reading Room, EPA West Building, Room 3334, 1301 
Constitution Avenue NW, Washington, DC 20004 or U.S. EPA, Region 10 
office by calling 206-553-1200. The telephone number for the Public 
Reading Room is (202) 566-1744. You may inspect the material at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, email [email protected] 
or go to: www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of Oregon, Secretary of State, Oregon Administrative 
Rules, https://secure.sos.state.or.us/oard/processLogin.action;
    (i) OAR 340-236-0500: Oregon Administrative Rules; Chapter 340, 
Oregon Department of Environmental Quality; Division 236, Emission 
Standards for Specific Industries; Rule 0500, Solid Waste Landfills: 
Emission Standards for Municipal Solid Waste Landfills, effective July 
19, 2019.
    (ii) [Reserved]

[85 FR 63449, Oct. 8, 2020]



Sec.  62.9511  Identification of sources.

    The plan in Sec.  62.9510(b) applies to all existing municipal solid 
waste landfills in the state of Oregon, excluding Indian Country, for 
which construction, reconstruction, or modification was commenced on or 
before July 17, 2014.

[85 FR 63449, Oct. 8, 2020]



Sec.  62.9512  Effective date.

    The effective date of the plan submitted on August 2, 2019 by the 
Oregon Department of Environmental Quality for municipal solid waste 
landfills is November 9, 2020.

[85 FR 63449, Oct. 8, 2020]

 Metals, Acid Gases, Organic Compounds, Particulates and Nitrogen Oxide 
 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators



Sec.  62.9515  Identification of sources--Negative declaration.

    On October 20, 1998, and November 6, 1998, the Oregon Department of 
Environmental Quality submitted a letter certifying that there are no 
existing Hospital/Medical/Infectious Waste Incinerators in the State 
subject to the Emission Guidelines under part 60, subpart B, of this 
chapter.

[65 FR 21363, Apr. 21, 2000]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.9520  Identification of plan--negative declaration.

    Letter from the Oregon Department of Environmental Quality, 
submitted on July 2, 2014, certifying that there are no existing sewage 
sludge incineration units subject to 40 CFR part 60,

[[Page 437]]

subpart MMMM within its jurisdiction or the jurisdiction of the Lane 
Regional Air Protection Agency.

[80 FR 5485, Feb. 2, 2015]



                         Subpart NN_Pennsylvania

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.9600  Identification of plan--negative declaration.

    (a) The Pennsylvania Department of Environmental Resources submitted 
on December 1, 1977, a letter certifying that there are no existing 
phosphate fertilizer plants in the State subject to part 60, subpart B 
of this chapter.
    (b) The Allegheny County Bureau of Air Pollution Control submitted a 
letter on August 18, 1978 certifying that there are no phosphate 
fertilizer plants in the County subject to part 60, subpart B of this 
chapter.
    (c) The City of Philadelphia Air Management Services submitted on 
February 22, 1985, a letter certifying that there are no existing 
phosphate fertilizer plants in the City subject to part 60, subpart B of 
this chapter.

[47 FR 5900, Feb. 9, 1982, as amended at 50 FR 47734, Nov. 20, 1985]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec.  62.9601  Identification of plan.

    (a) The Allegheny County Bureau of Air Pollution Control submitted a 
letter on August 18, 1978 certifying that there are no sulfuric acid 
plants in the County subject to part 60, subpart B of this chapter.
    (b) A plan for the control of sulfuric acid mist emissions from 
existing sulfuric acid plants in the Commonwealth of Pennsylvania, 
submitted on May 30, 1978 and supplemented on August 17, 1981.
    (c) The City of Philadelphia Air Management Services submitted on 
February 22, 1985, a letter certifying that there are no existing 
sulfuric acid plants in the City subject to part 60, subpart B of this 
chapter.

[47 FR 5900, Feb. 9, 1982, as amended at 50 FR 47735, Nov. 20, 1985]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.9610  Identification of plan--negative declaration

    (a) The Allegheny County Bureau of Air Pollution Control submitted a 
letter on February 14, 1985, certifying that there are no kraft pulp 
mills in the County subject to part 60, subpart B of this chapter.
    (b) The City of Philadelphia Air Management Services submitted on 
February 22, 1985, a letter certifying that there are no existing kraft 
pulp mills in the City subject to part 60, subpart B of this chapter.

[50 FR 47735, Nov. 20, 1985]



Sec.  62.9611  Identification of plan--Pennsylvania.

    (a) Title of Plan. Commonwealth of Pennsylvania Plan under section 
111(d) for Designated Pollutants from Existing Facilities--Kraft Pulp 
Mills.
    (b) The plan was officially submitted by the Pennsylvania Department 
of Environmental Resources on July 19, 1988, with revisions submitted on 
January 11, 1991, and August 15, 1991.
    (c) Identification of sources. The Plan includes the following kraft 
pulp mills:
    (1) Appleton Papers--Roaring Spring, Blair County
    (2) P.H. Gladfelter--Spring Grove, York County
    (3) Penntech Papers--Johnsonburg, Elk County

[64 FR 57784, Oct. 27, 1999]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.9620  Identification of plan--negative declaration.

    The Secretary, Department of Environmental Resources submitted on 
November 3, 1980, a letter certifying there are no primary aluminum 
plants in the Commonwealth of Pennsylvania subject to part 60, subpart B 
of this chapter.

[46 FR 41783, Aug. 18, 1981]

[[Page 438]]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills 
                          (Section 111(d) Plan)



Sec.  62.9630  Identification of plan.

    Section 111(d) plan for municipal solid waste landfills and the 
associated Allegheny County Health Department Regulation in Article XXI, 
Sec.  2105.73, as submitted on October 23, 1997, by the Commonwealth of 
Pennsylvania.

[64 FR 13077, Mar. 17, 1999]



Sec.  62.9631  Identification of sources.

    The plan applies to all Allegheny County, Pennsylvania, existing 
municipal solid waste landfills for which construction, reconstruction, 
or modification was commenced before May 30, 1991 and that has accepted 
waste at any time since November 8, 1987 or that has additional capacity 
available for future waste deposition, as described in 40 CFR part 60, 
subpart Cc.

[64 FR 13077, Mar. 17, 1999]



Sec.  62.9632  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is April 16, 1999.

[64 FR 13078, Mar. 17, 1999]



Sec.  62.9633  Identification of plan--negative declaration.

    Letter from the City of Philadelphia, Department of Public Health, 
submitted March 15, 2018 and amended by email on May 1, 2020, certifying 
that there are no existing municipal solid waste landfills in the City 
of Philadelphia that are subject to 40 CFR part 60, subpart Cf.

[85 FR 74890, Nov. 24, 2020]



Sec.  62.9635  Identification of plan.

    Section 111(d) plan for municipal solid waste landfills, as 
submitted on July 1, 1997, and as amended through April 9, 2003 by the 
Pennsylvania Department of Environmental Protection. The plan excludes 
the geographical areas under the authority of Allegheny County and the 
City of Philadelphia.

[68 FR 74870, Dec. 29, 2003]



Sec.  62.9636  Identification of sources.

    The plan applies to existing Pennsylvania landfills for which 
construction, reconstruction, or modification was commenced before May 
30, 1991, that accepted waste at any time since November 8, 1987, or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[68 FR 74870, Dec. 29, 2003]



Sec.  62.9637  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is January 28, 2004.

[68 FR 74870, Dec. 29, 2003]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
 Existing Municipal Waste Combustors With a Unit Capacity Greater Than 
                            250 Tons Per Day

    Source: Sections 62.9640 through 62.9642 appear at 64 FR 45884, Aug. 
23, 1999, unless otherwise noted.



Sec.  62.9640  Identification of plan.

    The 111(d)/129 plan for municipal waste combustors (MWC) units with 
a capacity greater than 250 tons per day (TPD) and the associated 
Pennsylvania Department of Environmental Protection operating permits 
that were submitted to EPA on April 27, 1998, and as amended on 
September 8, 1998, and July 7, 2000, including supplemental information 
dated August 15, 2000. All affected facilities must achieve full 
compliance with all 111(d)/129 plan requirements on or before December 
19, 2000.

[66 FR 43511, Aug. 20, 2001]



Sec.  62.9641  Identification of sources.

    The plan applies to all existing MWC facilities with a MWC unit 
capacity greater than 250 TPD of municipal solid waste.



Sec.  62.9642  Effective dates.

    (a) The effective date of the submitted 1998 111(d)/129 plan is 
October 22, 1999.

[[Page 439]]

    (b) The effective date of the submitted 2000 111(d)/129 plan 
revision is October 4, 2001.

[66 FR 43511, Aug. 20, 2001]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste

    Source: Sections 62.9643 and 62.9644 appear at 65 FR 33467, May 24, 
2000, unless otherwise noted.



Sec.  62.9643  Identification of plan--negative declaration.

    Letter from the Allegheny County Health Department submitted March 
14, 1996 certifying that there are no existing municipal waste combustor 
units in Allegheny County that are subject to part 60, subpart Cb, of 
this chapter.



Sec.  62.9644  Identification of plan--negative declaration.

    Letter from the City of Philadelphia Department of Public Health 
submitted February 14, 1997 certifying that there are no existing 
municipal waste combustor units in the City of Philadelphia that are 
subject to part 60, subpart Cb, of this chapter.

     Emissions From Existing Small Municipal Waste Combustion Units

    Source: 68 FR 51, Jan. 2, 2003, unless otherwise noted.



Sec.  62.9645  Identification of plan--negative declaration.

    Letter from the Allegheny County Health Department submitted 
November 21, 2001, certifying that there are no existing small municipal 
waste combustion units within Allegheny County, Pennsylvania that are 
subject to 40 CFR part 60, subpart BBBB.



Sec.  62.9646  Identification of plan--negative declaration.

    Letter from the City of Philadelphia, Department of Public Health, 
submitted February 9, 2001, certifying that there are no existing small 
municipal waste combustion units within the City of Philadelphia, 
Pennsylvania that are subject to 40 CFR part 60, subpart BBBB.

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.9647  Identification of plan--negative declaration.

    October 30, 2003 letter from the Pennsylvania Department of 
Environmental Protection, Bureau of Air Quality, certifying that there 
are no existing small municipal waste combustion units within 
Pennsylvania, excluding Allegheny and Philadelphia counties, that are 
subject to 40 CFR part 60, subpart BBBB.

[69 FR 10167, Mar. 4, 2004]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                   (HMIWIs) (Section 111(d)/129 Plan)

    Source: Sections 62.9650 through 62.9652 appear at 67 FR 22359, May 
3, 2002, unless otherwise noted.



Sec.  62.9650  Identification of plan.

    Section 111(d)/129 plan for designated HMIWIs and the associated 
state issued air quality construction and operating permits, as 
submitted on October 26, 1998, amended December 3, 1999, May 4, August 
9, and October 22, 2001.



Sec.  62.9651  Identification of sources.

    The plan applies to all existing HMIWIs located in Pennsylvania, 
excluding Allegheny County, for which construction was commenced on or 
before June 20, 1996.



Sec.  62.9652  Effective date.

    The effective date of the plan is June 17, 2002.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                   (HMIWIs) (Section 111(d)/129 Plan)

    Source: Sections 62.9660 through 62.9662 appear at 65 FR 18252, Apr. 
7, 2000, unless otherwise noted.



Sec.  62.9660  Identification of plan.

    Section 111(d)/129 plan for HMIWIs and the associated Allegheny 
County

[[Page 440]]

Health Department (ACHD) regulations, as submitted on June 24, 1999.



Sec.  62.9661  Identification of sources.

    The plan applies to all Allegheny County, Pennsylvania existing 
HMIWI for which construction was commenced on or before June 20, 1996.



Sec.  62.9662  Effective date.

    The effective date of the plan is June 6, 2000.

[65 FR 18252, Apr. 7, 2000; 65 FR 34104, May 26, 2000]



Sec.  62.9663  Identification of plan--negative declaration.

    Letter from the City of Philadelphia, Department of Public Health, 
submitted August 2, 2011, certifying that there are no existing 
hospital/medical/infectious waste incinerator units within the City of 
Philadelphia, Pennsylvania that are subject to 40 CFR part 60, subpart 
Ce.

[82 FR 47400, Oct. 12, 2017]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.9665  Identification of plan--negative declaration.

    Letter from the City of Philadelphia, Department of Public Health, 
submitted March 28, 2012, certifying that there are no existing sewage 
sludge incineration units within the City of Philadelphia, Pennsylvania 
that are subject to 40 CFR part 60, subpart MMMM.

83 FR 11420, Mar. 15, 2018]

 Emissions From Existing Commercial/Industrial Solid Waste Incineration 
                                  Units



Sec.  62.9670  Identification of plan--negative declaration.

    (a) Letter from the City of Philadelphia, Department of Public 
Health, submitted February 9, 2001, certifying that there are no 
existing commercial/industrial solid waste incineration units within the 
City of Philadelphia, Pennsylvania that are subject to 40 CFR part 60, 
subpart DDDD.
    (b) Letter from the City of Philadelphia, Department of Public 
Health, submitted March 4, 2015, as amended February 4, 2016, certifying 
that there are no existing commercial/industrial solid waste 
incineration units within the City of Philadelphia, Pennsylvania that 
are subject to 40 CFR part 60, subpart DDDD.

[82 FR 20278, May 1, 2017]

 Emissions From Existing Commercial Industrial Solid Waste Incinerators 
       (CISWI) Units--Section 111(d)/129 Federal Plan Delegations

    Source: Sections 62.9675 through 62.9677 and 62.9680 through 62.9682 
appear at 70 FR 10492, Mar. 4, 2005, unless otherwise noted.



Sec.  62.9675  Identification of plan--delegation of authority.

    On October 14, 2004, EPA signed a Memoranda of Agreement (MOA) that 
defines policies, responsibilities, and procedures pursuant to 40 CFR 
part 62, Subpart III (the ``Federal plan'') by which the Federal plan 
will be administered by the PADEP on behalf of EPA.



Sec.  62.9676  Identification of sources.

    The MOA and related Federal plan apply to all affected CISWI units 
for which construction commenced on or before November 30, 1999.



Sec.  62.9677  Effective date of delegation.

    The delegation became fully effective on November 24, 2004 the date 
the MOA was signed by the PADEP Secretary.



Sec.  62.9680  Identification of plan--delegation of authority.

    On October 14, 2004, EPA signed a Memoranda of Agreement (MOA) that 
defines policies, responsibilities, and procedures pursuant to 40 CFR 
part 62, Subpart III (the ``Federal plan'') by which the Federal plan 
will be administered by the Allegheny County Health Department (ACHD) on 
behalf of EPA.



Sec.  62.9681  Identification of sources.

    The MOA and related Federal plan apply to all affected CISWI units 
for which construction commenced on or before November 30, 1999.

[[Page 441]]



Sec.  62.9682  Effective date of delegation.

    The delegation became fully effective on October 19, 2004 the date 
the MOA was signed by the ACHD Director.

 Air Emissions From Existing Sewage Sludge Incinerators (SSI)--Section 
                   111(d)/129 Federal Plan Delegations



Sec.  62.9690  Identification of plan-delegation of authority.

    (a) Identification of plan--delegation of authority. On March 1, 
2019, the EPA signed a Memorandum of Agreement (MOA) that defines 
policies, responsibilities, and procedures pursuant to 40 CFR part 62, 
subpart LLL (the ``Federal plan'') by which the Federal plan will be 
administered by the Pennsylvania Department of Environmental Protection 
(PADEP).
    (b) Identification of sources. The MOA and related Federal plan 
apply to all affected SSI units for which construction commenced on or 
before October 14, 2010.
    (c) Effective date of delegation. The delegation became fully 
effective on May 17, 2019.

[84 FR 15962, Apr. 17, 2019]



                         Subpart OO_Rhode Island

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.9825  Identification of plan.

    (a) Identification of Plan. Rhode Island Plan for the Control of 
Designated Pollutants from Existing Plants (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1)-(2) [Reserved]
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1)-(2) [Reserved]

[66 FR 21096, Apr. 27, 2001, as amended at 82 FR 25972, June 6, 2017]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.9850  Identification of plan--negative declaration.

    The State Department of Environmental Management submitted on 
November 14, 1977, a letter certifying that there are no existing 
phosphate fertilizer plants in the state subject to part 60, subpart B 
of this chapter.

[44 FR 54052, Sept. 18, 1979]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec.  62.9875  Identification of plan--negative declaration.

    The State Department of Environmental Management submitted on 
November 14, 1977, a letter certifying that there are no existing 
sulfuric acid plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept. 18, 1979]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.9900  Identification of plan--negative declaration.

    The State Department of Environmental Management submitted on July 
26, 1979, a letter certifying that there are no existing kraft pulp 
mills in the State subject to part 60, subpart B of this chapter.

[54 FR 9047, Mar. 3, 1989]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.9950  Identification of plan--negative declaration.

    The State Department of Environmental Management submitted on 
December 8, 1989, a letter certifying that there are no existing primary 
aluminum reduction plants in the State subject to part 60, subpart B of 
this chapter.

[54 FR 9047, Mar. 3, 1989]

[[Page 442]]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.9970  Identification of plan--negative declaration.

    On January 8, 2002, the Rhode Island Department of Environmental 
Management submitted a letter certifying that there are no existing 
commercial and industrial solid waste incineration units in the state 
subject to the emission guidelines under part 60, subpart DDDD of this 
chapter.

[67 FR 17946, Apr. 12, 2002]

   Municipal Waste Combustor Emissions From Existing Municipal Waste 
Combustors With the Capacity To Combust Greater Than 250 Tons Per Day of 
                          Municipal Solid Waste



Sec.  62.9975  Identification of plan--negative declaration.

    On February 5, 1992, the Rhode Island Department of Environmental 
Management submitted a letter certifying that there are no existing 
municipal waste combustors in the State subject to the emission 
guidelines published on February 11, 1991 (56 FR 5514) pursuant to part 
60, subpart B of this chapter.

[57 FR 44692, Sept. 29, 1992]

Air Emissions From Existing Municipal Waste Combustors With the Capacity 
To Combust at Least 35 Tons Per Day But No More Than 250 Tons Per Day of 
                          Municipal Solid Waste



Sec.  62.9980  Identification of plan--negative declaration.

    On January 8, 2002, the Rhode Island Department of Environmental 
Management submitted a letter certifying that there are no existing 
small municipal waste combustors in the state subject to the emission 
guidelines under part 60, subpart BBBB of this chapter.

[67 FR 17946, Apr. 12, 2002]

         Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.9985  Identification of plan--negative declaration.

    On July 28, 2020, the Rhode Island Department of Environmental 
Management submitted a letter certifying no existing source Municipal 
Solid Waste Landfills subject to 40 CFR part 60, subpart Cf, operate 
within the State's jurisdiction.

[86 FR 9023, Feb. 11, 2021]

     Air Emissions From Existing Hospital/Medical/Infectiours Waste 
                              Incinerators



Sec.  62.9990  Identification of plan--negative declaration.

    On September 25, 2013 the State of Rhode Island Department of 
Environmental Management submitted a letter certifying no Hospital/
Medical/Infectious Waste Incinerators units subject to 40 CFR part 60, 
subpart Ce operate within the state's jurisdiction.

[82 FR 25972, June 6, 2017]

    Air Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.9995  Identification of plan--negative declaration.

    On November 8, 2006, The State of Rhode Island Department of 
Environmental Management submitted a letter certifying no Other Solid 
Waste Incineration units subject to 40 CFR part 60, subpart FFFF operate 
within its jurisdiction.

[79 FR 16206, Mar. 25, 2014]



                        Subpart PP_South Carolina

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)

    Source: 47 FR 29236, July 6, 1982, unless otherwise noted.



Sec.  62.10100  Identification of plan.

    (a) Identification of plan. South Carolina Designated Facility Plan 
(Section 111(d) Plan).
    (b) The plan was officially submitted as follows:

[[Page 443]]

    (1) Implementation Plan for Control of Designated Pollutants, 
including sulfuric acid mist from sulfuric acid plants and total reduced 
sulfur from kraft pulp mills, submitted on December 22, 1981.
    (2) A revision to South Carolina's 111(d) plan for total reduced 
sulfur which was submitted on December 13, 1984. This revision approved 
an alternate emission limit for the digesters and an extended compliance 
schedule for the evaporators at Stone Container Corporation.
    (3) South Carolina Implementation Plan for Existing Large Municipal 
Waste Combustors, submitted on January 14, 1998, by the South Carolina 
Department of Health and Environmental Control.
    (4) South Carolina Implementation Plan for Existing Municipal Solid 
Waste Landfills, submitted on April 12, 1999, by the South Carolina 
Department of Health and Environmental Control.
    (5) South Carolina Designated Facility Plan (Section 111(d)/129) for 
Hospital/Medical/Infectious Waste Incinerators, submitted on September 
19, 2000, by the South Carolina Department of Health and Environmental 
Control.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories sources:
    (1) Sulfuric acid plants.
    (2) Kraft pulp mills.
    (3) Existing municipal waste combustors.
    (4) Existing municipal solid waste landfills.
    (5) Existing hospital/medical/infectious waste incinerators.

[47 FR 29236, July 6, 1982, as amended at 50 FR 33037, Aug. 16, 1985; 63 
FR 40048, July 27, 1998; 64 FR 46151, Aug. 24, 1999; 66 FR 48567, Sept. 
21, 2001]

              Sulfuric Acid Mist From Sulfuric Acid Plants



Sec.  62.10110  Identification of sources.

    The plan applies to existing plants at the following locations:
    (1) Sulfur-burning plants of W. R. Grace and Company's plant in 
Charleston.
    (2) There are no bound sulfur or oleum plants.

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.10120  Identification of sources.

    The plan applies to existing facilities at the following kraft pulp 
mills:
    (1) Westvaco in North Charleston.
    (2) International Paper Company in Georgetown.
    (3) Bowater Carolina Company in Catawba.
    (4) Stone Container Corporation in Florence.

[47 FR 29236, July 6, 1982, as amended at 50 FR 33037, Aug. 16, 1985]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.10130  Identification of plan--negative declaration.

    The South Carolina Department of Health and Environmental Control 
submitted on November 2, 1977, a letter certifying that there are no 
existing phosphate fertilizer plants in the State subject to part 60, 
subpart B, of this chapter.

   Fluoride Emissions From Existing Primary Aluminum Reduction Plants



Sec.  62.10140  Identification of plan--negative declaration.

    The South Carolina Department of Health and Environmental Control 
submitted on May 3, 1983, a letter certifying that there are no existing 
primary aluminum plants in the State which are subject to part 60 
subpart B of this chapter.

[50 FR 33037, Aug. 16, 1985]

Metals, Acid gases, Organic Compounds And Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With The Capacity To Combust Greater 
             Than 250 Tons Per Day Of Municipal Solid Waste



Sec.  62.10150  Identification of plan--negative declaration.

    Letter from South Carolina Department of Health and Environmental 
Control submitted on July 8, 2010, certifying that there are no Large 
Municipal Waste Combustor units subject to

[[Page 444]]

40 CFR part 60, subpart Cb in its jurisdiction.

[76 FR 22824, Apr. 25, 2011]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.10160  Identification of sources.

    The plan applies to existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991, that accepted waste at any time since November 8, 1987, or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[64 FR 46151, Aug. 24, 1999]

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators



Sec.  62.10170  Identification of sources.

    The plan applies to existing hospital/medical/infectious waste 
incinerators for which construction, reconstruction, or modification was 
commenced before June 20, 1996, as described in 40 CFR part 60, subpart 
Ce.

[66 FR 48567, Sept. 21, 2001]

   Air Emissions From Small Existing Municipal Waste Combustion Units



Sec.  62.10180  Identification of plan--negative declaration.

    Letter from the South Carolina Department of Health and 
Environmental Control submitted November 6, 2001, certifying that there 
are no small municipal waste combustion units subject to 40 CFR part 60, 
subpart BBBB.

[67 FR 273, Jan. 3, 2002]

 Air Emissions From Commercial And Industrial Solid Waste Incineration 
                 (Ciswi) Units (Section 111(d)/129 Plan)



Sec.  62.10190  Identification of Sources.

    The Plan applies to existing Commercial and Industrial Solid Waste 
Incineration Units that Commenced Construction On or Before November 30, 
1999.

[69 FR 9557, Mar. 1, 2004]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
              Incinerators (HMIWI)--Section 111(d)/129 Plan



Sec.  62.10200  Identification of plan--negative declaration.

    Letter from South Carolina Department of Health and Environmental 
Control submitted on December 14, 2009, certifying that there are no 
Hospital/Medical/Infectious Waste Incinerator units subject to 40 CFR 
part 60, subpart Ce in its jurisdiction.

[76 FR 22824, Apr. 25, 2011]



                         Subpart QQ_South Dakota

    Source: 64 FR 29799, June 3, 1999, unless otherwise noted.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.10350  Identification of plan.

    Section 111(d) State Plan for Existing Municipal Solid Waste 
Landfills and the associated State regulations contained in the 
Administrative Rules of South Dakota (ARSD) at 74:36:01:19 and 
74:36:07:94--145 ARSD (incorporated by reference, see Sec.  62.10353), 
submitted by the State on January 3, 2020.

[86 FR 16540, Mar. 30, 2021]



Sec.  62.10351  Identification of sources.

    The plan applies to all existing municipal solid waste landfills 
under the jurisdiction of the South Dakota Department of Environment and 
Natural Resources for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014, and are subject 
to the requirements of 40 CFR part 60, subpart Cf.

[86 FR 16540, Mar. 30, 2021]



Sec.  62.10352  Effective date.

    The effective date of the plan for existing municipal solid waste 
landfills is April 29, 2021.

[86 FR 16540, Mar. 30, 2021]



Sec.  62.10353  Incorporation by reference.

    (a) The material incorporated by reference in this subpart was 
approved by

[[Page 445]]

the Director of the Federal Register Office in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. The material may be inspected or obtained from 
the EPA Region 8 office, 1595 Wynkoop Street, Denver, CO 80202-1129, 
303-312-6312 or from the other sources listed in this section. It may 
also be inspected at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
email [email protected] or go to: www.archives.gov/federal-register/
cfr/ibr-locations.html.
    (b) State of South Dakota, Legislative Research Council, 5007, 500 E 
Capitol Ave. 3, Pierre, SD 57501, (605) 773-3251, https://rules.sd.gov/
; Administrative Rules of South Dakota (ARSD). Title 74 South Dakota 
Department of Environment and Natural Resources:
    (1) 74:36:01:19 ARSD, Article 74:36--Air Pollution Control Program, 
Chapter 01--Definitions, Section 19--Existing municipal solid waste 
landfill defined, effective November 25, 2019.
    (2) 74:36:07:94 through 145 ARSD, Article 74:36--Air Pollution 
Control Program, Chapter 07--New Source Performance Standards, Sections 
94 through 145, effective November 25, 2019.

[86 FR 16540, Mar. 30, 2021]

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

    Source: Sections 62.10360 through 62.10362 appear at 65 FR 38740, 
June 22, 2000, unless otherwise noted.



Sec.  62.10360  Identification of plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation, chapter 74:36:07 
section 74:36:07:06.01 of the Administrative Rules of South Dakota, 
submitted by the State on February 7, 2000.

    Effective Date Note: At 87 FR 30108, May 18, 2022, Sec.  62.10360 
was revised, effective July 18, 2022. For the convenience of the user, 
the revised text is set forth as follows:



Sec.  62.10360  Identification of plan.

    The State of South Dakota submitted a letter on June 7, 2021, 
certifying that there are no designated facilities subject to the 
emissions guidelines for existing hospital medical infectious waste 
incinerators under 40 CFR part 60, subpart Ce, operating within the 
State's jurisdiction.



Sec.  62.10361  Identification of sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.

    Effective Date Note: At 87 FR 30108, May 18, 2022, Sec.  62.10361 
was removed, effective July 18, 2022.



Sec.  62.10362  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is August 21, 
2000.

    Effective Date Note: At 87 FR 30108, May 18, 2022, Sec.  62.10362 
was removed, effective July 18, 2022.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.10370  Identification of plan--negative declaration.

    Letter from the South Dakota Department of Environment and Natural 
Resources submitted April 3, 2017, certifying that there are no existing 
large municipal waste combustion units within the State of South Dakota 
that are subject to part 60, subpart Cb, of this chapter.

[82 FR 44742, Sept. 26, 2017]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators



Sec.  62.10380  Identification of plan--negative declaration.

    Letter from the South Dakota Department of Environment and Natural 
Resources submitted April 3, 2017, certifying that there are no existing 
commercial and industrial solid waste incineration units within the 
State of South Dakota that are subject to part 60, subpart DDDD, of this 
chapter.

[82 FR 44742, Sept. 26, 2017]

[[Page 446]]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.10390  Identification of plan--negative declaration.

    Letter from South Dakota Department of Environmental Quality 
submitted to EPA on November 21, 2012, certifying that there are no 
known existing sewage sludge incineration units in the State of South 
Dakota.

[80 FR 10610, Feb. 27, 2015]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.10400  Identification of plan--negative declaration.

    Letter from the South Dakota Department of Environment and Natural 
Resources submitted January 25, 2002, certifying that there are no 
existing small municipal waste combustion units within the State of 
South Dakota that are subject to part 60, subpart BBBB, of this chapter.

[82 FR 44742, Sept. 26, 2017]

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.10410  Identification of plan--negative declaration.

    Letter from the South Dakota Department of Environment and Natural 
Resources submitted May 4, 2007, certifying that there are no existing 
other solid waste incineration units within the State of South Dakota 
that are subject to part 60, subpart FFFF, of this chapter.

[82 FR 44742, Sept. 26, 2017]



                          Subpart RR_Tennessee

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.10602  Identification of sources--negative declaration.

    The Tennessee Department of Health and Environment on April 4, 1985, 
submitted a letter certifying that there are no existing phosphate 
fertilizer plants in the State subject to part 60, subpart B of this 
chapter.

[50 FR 26204, June 25, 1985]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.10625  Identification of plan.

    On June 25, 1993, the State submitted revisions to the Tennessee 
State Implementation Plan (SIP). These were revisions to the process 
gaseous emission standards. These revisions incorporate changes to Rule 
1200-3-7-.07, subparagraphs (4)(a) and (4)(b) of the Tennessee SIP which 
bring this into conformance with the requirements of 40 CFR part 62, 
subpart I.

[61 FR 29667, June 12, 1996]

 Plan For The Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.10626  Identification of plan.

    (a) Identification of plan. Tennessee Designated Facility Plan 
(Section 111(d) plan).
    (b) The plan was officially submitted as follows:
    (1) Metropolitan Nashville and Davidson County Tennessee's 
Implementation Plan For Municipal Waste Combustors, submitted on 
December 24, 1996, by the State of Tennessee Department of Environment 
and Conservation.
    (2) Metropolitan Nashville and Davidson County Tennessee's Plan For 
Implementing the Municipal Solid Waste Landfill Emission Guidelines, 
submitted on December 24, 1996, by the State of Tennessee Department of 
Environment and Conservation.
    (3) State of Tennessee Plan for Implementing the Municipal Solid 
Waste Landfill Emission Guideline Requirements of 40 CFR part 60, 
subpart Cc, submitted on January 8, 1999, by the Tennessee Department of 
Environment and Conservation.
    (4) Knox County Department of Air Quality Management Implementation 
Plan: Federal Emission Guidelines Municipal Solid Waste Landfills, 
submitted on July 29, 1999, by the State of Tennessee Department of 
Environment and Conservation.
    (5) Chattanooga-Hamilton County Air Pollution Control Bureau Clean 
Air Act Section 111(d) Plan for Municipal Solid Waste Landfills, 
submitted on

[[Page 447]]

April 26, 1999, by the State of Tennessee Department of Environment and 
Conservation.
    (6) City of Memphis Implementation Plan: Federal Emission Guidelines 
Hospital/Medical/Infectious Waste Incinerators (HMIWI), submitted on 
February 16, 2006, by the Memphis and Shelby County Health Department.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Existing municipal waste combustors.
    (2) Existing municipal solid waste landfills.
    (3) Existing Hospital/Medical/Infectious Waste Incinerators

[63 FR 70026, Dec. 18, 1998, as amended at 64 FR 52663, Sept. 30, 1999; 
65 FR 8857, 8859, Feb. 23, 2000; 74 FR 27447, June 10, 2009]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.10627  Identification of sources.

    The plan applies to existing facilities with a municipal waste 
combustor (MWC) unit capacity greater than 250 tons per day of municipal 
solid waste (MSW) at the following MWC sites:
    (a) Nashville Thermal Transfer Corporation, Nashville, Tennessee.

[63 FR 70026, Dec. 18, 1998]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.10628  Identification of sources.

    The plan applies to existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991, that accepted waste at any time since November 8, 1987, or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[63 FR 70027, Dec. 18, 1998]

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
                                  Units



Sec.  62.10629  Identification of plan--negative declaration.

    Letters from Chattanooga-Hamilton County, Knox County, and Memphis-
Shelby County, Tennessee were submitted on April 23, 2003, November 17, 
2002 and October 7, 2002, respectively, certifying that there are no 
Commercial and Industrial Solid Waste Incineration units subject to 40 
CFR part 60, subpart DDDD.

[70 FR 9230, Feb. 25, 2005]



Sec.  62.10630  Identification of sources.

    (a) Approval of State Plan for Commercial and Industrial Solid Waste 
Incineration Units. Effective February 10, 2020, EPA approved 
Tennessee's State Plan for Commercial and Solid Waste Incineration 
Units, which is codified at Tennessee Operating Permit number 072397, as 
issued on May 10, 2017. The plan applies to each existing commercial and 
industrial solid waste incineration unit and air curtain incineration 
unit in the State of Tennessee that commenced construction on or before 
June 4, 2010, or commenced modification or construction after June 4, 
2010, but no later than August 7, 2013, as such incineration units are 
defined in 40 CFR 60.2875 and 40 CFR part 60.
    (b) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the material may be inspected or obtained from the EPA Docket 
Center--Public Reading Room, EPA West Building, Room 3334, 1301 
Constitution Avenue NW, Washington, DC 20004 or U.S. EPA, Region 4, Air 
Analysis and Support Branch, 61 Forsyth Street, Atlanta, GA 30303. The 
telephone number for the Public Reading Room is (202) 566-1744. Copies 
may be inspected at the National Archives and Records Administration 
(NARA). For information on the availability of this material at NARA, 
email [email protected] or go to: www.archives.gov/federal-register/
cfr/ibr-locations.html.

[[Page 448]]

    (2) State of Tennessee, Air Pollution Control Board, Department of 
Environment and Conservation.
    (i) Permit Number 072397, Issued to Eastman Chemical Company, 
Tennessee Operation (MSOP-02), Date Issued May 10, 2017.
    (ii) [Reserved]

[85 FR 1125, Jan. 9, 2020]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
              Incinerators (HMIWI)--Section 111(d)/129 Plan



Sec.  62.10631  Identification of plan--negative declarations.

    Letters from Knox County Department of Air Quality Management and 
Nashville/Davidson County Metropolitan Health Department, TN, submitted 
on Dec. 16, 2002, and Jan. 21, 1998, respectively, certifying that there 
are no Hospital/Medical/Infectious Waste Incinerator units subject to 40 
CFR part 60, subpart Ce in their jurisdictions.

[74 FR 27721, June 11, 2009]



Sec.  62.10632  Identification of sources.

    The Plan applies to all existing HMWI facilities at St. Jude 
Children's Hospital in the City of Memphis, for which construction was 
commenced on or before June 20, 1996.

[74 FR 27447, June 10, 2009]



Sec.  62.10633  Identification of plan--negative declaration.

    Letter from Tennessee Division of Air Pollution Control submitted on 
December 15, 2001, certifying that there are no Hospital/Medical/
Infectious Waste Incinerator units subject to 40 CFR parts 60, subpart 
Ce in its jurisdiction.

[74 FR 27720, June 11, 2009]

  Air Emissions From Existing Large Municipal Waste Combustors (MWC)--
                         Section 111(d)/129 Plan



Sec.  62.10634  Identification of plan--negative declarations.

    Letters from Nashville/Davidson County Metropolitan Health 
Department, Knox County Department Air Quality Management, and Memphis-
Shelby County Health Department, Tennessee submitted on August 16, 2004, 
March 25, 2008, and February 20, 2008, certifying that there are no 
large MWC units subject to 40 CFR part 60, subpart Cb in their 
respective jurisdictions.

[74 FR 27723, June 11, 2009]



                            Subpart SS_Texas

    Source: 61 FR 55576, Oct. 28, 1996, unless otherwise noted.

 Plan for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.10850  Identification of Plan.

    (a) Identification of plan. Texas Plan for Control of Designated 
Pollutants from Existing Facilities (111(d)Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of sulfuric acid mist from existing sulfuric acid 
production plants as adopted by the Texas Air Control Board (TACB) on 
May 12, 1989, and submitted by the Governor in a letter dated August 21, 
1989.
    (2) Control of total reduced sulfur from existing kraft pulp mills 
as adopted by the Texas Air Control Board (TACB) on May 12, 1989, and 
submitted by the Governor in a letter dated August 21, 1989.
    (3) Control of landfill gas emissions from existing municipal solid 
waste landfills, submitted by the Governor on November 3, 1998.
    (4) Control of air emissions from designated hospital/medical/
infectious waste incinerators submitted by the Governor in a letter 
dated June 2, 2000.
    (5) Control of air emissions from incinerators subject to the Other 
Solid Waste Incineration units Emission Guidelines, as adopted by the 
Texas Commission on Environmental Quality (TCEQ) and submitted by the 
Governor in a letter dated May 18, 2009.
    (c) Designated facilities. The plan applies to existing facilities 
in the following categories of sources:
    (1) Sulfuric acid production plants.
    (2) Kraft Pulp Mills.
    (3) Municipal solid waste landfills
    (4) Hospital/medical/infectious waste incinerators.

[[Page 449]]

    (5) Other solid waste incinerators and certain air curtain 
incinerators as defined in the Other Solid Waste Incineration units 
Emission Guidelines at 40 CFR part 60, subpart FFFF.

[61 FR 55576, Oct. 28, 1996, as amended at 64 FR 32430, June 17, 1999; 
66 FR 49836, Oct. 1, 2001; 87 FR 26683, May 5, 2022]

          Sulfuric Acid Mist From Existing Sulfuric Acid Plants



Sec.  62.10860  Identification of sources.

    (a) Identification of sources. The plan includes the following 
sulfuric acid production plants:
    (1) Diamond-Shamrock Corporation in Sunray, Texas.
    (2) Amoco Oil Company in Texas City, Texas.
    (3) E.I. duPont de Nemours & Company, Inc. in La Porte, Texas.
    (4) Mobil Mining and Minerals in Pasadena, Texas.
    (5) Rohm and Haas, Texas Inc. in Deer Park, Texas.
    (6) Stauffer Chemical Company in Baytown, Texas.
    (7) Stauffer Chemical Company in Houston, Texas.
    (8) Olin Corporation in Beaumont, Texas.
    (9) Stauffer Chemical Company in Pasadena, Texas.
    (10) Stauffer Chemical Company in Fort Worth, Texas.

           Total Reduced Sulfur From Existing Kraft Pulp Mills



Sec.  62.10870  Identification of source.

    (a) Identification of sources. The plan includes the following kraft 
pulp mills:
    (1) Simpson Paper Company in Pasadena, Texas.
    (2) Champion International in Sheldon, Texas.
    (3) Temple-Eastex, Inc. in Evadale, Texas.
    (4) Champion International in Lufkin, Texas.
    (5) International Paper Company in Domino, Texas.
    (6) Inland-Orange, Inc. in Orange, Texas.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.10880  Identification of sources.

    The plan applies to existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991, that accepted waste at any time since October 8, 1993, or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart Cc.

[64 FR 32430, June 17, 1999]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.10890  Identification of plan--negative declaration.

    Letter from the Texas Natural Resource Conservation Commission 
submitted May 13, 1997 certifying that there are no existing municipal 
waste combustor units in the State of Texas that are subject to part 60, 
subpart Cb, of this chapter.

[65 FR 33467, May 24, 2000]

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.10900  Identification of plan.

    (a) Identification of sources. The plan submitted by the Texas 
Commission on Environmental Quality (TCEQ) on May 18, 2009, applies to 
existing incinerators subject to the Other Solid Waste Incineration 
units (OSWI) Emission Guidelines, at 40 CFR part 60, subpart FFFF, 
within TCEQ's jurisdiction in the State of Texas.
    (b) Effective date. The effective date of the plan is June 6, 2022.
    (c) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register Office in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. 
Copies of the material may be inspected or obtained from the EPA Region 
6 office, 1201 Elm Street, Suite 500, Dallas, Texas 75270, 214-665-2200.

[[Page 450]]

Copies may be inspected at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) State of Texas, Office of the Secretary of State, Texas 
Register, P.O. Box 12887, Austin, Texas 78711, (512) 463-5561, 
[email protected], https://www.sos.texas.gov/tac/index.shtml.
    (i) 30 TAC sections 113.2300-113.2313(2) and sections 113.2314 
through 113.2357, excluding section 113.2313(3). Texas Administrative 
Code Title 30, Chapter 113: Standards of Performance for Hazardous Air 
Pollutants and for Designated Facilities and Pollutants, Subchapter D: 
Designated Facilities and Pollutants, Divison 5: Emission Guidelines and 
Compliance Times for Other Solid Waste Incineration Units That Commenced 
Construction On or Before December 9, 2004, adopted April 28, 2009.
    (ii) [Reserved]

[87 FR 26683, May 5, 2022]

   Air Emissions From Hospital/Medical/Infectious Wastes Incinerators



Sec.  62.10910  Identification of sources.

    The plan applies to existing hospital/medical/infectious waste 
incinerators for which construction, reconstruction, or modification was 
commenced before June 20, 1996, as described in 40 CFR part 60, subpart 
Ce.

[66 FR 49836, Oct. 1, 2001]



Sec.  62.10911  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is November 30, 
2001.

[66 FR 49836, Oct. 1, 2001]

         Emissions From Existing Sewage Sludge Incinerator Units



Sec.  62.10912  Identification of sources--negative declaration.

    Letter from the Texas Commission on Environmental Quality, dated 
January 28, 2013, certifying that there are no existing sewage sludge 
incineration (SSI) units subject to the requirements of 40 CFR part 60, 
subpart MMMM, within its jurisdiction.

[80 FR 24222, Apr. 30, 2015]



                             Subpart TT_Utah

      Fluoride Emissions from Existing Phosphate Fertilizer Plants



Sec.  62.11100  Identification of plan--negative declaration.

    The Utah Department of Environmental Quality certified in a letter 
dated January 30, 2002 that there are no phosphate fertilizer plants in 
Utah that meet the definition of affected facility under 40 CFR part 60, 
subpart T, U, V, W or X, Standards of Performance for the Phosphate 
Fertilizer Industry. Additionally, there are no phosphate fertilizer 
plants in Utah that meet the definition of affected facility under 40 
CFR part 62, subpart T, U, V, W or X, constructed before October 22, 
1974, and that have not reconstructed or modified since 1974.

(Note: the State referenced part 62 in the second sentence. We believe 
they meant part 60).

[67 FR 35444, May 20, 2002]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.11110  Identification of plan.

    ``Utah State Plan for Implementation of Emission Controls for 
Existing Designated Facilities, Section I. Municipal Solid Waste 
Landfills'' and the associated State regulations in R307-20-2 and R307-
21 of the Utah Air Conservation Regulations, submitted by the State on 
April 2, 1997 with amendments to the plan submitted on October 31, 1997.

[63 FR 2156, Jan. 14, 1998]



Sec.  62.11111  Identification of sources.

    The plan applies to all existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991 that accepted waste at any time since November 8, 1987 or 
that have additional capacity available for future

[[Page 451]]

waste deposition, as described in 40 CFR part 60, subpart Cc.

[63 FR 2156, Jan. 14, 1998]



Sec.  62.11112  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is March 16, 1998.

[63 FR 2156, Jan. 14, 1998]

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

    Source: Sections 62.11120 through 62.11122 appear at 65 FR 38740, 
June 22, 2000, unless otherwise noted.



Sec.  62.11120  Identification of plan.

    Section 111(d) Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation R307-220-3 and R307-222 
of the Utah Air Conservation Regulations, submitted by the State on 
March 2, 1999 and October 25, 1999.



Sec.  62.11121  Identification of sources.

    The plan applies to all existing hospital/medical/infectious waste 
incinerators for which construction was commenced on or before June 20, 
1996, as described in 40 CFR part 60, subpart Ce.



Sec.  62.11122  Effective date.

    The effective date for the portion of the plan applicable to 
existing hospital/medical/infectious waste incinerators is August 21, 
2000.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.11130  Identification of plan--negative declaration.

    Letter from the Utah Department of Environmental Quality submitted 
March 22, 2017, certifying that there are no existing large municipal 
waste combustion units within the State of Utah that are subject to part 
60, subpart Cb, of this chapter.

[82 FR 44742, Sept. 26, 2017]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators



Sec.  62.11140  Identification of plan--negative declaration.

    Letter from the Utah Department of Environmental Quality submitted 
March 22, 2017, certifying that there are no existing commercial and 
industrial solid waste incineration units within the State of Utah that 
are subject to part 60, subpart DDDD, of this chapter.

[82 FR 44742, Sept. 26, 2017]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.11150  Identification of plan--negative declaration.

    Letter from Utah Department of Environmental Quality submitted to 
EPA on December 23, 2013, certifying that there are no known existing 
sewage sludge incineration units in the State of Utah.

[80 FR 10610, Feb. 27, 2015]

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.11160  Identification of plan--negative declaration.

    Letter from the Utah Department of Environmental Quality submitted 
December 20, 2006, certifying that there are no existing other solid 
waste incineration units within the State of Utah that are subject to 
part 60, subpart FFFF, of this chapter.

[82 FR 44742, Sept. 26, 2017]



                           Subpart UU_Vermont

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.11350  Identification of plan--negative declaration.

    The State Agency of Environmental Conservation submitted on April 
11, 1978, a letter certifying that there are no existing phosphate 
fertilizer plants in the state subject to part 60, subpart B of this 
chapter.

[44 FR 54052, Sept. 18, 1979]

[[Page 452]]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Units



Sec.  62.11375  Identification of plan--negative declaration.

    The State Agency of Environmental Conservation submitted on April 
11, 1978, a letter certifying that there are no existing sulfuric acid 
plants in the state subject to part 60, subpart B of this chapter.

[44 FR 54053, Sept. 18, 1979]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.11400  Identification of plan--negative declaration.

    The State Agency of Environmental Conservation submitted on August 
2, 1979, a letter certifying that there are no existing kraft pulp mills 
in the State subject to part 60, subject B of this chapter.

[54 FR 9047, Mar. 3, 1989]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.11425  Identification of plan--negative declaration.

    The State Agency of Environmental Conservation submitted on January 
4, 1989, a letter certifying that there are no existing primary aluminum 
reduction plants in the State subject to part 60, subpart B of this 
chapter.

[54 FR 9047, Mar. 3, 1989]

   Municipal Waste Combustor Emissions From Existing Municipal Waste 
Combustors With the Capacity To Combust Greater Than 250 Tons Per Day of 
                          Municipal Solid Waste



Sec.  62.11450  Identification of plan--negative declaration.

    On September 18, 1992, the Vermont Agency of Natural Resources 
submitted a letter certifying that there are no existing municipal waste 
combustors in the State subject to the emission guidelines published on 
February 11, 1991 (56 FR 5514) pursuant to part 60, subpart B of this 
chapter.

[57 FR 44692, Sept. 29, 1992]

Municipal Waste Combustor Emissions From Existing Small Municipal Waste 
Combustors With the Capacity To Combust Between 35 and 250 Tons Per Day 
                        of Municipal Solid Waste



Sec.  62.11460  Identification of Plan-negative declaration.

    On June 5, 2001, the Vermont Agency of Natural Resources submitted a 
letter certifying that there are no existing small municipal waste 
combustors in the state subject to the emission guidelines under part 
60, subpart B of this chapter.

[66 FR 52537, Oct. 16, 2001]

     Air Emissions From Existing Hospital/Medical/Infectious Waste 
                              Incinerators



Sec.  62.11475  Identification of Plan--negative declaration.

    On April 16, 1999, the Vermont Agency of Natural Resources submitted 
a letter certifying that there are no existing hospital/medical/
infectious waste incinerators in the state subject to the emission 
guidelines under Part 60, Subpart B of this chapter.

[64 FR 62119, Nov. 16, 1999]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                           Incineration Units



Sec.  62.11480  Identification of plan--negative declaration.

    On July 26, 2013, the State of Vermont Department of Environmental 
Conservation submitted a letter certifying no Commercial and Industrial 
Solid Waste Incineration units subject to 40 CFR part 60, subpart DDDD 
operate within the state's jurisdiction.

[82 FR 25972, June 6, 2017]

         Emission From Existing Municipal Solid Waste Landfills



Sec.  62.11485  Identification of Plan--negative declaration.

    On September 10, 2019 the State of Vermont Department of 
Environmental Conservation submitted a letter certifying no Municipal 
Solid Waste Landfills subject to 40 CFR part

[[Page 453]]

60 Subpart Cf operate within the State's jurisdiction.

[85 FR 16559, Mar. 24, 2020]

    Air Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.11490  Identification of plan--negative declaration.

    On June 30, 2006, the State of Vermont Department of Environmental 
Conservation submitted a letter certifying no Other Solid Waste 
Incineration units subject to 40 CFR part 60, subpart FFFF operate 
within its jurisdiction.

[79 FR 16206, Mar. 25, 2014]

         Air Emissions From Existing Sewage Sludge Incinerators



Sec.  62.11495  Identification of plan--negative declaration.

    On February 10, 2012, the State of Vermont Department of 
Environmental Conservation submitted a letter certifying no Sewage 
Sludge Incineration units subject to 40 CFR part 60, subpart MMMM 
operate within its jurisdiction.

[79 FR 16206, Mar. 25, 2014]



                           Subpart VV_Virginia

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.11600  Identification of plan--negative declaration.

    The Secretary of Commerce and Resources, Office of the Governor 
submitted on May 13, 1977, a letter certifying that there are no 
existing phosphate fertilizer plants in the State subject to part 60, 
subpart B of this chapter.

[45 FR 43412, June 27, 1980]

     Sulfuric Acid Mist Emissions From Existing Sulfuric Acid Plants



Sec.  62.11601  Identification of plan.

    (a) Title of plan. Commonwealth of Virginia State Implementation 
Plan under section 111(d) of the Clean Air Act for the Designated 
Facility--Sulfuric Acid Plants.
    (b) The plan was officially submitted by the Secretary of Commerce 
and Resources, Commonwealth of Virginia, on September 29, 1978.
    (c) [Reserved]
    (d) Identification of sources. The plan includes the following 
sulfuric acid plants:

Allied Chemical, Hopewell
Allied Chemical, Front Royal
Du Pont, James River
Smith Douglas, Chesapeake
U.S. Army Ammo Plant, Radford
Weaver Fertilizer, Norfolk

    (e) A variance issued to the E. I. du Pont de Nemours and Company 
James River Sulfuric Acid Plant located in Chesterfield County, Virginia 
exempting the plant from section 4.51(c)(2) until December 15, 1981, 
submitted on October 21, 1980 by the Virginia Secretary of Commerce and 
Resources.
    (f) [Reserved]
    (g) Section 4.51(c)(2) is replaced with Rule 4-21 (Emission 
Standards from Sulfuric Acid Production Units), section 120-04-2104 
(Standard for Sulfuric Acid Mist), effective February 1, 1985. This 
revision was submitted on February 14, 1985 by the Commonwealth of 
Virginia.

[46 FR 55973, Nov. 13, 1981, as amended at 46 FR 55975, Nov. 13, 1981; 
60 FR 50105, Sept. 28, 1995]

      Total Reduced Sulfur Emissions From Existing Kraft Pulp Mills



Sec.  62.11610  Identification of plan.

    (a) Title of Plan. Commonwealth of Virginia State Implementation 
Plan under section 111(d) plan for the Designated Facility--Kraft Pulp 
Mills.
    (b) The plan was officially submitted by the Executive Director of 
the Department of Virginia Department of Air Pollution Control, on May 
15, 1990.
    (c) Identification of sources. The Plan includes the following Kraft 
Pulp Mills:
    (1) Chesapeake Corporation, West Point;
    (2) Stone Container Corporation, Hopewell;
    (3) Union Camp Corporation, Franklin; and
    (4) Westvaco Corporation, Covington.
    (d) On June 20, 2005, the Commonwealth of Virginia submitted changes

[[Page 454]]

to its 111(d) Plan. The changes consist of amendments to 9 VAC 5, 
Chapter 40, Part II, Article 13, Sections 5-40-1660, 5-40-1670 
(definitions of Agreement (removed), Cross recovery furnace (revised), 
Neutral sulfite semichemical pulping operation (added), New design 
recovery furnace (added), Pulp and paper mill (added), Semichemical 
pulping process (added), Straight kraft recovery furnace (revised), 
Total reduced sulfur (revised)), 5-40-1690, 5-40-1750, 5-40-1770B. and 
C., 5-40-1780D., and 5-40-1810. The State effective date is April 1, 
1999.

[63 FR 47437, Sept. 8, 1998; 63 FR 54058, Oct. 8, 1998, as amended at 72 
FR 59019, Oct. 18, 2007]



Sec. Sec.  62.11611-62.11619  [Reserved]

        Fluoride Emissions From Existing Primary Aluminum Plants



Sec.  62.11620  Identification of plan--negative declaration.

    The Commonwealth of Virginia, Office of the Governor, submitted on 
July 9, 1980, a letter certifying that there are no designated 
facilities in the Commonwealth subject to the emission guidelines set 
forth in the Final Guideline Document for the Control of Fluoride 
Emissions from Existing Primary Aluminum Plants.

[46 FR 41783, Aug. 18, 1981]

 Emissions From Existing Commercial Industrial Solid Waste Incinerators 
                 (CISWI) Units (Section 111(d)/129 Plan)

    Source: Sections 62.11621 through 62.11623 appear at 69 FR 29661, 
May 25, 2004, unless otherwise noted.



Sec.  62.11621  Identification of plan.

    Section 111(d)/129 CISWI plan submitted on September 8, 2003, 
including related supplemental information submitted on August 11, and 
September 30, 2003, and April 6, 2004.



Sec.  62.11622  Identification of sources.

    The plan applies to all affected CISWI units for which construction 
commenced on or before November 30, 1999.



Sec.  62.11623  Identification of plan.

    Effective date of the plan is July 26, 2004.

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                 (HMIWI) Units--Section 111(d)/129 Plan

    Source: Sections 62.11625 through 62.11627 appear at 69 FR 54756, 
Sept. 10, 2004, unless otherwise noted.



Sec.  62.11625  Identification of plan--negative declaration.

    (a) Section 111(d)/129 HMIWI plan submitted on August 25, 2003, 
including related supplemental information submitted on August 11, 2003, 
and April 6 and July 23, 2004.
    (b) On September 13, 2010, the Commonwealth of Virginia, Department 
of Environmental Protection, submitted a negative declaration, and 
request for withdrawal of EPA's plan approval under paragraph (a).

[69 FR 54756, Sept. 10, 2004, as amended at 75 FR 78918, Dec. 17, 2010]



Sec.  62.11627  Effective date.

    The effective date of the negative declaration and EPA withdrawal of 
the plan approval is February 15, 2011.

[75 FR 78918, Dec. 17, 2010]

  Emissions From Existing Small Municipal Waste Combustor (MWC) Units--
                         Section 111(d)/129 Plan

    Source: Sections 62.11635 through 62.11637 appear at 70 FR 39931, 
July 12, 2005, unless otherwise noted.



Sec.  62.11635  Identification of plan.

    Section 111(d)/129 plan for small MWC units with capacities 35 to 
250 tons per day, and the associated Virginia Air Pollution Control 
Board Regulations (Rule 4-46, and other supporting rules identified in 
the plan), submitted to EPA on September 2, 2003, including supplemental 
information submitted on August 11 and September 30, 2003; April 6, 
2004; and April 18, 2005.



Sec.  62.11636  Identification of sources.

    The affected facility to which the plan applies is each small MWC 
unit

[[Page 455]]

for which construction commenced on or before August 30, 1999.



Sec.  62.11637  Effective date.

    The effective date of the plan for small MWC units is September 12, 
2005.

  Emissions From Existing Large Municipal Waste Combustor (MWC) Units--
                         Section 111(d)/129 Plan

    Source: Sections 62.11640 through 62.11642 appear at 69 FR 63078, 
Oct. 29, 2004, unless otherwise noted.



Sec.  62.11640  Identification of plan.

    Section 111(d) /129 plan for large MWC units with a capacity greater 
than 250 tons per day (TPD) and the associated Virginia Air Pollution 
Control Board Regulations (Rule 4-54, and other supporting rules 
identified in the plan), submitted to EPA on August 18, 2003, including 
supplemental information submitted on August 11 and September 30, 2003; 
and April 6, and August 25, 2004.



Sec.  62.11641  Identification of sources.

    The affected facility to which the plan applies is each large MWC 
unit for which construction commenced on or before September 20, 1994.



Sec.  62.11642  Effective date.

    The effective date of the plan for large MWC units is December 28, 
2004.

   Emissions From Existing Sewage Sludge Incineration Units--Section 
                             111(d)/129 Plan



Sec.  62.11650  Identification of plan.

    Section 111(d)/129 plan for existing sewage sludge incineration and 
the associated Virginia Administrative Code (VAC), specifically Article 
55 of 9VAC5 Chapter 40, submitted to EPA on December 12, 2012.

[79 FR 17888, Mar. 31, 2014]



Sec.  62.11651  Identification of sources.

    The affected facility to which the plan applies is each sewage 
sludge incineration unit within the Commonwealth of Virginia that 
commenced construction on or before October 14, 2010.

[79 FR 17888, Mar. 31, 2014]



Sec.  62.11652  Effective date.

    The effective date of the plan for existing sewage sludge 
incineration units is April 30, 2014.

[79 FR 17888, Mar. 31, 2014]

Emissions From Existing Municipal Solid Waste Landfills--Section 111(d) 
                                  Plan



Sec.  62.11660  Identification of plan.

    (a)(1) Control of landfill gas emissions from existing municipal 
solid waste landfills, submitted by the Virginia Department of 
Environmental Quality on August 29, 2019, to implement 40 CFR part 60, 
subpart Cf. The Plan includes regulatory provisions cited in paragraph 
(a)(2) of this section, which the EPA incorporates by reference.
    (2) After July 23, 2020, the substantive requirements of the 
municipal solid waste landfills state plan are contained in paragraph 
(b) of this section and owners and operators of municipal solid waste 
landfills in Virginia must comply with the requirements in paragraph (b) 
of this section.
    (b) Incorporation by reference:
    (1) The material incorporated by reference in this section was 
approved by the Director of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. A copy of the material is available at 
the EPA Region III office, 1650 Arch Street, Philadelphia, PA 19103, 
215-814-5000. Copies may be inspected at the National Archives and 
Records Administration (NARA). For information on the availability of 
this material at NARA, email [email protected] or go to: 
www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) Virginia Code Commission, Commonwealth of Virginia, Virginia 
Register of Regulations, https://register.dls.viriginia.gov.
    (i) 9VAC5-20. General Provisions; 9VAC5-20-21. Documents 
incorporated by reference, published January 9, 2017.
    (ii) 9VAC5-40. Existing Stationary Sources, published January 9, 
2017:

[[Page 456]]

    (A) Article 43 Emission Standards for Municipal Solid Waste 
Landfills (Rule 4-43), published January 9, 2017, excluding 9 VAC5-40-
5800F;
    (B) Article 43.1 Emission Standards for Municipal Solid Waste 
Landfills for which Construction, Reconstruction, or Modification was 
Commenced on or before July 17, 2014 (Rule 4-43.1), published January 9, 
2017, excluding 9VAC5-40-5940, 9VAC5-40-5945, 9VAC5-40-5960 A, 9VAC5-40-
5965 A, 9VAC5-40-5970 A, and 9VAC5-40-5980 A.

[85 FR 37570, June 23, 2020]



Sec.  62.11661  Identification of sources.

    The plan in Sec.  62.11640(b) applies to all existing municipal 
solid waste landfills under the jurisdiction of the Virginia Department 
of Environmental Quality for which construction, reconstruction, or 
modification was commenced on or before July 17, 2014.

[85 FR 37570, June 23, 2020]



Sec.  62.11662  Effective date.

    The effective date of the plan submitted on August 29, 2019 by the 
Virginia Department of Environmental Quality for municipal solid waste 
landfills is July 23, 2020.

[85 FR 37570, June 23, 2020]



                          Subpart WW_Washington

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.11850  Identification of plan--negative declaration.

    The Washington State Department of Ecology submitted on August 29, 
1979, certification that there are no existing phosphate fertilizer 
plants in the State subject to part 60, subpart B of this chapter.

[44 FR 76281, Dec. 26, 1979]

Plans for the Control of Designated Pollutants From Existing Facilities 
                          (Section 111(d) Plan)



Sec.  62.11860  Identification of Plan.

    (a) Identification of Plan. Washington State Designated Facility 
Plan (Section 111(d) Plan).
    (b) The plan was officially submitted as follows:
    (1) Control of metals, acid gases, organic compounds and nitrogen 
oxide emissions from existing municipal waste combustors was submitted 
by State of Washington Department of Ecology on January 4, 1999.
    (2) [Reserved]
    (c) Designated Facilities. The plan applies to existing facilities 
in the following category of sources:
    (1) Existing municipal waste combustors.
    (2) [Reserved]

[64 FR 41294, July 30, 1999]

Metals, Acid Gases, Organic Compounds and Nitrogen Oxide Emissions From 
Existing Municipal Waste Combustors With the Capacity To Combust Greater 
             Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.11870  Identification of sources.

    The plan applies to existing facilities at the following municipal 
waste combustor sites:
    (1) Spokane Regional Solid Waste System, Spokane, WA.
    (2) [Reserved]

[64 FR 41294, July 30, 1999]



                        Subpart XX_West Virginia

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.12100  Identification of plan--negative declaration.

    The West Virginia Air Pollution Control Commission submitted on 
October 25, 1977, a letter certifying that there are no existing 
phosphate fertilizer plants in the State subject to part 60, subpart B 
of this chapter.

[45 FR 43412, June 27, 1980]

[[Page 457]]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.12110  Identification of plan--negative declaration.

    Letter from the Division of Environmental Protection submitted March 
11, 1996 certifying that there are no existing municipal waste combustor 
units in the State of West Virginia that are subject to part 60, subpart 
Cb, of this chapter.

[65 FR 33467, May 24, 2000]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills 
                          (Section 111(d) Plan)

    Source: Sections 62.12125 through 62.12127 appear at 66 FR 28379, 
May 23, 2001, unless otherwise noted.



Sec.  62.12125  Identification of plan.

    (a) West Virginia 111(d) plan for municipal solid waste landfills, 
including delegation of Federal plan compliance schedule and reporting 
requirements, as submitted to the Environmental Protection Agency on May 
29, 1998, and as amended on May 15, 2000, and December 20, 2000, to 
implement 40 CFR part 60, subpart Cc.
    (b)(1) Control of landfill gas emissions from existing municipal 
solid waste landfills, submitted by the West Virginia Department of 
Environmental Protection on September 13, 2018, to implement 40 CFR part 
60, subpart Cf. The Plan includes regulatory provisions cited in 
paragraph (c) of this section, which the EPA incorporates by reference.
    (2) After December 23, 2019, the substantive requirements of the 
municipal solid waste landfills state plan are contained in paragraph 
(b) of this section and owners and operators of municipal solid waste 
landfills in West Virginia must comply with the requirements in 
paragraph (b) of this section.
    (c) Incorporation by reference. (1) The material incorporated by 
reference in this section was approved by the Director of the Federal 
Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. A copy of 
the material is available electronically through www.regulations.gov, 
Docket No. EPA-R03-OAR-2019-0187, or at the EPA Region III office, 1650 
Arch Street, Philadelphia, PA 19103, 215-814-5000. Copies may be 
inspected at the National Archives and Records Administration (NARA). 
For information on the availability of this material at NARA, email 
[email protected] or go to: www.archives.gov/federal-register/cfr/
ibr-locations.html.
    (2) State of West Virginia, Secretary of State, Code of State 
Regulations.
    (i) 45 CSR 23: West Virginia legislative rule; Title 45, Department 
of Environmental Protection, Air Quality; Series 23, Control of Air 
Pollution from Municipal Solid Waste Landfills, effective June 1, 2018.
    (ii) [Reserved]

[84 FR 64431, Nov. 2, 2019]



Sec.  62.12126  Identification of sources.

    (a) The plan in Sec.  62.12125(a) applies to all existing West 
Virginia municipal solid waste landfills for which construction, 
reconstruction, or modification was commenced before May 30, 1991 and 
that accepted waste at any time since November 8, 1987, or that have 
additional capacity available for future waste deposition, as described 
in 40 CFR part 60, subpart Cc.
    (b) The plan in Sec.  62.12125(b) applies to all existing municipal 
solid waste landfills under the jurisdiction of the West Virginia 
Department of Environmental Protection for which construction, 
reconstruction, or modification was commenced on or before July 17, 
2014.

[84 FR 64432, Nov. 22, 2019]



Sec.  62.12127  Effective date.

    (a) The effective date of the plan submitted on May 29, 1998, and as 
amended on May 15, 2000 by the West Virginia Department of Environmental 
Protection for municipal solid waste landfills is July 23, 2001.
    (b) The effective date of the plan submitted on September 13, 2018 
by the West Virginia Department of Environmental Protection for 
municipal solid waste landfills is December 23, 2019.

[84 FR 64432, Nov. 22, 2019]

[[Page 458]]

 Emissions From Existing Hospital/Medical/Infectious Waste Incinerators 
                   (HMIWIs) (Section 111(d)/129 Plan)



Sec.  62.12150  Identification of plan.

    (a) Section 111(d)/129 plan for HMIWIs and the associated West 
Virginia (WV) Department of Environmental Protection regulations, as 
submitted on August 18, 1999, and as amended on April 19, 2000.
    (b) On May 11, 2009, the West Virginia Department of Environmental 
Protection submitted a State plan revision (1) that consolidates all 
existing section 111(d)/129 incinerator regulatory requirements into one 
modified rule, WV45CSR18.
    (c) On September 7, 2011 the West Virginia Department of 
Environmental Protection submitted a State plan revision that updates 
the state rule for Control of Air Pollution from Combustion of Solid 
Waste in Hospital/Medical/Infectious Waste Incinerators, WV45CSR18.

[65 FR 37049, June 13, 2000, as amended at 74 FR 38348, Aug. 3, 2009; 77 
FR 3391, Jan. 24, 2012]



Sec.  62.12151  Identification of sources.

    The plan applies to each individual HMIWI:
    (a) For which construction was commenced on or before June 20, 1996, 
or for which modification was commenced on or before March 16, 1998.
    (b) For which construction was commenced after June 20, 1996 but no 
later than December 1, 2008, or for which modification is commenced 
after March 16, 1998 but no later than April 6, 2010.

[77 FR 3391, Jan. 24, 2012]



Sec.  62.12152  Effective date.

    (a) The effective date of the plan is July 28, 2000.
    (b) Plan revision 1 is effective October 2, 2009.
    (c) The September 7, 2011 plan revision is effective March 26, 2012.

[65 FR 37049, June 13, 2000, as amended at 74 FR 38348, Aug. 3, 2009; 77 
FR 3391, Jan. 24, 2012]

 Emissions From Existing Commercial Industrial Solid Waste Incinerators 
                (CISWI) Units (Section 111(d)/129 Plans)



Sec.  62.12155  Identification of plan.

    (a) Section 111(d)/129 CISWI plan submitted on November 29, 2001, 
amended September 25, 2002, and January 22, 2003.
    (b) On May 11, 2009, the West Virginia Department of Environmental 
Protection submitted a State plan revision (1) that consolidates all 
existing section 111(d)/129 incinerator regulatory requirements into one 
modified rule, WV45CSR18.

[68 FR 17741, Apr. 11, 2003, as amended at 74 FR 38346, Aug. 3, 2009]



Sec.  62.12156  Identification of sources.

    The plan applies to the Dupont CISWI unit located in Wood County, 
West Virginia.

[68 FR 17741, Apr. 11, 2003]



Sec.  62.12157  Effective date.

    (a) The effective date of the plan is June 10, 2003.
    (b) Plan revision 1 is effective October 2, 2009.

[68 FR 17741, Apr. 11, 2003, as amended at 74 FR 38346, Aug. 3, 2009]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.12160  Identification of plan--negative declaration.

    Letter from the West Virginia Department of Environmental 
Protection, Division of Air Quality, submitted July 3, 2001, certifying 
that there are no existing small municipal waste combustion units within 
the State of West Virginia that are subject to 40 CFR part 60, subpart 
BBBB.

[68 FR 28774, May 27, 2003]

           Emissions From Other Solid Waste Incinerator Units



Sec.  62.12165  Identification of plan--negative declaration.

    Letter from the West Virginia Department of Environmental Protection 
submitted June 2, 2006, certifying that there are no existing other 
solid waste

[[Page 459]]

incinerator units within the State of West Virginia that are subject to 
40 CFR part 60, subpart FFFF.

[72 FR 37633, July 11, 2007]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.12170  Identification of plan--negative declaration.

    Letter from the West Virginia Department of Environmental 
Protection, submitted to EPA on August 27, 2012, certifying that there 
are no known existing sewage sludge incineration units in the State of 
West Virginia.

[79 FR 39336, July 10, 2014]



                          Subpart YY_Wisconsin

    Control of Air Emissions from Hospital/Medical/Infectious Waste 
                              Incinerators



Sec.  62.12320  Identification of plan--negative declaration.

    On July 15, 2013, the Wisconsin Department of Natural Resources 
submitted a negative declaration letter to EPA certifying that there are 
no existing Hospital/Medical/Infectious Waste Incinerators (HMIWI) units 
in the State of Wisconsin subject to the emissions guidelines at 40 CFR 
part 60, subpart Ce.

[78 FR 72583, Dec. 3, 2013]

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.12350  Identification of plan--negative declaration.

    The State Department of Natural Resources submitted on May 24, 1977, 
a letter certifying that there are no existing phosphate fertilizer 
plants in the State subject to part 60, subpart B of this chapter.

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.12360  Identification of plan.

    On September 25, 2020, the Wisconsin Department of Natural Resources 
submitted a withdrawal letter to EPA certifying that there is only one 
Large Municipal Waste Combustor unit in the State of Wisconsin subject 
to the emissions guidelines at 40 CFR part 60, subpart Eb, and requested 
that the Federal Plan at subpart FFF of this part, apply.

[86 FR 24731, May 10, 2021]



                           Subpart ZZ_Wyoming

    Source: 63 FR 29646, June 1, 1998, unless otherwise noted.

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills



Sec.  62.12600  Identification of plan.

    Section 35, ``Municipal Solid Waste Landfills,'' of the Wyoming Air 
Quality Standards and Regulations and associated documentation submitted 
by the State on February 13, 1998.



Sec.  62.12601  Identification of sources.

    The plan applies to all existing municipal solid waste landfills for 
which construction, reconstruction, or modification was commenced before 
May 30, 1991 that accepted waste at any time since November 8, 1987 or 
that have additional capacity available for future waste deposition, as 
described in 40 CFR part 60, subpart CC.



Sec.  62.12602  Effective date.

    The effective date of the plan for municipal solid waste landfills 
is July 31, 1998.

    Air Emissions From Hospital/Medical/Infectious Waste Incinerators

    Source: Sections 62.12610 through 62.12612 appear at 65 FR 38740, 
June 22, 2000, unless otherwise noted.



Sec.  62.12610  Identification of plan.

    Section 111(d)/129 Plan for Hospital/Medical/Infectious Waste 
Incinerators and the associated State regulation, Chapter 4, Section 5, 
and Chapter 5 of the Wyoming Air Quality Standards and Regulations, 
submitted by the

[[Page 460]]

State on September 7, 1999 and November 9, 1999, and as amended on May 
13, 2015 and November 24, 2015.

[81 FR 67920, Oct. 3, 2016]



Sec.  62.12611  Identification of sources.

    The plan applies to each individual hospital/medical/infectious 
waste incinerator:
    (a) For which construction was commenced on or before June 20, 1996, 
or for which modification was commenced on or before March 16, 1998.
    (b) For which construction was commenced after June 20, 1996 but no 
later than December 1, 2008, or for which modification is commenced 
after March 16, 1998 but no later than April 6, 2010.

[81 FR 67920, Oct. 3, 2016]



Sec.  62.12612  Effective date.

    The effective date of the plan for hospital/medical/infectious waste 
incinerators is December 2, 2016.

[81 FR 67920, Oct. 3, 2016]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.12620  Identification of plan--negative declaration.

    Letter from the Wyoming Department of Environmental Quality 
submitted April 23, 2015, certifying that there are no existing large 
municipal waste combustion units within the State of Wyoming that are 
subject to part 60, subpart Cb, of this chapter.

[82 FR 44742, Sept. 26, 2017]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
                              Incinerators



Sec.  62.12630  Identification of plan--negative declaration.

    Letter from the Wyoming Department of Environmental Quality 
submitted February 23, 2017, certifying that there are no existing 
commercial and industrial solid waste incineration units within the 
State of Wyoming that are subject to part 60, subpart DDDD, of this 
chapter.

[82 FR 44742, Sept. 26, 2017]

        Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.12640  Identification of plan--negative declaration.

    Letter from Wyoming Department of Environmental Quality submitted to 
EPA and dated February 28, 2013, certifying that there are no known 
existing sewage sludge incineration units in the State of Wyoming.

[80 FR 10610, Feb. 27, 2015]

     Emissions From Existing Small Municipal Waste Combustion Units



Sec.  62.12650  Identification of plan--negative declaration.

    Letter from the Wyoming Department of Environmental Quality 
submitted October 9, 2001, certifying that there are no existing small 
municipal waste combustion units within the State of Wyoming that are 
subject to part 60, subpart BBBB, of this chapter.

[82 FR 44743, Sept. 26, 2017]

      Emissions From Existing Other Solid Waste Incineration Units



Sec.  62.12660  Identification of plan--negative declaration.

    Letter from the Wyoming Department of Environmental Quality 
submitted May 3, 2007, certifying that there are no existing other solid 
waste incineration units within the State of Wyoming that are subject to 
part 60, subpart FFFF, of this chapter.

[82 FR 44743, Sept. 26, 2017]



                       Subpart AAA_American Samoa

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.12900  Identification of plan--negative declaration.

    Letter from the American Samoa Environmental Protection Agency, 
submitted on January 20, 1998, certifying

[[Page 461]]

that there are no municipal waste combustion units subject to part 60, 
subpart Cb, of this chapter.

[68 FR 58614, Oct. 10, 2003]



                         Subpart BBB_Puerto Rico

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.13100  Identification of plan--negative declaration

    The Commonwealth Environmental Quality Board submitted, on January 
31, 1978, a letter certifying that there are no existing phosphate 
fertilizer plants in Commonwealth subject to part 60, subpart B of this 
chapter.

[44 FR 41180, July 16, 1979]

    Sulfuric Acid Mist Emissions From Sulfuric Acid Production Plants



Sec.  62.13101  Identification of plan--negative declaration.

    The Commonwealth Environmental Quality Board submitted, on January 
31, 1978, a letter certifying that there are no existing sulfuric acid 
plants in the Commonwealth subject to part 60, subpart B of this 
chapter.

[45 FR 37432, June 3, 1980; 46 FR 27342, May 19, 1981]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.13102  Identification of plan--negative declaration.

    The Commonwealth of Puerto Rico submitted on April 28, 1981, a 
letter certifying that there are no existing primary aluminum plants in 
the Commonwealth subject to part 60 subpart B of this chapter.

[46 FR 43834, Sept. 1, 1981]

               Total Reduced Sulfur From Kraft Pulp Mills



Sec.  62.13103  Identification of plan--negative declaration.

    The Commonwealth of Puerto Rico submitted on April 28, 1981, a 
letter certifying that there are no existing kraft pulp mills in the 
Commonwealth subject to part 60 subpart B of this chapter.

[46 FR 43834, Sept. 1, 1981]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.13104  Identification of plan--negative declaration.

    Letter from the Office of the Governor submitted December 12, 1996 
certifying that there are no existing municipal waste combustor units in 
the Territory of Puerto Rico that are subject to part 60, subpart Cb, of 
this chapter.

[65 FR 33468, May 24, 2000]

Air Emissions From Existing Small Municipal Waste Combustion Units With 
 the Capacity To Combust at Least 35 Tons Per Day but No More Than 250 
    Tons Per Day of Municipal Solid Waste or Refuse Derived Fuel and 
                Constructed on or Before August 30, 1999



Sec.  62.13105  Identification of plan--negative declaration.

    Letter from the Puerto Rico Environmental Quality Board, submitted 
August 2, 2001, certifying that there are no existing small municipal 
waste combustion units in the Commonwealth of Puerto Rico subject to 
part 60, subpart BBBB of this chapter.

[66 FR 54718, Oct. 30, 2001]

    Control of Air Emissions of Designated Pollutants From Existing 
          Hospital, Medical, and Infectious Waste Incinerators



Sec.  62.13106  Identification of plan.

    (a) The Puerto Rico Environmental Quality Board submitted to the 
Environmental Protection Agency on February 20, 2001, a ``State Plan for 
implementation and enforcement of 40 CFR part 60, subpart Ce, Emission 
Guidelines and Compliance Times for Hospital/Medical/Infectious Waste 
Incinerators.

[[Page 462]]

    (b) Identification of sources: The plan applies to all applicable 
existing hospital/medical/infectious waste incinerators for which 
construction commenced on or before June 20, 1996.

[67 FR 41181, June 17, 2002]

  Landfill Gas Emissions From Existing Municipal Solid Waste Landfills 
                          (Section 111(d) Plan)



Sec.  62.13107  Identification of plan.

    (a) The Puerto Rico Environmental Quality Board submitted to the 
Environmental Protection Agency a ``State Plan for implementation and 
enforcement of 40 CFR part 60, subpart Cc, Emission Guidelines and 
Compliance Times for Municipal Solid Waste Landfills on February 20, 
2001.''
    (b) Identification of sources: The plan applies to all applicable 
existing municipal solid waste landfills for which construction, 
reconstruction, or modification commenced before May 30, 1991; and for 
which waste has been accepted at any time since November 8, 1987 or that 
have added capacity for future waste deposition.

[67 FR 46600, July 16, 2002]

    Control of Air Emissions of Designated Pollutants From Existing 
        Commercial and Industrial Solid Waste Incineration Units



Sec.  62.13108  Identification of plan.

    (a) The Puerto Rico Environmental Quality Board submitted to the 
Environmental Protection Agency on May 20, 2003, a ``State Plan'' for 
implementation and enforcement of 40 CFR part 60, subpart DDDD, Emission 
Guidelines and Compliance Times for Commercial and Industrial Solid 
Waste Incineration Units. The State Plan includes revisions to Rule 102 
and Rule 405 of the Puerto Rico Regulations for the Control of 
Atmospheric Pollution, entitled, ``Definitions'' and ``Incineration'', 
respectively. Revised Rules 102 and 405 were adopted on June 4, 2003 and 
effective on July 4, 2003.
    (b) Identification of sources: The plan applies to all applicable 
existing Commercial and Industrial Solid Waste Incineration Units for 
which construction commenced on or before November 30, 1999.

[69 FR 11539, Mar. 11, 2004]

      Air Emissions From Existing Sewage Sludge Incineration Units



Sec.  62.13109  Identification of plan.

    (a) On July 30, 2014, the Puerto Rico Environmental Quality Board 
(PREQB) submitted to the Environmental Protection Agency a section 
111(d)/129 plan for implementation and enforcement of 40 CFR part 60, 
subpart MMMM--Emission Guidelines and Compliance Times for Existing 
Sewage Sludge Incineration Units. In emails dated June 4, 2015, August 
10, 2015 and November 10, 2015, the PREQB submitted clarifying 
information concerning Puerto Rico's plan. The State plan includes 
revisions to Rule 102 and Rule 405 of the Puerto Rico Regulations for 
the Control of Atmospheric Pollution, entitled, ``Definitions'' and 
``Incineration,'' Respectively. The revisions to Rules 102 and 405 
became effective on July 13, 2014. At the request of Puerto Rico, EPA 
has not taken any action on a provision of its State plan allowing for 
affirmative defenses of Clean Air Act violations in the case of 
malfunctions.
    (b) Identification of sources: The plan applies to existing sewage 
sludge incineration (SSI) units that:
    (1) Commenced construction on or before October 14, 2010; or
    (2) Commenced a modification on or before September 21, 2011 
primarily to comply with Puerto Rico's plan; and
    (3) Meets the definition of a SSI unit defined in Puerto Rico's 
plan.
    (c) The effective date of the plan for existing sewage sludge 
incineration units is May 31, 2016.

[81 FR 25613, Apr. 29, 2016]

     Air Emissions From Other Solid Waste Incineration (OSWI) Units 
               Constructed on or Before December 16, 2005



Sec.  62.13110  Identifcation of plan-negative declaration.

    Letter from Commonwealth of Puerto Rico, Office of Environmental 
Quality Board, September 25, 2006 to Alan Steinberg Regional 
Administrator EPA Region 2 certifying that there are no

[[Page 463]]

existing OSWI units in the Commonwealth of Puerto Rico subject to 40 CFR 
part 60, subpart FFFF.

[81 FR 75710, Nov. 1, 2016]



                       Subpart CCC_Virgin Islands

           Fluoride Emissions From Phosphate Fertilizer Plants



Sec.  62.13350  Identification of plan--negative declaration.

    The Territory Department of Conservation and Cultural Affairs 
submitted, on November 3, 1977, a letter certifying that there are no 
existing phosphate fertilizer plants in the Territory subject to part 
60, subpart B of this chapter.

[44 FR 41181, July 16, 1979]

         Sulfuric Acid Mist Emissions From Sulfuric Acid Plants



Sec.  62.13351  Identification of plan--negative declaration.

    The Territory Department of Conservation and Cultural Affairs 
submitted, on November 8, 1977, a letter certifying that there are no 
existing sulfuric acid plants in the Territory subject to part 60, 
subpart B of this chapter.

[45 FR 37432, June 3, 1980; 46 FR 27342, May 19, 1981]

          Total Reduced Sulfur Emissions From Kraft Pulp Mills



Sec.  62.13352  Identification of plan--negative declaration.

    The Virgin Islands Department of Conservation and Cultural Affairs 
submitted, on July 31, 1979, a letter certifying that there are no 
existing kraft pulp mills in the Territory subject to part 60, subpart B 
of this chapter.

[45 FR 80826, Dec. 8, 1980; 46 FR 27342, May 19, 1981]

        Fluoride Emissions From Primary Aluminum Reduction Plants



Sec.  62.13353  Identification of plan--negative declaration.

    The Virgin Islands Department of Conservation and Cultural Affairs 
submitted, on July 21, 1980, a letter certifying that there are no 
primary aluminum plants in the Territory subject to part 60, subpart B 
of this chapter.

[46 FR 30497, June 9, 1981]

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.13354  Identification of plan--negative declaration.

    Letter from the Department of Planning and Natural Resources 
submitted September 29, 1997 certifying that there are no existing 
municipal waste combustor units in the Territory of Virgin Islands that 
are subject to part 60, subpart Cb, of this chapter.

[65 FR 33468, May 24, 2000]

Air Emissions From Existing Small Municipal Waste Combustion Units With 
 the Capacity To Combust at Least 35 Tons Per Day but No More Than 250 
    Tons Per Day of Municipal Solid Waste or Refuse Derived Fuel and 
                Constructed on or Before August 30, 1999



Sec.  62.13355  Identification of plan--negative declaration.

    Letter from the Virgin Islands Department of Planning and Natural 
Resources, submitted July 17, 2002, certifying that there are no 
existing small municipal waste combustion units in the Territory of the 
United States Virgin Islands subject to part 60, subpart BBBB of this 
chapter.

[67 FR 76119, Dec. 11, 2002]

   Air Emissions From Existing Commercial and Industrial Solid Waste 
    Incineration Units Constructed on or Before November 30, 1999 or 
             Reconstructed or Modified Prior to June 1, 2001



Sec.  62.13356  Identification of plan--negative declaration.

    Letter from the Virgin Islands Department of Planning and Natural 
Resources, submitted October 25, 2002, certifying that there are no 
existing commercial and industrial solid waste incineration units in the 
Territory of

[[Page 464]]

the United States Virgin Islands subject to part 60, subpart DDDD of 
this chapter.

[68 FR 9022, Feb. 27, 2003]

Air Emissions From Existing Sewage Sludge Incineration Units Constructed 
                      on or Before October 14, 2010



Sec.  62.13357  Identification of plan--negative declaration.

    Letter from the Virgin Islands Department of Planning and Natural 
Resources, submitted December 1, 2015 to EPA Regional Administrator 
Judith A. Enck, certifying that there are no existing Sewage Sludge 
Incinerator units in the Territory of the United States Virgin Islands 
subject to 40 CFR part 60, subpart MMMM.

[81 FR 58407, Aug. 25, 2016]

     Air Emissions From Other Solid Waste Incineration (OSWI) Units 
               Constructed on or Before December 16, 2005



Sec.  62.13358  Identification of plan--negative declaration.

    Letter from the Virgin Islands Department of Planning and Natural 
Resources submitted April 04, 2017 to Acting Regional Administrator 
Catherine R. Mc Cabe, certifying that the United States Virgin Islands 
has no existing unites pursuant to 40 CFR 60 Subpart FFFF, Emissions 
Guidelines and Compliaince Times for Other Solid Waste Incineration 
Units that commenced construction on or before December 9, 2004.

[82 FR 43309, Sept. 15, 2017]

 Air Emissions From Commercial and Industrial Solid Waste Incineration 
(CISWI) Units That Commenced Construction on or Before June 4, 2010, or 
That Commenced Modification or Reconstruction After June 4, 2010 But Not 
                        Later Than August 7, 2013



Sec.  62.13359  Identification of plan--negative declaration.

    Letter from the Virgin Islands Department of Planning and Natural 
Resources submitted August 17, 2016 to Regional Administrator Judith A. 
Enck certifying that the United States Virgin Islands has no existing 
units pursuant to 40 CFR part 60, subpart DDDD, that commenced 
construction on or before June 4, 2010, or that commenced modification 
or reconstruction after June 4, 2010 but not later than August 7, 2013.

[83 FR 40155, Aug. 14, 2018]



                  Subpart DDD_Northern Mariana Islands

Emissions From Existing Municipal Waste Combustors With the Capacity To 
       Burn Greater Than 250 Tons Per Day of Municipal Solid Waste



Sec.  62.13600  Identification of plan--negative declaration.

    Letter from the Commonwealth of the Northern Mariana Islands 
Division of Environmental Quality, submitted on January 27, 1998, 
certifying that there are no municipal waste combustion units subject to 
part 60, subpart Cb, of this chapter.

[68 FR 58614, Oct. 10, 2003]

Subpart EEE [Reserved]



    Subpart FFF_Federal Plan Requirements for Large Municipal Waste 
         Combustors Constructed on or Before September 20, 1994

    Source: 63 FR 63202, Nov. 12, 1998, unless otherwise noted.



Sec.  62.14100  Scope and delegation of authority.

    (a) This subpart contains emission requirements and compliance 
schedules for the control of pollutants from certain municipal waste 
combustors in accordance with section 111(d) and section 129 of the 
Clean Air Act and 40 CFR part 60, subparts B and Cb. This municipal 
waste combustor Federal plan applies to each affected facility as 
defined in Sec.  62.14102 that is not covered by an EPA approved and 
currently effective State or Tribal plan. This Federal plan, or portions 
thereof, also applies to each affected facility in any

[[Page 465]]

State whose approved State plan is subsequently vacated in whole or in 
part. This Federal plan, or portions thereof, also applies to each 
affected facility located in Indian country if the approved Tribal plan 
for that area is subsequently vacated in whole or in part.
    (b) The following authorities shall be retained by the EPA 
Administrator and not transferred to the State upon delegation of 
authority to the State to implement and enforce the Federal plan:
    (1) An alternative emission standard;
    (2) Major alternatives to test methods;
    (3) Major alternatives to monitoring;
    (4) Waiver of recordkeeping; and
    (5) Waiver of training requirement for chief facility operators, 
shift supervisors, and control room operators who have obtained 
provisional certification on or before the effective date of this 
subpart, as provided in Sec.  62.14105(d)(2) of this subpart.



Sec.  62.14101  Definitions.

    Terms used but not defined in this subpart have the meaning given to 
them in the Clean Air Act and 40 CFR part 60, subparts A, B, and Eb.
    Contract means a legally binding agreement or obligation that cannot 
be canceled or modified without substantial financial loss.
    De-rate means to make a permanent physical change to the municipal 
waste combustor unit that reduces the maximum combustion capacity of the 
unit to less than or equal to 250 tons per day of municipal solid waste. 
A permit restriction or a change in the method of operation does not 
qualify as de-rating. (See the procedures specified in 40 CFR 60.58b(j) 
of subpart Eb for calculating municipal waste combustor unit capacity.)
    EPA approved State plan means a State plan that EPA has reviewed and 
approved based on the requirements in 40 CFR part 60, subpart B to 
implement and enforce 40 CFR part 60, subpart Cb. An approved State plan 
becomes effective on the date specified in the notice published in the 
Federal Register announcing EPA's approval.
    Municipal waste combustor plant means one or more affected 
facilities (as defined in Sec.  62.14102) at the same location.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    State means any of the 50 United States and the protectorates of the 
United States.
    State plan means a plan submitted pursuant to section 111(d) and 
section 129(b)(2) of the Clean Air Act and 40 CFR part 60, subpart B 
that implements and enforces 40 CFR part 60, subpart Cb.
    Tribal plan means a plan submitted by a Tribal Authority pursuant to 
40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 CFR 
part 60, subpart Cb.



Sec.  62.14102  Affected facilities.

    (a) The affected facility to which this subpart applies is each 
municipal waste combustor unit with a capacity to combust greater than 
250 tons per day of municipal solid waste for which construction was 
commenced on or before September 20, 1994 that is not regulated by an 
EPA approved and currently effective State or Tribal plan. Table 1 of 
this subpart lists those units regulated by an EPA approved State plan. 
Notwithstanding the exclusions in table 1 of this subpart, this subpart 
applies to affected facilities not regulated by an EPA approved and 
currently effective State or Tribal plan.
    (b) A municipal waste combustor unit regulated by an EPA approved 
and currently effective State or Tribal plan is not regulated by this 
subpart.
    (c) Any municipal waste combustor unit that has the capacity to 
combust more than 250 tons per day of municipal solid waste and is 
subject to a Federally enforceable permit limiting the maximum amount of 
municipal solid waste that may be combusted in the unit to less than 11 
tons per day is not subject to this subpart if the owner or operator:
    (1) Notifies the EPA Administrator of an exemption claim;
    (2) Provides a copy of the Federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day; and

[[Page 466]]

    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (d) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with the 
emission requirements of this subpart are not considered in determining 
whether the unit is a modified or reconstructed facility under 40 CFR 
part 60, subpart Ea or subpart Eb.
    (e) A qualifying small power production facility, as defined in 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that 
burns homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies the EPA Administrator of this exemption and provides data 
documenting that the facility qualifies for this exemption.
    (f) A qualifying cogeneration facility, as defined in section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns 
homogeneous waste (such as automotive tires or used oil, but not 
including refuse-derived fuel) for the production of electric energy and 
steam or forms of useful energy (such as heat) that are used for 
industrial, commercial, heating, or cooling purposes, is not subject to 
this subpart if the owner or operator of the facility notifies the EPA 
Administrator of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (g) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies the EPA Administrator of an exemption claim; and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (h) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (i) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (j) Any cofired combustor, as defined under 40 CFR 60.51b of subpart 
Eb that meets the capacity specifications in paragraph (a) of this 
section is not subject to this subpart if the owner or operator of the 
cofired combustor:
    (1) Notifies the EPA Administrator of an exemption claim;
    (2) Provides a copy of the Federally enforceable permit (specified 
in the definition of cofired combustor in this section); and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (k) Air curtain incinerators, as defined under 40 CFR 60.51b, that 
meet the capacity specifications in paragraph (a) of this section, and 
that combust a fuel stream composed of 100 percent yard waste are exempt 
from all provisions of this subpart except the opacity standard under 
Sec.  62.14107, and the testing procedures and the reporting and 
recordkeeping provisions under Sec.  62.14109.
    (l) Air curtain incinerators that meet the capacity specifications 
in paragraph (a) of this section and that combust municipal solid waste 
other than yard waste are subject to all provisions of this subpart.
    (m) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in 40 CFR 60.51b) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, 
liquefied petroleum gas, propane, or butane produced by chemical plants 
or petroleum refineries that use feestocks produced by plastics/rubber 
recycling units are not subject to this subpart.

[[Page 467]]

    (n) Cement kilns firing municipal solid waste are not subject to 
this subpart.

[63 FR 63202, Nov. 12, 1998; 64 FR 17219, Apr. 8, 1999]



Sec.  62.14103  Emission limits for municipal waste combustor metals,
acid gases, organics, and nitrogen oxides.

    (a) The emission limits for municipal waste combustor metals are 
specified in paragraphs (a)(1) through (a)(3) of this section.
    (1) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain: particulate matter in excess of 27 milligrams per dry 
standard cubic meter, corrected to 7 percent oxygen; and opacity in 
excess of 10 percent (6-minute average).
    (2) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain: cadmium in excess of 0.040 milligrams per dry standard 
cubic meter, corrected to 7 percent oxygen; and lead in excess of 0.44 
milligrams per dry standard cubic meter, corrected to 7 percent oxygen.
    (3) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain mercury in excess of 0.080 milligrams per dry standard 
cubic meter or 15 percent of the potential mercury emission 
concentration (85-percent reduction by weight), corrected to 7 percent 
oxygen, whichever is less stringent.
    (b) The emission limits for municipal waste combustor acid gases, 
expressed as sulfur dioxide and hydrogen chloride, are specified in 
paragraphs (b)(1) and (b)(2) of this section.
    (1) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain sulfur dioxide in excess of 29 parts per million by volume 
or 25 percent of the potential sulfur dioxide emission concentration 
(75-percent reduction by weight or volume), corrected to 7 percent 
oxygen (dry basis), whichever is less stringent. Compliance with this 
emission limit is based on a 24-hour daily geometric mean.
    (2) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain hydrogen chloride in excess of 29 parts per million by 
volume or 5 percent of the potential hydrogen chloride emission 
concentration (95-percent reduction by weight or volume), corrected to 7 
percent oxygen (dry basis), whichever is less stringent.
    (c) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain municipal waste combustor organics, expressed as total mass 
dioxins/furans, in excess of the emission limits specified in either 
paragraph (c)(1) or (c)(2) of this section, as applicable.
    (1) The emission limit for affected facilities that employ an 
electrostatic precipitator-based emission control system is 60 nanograms 
per dry standard cubic meter (total mass), corrected to 7 percent 
oxygen.
    (2) The emission limit for affected facilities that do not employ an 
electrostatic precipitator-based emission control system is 30 nanograms 
per dry standard cubic meter (total mass), corrected to 7 percent 
oxygen.
    (d) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain nitrogen oxides in excess of the emission limits listed in 
table 2 of this subpart for affected facilities. Table 2 of this subpart 
provides emission limits for the nitrogen oxides concentration level for 
each type of affected facility.



Sec.  62.14104  Requirements for municipal waste combustor operating 
practices.

    (a) The owner or operator of an affected facility must not cause to 
be discharged into the atmosphere from that affected facility any gases 
that contain carbon monoxide in excess of the emission limits listed in 
table 3 of this subpart. Table 3 provides emission limits for the carbon 
monoxide concentration level for each type of affected facility.
    (b) The owner or operator of an affected facility must comply with 
the

[[Page 468]]

municipal waste combustor operating practice requirements listed in 40 
CFR 60.53b(b) and (c) of subpart Eb. For calculating the steam (or 
feedwater) flow required under 40 CFR 60.58(i)(6)(i), proceed in 
accordance with ASME PTC 4.1-1964 (Reaffirmed 1991), Power Test Codes: 
Test Code for Steam Generating Units (with 1968 and 1969 Addenda). For 
design, construction, installation, calibration, and use of nozzles and 
orifices required in 40 CFR 60.58(i)(6)(ii), proceed in accordance with 
the recommendations in ASME Interim Supplement 19.5 on Instruments and 
Apparatus: Application, Part II of Fluid Meters, 6th Edition (1971). The 
Director of the Federal Register approves these incorporations by 
reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may 
obtain a copy from the American Society of Mechanical Engineers, Service 
Center, 22 Law Drive, Post Office Box 2900, Fairfield, NJ 07007. You may 
inspect a copy at the Office of Air Quality Planning and Standards Air 
Docket, EPA, Mutual Building, Room 540, 411 West Chapel Hill Street, 
Durham, NC 27701, 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.

[63 FR 63202, Nov. 12, 1998, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  62.14105  Requirements for municipal waste combustor operator
training and certification.

    The owner or operator of an affected facility must comply with the 
municipal waste combustor operator training and certification 
requirements listed in paragraphs (a) through (g) of this section. For 
affected facilities, compliance with the municipal waste combustor 
operator training and certification requirements specified under 
paragraphs (a), (b), (d), and (g) of this section must be no later than 
12 months after the effective date of this subpart.
    (a) Each chief facility operator and shift supervisor must obtain 
and maintain a current provisional operator certification from either 
the American Society of Mechanical Engineers QRO-1-1994 or a State 
certification program in Connecticut and Maryland (if the affected 
facility is located in either of the respective States). If ASME 
certification is chosen, proceed in accordance with ASME QRO-1-1994, 
Standard for the Qualification and Certification of Resource Recovery 
Facility Operators. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may obtain a copy from the American Society of Mechanical 
Engineers, Service Center, 22 Law Drive, Post Office Box 2900, 
Fairfield, NJ 07007. You may inspect a copy at the Office of Air Quality 
Planning and Standards Air Docket, EPA, Mutual Building, Room 540, 411 
West Chapel Hill Street, Durham, NC 27701 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.
    (b) Each chief facility operator and shift supervisor must have 
completed full certification or must have scheduled a full certification 
exam with either the American Society of Mechanical Engineers QRO-1-1994 
or a State certification program in Connecticut and Maryland (if the 
affected facility is located in either of the respective States). If 
ASME certification is chosen, proceed in accordance with ASME QRO-1-
1994, Standard for the Qualification and Certification of Resource 
Recovery Facility Operators. The Director of the Federal Register 
approves this incorporation by reference in accordance with 5 U.S.C. 
552(a) and 1 CFR part 51. You may obtain a copy from the American 
Society of Mechanical Engineers, Service Center, 22 Law Drive, Post 
Office Box 2900, Fairfield, NJ 07007. You may inspect a copy at the 
Office of Air Quality Planning and Standards Air Docket, EPA, Mutual 
Building, Room 540, 411 West Chapel Hill Street, Durham, NC 27701 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/

[[Page 469]]

code_of_federal_regulations/ibr_locations.html.
    (c) The owner or operator of an affected facility must not allow the 
facility to be operated at any time unless one of the following persons 
is on duty at the affected facility: a fully certified chief facility 
operator; a provisionally certified chief facility operator who is 
scheduled to take the full certification exam no later than 12 months 
after the effective date of this subpart; a fully certified shift 
supervisor; or a provisionally certified shift supervisor who is 
scheduled to take the full certification exam no later than 12 months 
after the effective date of this subpart. If one of the persons listed 
in this paragraph must leave the affected facility during their 
operating shift, a provisionally certified control room operator who is 
onsite at the affected facility may fulfill the requirement in this 
paragraph.
    (d)(1) Each chief facility operator, shift supervisor, and control 
room operator at an affected facility must complete the EPA municipal 
waste combustor operator training course or the State municipal waste 
combustor operator training course in Connecticut (if the affected 
facility is located in Connecticut).
    (2) The requirement specified in this paragraph does not apply to 
chief facility operators, shift supervisors, and control room operators 
who have obtained full certification from the American Society of 
Mechanical Engineers on or before the effective date of this subpart. 
The owner or operator of an affected facility may request that the EPA 
Administrator waive the requirement specified in this paragraph for 
chief facility operators, shift supervisors, and control room operators 
who have obtained provisional certification from the American Society of 
Mechanical Engineers on or before the effective date of this subpart.
    (e) The owner or operator of an affected facility must develop and 
update on a yearly basis a site-specific operating manual that must, at 
a minimum, address the elements of municipal waste combustor unit 
operation specified in paragraphs (e)(1) through (e)(11) of this 
section.
    (1) A summary of the applicable standards under this subpart;
    (2) A description of basic combustion theory applicable to a 
municipal waste combustor unit;
    (3) Procedures for receiving, handling, and feeding municipal solid 
waste;
    (4) Procedures for municipal waste combustor unit startup, shutdown, 
and malfunction;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the municipal waste combustor unit 
within the standards established under this subpart;
    (7) Procedures for responding to periodic upset or off-specification 
conditions;
    (8) Procedures for minimizing particulate matter carryover;
    (9) Procedures for handling ash;
    (10) Procedures for monitoring municipal waste combustor unit 
emissions; and
    (11) Reporting and recordkeeping procedures.
    (f) The owner or operator of an affected facility must establish a 
training program to review the operating manual according to the 
schedule specified in paragraphs (f)(1) and (f)(2) of this section with 
each person who has responsibilities affecting the operation of an 
affected facility including, but not limited to, chief facility 
operators, shift supervisors, control room operators, ash handlers, 
maintenance personnel, and crane/load handlers.
    (1) Each person specified in paragraph (f) of this section must 
undergo initial training no later than the date specified in paragraph 
(f)(1)(i) or (f)(1)(ii) of this section, whichever is later.
    (i) The date prior to the day the person assumes responsibilities 
affecting municipal waste combustor unit operation; or
    (ii) The date 12 months after the effective date of this subpart.
    (2) Annually, following the initial review required by paragraph 
(f)(1) of this section.
    (g) The operating manual required by paragraph (e) of this section 
must be kept in a location readily accessible to

[[Page 470]]

each person required to undergo training under paragraph (f) of this 
section. The operating manual and records of training must be available 
for inspection by the EPA or its delegated enforcement agency upon 
request.

[63 FR 63202, Nov. 12, 1998, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  62.14106  Emission limits for municipal waste combustor fugitive
ash emissions.

    (a) The owner or operator of an affected facility must not cause to 
be discharged to the atmosphere from that affected facility visible 
emissions of combustion ash from an ash conveying system (including 
conveyor transfer points) in excess of 5 percent of the observation 
period (i.e., 9 minutes per 3-hour period), as determined by EPA 
Reference Method 22 observations as specified in 40 CFR 60.58b(k) of 
subpart Eb, except as provided in paragraphs (b) and (c) of this 
section.
    (b) The emission limit specified in paragraph (a) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emission limit 
specified in paragraph (a) of this section does cover visible emissions 
discharged to the atmosphere from buildings or enclosures of ash 
conveying systems.
    (c) The provisions specified in paragraph (a) of this section do not 
apply during maintenance and repair of ash conveying systems.



Sec.  62.14107  Emission limits for air curtain incinerators.

    The owner or operator of an air curtain incinerator with the 
capacity to combust greater than 250 tons per day of municipal solid 
waste and that combusts a fuel feed stream composed of 100 percent yard 
waste and no other municipal solid waste materials must not (at any 
time) cause to be discharged into the atmosphere from that incinerator 
any gases that exhibit greater than 10-percent opacity (6-minute 
average), except that an opacity level of up to 35 percent (6-minute 
average) is permitted during startup periods during the first 30 minutes 
of operation of the unit.



Sec.  62.14108  Compliance schedules.

    (a) The owner or operator of an affected facility must achieve the 
increments of progress specified in paragraphs (a)(1) through (a)(5) to 
retrofit air pollution control devices to meet the emission limits of 
this subpart. As specified in 40 CFR part 60, subpart B, the compliance 
schedules and increments of progress apply to each owner or operator of 
an affected facility who is taking longer than 1 year after the date of 
publication of this subpart FFF final rule to comply with the emission 
limits specified in this subpart.
    (1) Submit a final control plan according to the requirements of 
Sec.  62.14109(g).
    (2) Award contract(s): Award contract(s) to initiate on-site 
construction, initiate on-site installation of emission control 
equipment, or incorporate process changes. The owner or operator must 
submit a signed copy of the contract(s) awarded according to the 
requirements of Sec.  62.14109(h).
    (3) Initiate on-site construction: Initiate on-site construction, 
initiate on-site installation of emission control equipment, or initiate 
process changes needed to meet the emission limits as outlined in the 
final control plan.
    (4) Complete on-site construction: Complete on-site construction and 
installation of emission control equipment or complete process changes.
    (5) Achieve final compliance: Incorporate all process changes or 
complete retrofit construction as designed in the final control plan and 
connect the air pollution control equipment or process changes with the 
affected facility identified in the final control plan such that if the 
affected facility is brought on line, all necessary process changes or 
air pollution control equipment are operating fully. Within 180 days 
after the date the affected facility is required to achieve final 
compliance, the initial performance test must be conducted.
    (b) The owner or operator of an affected facility must achieve the 
increments of progress specified in paragraphs (a)(1) through (a)(5) of 
this section according to the schedule specified in paragraphs (b)(1) 
through (b)(4) of this section, except as provided in

[[Page 471]]

paragraphs (c), (d), and (e) of this section.
    (1) The owner or operator of an affected facility that commenced 
construction, modification, or reconstruction on or before June 26, 1987 
and will take longer than 1 year after the date of publication of this 
subpart FFF (or 1 year after a revised construction permit or a revised 
operating permit is issued, if a permit modification is required) to 
comply with the emission limits of this subpart must achieve the 
increments of progress according to the schedule in table 4 of this 
subpart, except for those affected facilities specified in paragraphs 
(b)(3) and (b)(4) of this section.
    (2) The owner or operator of an affected facility that began 
construction, modification, or reconstruction after June 26, 1987 must 
achieve the increments of progress according to the schedule in table 5 
of this subpart to comply with the emission limits of this subpart, 
except for those affected facilities specified in paragraphs (b)(3) and 
(b)(4) of this section.
    (3) The owner or operator of each specified affected facility in 
table 6 of this subpart must achieve the increments of progress 
according to the schedule in table 6 of this subpart.
    (4) For affected facilities that are subject to the schedule 
requirements of paragraph (b)(1) or (b)(2) of this section, the owner or 
operator (or the State air pollution control authority) may submit for 
approval alternative dates for achieving increments 2, 3, and 4. The 
owner or operator (or the State air pollution control authority) that is 
submitting these alternative dates must meet the reporting requirements 
of Sec.  62.14109(m).
    (c) The owner or operator of an affected facility that has ceased 
operation but will reopen prior to the applicable final compliance date 
specified in paragraphs (b)(1) through (b)(4) of this section must meet 
the same compliance dates and increments of progress specified in 
paragraphs (b)(1) through (b)(4) of this section.
    (d) The owner or operator of an affected facility that has ceased or 
ceases operation of an affected facility and restarts the affected 
facility after the compliance dates specified in paragraphs (b)(1) 
through (b)(4) of this section must comply with the emission limits, 
requirements for combustor operating practices, and operator training 
and certification requirements of this subpart upon the date the 
affected facility restarts. The initial performance tests required by 
Sec.  62.14109(c) must be conducted within 180 days after the date the 
unit restarts.
    (e) The owner or operator of an affected facility that will be de-
rated prior to the applicable final compliance date instead of complying 
with the emission limits of this subpart must meet the same increments 
of progress and achieve the de-rating by the final compliance date 
(specified in paragraphs (b)(1) through (b)(4) of this section) that 
would be applicable to the affected facility if it did not de-rate. The 
owner or operator of an affected facility that will be de-rated must 
meet the reporting requirements of Sec.  62.14109k. After de-rating is 
accomplished, the municipal waste combustor affected facility is no 
longer subject to this subpart.



Sec.  62.14109  Reporting and recordkeeping and compliance and performance
testing.

    (a) The owner or operator of an affected facility must comply with 
the reporting and recordkeeping provisions listed in 40 CFR 60.59b of 
subpart Eb, except as provided in paragraphs (a)(1) through (a)(3) of 
this section.
    (1) The siting requirements under 40 CFR 60.59b(a), (b)(5), and 
(d)(11) of subpart Eb and the notification of construction requirements 
under 40 CFR 60.59b(b) and (c) of subpart Eb do not apply.
    (2) 40 CFR 60.54b, 60.56b, and 60.58b(g)(5)(iii) of subpart Eb do 
not apply to this subpart (see Sec. Sec.  62.14105 and 62.14107 of this 
subpart).
    (b) The owner or operator of an affected facility must comply with 
the compliance and performance testing methods and procedures listed in 
40 CFR 60.58b of subpart Eb, except as provided in paragraphs (c) and 
(d) of this section.
    (c) The initial performance test must be completed within 180 days 
after the date of final compliance specified in Sec.  62.14108, rather 
than the date for the

[[Page 472]]

initial performance test specified in 40 CFR 60.58b of subpart Eb.
    (d) The owner or operator of an affected facility may follow the 
alternative performance testing schedule for dioxin/furan emissions 
specified in paragraph (d)(1) of this section.
    (1) If all performance tests for all affected facilities at the MWC 
plant over a 2-year period indicate that dioxin/furan emissions are less 
than or equal to 15 nanograms per dry standard cubic meter total mass, 
corrected to 7 percent oxygen for all affected facilities located within 
a municipal waste combustor plant, the owner or operator of the 
municipal waste combustor plant may elect to conduct annual performance 
tests for one affected facility (i.e., unit) per year at the municipal 
waste combustor plant. At a minimum, a performance test for dioxin/furan 
emissions shall be conducted annually (no more than 12 months following 
the previous performance test) for one affected facility at the 
municipal waste combustor plant. Each year a different affected facility 
at the municipal waste combustor plant shall be tested, and the affected 
facilities at the plant shall be tested in sequence (e.g., unit 1, unit 
2, unit 3, as applicable). If each annual performance test continues to 
indicate a dioxin/furan emission level less than or equal to 15 
nanograms per dry standard cubic meter (total mass), the owner or 
operator may continue conducting a performance test on only one affected 
facility per year. If any annual performance test indicates a dioxin/
furan emission level greater than 15 nanograms per dry standrd cubic 
meter (total mass), performance tests thereafter shall be conducted 
annually on all affected facilities at the plant until and unless all 
annual performance tests for all affected facilities at the plant over a 
2-year period indicate a dioxin/furan emission level less than or equal 
to 15 nanograms per dry standard cubic meter (total mass).
    (2) The owner or operator who is following the alternative 
performance testing schedule for dioxin/furan emissions specified in 
paragraph (d)(1) of this section may choose an alternative testing 
sequence (e.g., unit 1, 3, 2, 4) for affected facilities at the 
municipal waste combustor plant. The owner or operator must submit a 
request to EPA for approval of the alternative testing sequence. After 
approval, the alternative testing sequence is effective until a 
different testing sequence is received and approved by EPA.
    (e) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF 
final rule to comply with the emission limits of this subpart must 
submit notification to the EPA Regional Office within 10 business days 
of completing each increment. Each notification must indicate which 
increment of progress specified in Sec.  62.14108(a)(1) through (a)(5) 
has been achieved. The notification must be signed by the owner or 
operator of the affected facility.
    (f) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF to 
comply with the emission limits of this subpart who fails to meet any 
increment of progress specified in Sec.  62.14108(a)(1) through (a)(5) 
according to the applicable schedule in Sec.  62.14108 must submit 
notification to the EPA Regional Office within 10 business days of the 
applicable date in Sec.  62.14108 that the owner or operator failed to 
meet the increment.
    (g) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF to 
comply with the emission limits of this subpart must submit a final 
control plan by the date specified in Sec.  62.14108(b) with the 
notification required by Sec.  62.14109(e). The final control plan must, 
at a minimum, include a description of the air pollution control devices 
or process changes that will be employed for each unit to comply with 
the emission limits and other requirements of this subpart.
    (h) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF to 
comply with the emission limits of this subpart must submit a signed 
copy of the contract or contracts awarded according to the requirements 
of Sec.  62.14108(a)(2) with the notification required by Sec.  
62.14109(e).

[[Page 473]]

    (i) The owner or operator of an affected facility that is taking 
longer than 1 year after the date of publication of this subpart FFF to 
comply with the emission limits of this subpart must keep on site a copy 
of the final control plan required by Sec.  62.14109(g).
    (j) The owner or operator of an affected facility that plans to 
cease operation of the affected facility on or before December 19, 2000 
rather than comply with the emission limits of this subpart by the 
applicable compliance date specified in Sec.  62.14108 must submit a 
notification by the date specified for the final control plan according 
to the schedule specified in paragraphs Sec.  62.14108(b)(1) through 
(b)(4), as applicable. (Affected facilities that cease operation on or 
before December 19, 2000 rather than comply with the emission limits of 
this subpart by the compliance date specified in Sec.  62.14108 are not 
required to submit a final control plan.) The notification must state 
the date by which the affected facility will cease operation. If the 
cease operation date is later than 1 year after the date of publication 
of this subpart FFF, the owner or operator must enter into a legally 
binding closure agreement with EPA by the date the final control plan is 
due. The agreement must specify the date by which operation will cease.
    (k) The owner or operator of an affected facility that plans to de-
rate the affected facility on or before December 19, 2000 rather than 
comply with the emission limits of this subpart by the compliance date 
specified in Sec.  62.14108 must submit a final control plan as required 
by paragraph (g) of this section and submit notification of increments 
of progress as required by paragraphs (e) and (f) of this section and 
Sec.  62.14108(e) of this subpart.
    (1) The final control plan must, at a minimum, include the 
information in paragraphs (k)(1)(i) and (k)(1)(ii) of this section 
rather than the information in paragraph (g) of this section.
    (i) A description of the physical changes that will be made to 
accomplish the de-rating.
    (ii) Calculations of the current maximum combustion capacity and the 
planned maximum combustion capacity after the de-rating. (See the 
procedures specified in 40 CFR 60.58b(j) of subpart Eb for calculating 
municipal waste combustor unit capacity.)
    (2) The owner or operator must submit a signed copy of the contract 
or contracts awarded to initiate the de-rating with the notification 
required by paragraph (e) of this section.
    (l) The owner or operator of an affected facility that is ceasing 
operation more than 1 year following the date of publication of this 
subpart FFF must submit performance test results for dioxin/furan 
emissions conducted during or after 1990 for each affected facility by 
the date 1 year after the date of publication of this subpart FFF. The 
performance test shall be conducted according to the procedure in 
paragraph (b) of this section.
    (m) The owner or operator (or the State air pollution control 
authority) that is submitting alternative dates for increments 2, 3, and 
4 according to Sec.  62.14108(b)(4) must submit the alternative dates by 
the date specified for the final control plan according to the schedule 
specified in paragraphs Sec.  62.14108 (b)(1) and (b)(2), as applicable. 
The owner or operator (or the State air pollution control authority) 
must submit a justification if any of the alternative dates are later 
than the increment dates in tables 4 or 5 of this subpart. The owner or 
operator must also submit the alternative dates and justification to the 
State.

[63 FR 63202, Nov. 12, 1998; 64 FR 17219, Apr. 8, 1999]



Sec. Table 1 to Subpart FFF of Part 62--Municipal Waste Combustor Units 
                (MWC Units) Excluded From Subpart FFF \1\

------------------------------------------------------------------------
            State                              MWC units
------------------------------------------------------------------------
Alabama......................  Existing facilities with an MWC unit
                                capacity greater than 250 tons per day
                                of municipal solid waste at the
                                following MWC sites:
                               (a) Solid Waste Disposal Authority of the
                                City of Huntsville, Alabama.
Florida......................  Existing MWC units with capacity to
                                combust more than 250 tons per day of
                                municipal solid waste.

[[Page 474]]

 
Georgia......................  Existing facilities with a MWC unit
                                capacity greater than 250 tons per day
                                of municipal solid waste at the
                                following MWC sites:
                                (a) Savannah Energy Systems Company,
                                Savannah, Georgia.
Illinois.....................  Existing MWC units located at Robbins
                                Resource Recovery Center, Robbins,
                                Illinois.
Maine........................  Existing facilities with an MWC unit
                                capacity greater than 250 tons per day
                                of municipal solid waste at the
                                following MWC sites:
                               (a) Penobscot Energy Recovery Company,
                                Orrington, Maine.
                               (b) Maine Energy Recovery Company,
                                Biddeford, Maine.
                               (c) Regional Waste Systems, Inc.,
                                Portland, Maine.
Maryland.....................  Existing MWC facilities with an MWC unit
                                capacity greater than 250 tons per day
                                of municipal solid waste.
Minnesota....................  All MWC units with unit capacities
                                greater than 93.75 million British
                                thermal units per hour on a heat input
                                basis (250 tons per day) located in
                                Minnesota.
New York.....................  Existing MWC units with capacity to
                                combust more than 250 tons per day of
                                municipal solid waste.
Oklahoma.....................  Existing MWC facilities with an MWC unit
                                capacity greater than 250 tons per day
                                of municipal solid waste at the
                                following MWC site:
                               Ogden-Martin Systems of Tulsa,
                                Incorporated, 2122 South Yukon Avenue,
                                Tulsa, Oklahoma.
Oregon.......................  Existing facilities at the following MWC
                                sites:
                                (a) Ogden Martin Systems, Marion County,
                                Oregon.
                                (b) Coos County, Coos Bay, Oregon.
Pennsylvania.................  Existing MWC facilities with an MWC unit
                                capacity greater than 250 tons per day
                                of municipal solid waste at the
                                following MWC site:
                               (a) American Ref-fuel of Delaware Valley,
                                LP (formerly Delaware County Resource
                                Recovery facility), City of Chester, PA.
                               (b) Harrisburg Materials, Energy,
                                Recycling and Recovery Facility, City of
                                Harrisburg, PA.
                               (c) Lancaster County Solid Waste
                                Management Authority, Conoy Township,
                                Lancaster County, PA.
                               (d) Montenay Montgomery Limited
                                Partnership, Plymouth Township,
                                Montgomery County, PA.
                               (e) Wheelabrator Falls, Inc., Falls
                                Township, Bucks County, PA.
                               (f) York County Solid Waste and Refuse
                                Authority, York, PA.
South Carolina...............  Existing facilities with a MWC unit
                                capacity greater than 250 tons per day
                                of municipal solid waste at the
                                following MWC sites:
                                (a) Foster Wheeler Charleston Resource
                                Recovery Facility, Charleston, South
                                Carolina.
Tennessee....................  Existing MWC units with capacity to
                                combust more than 250 tons per day of
                                municipal solid waste.
------------------------------------------------------------------------
\1\ Notwithstanding the exclusions in table 1 of this subpart, this
  subpart applies to affected facilities not regulated by an EPA
  approved and currently effective State or Tribal plan.


[63 FR 63202, Nov. 12, 1998, as amended at 65 FR 33468, May 24, 2000]



Sec. Table 2 to Subpart FFF of Part 62--Nitrogen Oxides Requirements for 
                           Affected Facilities

------------------------------------------------------------------------
                                                      Nitrogen oxides
                                                   emission limit (parts
       Municipal waste combustor technology            per million by
                                                        volume) \a\
------------------------------------------------------------------------
Mass burn waterwall..............................  205.
Mass burn rotary waterwall.......................  250.
Refuse-derived fuel combustor....................  250.
Fluidized bed combustor..........................  180.
Mass burn refractory combustors..................  No limit.
------------------------------------------------------------------------
\a\ Corrected to 7 percent oxygen, dry basis.



   Sec. Table 3 to Subpart FFF of Part 62--Municipal Waste Combustor 
                         Operating Requirements

------------------------------------------------------------------------
                                              Carbon
                                             monoxide
                                             emissions    Averaging time
  Municipal waste combustor technology     level (parts      (hrs) \b\
                                          per million by
                                            volume) \a\
------------------------------------------------------------------------
Mass burn waterwall.....................             100               4
Mass burn refractory....................             100               4
Mass burn rotary refractory.............             100              24
Mass burn rotary waterwall..............             250              24
Modular starved air.....................              50               4
Modular excess air......................              50               4
Refuse-derived fuel stoker..............             200              24
Fluidized bed, mixed fuel (wood/refuse-              200          \c\ 24
 derived fuel)..........................
Bubbling fluidized bed combustor........             100               4

[[Page 475]]

 
Circulating fluidized bed combustor.....             100               4
Pulverized coal/refuse-derived fuel                  150               4
 mixed fuel-fired combustor.............
Spreader stoker coal/refuse-derived fuel             200             24
 mixed fuel-fired combustor.............
------------------------------------------------------------------------
\a\ Measured at the combustor outlet in conjunction with a measurement
  of oxygen concentration, corrected to 7 percent oxygen, dry basis.
  Calculated as an arithmetic average.
\b\ Averaging times are 4-hour or 24-hour block averages.
\c\ 24-hour block average, geometric mean.


[69 FR 42121, July 14, 2004]



Sec. Table 4 to Subpart FFF of Part 62--Generic Compliance Schedule and 
              Increments of Progress (Pre-1987 MWCs) \a b\

----------------------------------------------------------------------------------------------------------------
                                                                                    Increment 4
                                  Increment 1       Increment 2     Increment 3    Complete on-     Increment 5
     Affected facilities          Submit final         Award       Begin on-site       site            Final
                                  control plan       contracts     construction    construction     compliance
----------------------------------------------------------------------------------------------------------------
Affected facilities that       January 11, 1999.        05/18/99        11/16/99        11/19/00        12/19/00
 commenced construction,
 modification, or
 reconstruction on or before
 June 26, 1987 (All
 pollutants).
----------------------------------------------------------------------------------------------------------------
\a\ Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-
  specific compliance schedules shown in Table 6 of this subpart.
\b\ As an alternative to this schedule, the owner or operator may close the affected facility by December 19,
  2000, complete the retrofit while the affected facility is closed, and achieve final compliance upon
  restarting. See Sec.  Sec.   62.14108(c), 62.14108(d), and 62.14109(i) of this subpart.



Sec. Table 5 to Subpart FFF of Part 62--Generic Compliance Schedules and 
                         Increments of Progress

                                             [Post-1987 MWCs] \a b\
----------------------------------------------------------------------------------------------------------------
                                                                     Increment 3   Increment 4
                                        Increment 1    Increment 2    Begin on-   Complete on-     Increment 5
        Affected facilities            Submit final       Award         site          site      Final compliance
                                       control plan     contracts   construction  construction
----------------------------------------------------------------------------------------------------------------
Affected facilities that commenced
 construction modification, or
 reconstruction after June 26,
 1987:
    1. Emission limits for Hg,       NA\c\...........        NA\c\         NA\c\         NA\c\  11/12/99 or 1
     dioxin/furan.                                                                               year after
                                                                                                 permit issuance
                                                                                                 \d e\
    2. Emission limits for SO2,      January 11, 1999     05/18/99      11/16/99      11/19/00  12/19/00.
     HCl, PM, Pb, Cd, opacity CO,
     NOX.
----------------------------------------------------------------------------------------------------------------
\a\ Table 4 or 5 of this subpart applies to MWC units subject to the Federal plan except those with site-
  specific compliance schedules shown in table 6 of this subpart.
\b\ As an alternative to this schedule, the unit may close by December 19, 2000, complete retrofit while closed,
  and achieve final compliance upon restarting. See Sec.  Sec.   62.14108(c), 62.14108(d), and 62.14109(i) of
  this subpart.
\c\ Because final compliance is achieved in 1 year, no increments of progress are required.
\d\ Permit issuance is issuance of a revised construction permit or revised operating permit, if a permit
  modification is required to retrofit controls.
\e\ Final compliance must be achieved no later than December 19, 2000, even if the date ``1 year after permit
  issuance'' exceeds December 19, 2000.


[63 FR 63202, Nov. 12, 1998, as amended at 65 FR 33468, May 24, 2000]

[[Page 476]]



    Sec. Table 6 to Subpart FFF of Part 62--Site-Specific Compliance 
                Schedules and Increments of Progress \a\

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                Increment 4  Increment 5
    Affected facilities at the                               Increment 1 Submit     Increment 2 Award    Increment 3 Begin on- Complete on-     Final
        following MWC sites              City, State         final control plan         contracts          site construction       site       compliance
                                                                                                                               construction      \c\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Stanislaus Resource Recovery        Crows Landing,         January 11, 1999.....  01/19/00.............  05/19/00............      11/19/00     12/19/00
 Facility.                           California.
Southeast Resource Recovery         Long Beach,            January 11, 1999.....  04/30/99.............  10/31/99............      04/30/00     12/19/00
 Facility.                           California.
All large MWC units...............  Maine................  January 11, 1999.....  01/01/99.............  07/01/99............      09/01/00     12/19/00
Baltimore Resco...................  Baltimore, Maryland..  January 11, 1999.....  January 11, 1999.....  January 11, 1999....      09/01/00     12/19/00
All large MWC units...............  New Jersey \b\.......  January 11, 1999.....  05/18/99.............  11/14/99............      11/19/00     12/19/00
American Ref-Fuel.................  Delaware County,       11/01/98.............  05/18/99.............  11/14/99............      11/19/00     12/19/00
                                     Pennsylvania.
Montenay Energy Resource..........  Montgomery County,     11/01/98.............  05/18/99.............  11/14/99............      11/19/00     12/19/00
                                     Pennsylvania.
I-95 Energy/Resource Recovery       Lorton, Virginia.....  January 11, 1999.....  10/15/99.............  03/01/00............      11/19/00     12/19/00
 Facility.
New Hanover County, Unit 3A.......  Wilmington, North      09/15/99.............  03/01/00.............  07/01/00............      11/19/00    12/19/00
                                     Carolina.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ These schedules have been reviewed and determined to be acceptable by EPA.
\b\ This schedule applies to HC1 SO2, PM, Pb, Cd, CO, and NOX. However, owners and operators of large MWC units in New Jersey have the option of
  reserving the portion of their control plan that addresses NOX. Owners and operators must submit the reserved portion to EPA by December 15, 1999.
\c\ The owner or operator of an affected facility that began construction, modification, or reconstruction after June 26, 1987 must achieve final
  compliance with the mercury and dioxins/furans limits within 1 year after promulgation of subpart FFF (i.e., by 11/12/99) or 1 year after permit
  issuance. Permit issuance is issuance of a revised construction permit or revised operating permit if a permit modification is required to retrofit
  controls. Final compliance must be achieved no later than December 19, 2000, even if the date ``1 year after permit issuance'' exceeds December 19,
  2000.


[63 FR 63202, Nov. 12, 1998; 64 FR 17219, Apr. 8, 1999, as amended at 65 
FR 33469, May 24, 2000]



    Subpart GGG_Federal Plan Requirements for Municipal Solid Waste 
Landfills That Commenced Construction Prior to May 30, 1991 and Have Not 
            Been Modified or Reconstructed Since May 30, 1991

    Source: 64 FR 60703, Nov. 8, 1999, unless otherwise noted.



Sec.  62.14350  Scope and delegation of authority.

    (a) This subpart contains emission requirements and compliance 
schedules for the control of designated pollutants from certain 
municipal solid waste landfills in accordance with section 111(d) of the 
Clean Air Act and 40 CFR part 60, subpart B. This municipal solid waste 
landfills Federal plan applies to each designated facility as defined in 
Sec.  62.14352 of this subpart that is not covered by an EPA approved 
and currently effective State or Tribal plan.
    (b) The following authorities shall be retained by the Administrator 
and not transferred to the State or Tribe upon delegation of authority 
to the State or Tribe to implement and enforce the Federal plan pursuant 
to sections 101(a)(3) and 111 of the Clean Air Act:
    (1) Approval of alternative methods to determine site-specific NMOC 
concentration (C NMOC) or site-specific methane generation 
rate constant (k) used in calculating the annual NMOC emission rate (as 
provided in 40 CFR 60.754(a)(5) of subpart WWW),
    (2) Alternative emission standards,
    (3) Major alternatives \1\ to test methods,
---------------------------------------------------------------------------

    \1\ Major changes to test methods or to monitoring are modifications 
made to a federally enforceable test method or to a federal monitoring 
requirement. These changes would involve the use of unproven technology 
or procedures or an entirely new method (which is sometimes necessary 
when the required test method or monitoring requirement is unsuitable).
---------------------------------------------------------------------------

    (4) Major alternatives to monitoring, or
    (5) Waivers of recordkeeping.

[[Page 477]]



Sec.  62.14351  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and 40 CFR part 60, subparts A, B, and WWW.
    Achieve final compliance means to connect and operate the collection 
and control system as specified in the final control plan. Within 180 
days after the date the landfill is required to achieve final 
compliance, the initial performance test must be conducted.
    Award contract means the MSW landfill owner or operator enters into 
legally binding agreements or contractual obligations that cannot be 
canceled or modified without substantial financial loss to the MSW 
landfill owner or operator. The MSW landfill owner or operator may award 
a number of contracts to install the collection and control system. To 
meet this increment of progress, the MSW landfill owner or operator must 
award a contract or contracts to initiate on-site construction or 
installation of the collection and control system.
    Complete on-site construction means that all necessary collection 
system components and air pollution control devices identified in the 
final control plan are on site, in place, and ready for operation.
    Design capacity means the maximum amount of solid waste a landfill 
can accept, as indicated in terms of volume or mass in the most recent 
permit issued by the State, local, or Tribal agency responsible for 
regulating the landfill, plus any in-place waste not accounted for in 
the most recent permit. If the owner or operator chooses to convert the 
design capacity from volume to mass or from mass to volume to 
demonstrate its design capacity is less than 2.5 million megagrams or 
2.5 million cubic meters, the calculation must include a site-specific 
density, which must be recalculated annually.
    EPA approved State plan means a State plan that EPA has approved 
based on the requirements in 40 CFR part 60, subpart B to implement and 
enforce 40 CFR part 60, subpart Cc. An approved State plan becomes 
effective on the date specified in the notice published in the Federal 
Register announcing EPA's approval.
    Federal Indian Reservation means for purposes of the Clean Air Act, 
all land within the limits of any Indian reservation under the 
jurisdiction of the United States government, notwithstanding the 
issuance of any patent, and including rights-of-way running through the 
reservation.
    Final control plan (Collection and control system design plan) means 
a plan that describes the collection and control system that will 
capture the gas generated within an MSW landfill. The collection and 
control system design plan must be prepared by a professional engineer 
and must describe a collection and control system that meets the 
requirements of 40 CFR 60.752(b)(2)(ii). The final control plan must 
contain engineering specifications and drawings of the collection and 
control system. The final control plan must include any alternatives to 
the operational standards, test methods, procedures, compliance 
measures, monitoring, recordkeeping or reporting provisions of 40 CFR 
60.753 through 60.758 proposed by the owner or operator. The final 
control plan must either conform with the specifications for active 
collection systems in 40 CFR 60.759 or include a demonstration that 
shows that based on the size of the landfill and the amount of waste 
expected to be accepted, the system is sized properly to collect the 
gas, control emissions of NMOC to the required level and meet the 
operational standards for a landfill.
    Indian Country means all land within the limits of any Indian 
reservation under the jurisdiction of the United States government, 
notwithstanding the issuance of any patent, and including rights-of-way 
running through the reservation; all dependent Indian communities within 
the borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or without 
the limits of a State; and all Indian allotments, the Indian titles to 
which have not been extinguished, including rights-of-way running 
through the same.
    Initiate on-site construction means to begin any of the following: 
installation of the collection and control system to be used to comply 
with the emission limits as outlined in the final control

[[Page 478]]

plan; physical preparation necessary for the installation of the 
collection and control system to be used to comply with the final 
emission limits as outlined in the final control plan; or, alteration of 
an existing collection and control system to be used to comply with the 
final emission limits as outlined in the final control plan.
    Modification means an increase in the permitted volume design 
capacity of the landfill by either horizontal or vertical expansion 
based on its permitted design capacity as of May 30, 1991. Modification 
does not occur until the owner or operator commences construction on the 
horizontal or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. A municipal solid waste landfill may also 
receive other types of RCRA Subtitle D wastes such as commercial solid 
waste, nonhazardous sludge, conditionally exempt small quantity 
generator waste, and industrial solid waste. Portions of a municipal 
solid waste landfill may be separated by access roads. A municipal solid 
waste landfill may be publicly or privately owned.
    Negative declaration letter means a letter to EPA declaring that 
there are no existing MSW landfills in the State or that there are no 
existing MSW landfills in the State that must install collection and 
control systems according to the requirements of 40 CFR part 60, subpart 
Cc. The negative declaration letter must include the design capacities 
of any existing MSW landfills with a design capacity less than 2.5 
million megagrams or 2.5 million cubic meters.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    State means any of the 50 United States and the protectorates of the 
United States.
    State plan means a plan submitted pursuant to section 111(d) of the 
Clean Air Act and 40 CFR part 60, subpart B that implements and enforces 
40 CFR part 60, subpart Cc. State plans include plans developed by 
States, local agencies, and protectorates.
    Tribal plan means a plan submitted by a Tribal Authority pursuant to 
40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 CFR 
part 60, subpart Cc.



Sec.  62.14352  Designated facilities.

    (a) The designated facility to which this subpart applies is each 
municipal solid waste landfill in all States, protectorates, and Indian 
Country that meets the conditions of paragraphs (a)(1) and (a)(2) of 
this section, except for landfills exempted by paragraphs (b) and (c) of 
this section.
    (1) The municipal solid waste landfill commenced construction, 
reconstruction, or modification before May 30, 1991 (landfills that 
commence construction, modification, or reconstruction on or after May 
30, 1991 are subject to 40 CFR part 60, subpart WWW), and
    (2) The municipal solid waste landfill has accepted waste at any 
time since November 8, 1987 or the landfill has additional capacity for 
future waste deposition.
    (b) A municipal solid waste landfill regulated by an EPA approved 
and currently effective State or Tribal plan is not subject to the 
requirements of this subpart. States that have an approved and effective 
State plan are listed in table 1 of this subpart. Notwithstanding the 
exclusions in table 1 of this subpart, any MSW landfill located in a 
State or portion of Indian country that does not have an EPA approved 
and currently effective State or Tribal plan is subject to the 
requirements of this subpart.
    (c) A municipal solid waste landfill located in a State, locality, 
or portion of Indian country that submitted a negative declaration 
letter is not subject to the requirements of this subpart other than the 
requirements in the definition of design capacity to recalculate the 
site-specific density annually and in Sec.  62.14355 to submit an 
amended design capacity report in the event that the recalculated design 
capacity is equal to or greater than 2.5 million megagrams and 2.5 
million cubic meters. However, if the existing municipal solid waste 
landfill already

[[Page 479]]

has a design capacity equal to or greater than 2.5 million megagrams and 
2.5 million cubic meters, then it is subject to the requirements of the 
Federal plan. States, localities, or portions of Indian country that 
submitted negative declaration letters are listed in table 2 of this 
subpart.
    (d) Physical or operational changes made to an existing municipal 
solid waste landfill solely to comply with an emission guideline are not 
considered a modification or reconstruction and would not subject an 
existing municipal solid waste landfill to the requirements of 40 CFR 
part 60, subpart WWW.
    (e) For purposes of obtaining an operating permit under title V of 
the Clean Air Act, the owner or operator of a municipal solid waste 
landfill subject to this subpart with a design capacity less than 2.5 
million megagrams or 2.5 million cubic meters is not subject to the 
requirement to obtain an operating permit for the landfill under part 70 
or 71 of this chapter, unless the landfill is otherwise subject to 
either part 70 or 71. For purposes of submitting a timely application 
for an operating permit under part 70 or 71, the owner or operator of a 
municipal solid waste landfill subject to this subpart with a design 
capacity greater than or equal to 2.5 million megagrams and 2.5 million 
cubic meters on January 7, 2,000 and not otherwise subject to either 
part 70 or 71, becomes subject to the requirements of Sec.  
70.5(a)(1)(i) or Sec.  71.5(a)(1)(i) of this chapter April 6, 2000, even 
if the initial design capacity report is submitted earlier. In addition, 
the owner or operator of a municipal solid waste landfill subject to 
this subpart with a design capacity less than 2.5 million megagrams or 
2.5 million cubic meters on January 7, 2000, and not otherwise subject 
to either part 70 or 71, but whose design capacity subsequently 
increases to equal or exceed 2.5 million megagrams and 2.5 million cubic 
meters by a change that is not a modification or reconstruction becomes 
subject to the requirements of Sec.  70.5(a)(1)(i) or Sec.  
71.5(a)(1)(i) of this chapter upon the date the amended design capacity 
report is due.
    (f) When a municipal solid waste landfill subject to this subpart is 
closed, the owner or operator is no longer subject to the requirement to 
maintain an operating permit under part 70 or 71 of this chapter for the 
landfill if the landfill is not otherwise subject to the requirements of 
either part 70 or 71 and if either of the following conditions are met:
    (1) The landfill was never subject to the requirement for a control 
system under Sec.  62.14353 of this subpart; or
    (2) The owner or operator meets the conditions for control system 
removal specified in 40 CFR 60.752(b)(2)(v).



Sec.  62.14353  Standards for municipal solid waste landfill emissions.

    (a) The owner or operator of a designated facility having a design 
capacity less than 2.5 million megagrams or 2.5 million cubic meters 
must comply with the requirements of 40 CFR 60.752(a) in addition to the 
applicable reporting and recordkeeping requirements specified in this 
subpart.
    (b) The owner or operator of a designated facility having a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters must comply with the requirements of 40 CFR 60.752(b) in 
addition to the applicable reporting and recordkeeping requirements 
specified in this subpart.



Sec.  62.14354  Procedures, test methods, and monitoring.

    (a) The owner or operator of a designated facility having a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters must calculate the landfill nonmethane organic compounds 
emission rate using the procedures listed in 40 CFR 60.754, as 
applicable, to determine whether the landfill nonmethane organic 
compounds emission rate equals or exceeds 50 megagrams per year.
    (b) The owner or operator of a designated facility with a gas 
collection and control system used to comply with Sec.  62.14353(b) must 
comply with the operational standards in 40 CFR 60.753; the test 
procedures in 40 CFR 60.754(b) and (d); the compliance provisions in 40 
CFR 60.755; and the monitoring provisions in 40 CFR 60.756, unless 
alternative procedures have been approved.

[[Page 480]]



Sec.  62.14355  Reporting and recordkeeping requirements.

    (a) The owner or operator of a designated facility must comply with 
the recordkeeping and reporting provisions listed in 40 CFR 60.757 and 
60.758, except as provided for under paragraphs (a)(1) and (a)(2) of 
this section.
    (1) The initial design capacity report for a designated facility is 
due within 90 days of the effective date of this subpart. Existing MSW 
landfills with a design capacity less than 2.5 million megagrams or 2.5 
million cubic meters that are located in States that submitted a 
negative declaration letter are not required to submit an initial design 
capacity report provided that the MSW landfill's design capacity was 
included in the negative declaration letter.
    (2) The initial nonmethane organic compounds emission rate report 
for a designated facility is due within 90 days of the effective date of 
this subpart.
    (b) The owner or operator of a designated facility must submit 
notification to the EPA Regional Office within 10 business days of 
completing each increment of progress. Each notification must indicate 
which increment of progress specified in Sec.  62.14356(a)(1) through 
(a)(5) of this subpart has been achieved. The notification must be 
signed by the owner or operator of the landfill.
    (1) For the first increment of progress, the final control plan 
(collection and control system design plan) must be submitted in 
addition to the notification. A copy of the design plan must also be 
kept on site at the landfill.
    (2) For the second increment of progress, a signed copy of the 
contract(s) awarded must be submitted in addition to the notification.
    (c) The owner or operator of a designated facility who fails to meet 
any increment of progress specified in Sec.  62.14356(a)(1) through 
(a)(5) of this subpart according to the applicable schedule in Sec.  
62.14356 of this subpart must submit notification that the owner or 
operator failed to meet the increment to the EPA Regional Office within 
10 business days of the applicable date in Sec.  62.14356.
    (d) The owner or operator (or the State or Tribal air pollution 
control authority) that is submitting alternative dates for increments 2 
and 3 according to Sec.  62.14356(d) of this subpart must do so by the 
date specified for submitting the final control plan. The date for 
submitting the final control plan is specified in Sec.  62.14356(c)(1) 
and (c)(2) of this subpart, as applicable. The owner or operator (or the 
State or Tribal air pollution control authority) must submit a 
justification if any of the alternative dates are later than the 
increment dates in table 3 of this subpart. In addition to submitting 
the alternative dates to the appropriate EPA Regional Office, the owner 
or operator must also submit the alternative dates to the State.



Sec.  62.14356  Compliance schedules and increments of progress.

    (a) Increments of progress. The owner or operator of a designated 
facility that has a design capacity equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters and a nonmethane organic compound 
emission rate greater than or equal to 50 megagrams per year must 
achieve the increments of progress specified in paragraphs (a)(1) 
through (a)(5) of this section to install air pollution control devices 
to meet the emission standards specified in Sec.  62.14353(b) of this 
subpart. (Refer to Sec.  62.14351 for a definition of each increment of 
progress.)
    (1) Submit control plan: Submit a final control plan (collection and 
control system design plan) according to the requirements of Sec.  
62.14353(b) of this subpart and 40 CFR 60.752(b)(2).
    (2) Award contract(s): Award contract(s) to initiate on-site 
construction or initiate on-site installation of emission collection 
and/or control equipment.
    (3) Initiate on-site construction: Initiate on-site construction or 
initiate on-site installation of emission collection and/or control 
equipment as described in the EPA-approved final control plan.
    (4) Complete on-site construction: Complete on-site construction and 
installation of emission collection and/or control equipment.

[[Page 481]]

    (5) Achieve final compliance: Complete construction in accordance 
with the design specified in the EPA-approved final control plan and 
connect the landfill gas collection system and air pollution control 
equipment such that they are fully operating. The initial performance 
test must be conducted within 180 days after the date the facility is 
required to achieve final compliance.
    (b) Compliance date. For each designated facility that has a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters and a nonmethane organic compound emission rate greater 
than or equal to 50 Mg per year, planning, awarding of contracts, and 
installation of municipal solid waste landfill air emission collection 
and control equipment capable of meeting the standards in Sec.  
62.14353(b) must be accomplished within 30 months after the date the 
initial emission rate report (or the annual emission rate report) first 
shows that the nonmethane organic compounds emission rate equals or 
exceeds 50 megagrams per year.
    (c) Compliance schedules. The owner or operator of a designated 
facility that has a design capacity equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters and a nonmethane organic compound 
emission rate greater than or equal to 50 megagrams per year must 
achieve the increments of progress specified in paragraphs (a)(1) 
through (a)(5) of this section according to the schedule specified in 
paragraph (c)(1) or (c)(2) of this section, unless a site-specific 
schedule is approved by EPA.
    (1) The owner or operator of a designated facility must achieve the 
increments of progress according to the schedule in table 3 of this 
subpart, except for those affected facilities specified in paragraph 
(c)(2) of this section. Once this subpart becomes effective on January 
7, 2000, any designated facility to which this subpart applies will 
remain subject to the schedule in table 3 if a subsequently approved 
State or Tribal plan contains a less stringent schedule, (i.e., a 
schedule that provides more time to comply with increments 1, 4 and/or 5 
than does this Federal plan).
    (2) The owner or operator of the specified designated facility in 
table 4 of this subpart must achieve the increments of progress 
according to the schedule in table 4 of this subpart.
    (d) For designated facilities that are subject to the schedule 
requirements of paragraph (c)(1) of this section, the owner or operator 
(or the State or Tribal air pollution control authority) may submit to 
the appropriate EPA Regional Office for approval alternative dates for 
achieving increments 2 and 3.



Sec. Table 1 to Subpart GGG of Part 62--States That Have an Approved and 
                        Effective State Plan \a\

------------------------------------------------------------------------
                                                          Effective date
                       State plan                          of state plan
                                                                \b\
------------------------------------------------------------------------
Alabama.................................................        12/07/98
Allegheny County, Pennsylvania..........................        04/16/99
Arizona.................................................        11/19/99
California..............................................        11/22/99
Colorado................................................        09/28/98
Delaware................................................        11/16/99
Florida.................................................        08/03/99
Georgia.................................................        01/12/99
Illinois................................................        01/22/99
Iowa....................................................        06/22/98
Kansas..................................................        05/19/98
Kentucky................................................        06/21/99
Louisiana...............................................        10/28/97
Maryland................................................         11/8/99
Minnesota...............................................        09/25/98
Missouri................................................        06/23/98
Montana.................................................        09/08/98
Nashville, Tennessee....................................        02/16/99
Nebraska................................................        06/23/98
Nevada..................................................        11/19/99
New Mexico..............................................        02/10/98
New York................................................        09/17/99
North Dakota............................................        02/13/98
Ohio....................................................        10/06/98
Oklahoma................................................        05/18/99
Oregon..................................................        08/25/98
South Carolina..........................................        10/25/99
South Dakota............................................        08/02/99
Tennessee...............................................        11/29/99
Texas...................................................        08/16/99
Utah....................................................        03/16/98
Wyoming.................................................        07/31/98
------------------------------------------------------------------------
\a\ This table is provided as a matter of convenience and is not
  controlling in determining whether a MSW landfill is subject to the
  Federal plan. A MSW landfill is subject to this Federal plan if it
  commenced construction before May 30, 1991 and has not been modified
  or reconstructed on or after that date and is not covered by an
  approved and currently effective State or Tribal plan.
\b\ The State plan is expected to become effective on the date
  indicated. However, if the State plan does not become effective on the
  date indicated, the Federal plan applies until the State plan becomes
  effective.


[[Page 482]]



Sec. Table 2 to Subpart GGG of Part 62--States That Submitted a Negative 
                         Declaration Letter \a\

------------------------------------------------------------------------
                                                              Date of
      State, locality, or portion of Indian country          negative
                                                            declaration
------------------------------------------------------------------------
District of Columbia....................................        09/11/97
New Hampshire...........................................        07/22/98
Philadelphia, Pennsylvania..............................        02/27/96
Rhode Island............................................        05/27/98
Vermont.................................................        08/20/96
------------------------------------------------------------------------
\a\ A MSW landfill with a design capacity equal to or greater than 2.5
  million megagrams and 2.5 million cubic meters located in an area for
  which a negative declaration letter was submitted is subject to the
  Federal plan, notwithstanding the negative declaration letter and this
  table 2.



Sec. Table 3 to Subpart GGG of Part 62--Generic Compliance Schedule and 
                       Increments of Progress \a\

------------------------------------------------------------------------
               Increment                               Date
------------------------------------------------------------------------
Increment 1--Submit final control plan.  1 year after initial NMOC
                                          emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                          =50 Mg/yr.\b\
Increment 2--Award Contracts...........  20 months after initial NMOC
                                          emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                          =50 Mg/yr.\b\
Increment 3--Begin on-site construction  24 months after initial NMOC
                                          emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                          =50 Mg/yr.\b\
Increment 4--Complete on-site            30 months after initial NMOC
 construction.                            emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                          =50 Mg/yr.\b\
Increment 5--Final compliance..........  30 months after initial NMOC
                                          emission rate report or the
                                          first annual emission rate
                                          report showing NMOC emissions
                                          =50 Mg/yr.\b\
------------------------------------------------------------------------
\a\ Table 3 of subpart GGG applies to landfills with design capacities
  =2.5 million megagrams and 2.5 million cubic meters that
  are subject to this subpart except those with site-specific compliance
  schedules shown in table 4 of subpart GGG.
\b\ NMOC = nonmethane organic compounds Mg/yr = megagrams per year



    Sec. Table 4 to Subpart GGG of Part 62--Site-Specific Compliance 
             Schedules and Increments of Progress [Reserved]



 Subpart HHH_Federal Plan Requirements for Hospital/Medical/Infectious 
      Waste Incinerators Constructed On Or Before December 1, 2008

    Source: 65 FR 49881, Aug. 15, 2000, unless otherwise noted.

                              Applicability



Sec.  62.14400  Am I subject to this subpart?

    (a) You are subject to this subpart if paragraphs (a)(1), (2)(i) or 
(ii), and (3) of this section are all true:
    (1) You own or operate an HMIWI that is not covered by an EPA 
approved and effective State or Tribal plan;
    (2)(i) Construction of the HMIWI commenced on or before June 20, 
1996, or modification of the HMIWI commenced on or before March 16, 
1998; or
    (ii) Construction of the HMIWI commenced after June 20, 1996 but no 
later than December 1, 2008, or modification of the HMIWI commenced 
after March 16, 1998 but no later than April 6, 2010; and
    (3) You do not meet any of the exemptions in paragraph (b) of this 
section.
    (b) The following exemptions apply:

[[Page 483]]



----------------------------------------------------------------------------------------------------------------
             If you . . .                   And you . . .            And you . . .            Then you . . .
----------------------------------------------------------------------------------------------------------------
(1) Own or operate an HMIWI that       Notify the EPA           Keep records on a        Are not subject to the
 combusts only pathological waste,      Administrator (or        calendar quarter basis   other sections of this
 low-level radioactive waste, and/or    delegated enforcement    of the periods of time   subpart during periods
 chemothera-peutic waste (all defined   authority) of an         when only pathological   when only
 in 40 CFR 62.14490).                   exemption claim.         waste, low-level radio   pathological, low-
                                                                 active waste, and/or     level radioactive, and/
                                                                 chemo therapeutic        or chemotherapeutic
                                                                 waste is combusted,      wastes are combusted.
                                                                 and you submit such
                                                                 records to the EPA
                                                                 Administrator (or
                                                                 delegated enforcement
                                                                 authority) upon
                                                                 request,.
(2) Own or operate a co-fired          Notify the EPA           Keep records on a        Are not subject to the
 combustor (defined in 40 CFR           Administrator (or        calendar quarter basis   other sections of this
 62.14490).                             delegated enforcement    of the weight of         subpart.
                                        authority) of an         hospital waste and
                                        exemption claim and      medical/infectious
                                        you provide an           waste combusted as
                                        estimate of the          well as the weight of
                                        relative weight of       all other fuels and
                                        hospital waste,          wastes combusted at
                                        medical/infectious       the co-fired
                                        waste, and other fuels   combustor, and these
                                        and/or wastes to be      records reflect that
                                        combusted.               the source continues
                                                                 to meet the definition
                                                                 of co-fired combustor
                                                                 in 40 CFR 62.14490,
                                                                 and you submit such
                                                                 records to the EPA
                                                                 Administrator (or
                                                                 delegated enforcement
                                                                 authority) upon
                                                                 request.
(3) Own or operate a combustor that    .......................  .......................  Are not subject to this
 must have a permit under Section                                                         subpart.
 3005 of the Solid Waste Disposal Act.
(4) Own or operate a combustor which   .......................  .......................  Are not subject to this
 meets the applicability requirements                                                     subpart.
 of 40 CFR part 60 subpart Cb, Ea, or
 Eb (standards or guidelines for
 certain municipal waste combustors).
(5) Own or operate a pyrolysis unit    .......................  .......................  Are not subject to this
 (defined in 40 CFR 62.14490)                                                             subpart.
 processing hospital waste and/or
 medical/infectious waste.
(6) Own or operate a cement kiln       .......................  .......................  Are not subject to this
 firing hospital waste and/or medical/                                                    subpart.
 infectious waste.
----------------------------------------------------------------------------------------------------------------

    (c) Owners or operators of sources that qualify for the exemptions 
in paragraphs (b)(1) or (2) of this section must submit records required 
to support their claims of exemption to the EPA Administrator (or 
delegated enforcement authority) upon request. Upon request by any 
person under the regulation at part 2 of this chapter (or a comparable 
law or regulation governing a delegated enforcement authority), the EPA 
Administrator (or delegated enforcement authority) must request the 
records in (b)(1) or (2) from an owner or operator and make such records 
available to the requestor to the extent required by part 2 of this 
chapter (or a comparable law governing a delegated enforcement 
authority). Records required under paragraphs (b)(1) and (2) of this 
section must be maintained by the source for a period of at least 5 
years. Notifications of exemption claims required under paragraphs 
(b)(1) and (2) of this section must be maintained by the EPA or 
delegated enforcement authority for as long as the source is operating 
under such exempt status. Any information obtained from an owner or 
operator of a source accompanied by a claim of confidentiality will be 
treated in accordance with the regulations in part 2 of this chapter (or 
a comparable law

[[Page 484]]

governing a delegated enforcement authority).

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28066, May 13, 2013]



Sec.  62.14401  How do I determine if my HMIWI is covered by an approved and effective State or Tribal plan?

    This part (40 CFR part 62) contains a list of all states and tribal 
areas with approved Clean Air Act (CAA) section 111(d)/129 plans in 
effect. However, this part is only updated once a year. Thus, if this 
part does not indicate that your state or tribal area has an approved 
and effective plan, you should contact your state environmental agency's 
air director or your EPA Regional Office to determine if approval 
occurred since publication of the most recent version of this part. A 
state may also meet its CAA section 111(d)/129 obligations by submitting 
an acceptable written request for delegation of the federal plan that 
meets the requirements of this section. This is the only other option 
for a state to meet its 111(d)/129 obligations.
    (a) An acceptable Federal plan delegation request must include the 
following:
    (1) A demonstration of adequate resources and legal authority to 
administer and enforce the Federal plan.
    (2) The items under Sec. Sec.  60.25(a) and 60.39e(c).
    (3) Certification that the hearing on the state delegation request, 
similar to the hearing for a state plan submittal, was held, a list of 
witnesses and their organizational affiliations, if any, appearing at 
the hearing, and a brief written summary of each presentation or written 
submission.
    (4) A commitment to enter into a Memorandum of Agreement with the 
Regional Administrator who sets forth the terms, conditions and 
effective date of the delegation and that serves as the mechanism for 
the transfer of authority. Additional guidance and information is given 
in the EPA's Delegation Manual, Item 7-139, Implementation and 
Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3) Federal plans.
    (b) A state with an already approved HMIWI CAA section 111(d)/129 
state plan is not precluded from receiving EPA approval of a delegation 
request for the revised Federal plan, providing the requirements of 
paragraph (a) of this section are met, and at the time of the delegation 
request, the state also requests withdrawal of the EPA's previous state 
plan approval.
    (c) A state's CAA section 111(d)/129 obligations are separate from 
its obligations under Title V of the CAA.

[78 FR 28066, May 13, 2013]



Sec.  62.14402  If my HMIWI is not listed on the Federal plan inventory,
am I exempt from this subpart?

    Not necessarily. Sources subject to this subpart include, but are 
not limited to, the inventory of sources listed in Docket ID Number EPA-
HQ-OAR-2011-0405 for the federal plan. Review the applicability of Sec.  
62.14400 to determine if you are subject to this subpart.

[78 FR 28066, May 13, 2013]



Sec.  62.14403  What happens if I modify an existing HMIWI?

    (a) If you commenced modification (defined in 40 CFR 62.14490) of an 
existing HMIWI after April 6, 2010, you are subject to 40 CFR part 60, 
subpart Ec (40 CFR 60.50c through 60.58c), as amended, and you are not 
subject to this subpart, except as provided in paragraph (b) of this 
section.
    (b) If you made physical or operational changes to your existing 
HMIWI solely for the purpose of complying with this subpart, these 
changes are not considered a modification and you are not subject to 40 
CFR part 60, subpart Ec (40 CFR 60.50c through 60.58c), as amended. You 
remain subject to this subpart.

[78 FR 28067, May 13, 2013]

                             Emission Limits



Sec.  62.14410  Are there different emission limits for different locations
and sizes of HMIWI?

    Yes, there are different emission limits for small rural, small, 
medium, and large HMIWI. To determine the size category of your HMIWI, 
consult the definitions in 40 CFR 62.14490.

[[Page 485]]



Sec.  62.14411  What emission limits apply to my HMIWI?

    You must operate your HMIWI in compliance with the emission limit 
requirements for your HMIWI size category listed in table 1 of this 
subpart.



Sec.  62.14412  What stack opacity and visible emissions requirements
apply?

    (a) Your HMIWI (regardless of size category) must not discharge into 
the atmosphere from the stack any gases that exhibit greater than 6 
percent opacity (6-minute block average).
    (b) Your HMIWI as defined in Sec.  62.14400(a)(2)(ii) and utilizing 
a large HMIWI must not discharge into the atmosphere visible emissions 
of combustion ash from an ash conveying system (including conveyor 
transfer points) in excess of 5 percent of the observation period (i.e., 
9 minutes per 3-hour period), as determined by EPA Reference Method 22 
of 40 CFR part 60, appendix A-7, except as provided in paragraphs (b)(1) 
and (2) of this section.
    (1) The emissions limit specified in paragraph (b) of this section 
does not cover visible emissions discharged inside buildings or 
enclosures of ash conveying systems; however, the emissions limit does 
cover visible emissions discharged to the atmosphere from buildings or 
enclosures of ash conveying systems.
    (2) The provisions specified in paragraph (b) of this section do not 
apply during maintenance and repair of ash conveying systems. 
Maintenance and/or repair must not exceed 10 operating days per calendar 
quarter unless you obtain written approval from the state agency 
establishing a date when all necessary maintenance and repairs of ash 
conveying systems are to be completed.

[78 FR 28067, May 13, 2013]



Sec.  62.14413  When do the emissions limits and stack opacity and visible
emissions requirements apply?

    The emissions limits, stack opacity, and visible emissions 
requirements of this subpart apply at all times.

[78 FR 28067, May 13, 2013]

                   Operator Training and Qualification



Sec.  62.14420  Am I required to have a trained and qualified operator?

    You must have a fully trained and qualified HMIWI operator, either 
at your facility or able to be at your facility within 1 hour. The 
trained and qualified HMIWI operator may operate the HMIWI directly or 
be the direct supervisor of one or more HMIWI operators.



Sec.  62.14421  How does an operator become trained and qualified?

    (a) The HMIWI operator can obtain training and qualification through 
a State-approved program or as provided in paragraph (b) of this 
section.
    (b) If there are no State-approved training and qualification 
programs available or if your operator does not want to participate in a 
State-approved program, then your operator must complete a training 
course that includes the requirements in Sec.  62.14422 and satisfy the 
qualification requirements in Sec.  62.14423.



Sec.  62.14422  What are the requirements for a training course that is
not part of a State-approved program?

    A training course must include:
    (a) Twenty-four hours of training that includes all of the following 
subjects:
    (1) Environmental concerns, including pathogen destruction and types 
of emissions;
    (2) Basic combustion principles, including products of combustion;
    (3) Operation of the type of incinerator to be used by the operator, 
including proper startup, waste charging, and shutdown procedures;
    (4) Combustion controls and monitoring;
    (5) Operation of air pollution control equipment and factors 
affecting performance (if applicable);
    (6) Methods to monitor pollutants (continuous emission monitoring 
systems and monitoring of HMIWI and air pollution control device 
operating parameters) and equipment calibration procedures (where 
applicable);
    (7) Inspection and maintenance of the HMIWI, air pollution control 
devices,

[[Page 486]]

and continuous emission monitoring systems;
    (8) Actions to correct malfunctions and conditions that may lead to 
malfunction;
    (9) Bottom and fly ash characteristics and handling procedures;
    (10) Applicable Federal, State, and local regulations;
    (11) Work safety procedures;
    (12) Prestartup inspections; and
    (13) Recordkeeping requirements; and
    (14) Training in waste segregation according to Sec.  62.14430(c)
    (b) An examination designed and administered by the instructor; and
    (c) Reference material distributed to the attendees covering the 
course topics.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28067, May 13, 2013]



Sec.  62.14423  What are the qualification requirements for operators who
do not participate in a State-approved program?

    (a) Operators who do not participate in a State-approved program 
must satisfy paragraphs (a)(1) and (2) of this section:
    (1) The operator must complete a training course that satisfies the 
requirements in Sec.  62.14422; and
    (2) The operator must have either 6 months experience as an HMIWI 
operator, 6 months experience as a direct supervisor of an HMIWI 
operator, or completion of at least two burn cycles under the 
observation and supervision of two qualified HMIWI operators.
    (b) The operator's qualification is valid after paragraphs (a)(1) 
and (2) of this section are completed.
    (c) To remain qualified, the operator must complete and pass an 
annual review or refresher course of at least 4 hours covering, at a 
minimum, the following:
    (1) Update of regulations;
    (2) Incinerator operation, including startup and shutdown 
procedures;
    (3) Inspection and maintenance;
    (4) Responses to malfunctions or conditions that may lead to 
malfunction; and
    (5) Discussion of operating problems encountered by attendees.
    (d) If the operator's qualification lapses, he or she must renew it 
by one of the following methods:
    (1) For a lapse of less than 3 years, complete and pass a standard 
annual refresher course described in paragraph (c) of this section;
    (2) For a lapse of 3 years or more, complete and pass a training 
course with the minimum criteria described in Sec.  62.14422.



Sec.  62.14424  What documentation must I maintain onsite?

    (a) You must maintain the following at the facility:
    (1) Summary of the applicable standards under this subpart;
    (2) Description of basic combustion theory applicable to an HMIWI;
    (3) Procedures for receiving, handling, and charging waste;
    (4) Procedures for startup, shutdown, and malfunction;
    (5) Procedures for maintaining proper combustion air supply levels;
    (6) Procedures for operating the HMIWI and associated air pollution 
control systems within the standards established under this subpart;
    (7) Procedures for responding to malfunction or conditions that may 
lead to malfunction;
    (8) Procedures for monitoring HMIWI emissions;
    (9) Reporting and recordkeeping procedures; and
    (10) Procedures for handling ash.
    (b) You must keep the information listed in paragraph (a) of this 
section in a readily accessible location for all HMIWI operators. This 
information, along with records of training, must be available for 
inspection by the EPA or its delegated enforcement agent upon request.



Sec.  62.14425  When must I review the documentation?

    (a) You must establish a program for reviewing the information 
listed in Sec.  62.14424 annually with each HMIWI operator (defined in 
Sec.  62.14490).
    (b) You must conduct your initial review of the information listed 
in Sec.  62.14424 by [date 6 months after publication of final rule], or 
prior to assumption of responsibilities affecting HMIWI operation, 
whichever is later.

[[Page 487]]

    (c) You must conduct subsequent reviews of the information listed in 
Sec.  62.14424 annually.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28067, May 13, 2013]

                          Waste Management Plan



Sec.  62.14430  Must I prepare a waste management plan?

    Yes. All HMIWI owners or operators must have a waste management 
plan.



Sec.  62.14431  What must my waste management plan include?

    (a) Your waste management plan must identify both the feasibility 
of, and the approach for, separating certain components of solid waste 
from the health care waste stream in order to reduce the amount of toxic 
emissions from incinerated waste. The waste management plan you develop 
may address, but is not limited to, elements such as segregation and 
recycling of paper, cardboard, plastics, glass, batteries, food waste 
and metals (e.g., aluminum cans, metals-containing devices); segregation 
of non-recyclable wastes (e.g., polychlorinated biphenyl-containing 
waste, pharmaceutical waste, and mercury-containing waste such as dental 
waste); and purchasing recycled or recyclable products. Your waste 
management plan may include different goals or approaches for different 
areas or departments of the facility and need not include new waste 
management goals for every waste stream. When you develop your waste 
management plan, it should identify, where possible, reasonably 
available additional waste management measures, taking into account the 
effectiveness of waste management measures already in place, the costs 
of additional measures, the emissions reductions expected to be 
achieved, and any other potential environmental or energy impacts they 
might have. In developing your waste management plan, you must consider 
the American Hospital Association (AHA) publication titled ``Ounce of 
Prevention: Waste Reduction Strategies for Health Care Facilities.'' 
This publication (AHA Catalog Number 057007) is available for purchase 
from AHA Services, Inc., Post Office Box 933283, Atlanta, Georgia 31193-
3283.
    (b) If you own or operate commercial HMIWI, you must conduct 
training and education programs in waste segregation for each of your 
waste generator clients and ensure that each client prepares its own 
waste management plan that includes, but is not limited to, the 
provisions listed in this section.
    (c) If you own or operate commercial HMIWI, you must conduct 
training and education programs in waste segregation for your HMIWI 
operators.

[78 FR 28067, May 13, 2013]



Sec.  62.14432  When must my waste management plan be completed?

    As specified in Sec. Sec.  62.14463 and 62.14464, you must submit 
your waste management plan with your initial report, which is due 60 
days after you demonstrate initial compliance with the amended emissions 
limits, by conducting an initial performance test or submitting the 
results of previous emissions tests, provided the conditions in Sec.  
62.14451(e) are met.

[78 FR 28067, May 13, 2013]

                         Inspection Requirements



Sec.  62.14440  Which HMIWI are subject to inspection requirements?

    (a) All HMIWI, including small rural HMIWI (defined in Sec.  
62.14490) and each HMIWI (subject to emissions limits and visible 
emissions requirements in Sec. Sec.  62.14411 and 62.14412) are subject 
to the HMIWI equipment inspection requirements.
    (b) All HMIWI equipped with one or more air pollution control 
devices are subject to the air pollution control device inspection 
requirements.

[78 FR 28067, May 13, 2013]



Sec.  62.14441  When must I inspect my HMIWI equipment and air pollution
control devices?

    (a) You must inspect your large, medium, small or small rural HMIWI 
equipment by May 13, 2014.
    (b) You must conduct inspections of your large, medium, small or 
small rural HMIWI equipment as outlined in Sec.  62.14442(a) annually 
(no more than 12 months following the initial inspection

[[Page 488]]

or previous annual HMIWI equipment inspection).
    (c) You must inspect the air pollution control devices on your 
large, medium, small or small rural HMIWI by May 13, 2014.
    (d) You must conduct the air pollution control device inspections on 
your large, medium, small or small rural HMIWI as outlined in Sec.  
62.14442(b) annually (no more than 12 months following the initial 
inspection or previous annual air pollution control device inspection).

[78 FR 28067, May 13, 2013]



Sec.  62.14442  What must my inspection include?

    (a) At a minimum, you must do the following during your HMIWI 
equipment inspection:
    (1) Inspect all burners, pilot assemblies, and pilot sensing devices 
for proper operation, and clean pilot flame sensor as necessary;
    (2) Check for proper adjustment of primary and secondary chamber 
combustion air, and adjust as necessary;
    (3) Inspect hinges and door latches, and lubricate as necessary;
    (4) Inspect dampers, fans, and blowers for proper operation;
    (5) Inspect HMIWI door and door gaskets for proper sealing;
    (6) Inspect motors for proper operation;
    (7) Inspect primary chamber refractory lining, and clean and repair/
replace lining as necessary;
    (8) Inspect incinerator shell for corrosion and/or hot spots;
    (9) Inspect secondary/tertiary chamber and stack, and clean as 
necessary;
    (10) Inspect mechanical loader, including limit switches, for proper 
operation, if applicable;
    (11) Visually inspect waste bed (grates), and repair/ seal, as 
necessary;
    (12) For the burn cycle that follows the inspection, document that 
the incinerator is operating properly and make any necessary 
adjustments;
    (13) Inspect air pollution control device(s) for proper operation, 
if applicable;
    (14) Inspect waste heat boiler systems to ensure proper operation, 
if applicable;
    (15) Inspect bypass stack components;
    (16) Ensure proper calibration of thermocouples, sorbent feed 
systems and any other monitoring equipment; and
    (17) Include inspection elements according to manufacturer's 
recommendations; and
    (18) Generally observe that the equipment is maintained in good 
operating condition.
    (b) At a minimum, you must do the following during your air 
pollution control device inspection:
    (1) Inspect air pollution control device(s) for proper operation, if 
applicable;
    (2) Ensure proper calibration of thermocouples, sorbent feed systems 
and any other monitoring equipment; and
    (3) Include inspection elements according to manufacturer's 
recommendations; and
    (4) Generally observe that the equipment is maintained in good 
operating condition.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28068, May 13, 2013]



Sec.  62.14443  When must I do repairs?

    (a) You must complete any necessary repairs to the HMIWI equipment 
within 10 operating days of the HMIWI equipment inspection unless you 
obtain written approval from the EPA Administrator (or delegated 
enforcement authority) establishing a different date when all necessary 
repairs of your HMIWI equipment must be completed.
    (b) You must complete any necessary repairs to the air pollution 
control device within 10 operating days of the air pollution control 
device inspection unless you obtain written approval from the EPA 
Administrator (or delegated enforcement authority) establishing a 
different date when all necessary repairs of your air pollution control 
device must be completed. During the time that you conduct repairs to 
your air pollution control device, all emissions standards remain in 
effect according to Sec.  62.14413.

[78 FR 28068, May 13, 2013]

[[Page 489]]

             Performance Testing and Monitoring Requirements



Sec.  62.14450  [Reserved]



Sec.  62.14451  What are the testing requirements for HMIWI that are not
small rural?

    (a) Except as specified in paragraph (e) of this section, you must 
conduct an initial performance test for PM, opacity, CO, dioxin/furan, 
HCl, Pb, Cd, Hg, SO2, NOX and fugitive ash 
emissions using the test methods and procedures outlined in Sec.  
62.14452.
    (b) After the initial performance test is completed or is required 
to be completed under Sec.  62.14470, whichever date comes first, you 
must:
    (1) Determine compliance with the opacity limit by conducting an 
annual performance test (no more than 12 months following the previous 
performance test) using the applicable procedures and test methods 
listed in Sec.  62.14452.
    (2) Determine compliance with the PM, CO, and HCl emission limits by 
conducting an annual performance test (no more than 12 months following 
the previous performance test) using the applicable procedures and test 
methods listed in Sec.  62.14452. If all three performance tests over a 
3-year period indicate compliance with the emission limit for a 
pollutant (PM, CO, or HCl), you may forego a performance test for that 
pollutant for the next 2 years. At a minimum, you must conduct a 
performance test for PM, CO, and HCl every third year (no more than 36 
months following the previous performance test). If a performance test 
conducted every third year indicates compliance with the emission limit 
for a pollutant (PM, CO, or HCl), you may forego a performance test for 
that pollutant for an additional 2 years. If any performance test 
indicates noncompliance with the respective emission limit, you must 
conduct a performance test for that pollutant annually until all annual 
performance tests over a 3-year period indicate compliance with the 
emission limit.
    (3) If you use a large HMIWI that commenced construction or 
modification according to Sec.  62.14400(a)(2)(ii), determine compliance 
with the visible emissions limits for fugitive emissions from flyash/
bottom ash storage and handling by conducting a performance test using 
EPA Reference Method 22 of 40 CFR part 60, appendix A-7 on an annual 
basis (no more than 12 months following the previous performance test).
    (c) The 2,000 lb/wk limitation for small rural HMIWI does not apply 
during performance tests.
    (d) The EPA Administrator may request a repeat performance test at 
any time.
    (e) You may use the results of previous emissions tests to 
demonstrate compliance with the emissions limits, provided that the 
conditions in paragraphs (e)(1) through (3) of this section are met:
    (1) Your previous emissions tests must have been conducted using the 
applicable procedures and test methods listed in Sec.  62.14452. 
Previous emissions test results obtained using the EPA-accepted 
voluntary consensus standards are also acceptable.
    (2) The HMIWI at your facility must currently be operated in a 
manner (e.g., with charge rate, secondary chamber temperature, etc.) 
that would be expected to result in the same or lower emissions than 
observed during the previous emissions test(s), and the HMIWI may not 
have been modified such that emissions would be expected to exceed the 
results from previous emissions test(s).
    (3) The previous emissions test(s) must have been conducted in 1996 
or later.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28068, May 13, 2013]



Sec.  62.14452  What test methods and procedures must I use?

    You must use the following test methods and procedures to conduct 
performance tests to determine compliance with the emission limits:
    (a) All performance tests must consist of a minimum of three test 
runs conducted under representative operating conditions;
    (b) The minimum sample time must be 1 hour per test run unless 
otherwise indicated in this section;
    (c) You must use EPA Reference Method 1 of 40 CFR part 60, appendix 
A-1 to select the sampling location and number of traverse points;

[[Page 490]]

    (d) You must use EPA Reference Method 3, 3A or 3B of 40 CFR part 60, 
appendix A-2 for gas composition analysis, including measurement of 
oxygen concentration. You must use EPA Reference Method 3, 3A or 3B of 
40 CFR part 60, appendix A-2 simultaneously with each reference method. 
You may use ASME PTC-19-10-1981-Part 10 (incorporated by reference in 40 
CFR 60.17) as an alternative to EPA Reference Method 3B;
    (e) You must adjust pollutant concentrations to 7 percent oxygen 
using the following equation:
[GRAPHIC] [TIFF OMITTED] TR15AU00.000

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;
Cmeas = pollutant concentration measured on a dry basis at 
          standard conditions
(20.9-7) = 20.9 percent oxygen--7 percent oxygen (defined oxygen 
          correction basis);
20.9 = oxygen concentration in air, percent; and
%O2 = oxygen concentration measured on a dry basis at 
          standard conditions, percent.

    (f) You must use EPA Reference Method 5 of 40 CFR part 60, appendix 
A-3 or Method 26A or Method 29 of 40 CFR part 60, appendix A-8 to 
measure particulate matter (PM) emissions. You may use bag leak 
detection systems, as specified in Sec.  62.14454(e), or PM continuous 
emissions monitoring systems (CEMS), as specified in paragraph (o) of 
this section, as an alternative to demonstrate compliance with the PM 
emissions limit;
    (g) You must use EPA Reference Method 6 or 6C of 40 CFR part 60, 
appendix A-4 to measure SO2 emissions;
    (h) You must use EPA Reference Method 7 or 7E of 40 CFR part 60, 
appendix A-4 to measure NOX emissions;
    (i) You must use EPA Reference Method 9 of 40 CFR part 60, appendix 
A-4 to measure stack opacity. You may use bag leak detection systems, as 
specified in Sec.  62.14454(e), or PM CEMS, as specified in paragraph 
(o) of this section, as an alternative to demonstrate compliance with 
the opacity requirements;
    (j) You must use EPA Reference Method 10 or 10B of 40 CFR part 60, 
appendix A-4 to measure the CO emissions. You may use CO CEMS, as 
specified in paragraph (o) of this section, as an alternative to 
demonstrate compliance with the CO emissions limit;
    (k) You must use EPA Reference Method 23 of 40 CFR part 60, appendix 
A-7 to measure total dioxin/furan emissions. The minimum sample time 
must be 4 hours per test run. You may elect to sample dioxins/furans by 
installing, calibrating, maintaining and operating a continuous 
automated sampling system, as specified in paragraph (p) of this 
section, as an alternative to demonstrate compliance with the dioxin/
furan emissions limit. If you have selected the toxic equivalency (TEQ) 
standards for dioxin/furans under Sec.  62.14411, you must use the 
following procedures to determine compliance:
    (1) Measure the concentration of each dioxin/furan tetra-through 
octa-congener emitted using EPA Reference Method 23 of 40 CFR part 60, 
appendix A-7;
    (2) For each dioxin/furan congener measured in accordance with 
paragraph (k)(1) of this section, multiply the congener concentration by 
its corresponding TEQ factor specified in Table 2 of this subpart;
    (3) Sum the products calculated in accordance with paragraph (k)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of TEQ.
    (l) You must use EPA Reference Method 26 or 26A of 40 CFR part 60, 
appendix A-8 to measure HCl emissions. You may use HCl CEMS as an 
alternative to demonstrate compliance with the HCl emissions limit;
    (m) You must use EPA Reference Method 29 of 40 CFR part 60, appendix 
A-8 to measure Pb, Cd and Hg emissions. You may use ASTM D6784-02 
(incorporated by reference in 40 CFR 60.17) as an alternative to EPA 
Reference Method 29 for measuring Hg emissions.

[[Page 491]]

You may also use Hg CEMS, as specified in paragraph (o) of this section, 
or a continuous automated sampling system for monitoring Hg emissions, 
as specified in paragraph (q) of this section, as an alternative to 
demonstrate compliance with the Hg emissions limit. You may use multi-
metals CEMS, as specified in paragraph (o) of this section, as an 
alternative to EPA Reference Method 29 to demonstrate compliance with 
the Pb, Cd or Hg emissions limits;
    (n) You must use EPA Reference Method 22 of 40 CFR part 60, appendix 
A-7 to measure fugitive ash emissions and determine compliance with the 
fugitive ash emissions limit, as applicable, under Sec.  60.52c(c). The 
minimum observation time must be a series of three 1-hour observations.
    (o) If you are using a CEMS to demonstrate compliance with any of 
the emissions limits under Sec. Sec.  62.14411 or 62.14412, you:
    (1) Must determine compliance with the appropriate emissions 
limit(s) using a 12-hour rolling average, calculated as specified in 
section 12.4.1 of EPA Reference Method 19 of 40 CFR part 60, appendix A-
7. Performance tests using EPA Reference Methods are not required for 
pollutants monitored with CEMS.
    (2) Must operate a CEMS to measure oxygen concentration, adjusting 
pollutant concentrations to 7 percent oxygen as specified in paragraph 
(e) of this section.
    (3) Must operate all CEMS in accordance with the applicable 
procedures under appendices B and F of 40 CFR part 60. For those CEMS 
for which performance specifications have not yet been promulgated (HCl, 
multi-metals), this option takes effect on the date a final performance 
specification is published in the Federal Register or the date of 
approval of a site-specific monitoring plan.
    (4) May substitute use of a CO CEMS for the CO annual performance 
test and minimum secondary chamber temperature to demonstrate compliance 
with the CO emissions limit.
    (5) May substitute use of an HCl CEMS for the HCl annual performance 
test, minimum HCl sorbent flow rate and minimum scrubber liquor pH to 
demonstrate compliance with the HCl emissions limit.
    (6) May substitute use of a PM CEMS for the PM annual performance 
test and minimum pressure drop across the wet scrubber, if applicable, 
to demonstrate compliance with the PM emissions limit.
    (p) If you are using a continuous automated sampling system to 
demonstrate compliance with the dioxin/furan emissions limits, you must 
record the output of the system and analyze the sample according to EPA 
Reference Method 23 of 40 CFR part 60, appendix A-7. This option to use 
a continuous automated sampling system takes effect on the date a final 
performance specification applicable to dioxin/furan from monitors is 
published in the Federal Register or the date of approval of a site-
specific monitoring plan. If you elect to continuously sample dioxin/
furan emissions instead of sampling and testing using EPA Reference 
Method 23 of 40 CFR part 60, appendix A-7, you must install, calibrate, 
maintain and operate a continuous automated sampling system and comply 
with the requirements specified in 40 CFR 60.58b(p) and (q) of subpart 
Eb.
    (q) If you are using a continuous automated sampling system to 
demonstrate compliance with the Hg emissions limits, you must record the 
output of the system and analyze the sample at set intervals using any 
suitable determinative technique that can meet appropriate performance 
criteria. This option to use a continuous automated sampling system 
takes effect on the date a final performance specification applicable to 
Hg from monitors is published in the Federal Register or the date of 
approval of a site-specific monitoring plan. If you elect to 
continuously sample Hg emissions instead of sampling and testing using 
EPA Reference Method 29 of 40 CFR part 60, appendix A-8, or an approved 
alternative method for measuring Hg emissions, you must install, 
calibrate, maintain and operate a continuous automated sampling system 
and comply with the requirements specified in 40 CFR 60.58b(p) and (q) 
of subpart Eb.

[[Page 492]]

    (r) Use of the bypass stack during a performance test will 
invalidate the performance test.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28068, May 13, 2013]



Sec.  62.14453  What must I monitor?

    (a) If your HMIWI uses combustion control only, or your HMIWI is 
equipped with a dry scrubber followed by a fabric filter (FF), a wet 
scrubber, a dry scrubber followed by a FF and wet scrubber, or a 
selective noncatalytic reduction (SNCR) system:
    (1) You must establish the appropriate maximum and minimum operating 
parameters, indicated in Table 3, as site-specific operating parameters 
during the initial performance test to determine compliance with the 
emission limits; and
    (2) After the date on which the initial performance test is 
completed or is required to be completed under Sec.  62.14470, whichever 
comes first, your HMIWI must not operate above any of the applicable 
maximum operating parameters or below any of the applicable minimum 
operating parameters listed in Table 3 and measured as 3-hour rolling 
averages (calculated each hour as the average of the previous 3 
operating hours), at all times except during performance tests.
    (b) If you are using an air pollution control device other than a 
dry scrubber followed by a FF, a wet scrubber, a dry scrubber followed 
by a FF and a wet scrubber, or a SNCR system to comply with the 
emissions limits under Sec.  62.14411, you must petition the EPA 
Administrator for site-specific operating parameters to be established 
during the initial performance test and you must continuously monitor 
those parameters thereafter. You may not conduct the initial performance 
test until the EPA Administrator has approved the petition.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28069, May 13, 2013]



Sec.  62.14454  How must I monitor the required parameters?

    (a) Except as provided in Sec. Sec.  62.14452(o) through (q), you 
must install, calibrate (to manufacturers' specifications), maintain and 
operate devices (or establish methods) for monitoring the applicable 
maximum and minimum operating parameters listed in Table 3 of this 
subpart (unless CEMS are used as a substitute for certain parameters as 
specified) such that these devices (or methods) measure and record 
values for the operating parameters at the frequencies indicated in 
Table 3 of this subpart at all times. For charge rate, the device must 
measure and record the date, time and weight of each charge fed to the 
HMIWI. This must be done automatically, meaning that the only 
intervention from an operator during the process would be to load the 
charge onto the weighing device. For batch HMIWI, the maximum charge 
rate is measured on a daily basis (the amount of waste charged to the 
unit each day).
    (b) For all HMIWI, you must install, calibrate (to manufacturers' 
specifications), maintain and operate a device or method for measuring 
the use of the bypass stack, including the date, time and duration of 
such use.
    (c) For all HMIWI, if you are using controls other than a dry 
scrubber followed by a FF, a wet scrubber, a dry scrubber followed by a 
FF and a wet scrubber, or a SNCR system to comply with the emissions 
limits under Sec.  62.14411, you must install, calibrate (to 
manufacturers' specifications), maintain and operate the equipment 
necessary to monitor the site-specific operating parameters developed 
pursuant to Sec.  62.14453(b).
    (d) You must obtain monitoring data at all times during HMIWI 
operation except during periods of monitoring equipment malfunction, 
calibration, or repair. At a minimum, valid monitoring data must be 
obtained for 75 percent of the operating hours per day for 90 percent of 
the operating days per calendar quarter that your HMIWI is combusting 
hospital waste and/or medical/infectious waste.
    (e) If you use an air pollution control device that includes a FF 
and are not demonstrating compliance using PM CEMS, you must determine 
compliance with the PM emissions limit using a bag leak detection system 
and meet the requirements in paragraphs (e)(1) through (12) of this 
section for each bag leak detection system.

[[Page 493]]

    (1) Each triboelectric bag leak detection system must be installed, 
calibrated, operated and maintained according to the ``Fabric Filter Bag 
Leak Detection Guidance,'' (EPA-454/R-98-015, September 1997). This 
document is available from the U.S. Environmental Protection Agency 
(U.S. EPA); Office of Air Quality Planning and Standards; Sector 
Policies and Programs Division; Measurement Policy Group (D-243-02), 
Research Triangle Park, NC 27711. This document is also available on the 
Technology Transfer Network (TTN) under Emissions Measurement Center 
Continuous Emissions Monitoring. Other types of bag leak detection 
systems must be installed, operated, calibrated and maintained in a 
manner consistent with the manufacturer's written specifications and 
recommendations.
    (2) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting PM emissions at concentrations 
of 10 milligrams per actual cubic meter (0.0044 grains per actual cubic 
foot) or less.
    (3) The bag leak detection system sensor must provide an output of 
relative PM loadings.
    (4) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (5) The bag leak detection system must be equipped with an audible 
alarm system that will sound automatically when an increase in relative 
PM emissions over a preset level is detected. The alarm must be located 
where it is easily heard by plant operating personnel.
    (6) For positive pressure FF systems, a bag leak detector must be 
installed in each baghouse compartment or cell.
    (7) For negative pressure or induced air FF, the bag leak detector 
must be installed downstream of the FF.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (9) The baseline output must be established by adjusting the range 
and the averaging period of the device and establishing the alarm set 
points and the alarm delay time according to section 5.0 of the ``Fabric 
Filter Bag Leak Detection Guidance.''
    (10) Following initial adjustment of the system, the sensitivity or 
range, averaging period, alarm set points or alarm delay time may not be 
adjusted. In no case may the sensitivity be increased by more than 100 
percent or decreased more than 50 percent over a 365-day period unless 
such adjustment follows a complete FF inspection that demonstrates that 
the FF is in good operating condition. Each adjustment must be recorded.
    (11) Record the results of each inspection, calibration and 
validation check.
    (12) Initiate corrective action within 1 hour of a bag leak 
detection system alarm; operate and maintain the FF such that the alarm 
is not engaged for more than 5 percent of the total operating time in a 
6-month block reporting period. If inspection of the FF demonstrates 
that no corrective action is required, no alarm time is counted. If 
corrective action is required, each alarm is counted as a minimum of 1 
hour. If it takes longer than 1 hour to initiate corrective action, the 
alarm time is counted as the actual amount of time taken to initiate 
corrective action.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28070, May 13, 2013]



Sec.  62.14455  What if my HMIWI goes outside of a parameter limit?

    (a) Operation above the established maximum or below the established 
minimum operating parameter(s) constitutes a violation of established 
operating parameter(s). Operating parameter limits do not apply during 
performance tests.
    (b) Except as provided in paragraph (g) or (h) of this section, if 
your HMIWI uses combustion control only:

------------------------------------------------------------------------
                                              Then you are in violation
            And your HMIWI . . .                       of . . .
------------------------------------------------------------------------
Operates above the maximum charge rate (3-   The PM, CO and dioxin/furan
 hour rolling average for continuous and      emissions limits.
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum
 secondary chamber temperature (3-hour
 rolling average) simultaneously.
------------------------------------------------------------------------


[[Page 494]]

    (c) Except as provided in paragraph (f) or (g) of this section, if 
your HMIWI is equipped with a dry scrubber followed by a FF:

------------------------------------------------------------------------
                                              Then you are in violation
            And your HMIWI . . .                       of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate   The CO emissions limit.
 (3-hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum
 secondary chamber temperature (3-hour
 rolling average) simultaneously.
(2) Operates above the maximum FF inlet      The dioxin/furan emissions
 temperature (3-hour rolling average),        limit.
 above the maximum charge rate (3-hour
 rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI), and below the minimum dioxin/
 furan sorbent flow rate (3-hour rolling
 average) simultaneously.
(3) Operates above the maximum charge rate   The HCl emissions limit.
 (3-hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum HCl
 sorbent flow rate (3-hour rolling average)
 simultaneously.
(4) Operates above the maximum charge rate   The Hg emissions limit.
 (3-hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum Hg
 sorbent flow rate (3-hour rolling average)
 simultaneously.
(5) Uses the bypass stack..................  The PM, dioxin/furan, HCl,
                                              Pb, Cd and Hg emissions
                                              limits.
(6) Operates above the CO emissions limit    The CO emissions limit.
 as measured by a CO CEMS, as specified in
 Sec.   62.14452(o).
(7) Uses a bag leak detection system, as     The PM emissions limit.\a\
 specified in Sec.   62.14454(e), to
 demonstrate compliance with the PM
 emissions limit and either fails to
 initiate corrective action within 1 hour
 of a bag leak detection system alarm or
 fails to operate and maintain the FF such
 that the alarm is not engaged for more
 than 5 percent of the total operating time
 in a 6-month block reporting period.
(8) Uses a bag leak detection system, as     The opacity limit.\a\
 specified in Sec.   62.14454(e), to
 demonstrate compliance with the opacity
 limit and either fails to initiate
 corrective action within 1 hour of a bag
 leak detection system alarm or fails to
 operate and maintain the FF such that the
 alarm is not engaged for more than 5
 percent of the total operating time in a 6-
 month block reporting period.
(9) Operates above the PM emissions limit    The PM emissions limit.
 as measured by a PM CEMS, as specified in
 Sec.   62.14452(o).
(10) Operates above the HCl emissions limit  The HCl emissions limit.
 as measured by an HCl CEMS, as specified
 in Sec.   62.14452(o).
(11) Operates above the Pb emissions limit   The Pb emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(12) Operates above the Cd emissions limit   The Cd emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(13) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(14) Operates above the dioxin/furan         The dioxin/furan emissions
 emissions limit as measured by a             limit.
 continuous automated sampling system, as
 specified in Sec.   62.14452(p).
(15) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a continuous automated
 sampling system, as specified in Sec.
 62.14452(q).
------------------------------------------------------------------------
\a\ If inspection of the FF demonstrates that no corrective action is
  required, no alarm time is counted. If corrective action is required,
  each alarm is counted as a minimum of 1 hour. If it takes longer than
  1 hour to initiate corrective action, the alarm time is counted as the
  actual amount of time taken to initiate corrective action.

    (d) Except as provided in paragraph (g) or (h) of this section, if 
your HMIWI is equipped with a wet scrubber:

------------------------------------------------------------------------
                                              Then you are in violation
            And your HMIWI . . .                       of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate   The CO emissions limit.
 (3-hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum
 secondary chamber temperature (3-hour
 rolling average) simultaneously.
(2) Operates above the maximum charge rate   The PM emissions limit.
 (3-hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum
 pressure drop across the wet scrubber (3-
 hour rolling average) or below the minimum
 horsepower or amperage to the system (3-
 hour rolling average) simultaneously.
(3) Operates above the maximum charge rate   The dioxin/furan emissions
 (3-hour rolling average for continuous and   limit.
 intermittent HMIWI, daily average for
 batch HMIWI), below the minimum secondary
 chamber temperature (3-hour rolling
 average), and below the minimum scrubber
 liquor flow rate (3-hour rolling average)
 simultaneously.
(4) Operates above the maximum charge rate   The HCl emissions limit.
 (3-hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum
 scrubber liquor pH (3-hour rolling
 average) simultaneously.

[[Page 495]]

 
(5) Operates above the maximum flue gas      The Hg emissions limit.
 temperature (3-hour rolling average) and
 above the maximum charge rate (3-hour
 rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) simultaneously.
(6) Uses the bypass stack..................  The PM, dioxin/furan, HCl,
                                              Pb, Cd and Hg emissions
                                              limits.
(7) Operates above the CO emissions limit    The CO emissions limit.
 as measured by a CO CEMS, as specified in
 Sec.   62.14452(o).
(8) Operates above the PM emissions limit    The PM emissions limit.
 as measured by a PM CEMS, as specified in
 Sec.   62.14452(o).
(9) Operates above the HCl emissions limit   The HCl emissions limit.
 as measured by an HCl CEMS, as specified
 in Sec.   62.14452(o).
(10) Operates above the Pb emissions limit   The Pb emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(11) Operates above the Cd emissions limit   The Cd emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(12) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(13) Operates above the dioxin/furan         The dioxin/furan emissions
 emissions limit as measured by a             limit.
 continuous automated sampling system, as
 specified in Sec.   62.14452(p).
(14) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a continuous automated
 sampling system, as specified in Sec.
 62.14452(q).
------------------------------------------------------------------------

    (e) Except as provided in paragraph (g) or (h) of this section, if 
your HMIWI is equipped with a dry scrubber followed by a FF and a wet 
scrubber:

------------------------------------------------------------------------
                                              Then you are in violation
            And your HMIWI . . .                       of . . .
------------------------------------------------------------------------
(1) Operates above the maximum charge rate   The CO emissions limit.
 (3-hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum
 secondary chamber temperature (3-hour
 rolling average) simultaneously.
(2) Operates above the maximum fabric        The dioxin/furan emissions
 filter inlet temperature (3-hour rolling     limit.
 average), above the maximum charge rate (3-
 hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI), and below the minimum dioxin/
 furan sorbent flow rate (3-hour rolling
 average) simultaneously.
(3) Operates above the maximum charge rate   The HCl emissions limit.
 (3-hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum
 scrubber liquor pH (3-hour rolling
 average) simultaneously.
(4) Operates above the maximum charge rate   The Hg emissions limit.
 (3-hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI) and below the minimum Hg
 sorbent flow rate (3-hour rolling average)
 simultaneously.
(5) Uses the bypass stack..................  The PM, dioxin/furan, HCl,
                                              Pb, Cd and Hg emissions
                                              limits.
(6) Operates above the CO emissions limit    The CO emissions limit.
 as measured by a CO CEMS, as specified in
 Sec.   62.14452(o).
(7) Uses a bag leak detection system, as     The PM emissions limit.\a\
 specified in Sec.   62.14454(e), to
 demonstrate compliance with the PM
 emissions limit and either fails to
 initiate corrective action within 1 hour
 of a bag leak detection system alarm or
 fails to operate and maintain the FF such
 that the alarm is not engaged for more
 than 5 percent of the total operating time
 in a 6-month block reporting period.
(8) Uses a bag leak detection system, as     The opacity limit.\a\
 specified in Sec.   62.14454(e), to
 demonstrate compliance with the opacity
 limit and either fails to initiate
 corrective action within 1 hour of a bag
 leak detection system alarm or fails to
 operate and maintain the FF such that the
 alarm is not engaged for more than 5
 percent of the total operating time in a 6-
 month block reporting period.
(9) Operates above the PM emissions limit    The PM emissions limit.
 as measured by a PM CEMS, as specified in
 Sec.   62.14452(o).
(10) Operates above the HCl emissions limit  The HCl emissions limit.
 as measured by an HCl CEMS, as specified
 in Sec.   62.14452(o).
(11) Operates above the Pb emissions limit   The Pb emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(12) Operates above the Cd emissions limit   The Cd emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(13) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a multi-metals CEMS, as
 specified in Sec.   62.14452(o).
(14) Operates above the dioxin/furan         The dioxin/furan emissions
 emissions limit as measured by a             limit.
 continuous automated sampling system, as
 specified in Sec.   62.14452(p).
(15) Operates above the Hg emissions limit   The Hg emissions limit.
 as measured by a continuous automated
 sampling system, as specified in Sec.
 62.14452(q).
------------------------------------------------------------------------
\a\ If inspection of the FF demonstrates that no corrective action is
  required, no alarm time is counted. If corrective action is required,
  each alarm is counted as a minimum of 1 hour. If it takes longer than
  1 hour to initiate corrective action, the alarm time is counted as the
  actual amount of time taken to initiate corrective action.


[[Page 496]]

    (f) Except as provided in paragraph (g) or (h) of this section, if 
your HMIWI is equipped with a SNCR system:

------------------------------------------------------------------------
                                              Then you are in violation
            And your HMIWI . . .                       of . . .
------------------------------------------------------------------------
Operates above the maximum charge rate (3-   The NOX emissions limit.
 hour rolling average for continuous and
 intermittent HMIWI, daily average for
 batch HMIWI), below the minimum secondary
 chamber temperature (3-hour rolling
 average), and below the minimum reagent
 flow rate (3-hour rolling average)
 simultaneously.
------------------------------------------------------------------------

    (g) You may conduct a repeat performance test within 30 days of 
violation of applicable operating parameter(s) to demonstrate that your 
HMIWI is not in violation of the applicable emissions limit(s). You must 
conduct repeat performance tests pursuant to this paragraph using the 
identical operating parameters that indicated a violation under 
paragraph (b), (c), (d), (e), or (f) of this section.
    (h) If you are using a CEMS to demonstrate compliance with any of 
the emissions limits in table 1 of this subpart or Sec.  62.14412, and 
your CEMS indicates compliance with an emissions limit during periods 
when operating parameters indicate a violation of an emissions limit 
under paragraphs (b), (c), (d), (e) or (f) of this section, then you are 
considered to be in compliance with the emissions limit. You need not 
conduct a repeat performance test to demonstrate compliance.
    (i) You may conduct a repeat performance test in accordance with 
Sec.  62.14452 at any time to establish new values for the operating 
parameters.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28070, May 13, 2013]

                Reporting and Recordkeeping Requirements



Sec.  62.14460  What records must I maintain?

    You must maintain the following:
    (a) Calendar date of each record;
    (b) Records of the following data:
    (1) Concentrations of any pollutant listed in table 1, measurements 
of opacity and visible ash;
    (2) The HMIWI charge dates, times, and weights and hourly charge 
rates;
    (3) Fabric filter inlet temperatures during each minute of 
operation, as applicable;
    (4) Amount and type of dioxin/furan sorbent used during each hour of 
operation, as applicable;
    (5) Amount and type of Hg sorbent used during each hour of 
operation, as applicable;
    (6) Amount and type of HCl sorbent used during each hour of 
operation, as applicable;
    (7) Amount and type of NOX reagent used during each hour 
of operation, as applicable;
    (8) Secondary chamber temperatures recorded during each minute of 
operation;
    (9) Liquor flow rate to the wet scrubber inlet during each minute of 
operation, as applicable,
    (10) Horsepower or amperage to the wet scrubber during each minute 
of operation, as applicable;
    (11) Pressure drop across the wet scrubber system during each minute 
of operation, as applicable;
    (12) Temperature at the outlet from the wet scrubber during each 
minute of operation, as applicable;
    (13) The pH at the inlet to the wet scrubber during each minute of 
operation, as applicable;
    (14) Records of the annual equipment inspections, any required 
maintenance, and any repairs not completed within 10 operating days of 
an inspection or the time frame established by the EPA Administrator or 
delegated enforcement authority, as applicable;
    (15) Records indicating use of the bypass stack, including dates, 
times, and durations; and
    (16) All operating parameter data collected, if you are complying by 
monitoring site-specific operating parameters under Sec.  62.14453(b).

[[Page 497]]

    (17) Concentrations of CO, PM, HCl, Pb, Cd, Hg and dioxin/furan, as 
applicable, as determined by the CEMS or continuous automated sampling 
system, as applicable.
    (18) Records of the annual air pollution control device inspections, 
any required maintenance and any repairs not completed within 10 days of 
an inspection or the timeframe established by the Administrator.
    (19) Records of each bag leak detection system alarm, the time of 
the alarm, the time corrective action was initiated and completed and a 
brief description of the cause of the alarm and the corrective action 
taken, as applicable.
    (c) Identification of calendar days for which data on emissions 
rates or operating parameters specified under paragraph (b)(1) through 
(19) of this section were not obtained, with an identification of the 
emissions rates or operating parameters not measured, reasons for not 
obtaining the data, and a description of corrective actions taken;
    (d) Identification of calendar days, times and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar days for which data on emissions 
rates or operating parameters specified under paragraphs (b)(1) through 
(19) of this section exceeded the applicable limits, with a description 
of the exceedances, reasons for such exceedances and a description of 
corrective actions taken.
    (f) The results of the initial, annual and any subsequent 
performance tests conducted to determine compliance with the emissions 
limits and/or to establish or re-establish operating parameters, as 
applicable, including sample calculations, of how the operating 
parameters were established or re-established, if applicable.
    (g) Records showing the names of HMIWI operators who have completed 
review of the documentation in Sec.  62.14424 as required by Sec.  
62.14425, including the date of the initial review and all subsequent 
annual reviews;
    (h) Records showing the names of the HMIWI operators who have 
completed the operator training requirements, including documentation of 
training and the dates of the training;
    (i) Records showing the names of the HMIWI operators who have met 
the criteria for qualification under Sec.  62.14423 and the dates of 
their qualification; and
    (j) Records of calibration of any monitoring devices as required 
under Sec.  62.14454.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28073, May 13, 2013]



Sec.  62.14461  For how long must I maintain records?

    You must maintain the records specified under Sec.  62.14460 for a 
period of at least 5 years.



Sec.  62.14462  Where must I keep the records?

    You must maintain all records specified under Sec.  62.14460 onsite 
in either paper copy or computer-readable format, unless an alternative 
format is approved by the EPA Administrator.



Sec.  62.14463  What reporting requirements must I satisfy?

    (a) You must report the following to the EPA Administrator (or 
delegated enforcement authority):
    (1) The initial performance test data as recorded under Sec.  
62.14451(a);
    (2) The values for the site-specific operating parameters 
established pursuant to Sec.  62.14453, as applicable, and a 
description, including sample calculations, of how the operating 
parameters were established during the initial performance test;
    (3) The waste management plan as specified in Sec.  62.14431;
    (4) If you use a bag leak detection system, analysis and supporting 
documentation demonstrating conformance with the EPA guidance and 
specifications for bag leak detection systems in Sec.  62.14454(e);
    (5) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded for the calendar year being reported, pursuant to Sec.  
62.14453, as applicable;
    (6) The highest maximum operating parameter and the lowest minimum 
operating parameter, as applicable, for each operating parameter 
recorded pursuant to Sec.  62.14453 for the calendar year preceding the 
year being reported,

[[Page 498]]

in order to provide a summary of the performance of the HMIWI over a 2-
year period;
    (7) Any information recorded under Sec.  62.14460(c) through (e) for 
the calendar year being reported;
    (8) Any information recorded under Sec.  62.14460(c) through (e) for 
the calendar year preceding the year being reported, in order to provide 
a summary of the performance of the HMIWI over a 2-year period;
    (9) The results of any performance test conducted during the 
reporting period;
    (10) If no exceedances or malfunctions occurred during the calendar 
year being reported, a statement that no exceedances occurred during the 
reporting period;
    (11) Any use of the bypass stack, duration of such use, reason for 
malfunction and corrective action taken;
    (12) Records of the annual equipment inspections, any required 
maintenance and any repairs not completed within 10 days of an 
inspection or the time frame established by the EPA Administrator (or 
delegated enforcement authority);
    (13) Records of the annual air pollution control device inspections, 
any required maintenance and any repairs not completed within 10 days of 
an inspection or the time frame established by the EPA Administrator (or 
delegated enforcement authority);
    (14) Concentrations of CO, PM, HCl, Pb, Cd, Hg and dioxin/furan, as 
applicable, as determined by the CEMS or continuous automated sampling 
system, as applicable; and
    (15) Petition for site-specific operating parameters under Sec.  
62.14453(b).
    (b) If you choose to submit an electronic copy of stack test reports 
to the EPA's WebFIRE database, as of December 31, 2011, you must enter 
the test data into the EPA's database using the Electronic Reporting 
Tool (ERT) located at http://www.epa.gov/ttn/chief/ert/ert_tool.html.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28073, May 13, 2013]



Sec.  62.14464  When must I submit reports?

    (a) You must submit the information specified in Sec.  
62.14463(a)(1) through (4) no later than 60 days following the initial 
performance test.
    (b) You must submit an annual report to the EPA Administrator (or 
delegated enforcement authority) no more than 1 year following the 
submission of the information in paragraph (a) of this section, and you 
must submit subsequent reports no more than 1 year following the 
previous report (once the unit is subject to permitting requirements 
under Title V of the CAA, you must submit these reports semiannually). 
The annual report must include the information specified in Sec.  
62.14463(a)(5) through (14), as applicable.
    (c) You must submit semiannual reports containing any information 
recorded under Sec.  62.14460(c) through (e) no later than 60 days 
following the end of the semiannual reporting period. The first 
semiannual reporting period ends 6 months following the submission of 
information in paragraph (a) of this section. Subsequent reports must be 
submitted no later than 6 calendar months following the previous report.
    (d) You must submit your petition for site-specific operating 
parameters specified in Sec.  62.14463(a)(15) prior to your initial 
performance test. You may not conduct the initial performance test until 
the EPA Administrator has approved the petition.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28074, May 13, 2013]



Sec.  62.14465  Who must sign all submitted reports?

    All reports must be signed by the facilities manager (defined in 
Sec.  62.14490).

                           Compliance Schedule



Sec.  62.14470  When must I comply with this subpart if I plan to continue
operation of my HMIWI?

    If you plan to continue operation of your HMIWI, then you must 
follow the requirements in paragraph (a) or (b) of this section 
depending on when you plan to come into compliance with the requirements 
of this subpart.
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by May 13,

[[Page 499]]

2014, then you must complete the requirements of paragraphs (a)(1) 
through (a)(4) of this section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this subpart 
by May 13, 2014.
    (2) You must achieve final compliance by May 13, 2014. This includes 
incorporating all process changes and/or completing retrofit 
construction, connecting the air pollution control equipment or process 
changes such that the HMIWI is brought online, and ensuring that all 
necessary process changes and air pollution control equipment are 
operating properly.
    (3) You must conduct the initial performance test required by Sec.  
62.14451(a) within 180 days after the date when you are required to 
achieve final compliance under paragraph (a)(2) of this section.
    (4) You must submit an initial report including the results of the 
initial performance test and the waste management plan no later than 60 
days following the initial performance test (see Sec. Sec.  62.14463 and 
62.14464 for complete reporting and recordkeeping requirements).
    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart after May 13, 2014, but before October 
6, 2014, then you must complete the requirements of paragraphs (b)(1) 
through (4) of this section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this subpart 
by May 13, 2014.
    (2) You must demonstrate that you are taking steps towards 
compliance with the emission limits in the subpart by completing the 
increments of progress in paragraphs (b)(2)(i) through (b)(2)(v) of this 
section. You must submit notification to the EPA Administrator (or 
delegated enforcement authority) within 10 business days of completing 
(or failing to complete by the applicable date) each of the increments 
of progress listed in paragraphs (b)(2)(i) through (b)(2)(v) of this 
section. Your notification must be signed by your facilities manager 
(defined in Sec.  62.14490).
    (i) You must submit a final control plan by August 13, 2013. Your 
final control plan must, at a minimum, include a description of the air 
pollution control device(s) or process changes that will be employed for 
each unit to comply with the emissions limits and other requirements of 
this subpart.
    (ii) You must award contract(s) for on-site construction, on-site 
installation of emissions control equipment or incorporation of process 
changes by December 13, 2013. You must submit a signed copy of the 
contract(s) awarded.
    (iii) You must begin on-site construction, begin on-site 
installation of emissions control equipment or begin process changes 
needed to meet the emissions limits as outlined in the final control 
plan by January 6, 2014.
    (iv) You must complete on-site construction, installation of 
emissions control equipment or process changes by August 6, 2014.
    (v) You must achieve final compliance by October 6, 2014. This 
includes incorporating all process changes and/or completing retrofit 
construction as described in the final control plan, connecting the air 
pollution control equipment or process changes such that the HMIWI is 
brought online and ensuring that all necessary process changes and air 
pollution control equipment are operating properly.
    (3) You must conduct the initial performance test required by Sec.  
62.14451(a) within 180 days after the date when you are required to 
achieve final compliance under paragraph (b)(2)(v) of this section.
    (4) You must submit an initial report including the result of the 
initial performance test and the waste management plan no later than 60 
days following the initial performance test (see Sec. Sec.  62.14463 and 
62.14464 for complete reporting and recordkeeping requirements).

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28074, May 13, 2013; 78 
FR 54766, Sept. 6, 2013]



Sec.  62.14471  When must I comply with this subpart if I plan to shut
down?

    If you plan to shut down, then you must follow the requirements in 
either

[[Page 500]]

paragraph (a) or (b) of this section depending on when you plan to shut 
down.
    (a) If you plan to shutdown by May 13, 2014, rather than come into 
compliance with the requirements of this subpart, then you must shutdown 
by May 13, 2014, to avoid coverage under any of the requirements of this 
subpart.
    (b) If you plan to shutdown rather than come into compliance with 
the requirements of this subpart but are unable to shutdown by [May 13, 
2014, then you may petition the EPA for an extension by following the 
procedures outlined in paragraphs (b)(1) through (3) of this section.
    (1) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) by [date 90 days 
after publication of final rule]. Your request must include:
    (i) Documentation of the analyses undertaken to support your need 
for an extension, including an explanation of why your requested 
extension date is sufficient time for you to shutdown while May 13, 
2014, does not provide sufficient time for shutdown. Your documentation 
must include an evaluation of the option to transport your waste offsite 
to a commercial medical waste treatment and disposal facility on a 
temporary or permanent basis; and
    (ii) Documentation of incremental steps of progress, including dates 
for completing the increments of progress, that you will take towards 
shutting down. Some suggested incremental steps of progress towards shut 
down are provided as follows:

------------------------------------------------------------------------
                                               Then your increments of
               If you . . .                    progress could be . . .
------------------------------------------------------------------------
Need an extension so you can install an     Date when you will enter
 onsite alternative waste treatment          into a contract with an
 technology before you shut down your        alternative treatment
 HMIWI,.                                     technology vendor,
                                            Date for initiating onsite
                                             construction or
                                             installation of the
                                             alternative technology, and
                                            Date for completing onsite
                                             construction or
                                             installation of the
                                             alternative technology, and
                                            Date for shutting down the
                                             HMIWI.
Need an extension so you can acquire the
 services of a commercial medical/
 infectious waste disposal company before
 you shut down your HMIWI,.
                                            Date when price quotes will
                                             be obtained from commercial
                                             disposal companies,
                                            Date when you will enter
                                             into a contract with a
                                             commercial disposal
                                             company, and
                                            Date for shutting down the
                                             HMIWI.
------------------------------------------------------------------------

    (2) You must shutdown no later than October 6, 2014.
    (3) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this subpart 
by May 13, 2014.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28074, May 13, 2013]



Sec.  62.14472  When must I comply with this subpart if I plan to shut
down and later restart?

    If you wish to shut down and later restart, then you must follow the 
compliance times in paragraph (a), (b), or (c) of this section depending 
on when you shut down and restart.
    (a) If you plan to shutdown and restart prior to October 6, 2014, 
then you must:
    (1) Meet the compliance schedule outlined in Sec.  63.14470(a) if 
you restart prior to May 13, 2014; or
    (2) Meet the compliance schedule outlined in Sec.  62.14470(b) if 
you restart after May 13, 2014. Any missed increments of progress need 
to be completed prior to or upon the date of restart.
    (b) If you plan to shutdown by May 13, 2014, and restart after 
October 6, 2014, then you must complete the requirements of paragraphs 
(b)(1) through (b)(5) of this section.
    (1) You must shutdown by May 13, 2014.
    (2) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this subpart 
before restarting your HMIWI.
    (3) You must achieve final compliance upon restarting your HMIWI. 
This includes incorporating all process

[[Page 501]]

changes and/or completing retrofit construction, connecting the air 
pollution control equipment or process changes such that the HMIWI is 
brought on line, and ensuring that all necessary process changes and air 
pollution control equipment are operating properly.
    (4) You must conduct the initial performance test required by Sec.  
62.14451(a) within 180 days after the date when you restart.
    (5) You must submit an initial report including the results of the 
initial performance test and the waste management plan no later than 60 
days following the initial performance test (see Sec. Sec.  62.14463 and 
62.14464 for complete reporting and recordkeeping requirements).
    (c) If you plan to shutdown after May 13, 2014, and restart after 
October 6, 2014, then you must complete the requirements of paragraphs 
(c)(1) and (2) of this section.
    (1) You must petition the EPA for an extension by following the 
procedures outlined in Sec.  63.14471(b)(1) through (3).
    (2) You must comply with the requirements of paragraphs (b)(2) 
through (b)(5) of this section.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28075, May 13, 2013]

                          Permitting Obligation



Sec.  62.14480  Does this subpart require me to obtain an operating permit
under title V of the Clean Air Act and implementing regulations?

    This subpart requires you to obtain an operating permit under title 
V of the Clean Air Act and implementing regulations (``title V permit'') 
unless you are only subject to the recordkeeping and reporting 
requirements listed at Sec.  62.14400(b)(1) or (b)(2), and Sec.  
62.14400(c), of this subpart. Also, if you own or operate a unit 
described in Sec.  62.14400(b)(3), (b)(4), (b)(5) or (b)(6), you are not 
subject to any requirements of this subpart; therefore, this subpart 
does not require you to obtain a title V permit.



Sec.  62.14481  When must I submit a title V permit application for
my HMIWI?

    You must submit a title V permit application in time for it to be 
determined or deemed complete by no later than September 15, 2000 or by 
the effective date of a title V permits program in the jurisdiction in 
which the unit is located, whichever is later. (An earlier deadline may 
apply if your HMIWI is also subject to title V permitting requirements 
because of some other triggering requirement.) A ``complete'' title V 
permit application is one that has been approved by the appropriate 
permitting authority as complete under Section 503 of the Clean Air Act 
and 40 CFR parts 70 and 71. It is not enough to have submitted a title V 
permit application by September 15, 2000 because the application must be 
determined or deemed complete by the permitting authority by that date 
for your HMIWI to operate after that date in compliance with Federal 
law.

                               Definitions



Sec.  62.14490  Definitions.

    Bag leak detection system means an instrument that is capable of 
monitoring PM loadings in the exhaust of a FF in order to detect bag 
failures. A bag leak detection system includes, but is not limited to, 
an instrument that operates on triboelectric, light-scattering, light-
transmittance or other effects to monitor relative PM loadings.
    Batch HMIWI means an HMIWI that is designed such that neither waste 
charging nor ash removal can occur during combustion.
    Biologicals means preparations made from living organisms and their 
products, including vaccines, cultures, etc., intended for use in 
diagnosing, immunizing, or treating humans or animals or in research 
pertaining thereto.
    Blood products means any product derived from human blood, including 
but not limited to blood plasma, platelets, red or white blood 
corpuscles, and other derived licensed products, such as interferon, 
etc.
    Body fluids means liquid emanating or derived from humans and 
limited to blood; dialysate; amniotic, cerebrospinal, synovial, pleural, 
peritoneal and pericardial fluids; and semen and vaginal secretions.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.

[[Page 502]]

    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Co-fired combustor means a unit combusting hospital waste and/or 
medical/infectious waste with other fuels or wastes (e.g., coal, 
municipal solid waste) and subject to an enforceable requirement 
limiting the unit to combusting a fuel feed stream, 10 percent or less 
of the weight of which is comprised, in aggregate, of hospital waste and 
medical/infectious waste as measured on a calendar quarter basis. For 
purposes of this definition, pathological waste, chemotherapeutic waste, 
and low-level radioactive waste are considered ``other'' wastes when 
calculating the percentage of hospital waste and medical/infectious 
waste combusted.
    Commercial HMIWI means a HMIWI which offers incineration services 
for hospital/medical/infectious waste generated offsite by firms 
unrelated to the firm that owns the HMIWI.
    Continuous emission monitoring system or CEMS means a monitoring 
system for continuously measuring and recording the emissions of a 
pollutant.
    Continuous HMIWI means an HMIWI that is designed to allow waste 
charging and ash removal during combustion.
    Dioxins/furans means the combined emissions of tetra-through octa-
chlorinated dibenzo-para-dioxins and dibenzofurans, as measured by EPA 
Reference Method 23.
    Dry scrubber means an add-on air pollution control system that 
injects dry alkaline sorbent (dry injection) or sprays an alkaline 
sorbent (spray dryer) to react with and neutralize acid gases in the 
HMIWI exhaust stream forming a dry powder material.
    Fabric filter or baghouse means an add-on air pollution control 
system that removes particulate matter (PM) and nonvaporous metals 
emissions by passing flue gas through filter bags.
    Facilities manager means the individual in charge of purchasing, 
maintaining, and operating the HMIWI or the owner's or operator's 
representative responsible for the management of the HMIWI. Alternative 
titles may include director of facilities or vice president of support 
services.
    High-air phase means the stage of the batch operating cycle when the 
primary chamber reaches and maintains maximum operating temperatures.
    Hospital means any facility which has an organized medical staff, 
maintains at least six inpatient beds, and where the primary function of 
the institution is to provide diagnostic and therapeutic patient 
services and continuous nursing care primarily to human inpatients who 
are not related and who stay on average in excess of 24 hours per 
admission. This definition does not include facilities maintained for 
the sole purpose of providing nursing or convalescent care to human 
patients who generally are not acutely ill but who require continuing 
medical supervision.
    Hospital/medical/infectious waste incinerator or HMIWI or HMIWI unit 
means any device that combusts any amount of hospital waste and/or 
medical/infectious waste.
    Hospital/medical/infectious waste incinerator operator or HMIWI 
operator means any person who operates, controls or supervises the day-
to-day operation of an HMIWI.
    Hospital waste means discards generated at a hospital, except unused 
items returned to the manufacturer. The definition of hospital waste 
does not include human corpses, remains, and anatomical parts that are 
intended for interment or cremation.
    Infectious agent means any organism (such as a virus or bacteria) 
that is capable of being communicated by invasion and multiplication in 
body tissues and capable of causing disease or adverse health impacts in 
humans.
    Intermittent HMIWI means an HMIWI that is designed to allow waste 
charging, but not ash removal, during combustion.
    Large HMIWI means:
    (1) Except as provided in paragraph (2) of this definition;
    (i) An HMIWI whose maximum design waste burning capacity is more 
than 500 pounds per hour; or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 500 pounds per hour; or

[[Page 503]]

    (iii) A batch HMIWI whose maximum charge rate is more than 4,000 
pounds per day.
    (2) The following are not large HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 500 pounds per hour; or
    (ii) A batch HMIWI whose maximum charge rate is less than or equal 
to 4,000 pounds per day.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions. During periods of malfunction the operator must 
operate within established parameters as much as possible, and 
monitoring of all applicable operating parameters must continue until 
all waste has been combusted or until the malfunction ceases, whichever 
comes first.
    Maximum charge rate means:
    (1) For continuous and intermittent HMIWI, 110 percent of the lowest 
3-hour average charge rate measured during the most recent performance 
test demonstrating compliance with all applicable emission limits.
    (2) For batch HMIWI, 110 percent of the lowest daily charge rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limits.
    Maximum design waste burning capacity means:
    (1) For intermittent and continuous HMIWI,
    [GRAPHIC] [TIFF OMITTED] TR13MY13.000
    
Where:

C = HMIWI capacity, lb/hr
PV= primary chamber volume, ft\3\
15,000 = primary chamber heat release rate factor, Btu/ft\3\/hr
8,500 = standard waste heating value, Btu/lb;
    (2) For batch HMIWI,
    [GRAPHIC] [TIFF OMITTED] TR13MY13.001
    
Where:

C = HMIWI capacity, lb/hr
PV = primary chamber volume, ft\3\
4.5 = waste density, lb/ft\3\
8 = typical hours of operation of a batch HMIWI, hours.
    Maximum fabric filter inlet temperature means 110 percent of the 
lowest 3-hour average temperature at the inlet to the fabric filter 
(taken, at a minimum, once every minute) measured during the most recent 
performance test demonstrating compliance with the dioxin/furan emission 
limit.
    Maximum flue gas temperature means 110 percent of the lowest 3-hour 
average temperature at the outlet from the wet scrubber (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the mercury (Hg) emission limit.
    Medical/infectious waste means any waste generated in the diagnosis, 
treatment, or immunization of human beings or animals, in research 
pertaining thereto, or in the production or testing of biologicals that 
is listed in paragraphs (1) through (7) of this definition. The 
definition of medical/infectious waste does not include hazardous

[[Page 504]]

waste identified or listed under the regulations in part 261 of this 
chapter; household waste, as defined in Sec.  261.4(b)(1) of this 
chapter; ash from incineration of medical/infectious waste, once the 
incineration process has been completed; human corpses, remains, and 
anatomical parts that are intended for interment or cremation; and 
domestic sewage materials identified in Sec.  261.4(a)(1) of this 
chapter.
    (1) Cultures and stocks of infectious agents and associated 
biologicals, including: Cultures from medical and pathological 
laboratories; cultures and stocks of infectious agents from research and 
industrial laboratories; wastes from the production of biologicals; 
discarded live and attenuated vaccines; and culture dishes and devices 
used to transfer, inoculate, and mix cultures.
    (2) Human pathological waste, including tissues, organs, and body 
parts and body fluids that are removed during surgery or autopsy, or 
other medical procedures, and specimens of body fluids and their 
containers.
    (3) Human blood and blood products including:
    (i) Liquid waste human blood;
    (ii) Products of blood;
    (iii) Items saturated and/or dripping with human blood; or
    (iv) Items that were saturated and/or dripping with human blood that 
are now caked with dried human blood; including serum, plasma, and other 
blood components, and their containers, which were used or intended for 
use in either patient care, testing and laboratory analysis or the 
development of pharmaceuticals. Intravenous bags are also include in 
this category.
    (4) Sharps that have been used in animal or human patient care or 
treatment or in medical, research, or industrial laboratories, including 
hypodermic needles, syringes (with or without the attached needle), 
Pasteur pipettes, scalpel blades, blood vials, needles with attached 
tubing, and culture dishes (regardless of presence of infectious 
agents). Also included are other types of broken or unbroken glassware 
that were in contact with infectious agents, such as used slides and 
cover slips.
    (5) Animal waste including contaminated animal carcasses, body 
parts, and bedding of animals that were known to have been exposed to 
infectious agents during research (including research in veterinary 
hospitals), production of biologicals or testing of pharmaceuticals.
    (6) Isolation wastes including biological waste and discarded 
materials contaminated with blood, excretions, exudates, or secretions 
from humans who are isolated to protect others from certain highly 
communicable diseases, or isolated animals known to be infected with 
highly communicable diseases.
    (7) Unused sharps including the following unused, discarded sharps: 
hypodermic needles, suture needles, syringes, and scalpel blades.
    Medium HMIWI means:
    (1) Except as provided in paragraph (2) of this definition;
    (i) An HMIWI whose maximum design waste burning capacity is more 
than 200 pounds per hour but less than or equal to 500 pounds per hour; 
or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 200 pounds per hour but less than or equal to 500 pounds per 
hour; or
    (iii) A batch HMIWI whose maximum charge rate is more than 1,600 
pounds per day but less than or equal to 4,000 pounds per day.
    (2) The following are not medium HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 200 pounds per hour or more than 500 pounds per 
hour; or
    (ii) A batch HMIWI whose maximum charge rate is more than 4,000 
pounds per day or less than or equal to 1,600 pounds per day.
    Minimum dioxin/furan sorbent flow rate means 90 percent of the 
highest 3-hour average dioxin/furan sorbent flow rate (taken, at a 
minimum, once every hour) measured during the most recent performance 
test demonstrating compliance with the dioxin/furan emission limit.
    Minimum Hg sorbent flow rate means 90 percent of the highest 3-hour 
average Hg sorbent flow rate (taken, at a minimum, once every hour) 
measured

[[Page 505]]

during the most recent performance test demonstrating compliance with 
the Hg emission limit.
    Minimum horsepower or amperage means 90 percent of the highest 3-
hour average horsepower or amperage to the wet scrubber (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the applicable emission limits.
    Minimum hydrogen chloride (HCl) sorbent flow rate means 90 percent 
of the highest 3-hour average HCl sorbent flow rate (taken, at a 
minimum, once every hour) measured during the most recent performance 
test demonstrating compliance with the HCl emission limit.
    Minimum pressure drop across the wet scrubber means 90 percent of 
the highest 3-hour average pressure drop across the wet scrubber PM 
control device (taken, at a minimum, once every minute) measured during 
the most recent performance test demonstrating compliance with the PM 
emission limit.
    Minimum reagent flow rate means 90 percent of the highest 3-hour 
average reagent flow rate at the inlet to the SNCR technology (taken, at 
a minimum, once every minute) measured during the most recent 
performance test demonstrating compliance with the NOX 
emissions limit.
    Minimum scrubber liquor flow rate means 90 percent of the highest 3-
hour average liquor flow rate at the inlet to the wet scrubber (taken, 
at a minimum, once every minute) measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limits.
    Minimum scrubber liquor pH means 90 percent of the highest 3-hour 
average liquor pH at the inlet to the wet scrubber (taken, at a minimum, 
once every minute) measured during the most recent performance test 
demonstrating compliance with the HCl emission limit.
    Minimum secondary chamber temperature means 90 percent of the 
highest 3-hour average secondary chamber temperature (taken, at a 
minimum, once every minute) measured during the most recent performance 
test demonstrating compliance with the PM, CO, dioxin/furan or 
NOX emissions limits.
    Modification or Modified HMIWI means any change to a HMIWI unit 
after April 6, 2010, such that:
    (1) The cumulative costs of the modifications, over the life of the 
unit, exceed 50 per centum of the original cost of the construction and 
installation of the unit (not including the cost of any land purchased 
in connection with such construction or installation) updated to current 
costs, or
    (2) The change involves a physical change in or change in the method 
of operation of the unit which increases the amount of any air pollutant 
emitted by the unit for which standards have been established under 
section 129 or section 111.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of hospital waste or medical/
infectious waste is combusted at any time in the HMIWI.
    Operation means the period during which waste is combusted in the 
incinerator excluding periods of startup or shutdown.
    Particulate matter or PM means the total particulate matter emitted 
from an HMIWI as measured by EPA Reference Method 5 or EPA Reference 
Method 29.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Primary chamber means the chamber in an HMIWI that receives waste 
material, in which the waste is ignited, and from which ash is removed.
    Pyrolysis means the endothermic gasification of hospital waste and/
or medical/infectious waste using external energy.
    Secondary chamber means a component of the HMIWI that receives 
combustion gases from the primary chamber and in which the combustion 
process is completed.
    Shutdown means the period of time after all waste has been combusted 
in the primary chamber. For continuous HMIWI, shutdown must commence no 
less than 2 hours after the last charge

[[Page 506]]

to the incinerator. For intermittent HMIWI, shutdown must commence no 
less than 4 hours after the last charge to the incinerator. For batch 
HMIWI, shutdown must commence no less than 5 hours after the high-air 
phase of combustion has been completed.
    Small HMIWI means:
    (1) Except as provided in paragraph (2) of this definition;
    (i) An HMIWI whose maximum design waste burning capacity is less 
than or equal to 200 pounds per hour; or
    (ii) A continuous or intermittent HMIWI whose maximum charge rate is 
less than or equal to 200 pounds per hour; or
    (iii) A batch HMIWI whose maximum charge rate is less than or equal 
to 1,600 pounds per day.
    (2) The following are not small HMIWI:
    (i) A continuous or intermittent HMIWI whose maximum charge rate is 
more than 200 pounds per hour;
    (ii) A batch HMIWI whose maximum charge rate is more than 1,600 
pounds per day.
    Small rural HMIWI means a small HMIWI which is located more than 50 
miles from the boundary of the nearest Standard Metropolitan Statistical 
Area and which burns less than 2,000 pounds per week of hospital waste 
and medical/ infectious waste.
    Standard conditions means a temperature of 20 [deg]C and a pressure 
of 101.3 kilopascals.
    Standard Metropolitan Statistical Area or SMSA means any areas 
listed in OMB Bulletin No. 93-17 entitled ``Revised Statistical 
Definitions for Metropolitan Areas'' dated June 30, 1993. This 
information can also be obtained from the nearest Metropolitan Planning 
Organization.
    Startup means the period of time between the activation of the 
system and the first charge to the unit. For batch HMIWI, startup means 
the period of time between activation of the system and ignition of the 
waste.
    Wet scrubber means an add-on air pollution control device that 
utilizes an alkaline scrubbing liquor to collect particulate matter 
(including nonvaporous metals and condensed organics) and/or to absorb 
and neutralize acid gases.

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28075, May 13, 2013]

                         Delegation of Authority



Sec.  62.14495  What authorities will be retained by the EPA Administrator?

    The following authorities will be retained by the EPA Administrator 
and not transferred to the State or Tribe:
    (a) The requirements of Sec.  62.14453(b) establishing operating 
parameters when using controls other than a dry scrubber followed by a 
fabric filter, a wet scrubber, or a dry scrubber followed by a fabric 
filter and a wet scrubber.
    (b) Approval of alternative methods of demonstrating compliance 
under 40 CFR 60.8, including:
    (1) Approval of CEMS for PM, HCl, multi-metals and Hg where used for 
purposes of demonstrating compliance,
    (2) Approval of continuous automated sampling systems for dioxin/
furan and Hg where used for purposes of demonstrating compliance, and
    (3) Approval of major alternatives to test methods;
    (c) Approval of major alternatives to monitoring;
    (d) Waiver of recordkeeping requirements; and
    (e) Performance test and data reduction waivers under 40 CFR 
60.8(b).

[65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28075, May 13, 2013]

[[Page 507]]



Sec. Table 1 to Subpart HHH of Part 62--Emission Limits for Small Rural, 
                     Small, Medium, and Large HMIWI

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                 You must meet this emissions limit
                              ------------------------------------------------------------------------    With these       Using this    And determining
    For the air pollutant                                    HMIWI size                                    units (7      averaging time     compliance
                              ------------------------------------------------------------------------ percent oxygen,        \a\           using this
                                  Small rural          Small            Medium             Large          dry basis)                        method \b\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Particulate matter...........  87 (0.038)......  66 (0.029)......  46 (0.020) \c\..  25 (0.011)......  Milligrams per   3-run average    EPA Reference
                                                                   34 (0.015) \d\..                     dry standard     (1-hour          Method 5 of
                                                                                                        cubic meter      minimum sample   appendix A-3
                                                                                                        (grains per      time per run).   of part 60, or
                                                                                                        dry standard                      EPA Reference
                                                                                                        cubic foot).                      Method M 26A
                                                                                                                                          or 29 of
                                                                                                                                          appendix A-8
                                                                                                                                          of part 60
Carbon monoxide..............  20..............  20..............  5.5.............  11..............  Parts per        3-run average    EPA Reference
                                                                                                        million by       (1-hour          Method 10 or
                                                                                                        volume.          minimum sample   10B of
                                                                                                                         time per run).   appendix A-4
                                                                                                                                          of part 60
Dioxins/furans...............  240 (100) or 5.1  16 (7.0) or       0.85 (0.37) or    9.3 (4.1) or      Nanograms per    3-run average    EPA Reference
                                (2.2).            0.013 (0.0057).   0.020 (0.0087).   0.054 (0.024).    dry standard     (4-hour          Method 23 of
                                                                                                        cubic meter      minimum sample   appendix A-7
                                                                                                        total dioxins/   time per run).   of part 60
                                                                                                        furans (grains
                                                                                                        per billion
                                                                                                        dry standard
                                                                                                        cubic feet) or
                                                                                                        nanograms per
                                                                                                        dry standard
                                                                                                        cubic meter
                                                                                                        TEQ (grains
                                                                                                        per billion
                                                                                                        dry standard
                                                                                                        cubic feet).
Hydrogen chloride............  810.............  44 \c\..........  7.7.............  6.6.............  Parts per        3-run average    EPA Reference
                                                 15 \d\..........                                       million by       (1-hour          Method 26 or
                                                                                                        volume.          minimum sample   26A of
                                                                                                                         time per run).   appendix A-8
                                                                                                                                          of part 60
Sulfur dioxide...............  55..............  4.2.............  4.2.............  9.0.............  Parts per        3-run average    EPA Reference
                                                                                                        million by       (1-hour          Method 6 or 6C
                                                                                                        volume.          minimum sample   of appendix A-
                                                                                                                         time per run).   4 of part 60
Nitrogen oxides..............  130.............  190.............  190.............  140.............  Parts per        3-run average    EPA Reference
                                                                                                        million by       (1-hour          Method 7 or 7E
                                                                                                        volume.          minimum sample   of appendix A-
                                                                                                                         time per run).   4 of part 60
Lead.........................  0.50 (0.22).....  0.31 (0.14).....  0.018 (0.0079)..  0.036 (0.016)...  Milligrams per   3-run average    EPA Reference
                                                                                                        dry standard     (1-hour          Method 29 of
                                                                                                        cubic meter      minimum sample   appendix A-8
                                                                                                        (grains per      time per run).   of part 60
                                                                                                        thousand dry
                                                                                                        standard cubic
                                                                                                        feet).
Cadmium......................  0.11 (0.048)....  0.017 (0.0074)..  0.013 (0.0057)..  0.0092 (0.0040).  Milligrams per   3-run average    EPA Reference
                                                                                                        dry standard     (1-hour          Method 29 of
                                                                                                        cubic meter      minimum sample   appendix A-8
                                                                                                        (grains per      time per run).   of part 60
                                                                                                        thousand dry
                                                                                                        standard cubic
                                                                                                        feet).

[[Page 508]]

 
Mercury......................  0.051 (0.0022)..  0.014 (0.0061)..  0.025 (0.011)...  0.018 (0.0079)..  Milligrams per   3-run average    EPA Reference
                                                                                                        dry standard     (1-hour          Method 29 of
                                                                                                        cubic meter      minimum sample   appendix A-8
                                                                                                        (grains per      time per run).   of part 60
                                                                                                        thousand dry
                                                                                                        standard cubic
                                                                                                        feet).
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ Except as allowed under Sec.  Sec.   62.14452(o)-(q) for HMIWI equipped with CEMS or continuous automated sampling systems.
\b\ Does not include CEMS, continuous automated sampling systems, and approved alternative non-EPA test methods allowed under Sec.   62.14452(d) and
  (m).
\c\ Limits for those HMIWI for which construction or modification was commenced according to Sec.   62.14400(a)(2)(i).
\d\ Limits for those HMIWI for which construction or modification was commenced according to Sec.   62.14400(a)(2)(ii).


[78 FR 28075, May 13, 2013]



    Sec. Table 2 to Subpart HHH of Part 62--Toxic Equivalency Factors

------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     equivalency
                                                              factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin...............          1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.............          1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin............          0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin............          0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin............          0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.........          0.01
Octachlorinated dibenzo-p-dioxin........................          0.0003
2,3,7,8-tetrachlorinated dibenzofuran...................          0.1
2,3,4,7,8-pentachlorinated dibenzofuran.................          0.3
1,2,3,7,8-pentachlorinated dibenzofuran.................          0.03
1,2,3,4,7,8-hexachlorinated dibenzofuran................          0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran................          0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran................          0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran................          0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.............          0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.............          0.01
Octachlorinated dibenzofuran............................          0.0003
------------------------------------------------------------------------


[78 FR 28076, May 13, 2013]



   Sec. Table 3 to Subpart HHH of Part 62--Operating Parameters To Be 
       Monitored and Minimum Measurement and Recording Frequencies

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                   Minimum frequency                                                HMIWI
                                   ---------------------------------------------------------------------------------------------------------------------
                                                                                                                               HMIWI with
    Operating parameters to be                                                       HMIWI with    HMIWI with                 dry scrubber
             monitored                 Data measurement         Data recording       combustion   dry scrubber   HMIWI with    followed by   HMIWI with
                                                                                    control only   followed by  wet scrubber   FF and wet    SNCR system
                                                                                                       FF                       scrubber
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum operating parameters:
Maximum charge rate...............  Once per charge.......  Once per charge.......      [check]       [check]       [check]       [check]       [check]
Maximum FF inlet temperature......  Continuous............  Once per minute.......  ............      [check]   ............      [check]

[[Page 509]]

 
Maximum flue gas temperature......  Continuous............  Once per minute.......  ............  ............      [check]       [check]
Minimum operating parameters:
Minimum secondary chamber           Continuous............  Once per minute.......      [check]       [check]       [check]       [check]       [check]
 temperature.
Minimum dioxin/furan sorbent flow   Hourly................  Once per hour.........  ............      [check]   ............      [check]
 rate.
Minimum HCl sorbent flow rate.....  Hourly................  Once per hour.........  ............      [check]   ............      [check]
Minimum mercury (Hg) sorbent flow   Hourly................  Once per hour.........  ............      [check]   ............      [check]
 rate.
Minimum pressure drop across the    Continuous............  Once per minute.......  ............  ............      [check]       [check]
 wet scrubber or minimum
 horsepower or amperage to wet
 scrubber.
Minimum scrubber liquor flow rate.  Continuous............  Once per minute.......  ............  ............      [check]       [check]
Minimum scrubber liquor pH........  Continuous............  Once per minute.......  ............  ............      [check]       [check]
Minimum reagent flow rate.........  Hourly................  Once per hour.........  ............  ............  ............  ............      [check]
--------------------------------------------------------------------------------------------------------------------------------------------------------


[78 FR 28076, May 13, 2013]



  Subpart III_Federal Plan Requirements for Commercial and Industrial 
Solid Waste Incineration Units That Commenced Construction On or Before 
                            November 30, 1999

    Source: 68 FR 57539, Oct. 3, 2003, unless otherwise noted.

[[Page 510]]

                              Introduction



Sec.  62.14500  What is the purpose of this subpart?

    (a) This subpart establishes emission requirements and compliance 
schedules for the control of emissions from commercial and industrial 
solid waste incineration (CISWI) units that are not covered by an EPA 
approved and currently effective State or Tribal plan. The pollutants 
addressed by these emission requirements are listed in Table 1 of this 
subpart. These emission requirements are developed in accordance with 
sections 111 and 129 of the Clean Air Act and subpart B of 40 CFR part 
60.
    (b) In this subpart, ``you'' means the owner or operator of a CISWI 
unit.



Sec.  62.14505  What are the principal components of this subpart?

    This subpart contains the eleven major components listed in 
paragraphs (a) through (k) of this section.
    (a) Increments of progress toward compliance.
    (b) Waste management plan.
    (c) Operator training and qualification.
    (d) Emission limitations and operating limits.
    (e) Performance testing.
    (f) Initial compliance requirements.
    (g) Continuous compliance requirements.
    (h) Monitoring.
    (i) Recordkeeping and reporting.
    (j) Definitions.
    (k) Tables.

                              Applicability



Sec.  62.14510  Am I subject to this subpart?

    (a) You are subject to this subpart if you own or operate a CISWI 
unit as defined in Sec.  62.14840 and the CISWI unit meets the criteria 
described in paragraphs (a)(1) through (a)(3) of this section.
    (1) Construction of your CISWI unit commenced on or before November 
30, 1999.
    (2) Your CISWI unit is not exempt under Sec.  62.14525.
    (3) Your CISWI unit is not regulated by an EPA approved and 
currently effective State or Tribal plan, or your CISWI unit is located 
in any State whose approved State or Tribal plan is subsequently vacated 
in whole or in part.
    (b) If you made changes after June 1, 2001 that meet the definition 
of modification or reconstruction after promulgation of the final 40 CFR 
part 60 subpart CCCC (New Source Performance Standards for Commercial 
and Industrial Solid Waste Incineration Units), your CISWI unit is 
subject to subpart CCCC of 40 CFR part 60 and this subpart no longer 
applies to that unit.
    (c) If you make physical or operational changes to your existing 
CISWI unit primarily to comply with this subpart, then such changes do 
not qualify as modifications or reconstructions under subpart CCCC of 40 
CFR part 60.



Sec.  62.14515  Can my CISWI unit be covered by both a State plan and this subpart?

    (a) If your CISWI unit is located in a State that does not have an 
EPA-approved State plan or your State's plan has not become effective, 
this subpart applies to your CISWI unit until the EPA approves a State 
plan that covers your CISWI unit and that State plan becomes effective. 
However, a State may enforce the requirements of a State regulation 
while your CISWI unit is still subject to this subpart.
    (b) After the EPA approves a State plan covering your CISWI unit, 
and after that State plan becomes effective, you will no longer be 
subject to this subpart and will only be subject to the approved and 
effective State plan.



Sec.  62.14520  How do I determine if my CISWI unit is covered by an approved and effective State or Tribal plan?

    This part (40 CFR part 62) contains a list of State and Tribal areas 
with approved Clean Air Act section 111(d) and section 129 plans along 
with the effective dates for such plans. The list is published annually. 
If this part does not indicate that your State or Tribal area has an 
approved and effective plan, you should contact your State environmental 
agency's air director or your EPA Regional Office to determine if the 
EPA has approved a State plan

[[Page 511]]

covering your unit since publication of the most recent version of this 
subpart.



Sec.  62.14521  If my CISWI unit is not listed in the Federal plan inventory, am I exempt from this subpart?

    If a CISWI unit is not listed in the Federal plan inventory, it is 
not necessarily exempt from this subpart. Sources subject to this 
subpart are not limited to the inventory of sources listed in Docket A-
2000-52 for the Federal plan. If your CISWI units meets the 
applicability criteria in Sec.  62.14510, this subpart applies to you 
whether or not your unit is listed in the Federal plan inventory in the 
docket.



Sec.  62.14525  Can my combustion unit be exempt from this subpart?

    This subpart exempts 15 types of units described in paragraphs (a) 
through (o) of this section from complying with the requirements of this 
subpart except for the requirements specified in this section and in 
Sec.  62.14531.
    (a) Pathological waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste as defined in Sec.  62.14840 are not subject to this subpart if 
you meet the two requirements specified in paragraphs (a)(1) and (2) of 
this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
pathological waste, low-level radioactive waste, and/or chemotherapeutic 
waste burned, and the weight of all other fuels and wastes burned in the 
unit.
    (b) Agricultural waste incineration units. Incineration units 
burning 90 percent or more by weight (on a calendar quarter basis and 
excluding the weight of auxiliary fuel and combustion air) of 
agricultural wastes as defined in Sec.  62.14840 are not subject to this 
subpart if you meet the two requirements specified in paragraphs (b)(1) 
and (2) of this section.
    (1) Notify the Administrator that the unit meets these criteria.
    (2) Keep records on a calendar quarter basis of the weight of 
agricultural waste burned, and the weight of all other fuels and wastes 
burned in the unit.
    (c) Municipal waste combustion units. Incineration units that meet 
either of the two criteria specified in paragraphs (c)(1) or (2) of this 
section.
    (1) Units that are regulated under subpart Ea of 40 CFR part 60 
(Standards of Performance for Municipal Waste Combustors); subpart Eb of 
40 CFR part 60 (Standards of Performance for Municipal Waste Combustors 
for Which Construction is Commenced After September 20, 1994); subpart 
Cb of 40 CFR part 60 (Emission Guidelines and Compliance Times for Large 
Municipal Waste Combustors Constructed on or Before September 20, 1994); 
subpart AAAA of 40 CFR part 60 (Standards of Performance for New 
Stationary Sources: Small Municipal Waste Combustion Units); subpart 
BBBB of 40 CFR part 60 (Emission Guidelines for Existing Stationary 
Sources: Small Municipal Waste Combustion Units); or subpart JJJ of 40 
CFR part 62 (Federal Plan Requirements for Small Municipal Waste 
Combustion Units Constructed on or Before August 30, 1999).
    (2) Units that burn greater than 30 percent municipal solid waste or 
refuse-derived fuel, as defined in 40 CFR part 60 subpart Ea, subpart 
Eb, subpart AAAA, and subpart BBBB, and that have the capacity to burn 
less than 35 tons (32 megagrams) per day of municipal solid waste or 
refuse-derived fuel, if you meet the two requirements in paragraphs 
(c)(2)(i) and (ii) of this section.
    (i) Notify the Administrator that the unit meets these criteria.
    (ii) Keep records on a calendar quarter basis of the weight of 
municipal solid waste burned, and the weight of all other fuels and 
wastes burned in the unit.
    (d) Medical waste incineration units. Incineration units regulated 
under subpart Ec of 40 CFR part 60 (Standards of Performance for 
Hospital/Medical/Infectious Waste Incinerators for Which Construction is 
Commenced After June 20, 1996); 40 CFR part 60 subpart Ce (Emission 
Guidelines and Compliance

[[Page 512]]

Times for Hospital/Medical/Infectious Waste Incinerators); and 40 CFR 
part 62 subpart HHH (Federal Plan Requirements for Hospital/Medical/
Infectious Waste Incinerators Constructed on or before June 20, 1996).
    (e) Small power production facilities. Units that meet the three 
requirements specified in paragraphs (e)(1) through (3) of this section.
    (1) The unit qualifies as a small power-production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (f) Cogeneration facilities. Units that meet the three requirements 
specified in paragraphs (f)(1) through (3) of this section.
    (1) The unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) The unit burns homogeneous waste (not including refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit meets all of these 
criteria.
    (g) Hazardous waste combustion units. Units regulated under subpart 
EEE of part 63 (National Emission Standards for Hazardous Air Pollutants 
from Hazardous Waste Combustors).
    (h) Materials recovery units. Units that combust waste for the 
primary purpose of recovering metals, such as primary and secondary 
smelters.
    (i) Air curtain incinerators. Air curtain incinerators that burn 100 
percent wood waste; 100 percent clean lumber; or a 100 percent mixture 
of only wood waste, clean lumber, and/or yard waste; are required to 
meet only the requirements under ``Air Curtain Incinerators That Burn 
100 Percent Wood Wastes, Clean Lumber and/or Yard Waste'' (Sec. Sec.  
62.14765 through 62.14825) and the title V operating permit requirements 
(Sec. Sec.  62.14830 and 62.14835).
    (j) Cyclonic barrel burners.
    (k) Rack, part, and drum reclamation units.
    (l) Cement kilns.
    (m) Sewage sludge incinerators. Incineration units regulated under 
subpart O of 40 CFR part 60 (Standards of Performance for Sewage 
Treatment Plants).
    (n) Chemical recovery units. Combustion units burning materials to 
recover chemical constituents or to produce chemical compounds where 
there is an existing commercial market for such recovered chemical 
constituents or compounds. The eight types of units described in 
paragraphs (n)(1) through (8) of this section are considered chemical 
recovery units.
    (1) Units burning only pulping liquors (i.e., black liquor) that are 
reclaimed in a pulping liquor recovery process and reused in the pulping 
process.
    (2) Units burning only spent sulfuric acid used to produce virgin 
sulfuric acid.
    (3) Units burning only wood or coal feedstock for the production of 
charcoal.
    (4) Units burning only manufacturing byproduct streams/residues 
containing catalyst metals which are reclaimed and reused as catalysts 
or used to produce commercial grade catalysts.
    (5) Units burning only coke to produce purified carbon monoxide that 
is used as an intermediate in the production of other chemical 
compounds.
    (6) Units burning only hydrocarbon liquids or solids to produce 
hydrogen, carbon monoxide, synthesis gas, or other gases for use in 
other manufacturing processes.
    (7) Units burning only photographic film to recover silver.
    (8) Units granted exemptions resulting from petitions submitted 
under the provisions of either Sec.  60.2025 or Sec.  60.2558.
    (o) Laboratory units. Units that burn samples of materials for the 
purpose of chemical or physical analysis.



Sec.  62.14530  What if I have a chemical recovery unit that is not listed
in Sec.  62.14525(n)?

    If you have a recovery unit that is not listed in Sec.  62.14525(n), 
you can petition the Administrator to add the unit to the list of 
exempted units in 40 CFR 60.2020(n) or 60.2555(n) pursuant to the 
requirements of 40 CFR 60.2025 or 60.2558. Units granted exemptions

[[Page 513]]

under 40 CFR 60.2025 or 60.2558 are exempt from the requirement of this 
Federal plan under Sec.  62.14525(n)(8).



Sec.  62.14531  When must I submit any records required pursuant to an 
exemption allowed under Sec.  62.14525?

    Owners or operators of sources that qualify for the exemptions in 
Sec.  62.14525(a) through (o) must submit any records required to 
support their claims of exemption to the EPA Administrator (or delegated 
enforcement authority) upon request. Upon request by any person under 
the regulation at part 2 of this chapter (or a comparable law or 
regulation governing a delegated enforcement authority), the EPA 
Administrator (or delegated enforcement authority) must request the 
records in Sec.  62.14525(a) through (o) from an owner or operator and 
make such records available to the requestor to the extent required by 
part 2 of this chapter (or a comparable law governing a delegated 
enforcement authority). Any records required under Sec.  62.14525(a) 
through (o) must be maintained by the source for a period of at least 5 
years. Notifications of exemption claims required under Sec.  
62.14525(a) through (o) of this section must be maintained by the EPA or 
delegated enforcement authority for a period of at least 5 years. Any 
information obtained from an owner or operator of a source accompanied 
by a claim of confidentiality will be treated in accordance with the 
regulations in part 2 of this chapter (or a comparable law governing a 
delegated enforcement authority).

             Compliance Schedule and Increments of Progress



Sec.  62.14535  When must I comply with this subpart if I plan to continue
operation of my CISWI unit?

    If you plan to continue operation of your CISWI unit, then you must 
follow the requirements in paragraph (a) or (b) of this section 
depending on when you plan to come into compliance with the requirements 
of this subpart.
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by October 4, 2004, then you must 
complete the requirements of paragraphs (a)(1) through (a)(5) of this 
section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this subpart 
by October 4, 2004.
    (2) You must submit a waste management plan no later than April 5, 
2004.
    (3) You must achieve final compliance by October 4, 2004. To achieve 
final compliance, you must incorporate all process changes and complete 
retrofit construction of control devices, as specified in the final 
control plan, so that, if the affected CISWI unit is brought online, all 
necessary process changes and air pollution control devices would 
operate as designed.
    (4) You must conduct the initial performance test within 90 days 
after the date when you are required to achieve final compliance under 
paragraph (a)(3) of this section.
    (5) You must submit an initial report including the results of the 
initial performance test no later than 60 days following the initial 
performance test (see Sec. Sec.  62.14700 through 62.14760 for complete 
reporting and recordkeeping requirements).
    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart after October 4, 2004, but before 
October 3, 2005 you must petition for and be granted an extension of the 
final compliance date specified Sec.  62.14535(a)(3) by meeting the 
requirements of Sec.  62.14536 and you must meet the requirements for 
increments of progress specified in Sec.  62.14540 through Sec.  
62.14565. To achieve the final compliance increment of progress, you 
must complete the requirements of paragraphs (b)(1) through (b)(5) of 
this section.
    (1) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this subpart 
by October 4, 2004.
    (2) You must submit a waste management plan no later than April 5, 
2004.
    (3) You must achieve final compliance by October 3, 2005. For the 
final compliance increment of progress, you must incorporate all process 
changes and complete retrofit construction of control devices, as 
specified in the final control plan, so that, when the affected

[[Page 514]]

CISWI unit is brought online, all necessary process changes and air 
pollution control devices operate as designed.
    (4) You must conduct the initial performance test within 90 days 
after the date when you are required to achieve final compliance under 
paragraph (b)(3) of this section.
    (5) You must submit an initial report including the result of the 
initial performance no later than 60 days following the initial 
performance test (see Sec. Sec.  62.14700 through 62.14760 for complete 
reporting and recordkeeping requirements).



Sec.  62.14536  What steps are required to request an extension of the 
initial compliance date if I plan to continue operation of my CISWI unit?

    If you plan to continue operation and want to come into compliance 
with the requirements of this subpart after October 4, 2004, but before 
October 3, 2005, then you must you must petition to the Administrator to 
grant you an extension by following the procedures outlined in 
paragraphs (a) and (b) of this section.
    (a) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) on or before December 
3, 2003.
    (b) Your request must include documentation of the analyses 
undertaken to support your need for an extension, including an 
explanation of why you are unable to meet the final compliance date 
specified in Sec.  62.14535(a)(3) and why your requested extension date 
is needed to provide sufficient time for you to design, fabricate, and 
install the emissions control systems necessary to meet the requirements 
of this Subpart. A request based upon the avoidance of costs of meeting 
provisions of this Subpart is not acceptable and will be denied.



Sec.  62.14540  When must I complete each increment of progress?

    If you plan to come into compliance after October 4, 2004, you must 
meet the two increments of progress specified in paragraphs (a) and (b) 
of this section.
    (a) Increment 1. Submit a final control plan by April 5, 2004.
    (b) Increment 2. Reach final compliance by October 3, 2005.



Sec.  62.14545  What must I include in each notification of achievement
of an increment of progress?

    Your notification of achievement of an increment of progress must 
include the four items specified in paragraphs (a) through (d) of this 
section.
    (a) Notification of the date that the increment of progress has been 
achieved.
    (b) Any items required to be submitted with each increment of 
progress.
    (c) Signature of the owner or operator of the CISWI unit.
    (d) The date you were required to complete the increment of 
progress.



Sec.  62.14550  When must I submit a notification of achievement of
the first increment of progress?

    Your notification for achieving the first increment of progress must 
be postmarked no later than April 15, 2004.



Sec.  62.14555  What if I do not meet an increment of progress?

    Failure to meet an increment of progress is a violation of the 
standards under this subpart. If you fail to meet an increment of 
progress, you must submit a notification to the Administrator postmarked 
within 10 business days after the due date for that increment of 
progress. You must inform the Administrator that you did not meet the 
increment, and you must continue to submit reports each subsequent 
calendar month until the increment of progress is met.



Sec.  62.14560  How do I comply with the increment of progress for 
submittal of a control plan?

    For your control plan increment of progress, you must satisfy the 
two requirements specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan that includes the six items 
described in paragraphs (a)(1) through (6) of this section.
    (1) A description of the devices for air pollution control and 
process changes that you will use to comply with the emission 
limitations and other requirements of this subpart.

[[Page 515]]

    (2) The type(s) of waste to be burned.
    (3) The maximum design waste burning capacity.
    (4) The anticipated maximum charge rate.
    (5) If applicable, the petition for site-specific operating limits 
under Sec.  62.14640.
    (6) A schedule that includes the date by which you will award the 
contracts to procure emission control equipment or related materials, 
initiate on-site construction, initiate on-site installation of emission 
control equipment, and/or incorporate process changes, and the date by 
which you will initiate on-site construction.
    (b) Maintain an on-site copy of the final control plan.



Sec.  62.14565  How do I comply with the increment of progress for 
achieving final compliance?

    For the final compliance increment of progress, you must incorporate 
all process changes and complete retrofit construction of control 
devices, as specified in the final control plan, so that, when the 
affected CISWI unit is brought online, all necessary process changes and 
air pollution control devices operate as designed.



Sec.  62.14570  What must I do if I plan to permanently close my 
CISWI unit?

    If you plan to permanently close your CISWI unit, then you must 
follow the requirements in either paragraph (a) or (b) of this section 
depending on when you plan to shut down.
    (a) If you plan to shut down by October 4, 2004, rather that come 
into compliance with the complete set of requirements in this subpart, 
then you must shut down by October 4, 2004. In addition, while still in 
operation, your CISWI unit is subject to the same requirement to apply 
for and obtain a title V operating permit that applies to a CISWI unit 
that will not be permanently closing. See Sec. Sec.  62.14830 and 
62.14835.
    (b) If you plan to shut down rather than come into compliance with 
the complete set of requirements of this subpart, but are unable to shut 
down by October 4, 2004, then you must petition EPA for and be granted 
an extension by following the procedures outlined in paragraphs (b)(1) 
through (5) of this section.
    (1) You must submit your request for an extension to the EPA 
Administrator (or delegated enforcement authority) by December 3, 2003. 
Your request must include:
    (i) Documentation of the analyses undertaken to support your need 
for an extension, including an explanation of why your requested 
extension date is sufficient time for you to shut down while October 4, 
2004 does not provide sufficient time for shut down. A request based 
upon the avoidance of costs of meeting provisions of this subpart is not 
acceptable and will be denied. Your documentation must include an 
evaluation of the option to transport your waste offsite to a commercial 
or municipal waste treatment and/or disposal facility on a temporary or 
permanent basis; and
    (ii) Documentation of incremental steps of progress, including dates 
for completing the increments of progress, that you will take towards 
shutting down. Some suggested incremental steps of progress towards shut 
down are provided as follows:

------------------------------------------------------------------------
                                             Then your increments of
              If you . . .                   progress could be . . .
------------------------------------------------------------------------
(A) Need an extension so you can         (1) Date when you will enter
 install an onsite alternative waste      into a contract with an
 treatment technology before you shut     alternative treatment
 down your CISWI.                         technology vendor,
                                         (2) Date for initiating onsite
                                          construction or installation
                                          of the alternative technology,
                                         (3) Date for completing onsite
                                          construction or installation
                                          of the alternative technology,
                                          and
                                         (4) Date for shutting down the
                                          CISWI.
(B) Need an extension so you can         (1) Date when price quotes will
 acquire the services of a commercial     be obtained from commercial
 waste disposal company before you shut   disposal companies,
 down your CISWI.                        (2) Date when you will enter
                                          into a contract with a
                                          commercial disposal company,
                                          and
                                         (3) Date for shutting down the
                                          CISWI.
------------------------------------------------------------------------


[[Page 516]]

    (2) You must shut down no later than by October 3, 2005.
    (3) You must comply with the operator training and qualification 
requirements and inspection requirements (if applicable) of this subpart 
by October 4, 2004.
    (4) You must submit a legally binding closure agreement to the 
Administrator by April 5, 2004. The closure agreement must specify the 
date by which operation will cease. The closure date cannot be later 
than October 3, 2005.
    (5) While still in operation, your CISWI unit is subject to the same 
requirement to apply for and obtain a title V operating permit that 
applies to a CISWI unit that will not be permanently closing. See 
Sec. Sec.  62.14830 and 62.14835.



Sec.  62.14575  What must I do if I close my CISWI unit and then restart
it?

    If you temporarily close your CISWI unit and restart the unit for 
the purpose of continuing operation of your CISWI unit, then you must 
follow the requirements in paragraphs (a), (b), or (c) of this section 
depending on when you plan to come into compliance with the requirements 
of this subpart. You are subject to the operating permit requirements of 
title V of the CAA and 40 CFR part 70 or 71 until you close your CISWI 
unit and at the time you restart it.
    (a) If you plan to continue operation and come into compliance with 
the requirements of this subpart by October 4, 2004, then you must 
complete the requirements of Sec.  62.14535(a).
    (b) If you plan to continue operation and come into compliance with 
the requirements of this subpart on or before October 3, 2005, then you 
must complete the requirements of Sec.  62.14535(b). You must have first 
requested and been granted an extension from the initial compliance date 
by following the requirements of Sec.  62.14536.
    (c) If you restart your CISWI unit after the October 4, 2004 and 
resume operation, but have not previously requested an extension by 
meeting all of the requirements of Sec.  62.14536, you must meet all of 
the requirements of Sec.  62.14535(a)(1) through (a)(5) at the time you 
restart your CISWI unit. Upon restarting your CISWI unit, you must have 
incorporated all process changes and completed retrofit construction of 
control devices so that when the affected CISWI unit is brought online, 
all necessary process changes and air pollution control devices operate 
as designed.

                          Waste Management Plan



Sec.  62.14580  What is a waste management plan?

    A waste management plan is a written plan that identifies both the 
feasibility and the methods used to reduce or separate certain 
components of solid waste from the waste stream in order to reduce or 
eliminate toxic emissions from incinerated waste.



Sec.  62.14585  When must I submit my waste management plan?

    You must submit a waste management plan no later than April 5, 2004.



Sec.  62.14590  What should I include in my waste management plan?

    A waste management plan must include consideration of the reduction 
or separation of waste-stream elements such as paper, cardboard, 
plastics, glass, batteries, or metals; or the use of recyclable 
materials. The plan must identify any additional waste management 
measures, and the source must implement those measures considered 
practical and feasible, based on the effectiveness of waste management 
measures already in place, the costs of additional measures, the 
emissions reductions expected to be achieved, and any other 
environmental or energy impacts they might have.

                   Operator Training and Qualification



Sec.  62.14595  What are the operator training and qualification
requirements?

    (a) You must have a fully trained and qualified CISWI unit operator 
accessible at all times when the unit is in operation, either at your 
facility or able to be at your facility within one hour. The trained and 
qualified CISWI unit operator may operate the CISWI unit directly or be 
the direct supervisor of one or more other plant personnel who operate 
the unit. If all qualified CISWI unit operators are

[[Page 517]]

temporarily not accessible, you must follow the procedures in Sec.  
62.14625.
    (b) Operator training and qualification must be obtained through a 
State-approved program or by completing the requirements included in 
paragraph (c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section.
    (1) Training on the thirteen subjects listed in paragraphs (c)(1)(i) 
through (xiii) of this section.
    (i) Environmental concerns, including types of emissions.
    (ii) Basic combustion principles, including products of combustion.
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, waste charging, and shutdown 
procedures.
    (iv) Combustion controls and monitoring.
    (v) Operation of air pollution control equipment and factors 
affecting performance (where applicable).
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices.
    (vii) Actions to correct malfunctions or conditions that may lead to 
malfunction.
    (viii) Bottom and fly ash characteristics and handling procedures.
    (ix) Applicable Federal, State, and local regulations, including 
Occupational Safety and Health Administration workplace standards.
    (x) Pollution prevention.
    (xi) Waste management practices.
    (xii) Recordkeeping requirements.
    (xiii) Methods to continuously monitor CISWI unit and air pollution 
control device operating parameters and monitoring equipment calibration 
procedures (where applicable).
    (2) An examination designed and administered by the instructor.
    (3) Written material covering the training course topics that can 
serve as reference material following completion of the course.



Sec.  62.14600  When must the operator training course be completed?

    (a) The operator training course must be completed by the later of 
the two dates specified in paragraphs (a)(1) and (2) of this section.
    (1) October 4, 2004.
    (2) Six months after an employee assumes responsibility for 
operating the CISWI unit or assumes responsibility for supervising the 
operation of the CISWI unit.
    (b) You must follow the requirements in Sec.  63.14625 if all 
qualified operators are temporarily not accessible.



Sec.  62.14605  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  62.14595(b) or (c).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the examination 
required under Sec.  62.14595(c)(2).



Sec.  62.14610  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or 
refresher course of at least 4 hours covering, at a minimum, the five 
topics described in paragraphs (a) through (e) of this section.
    (a) Update of regulations.
    (b) Incinerator operation, including startup and shutdown 
procedures, waste charging, and ash handling.
    (c) Inspection and maintenance.
    (d) Responses to malfunctions or conditions that may lead to 
malfunction.
    (e) Discussion of operating problems encountered by attendees.



Sec.  62.14615  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification by one of the two 
methods specified in paragraphs (a) and (b) of this section.
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec.  62.14610.
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  62.14605(a).

[[Page 518]]



Sec.  62.14620  What site-specific documentation is required?

    (a) Documentation must be available at the facility and readily 
accessible for all CISWI unit operators that addresses the ten topics 
described in paragraphs (a)(1) through (10) of this section. You must 
maintain this information and the training records required by paragraph 
(c) of this section in a manner that they can be readily accessed and 
are suitable for inspection upon request.
    (1) Summary of the applicable standards under this subpart.
    (2) Procedures for receiving, handling, and charging waste.
    (3) Incinerator startup, shutdown, and malfunction procedures.
    (4) Procedures for maintaining proper combustion air supply levels.
    (5) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (6) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (7) Reporting and recordkeeping procedures.
    (8) The waste management plan required under Sec. Sec.  62.14580 
through 62.14590.
    (9) Procedures for handling ash.
    (10) A list of the wastes burned during the performance test.
    (b) You must establish a program for reviewing the information 
listed in paragraph (a) of this section with each employee who operates 
your incinerator.
    (1) The initial review of the information listed in paragraph (a) of 
this section must be conducted by the later of the two dates specified 
in paragraphs (b)(1)(i) through (ii) of this section.
    (i) October 4, 2004.
    (ii) Two months after being assigned to operate the CISWI unit.
    (2) Subsequent annual reviews of the information listed in paragraph 
(a) of this section must be conducted no later than 12 months following 
the previous review.
    (c) You must also maintain the information specified in paragraphs 
(c)(1) through (3) of this section.
    (1) Records showing the names of all plant personnel who operate 
your CISWI unit who have completed review of the information in Sec.  
62.14620(a) as required by Sec.  62.14620(b), including the date of the 
initial review and all subsequent annual reviews.
    (2) Records showing the names of all plant personnel who operate 
your CISWI unit who have completed the operator training requirements 
under Sec.  62.14595, met the criteria for qualification under Sec.  
62.14605, and maintained or renewed their qualification under Sec.  
62.14610 or Sec.  62.14615. Records must include documentation of 
training, the dates of the initial refresher training, and the dates of 
their qualification and all subsequent renewals of such qualifications.
    (3) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.



Sec.  62.14625  What if all the qualified operators are temporarily not 
accessible?

    If all qualified operators are temporarily not accessible (i.e., not 
at the facility and not able to be at the facility within 1 hour), you 
must meet one of the two criteria specified in paragraphs (a) and (b) of 
this section, depending on the length of time that a qualified operator 
is not accessible.
    (a) When all qualified operators are not accessible for more than 8 
hours, but less than 2 weeks, the CISWI unit may be operated by other 
plant personnel familiar with the operation of the CISWI unit who have 
completed a review of the information specified in Sec.  62.14620(a) 
within the past 12 months. However, you must record the period when all 
qualified operators were not accessible and include this deviation in 
the annual report as specified under Sec.  62.14730.
    (b) When all qualified operators are not accessible for 2 weeks or 
more, you must take the two actions that are described in paragraphs 
(b)(1) and (2) of this section.
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible.

[[Page 519]]

    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to continue 
operation of the CISWI unit. You must submit the first status report 4 
weeks after you notify the Administrator of the deviation under 
paragraph (b)(1) of this section. If the Administrator notifies you that 
your request to continue operation of the CISWI unit is disapproved, the 
CISWI unit may continue operation for 90 days, then must cease 
operation. Operation of the unit may resume if you meet the two 
requirements in paragraphs (b)(2)(i) and (ii) of this section.
    (i) A qualified operator is accessible as required under Sec.  
62.14595(a).
    (ii) You notify the Administrator that a qualified operator is 
accessible and that you are resuming operation.

                Emission Limitations and Operating Limits



Sec.  62.14630  What emission limitations must I meet and by when?

    You must meet the emission limitations specified in table 1 of this 
subpart by the applicable final compliance date for your CISWI unit.



Sec.  62.14635  What operating limits must I meet and by when?

    (a) If you use a wet scrubber to comply with the emission 
limitations, you must establish operating limits for four operating 
parameters (as specified in table 2 of this subpart) as described in 
paragraphs (a)(1) through (4) of this section during the initial 
performance test.
    (1) Maximum charge rate, calculated using one of the two different 
procedures in paragraph (a)(1)(i) or (ii) of this section, as 
appropriate.
    (i) For continuous and intermittent units, maximum charge rate is 
110 percent of the average charge rate measured during the most recent 
performance test demonstrating compliance with all applicable emission 
limitations.
    (ii) For batch units, maximum charge rate is 110 percent of the 
daily charge rate measured during the most recent performance test 
demonstrating compliance with all applicable emission limitations.
    (2) Minimum pressure drop across the wet scrubber, which is 
calculated as 90 percent of the average pressure drop across the wet 
scrubber measured during the most recent performance test demonstrating 
compliance with the particulate matter emission limitations; or minimum 
amperage to the wet scrubber, which is calculated as 90 percent of the 
average amperage to the wet scrubber measured during the most recent 
performance test demonstrating compliance with the particulate matter 
emission limitations.
    (3) Minimum scrubber liquor flow rate, which is calculated as 90 
percent of the average liquor flow rate at the inlet to the wet scrubber 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limitations.
    (4) Minimum scrubber liquor pH, which is calculated as 90 percent of 
the average liquor pH at the inlet to the wet scrubber measured during 
the most recent performance test demonstrating compliance with the 
hydrogen chloride emission limitation.
    (b) You must meet the operating limits established during the 
initial performance test on the date the initial performance test is 
required or completed (whichever is earlier).
    (c) If you use a fabric filter to comply with the emission 
limitations, you must operate each fabric filter system such that the 
bag leak detection system alarm does not sound more than 5 percent of 
the operating time during any 6-month period. In calculating this 
operating time percentage, if inspection of the fabric filter 
demonstrates that no corrective action is required, no alarm time is 
counted. If corrective action is required, each alarm shall be counted 
as a minimum of 1 hour. If you take longer than 1 hour to initiate 
corrective action, the alarm time shall be counted as the actual amount 
of time taken by you to initiate corrective action.

[[Page 520]]



Sec.  62.14640  What if I do not use a wet scrubber to comply with
the emission limitations?

    If you use an air pollution control device other than a wet 
scrubber, or limit emissions in some other manner, to comply with the 
emission limitations under Sec.  62.14630, you must petition the 
Administrator for specific operating limits to be established during the 
initial performance test and continuously monitored thereafter. You must 
not conduct the initial performance test until after the petition has 
been approved by the Administrator. Your petition must include the five 
items listed in paragraphs (a) through (e) of this section.
    (a) Identification of the specific parameters you propose to use as 
additional operating limits.
    (b) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants.
    (c) A discussion of how you will establish the upper and/or lower 
values for these parameters which will establish the operating limits on 
these parameters.
    (d) A discussion identifying the methods you will use to measure and 
the instruments you will use to monitor these parameters, as well as the 
relative accuracy and precision of these methods and instruments.
    (e) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.



Sec.  62.14645  What happens during periods of startup, shutdown, and
malfunction?

    (a) The emission limitations and operating limits apply at all times 
except during periods of CISWI unit startup, shutdown, or malfunction as 
defined in Sec.  62.14840.
    (b) Each malfunction must last no longer than 3 hours.

                           Performance Testing



Sec.  62.14650  How do I conduct the initial and annual performance test?

    (a) All performance tests must consist of a minimum of three test 
runs conducted under conditions representative of normal operations.
    (b) You must document that the waste burned during the performance 
test is representative of the waste burned under normal operating 
conditions by maintaining a log of the quantity of waste burned (as 
required in Sec.  62.14700(b)(1)) and the types of waste burned during 
the performance test.
    (c) All performance tests must be conducted using the minimum run 
duration specified in Table 1 of this subpart.
    (d) Method 1 of 40 CFR part 60, appendix A must be used to select 
the sampling location and number of traverse points.
    (e) Method 3A or 3B of 40 CFR part 60, appendix A must be used for 
gas composition analysis, including measurement of oxygen concentration. 
Method 3A or 3B of 40 CFR part 60, appendix A must be used 
simultaneously with each method.
    (f) All pollutant concentrations, except for opacity, must be 
adjusted to 7 percent oxygen using Equation 1 of this section:

Cadj = C meas (20.9-7)/(20.9-%O2) (Eq. 
1)

Where:

Cadj = pollutant concentration adjusted to 7 percent oxygen;
Cmeas = pollutant concentration measured on a dry basis;
(20.9-7) = 20.9 percent oxygen-7 percent oxygen (defined oxygen 
          correction basis);
20.9 = oxygen concentration in air, percent; and
%O2 = oxygen concentration measured on a dry basis, percent.

    (g) You must determine dioxins/furans toxic equivalency by following 
the procedures in paragraphs (g)(1) through (3) of this section.
    (1) Measure the concentration of each dioxin/furan tetra- through 
octa-congener emitted using EPA Method 23.
    (2) For each dioxin/furan congener measured in accordance with 
paragraph (g)(1) of this section, multiply

[[Page 521]]

the congener concentration by its corresponding toxic equivalency factor 
specified in Table 3 of this subpart.
    (3) Sum the products calculated in accordance with paragraph (g)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.



Sec.  62.14655  How are the performance test data used?

    You use results of performance tests to demonstrate compliance with 
the emission limitations in Table 1 of this subpart.

                     Initial Compliance Requirements



Sec.  62.14660  How do I demonstrate initial compliance with the emission
limitations and establish the operating limits?

    You must conduct an initial performance test, as required under 40 
CFR 60.8, to determine compliance with the emission limitations in Table 
1 of this subpart and to establish operating limits using the procedure 
in Sec.  62.14635 or Sec.  62.14640. The initial performance test must 
be conducted using the test methods listed in table 1 of this subpart 
and the procedures in Sec.  62.14650.



Sec.  62.14665  By what date must I conduct the initial performance test?

    The initial performance test must be conducted no later than 90 days 
after your final compliance date.

                   Continuous Compliance Requirements



Sec.  62.14670  How do I demonstrate continuous compliance with the emission
limitations and the operating limits?

    (a) You must conduct an annual performance test for particulate 
matter, hydrogen chloride, and opacity for each CISWI unit as required 
under 40 CFR 60.8 to determine compliance with the emission limitations. 
The annual performance test must be conducted using the test methods 
listed in table 1 of this subpart and the procedures in Sec.  62.14650.
    (b) You must continuously monitor the operating parameters specified 
in Sec.  62.14635 or established under Sec.  62.14640. Operation above 
the established maximum or below the established minimum operating 
limits constitutes a deviation from the established operating limits. 
Three-hour rolling average values are used to determine compliance 
(except for baghouse leak detection system alarms) unless a different 
averaging period is established under Sec.  62.14640. Operating limits 
do not apply during performance tests.
    (c) You must only burn the same types of waste used to establish 
operating limits during the performance test.



Sec.  62.14675  By what date must I conduct the annual performance test?

    You must conduct annual performance tests for particulate matter, 
hydrogen chloride, and opacity within 12 months following the initial 
performance test. Conduct subsequent annual performance tests within 12 
months following the previous one.



Sec.  62.14680  May I conduct performance testing less often?

    (a) You can test less often for a given pollutant if you have test 
data for at least 3 years, and all performance tests for the pollutant 
(particulate matter, hydrogen chloride, or opacity) over 3 consecutive 
years show that you comply with the emission limitation. In this case, 
you do not have to conduct a performance test for that pollutant for the 
next 2 years. You must conduct a performance test during the third year 
and no later than 36 months following the previous performance test.
    (b) If your CISWI unit continues to meet the emission limitation for 
particulate matter, hydrogen chloride, or opacity, you may choose to 
conduct performance tests for these pollutants every third year, but 
each test must be within 36 months of the previous performance test.
    (c) If a performance test shows a deviation from an emission 
limitation for particulate matter, hydrogen chloride, or opacity, you 
must conduct annual performance tests for that pollutant until all 
performance tests over a 3-year period show compliance.

[[Page 522]]



Sec.  62.14685  May I conduct a repeat performance test to establish new
operating limits?

    (a) Yes. You may conduct a repeat performance test at any time to 
establish new values for the operating limits. The Administrator may 
request a repeat performance test at any time.
    (b) You must repeat the performance test if your feed stream is 
different than the feed streams used during any performance test used to 
demonstrate compliance.

                               Monitoring



Sec.  62.14690  What monitoring equipment must I install and what parameters 
must I monitor?

    (a) If you are using a wet scrubber to comply with the emission 
limitation under Sec.  62.14630, you must install, calibrate (to 
manufacturers' specifications), maintain, and operate devices (or 
establish methods) for monitoring the value of the operating parameters 
used to determine compliance with the operating limits listed in table 2 
of this subpart. These devices (or methods) must measure and record the 
values for these operating parameters at the frequencies indicated in 
table 2 of this subpart at all times except as specified in Sec.  
62.14695(a).
    (b) If you use a fabric filter to comply with the requirements of 
this subpart, you must install, calibrate, maintain, and continuously 
operate a bag leak detection system as specified in paragraphs (b)(1) 
through (8) of this section.
    (1) You must install and operate a bag leak detection system for 
each exhaust stack of the fabric filter.
    (2) Each bag leak detection system must be installed, operated, 
calibrated, and maintained in a manner consistent with the 
manufacturer's written specifications and recommendations.
    (3) The bag leak detection system must be certified by the 
manufacturer to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (4) The bag leak detection system sensor must provide output of 
relative or absolute particulate matter loadings.
    (5) The bag leak detection system must be equipped with a device to 
continuously record the output signal from the sensor.
    (6) The bag leak detection system must be equipped with an alarm 
system that will sound automatically when an increase in relative 
particulate matter emissions over a preset level is detected. The alarm 
must be located where it is easily heard by plant operating personnel.
    (7) For positive pressure fabric filter systems, a bag leak 
detection system must be installed in each baghouse compartment or cell. 
For negative pressure or induced air fabric filters, the bag leak 
detector must be installed downstream of the fabric filter.
    (8) Where multiple detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (c) If you are using an emission control system other than a wet 
scrubber to comply with the emission limitations under Sec.  62.14630, 
you must install, calibrate (to the manufacturers' specifications), 
maintain, and operate the equipment necessary to monitor compliance with 
the site-specific operating limits established using the procedures in 
Sec.  62.14640.



Sec.  62.14695  Is there a minimum amount of monitoring data I must
obtain?

    (a) Except for monitoring malfunctions, associated repairs, and 
required quality assurance or quality control activities (including, as 
applicable, calibration checks and required zero and span adjustments of 
the monitoring system), you must conduct all monitoring at all times the 
CISWI unit is operating.
    (b) Do not use data recorded during monitor malfunctions, associated 
repairs, and required quality assurance or quality control activities 
for meeting the requirements of this subpart, including data averages 
and calculations. You must use all the data collected during all other 
periods in assessing compliance with the operating limits.

[[Page 523]]

                       Recordkeeping and Reporting



Sec.  62.14700  What records must I keep?

    You must maintain the 13 items (as applicable) as specified in 
paragraphs (a) through (m) of this section for a period of at least 5 
years:
    (a) Calendar date of each record.
    (b) Records of the data described in paragraphs (b)(1) through (6) 
of this section:
    (1) The CISWI unit charge dates, times, weights, and hourly charge 
rates.
    (2) Liquor flow rate to the wet scrubber inlet every 15 minutes of 
operation, as applicable.
    (3) Pressure drop across the wet scrubber system every 15 minutes of 
operation or amperage to the wet scrubber every 15 minutes of operation, 
as applicable.
    (4) Liquor pH as introduced to the wet scrubber every 15 minutes of 
operation, as applicable.
    (5) For affected CISWI units that establish operating limits for 
controls other than wet scrubbers under Sec.  62.14640, you must 
maintain data collected for all operating parameters used to determine 
compliance with the operating limits.
    (6) If a fabric filter is used to comply with the emission 
limitations, you must record the date, time, and duration of each alarm 
and the time corrective action was initiated and completed, and a brief 
description of the cause of the alarm and the corrective action taken. 
You must also record the percent of operating time during each 6-month 
period that the alarm sounds, calculated as specified in Sec.  
62.14635(c).
    (c) Identification of calendar dates and times for which monitoring 
systems used to monitor operating limits were inoperative, inactive, 
malfunctioning, or out of control (except for downtime associated with 
zero and span and other routine calibration checks). Identify the 
operating parameters not measured, the duration, reasons for not 
obtaining the data, and a description of corrective actions taken.
    (d) Identification of calendar dates, times, and durations of 
malfunctions, and a description of the malfunction and the corrective 
action taken.
    (e) Identification of calendar dates and times for which data show a 
deviation from the operating limits in table 2 of this subpart or a 
deviation from other operating limits established under Sec.  62.14640 
with a description of the deviations, reasons for such deviations, and a 
description of corrective actions taken.
    (f) The results of the initial, annual, and any subsequent 
performance tests conducted to determine compliance with the emission 
limits and/or to establish operating limits, as applicable. Retain a 
copy of the complete test report including calculations.
    (g) Records showing the names of CISWI unit operators who have 
completed review of the information in Sec.  62.14620(a) as required by 
Sec.  62.14620(b), including the date of the initial review and all 
subsequent annual reviews.
    (h) Records showing the names of the CISWI operators who have 
completed the operator training requirements under Sec.  62.14595, met 
the criteria for qualification under Sec.  62.14605, and maintained or 
renewed their qualification under Sec.  62.14610 or Sec.  62.14615. 
Records must include documentation of training, the dates of the initial 
and refresher training, and the dates of their qualification and all 
subsequent renewals of such qualifications.
    (i) For each qualified operator, the phone and/or pager number at 
which they can be reached during operating hours.
    (j) Records of calibration of any monitoring devices as required 
under Sec.  62.14690.
    (k) Equipment vendor specifications and related operation and 
maintenance requirements for the incinerator, emission controls, and 
monitoring equipment.
    (l) The information listed in Sec.  62.14620(a).
    (m) On a daily basis, keep a log of the quantity of waste burned and 
the types of waste burned (always required).



Sec.  62.14705  Where and in what format must I keep my records?

    All records must be available onsite in either paper copy or 
computer-readable format that can be printed upon request, unless an 
alternative format is approved by the Administrator.

[[Page 524]]



Sec.  62.14710  What reports must I submit?

    See table 4 of this subpart for a summary of the reporting 
requirements.



Sec.  62.14715  When must I submit my waste management plan?

    You must submit the waste management plan no later than April 5, 
2004.



Sec.  62.14720  What information must I submit following my initial
performance test?

    You must submit the information specified in paragraphs (a) through 
(c) of this section no later than 60 days following the initial 
performance test. All reports must be signed by the facilities manager.
    (a) The complete test report for the initial performance test 
results obtained under Sec.  62.14660, as applicable.
    (b) The values for the site-specific operating limits established in 
Sec.  62.14635 or Sec.  62.14640.
    (c) If you are using a fabric filter to comply with the emission 
limitations, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec.  62.14690(b).



Sec.  62.14725  When must I submit my annual report?

    You must submit an annual report no later than 12 months following 
the submission of the information in Sec.  62.14720. You must submit 
subsequent reports no more than 12 months following the previous report. 
As with all other requirements in this subpart, the requirement to 
submit an annual report does not modify or replace the operating permit 
requirements of 40 CFR parts 70 and 71.



Sec.  62.14730  What information must I include in my annual report?

    The annual report required under Sec.  62.14725 must include the ten 
items listed in paragraphs (a) through (j) of this section. If you have 
a deviation from the operating limits or the emission limitations, you 
must also submit deviation reports as specified in Sec. Sec.  62.14735, 
62.14740, and 62.14745.
    (a) Company name and address.
    (b) Statement by a responsible official, with that official's name, 
title, and signature, certifying the accuracy of the content of the 
report.
    (c) Date of report and beginning and ending dates of the reporting 
period.
    (d) The values for the operating limits established pursuant to 
Sec.  62.14635 or Sec.  62.14640.
    (e) If no deviation from any emission limitation or operating limit 
that applies to you has been reported, a statement that there was no 
deviation from the emission limitations or operating limits during the 
reporting period, and that no monitoring system used to determine 
compliance with the operating limits was inoperative, inactive, 
malfunctioning or out of control.
    (f) The highest recorded 3-hour average and the lowest recorded 3-
hour average, as applicable, for each operating parameter recorded for 
the calendar year being reported.
    (g) Information recorded under Sec.  62.14700(b)(6) and (c) through 
(e) for the calendar year being reported.
    (h) If a performance test was conducted during the reporting period, 
the results of that test.
    (i) If you met the requirements of Sec.  62.14680(a) or (b), and did 
not conduct a performance test during the reporting period, you must 
state that you met the requirements of Sec.  62.14680(a) or (b), and, 
therefore, you were not required to conduct a performance test during 
the reporting period.
    (j) Documentation of periods when all qualified CISWI unit operators 
were unavailable for more than 8 hours, but less than 2 weeks.



Sec.  62.14735  What else must I report if I have a deviation from the
operating limits or the emission limitations?

    (a) You must submit a deviation report if any recorded 3-hour 
average parameter level is above the maximum operating limit or below 
the minimum operating limit established under this subpart, if the bag 
leak detection system alarm sounds for more than 5 percent of the 
operating time for any 6-month reporting period, or if a performance 
test was conducted that yielded results that deviated from any emission 
limitation.
    (b) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of

[[Page 525]]

the calendar year (January 1 to June 30), and by February 1 of the 
following year for data you collected during the second half of the 
calendar year (July 1 to December 31).



Sec.  62.14740  What must I include in the deviation report?

    In each report required under Sec.  62.14735, for any pollutant or 
parameter that deviated from the emission limitations or operating 
limits specified in this subpart, include the six items described in 
paragraphs (a) through (f) of this section.
    (a) The calendar dates and times your unit deviated from the 
emission limitations or operating limit requirements.
    (b) The averaged and recorded data for those dates.
    (c) Duration and causes of each deviation from the emission 
limitations or operating limits and your corrective actions.
    (d) A copy of the operating limit monitoring data during each 
deviation and any test report that documents the emission levels.
    (e) The dates, times, number, duration, and causes for monitoring 
downtime incidents (other than downtime associated with zero, span, and 
other routine calibration checks).
    (f) Whether each deviation occurred during a period of startup, 
shutdown, or malfunction, or during another period.



Sec.  62.14745  What else must I report if I have a deviation from the
requirement to have a qualified operator accessible?

    (a) If all qualified operators are not accessible for two weeks or 
more, you must take the two actions in paragraphs (a)(1) and (2) of this 
section.
    (1) Within 10 days of each deviation, you must submit a notification 
that includes the three items in paragraphs (a)(1)(i) through (iii) of 
this section.
    (i) A statement of what caused the deviation.
    (ii) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (iii) The date when you anticipate that a qualified operator will be 
available.
    (2) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (a)(2)(i) through (iii) of this 
section.
    (i) A description of what you are doing to ensure that a qualified 
operator is accessible.
    (ii) The date when you anticipate that a qualified operator will be 
accessible.
    (iii) Request approval from the Administrator to continue operation 
of the CISWI unit.
    (b) If your unit was shut down by the Administrator, under the 
provisions of Sec.  62.14625(b)(2), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator that 
you are resuming operation once a qualified operator is accessible.



Sec.  62.14750  Are there any other notifications or reports that I must
submit?

    You must submit notifications as provided by 40 CFR 60.7.



Sec.  62.14755  In what form can I submit my reports?

    Submit initial, annual, and deviation reports electronically or in 
paper format, postmarked on or before the submittal due dates.



Sec.  62.14760  Can reporting dates be changed?

    If the Administrator agrees, you may change the semiannual or annual 
reporting dates. See 40 CFR 60.19(c) for procedures to seek approval to 
change your reporting date.

Air Curtain Incinerators That Burn 100 Percent Wood Wastes, Clean Lumber 
                            and/or Yard Waste



Sec.  62.14765  What is an air curtain incinerator?

    An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor. (Air curtain 
incinerators are different from conventional combustion devices which 
typically have enclosed fireboxes and controlled air technology such as 
mass

[[Page 526]]

burn, modular, and fluidized bed combustors.)



Sec.  62.14770  When must I achieve final compliance?

    If you plan to continue operating, then you must achieve final 
compliance by October October 4, 2004. It is unlawful for your air 
curtain incinerator to operate after October 4, 2004 if you have not 
achieved final compliance. An air curtain incinerator that continues to 
operate after October 4, 2004 without being in compliance is subject to 
penalties.



Sec.  62.14795  How do I achieve final compliance?

    For the final compliance, you must complete all equipment changes 
and retrofit installation control devices so that, when the affected air 
curtain incinerator is placed into service, all necessary equipment and 
air pollution control devices operate as designed and meet the opacity 
limits of Sec.  62.14815.



Sec.  62.14805  What must I do if I close my air curtain incinerator and
then restart it?

    (a) If you close your incinerator but will reopen it prior to the 
final compliance date in this subpart, you must achieve final compliance 
by October 4, 2004.
    (b) If you close your incinerator but will restart it after October 
4, 2004, you must have completed any needed emission control retrofits 
and meet the opacity limits of Sec.  62.14815 on the date your 
incinerator restarts operation.
    (c) You are subject to the operating permit requirements of title V 
of the CAA and 40 CFR part 70 or 71 until you close your air curtain 
incinerator and at the time you restart it.



Sec.  62.14810  What must I do if I plan to permanently close my air curtain
incinerator and not restart it?

    If you plan to permanently close your incinerator rather than comply 
with this subpart, you must submit a closure notification, including the 
date of closure, to the Administrator by March 31, 2004. In addition, 
while still in operation, your air curtain incinerator is subject to the 
same requirement to apply for and obtain a title V operating permit that 
applies to an air curtain incinerator that will not be permanently 
closing.



Sec.  62.14815  What are the emission limitations for air curtain incinerators 
that burn 100 percent wood wastes, clean lumber and/or yard waste?

    (a) After the date the initial test for opacity is required or 
completed (whichever is earlier), you must meet the limitations in 
paragraphs (a)(1) and (2) of this section.
    (1) The opacity limitation is 10 percent (6-minute average), except 
as described in paragraph (a)(2) of this section.
    (2) The opacity limitation is 35 percent (6-minute average) during 
the startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times, and each malfunction must not exceed 3 hours.



Sec.  62.14820  How must I monitor opacity for air curtain incinerators that
burn 100 percent wood wastes, clean lumber, and/or yard waste?

    (a) Use Method 9 of 40 CFR part 60, appendix A to determine 
compliance with the opacity limitation.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
no later than January 2, 2005.
    (c) After the initial test for opacity, conduct annual tests no more 
than 12 calendar months following the date of your previous test.



Sec.  62.14825  What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent wood wastes, clean lumber,
and/or yard waste?

    (a) Keep records of results of all initial and annual opacity tests 
onsite in either paper copy or electronic format, unless the 
Administrator approves another format, for at least 5 years.
    (b) Make all records available for submittal to the Administrator or 
for an inspector's onsite review.
    (c) Submit an initial report no later than 60 days following the 
initial opacity test that includes the information specified in 
paragraphs (c)(1) and (2) of this section.

[[Page 527]]

    (1) The types of materials you plan to combust in your air curtain 
incinerator.
    (2) The results (each 6-minute average) of the initial opacity 
tests.
    (d) Submit annual opacity test results within 12 months following 
the previous report.
    (e) Submit initial and annual opacity test reports as electronic or 
paper copy on or before the applicable submittal date and keep a copy 
onsite for a period of five years.

                          Title V Requirements



Sec.  62.14830  Does this subpart require me to obtain an operating permit
under title V of the Clean Air Act?

    If you are subject to this subpart, you are required to apply for 
and obtain a title V operating permit unless you meet the relevant 
requirements specified in 40 CFR 62.14525(a) through (h) and (j) through 
(o) and all of the requirements specified in 40 CFR 62.14531.



Sec.  62.14835  When must I submit a title V permit application for my
existing CISWI unit?

    (a) If your existing CISWI unit is not subject to an earlier permit 
application deadline, a complete title V permit application must be 
submitted not later than the date 36 months after promulgation of 40 CFR 
Part 60, subpart DDDD (December 1, 2003), or by the effective date of 
the applicable State, Tribal, or Federal operating permits program, 
whichever is later. For any existing CISWI unit not subject to an 
earlier application deadline, this final application deadline applies 
regardless of when this Federal plan is effective, or when the relevant 
State or Tribal section 111(d)/129 plan is approved by the EPA and 
becomes effective. See sections 129(e), 503(c), 503(d), and 502(a) of 
the Clean Air Act.
    (b) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority under 
section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 71.5(a)(2). 
You must submit a complete permit application by the relevant 
application deadline in order to operate after this date in compliance 
with Federal law. See sections 503(d) and 502(a) of the Clean Air Act; 
40 CFR 70.7(b) and 71.7(b).

                         Delegation of Authority



Sec.  62.14838  What authorities are withheld by the EPA Administrator?

    The following authorities are withheld by the EPA Administrator and 
not transferred to the State or Tribe:
    (a) Approval of alternatives to the emission limitations in table 1 
of this subpart and operating limits established under Sec.  62.14635 
and table 2 of this subpart.
    (b) Approval of petitions submitted pursuant to the requirements of 
Sec.  62.14640 establishing operating parameters when using controls 
other than a dry scrubber followed by a fabric filter, a wet scrubber, 
or a dry scrubber followed by a fabric filter and a wet scrubber.
    (c) Approval of major alternatives to test methods established under 
Sec.  62.14650 and table 1 of this subpart.
    (d) Approval of major alternatives to monitoring requirements 
established under Sec.  62.14690, Sec.  62.14605 and table 2 of this 
subpart.
    (e) Approval of major alternatives to recordkeeping and reporting 
requirements of this subpart.
    (f) Approval of petitions submitted pursuant to the requirements of 
Sec.  62.14530 establishing requirements for petitions and approvals of 
exemptions for chemical recovery units included in Sec.  62.14525(n).
    (g) Approval of requests submitted pursuant to the requirements in 
Sec.  62.14625(b)(2).

                               Definitions



Sec.  62.14840  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act, subparts A and B of part 60 and subpart A of this part 62.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or Administrator 
of a State Air Pollution Control Agency.
    Agricultural waste means vegetative agricultural materials such as 
nut and grain hulls and chaff (e.g., almond, walnut, peanut, rice, and 
wheat), bagasse,

[[Page 528]]

orchard prunings, corn stalks, coffee bean hulls and grounds, and other 
vegetative waste materials generated as a result of agricultural 
operations.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor. 
(Air curtain incinerators are different from conventional combustion 
devices which typically have enclosed fireboxes and controlled air 
technology such as mass burn, modular, and fluidized bed combustors.)
    Auxiliary fuel means natural gas, liquified petroleum gas, fuel oil, 
or diesel fuel.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag leak detection 
system includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, light transmittance, or other principle 
to monitor relative particulate matter loadings.
    Calendar quarter means 3 consecutive months (non-overlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Chemotherapeutic waste means waste material resulting from the 
production or use of antineoplastic agents used for the purpose of 
stopping or reversing the growth of malignant cells.
    Clean lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. Clean 
lumber does not include wood products that have been painted, pigment-
stained, or pressure-treated by compounds such as chromate copper 
arsenate, pentachlorophenol, and creosote.
    Commercial and industrial solid waste incineration (CISWI) unit 
means any combustion device that combusts commercial and industrial 
waste, as defined in this subpart. The boundaries of a CISWI unit are 
defined as, but not limited to, the commercial or industrial solid waste 
fuel feed system, grate system, flue gas system, and bottom ash. The 
CISWI unit does not include air pollution control equipment or the 
stack. The CISWI unit boundary starts at the commercial and industrial 
solid waste hopper (if applicable) and extends through two areas:
    (1) The combustion unit flue gas system, which ends immediately 
after the last combustion chamber.
    (2) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    Commercial and industrial waste, for the purposes of this subpart, 
means solid waste combusted in an enclosed device using controlled flame 
combustion without energy recovery that is a distinct operating unit of 
any commercial or industrial facility (including field-erected, modular, 
and custom built incineration units operating with starved or excess 
air), or solid waste combusted in an air curtain incinerator without 
energy recovery that is a distinct operating unit of any commercial or 
industrial facility.
    Contained gaseous material means gases that are in a container when 
that container is combusted.
    Cyclonic barrel burner means a combustion device for waste materials 
that is attached to a 55 gallon, open-head drum. The device consists of 
a lid, which fits onto and encloses the drum, and a blower that forces 
combustion air into the drum in a cyclonic manner to enhance the mixing 
of waste material and air.
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limitation, operating 
limit, or operator qualification and accessibility requirements;
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating

[[Page 529]]

permit for any affected source required to obtain such a permit; or
    (3) Fails to meet any emission limitation, operating limit, or 
operator qualification and accessibility requirement in this subpart 
during startup, shutdown, or malfunction, regardless or whether or not 
such failure is permitted by this subpart.
    Dioxins/furans means tetra-through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.
    Discard means, for purposes of this subpart and 40 CFR part 60, 
subpart DDDD, only, burned in an incineration unit without energy 
recovery.
    Drum reclamation unit means a unit that burns residues out of drums 
(e.g., 55 gallon drums) so that the drums can be reused.
    Energy recovery means the process of recovering thermal energy from 
combustion for useful purposes such as steam generation or process 
heating.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Low-level radioactive waste means waste material which contains 
radioactive nuclides emitting primarily beta or gamma radiation, or 
both, in concentrations or quantities that exceed applicable Federal or 
State standards for unrestricted release. Low-level radioactive waste is 
not high-level radioactive waste, spent nuclear fuel, or by-product 
material as defined by the Atomic Energy Act of 1954 (42 U.S.C. 
2014(e)(2)).
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control equipment, process 
equipment, or a process to operate in a normal or usual manner. Failures 
that are caused, in part, by poor maintenance or careless operation are 
not malfunctions.
    Modification or modified CISWI unit means a CISWI unit you have 
changed later than promulgation of the final CISWI emission guidelines 
in 40 CFR part 60, subpart DDDD and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
CISWI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the CISWI unit used to calculate these costs, see the definition of 
CISWI unit.
    (2) Any physical change in the CISWI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Particulate matter means total particulate matter emitted from CISWI 
units as measured by Method 5 or Method 29 of 40 CFR part 60, appendix 
A.
    Parts reclamation unit means a unit that burns coatings off parts 
(e.g., tools, equipment) so that the parts can be reconditioned and 
reused.
    Pathological waste means waste material consisting of only human or 
animal remains, anatomical parts, and/or tissue, the bags/containers 
used to collect and transport the waste material, and animal bedding (if 
applicable).
    Rack reclamation unit means a unit that burns the coatings off racks 
used to hold small items for application of a coating. The unit burns 
the coating overspray off the rack so the rack can be reused.
    Reconstruction means rebuilding a CISWI unit and meeting two 
criteria:
    (1) The reconstruction begins on or after promulgation of the final 
CISWI emission guidelines in 40 CFR part 60, subpart DDDD.
    (2) The cumulative cost of the construction over the life of the 
incineration unit exceeds 50 percent of the original cost of building 
and installing the CISWI unit (not including land) updated to current 
costs (current dollars). To determine what systems are within the 
boundary of the CISWI unit used to calculate these costs, see the 
definition of CISWI unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.

[[Page 530]]

    Shutdown means the period of time after all waste has been combusted 
in the primary chamber.
    Solid waste means any garbage, refuse, sludge from a waste treatment 
plant, water supply treatment plant, or air pollution control facility 
and other discarded material, including solid, liquid, semisolid, or 
contained gaseous material resulting from industrial, commercial, 
mining, agricultural operations, and from community activities, but does 
not include solid or dissolved material in domestic sewage, or solid or 
dissolved materials in irrigation return flows or industrial discharges 
which are point sources subject to permits under section 402 of the 
Federal Water Pollution Control Act, as amended (86 Stat. 880), or 
source, special nuclear, or byproduct material as defined by the Atomic 
Energy Act of 1954, as amended (68 Stat. 923). For purposes of this 
subpart and 40 CFR part 60, subpart DDDD, only, solid waste does not 
include the waste burned in the fifteen types of units described in 40 
CFR 60.2555 of subpart DDDD and Sec.  62.14525 of this subpart.
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup period means the period of time between the Activation of 
the system and the first charge to the unit.
    Tribal plan means a plan submitted by a Tribal Authority pursuant to 
40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 CFR 
part 60, subpart DDDD.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquor to collect particulate 
matter (including non-vaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    Wood waste means untreated wood and untreated wood products, 
including tree stumps (whole or chipped), trees, tree limbs (whole or 
chipped), bark, sawdust, chips, scraps, slabs, millings, and shavings. 
Wood waste does not include:
    (1) Grass, grass clippings, bushes, shrubs, and clippings from 
bushes and shrubs from residential, commercial/retail, institutional, or 
industrial sources as part of maintaining yards or other private or 
public lands.
    (2) Construction, renovation, or demolition wastes.
    (3) Clean lumber.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs from residential, commercial/retail, 
institutional, or industrial sources as part of maintaining yards or 
other private or public lands.



      Sec. Table 1 to Subpart III of Part 62--Emission Limitations

----------------------------------------------------------------------------------------------------------------
                                                                                             And determining
        For the air pollutant             You must meet this      Using this averaging    compliance using this
                                       emission limitation \a\            time                    method
----------------------------------------------------------------------------------------------------------------
Cadmium..............................  0.004 milligrams per     3-run average (1 hour    Performance test
                                        dry standard cubic       minimum sample time      (Method 29 of appendix
                                        meter.                   per run).                A of part 60).
Carbon monoxide......................  157 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Method 10, 10A, or
                                                                 per run).                10B, of appendix A of
                                                                                          part 60).
Dioxins/furans (toxic equivalency      0.41 nanograms per dry   3-run average (4 hour    Performance test
 basis).                                standard cubic meter.    minimum sample time      (Method 23 of appendix
                                                                 per run).                A of part 60).
Hydrogen chloride....................  62 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 26A of
                                                                 per run).                appendix A of part
                                                                                          60).
Lead.................................  0.04 milligrams per dry  3-run (1 hour minimum    Performance test
                                        standard cubic meter.    sample time per run).    (Method 29 of appendix
                                                                                          A of part 60).
Mercury..............................  0.47 milligrams per dry  3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 29 of appendix
                                                                 per run).                A of part 60).
Opacity..............................  10 percent.............  6-minute averages......  Performance test
                                                                                          (Method 9 of appendix
                                                                                          A of part 60).
Oxides of nitrogen...................  388 parts per million    3-run average (1 hour    Performance test
                                        by dry volume.           minimum sample time      (Methods 7, 7A, 7C,
                                                                 per run).                7D, or 7E of appendix
                                                                                          A of part 60).
Particulate matter...................  70 milligrams per dry    3-run average (1 hour    Performance test
                                        standard cubic meter.    minimum sample time      (Method 5 or 29 of
                                                                 per run).                appendix A of part
                                                                                          60).

[[Page 531]]

 
Sulfur dioxide.......................  20 parts per million by  3-run average (1 hour    Performance test
                                        dry volume.              minimum sample time      (Method 6 or 6c of
                                                                 per run).                appendix A of part
                                                                                          60).
----------------------------------------------------------------------------------------------------------------
\a\ All emission limitations (except for opacity) are measured at 7 percent oxygen, dry basis at standard
  conditions.



    Sec. Table 2 to Subpart III of Part 62--Operating Limits for Wet 
                                Scrubbers

----------------------------------------------------------------------------------------------------------------
                                  You must establish          And monitor using these minimum frequencies
 For these operating parameters     these operating  -----------------------------------------------------------
                                        limits         Data measurement     Data recording      Averaging time
----------------------------------------------------------------------------------------------------------------
Charge rate.....................  Maximum charge      Continuous........  Every hour........  1. Daily (batch
                                   rate.                                                       units)
                                                                                              2. 3-hour rolling
                                                                                               (continuous and
                                                                                               intermittent
                                                                                               units) \a\
Pressure drop across the wet      Minimum pressure    Continuous........  Every 15 minutes..  3-hour rolling \a\
 scrubber or amperage to wet       drop or amperage.
 scrubber.
Scrubber liquor flow rate.......  Minimum flow rate.  Continuous........  Every 15 minutes..  3-hour rolling \a\
Scrubber liquor pH..............  Minimum pH........  Continuous........  Every 15 minutes..  3-hour rolling \a\
----------------------------------------------------------------------------------------------------------------
\a\ Calculated each hour as the average of the previous 3 operating hours.



    Sec. Table 3 to Subpart III of Part 62--Toxic Equivalency Factors

------------------------------------------------------------------------
                                                               Toxic
                  Dioxin/furan congener                     equivalency
                                                              factor
------------------------------------------------------------------------
A. 2,3,7,8-tetrachlorinated dibenzo-p-dioxin............               1
B. 12,3,7,8-pentachlorinated dibenzo-p-dioxin...........             0.5
C. 1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin.........             0.1
D. 1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin.........             0.1
E. 12,3,6,7,8-hexachlorinated dibenzo-p-dioxin..........             0.1
F. 1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin......            0.01
G. 0ctachlorinated dibenzo-p-dioxin.....................           0.001
H. 2,3,7,8-tetrachlorinated dibenzofuran................             0.1
I. 2,3,4,7,8-pentachlorinated dibenzofuran..............             0.5
J. 1,2,3,7,8-pentachlorinated dibenzofuran..............            0.05
K. 1,2,3,4,7,8-hexachlorinated dibenzofuran.............             0.1
L. 1,2,3,6,7,8-hexachlorinated dibenzofuran.............             0.1
M. 1,2,3,7,8,9-hexachlorinated dibenzofuran.............             0.1
N. 2,3,4,6,7,8-hexachlorinated dibenzofuran.............             0.1
O. 1,2,3,4,6,7,8-heptachlorinated dibenzofuran..........            0.01
P. 1,2,3,4,7,8,9-heptachlorinated dibenzofuran..........            0.01
Q. 0ctachlorinated dibenzofuran.........................           0.001
------------------------------------------------------------------------



      Sec. Table 4 to Subpart III of Part 62--Summary of Reporting 
                            Requirements \a\

----------------------------------------------------------------------------------------------------------------
                Report                         Due date                 Contents                Reference
----------------------------------------------------------------------------------------------------------------
A. Waste Management Plan.............  No later than April 5,   Waste management plan..  Sec.   62.14715.
                                        2004.
B. Initial Test Report...............  No later than 60 days    1. Complete test report  Sec.   62.14720.
                                        following the initial    for the initial
                                        performance test.        performance test.
                                                                2. The values for the
                                                                 site-specific
                                                                 operating limits..
                                                                3. Installation of bag
                                                                 leak detection systems
                                                                 for fabric filters..

[[Page 532]]

 
C. Annual report.....................  No later than 12 months  1. Name and address....  Sec.  Sec.   62.14725
                                        following the           2. Statement and          and 62.14730.
                                        submission of the        signature by             Subsequent reports are
                                        initial test report.     responsible official..   to be submitted no
                                        Subsequent reports are  3. Date of report......   more than 12 months
                                        to be submitted no      4. Values for the         following the previous
                                        more than 12 months      operating limits..       report.
                                        following the previous  5. If no deviations or
                                        report.                  malfunctions were
                                                                 reported, a statement
                                                                 that no deviations
                                                                 occurred during the
                                                                 reporting period..
                                                                6. Highest recorded 3-
                                                                 hour average and the
                                                                 lowest 3-hour average,
                                                                 as applicable, for
                                                                 each operating
                                                                 parameter recorded for
                                                                 the calendar year
                                                                 being reported.
                                                                7. Information for
                                                                 deviations or
                                                                 malfunctions recorded
                                                                 under Sec.
                                                                 62.14700(b)(6) and (c)
                                                                 through (e).
                                                                8. If a performance
                                                                 test was conducted
                                                                 during the reporting
                                                                 period, the results of
                                                                 the test..
                                                                9. If a performance
                                                                 test was not conducted
                                                                 during the reporting
                                                                 period, a statement
                                                                 that the requirements
                                                                 of Sec.   62.14680(a)
                                                                 or (b) were met..
                                                                10. Documentation of
                                                                 periods when all
                                                                 qualified CISWI unit
                                                                 operators were
                                                                 unavailable for more
                                                                 than 8 hours but less
                                                                 than 2 weeks..
D. Emission Limitation or Operating    By August 1 of that      1. Dates and times of    Sec.  Sec.   62.14735
 Limit Deviation Report.                year for data            deviations.              and 62.14740.
                                        collected during the    2. Averaged and
                                        first half of the        recorded data for
                                        calendar year.           these dates..
                                       By February 1 of the     3. Duration and causes
                                        following year for       for each deviation and
                                        data collected during    the corrective actions
                                        the second half of the   taken..
                                        calendar year..         4. Copy of operating
                                                                 limit monitoring data
                                                                 and any test reports..
                                                                5. Dates, times, and
                                                                 causes for monitor
                                                                 downtime incidents..
                                                                6. Whether each
                                                                 deviation occurred
                                                                 during a period of
                                                                 startup, shutdown, or
                                                                 malfunction..

[[Page 533]]

 
E. Qualified Operator Deviation        Within 10 days of        1. Statement of cause    Sec.   62.14745(a)(1).
 Notification.                          deviation.               of deviation..
                                                                2. Description of
                                                                 efforts to have an
                                                                 accessible qualified
                                                                 operator..
                                                                3. The date a qualified
                                                                 operator will be
                                                                 accessible..
F. Qualified Operator Deviation        Every 4 weeks following  1. Description of        Sec.   62.14745(a)(2).
 Status Report.                         deviation..              efforts to have an
                                                                 accessible qualified
                                                                 operator.
                                                                2. The date a qualified
                                                                 operator will be
                                                                 accessible..
                                                                3. Request for approval
                                                                 to continue operation..
G. Qualified Operator Deviation        Prior to resuming        Notification that you    Sec.   62.14745(b).
 Notification of Resumed Operation.     operation.               are resuming operation.
----------------------------------------------------------------------------------------------------------------
\a\ This table is only a summary, see the referenced sections of the rule for the complete requirements.



    Subpart JJJ_Federal Plan Requirements for Small Municipal Waste 
        Combustion Units Constructed on or Before August 30, 1999

    Source: 68 FR 5158, Jan. 31, 2003, unless otherwise noted.

                              Introduction



Sec.  62.15000  What is the purpose of this subpart?

    (a) This subpart establishes emission requirements and compliance 
schedules for the control of emissions from existing small municipal 
waste combustion units that are not covered by an EPA approved and 
effective State plan. The pollutants addressed by these emission 
requirements are listed in tables 2, 3, 4, and 5 of this subpart. These 
emission requirements are developed in accordance with sections 111(d) 
and 129 of the Clean Air Act and subpart B of 40 CFR part 60.
    (b) In this subpart, ``you'' means the owner or operator of a small 
municipal waste combustion unit.



Sec.  62.15005  What are the principal components of this subpart?

    This subpart contains five major components:
    (a) Increments of progress toward compliance.
    (b) Good combustion practices:
    (1) Operator training.
    (2) Operator certification.
    (3) Operating requirements.
    (c) Emission limits.
    (d) Monitoring and stack testing.
    (e) Recordkeeping and reporting.

                      Applicability of this Subpart



Sec.  62.15010  Is my municipal waste combustion unit covered by this
subpart?

    (a) This subpart applies to your small municipal waste combustion 
unit if the unit meets the criteria in paragraphs (a)(1) and (a)(2) and 
the criteria in either paragraph (a)(3) or (a)(4) of this section:
    (1) Your municipal waste combustion unit has the capacity to combust 
at least 35 tons per day of municipal solid waste or refuse-derived fuel 
but no more than 250 tons per day of municipal solid waste or refuse-
derived fuel.
    (2) Your municipal waste combustion unit commenced construction on 
or before August 30, 1999.
    (3) Your municipal waste combustion unit is not regulated by an EPA 
approved and effective State or Tribal plan.
    (4) Your municipal waste combustion unit is located in any State 
whose approved State plan is subsequently vacated in whole or in part, 
or the municipal waste combustion unit is located

[[Page 534]]

in Indian country if the approved tribal plan for that area is 
subsequently vacated in whole or in part.
    (b) If you make a change to your municipal waste combustion unit 
that meets the definition of modification or reconstruction after June 
6, 2001, your municipal waste combustion unit becomes subject to subpart 
AAAA of 40 CFR part 60 (New Source Performance Standards for Small 
Municipal Waste Combustion Units) and this subpart no longer applies to 
your unit.
    (c) If you make physical or operational changes to your existing 
municipal waste combustion unit primarily to comply with this subpart, 
then subpart AAAA of 40 CFR part 60 (New Source Performance Standards 
for Small Municipal Waste Combustion Units) does not apply to your unit. 
Such changes do not constitute modifications or reconstructions under 
subpart AAAA of 40 CFR part 60.
    (d) Upon approval of the State or tribal plan, this subpart will no 
longer apply, except for the provisions of this subpart that may have 
been incorporated by reference under the State or Tribal plan, or 
delegated to the State by the Administrator.



Sec.  62.15015  Can my small municipal waste combustion unit be covered by
both a State plan and this subpart?

    (a) If your municipal waste combustion unit is located in a State 
that has a State plan that has not been approved by the EPA or has not 
become effective, then this subpart applies and the State plan would not 
apply to your municipal waste combustion unit. However, the State could 
enforce the requirements of a State regulation while your municipal 
waste combustion unit is still subject to this subpart.
    (b) After the State plan is approved by the EPA and becomes 
effective, your municipal waste combustion unit is no longer subject to 
this subpart and will only be subject to the approved and effective 
State plan.



Sec.  62.15020  Can my small municipal waste combustion unit be exempt 
from this subpart?

    (a) Small municipal waste combustion units that combust less than 11 
tons per day. Your unit is exempt from this subpart if four requirements 
are met:
    (1) Your municipal waste combustion unit is subject to a federally 
enforceable permit limiting municipal solid waste combustion to less 
than 11 tons per day.
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You submit to the Administrator a copy of the federally 
enforceable permit.
    (4) You keep daily records of the amount of municipal solid waste 
combusted.
    (b) Small power production units. Your unit is exempt from this 
subpart if four requirements are met:
    (1) Your unit qualifies as a small power production facility under 
section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity.
    (3) You notify the Administrator that the unit qualifies for this 
exemption.
    (4) You submit to the Administrator documentation that the unit 
qualifies for this exemption.
    (c) Cogeneration units. Your unit is exempt from this subpart if 
four requirements are met:
    (1) Your unit qualifies as a cogeneration facility under section 
3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
    (2) Your unit combusts homogeneous waste (excluding refuse-derived 
fuel) to produce electricity and steam or other forms of energy used for 
industrial, commercial, heating, or cooling purposes.
    (3) You notify the Administrator that the unit qualifies for this 
exemption.
    (4) You submit to the Administrator documentation that the unit 
qualifies for this exemption.
    (d) Municipal waste combustion units that combust only tires. Your 
unit is exempt from this subpart if three requirements are met:
    (1) Your municipal waste combustion unit combusts a single-item 
waste stream of tires and no other municipal waste (the unit can cofire 
coal, fuel oil, natural gas, or other nonmunicipal solid waste).

[[Page 535]]

    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You provide the Administrator documentation that the unit 
qualifies for this exemption.
    (e) Hazardous waste combustion units. Your unit is exempt from this 
subpart if the unit has received a permit under section 3005 of the 
Solid Waste Disposal Act.
    (f) Materials recovery units. Your unit is exempt from this subpart 
if the unit combusts waste mainly to recover metals. Primary and 
secondary smelters may qualify for this exemption.
    (g) Cofired units. Your unit is exempt from this subpart if four 
requirements are met:
    (1) Your unit has a federally enforceable permit limiting municipal 
solid waste combustion to 30 percent of the total fuel input by weight.
    (2) You notify the Administrator that the unit qualifies for this 
exemption.
    (3) You provide the Administrator with a copy of the federally 
enforceable permit.
    (4) You record the weights, each quarter, of municipal solid waste 
and of all other fuels combusted.
    (h) Plastics/rubber recycling units. Your unit is exempt from this 
subpart if four requirements are met:
    (1) Your pyrolysis/combustion unit is an integrated part of a 
plastics/rubber recycling unit as defined under ``Definitions'' (Sec.  
62.15410).
    (2) You record the weight, each quarter, of plastics, rubber, and 
rubber tires processed.
    (3) You record the weight, each quarter, of feed stocks produced and 
marketed from chemical plants and petroleum refineries.
    (4) You keep the name and address of the purchaser of the feed 
stocks.
    (i) Units that combust fuels made from products of plastics/rubber 
recycling plants. Your unit is exempt from this subpart if two 
requirements are met:
    (1) Your unit combusts gasoline, diesel fuel, jet fuel, fuel oils, 
residual oil, refinery gas, petroleum coke, liquified petroleum gas, 
propane, or butane produced by chemical plants or petroleum refineries 
that use feed stocks produced by plastics/rubber recycling units.
    (2) Your unit does not combust any other municipal solid waste.
    (j) Cement kilns. Your unit is exempt from this subpart if your 
cement kiln combusts municipal solid waste.
    (k) Air curtain incinerators. If your air curtain incinerator (see 
Sec.  62.15410 for definition) combusts 100 percent yard waste, then you 
must meet only the requirements under ``Air Curtain Incinerators That 
Burn 100 Percent Yard Waste'' (Sec. Sec.  62.15365 through 62.15385) and 
the title V operating permit requirements of this subpart. However, if 
your air curtain incinerator combusts municipal solid waste other than 
yard waste, it is subject to all provisions of this subpart.



Sec.  62.15025  How do I determine if my small municipal waste combustion 
unit is covered by an approved and effective State or Tribal Plan?

    This part (40 CFR part 62) contains a list of all States and tribal 
areas with approved Clean Air Act section 111(d) and section 129 plans 
in effect. However, this part is only updated once per year. Thus, if 
this part does not indicate that your State or tribal area has an 
approved and effective plan, you should contact your State environmental 
agency's air director or your EPA Regional Office to determine if 
approval has occurred since publication of the most recent version of 
this part.



Sec.  62.15030  What are my obligations under this subpart if I reduce my 
small municipal waste combustion unit's combustion capacity to less than 35
tons per day?

    If you reduce your small municipal waste combustion unit's 
combustion capacity to less than 35 tons per day by the final compliance 
date, you must comply only with the following requirements:
    (a) You must submit a final control plan according to the schedule 
in table 1 of this subpart and comply with Sec.  62.15065(b).
    (b) The final control plan must, at a minimum, include two items:
    (1) A description of the physical changes that will be made to 
accomplish the reduction in combustion capacity. A permit restriction or 
a change in the method of operation does not qualify as a reduction in 
combustion capacity.

[[Page 536]]

    (2) Calculations of the current maximum combustion capacity and the 
planned maximum combustion capacity after the reduction. Use the 
equations specified under Sec.  62.15390(d) and (e) to calculate the 
combustion capacity of a municipal waste combustion unit.
    (c) You must complete the physical changes to accomplish the 
reduction in combustion capacity by the final compliance date specified 
in table 1 of this subpart.
    (d) If you comply with all of the requirements specified in 
paragraphs (a), (b), and (c) of this section, you are no longer subject 
to this subpart.
    (e) You must comply with the requirements specified in Sec.  
62.15395 and Sec.  62.15400 regarding title V permitting. If you comply 
with all of the requirements specified in paragraphs (a), (b), and (c) 
of this section, you are no longer subject to title V permitting 
requirements as a result of this subpart. You will remain subject to 
title V permitting requirements, however, if you are subject as a result 
of one or more of the applicability criteria in 40 CFR 70.3(a) and (b) 
or 71.3(a) and (b).



Sec.  62.15035  Is my small municipal waste combustion unit subject to
different requirements based on plant capacity?

    This subpart specifies different requirements for two different 
subcategories of municipal waste combustion units. These two 
subcategories are based on aggregate capacity of the municipal waste 
combustion plant as defined in paragraphs (a) and (b) of this section.
    (a) Class I units. These are small municipal waste combustion units 
that are located at municipal waste combustion plants with aggregate 
plant combustion capacity greater than 250 tons per day of municipal 
solid waste. (See the definition of municipal waste combustion plant 
capacity in Sec.  62.15410 for specification of which units at a plant 
are included in the aggregate capacity calculation.)
    (b) Class II units. These are small municipal waste combustion units 
that are located at municipal waste combustion plants with aggregate 
plant combustion capacity of no more than 250 tons per day of municipal 
solid waste. (See the definition of municipal waste combustion plant 
capacity in Sec.  62.15410 for specification of which units at a plant 
are included in the aggregate capacity calculation.)

             Compliance Schedule and Increments of Progress



Sec.  62.15040  What are the requirements for meeting increments of 
progress and achieving final compliance?

    (a) Class I units. If you plan to achieve compliance more than 1 
year following the effective date of this subpart and a permit 
modification is not required, or more than 1 year following the date of 
issuance of a revised construction or operation permit if a permit 
modification is required, you must meet five increments of progress:
    (1) Submit a final control plan.
    (2) Submit a notification of retrofit contract award.
    (3) Initiate onsite construction.
    (4) Complete onsite construction.
    (5) Achieve final compliance.
    (b) Class II units. If you plan to achieve compliance more than 1 
year following the effective date of this subpart and a permit 
modification is not required, or more than 1 year following the date of 
issuance of a revised construction or operation permit if a permit 
modification is required, you must meet two increments of progress:
    (1) Submit a final control plan.
    (2) Achieve final compliance.



Sec.  62.15045  When must I complete each increment of progress?

    (a) You must complete each increment of progress according to the 
compliance schedule in table 1 of this subpart for Class I and II units. 
If your Class I or Class II unit is listed in table 9 of this subpart, 
then you must complete each increment of progress according to the 
schedule in table 9 of this subpart. (See Sec.  62.15410 for definitions 
of classes.)
    (b) For Class I units (see definition in Sec.  62.15410) that must 
meet the five increments of progress, you must submit dioxins/furans 
stack test results for at least one test conducted during or after 1990. 
The stack tests must have been conducted according to the procedures 
specified under Sec.  62.15245 and you must

[[Page 537]]

submit the stack test results when the final control plan is due for 
your Class I MWC unit according to the schedule in table 1 or table 9 of 
this subpart.



Sec.  62.15050  What must I include in the notifications of achievement of
my increments of progress?

    Your notification of achievement of increments of progress must 
include three items:
    (a) Notification that the increment of progress has been achieved.
    (b) Any items required to be submitted with the increment of 
progress (Sec. Sec.  62.15065 through 62.15085).
    (c) The notification must be signed by the owner or operator of the 
municipal waste combustion unit.



Sec.  62.15055  When must I submit the notifications of achievement of 
increments of progress?

    Notifications of the achievement of increments of progress must be 
postmarked no later than 10 days after the compliance date for the 
increment.



Sec.  62.15060  What if I do not meet an increment of progress?

    If you fail to meet an increment of progress, you must submit a 
notification to the Administrator postmarked within 10 business days 
after the specified date in table 1 of this subpart for achieving that 
increment of progress. This notification must inform the Administrator 
that you did not meet the increment. You must include in the 
notification an explanation of why the increment of progress was not met 
and your plan for meeting the increment as expeditiously as possible. 
You must continue to submit reports each subsequent month until the 
increment of progress is met.



Sec.  62.15065  How do I comply with the increment of progress for submittal
of a final control plan?

    For your final control plan increment of progress, you must complete 
two items:
    (a) Submit the final control plan describing the devices for air 
pollution control and process changes that you will use to comply with 
the emission limits and other requirements of this subpart. If you plan 
to reduce your small municipal waste combustion unit's combustion 
capacity to less than 35 tons per day by the final compliance date, see 
Sec.  62.15030.
    (b) You must maintain an onsite copy of the final control plan.



Sec.  62.15070  How do I comply with the increment of progress for awarding
contracts?

    You must submit a signed copy of the contracts awarded to initiate 
onsite construction, initiate onsite installation of emission control 
equipment, and incorporate process changes. Submit the copy of the 
contracts with the notification that this increment of progress has been 
achieved. You do not need to include documents incorporated by reference 
or the attachments to the contracts.



Sec.  62.15075  How do I comply with the increment of progress for initiating
onsite construction?

    You must initiate onsite construction and installation of emission 
control equipment and initiate the process changes outlined in the final 
control plan.



Sec.  62.15080  How do I comply with the increment of progress for completing
onsite construction?

    You must complete onsite construction and installation of emission 
control equipment and complete process changes outlined in the final 
control plan.



Sec.  62.15085  How do I comply with the increment of progress for achieving
final compliance?

    For the final compliance increment of progress, you must complete 
two items:
    (a) Complete all process changes and complete retrofit construction 
as specified in the final control plan.
    (b) Connect the air pollution control equipment with the municipal 
waste combustion unit identified in the final control plan and complete 
process changes to the municipal waste combustion unit so that if the 
affected municipal waste combustion unit is brought online, all 
necessary process changes and air pollution control equipment are 
operating as designed.

[[Page 538]]



Sec.  62.15090  What must I do if I close my municipal waste combustion unit
and then restart my municipal waste combustion unit?

    (a) If you close your municipal waste combustion unit but will 
reopen it prior to the applicable final compliance date in table 1 of 
this subpart, you must meet the increments of progress specified in 
Sec.  62.15040.
    (b) If you close your municipal waste combustion unit but restart it 
after the applicable final compliance date in table 1 of this subpart, 
you must complete the emission control retrofit and meet the emission 
limits and good combustion practices on the date your municipal waste 
combustion unit restarts operation.



Sec.  62.15095  What must I do if I plan to permanently close my municipal
waste combustion unit and not restart it?

    (a) If you plan to close your municipal waste combustion unit rather 
than comply with this subpart, you must submit a closure notification, 
including the date of closure, to the Administrator by the date your 
final control plan is due.
    (b) If the closure date is later than 1 year after the effective 
date of this subpart, you must enter into a legally binding closure 
agreement with the Administrator by the date your final control plan is 
due. The agreement must include two items:
    (1) The date by which operation will cease. The closure date can be 
no later than the applicable final compliance date in table 1 of this 
subpart.
    (2) For Class I units only, dioxins/furans stack test results for at 
least one test conducted during or after 1990. The stack tests must have 
been conducted according to the procedures specified under Sec.  
62.15245.

              Good Combustion Practices: Operator Training



Sec.  62.15100  What types of training must I do?

    There are two types of required training:
    (a) Training of operators of municipal waste combustion units using 
the EPA or a State-approved training course.
    (b) Training of plant personnel using a plant-specific training 
course.



Sec.  62.15105  Who must complete the operator training course? By when?

    (a) Three types of employees must complete the EPA operator training 
course:
    (1) Chief facility operators.
    (2) Shift supervisors.
    (3) Control room operators.
    (b) These employees must complete the operator training course by 
the later of three dates:
    (1) One year after the effective date of this subpart.
    (2) Six months after your municipal waste combustion unit starts up.
    (3) The date before an employee assumes responsibilities that affect 
operation of the municipal waste combustion unit.
    (c) The requirement in paragraph (a) of this section does not apply 
to chief facility operators, shift supervisors, and control room 
operators who have obtained full certification from the American Society 
of Mechanical Engineers on or before the effective date of this subpart.
    (d) You may request that the EPA Administrator waive the requirement 
in paragraph (a) of this section for chief facility operators, shift 
supervisors, and control room operators who have obtained provisional 
certification from the American Society of Mechanical Engineers on or 
before the effective date of this subpart.



Sec.  62.15110  Who must complete the plant-specific training course?

    All employees with responsibilities that affect how a municipal 
waste combustion unit operates must complete the plant-specific training 
course. Include at least six types of employees:
    (a) Chief facility operators.
    (b) Shift supervisors.
    (c) Control room operators.
    (d) Ash handlers.
    (e) Maintenance personnel.
    (f) Crane or load handlers.



Sec.  62.15115  What plant-specific training must I provide?

    For plant-specific training, you must do four things:

[[Page 539]]

    (a) For training at a particular plant, develop a specific operating 
manual for that plant by the later of two dates:
    (1) Six months after your municipal waste combustion unit starts up.
    (2) One year after the effective date of this subpart.
    (b) Establish a program to review the plant-specific operating 
manual with people whose responsibilities affect the operation of your 
municipal waste combustion unit. Complete the initial review by the 
later of three dates:
    (1) One year after the effective date of this subpart.
    (2) Six months after your municipal waste combustion unit starts up.
    (3) The date before an employee assumes responsibilities that affect 
operation of the municipal waste combustion unit.
    (c) Update your manual annually.
    (d) Review your manual with staff annually.



Sec.  62.15120  What information must I include in the plant-specific
operating manual?

    You must include 11 items in the operating manual for your plant:
    (a) A summary of all applicable standards in this subpart.
    (b) A description of the basic combustion principles that apply to 
municipal waste combustion units.
    (c) Procedures for receiving, handling, and feeding municipal solid 
waste.
    (d) Procedures to be followed during periods of startup, shutdown, 
and malfunction of the municipal waste combustion unit.
    (e) Procedures for maintaining a proper level of combustion air 
supply.
    (f) Procedures for operating the municipal waste combustion unit 
within the standards contained in this subpart.
    (g) Procedures for responding to periodic upset or off-specification 
conditions.
    (h) Procedures for minimizing carryover of particulate matter.
    (i) Procedures for handling ash.
    (j) Procedures for monitoring emissions from the municipal waste 
combustion unit.
    (k) Procedures for recordkeeping and reporting.



Sec.  62.15125  Where must I keep the plant-specific operating manual?

    You must keep your operating manual in an easily accessible location 
at your plant. It must be available for review or inspection by all 
employees who must review it and by the Administrator.

            Good Combustion Practices: Operator Certification



Sec.  62.15130  What types of operator certification must the chief facility 
operator and shift supervisor obtain and by when must they obtain it?

    (a) Each chief facility operator and shift supervisor must obtain 
and maintain a current provisional operator certification from either 
the American Society of Mechanical Engineers QRO-1-1994 or a State 
certification program in Connecticut and Maryland (if the affected 
facility is located in either of the respective States). If ASME 
certification is chosen, proceed in accordance with ASME QRO-1-1994. 
Standard for the Qualification and Certification of Resource Recovery 
Facility Operators. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C.552(a) and 1 CFR 
part 51. You may obtain a copy from the American Society of Mechanical 
Engineers, Service Center, 22 Law Drive, Post Office Box 2900, 
Fairfield, NJ 07007. You may inspect a copy at the Office of Air Quality 
Planning and Standards Air Docket, EPA, 109 T.W. Alexander Drive, Room 
C521C, RTP, NC 27709 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.
    (b) Each chief facility operator and shift supervisor must obtain a 
provisional certification by the later of three dates:
    (1) For Class I units, 12 months after the effective date of this 
subpart. For Class II units, 18 months after the effective date of this 
subpart.
    (2) Six months after the municipal waste combustion unit starts up.

[[Page 540]]

    (3) Six months after they transfer to the municipal waste combustion 
unit or 6 months after they are hired to work at the municipal waste 
combustion unit.
    (c) Each chief facility operator and shift supervisor must take one 
of two actions:
    (1) Obtain a full certification from the American Society of 
Mechanical Engineers.
    (2) Schedule a full certification exam with the American Society of 
Mechanical Engineers (QRO-1-1994 (incorporated by reference in Sec.  
60.17 of subpart A of 40 CFR part 60)).
    (d) The chief facility operator and shift supervisor must obtain the 
full certification or be scheduled to take the certification exam by the 
later of the following dates:
    (1) For Class I units, 12 months after the effective date of this 
subpart. For Class II units, 18 months after the effective date of this 
subpart.
    (2) Six months after the municipal waste combustion unit starts up.
    (3) Six months after they transfer to the municipal waste combustion 
unit or 6 months after they are hired to work at the municipal waste 
combustion unit.

[68 FR 5158, Jan. 31, 2003, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  62.15135  After the required date for operator certification, who
may operate the municipal waste combustion unit?

    After the required date for full or provisional certification, you 
must not operate your municipal waste combustion unit unless one of four 
employees is on duty:
    (a) A fully certified chief facility operator.
    (b) A provisionally certified chief facility operator who is 
scheduled to take the full certification exam.
    (c) A fully certified shift supervisor.
    (d) A provisionally certified shift supervisor who is scheduled to 
take the full certification exam.



Sec.  62.15140  What if all the certified operators must be temporarily 
offsite?

    If the certified chief facility operator and certified shift 
supervisor both are unavailable, a provisionally certified control room 
operator at the municipal waste combustion unit may fulfill the 
certified operator requirement. Depending on the length of time that a 
certified chief facility operator and certified shift supervisor is 
away, you must meet one of three criteria:
    (a) When the certified chief facility operator and certified shift 
supervisor are both offsite for 12 hours or less and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator.
    (b) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours, but for 2 weeks or less, 
and no other certified operator is onsite, the provisionally certified 
control room operator may perform those duties without notice to, or 
approval by, the Administrator. However, you must record the periods 
when the certified chief facility operator and certified shift 
supervisor are offsite and include this information in the annual report 
as specified under Sec.  62.15340(l).
    (c) When the certified chief facility operator and certified shift 
supervisor are offsite for more than 2 weeks and no other certified 
operator is onsite, the provisionally certified control room operator 
may perform those duties without notice to, or approval by, the 
Administrator. However, you must take two actions:
    (1) Notify the Administrator in writing. In the notice, state what 
caused the absence and what you are doing to ensure that a certified 
chief facility operator or certified shift supervisor is onsite.
    (2) Submit a status report and corrective action summary to the 
Administrator every 4 weeks following the initial notification. If the 
Administrator notifies you that your status report or corrective action 
summary is disapproved, the municipal waste combustion unit may continue 
operation for 90 days, but then must cease operation. If corrective 
actions are taken in the 90-day period such that the Administrator 
withdraws the disapproval, municipal waste combustion unit operation may 
continue.

[[Page 541]]

            Good Combustion Practices: Operating Requirements



Sec.  62.15145  What are the operating practice requirements for my municipal
waste combustion unit?

    (a) You must not operate your municipal waste combustion unit at 
loads greater than 110 percent of the maximum demonstrated load of the 
municipal waste combustion unit (4-hour block average), as specified 
under ``Definitions'' (Sec.  62.15410).
    (b) You must not operate your municipal waste combustion unit so 
that the temperature at the inlet of the particulate matter control 
device exceeds 17 [deg]C above the maximum demonstrated temperature of 
the particulate matter control device (4-hour block average), as 
specified under ``Definitions'' (Sec.  62.15410).
    (c) If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must maintain an 8-hour 
block average carbon feed rate at or above the highest average level 
established during the most recent dioxins/furans or mercury test.
    (d) If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must evaluate total 
carbon usage for each calendar quarter. The total amount of carbon 
purchased and delivered to your municipal waste combustion plant must be 
at or above the required quarterly usage of carbon. At your option, you 
may choose to evaluate required quarterly carbon usage on a municipal 
waste combustion unit basis for each individual municipal waste 
combustion unit at your plant. Calculate the required quarterly usage of 
carbon using the appropriate equation in Sec.  62.15390.
    (e) Your municipal waste combustion unit is exempt from limits on 
load level, temperature at the inlet of the particulate matter control 
device, and carbon feed rate during any of five situations:
    (1) During your annual tests for dioxins/furans.
    (2) During your annual mercury tests (for carbon feed rate 
requirements only).
    (3) During the 2 weeks preceding your annual tests for dioxins/
furans.
    (4) During the 2 weeks preceding your annual mercury tests (for 
carbon feed rate requirements only).
    (5) Whenever the Administrator permits you to do any of five 
activities:
    (i) Evaluate system performance.
    (ii) Test new technology or control technologies.
    (iii) Perform diagnostic testing.
    (iv) Perform other activities to improve the performance of your 
municipal waste combustion unit.
    (v) Perform other activities to advance the state of the art for 
emission controls for your municipal waste combustion unit.



Sec.  62.15150  What happens to the operating requirements during periods
of startup, shutdown, and malfunction?

    (a) The operating requirements of this subpart apply at all times 
except during periods of municipal waste combustion unit startup, 
shutdown, or malfunction.
    (b) Each startup, shutdown, or malfunction must not last for longer 
than 3 hours.

                             Emission Limits



Sec.  62.15155  What pollutants are regulated by this subpart?

    Eleven pollutants, in four groupings, are regulated:
    (a) Organics. Dioxins/furans.
    (b) Metals. (1) Cadmium.
    (2) Lead.
    (3) Mercury.
    (4) Opacity.
    (5) Particulate matter.
    (c) Acid gases. (1) Hydrogen chloride.
    (2) Nitrogen oxides.
    (3) Sulfur dioxide.
    (d) Other. (1) Carbon monoxide.
    (2) Fugitive ash.



Sec.  62.15160  What emission limits must I meet?

    (a) After the date the initial stack test and continuous emission 
monitoring system evaluation are required or completed (whichever is 
earlier), you must meet the applicable emission limits specified in the 
four tables of this section:

[[Page 542]]

    (1) For Class I units, see tables 2 and 3 of this subpart.
    (2) For Class II units, see table 4 of this subpart.
    (3) For carbon monoxide emission limits for both classes of units, 
see table 5 of this subpart.
    (b) If your Class I municipal waste combustion unit began 
construction, reconstruction, or modification after June 26, 1987, then 
you must comply with the dioxins/furans and mercury emission limits 
specified in table 2 of this subpart as applicable by the later of the 
following two dates:
    (1) One year after the effective date of this subpart.
    (2) One year after the issuance of a revised construction or 
operating permit, if a permit modification is required. Final compliance 
with the dioxins/furans limits must be achieved no later than November 
6, 2005, even if the date one year after the issuance of a revised 
construction or operating permit is later than November 6, 2005.



Sec.  62.15165  What happens to the emission limits during periods of startup,
shutdown, and malfunction?

    (a) The emission limits of this subpart apply at all times except 
during periods of municipal waste combustion unit startup, shutdown, or 
malfunction.
    (b) Each startup, shutdown, or malfunction must not last for longer 
than 3 hours.
    (c) A maximum of 3 hours of test data can be dismissed from 
compliance calculations during periods of startup, shutdown, or 
malfunction.
    (d) During startup, shutdown, or malfunction periods longer than 3 
hours, emissions data cannot be discarded from compliance calculations 
and all provisions under Sec.  60.11(d) of subpart A of 40 CFR part 60 
apply.

                     Continuous Emission Monitoring



Sec.  62.15170  What types of continuous emission monitoring must I perform?

    To continuously monitor emissions, you must perform four tasks:
    (a) Install continuous emission monitoring systems for certain 
gaseous pollutants.
    (b) Make sure your continuous emission monitoring systems are 
operating correctly.
    (c) Make sure you obtain the minimum amount of monitoring data.
    (d) Install a continuous opacity monitoring system.



Sec.  62.15175  What continuous emission monitoring systems must I install
for gaseous pollutants?

    (a) You must install, calibrate, maintain, and operate continuous 
emission monitoring systems for oxygen (or carbon dioxide), sulfur 
dioxide, and carbon monoxide. If you operate a Class I municipal waste 
combustion unit, also install, calibrate, maintain, and operate a 
continuous emission monitoring system for nitrogen oxides. Install the 
continuous emission monitoring system for sulfur dioxide, nitrogen 
oxides, and oxygen (or carbon dioxide) at the outlet of the air 
pollution control device.
    (b) You must install, evaluate, and operate each continuous emission 
monitoring system according to the ``Monitoring Requirements'' in Sec.  
60.13 of subpart A of 40 CFR part 60.
    (c) You must monitor the oxygen (or carbon dioxide) concentration at 
each location where you monitor sulfur dioxide and carbon monoxide. 
Additionally, if you operate a Class I municipal waste combustion unit, 
you must also monitor the oxygen (or carbon dioxide) concentration at 
the location where you monitor nitrogen oxides.
    (d) You may choose to monitor carbon dioxide instead of oxygen as a 
diluent gas. If you choose to monitor carbon dioxide, then an oxygen 
monitor is not required and you must follow the requirements in Sec.  
62.15200.
    (e) If you choose to demonstrate compliance by monitoring the 
percent reduction of sulfur dioxide, you must also install a continuous 
emission monitoring system for sulfur dioxide and oxygen (or carbon 
dioxide) at the inlet of the air pollution control device.
    (f) If you prefer to use an alternative sulfur dioxide monitoring 
method, such as parametric monitoring, or cannot monitor emissions at 
the inlet of the air pollution control device to determine percent 
reduction, you can apply

[[Page 543]]

to the Administrator for approval to use an alternative monitoring 
method under Sec.  60.13(i) of subpart A of 40 CFR part 60.



Sec.  62.15180  How are the data from the continuous emission monitoring
systems used?

    You must use data from the continuous emission monitoring systems 
for sulfur dioxide, nitrogen oxides, and carbon monoxide to demonstrate 
continuous compliance with the applicable emission limits specified in 
tables 2, 3, 4, and 5 of this subpart. To demonstrate compliance for 
dioxins/furans, cadmium, lead, mercury, particulate matter, opacity, 
hydrogen chloride, and fugitive ash, see Sec.  62.15235.



Sec.  62.15185  How do I make sure my continuous emission monitoring systems
are operating correctly?

    (a) Conduct initial, daily, quarterly, and annual evaluations of 
your continuous emission monitoring systems that measure oxygen (or 
carbon dioxide), sulfur dioxide, nitrogen oxides (Class I municipal 
waste combustion units only), and carbon monoxide.
    (b) Complete your initial evaluation of the continuous emission 
monitoring systems within 180 days after your final compliance date.
    (c) For initial and annual evaluations, collect data concurrently 
(or within 30 to 60 minutes) using your oxygen (or carbon dioxide) 
continuous emission monitoring system, your sulfur dioxide, nitrogen 
oxides, or carbon monoxide continuous emission monitoring systems, as 
appropriate, and the appropriate test methods specified in table 6 of 
this subpart. Collect these data during each initial and annual 
evaluation of your continuous emission monitoring systems following the 
applicable performance specifications in appendix B of 40 CFR part 60. 
Table 7 of this subpart shows the performance specifications that apply 
to each continuous emission monitoring system.
    (d) Follow the quality assurance procedures in Procedure 1 of 
appendix F of 40 CFR part 60 for each continuous emission monitoring 
system. These procedures include daily calibration drift and quarterly 
accuracy determinations.



Sec.  62.15190  Am I exempt from any 40 CFR part 60 appendix B or 
appendix F requirements to evaluate continuous emission monitoring
systems?

    Yes, the accuracy tests for your sulfur dioxide continuous emission 
monitoring system require you to also evaluate your oxygen (or carbon 
dioxide) continuous emission monitoring system. Therefore, your oxygen 
(or carbon dioxide) continuous emission monitoring system is exempt from 
two requirements:
    (a) Section 2.3 of Performance Specification 3 in appendix B of 40 
CFR part 60 (relative accuracy requirement).
    (b) Section 5.1.1 of appendix F of 40 CFR part 60 (relative accuracy 
test audit).



Sec.  62.15195  What is my schedule for evaluating continuous emission
monitoring systems?

    (a) Conduct annual evaluations of your continuous emission 
monitoring systems no more than 13 months after the previous evaluation 
was conducted.
    (b) Evaluate your continuous emission monitoring systems daily and 
quarterly as specified in appendix F of 40 CFR part 60.



Sec.  62.15200  What must I do if I choose to monitor carbon dioxide 
instead of oxygen as a diluent gas?

    You must establish the relationship between oxygen and carbon 
dioxide during the initial evaluation of your continuous emission 
monitoring system. You may reestablish the relationship during annual 
evaluations. To establish the relationship use three procedures:
    (a) Use EPA Reference Method 3A or 3B in appendix A of 40 CFR part 
60 to determine oxygen concentration at the location of your carbon 
dioxide monitor.
    (b) Conduct at least three test runs for oxygen. Make sure each test 
run represents a 1-hour average and that sampling continues for at least 
30 minutes in each hour.
    (c) Use the fuel-factor equation in EPA Reference Method 3B to 
determine the relationship between oxygen and carbon dioxide.

[[Page 544]]



Sec.  62.15205  What minimum amount of monitoring data must I collect 
with my continuous emission monitoring systems and is this requirement
enforceable?

    (a) Where continuous emission monitoring systems are required, 
obtain 1-hour arithmetic averages. Make sure the averages for sulfur 
dioxide, nitrogen oxides (Class I municipal waste combustion units 
only), and carbon monoxide are in parts per million by dry volume at 7 
percent oxygen (or the equivalent carbon dioxide level). Use the 1-hour 
averages of oxygen (or carbon dioxide) data from your continuous 
emission monitoring system to determine the actual oxygen (or carbon 
dioxide) level and to calculate emissions at 7 percent oxygen (or the 
equivalent carbon dioxide level).
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average. Section 60.13(e)(2) of subpart A of 40 
CFR part 60 requires your continuous emission monitoring systems to 
complete at least one cycle of operation (sampling, analyzing, and data 
recording) for each 15-minute period.
    (c) Obtain valid 1-hour averages for 75 percent of the operating 
hours per day for 90 percent of the operating days per calendar quarter. 
An operating day is any day the unit combusts any municipal solid waste 
or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you are in violation of this data 
collection requirement regardless of the emission level monitored, and 
you must notify the Administrator according to Sec.  62.15340(e).
    (e) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you must still use all valid data from the 
continuous emission monitoring systems in calculating emission 
concentrations and percent reductions in accordance with Sec.  62.15210.



Sec.  62.15210  How do I convert my 1-hour arithmetic averages into 
appropriate averaging times and units?

    (a) Use the equation in Sec.  62.15390(a) to calculate emissions at 
7 percent oxygen.
    (b) Use EPA Reference Method 19 in appendix A of 40 CFR part 60, 
section 4.3, to calculate the daily geometric average concentrations of 
sulfur dioxide emissions. If you are monitoring the percent reduction of 
sulfur dioxide, use EPA Reference Method 19, section 5.4, to determine 
the daily geometric average percent reduction of potential sulfur 
dioxide emissions.
    (c) If you operate a Class I municipal waste combustion unit, use 
EPA Reference Method 19, section 4.1, to calculate the daily arithmetic 
average for concentrations of nitrogen oxides.
    (d) Use EPA Reference Method 19, section 4.1, to calculate the 4-
hour or 24-hour daily block averages (as applicable) for concentrations 
of carbon monoxide.



Sec.  62.15215  What is required for my continuous opacity monitoring system 
and how are the data used?

    (a) Install, calibrate, maintain, and operate a continuous opacity 
monitoring system.
    (b) Install, evaluate, and operate each continuous opacity 
monitoring system according to Sec.  60.13 of subpart A 40 CFR part 60.
    (c) Complete an initial evaluation of your continuous opacity 
monitoring system according to Performance Specification 1 in appendix B 
of 40 CFR part 60. Complete this evaluation by 180 days after your final 
compliance date.
    (d) Complete each annual evaluation of your continuous opacity 
monitoring system no more than 13 months after the previous evaluation.
    (e) Use tests conducted according to EPA Reference Method 9, as 
specified in Sec.  62.15245, to determine compliance with the applicable 
opacity limit in tables 2 or 4 of this subpart. The data obtained from 
your continuous opacity monitoring system are not used to determine 
compliance with the opacity limit.



Sec.  62.15220  What additional requirements must I meet for the operation
of my continuous emission monitoring systems and continuous opacity monitoring 
system?

    Use the required span values and applicable performance 
specifications in table 8 of this subpart.

[[Page 545]]



Sec.  62.15225  What must I do if my continuous emission monitoring system 
is temporarily unavailable to meet the data collection requirements?

    Refer to table 8 of this subpart. It shows alternate methods for 
collecting data when these systems malfunction or when repairs, 
calibration checks, or zero and span checks keep you from collecting the 
minimum amount of data.

                              Stack Testing



Sec.  62.15230  What types of stack tests must I conduct?

    Conduct initial and annual stack tests to measure the emission 
levels of dioxins/furans, cadmium, lead, mercury, particulate matter, 
opacity, hydrogen chloride, and fugitive ash.



Sec.  62.15235  How are the stack test data used?

    You must use results of stack tests for dioxins/furans, cadmium, 
lead, mercury, particulate matter, opacity, hydrogen chloride, and 
fugitive ash to demonstrate compliance with the applicable emission 
limits in tables 2 and 4 of this subpart. To demonstrate compliance for 
carbon monoxide, nitrogen oxides, and sulfur dioxide, see Sec.  
62.15180.



Sec.  62.15240  What schedule must I follow for the stack testing?

    (a) Conduct initial stack tests for the pollutants listed in Sec.  
62.15230 by 180 days after your final compliance date.
    (b) Conduct annual stack tests for these pollutants after the 
initial stack test. Conduct each annual stack test no later than 13 
months after the previous stack test.



Sec.  62.15245  What test methods must I use to stack test?

    (a) Follow table 8 of this subpart to establish the sampling 
location and to determine pollutant concentrations, number of traverse 
points, individual test methods, and other specific testing requirements 
for the different pollutants.
    (b) Make sure that stack tests for all these pollutants consist of 
at least three test runs, as specified in Sec.  60.8 (Performance Tests) 
of subpart A of 40 CFR part 60. Use the average of the pollutant 
emission concentrations from the three test runs to determine compliance 
with the applicable emission limits in tables 2 and 4 of this subpart.
    (c) Obtain an oxygen (or carbon dioxide) measurement at the same 
time as your pollutant measurements to determine diluent gas levels, as 
specified in Sec.  62.15175.
    (d) Use the equations in Sec.  62.15390(a) to calculate emission 
levels at 7 percent oxygen (or an equivalent carbon dioxide basis), the 
percent reduction in potential hydrogen chloride emissions, and the 
reduction efficiency for mercury emissions. See the individual test 
methods in table 6 of this subpart for other required equations.
    (e) You can apply to the Administrator for approval under Sec.  
60.8(b) of subpart A of 40 CFR part 60 to
    (1) Use a reference method with minor changes in methodology;
    (2) Use an equivalent method;
    (3) Use an alternative method the results of which the Administrator 
has determined are adequate for demonstrating compliance;
    (4) Waive the requirement for a performance test because you have 
demonstrated by other means that you are in compliance; or
    (5) Use a shorter sampling time or smaller sampling volume.



Sec.  62.15250  May I conduct stack testing less often?

    (a) You may test less often if you own or operate a Class II 
municipal waste combustion unit and if all stack tests for a given 
pollutant over 3 consecutive years show you comply with the emission 
limit. In this case, you are not required to conduct a stack test for 
that pollutant for the next 2 years. However, you must conduct another 
stack test within 36 months of the anniversary date of the third 
consecutive stack test that shows you comply with the emission limit. 
Thereafter, you must perform stack tests every third year but no later 
than 36 months following the previous stack tests. If a stack test shows 
noncompliance with an emission limit, you must conduct annual stack 
tests for that pollutant until all stack tests over 3 consecutive years 
show compliance

[[Page 546]]

with the emission limit for that pollutant. This provision applies to 
all pollutants subject to stack testing requirements: dioxins/furans, 
cadmium, lead, mercury, particulate matter, opacity, hydrogen chloride, 
and fugitive ash.
    (b) You can test less often for dioxins/furans emissions if you own 
or operate a municipal waste combustion plant that meets two conditions. 
First, you have multiple municipal waste combustion units onsite that 
are subject to this subpart. Second, all these municipal waste 
combustion units have demonstrated levels of dioxins/furans emissions 
less than or equal to 15 nanograms per dry standard cubic meter (total 
mass) for Class I units, or 30 nanograms per dry standard cubic meter 
(total mass) for Class II units, for 2 consecutive years. In this case, 
you may choose to conduct annual stack tests on only one municipal waste 
combustion unit per year at your plant. This provision only applies to 
stack testing for dioxins/furans emissions.
    (1) Conduct the stack test no more than 13 months following a stack 
test on any municipal waste combustion unit subject to this subpart at 
your plant. Each year, test a different municipal waste combustion unit 
subject to this subpart and test all municipal waste combustion units 
subject to this subpart in a sequence that you determine. Once you 
determine a testing sequence, it must not be changed without approval by 
the Administrator.
    (2) If each annual stack test shows levels of dioxins/furans 
emissions less than or equal to 15 nanograms per dry standard cubic 
meter (total mass) for Class I units, or 30 nanograms per dry standard 
cubic meter (total mass) for Class II units, you may continue stack 
tests on only one municipal waste combustion unit subject to this 
subpart per year.
    (3) If any annual stack test indicates levels of dioxins/furans 
emissions greater than 15 nanograms per dry standard cubic meter (total 
mass) for Class I units, or 30 nanograms per dry standard cubic meter 
(total mass) for Class II units, conduct subsequent annual stack tests 
on all municipal waste combustion units subject to this subpart at your 
plant. You may return to testing one municipal waste combustion unit 
subject to this subpart per year if you can demonstrate dioxins/furans 
emission levels less than or equal to 15 nanograms per dry standard 
cubic meter (total mass) for Class I units, or 30 nanograms per dry 
standard cubic meter (total mass) for Class II units, for all municipal 
waste combustion units at your plant subject to this subpart for 2 
consecutive years.



Sec.  62.15255  May I deviate from the 13-month testing schedule if 
unforeseen circumstances arise?

    You may not deviate from the 13-month testing schedules specified in 
Sec. Sec.  62.15240(b) and 62.15250(b)(1) unless you apply to the 
Administrator for an alternative schedule, and the Administrator 
approves your request for alternate scheduling prior to the date on 
which you would otherwise have been required to conduct the next stack 
test.

                      Other Monitoring Requirements



Sec.  62.15260  What other requirements must I meet for continuous
monitoring?

    You must also monitor three operating parameters:
    (a) Load level of each municipal waste combustion unit.
    (b) Temperature of flue gases at the inlet of your particulate 
matter air pollution control device.
    (c) Carbon feed rate if activated carbon is used to control dioxins/
furans or mercury emissions.



Sec.  62.15265  How do I monitor the load of my municipal waste
combustion unit?

    (a) If your municipal waste combustion unit generates steam, you 
must install, calibrate, maintain, and operate a steam flowmeter or a 
feed water flowmeter and meet five requirements:
    (1) Continuously measure and record the measurements of steam (or 
feed water) in kilograms per hour (or pounds per hour).
    (2) Calculate your steam (or feed water) flow in 4-hour block 
averages.
    (3) Calculate the steam (or feed water) flow rate using the method 
in

[[Page 547]]

``American Society of Mechanical Engineers (ASME PTC 4.1--1964): Test 
Code for Steam Generating Units, Power Test Code 4.1-1964 (Reaffirmed 
1991),'' section 4. The Director of the Federal Register approves this 
incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR 
part 51. You may obtain a copy from the American Society of Mechanical 
Engineers, Service Center, 22 Law Drive, Post Office Box 2900, 
Fairfield, NJ 07007. You may inspect a copy at the Office of Air Quality 
Planning and Standards Air Docket, EPA, 109 T.W. Alexander Drive, Room 
C521C, RTP, NC 27709 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.
    (4) Design, construct, install, calibrate, and use nozzles or 
orifices for flow rate measurements, using the recommendations in 
``American Society of Mechanical Engineers Interim Supplement 19.5 on 
Instruments and Apparatus: Application, Part II of Fluid Meters'', 6th 
Edition (1971), chapter 4. The Director of the Federal Register approves 
this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 
CFR part 51. You may obtain a copy from the American Society of 
Mechanical Engineers, Service Center, 22 Law Drive, Post Office Box 
2900, Fairfield, NJ 07007. You may inspect a copy at the Office of Air 
Quality Planning and Standards Air Docket, EPA, 109 T.W. Alexander 
Drive, Room C521C, RTP, NC 27709 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.
    (5) Before each dioxins/furans stack test, or at least once a year, 
calibrate all signal conversion elements associated with steam (or feed 
water) flow measurements according to the manufacturer instructions.
    (b) If your municipal waste combustion unit does not generate steam, 
or, if your municipal waste combustion units have shared steam systems 
and steam load cannot be estimated per unit, you must determine, to the 
satisfaction of the Administrator, one or more operating parameters that 
can be used to continuously estimate load level (for example, the feed 
rate of municipal solid waste or refuse-derived fuel). You must 
continuously monitor the selected parameters.

[68 FR 5158, Jan. 31, 2003, as amended at 69 FR 18803, Apr. 9, 2004]



Sec.  62.15270  How do I monitor the temperature of flue gases at the 
inlet of my particulate matter control device?

    You must install, calibrate, maintain, and operate a device to 
continuously measure the temperature of the flue gas stream at the inlet 
of each particulate matter control device.



Sec.  62.15275  How do I monitor the injection rate of activated carbon?

    If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, you must meet three 
requirements:
    (a) Select a carbon injection system operating parameter that can be 
used to calculate carbon feed rate (for example, screw feeder speed).
    (b) During each dioxins/furans and mercury stack test, determine the 
average carbon feed rate in kilograms (or pounds) per hour. Also, 
determine the average operating parameter level that correlates to the 
carbon feed rate. Establish a relationship between the operating 
parameter and the carbon feed rate in order to calculate the carbon feed 
rate based on the operating parameter level.
    (c) Continuously monitor the selected operating parameter during all 
periods when the municipal waste combustion unit is operating and 
combusting waste and calculate the 8-hour block average carbon feed rate 
in kilograms (or pounds) per hour, based on the selected operating 
parameter. When calculating the 8-hour block average, do two things:
    (1) Exclude hours when the municipal waste combustion unit is not 
operating.
    (2) Include hours when the municipal waste combustion unit is 
operating but

[[Page 548]]

the carbon feed system is not working correctly.



Sec.  62.15280  What minimum amount of monitoring data must I collect 
with my continuous parameter monitoring systems and is this requirement
enforceable?

    (a) Where continuous parameter monitoring systems are used, obtain 
1-hour arithmetic averages for three parameters:
    (1) Load level of the municipal waste combustion unit.
    (2) Temperature of the flue gases at the inlet of your particulate 
matter control device.
    (3) Carbon feed rate if activated carbon is used to control dioxins/
furans or mercury emissions.
    (b) Obtain at least two data points per hour in order to calculate a 
valid 1-hour arithmetic average.
    (c) Obtain valid 1-hour averages for at least 75 percent of the 
operating hours per day for 90 percent of the operating days per 
calendar quarter. An operating day is any day the unit combusts any 
municipal solid waste or refuse-derived fuel.
    (d) If you do not obtain the minimum data required in paragraphs (a) 
through (c) of this section, you are in violation of this data 
collection requirement and you must notify the Administrator according 
to Sec.  62.15340(e).

                              Recordkeeping



Sec.  62.15285  What records must I keep?

    You must keep four types of records:
    (a) Operator training and certification.
    (b) Stack tests.
    (c) Continuously monitored pollutants and parameters.
    (d) Carbon feed rate.



Sec.  62.15290  Where must I keep my records and for how long?

    (a) Keep all records onsite in paper copy or electronic format 
unless the Administrator approves another format.
    (b) Keep all records on each municipal waste combustion unit for at 
least 5 years.
    (c) Make all records available for submittal to the Administrator, 
or for onsite review by an inspector.



Sec.  62.15295  What records must I keep for operator training and certification?

    You must keep records of six items:
    (a) Records of provisional certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who are 
provisionally certified by the American Society of Mechanical Engineers.
    (2) Dates of the initial provisional certifications.
    (3) Documentation showing current provisional certifications.
    (b) Records of full certifications. Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who are 
fully certified by the American Society of Mechanical Engineers or an 
equivalent State-approved certification program.
    (2) Dates of initial and renewal full certifications.
    (3) Documentation showing current full certifications.
    (c) Records showing completion of the operator training course. 
Include three items:
    (1) For your municipal waste combustion plant, names of the chief 
facility operator, shift supervisors, and control room operators who 
have completed the EPA or State municipal waste combustion operator 
training course.
    (2) Dates of completion of the operator training course.
    (3) Documentation showing completion of operator training course.
    (d) Records of reviews for plant-specific operating manuals. Include 
three items:
    (1) Names of persons who have reviewed the operating manual.
    (2) Date of the initial review.
    (3) Dates of subsequent annual reviews.
    (e) Records of when a certified operator is temporarily offsite. 
Include two main items:
    (1) If the certified chief facility operator and certified shift 
supervisor are offsite for more than 12 hours but for 2 weeks or less 
and no other certified operator is onsite, record the dates that the 
certified chief facility operator and certified shift supervisor were 
offsite.

[[Page 549]]

    (2) When all certified chief facility operators and certified shift 
supervisors are offsite for more than 2 weeks and no other certified 
operator is onsite, keep records of four items:
    (i) Your notice that all certified persons are offsite.
    (ii) The conditions that cause these people to be offsite.
    (iii) The corrective actions you are taking to ensure a certified 
chief facility operator or certified shift supervisor is onsite.
    (iv) Copies of the written reports submitted every 4 weeks that 
summarize the actions taken to ensure that a certified chief facility 
operator or certified shift supervisor will be onsite.
    (f) Records of calendar dates. Include the calendar date on each 
record.



Sec.  62.15300  What records must I keep for stack tests?

    For stack tests required under Sec.  62.15230, you must keep records 
of four items:
    (a) The results of the stack tests for eight pollutants or 
parameters recorded in the appropriate units of measure specified in 
tables 2 or 4 of this subpart:
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) Test reports including supporting calculations that document the 
results of all stack tests.
    (c) The maximum demonstrated load of your municipal waste combustion 
units and maximum temperature at the inlet of your particulate matter 
control device during all stack tests for dioxins/furans emissions.
    (d) The calendar date of each record.



Sec.  62.15305  What records must I keep for continuously monitored
pollutants or parameters?

    You must keep records of eight items.
    (a) Records of monitoring data. Document six parameters measured 
using continuous monitoring systems:
    (1) All 6-minute average levels of opacity.
    (2) All 1-hour average concentrations of sulfur dioxide emissions.
    (3) For Class I municipal waste combustion units only, all 1-hour 
average concentrations of nitrogen oxides emissions.
    (4) All 1-hour average concentrations of carbon monoxide emissions.
    (5) All 1-hour average load levels of your municipal waste 
combustion unit.
    (6) All 1-hour average flue gas temperatures at the inlet of the 
particulate matter control device.
    (b) Records of average concentrations and percent reductions. 
Document five parameters:
    (1) All 24-hour daily block geometric average concentrations of 
sulfur dioxide emissions or average percent reductions of sulfur dioxide 
emissions.
    (2) For Class I municipal waste combustion units only, all 24-hour 
daily arithmetic average concentrations of nitrogen oxides emissions.
    (3) All 4-hour block or 24-hour daily block arithmetic average 
concentrations of carbon monoxide emissions.
    (4) All 4-hour block arithmetic average load levels of your 
municipal waste combustion unit.
    (5) All 4-hour block arithmetic average flue gas temperatures at the 
inlet of the particulate matter control device.
    (c) Records of exceedances. Document three items:
    (1) Calendar dates whenever any of the five pollutants or parameter 
levels recorded in paragraph (b) of this section or the opacity level 
recorded in paragraph (a)(1) of this section did not meet the emission 
limits or operating levels specified in this subpart.
    (2) Reasons you exceeded the applicable emission limits or operating 
levels.
    (3) Corrective actions you took, or are taking, to meet the emission 
limits or operating levels.
    (d) Records of minimum data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of data required under Sec. Sec.  62.15205 and 62.15280. Record these 
dates for five types of pollutants and parameters:
    (i) Sulfur dioxide emissions.
    (ii) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.

[[Page 550]]

    (iii) Carbon monoxide emissions.
    (iv) Load levels of your municipal waste combustion unit.
    (v) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to obtain the required 
amount of data.
    (e) Records of exclusions. Document each time you have excluded data 
from your calculation of averages for any of the following five 
pollutants or parameters and the reasons the data were excluded:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load levels of your municipal waste combustion unit.
    (5) Temperatures of the flue gases at the inlet of the particulate 
matter control device.
    (f) Records of drift and accuracy. Document the results of your 
daily drift tests and quarterly accuracy determinations according to 
Procedure 1 of appendix F of 40 CFR part 60. Keep these records for the 
sulfur dioxide, nitrogen oxides (Class I municipal waste combustion 
units only), and carbon monoxide continuous emissions monitoring 
systems.
    (g) Records of the relationship between oxygen and carbon dioxide. 
If you choose to monitor carbon dioxide instead of oxygen as a diluent 
gas, document the relationship between oxygen and carbon dioxide, as 
specified in Sec.  62.15200.
    (h) Records of calendar dates. Include the calendar date on each 
record.



Sec.  62.15310  What records must I keep for municipal waste combustion
units that use activated carbon?

    For municipal waste combustion units that use activated carbon to 
control dioxins/furans or mercury emissions, you must keep records of 
five items:
    (a) Records of average carbon feed rate. Document five items:
    (1) Average carbon feed rate (in kilograms or pounds per hour) 
during all stack tests for dioxins/furans and mercury emissions. Include 
supporting calculations in the records.
    (2) For the operating parameter chosen to monitor carbon feed rate, 
average operating level during all stack tests for dioxins/furans and 
mercury emissions. Include supporting data that document the 
relationship between the operating parameter and the carbon feed rate.
    (3) All 8-hour block average carbon feed rates in kilograms (pounds) 
per hour calculated from the monitored operating parameter.
    (4) Total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include 
supporting documentation.
    (5) Required quarterly usage of carbon for the municipal waste 
combustion plant, calculated using the appropriate equation in Sec.  
62.15390(f). If you choose to evaluate required quarterly usage for 
carbon on a municipal waste combustion unit basis, record the required 
quarterly usage for each municipal waste combustion unit at your plant. 
Include supporting calculations.
    (b) Records of low carbon feed rates. Document three items:
    (1) The calendar dates when the average carbon feed rate over an 8-
hour block was less than the average carbon feed rates determined during 
the most recent stack test for dioxins/furans or mercury emissions 
(whichever has a higher feed rate).
    (2) Reasons for the low carbon feed rates.
    (3) Corrective actions you took or are taking to meet the 8-hour 
average carbon feed rate requirement.
    (c) Records of minimum carbon feed rate data. Document three items:
    (1) Calendar dates for which you did not collect the minimum amount 
of carbon feed rate data required under Sec.  62.15280.
    (2) Reasons you did not collect the minimum data.
    (3) Corrective actions you took or are taking to get the required 
amount of data.

[[Page 551]]

    (d) Records of exclusions. Document each time you have excluded data 
from your calculation of average carbon feed rates and the reasons the 
data were excluded.
    (e) Records of calendar dates. Include the calendar date on each 
record.

                                Reporting



Sec.  62.15315  What reports must I submit and in what form?

    (a) Submit an initial report and annual reports, plus semiannual 
reports for any emission or parameter level that does not meet the 
limits specified in this subpart.
    (b) Submit all reports on paper, postmarked on or before the 
submittal dates in Sec. Sec.  62.15325, 62.15335, and 62.15350. If the 
Administrator agrees, you may submit electronic reports.
    (c) Keep a copy of all reports required by Sec. Sec.  62.15330, 
62.15340, and 62.15355 onsite for 5 years.



Sec.  62.15320  What are the appropriate units of measurement for
reporting my data?

    See tables 2, 3, 4, and 5 of this subpart for appropriate units of 
measurement.



Sec.  62.15325  When must I submit the initial report?

    As specified in Sec.  60.7(c) of subpart A of 40 CFR part 60, submit 
your initial report within 180 days after your final compliance date.



Sec.  62.15330  What must I include in the initial report?

    You must include seven items:
    (a) The emission levels measured on the date of the initial 
evaluation of your continuous emission monitoring systems for all of the 
following five pollutants or parameters as recorded in accordance with 
Sec.  62.15305(b).
    (1) The 24-hour daily geometric average concentration of sulfur 
dioxide emissions or the 24-hour daily geometric percent reduction of 
sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, the 24-hour 
daily arithmetic average concentration of nitrogen oxides emissions.
    (3) The 4-hour block or 24-hour daily arithmetic average 
concentration of carbon monoxide emissions.
    (4) The 4-hour block arithmetic average load level of your municipal 
waste combustion unit.
    (5) The 4-hour block arithmetic average flue gas temperature at the 
inlet of the particulate matter control device.
    (b) The results of the initial stack tests for eight pollutants or 
parameters (use appropriate units as specified in tables 2 or 4 of this 
subpart):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (c) The test report that documents the initial stack tests including 
supporting calculations.
    (d) The initial performance evaluation of your continuous emissions 
monitoring systems. Use the applicable performance specifications in 
appendix B of 40 CFR part 60 in conducting the evaluation.
    (e) The maximum demonstrated load of your municipal waste combustion 
unit and the maximum demonstrated temperature of the flue gases at the 
inlet of the particulate matter control device. Use values established 
during your initial stack test for dioxins/furans emissions and include 
supporting calculations.
    (f) If your municipal waste combustion unit uses activated carbon to 
control dioxins/furans or mercury emissions, the average carbon feed 
rates that you recorded during the initial stack tests for dioxins/
furans and mercury emissions. Include supporting calculations as 
specified in Sec.  62.15310(a)(1) and (2).
    (g) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and carbon 
dioxide, as specified in Sec.  62.15200.



Sec.  62.15335  When must I submit the annual report?

    Submit the annual report no later than February 1 of each year that 
follows the calendar year in which you collected the data. (As with all 
other requirements in this subpart, the requirement to submit an annual 
report

[[Page 552]]

does not modify or replace the operating permits requirements of 40 CFR 
parts 70 and 71.)



Sec.  62.15340  What must I include in the annual report?

    Summarize data collected for all pollutants and parameters regulated 
under this subpart. Your summary must include 12 items:
    (a) The results of the annual stack test, using appropriate units, 
for eight pollutants, as recorded under Sec.  62.15300(a):
    (1) Dioxins/furans.
    (2) Cadmium.
    (3) Lead.
    (4) Mercury.
    (5) Opacity.
    (6) Particulate matter.
    (7) Hydrogen chloride.
    (8) Fugitive ash.
    (b) A list of the highest average emission levels recorded, in the 
appropriate units. List these values for five pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device (4-hour block average).
    (c) The highest 6-minute opacity level measured. Base this value on 
all 6-minute average opacity levels recorded by your continuous opacity 
monitoring system (Sec.  62.15305(a)(1)).
    (d) For municipal waste combustion units that use activated carbon 
for controlling dioxins/furans or mercury emissions, include four 
records:
    (1) The average carbon feed rates recorded during the most recent 
dioxins/furans and mercury stack tests.
    (2) The lowest 8-hour block average carbon feed rate recorded during 
the year.
    (3) The total carbon purchased and delivered to the municipal waste 
combustion plant for each calendar quarter. If you choose to evaluate 
total carbon purchased and delivered on a municipal waste combustion 
unit basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant.
    (4) The required quarterly carbon usage of your municipal waste 
combustion plant calculated using the appropriate equation in Sec.  
62.15390(f). If you choose to evaluate required quarterly usage for 
carbon on a municipal waste combustion unit basis, record the required 
quarterly usage for each municipal waste combustion unit at your plant.
    (e) The total number of days that you did not obtain the minimum 
number of hours of data for six pollutants or parameters. Include the 
reasons you did not obtain the data and corrective actions that you have 
taken to obtain the data in the future. Include data on:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (f) The number of hours you have excluded data from the calculation 
of average levels (include the reasons for excluding it). Include data 
for six pollutants or parameters:
    (1) Sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, nitrogen 
oxides emissions.
    (3) Carbon monoxide emissions.
    (4) Load level of the municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of the particulate 
matter air pollution control device.
    (6) Carbon feed rate.
    (g) A notice of your intent to begin a reduced stack testing 
schedule for dioxins/furans emissions during the following calendar year 
if you are eligible for alternative scheduling (Sec.  62.15250(a) or 
(b)).
    (h) A notice of your intent to begin a reduced stack testing 
schedule for other pollutants during the following calendar year if you 
are eligible for alternative scheduling (Sec.  62.15250(a)).

[[Page 553]]

    (i) A summary of any emission or parameter level that did not meet 
the limits specified in this subpart.
    (j) A summary of the data in paragraphs (a) through (d) of this 
section from the year preceding the reporting year. This summary gives 
the Administrator a summary of the performance of the municipal waste 
combustion unit over a 2-year period.
    (k) If you choose to monitor carbon dioxide instead of oxygen as a 
diluent gas, documentation of the relationship between oxygen and carbon 
dioxide, as specified in Sec.  62.15200.
    (l) Documentation of periods when all certified chief facility 
operators and certified shift supervisors are offsite for more than 12 
hours.



Sec.  62.15345  What must I do if I am out of compliance with these
standards?

    You must submit a semiannual report on any recorded emission or 
parameter level that does not meet the requirements specified in this 
subpart.



Sec.  62.15350  If a semiannual report is required, when must I submit it?

    (a) For data collected during the first half of a calendar year, 
submit your semiannual report by August 1 of that year.
    (b) For data you collected during the second half of the calendar 
year, submit your semiannual report by February 1 of the following year.



Sec.  62.15355  What must I include in the semiannual out-of-compliance
reports?

    You must include three items in the semiannual report:
    (a) For any of the following six pollutants or parameters that 
exceeded the limits specified in this subpart, include the calendar date 
they exceeded the limits, the averaged and recorded data for that date, 
the reasons for exceeding the limits, and your corrective actions:
    (1) Concentration or percent reduction of sulfur dioxide emissions.
    (2) For Class I municipal waste combustion units only, concentration 
of nitrogen oxides emissions.
    (3) Concentration of carbon monoxide emissions.
    (4) Load level of your municipal waste combustion unit.
    (5) Temperature of the flue gases at the inlet of your particulate 
matter air pollution control device.
    (6) Average 6-minute opacity level. The data obtained from your 
continuous opacity monitoring system are not used to determine 
compliance with the limit on opacity emissions.
    (b) If the results of your annual stack tests (as recorded in Sec.  
62.15300(a)) show emissions above the limits specified in table 2 or 4 
of this subpart as applicable for dioxins/furans, cadmium, lead, 
mercury, particulate matter, opacity, hydrogen chloride, and fugitive 
ash, include a copy of the test report that documents the emission 
levels and your corrective actions.
    (c) For municipal waste combustion units that apply activated carbon 
to control dioxins/furans or mercury emissions, include two items:
    (1) Documentation of all dates when the 8-hour block average carbon 
feed rate (calculated from the carbon injection system operating 
parameter) is less than the highest carbon feed rate established during 
the most recent mercury and dioxins/furans stack test (as specified in 
Sec.  62.15310(a)(1)). Include four items:
    (i) Eight-hour average carbon feed rate.
    (ii) Reasons for these occurrences of low carbon feed rates.
    (iii) The corrective actions you have taken to meet the carbon feed 
rate requirement.
    (iv) The calendar date.
    (2) Documentation of each quarter when total carbon purchased and 
delivered to the municipal waste combustion plant is less than the total 
required quarterly usage of carbon. If you choose to evaluate total 
carbon purchased and delivered on a municipal waste combustion unit 
basis, record the total carbon purchased and delivered for each 
individual municipal waste combustion unit at your plant. Include five 
items:
    (i) Amount of carbon purchased and delivered to the plant.
    (ii) Required quarterly usage of carbon.
    (iii) Reasons for not meeting the required quarterly usage of 
carbon.

[[Page 554]]

    (iv) The corrective actions you have taken to meet the required 
quarterly usage of carbon.
    (v) The calendar date.



Sec.  62.15360  Can reporting dates be changed?

    (a) If the Administrator agrees, you may change the semiannual or 
annual reporting dates.
    (b) See Sec.  60.19(c) in subpart A of 40 CFR part 60 for procedures 
to seek approval to change your reporting date.

        Air Curtain Incinerators that Burn 100 Percent Yard Waste



Sec.  62.15365  What is an air curtain incinerator?

    An air curtain incinerator operates by forcefully projecting a 
curtain of air across an open chamber or open pit in which combustion 
occurs. Incinerators of this type can be constructed above or below 
ground and with or without refractory walls and floor.



Sec.  62.15370  What is yard waste?

    Yard waste is grass, grass clippings, bushes, shrubs, and clippings 
from bushes and shrubs. They come from residential, commercial/retail, 
institutional, or industrial sources as part of maintaining yards or 
other private or public lands. Yard waste does not include two items:
    (a) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in Sec.  62.15410.
    (b) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in Sec.  62.15410 of this subpart.



Sec.  62.15375  What are the emission limits for air curtain incinerators
that burn 100 percent yard waste?

    If your air curtain incinerator combusts 100 percent yard waste, you 
must meet only the emission limits in this section.
    (a) Within 180 days after your final compliance date, you must meet 
two limits:
    (1) The opacity limit is 10 percent (6-minute average) for air 
curtain incinerators that can combust at least 35 tons per day of yard 
waste and no more than 250 tons per day of yard waste.
    (2) The opacity limit is 35 percent (6-minute average) during the 
startup period that is within the first 30 minutes of operation.
    (b) Except during malfunctions, the requirements of this subpart 
apply at all times. Each malfunction must not exceed 3 hours.



Sec.  62.15380  How must I monitor opacity for air curtain incinerators
that burn 100 percent yard waste?

    (a) Use EPA Reference Method 9 in appendix A of 40 CFR part 60 to 
determine compliance with the opacity limit.
    (b) Conduct an initial test for opacity as specified in Sec.  60.8 
of subpart A of 40 CFR part 60.
    (c) After the initial test for opacity, conduct annual tests no more 
than 13 calendar months following the date of your previous test.



Sec.  62.15385  What are the recordkeeping and reporting requirements for
air curtain incinerators that burn 100 percent yard waste?

    (a) Provide a notice of construction that includes four items:
    (1) Your intent to construct the air curtain incinerator.
    (2) Your planned initial startup date.
    (3) Types of fuels you plan to combust in your air curtain 
incinerator.
    (4) The capacity of your incinerator, including supporting capacity 
calculations, as specified in Sec.  62.15390 (d) and (e).
    (b) Keep records of results of all opacity tests onsite in either 
paper copy or electronic format unless the Administrator approves 
another format.
    (c) Keep all records for each incinerator for at least 5 years.
    (d) Make all records available for submittal to the Administrator or 
for onsite review by an inspector.
    (e) Submit the results (each 6-minute average) of the opacity tests 
by February 1 of the year following the year of the opacity emission 
test.
    (f) Submit reports as a paper copy on or before the applicable 
submittal date. If the Administrator agrees, you may submit reports on 
electronic media.
    (g) If the Administrator agrees, you may change the annual reporting 
dates (see Sec.  60.19(c) in subpart A of 40 CFR part 60).

[[Page 555]]

    (h) Keep a copy of all reports onsite for a period of 5 years.

                                Equations



Sec.  62.15390  What equations must I use?

    (a) Concentration correction to 7 percent oxygen. Correct any 
pollutant concentration to 7 percent oxygen using equation 1 of this 
section:
[GRAPHIC] [TIFF OMITTED] TR31JA03.000

Where:

C7% = concentration corrected to 7 percent oxygen.
Cunc = uncorrected pollutant concentration.
CO2 = concentration of oxygen (%).

    (b) Percent reduction in potential mercury emissions. Calculate the 
percent reduction in potential mercury emissions (%PHg) using 
equation 2 of this section:
[GRAPHIC] [TIFF OMITTED] TR31JA03.001

Where:

%PHg = percent reduction of potential mercury emissions
Ei = mercury emission concentration as measured at the air 
          pollution control device inlet, corrected to 7 percent oxygen, 
          dry basis
Eo = mercury emission concentration as measured at the air 
          pollution control device outlet, corrected to 7 percent 
          oxygen, dry basis

    (c) Percent reduction in potential hydrogen chloride emissions. 
Calculate the percent reduction in potential hydrogen chloride emissions 
(%PHCl) using equation 3 of this section:
[GRAPHIC] [TIFF OMITTED] TR31JA03.002

Where:

%PHCl = percent reduction of the potential hydrogen chloride 
          emissions
Ei = hydrogen chloride emission concentration as measured at 
          the air pollution control device inlet, corrected to 7 percent 
          oxygen, dry basis
Eo = hydrogen chloride emission concentration as measured at 
          the air pollution control device outlet, corrected to 7 
          percent oxygen, dry basis

    (d) Capacity of a municipal waste combustion unit. For a municipal 
waste combustion unit that can operate continuously for 24-hour periods, 
calculate the capacity of the municipal waste combustion unit based on 
24 hours of operation at the maximum charge rate. To determine the 
maximum charge rate, use one of two methods:
    (1) For municipal waste combustion units with a design based on heat 
input capacity, calculate the maximum charging rate based on this 
maximum heat input capacity and one of two heating values:
    (i) If your municipal waste combustion unit combusts refuse-derived 
fuel, use a heating value of 12,800 kilojoules per kilogram (5,500 
British thermal units per pound).
    (ii) If your municipal waste combustion unit combusts municipal 
solid waste, use a heating value of 10,500 kilojoules per kilogram 
(4,500 British thermal units per pound).
    (2) For municipal waste combustion units with a design not based on 
heat input capacity, use the maximum designed charging rate.

[[Page 556]]

    (e) Capacity of a batch municipal waste combustion unit. Calculate 
the capacity of a batch municipal waste combustion unit as the maximum 
design amount of municipal solid waste they can charge per batch 
multiplied by the maximum number of batches they can process in 24 
hours. Calculate this maximum number of batches by dividing 24 by the 
number of hours needed to process one batch. Retain fractional batches 
in the calculation. For example, if one batch requires 16 hours, the 
municipal waste combustion unit can combust 24/16, or 1.5 batches, in 24 
hours.
    (f) Quarterly carbon usage. If you use activated carbon to comply 
with the dioxins/furans or mercury limits, calculate the required 
quarterly usage of carbon using equation 4 or 5 of this section for 
plant basis or unit basis:
    (1) Plant basis.
    [GRAPHIC] [TIFF OMITTED] TR31JA03.003
    
Where:

C = required quarterly carbon usage for the plant in kilograms (or 
          pounds).
fi = required carbon feed rate for the municipal waste 
          combustion unit in kilograms (or pounds) per hour. This is the 
          average carbon feed rate during the most recent mercury or 
          dioxins/furans stack tests (whichever has a higher feed rate).
hi = number of hours the municipal waste combustion unit was 
          in operation during the calendar quarter (hours).
n = number of municipal waste combustion units, i, located at your 
          plant.

    (2) Unit basis.
    [GRAPHIC] [TIFF OMITTED] TR31JA03.004
    
Where:

C = required quarterly carbon usage for the unit in kilograms (or 
          pounds).
f = required carbon feed rate for the municipal waste combustion unit in 
          kilograms (or pounds) per hour. This is the average carbon 
          feed rate during the most recent mercury or dioxins/furans 
          stack tests (whichever has a higher feed rate).
h = number of hours the municipal waste combustion unit was in operation 
          during the calendar quarter (hours).

                          Title V Requirements



Sec.  62.15395  Does this subpart require me to obtain an operating permit
under title V of the Clean Air Act?

    Yes. If you are subject to this subpart on the effective date of 
this subpart or any time thereafter, you are required to apply for and 
obtain a title V operating permit.



Sec.  62.15400  When must I submit a title V permit application for my 
existing small municipal waste combustion unit?

    (a) You must submit a complete title V permit application within 12 
months of when your source first becomes subject to a title V permitting 
program. See 40 CFR 70.3(a) and (b), 70.5(a)(1), 71.3(a) and (b), and 
71.5(a)(1). As provided in section 503(c) of the Clean Air Act, 
permitting authorities may establish permit application deadlines 
earlier than the 12-month deadline.
    (b) If your existing small MWC unit is not subject to an earlier 
permit application deadline, a complete title V permit application must 
be submitted not later than the date 36 months after promulgation of 40 
CFR part 60, subpart BBBB (December 6, 2003), or by the effective date 
of the applicable State, tribal, or Federal operating permits program, 
whichever is later. For any existing small MWC unit not subject to an 
earlier application deadline, this final application deadline applies 
regardless of when this Federal plan is effective, or when the relevant 
State or Tribal section 111(d)/129 plan is approved by EPA and becomes 
effective. See sections 129(e), 503(c), 503(d), and 502(a) of the Clean 
Air Act.
    (c) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority under 
section 503(d) of the Clear Air Act and 40 CFR 70.5(a)(2) or 71.5(a)(2). 
You must submit a complete permit application by the relevant 
application deadline in order to operate after this date in compliance 
with Federal law. See sections 503(d) and 502(a); 40 CFR 70.7(b) and 
71.7(b).

[[Page 557]]

                         Delegation of Authority



Sec.  62.15405  What authorities are retained by the Administrator?

    These authorities are retained by the EPA Administrator and not 
transferred to the State upon delegation of authority to the State to 
implement and enforce this subpart.
    (a) Approval of alternative non-opacity emission standard;
    (b) Approval of alternative opacity standard;
    (c) Approval of major alternatives to test methods;
    (d) Approval of major alternatives to monitoring;
    (e) Waiver of recordkeeping; and
    (f) Approval of exemption to operating practice requirements in 
Sec.  62.15145(e)(5).

                               Definitions



Sec.  62.15410  What definitions must I know?

    Terms used but not defined in this section are defined in the Clean 
Air Act and in subparts A and B of 40 CFR part 60.
    Administrator means the Administrator of the U.S. Environmental 
Protection Agency or his/her authorized representative or the 
Administrator of a State Air Pollution Control Agency.
    Air curtain incinerator means an incinerator that operates by 
forcefully projecting a curtain of air across an open chamber or pit in 
which combustion occurs. Incinerators of this type can be constructed 
above or below ground and with or without refractory walls and floor.
    Batch municipal waste combustion unit means a municipal waste 
combustion unit designed so it cannot combust municipal solid waste 
continuously 24 hours per day because the design does not allow waste to 
be fed to the unit or ash to be removed during combustion.
    Calendar quarter means three consecutive months (nonoverlapping) 
beginning on: January 1, April 1, July 1, or October 1.
    Calendar year means 365 consecutive days (or 366 consecutive days in 
leap years) starting on January 1 and ending on December 31.
    Chief facility operator means the person in direct charge and 
control of the operation of a municipal waste combustion unit. This 
person is responsible for daily onsite supervision, technical direction, 
management, and overall performance of the municipal waste combustion 
unit.
    Class I units mean small municipal waste combustion units subject to 
this subpart that are located at municipal waste combustion plants with 
an aggregate plant combustion capacity greater than 250 tons per day of 
municipal solid waste. See the definition of ``municipal waste 
combustion plant capacity'' for specification of which units at a plant 
site are included in the aggregate capacity calculation.
    Class II units mean small municipal combustion units subject to this 
subpart that are located at municipal waste combustion plants with 
aggregate plant combustion capacity less than or equal to 250 tons per 
day of municipal solid waste. See the definition of ``municipal waste 
combustion plant capacity'' for specification of which units at a plant 
site are included in the aggregate capacity calculation.
    Clean wood means untreated wood or untreated wood products including 
clean untreated lumber, tree stumps (whole or chipped), and tree limbs 
(whole or chipped). Clean wood does not include two items:
    (1) ``Yard waste'', which is defined in this section.
    (2) Construction, renovation, or demolition wastes (for example, 
railroad ties and telephone poles) that are exempt from the definition 
of municipal solid waste in this section.
    Cofired combustion unit means a unit that combusts municipal solid 
waste with nonmunicipal solid waste fuel (for example, coal, industrial 
process waste). To be considered a cofired combustion unit, the unit 
must be subject to a federally enforceable permit that limits it to 
combusting a fuel feed stream which is 30 percent or less (by weight) 
municipal solid waste as measured each calendar quarter.
    Continuous burning means the continuous, semicontinuous, or batch 
feeding of municipal solid waste to dispose of the waste, produce 
energy, or provide heat to the combustion system in preparation for 
waste disposal or energy production. Continuous burning does

[[Page 558]]

not mean the use of municipal solid waste solely to thermally protect 
the grate or hearth during the startup period when municipal solid waste 
is not fed to the grate or hearth.
    Continuous emission monitoring system means a monitoring system that 
continuously measures the emissions of a pollutant from a municipal 
waste combustion unit.
    Contract means a legally binding agreement or obligation that cannot 
be canceled or modified without substantial financial loss.
    De-rate means to make a permanent physical change to the municipal 
waste combustor unit that reduces the maximum combustion capacity of the 
unit to less than or equal to 35 tons per day of municipal solid waste. 
A permit restriction or a change in the method of operation does not 
qualify as de-rating.
    Dioxins/furans mean tetra- through octachlorinated dibenzo-p-dioxins 
and dibenzofurans.
    Effective date of State plan approval means the effective date that 
the EPA approves the State plan. The Federal Register specifies this 
date in the notice that announces EPA's approval of the State plan.
    Eight-hour block average means the average of all hourly emission 
concentrations or parameter levels when the municipal waste combustion 
unit operates and combusts municipal solid waste measured over any of 
three 8-hour periods of time:
    (1) 12 midnight to 8 a.m.
    (2) 8 a.m. to 4 p.m.
    (3) 4 p.m. to 12 midnight.
    EPA-approved State plan means a State plan that EPA has reviewed and 
approved based on the requirements in 40 CFR part 60 subpart B to 
implement and enforce 40 CFR part 60, subpart BBBB. An approved State 
plan becomes effective on the date specified in the notice published in 
the Federal Register announcing EPA's approval.
    Federally enforceable means all limits and conditions the 
Administrator can enforce (including the requirements of 40 CFR parts 
60, 61, and 63), requirements in a State's implementation plan, and any 
permit requirements established under 40 CFR 52.21 or under 40 CFR 51.18 
and 40 CFR 51.24.
    First calendar half means the period that starts on January 1 and 
ends on June 30 in any year.
    Fluidized bed combustion unit means a unit where municipal waste is 
combusted in a fluidized bed of material. The fluidized bed material may 
remain in the primary combustion zone or may be carried out of the 
primary combustion zone and returned through a recirculation loop.
    Four-hour block average or 4-hour block average means the average of 
all hourly emission concentrations or parameter levels when the 
municipal waste combustion unit operates and combusts municipal solid 
waste measured over any of six 4-hour periods:
    (1) 12 midnight to 4 a.m.
    (2) 4 a.m. to 8 a.m.
    (3) 8 a.m. to 12 noon.
    (4) 12 noon to 4 p.m.
    (5) 4 p.m. to 8 p.m.
    (6) 8 p.m. to 12 midnight.
    Mass burn refractory municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a refractory wall furnace. Unless otherwise specified, this 
includes municipal waste combustion units with a cylindrical rotary 
refractory wall furnace.
    Mass burn rotary waterwall municipal waste combustion unit means a 
field-erected municipal waste combustion unit that combusts municipal 
solid waste in a cylindrical rotary waterwall furnace.
    Mass burn waterwall municipal waste combustion unit means a field-
erected municipal waste combustion unit that combusts municipal solid 
waste in a waterwall furnace.
    Maximum demonstrated load of a municipal waste combustion unit means 
the highest 4-hour block arithmetic average municipal waste combustion 
unit load achieved during 4 consecutive hours in the course of the most 
recent dioxins/furans stack test that demonstrates compliance with the 
applicable emission limit for dioxins/furans specified in this subpart.
    Maximum demonstrated temperature of the particulate matter control 
device means the highest 4-hour block arithmetic average flue gas 
temperature measured at the inlet of the particulate matter control 
device during 4

[[Page 559]]

consecutive hours in the course of the most recent stack test for 
dioxins/furans emissions that demonstrates compliance with the limits 
specified in this subpart.
    Medical/infectious waste means any waste meeting the definition of 
medical/infectious waste contained in 40 CFR 60.51c of subpart Ec.
    Mixed fuel-fired (pulverized coal/refuse-derived fuel) combustion 
unit means a combustion unit that combusts coal and refuse-derived fuel 
simultaneously, in which pulverized coal is introduced into an air 
stream that carries the coal to the combustion chamber of the unit where 
it is combusted in suspension. This includes both conventional 
pulverized coal and micropulverized coal.
    Modification or modified municipal waste combustion unit means a 
municipal waste combustion unit you have changed later than June 6, 
2001, and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50 percent of the original cost of building and installing the 
unit (not including the cost of land) updated to current costs.
    (2) Any physical change in the municipal waste combustion unit or 
change in the method of operating it that increases the emission level 
of any air pollutant for which standards have been established under 
section 129 or section 111 of the Clean Air Act. Increases in the 
emission level of any air pollutant are determined when the municipal 
waste combustion unit operates at 100 percent of its physical load 
capability and are measured downstream of all air pollution control 
devices. Load restrictions based on permits or other nonphysical 
operational restrictions cannot be considered in this determination.
    Modular excess-air municipal waste combustion unit means a municipal 
waste combustion unit that combusts municipal solid waste, is not field-
erected, and has multiple combustion chambers, all of which are designed 
to operate at conditions with combustion air amounts in excess of 
theoretical air requirements.
    Modular starved-air municipal waste combustion unit means a 
municipal waste combustion unit that combusts municipal solid waste, is 
not field-erected, and has multiple combustion chambers in which the 
primary combustion chamber is designed to operate at substoichiometric 
conditions.
    Municipal solid waste or municipal-type solid waste means household, 
commercial/retail, or institutional waste. Household waste includes 
material discarded by residential dwellings, hotels, motels, and other 
similar permanent or temporary housing. Commercial/retail waste includes 
material discarded by stores, offices, restaurants, warehouses, 
nonmanufacturing activities at industrial facilities, and other similar 
establishments or facilities. Institutional waste includes materials 
discarded by schools, by hospitals (nonmedical), by nonmanufacturing 
activities at prisons and government facilities, and other similar 
establishments or facilities. Household, commercial/retail, and 
institutional waste does include yard waste and refuse-derived fuel. 
Household, commercial/retail, and institutional waste does not include 
used oil; sewage sludge; wood pallets; construction, renovation, and 
demolition wastes (which include railroad ties and telephone poles); 
clean wood; industrial process or manufacturing wastes; medical waste; 
or motor vehicles (including motor vehicle parts or vehicle fluff).
    Municipal waste combustion plant means one or more municipal waste 
combustion units at the same location as specified under ``Applicability 
of State Plans'' (Sec.  62.15010(a)).
    Municipal waste combustion plant capacity means the aggregate 
municipal waste combustion capacity of all municipal waste combustion 
units at the plant that are not subject to subparts Ea, Eb, or AAAA of 
40 CFR part 60.
    Municipal waste combustion unit means any setting or equipment that 
combusts solid, liquid, or gasified municipal solid waste including, but 
not limited to, field-erected combustion units (with or without heat 
recovery), modular combustion units (starved-air or excess-air), boilers 
(for example, steam generating units), furnaces (whether suspension-
fired, grate-fired, mass-fired, air curtain incinerators, or

[[Page 560]]

fluidized bed-fired), and pyrolysis/combustion units. Two criteria 
further define these municipal waste combustion units:
    (1) Municipal waste combustion units do not include pyrolysis or 
combustion units located at a plastics or rubber recycling unit as 
specified under Sec.  62.15020(h) and (i). Municipal waste combustion 
units do not include cement kilns that combust municipal solid waste as 
specified under Sec.  62.15020(j). Municipal waste combustion units also 
do not include internal combustion engines, gas turbines, or other 
combustion devices that combust landfill gases collected by landfill gas 
collection systems.
    (2) The boundaries of a municipal waste combustion unit are defined 
as follows. The municipal waste combustion unit includes, but is not 
limited to, the municipal solid waste fuel feed system, grate system, 
flue gas system, bottom ash system, and the combustion unit water 
system. The municipal waste combustion unit does not include air 
pollution control equipment, the stack, water treatment equipment, or 
the turbine-generator set. The municipal waste combustion unit boundary 
starts at the municipal solid waste pit or hopper and extends through 
three areas:
    (i) The combustion unit flue gas system, which ends immediately 
after the heat recovery equipment or, if there is no heat recovery 
equipment, immediately after the combustion chamber.
    (ii) The combustion unit bottom ash system, which ends at the truck 
loading station or similar equipment that transfers the ash to final 
disposal. It includes all ash handling systems connected to the bottom 
ash handling system.
    (iii) The combustion unit water system, which starts at the feed 
water pump and ends at the piping that exits the steam drum or 
superheater.
    Particulate matter means total particulate matter emitted from 
municipal waste combustion units as measured by EPA Reference Method 5 
in appendix A of 40 CFR part 60 and the procedures specified in Sec.  
62.15245.
    Plastics or rubber recycling unit means an integrated processing 
unit for which plastics, rubber, or rubber tires are the only feed 
materials (incidental contaminants may be in the feed materials). These 
materials are processed and marketed to become input feed stock for 
chemical plants or petroleum refineries. The following three criteria 
further define a plastics or rubber recycling unit:
    (1) Each calendar quarter, the combined weight of the feed stock 
that a plastics or rubber recycling unit produces must be more than 70 
percent of the combined weight of the plastics, rubber, and rubber tires 
that recycling unit processes.
    (2) The plastics, rubber, or rubber tires fed to the recycling unit 
may originate from separating or diverting plastics, rubber, or rubber 
tires from municipal or industrial solid waste. These feed materials may 
include manufacturing scraps, trimmings, and off-specification plastics, 
rubber, and rubber tire discards.
    (3) The plastics, rubber, and rubber tires fed to the recycling unit 
may contain incidental contaminants (for example, paper labels on 
plastic bottles or metal rings on plastic bottle caps).
    Potential hydrogen chloride emissions means the level of emissions 
from a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Potential mercury emissions means the level of emissions from a 
municipal waste combustion unit that would occur from combusting 
municipal solid waste without controls for mercury emissions.
    Potential sulfur dioxide emissions means the level of emissions from 
a municipal waste combustion unit that would occur from combusting 
municipal solid waste without emission controls for acid gases.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    Pyrolysis/combustion unit means a unit that produces gases, liquids, 
or solids by heating municipal solid waste. The gases, liquids, or 
solids produced are combusted and the emissions vented to the 
atmosphere.

[[Page 561]]

    Reconstruction means rebuilding a municipal waste combustion unit 
and meeting two criteria:
    (1) The reconstruction begins on or after June 6, 2001.
    (2) The cumulative cost of the construction over the life of the 
unit exceeds 50 percent of the original cost of building and installing 
the municipal waste combustion unit (not including land) updated to 
current costs (current dollars). To determine what systems are within 
the boundary of the municipal waste combustion unit used to calculate 
these costs, see the definition of ``municipal waste combustion unit'' 
in this section.
    Refractory unit or refractory wall furnace means a municipal waste 
combustion unit that has no energy recovery (such as through a 
waterwall) in the furnace of the municipal waste combustion unit.
    Refuse-derived fuel means a type of municipal solid waste produced 
by processing municipal solid waste through shredding and size 
classification. This includes all classes of refuse-derived fuel 
including two fuels:
    (1) Low-density fluff refuse-derived fuel through densified refuse-
derived fuel.
    (2) Pelletized refuse-derived fuel.
    Same location means the same or contiguous properties under common 
ownership or control, including those separated only by a street, road, 
highway, or other public right-of-way. Common ownership or control 
includes properties that are owned, leased, or operated by the same 
entity, parent entity, subsidiary, subdivision, or any combination 
thereof. Entities may include a municipality, other governmental unit, 
or any quasi-governmental authority (for example, a public utility 
district or regional authority for waste disposal).
    Second calendar half means the period that starts on July 1 and ends 
on December 31 in any year.
    Shift supervisor means the person who is in direct charge and 
control of operating a municipal waste combustion unit and who is 
responsible for onsite supervision, technical direction, management, and 
overall performance of the municipal waste combustion unit during an 
assigned shift.
    Spreader stoker, mixed fuel-fired (coal/refuse-derived fuel) 
combustion unit means a municipal waste combustion unit that combusts 
coal and refuse-derived fuel simultaneously, in which coal is introduced 
to the combustion zone by a mechanism that throws the fuel onto a grate 
from above. Combustion takes place both in suspension and on the grate.
    Standard conditions when referring to units of measure mean a 
temperature of 20 [deg]C and a pressure of 101.3 kilopascals.
    Startup period means the period when a municipal waste combustion 
unit begins the continuous combustion of municipal solid waste. It does 
not include any warmup period during which the municipal waste 
combustion unit combusts fossil fuel or other solid waste fuel but 
receives no municipal solid waste.
    State means any of the 50 United States and the protectorates of the 
United States.
    State plan means a plan submitted pursuant to section 111(d) and 
section 129(b)(2) of the Clean Air Act and 40 CFR part 60, subpart B, 
that implements and enforces 40 CFR part 60, subpart BBBB.
    Stoker (refuse-derived fuel) combustion unit means a steam 
generating unit that combusts refuse-derived fuel in a semisuspension 
combusting mode, using air-fed distributors.
    Total mass dioxins/furans or total mass means the total mass of 
tetra-through octachlorinated dibenzo-p-dioxins and dibenzofurans as 
determined using EPA Reference Method 23 in appendix A of 40 CFR part 60 
and the procedures specified in Sec.  62.15245.
    Tribal plan means a plan submitted by a tribal authority pursuant to 
40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 CFR 
part 60 subpart BBBB.
    Twenty-four hour daily average or 24-hour daily average means either 
the arithmetic mean or geometric mean (as specified) of all hourly 
emission concentrations when the municipal waste combustion unit 
operates and combusts municipal solid waste measured during the 24 hours 
between 12:00 midnight and the following midnight.

[[Page 562]]

    Untreated lumber means wood or wood products that have been cut or 
shaped and include wet, air-dried, and kiln-dried wood products. 
Untreated lumber does not include wood products that have been painted, 
pigment-stained, or pressure-treated by compounds such as chromate 
copper arsenate, pentachlorophenol, and creosote.
    Waterwall furnace means a municipal waste combustion unit that has 
energy (heat) recovery in the furnace (for example, radiant heat 
transfer section) of the combustion unit.
    Yard waste means grass, grass clippings, bushes, shrubs, and 
clippings from bushes and shrubs. They come from residential, 
commercial/retail, institutional, or industrial sources as part of 
maintaining yards or other private or public lands. Yard waste does not 
include two items:
    (1) Construction, renovation, and demolition wastes that are exempt 
from the definition of ``municipal solid waste'' in this section.
    (2) Clean wood that is exempt from the definition of ``municipal 
solid waste'' in this section.



Sec. Table 1 to Subpart JJJ of Part 62--Generic Compliance Schedules and 
                         Increments of Progress
[GRAPHIC] [TIFF OMITTED] TR31JA03.005


[[Page 563]]





  Sec. Table 2 to Subpart JJJ of Part 62--Class I Emission Limits for 
            Existing Small Municipal Waste Combustion Limits
[GRAPHIC] [TIFF OMITTED] TR31JA03.006


[[Page 564]]


[GRAPHIC] [TIFF OMITTED] TR31JA03.007



Sec. Table 3 to Subpart JJJ of Part 62--Class I Nitrogen Oxides Emission 
   Limits for Existing Small Municipal Waste Combustion Units \a b c\
[GRAPHIC] [TIFF OMITTED] TR31JA03.008


[[Page 565]]





  Sec. Table 4 to Subpart JJJ of Part 62--Class II Emission Limits for 
           Existing Small Municipal Waste Combustion Units\a\
[GRAPHIC] [TIFF OMITTED] TR31JA03.009


[[Page 566]]


[GRAPHIC] [TIFF OMITTED] TR31JA03.010


[[Page 567]]





Sec. Table 5 to Subpart JJJ of Part 62--Carbon Monoxide Emission Limits 
           for Existing Small Municipal Waste Combustion Units
[GRAPHIC] [TIFF OMITTED] TR31JA03.011


[[Page 568]]





  Sec. Table 6 to Subpart JJJ of Part 62--Requirements for Validating 
              Continuous Emission Monitoring Systems (CEMS)
[GRAPHIC] [TIFF OMITTED] TR31JA03.012


[[Page 569]]





  Sec. Table 7 to Subpart JJJ of Part 62--Requirements for Continuous 
                 Emission Monitoring Systems (CEMS) \a\
[GRAPHIC] [TIFF OMITTED] TR31JA03.013


[[Page 570]]





  Sec. Table 8 to Subpart JJJ of Part 62--Requirements for Stack Tests
[GRAPHIC] [TIFF OMITTED] TR31JA03.014


[[Page 571]]


[GRAPHIC] [TIFF OMITTED] TR31JA03.015


[[Page 572]]





    Sec. Table 9 to Subpart JJJ of Part 62--Site-specific Compliance 
                  Schedules and Increments of Progress
[GRAPHIC] [TIFF OMITTED] TR31JA03.016

Subpart KKK [Reserved]



  Subpart LLL_Federal Plan Requirements for Sewage Sludge Incineration 
             Units Constructed on or Before October 14, 2010

    Source: 81 FR 26063, Apr. 29, 2016, unless otherwise noted.

                              Applicability



Sec.  62.15855  Am I subject to this subpart?

    (a) You are subject to this subpart if your SSI unit meets all three 
criteria described in paragraphs (a)(1) through (3) of this section.
    (1) You own or operate an SSI unit(s) that commenced construction on 
or before October 14, 2010.
    (2) You own or operate an SSI unit(s) that meet the definition of an 
SSI unit as defined in Sec.  62.16045.
    (3) You own or operate an SSI unit(s) not exempt under Sec.  
62.15860.
    (b) If you own or operator an SSI unit(s) and make changes that meet 
the definition of modification after September 21, 2011, the SSI unit 
becomes subject to 40 CFR part 60, subpart LLLL, and the federal plan no 
longer applies to that unit.
    (c) If you own or operate an SSI unit(s) and make physical or 
operational changes to the SSI unit(s) for which construction commenced 
on or before September 21, 2011 primarily to comply with the federal 
plan, 40 CFR part 60, subpart LLLL, does not apply to the unit(s). Such 
changes do not qualify as modifications under 40 CFR part 60, subpart 
LLLL.

[[Page 573]]



Sec.  62.15860  What SSI units are exempt from the federal plan?

    This subpart exempts combustion units that incinerate sewage sludge 
and are not located at a wastewater treatment facility designed to treat 
domestic sewage sludge. These units may be subject to another subpart of 
this part (e.g., subpart III of this part). If you own or operate such a 
combustion unit, you must notify the Administrator of an exemption claim 
under this section.



Sec.  62.15865  How do I determine if my SSI unit is covered by an approved
and effective state or tribal plan?

    This part contains a list of all states and tribal areas with 
approved Clean Air Act (CAA) section 111(d)/129 plans in effect. 
However, this part is only updated once a year. Thus, if this part does 
not indicate that your state or tribal area has an approved and 
effective plan, you should contact your state environmental agency's air 
director or your EPA regional office to determine if approval occurred 
since publication of the most recent version of this part. A state may 
also meet its CAA section 111(d)/129 obligations by submitting an 
acceptable written request for delegation of the federal plan that meets 
the requirements of this section. This is the only other option for a 
state to meet its 111(d)/129 obligations.
    (a) An acceptable federal plan delegation request must include the 
following:
    (1) A demonstration of adequate resources and legal authority to 
administer and enforce the federal plan.
    (2) The items under Sec.  60.5015(a)(1), (2), and (7) of this 
chapter.
    (3) Certification that the hearing on the state delegation request, 
similar to the hearing for a state plan submittal, was held, a list of 
witnesses and their organizational affiliations, if any, appearing at 
the hearing, and a brief written summary of each presentation or written 
submission.
    (4) A commitment to enter into a Memorandum of Agreement with the 
Regional Administrator who sets forth the terms, conditions and 
effective date of the delegation and that serves as the mechanism for 
the transfer of authority. Additional guidance and information is given 
in the EPA's ``Delegations Manual, Item 7-139, Implementation and 
Enforcement of 111(d)(2) and 111(d)(2)/129(b)(3) federal plans.''
    (b) A state with an already approved SSI CAA section 111(d)/129 
state plan is not precluded from receiving EPA approval of a delegation 
request for the federal plan, providing the requirements of paragraph 
(a) of this section are met, and at the time of the delegation request, 
the state also requests withdrawal of the EPA's previous state plan 
approval.
    (c) A state's CAA section 111(d)/129 obligations are separate from 
its obligations under title V of the CAA.



Sec.  62.15870  If my SSI unit is not listed on the federal plan inventory,
am I exempt from this subpart?

    Not necessarily. Sources subject to this subpart include, but are 
not limited to, the inventory of sources listed in Docket ID Number EPA-
HQ-OAR-2012-0319 for the federal plan. Review the applicability of Sec.  
62.15855 to determine if you are subject to this subpart.

                          Compliance Schedules



Sec.  62.15875  What is my final compliance date?

    Except as provided in paragraph (b) of this section, you must submit 
a final control plan and achieve final compliance specified by the date 
in paragraph (a) of this section:
    (a) March 21, 2016, as specified in Table 1 of this subpart.
    (b) March 21, 2017, for East Bank Wastewater Treatment Plant, 6501 
Florida Avenue, New Orleans, Louisiana 70117, and for the Bayshore 
Regional Wastewater Treatment Plant, 100 Oak Street, Union Beach, New 
Jersey 07735.



Sec.  62.15880  [Reserved]



Sec.  62.15885  What must I include in the notifications of achievement 
of compliance?

    Your notification of achievement of compliance must include the 
three items specified in paragraphs (a) through (c) of this section:

[[Page 574]]

    (a) Notification that the final control plan has been submitted and 
final compliance has been achieved;
    (b) Any items required to be submitted with the final control plan 
and final compliance; and
    (c) Signature of the owner or operator of the SSI unit.



Sec.  62.15890  When must I submit the notifications of achievement
of compliance?

    Notifications for achieving compliance must be postmarked no later 
than 10 business days after the compliance date.



Sec.  62.15895  What if I do not meet the compliance date?

    If you fail to submit a final control plan and achieve final 
compliance, you must submit a notification to the Administrator 
postmarked within 10 business days after the compliance date in Table 1 
to this subpart. You must inform the Administrator that you did not 
achieve compliance, and you must continue to submit reports each 
subsequent calendar month until a final control plan is submitted and 
final compliance is met. An SSI unit that operates out of compliance 
after the final compliance date would be in violation of the federal 
plan and subject to enforcement action.



Sec.  62.15900  How do I comply with the requirement for submittal of
a control plan?

    For your control plan, you must satisfy the two requirements 
specified in paragraphs (a) and (b) of this section.
    (a) Submit the final control plan to your EPA regional office and 
permitting authority or delegated authority that includes the four items 
described in paragraphs (a)(1) through (4) of this section:
    (1) A description of the devices for air pollution control and 
process changes that you will use to comply with the emission limits and 
standards and other requirements of this subpart;
    (2) The type(s) of waste to be burned, if waste other than sewage 
sludge is burned in the unit;
    (3) The maximum design sewage sludge burning capacity; and
    (4) If applicable, the petition for site-specific operating limits 
under Sec.  62.15965.
    (b) Maintain an onsite copy of the final control plan.



Sec.  62.15905  How do I achieve final compliance?

    For achieving final compliance, you must complete all process 
changes and retrofit construction of control devices, as specified in 
the final control plan, so that, if the affected SSI unit is brought 
online, all necessary process changes and air pollution control devices 
would operate as designed.



Sec.  62.15910  What must I do if I close my SSI unit and then restart it?

    (a) If you close your SSI unit but will restart it prior to the 
final compliance, you must submit a final control plan and achieve final 
compliance as specified in Sec.  62.15875.
    (b) If you close your SSI unit but will restart it after the final 
compliance date, you must complete emission control retrofits and meet 
the emission limits, emission standards, and operating limits on the 
date your unit restarts operation.



Sec.  62.15915  What must I do if I plan to permanently close my SSI unit
and not restart it?

    If you plan to close your SSI unit rather than comply with the 
federal plan, submit a closure notification, including the date of 
closure, to the Administrator by the date your final control plan is 
due.

                   Operator Training and Qualification



Sec.  62.15920  What are the operator training and qualification 
requirements?

    (a) An SSI unit cannot be operated unless a fully trained and 
qualified SSI unit operator is accessible, either at the facility or can 
be at the facility within 1 hour. The trained and qualified SSI unit 
operator may operate the SSI unit directly or be the direct supervisor 
of one or more other plant personnel who operate the unit. If all 
qualified SSI unit operators are temporarily not accessible, you must 
follow the procedures in Sec.  62.15945.
    (b) Operator training and qualification must be obtained through a 
state-

[[Page 575]]

approved program or by completing the requirements included in paragraph 
(c) of this section.
    (c) Training must be obtained by completing an incinerator operator 
training course that includes, at a minimum, the three elements 
described in paragraphs (c)(1) through (3) of this section:
    (1) Training on the 10 subjects listed in paragraphs (c)(1)(i) 
through (x) of this section:
    (i) Environmental concerns, including types of emissions;
    (ii) Basic combustion principles, including products of combustion;
    (iii) Operation of the specific type of incinerator to be used by 
the operator, including proper startup, sewage sludge feeding and 
shutdown procedures;
    (iv) Combustion controls and monitoring;
    (v) Operation of air pollution control equipment and factors 
affecting performance (if applicable);
    (vi) Inspection and maintenance of the incinerator and air pollution 
control devices;
    (vii) Actions to prevent malfunctions or to prevent conditions that 
may lead to malfunctions;
    (viii) Bottom and fly ash characteristics and handling procedures;
    (ix) Applicable federal, state and local regulations, including 
Occupational Safety and Health Administration workplace standards; and
    (x) Pollution prevention.
    (2) An examination designed and administered by the state-approved 
program or instructor administering the subjects in paragraph (c)(1) of 
this section.
    (3) Written material covering the training course topics that may 
serve as reference material following completion of the course.



Sec.  62.15925  When must the operator training course be completed?

    The operator training course must be completed by the later of the 
three dates specified in paragraphs (a) through (c) of this section:
    (a) The final compliance date;
    (b) Six months after your SSI unit startup; and
    (c) Six months after an employee assumes responsibility for 
operating the SSI unit or assumes responsibility for supervising the 
operation of the SSI unit.



Sec.  62.15930  How do I obtain my operator qualification?

    (a) You must obtain operator qualification by completing a training 
course that satisfies the criteria under Sec.  62.15920(b).
    (b) Qualification is valid from the date on which the training 
course is completed and the operator successfully passes the examination 
required under Sec.  62.15920(c)(2).



Sec.  62.15935  How do I maintain my operator qualification?

    To maintain qualification, you must complete an annual review or 
refresher course covering, at a minimum, the five topics described in 
paragraphs (a) through (e) of this section:
    (a) Update of regulations;
    (b) Incinerator operation, including startup and shutdown 
procedures, sewage sludge feeding and ash handling;
    (c) Inspection and maintenance;
    (d) Prevention of malfunctions or conditions that may lead to 
malfunction; and
    (e) Discussion of operating problems encountered by attendees.



Sec.  62.15940  How do I renew my lapsed operator qualification?

    You must renew a lapsed operator qualification before you begin 
operation of an SSI unit by one of the two methods specified in 
paragraphs (a) and (b) of this section:
    (a) For a lapse of less than 3 years, you must complete a standard 
annual refresher course described in Sec.  62.15935; and
    (b) For a lapse of 3 years or more, you must repeat the initial 
qualification requirements in Sec.  62.15920.



Sec.  62.15945  What if all the qualified operators are temporarily not
accessible?

    If a qualified operator is not at the facility and cannot be at the 
facility within 1 hour, you must meet the criteria specified in either 
paragraph (a) or (b) of this section, depending on the length of time 
that a qualified operator is not accessible:

[[Page 576]]

    (a) When a qualified operator is not accessible for more than 8 
hours, the SSI unit may be operated for less than 2 weeks by other plant 
personnel who are familiar with the operation of the SSI unit and who 
have completed a review of the information specified in Sec.  62.15950 
within the past 12 months. However, you must record the period when a 
qualified operator was not accessible and include this deviation in the 
annual report as specified under Sec.  62.16030(c).
    (b) When a qualified operator is not accessible for 2 weeks or more, 
you must take the two actions that are described in paragraphs (b)(1) 
and (2) of this section:
    (1) Notify the Administrator of this deviation in writing within 10 
days. In the notice, state what caused this deviation, what you are 
doing to ensure that a qualified operator is accessible, and when you 
anticipate that a qualified operator will be accessible; and
    (2) Submit a status report to the Administrator every 4 weeks 
outlining what you are doing to ensure that a qualified operator is 
accessible, stating when you anticipate that a qualified operator will 
be accessible and requesting approval from the Administrator to continue 
operation of the SSI unit. You must submit the first status report 4 
weeks after you notify the Administrator of the deviation under 
paragraph (b)(1) of this section:
    (i) If the Administrator notifies you that your request to continue 
operation of the SSI unit is disapproved, the SSI unit may continue 
operation for 30 days and then must cease operation; and
    (ii) Operation of the unit may resume if a qualified operator is 
accessible as required under Sec.  62.15920(a). You must notify the 
Administrator within 5 days of having resumed operations and of having a 
qualified operator accessible.



Sec.  62.15950  What site-specific documentation is required and how often
must it be reviewed by qualified operators and plant personnel?

    (a) You must maintain at the facility the documentation of the 
operator training procedures specified under Sec.  62.15920(c)(1) and 
make the documentation readily accessible to all SSI unit operators.
    (b) You must establish a program for reviewing the information 
listed in Sec.  62.15920(c)(1) with each qualified incinerator operator 
and other plant personnel who may operate the unit according to the 
provisions of Sec.  62.15945(a), according to the following schedule:
    (1) The initial review of the information listed in Sec.  
62.15920(c)(1) must be conducted by November 30, 2016, or prior to an 
employee's assumption of responsibilities for operation of the SSI unit, 
whichever date is later; and
    (2) Subsequent annual reviews of the information listed in Sec.  
62.15920(c)(1) must be conducted no later than 12 months following the 
previous review.

      Emission Limits, Emission Standards and Operating Limits and 
                              Requirements



Sec.  62.15955  What emission limits and standards must I meet and by when?

    You must meet the emission limits and standards specified in Table 2 
or 3 to this subpart by the final compliance date specified in Sec.  
62.15875. The emission limits and standards apply at all times the unit 
is operating and during periods of malfunction. The emission limits and 
standards apply to emissions from a bypass stack or vent while sewage 
sludge is in the combustion chamber (i.e., until the sewage sludge feed 
to the combustor has been cut off for a period of time not less than the 
sewage sludge incineration residence time).



Sec.  62.15960  What operating limits and requirements must I meet and
by when?

    You must meet, as applicable, the operating limits and requirements 
specified in paragraphs (a) through (d) and (h) of this section, 
according to the schedule specified in paragraph (e) of this section. 
The operating parameters for which you will establish operating limits 
for a wet scrubber, fabric filter, electrostatic precipitator or 
activated carbon injection are listed in Table 4 to this subpart. You 
must comply with

[[Page 577]]

the operating requirements in paragraph (f) of this section and the 
requirements in paragraph (g) of this section for meeting any new 
operating limits, re-established in Sec.  62.16005. The operating limits 
apply at all times that sewage sludge is in the combustion chamber 
(i.e., until the sewage sludge feed to the combustor has been cut off 
for a period of time not less than the sewage sludge incineration 
residence time):
    (a) You must meet a site-specific operating limit for minimum 
operating temperature of the combustion chamber (or afterburner 
combustion chamber) that you establish in Sec.  62.15985;
    (b) If you use a wet scrubber, electrostatic precipitator, activated 
carbon injection or afterburner to comply with an emission limit, you 
must meet the site-specific operating limits that you establish in Sec.  
62.15985 for each operating parameter associated with each air pollution 
control device;
    (c) If you use a fabric filter to comply with the emission limits, 
you must install the bag leak detection system specified in Sec. Sec.  
62.15995(b) and 62.16020(b)(3)(i) and operate the bag leak detection 
system such that the alarm does not sound more than 5-percent of the 
operating time during a 6-month period. You must calculate the alarm 
time as specified in Sec.  62.16005(a)(2)(i);
    (d) You must meet the operating requirements in your site-specific 
fugitive emission monitoring plan, submitted as specified in Sec.  
62.15995(d) to ensure that your ash handling system will meet the 
emission standard for fugitive emissions from ash handling;
    (e) You must meet the operating limits and requirements specified in 
paragraphs (a) through (d) of this section by the final compliance date 
specified in Sec.  62.15875;
    (f) You must monitor the feed rate and moisture content of the 
sewage sludge fed to the sewage sludge incinerator, as specified in 
paragraphs (f)(1) and (2) of this section:
    (1) Continuously monitor the sewage sludge feed rate and calculate a 
daily average for all hours of operation during each 24-hour period. 
Keep a record of the daily average feed rate, as specified in Sec.  
62.16025(f)(3)(ii); and
    (2) Take at least one grab sample per day of the sewage sludge fed 
to the sewage sludge incinerator. If you take more than one grab sample 
in a day, calculate the daily average for the grab samples. Keep a 
record of the daily average moisture content, as specified in Sec.  
62.16025(f)(3)(ii).
    (g) For the operating limits and requirements specified in 
paragraphs (a) through (d) and (h) of this section, you must meet any 
new operating limits and requirements, re-established according to Sec.  
62.16005(d)); and
    (h) If you use an air pollution control device other than a wet 
scrubber, fabric filter, electrostatic precipitator or activated carbon 
injection to comply with the emission limits in Table 2 or 3 to this 
subpart, you must meet any site-specific operating limits or 
requirements that you establish as required in Sec.  62.15965.



Sec.  62.15965  How do I establish operating limits if I do not use a
wet scrubber, fabric filter, electrostatic precipitator, activated
carbon injection, or afterburner, or if I limit emissions in some other
manner, to comply with the emission limits?

    If you use an air pollution control device other than a wet 
scrubber, fabric filter, electrostatic precipitator, activated carbon 
injection, or afterburner, or limit emissions in some other manner 
(e.g., materials balance) to comply with the emission limits in Sec.  
62.15955, you must meet the requirements in paragraphs (a) and (b) of 
this section:
    (a) Meet the applicable operating limits and requirements in Sec.  
60.4850 of this chapter, and establish applicable operating limits 
according to Sec.  62.15985; and
    (b) Petition the Administrator for specific operating parameters, 
operating limits, and averaging periods to be established during the 
initial performance test and to be monitored continuously thereafter.
    (1) You are responsible for submitting any supporting information in 
a timely manner to enable the Administrator to consider the application 
prior to the performance test. You must not conduct the initial 
performance test until after the petition has been approved by the 
Administrator, and you must comply with the operating limits

[[Page 578]]

as written, pending approval by the Administrator. Neither submittal of 
an application, nor the Administrator's failure to approve or disapprove 
the application relieves you of the responsibility to comply with any 
provision of this subpart;
    (2) Your petition must include the five items listed in paragraphs 
(b)(2)(i) through (v) of this section:
    (i) Identification of the specific parameters you propose to 
monitor;
    (ii) A discussion of the relationship between these parameters and 
emissions of regulated pollutants, identifying how emissions of 
regulated pollutants change with changes in these parameters, and how 
limits on these parameters will serve to limit emissions of regulated 
pollutants;
    (iii) A discussion of how you will establish the upper and/or lower 
values for these parameters that will establish the operating limits on 
these parameters, including a discussion of the averaging periods 
associated with those parameters for determining compliance;
    (iv) A discussion identifying the methods you will use to measure 
and the instruments you will use to monitor these parameters, as well as 
the relative accuracy and precision of these methods and instruments; 
and
    (v) A discussion identifying the frequency and methods for 
recalibrating the instruments you will use for monitoring these 
parameters.



Sec.  62.15970  Do the emission limits, emission standards, and operating 
limits apply during periods of startup, shutdown, and malfunction?

    The emission limits and standards apply at all times and during 
periods of malfunction. The operating limits apply at all times that 
sewage sludge is in the combustion chamber (i.e., until the sewage 
sludge feed to the combustor has been cut off for a period of time not 
less than the sewage sludge incineration residence time). For 
determining compliance with the CO concentration limit using CO CEMS, 
the correction to 7-percent oxygen does not apply during periods of 
startup or shutdown. Use the measured CO concentration without 
correcting for oxygen concentration in averaging with other CO 
concentrations (corrected to 7-percent O2) to determine the 
24-hour average value.



Sec.  62.15975  [Reserved]

                     Initial Compliance Requirements



Sec.  62.15980  How and when do I demonstrate initial compliance with 
the emission limits and standards?

    To demonstrate initial compliance with the emission limits and 
standards in Table 2 or 3 to this subpart, use the procedures specified 
in paragraph (a) of this section. In lieu of using the procedures 
specified in paragraph (a) of this section, you have the option to 
demonstrate initial compliance using the procedures specified in 
paragraph (b) of this section for particulate matter, hydrogen chloride, 
carbon monoxide, dioxins/furans (total mass basis or toxic equivalency 
basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, lead and 
fugitive emissions from ash handling. You must meet the requirements of 
paragraphs (a) and (b) of this section, as applicable, and paragraphs 
(c) through (e) of this section, according to the performance testing, 
monitoring, and calibration requirements in Sec.  62.16015(a) and (b).
    (a) Demonstrate initial compliance using the performance test 
required in Sec.  60.8 of this chapter. You must demonstrate that your 
SSI unit meets the emission limits and standards specified in Table 2 or 
3 to this subpart for particulate matter, hydrogen chloride, carbon 
monoxide, dioxins/furans (total mass basis or toxic equivalency basis), 
mercury, nitrogen oxides, sulfur dioxide, cadmium, lead and fugitive 
emissions from ash handling using the performance test. The initial 
performance test must be conducted using the test methods, averaging 
methods, and minimum sampling volumes or durations specified in Table 2 
or 3 to this subpart and according to the testing, monitoring, and 
calibration requirements specified in Sec.  62.16015(a).
    (1) Except as provided in paragraph (e) of this section, you must 
demonstrate that your SSI unit meets the emission limits and standards 
specified in Table 2 or 3 to this subpart by the final compliance date 
(see Table 1 to this subpart).

[[Page 579]]

    (2) You may use the results from a performance test conducted within 
the 2 previous years that was conducted under the same conditions and 
demonstrated compliance with the emission limits and standards in Table 
2 or 3 to this subpart, provided no process changes have been made since 
you conducted that performance test. However, you must continue to meet 
the operating limits established during the most recent performance test 
that demonstrated compliance with the emission limits and standards in 
Table 2 or 3 to this subpart. The performance test must have used the 
test methods specified in Table 2 or 3 to this subpart.
    (b) Demonstrate initial compliance using a continuous emissions 
monitoring system or continuous automated sampling system. The option to 
use a continuous emissions monitoring system for hydrogen chloride, 
dioxins/furans, cadmium, or lead takes effect on the date a final 
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium or lead is published in the Federal Register. The option 
to use a continuous automated sampling system for dioxins/furans takes 
effect on the date a final performance specification for such a 
continuous automated sampling system is published in the Federal 
Register. Collect data as specified in Sec.  62.16015(b)(6) and use the 
following procedures:
    (1) To demonstrate initial compliance with the emission limits 
specified in Table 2 or 3 to this subpart for particulate matter, 
hydrogen chloride, carbon monoxide, dioxins/furans (total mass basis or 
toxic equivalency basis), mercury, nitrogen oxides, sulfur dioxide, 
cadmium and lead, you may substitute the use of a continuous monitoring 
system in lieu of conducting the initial performance test required in 
paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring 
system for any pollutant specified in paragraph (b)(1) of this section 
in lieu of conducting the initial performance test for that pollutant in 
paragraph (a) of this section. For determining compliance with the 
carbon monoxide concentration limit using carbon monoxide CEMS, the 
correction to 7-percent oxygen does not apply during periods of startup 
or shutdown. Use the measured carbon monoxide concentration without 
correcting for oxygen concentration in averaging with other carbon 
monoxide concentrations (corrected to 7-percent oxygen) to determine the 
24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling 
system for mercury or dioxins/furans in lieu of conducting the annual 
mercury or dioxin/furan performance test in paragraph (a) of this 
section.
    (2) If you use a continuous emissions monitoring system to 
demonstrate compliance with an applicable emission limit in Table 2 or 3 
to this subpart, as described in paragraph (b)(1) of this section, you 
must use the continuous emissions monitoring system and follow the 
requirements specified in Sec.  62.16015(b). You must measure emissions 
according to Sec.  60.13 of this chapter to calculate 1-hour arithmetic 
averages, corrected to 7-percent oxygen (or carbon dioxide). You must 
demonstrate initial compliance using a 24-hour block average of these 1-
hour arithmetic average emission concentrations, calculated using 
Equation 19-19 in section 12.4.1 of Method 19 of 40 CFR part 60, 
appendix A-7.
    (3) If you use a continuous automated sampling system to demonstrate 
compliance with an applicable emission limit in Table 2 or 3 to this 
subpart, as described in paragraph (b)(1) of this section, you must:
    (i) Use the continuous automated sampling system specified in Sec.  
60.58b(p) and (q) of this chapter, and measure and calculate average 
emissions corrected to 7-percent oxygen (or carbon dioxide) according to 
Sec.  60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) of this chapter 
to calculate 24-hour block averages to determine compliance with the 
mercury emission limit in Table 2 or 3 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) of this chapter 
to calculate 2-week block averages to determine compliance with the 
dioxin/furan (total mass basis or toxic equivalency basis) emission 
limit in Table 2 or 3 to this subpart.

[[Page 580]]

    (ii) Comply with the provisions in Sec.  60.58b(q) of this chapter 
to develop a monitoring plan. For mercury continuous automated sampling 
systems, you must use Performance Specification 12B of appendix B of 
part 75 of this chapter and Procedure 5 of appendix F of part 60 of this 
chapter.
    (4) Except as provided in paragraph (e) of this section, you must 
complete your initial performance evaluations required under your 
monitoring plan for any continuous emissions monitoring systems and 
continuous automated sampling systems by the final compliance date (see 
Table 1 to this subpart). Your performance evaluation must be conducted 
using the procedures and acceptance criteria specified in Sec.  
62.15995(a)(3).
    (c) To demonstrate initial compliance with the dioxins/furans toxic 
equivalency emission limit in Table 2 or 3 to this subpart, determine 
dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octachlorinated-isomer emitted using EPA Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) Multiply the concentration of each dioxin/furan (tetra- through 
octa-chlorinated) isomer by its corresponding toxic equivalency factor 
specified in Table 5 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (d) Submit an initial compliance report, as specified in Sec.  
62.16030(b).
    (e) If you demonstrate initial compliance using the performance test 
specified in paragraph (a) of this section, then the provisions of this 
paragraph (e) apply. If a force majeure is about to occur, occurs or has 
occurred for which you intend to assert a claim of force majeure, you 
must notify the Administrator in writing as specified in Sec.  
62.16030(f). You must conduct the initial performance test as soon as 
practicable after the force majeure occurs. The Administrator will 
determine whether or not to grant the extension to the initial 
performance test deadline and will notify you in writing of approval or 
disapproval of the request for an extension as soon as practicable. 
Until an extension of the performance test deadline has been approved by 
the Administrator, you remain strictly subject to the requirements of 
this subpart.



Sec.  62.15985  How do I establish my operating limits?

    (a) You must establish the site-specific operating limits specified 
in paragraphs (b) through (h) of this section or established in Sec.  
62.15965, as applicable, during your initial performance tests required 
in Sec.  62.15980. You must meet the requirements in Sec.  62.16005(d) 
to confirm these operating limits or re-establish new operating limits 
using operating data recorded during any performance tests or 
performance evaluations required in Sec.  62.16000. You must follow the 
data measurement and recording frequencies and data averaging times 
specified in Table 4 to this subpart or as established in Sec.  
62.15965, and you must follow the testing, monitoring and calibration 
requirements specified in Sec. Sec.  62.16015 and 62.16020 or 
established in Sec.  62.15965. You are not required to establish 
operating limits for the operating parameters listed in Table 4 to this 
subpart for a control device if you use a continuous monitoring system 
to demonstrate compliance with the emission limits in Table 2 or 3 to 
this subpart for the applicable pollutants, as follows:
    (1) For a scrubber designed to control emissions of hydrogen 
chloride or sulfur dioxide, you are not required to establish an 
operating limit and monitor scrubber liquid flow rate or scrubber liquid 
pH if you use the continuous monitoring system specified in Sec. Sec.  
60.4865(b) and 60.4885(b) of this chapter to demonstrate compliance with 
the emission limit for hydrogen chloride or sulfur dioxide.
    (2) For a scrubber designed to control emissions of particulate 
matter, cadmium and lead, you are not required to establish an operating 
limit and monitor pressure drop across the scrubber or scrubber liquid 
flow rate if you use the continuous monitoring system specified in 
Sec. Sec.  60.4865(b) and 60.4885(b) of this chapter to demonstrate 
compliance with the emission limit for particulate matter, cadmium and 
lead.

[[Page 581]]

    (3) For an electrostatic precipitator designed to control emissions 
of particulate matter, cadmium and lead, you are not required to 
establish an operating limit and monitor secondary voltage of the 
collection plates, secondary amperage of the collection plates or 
effluent water flow rate at the outlet of the electrostatic precipitator 
if you use the continuous monitoring system specified in Sec. Sec.  
60.4865(b) and 60.4885(b) of this chapter to demonstrate compliance with 
the emission limit for particulate matter, lead and cadmium.
    (4) For an activated carbon injection system designed to control 
emissions of mercury, you are not required to establish an operating 
limit and monitor sorbent injection rate and carrier gas flow rate (or 
carrier gas pressure drop) if you use the continuous monitoring system 
specified in Sec. Sec.  60.4865(b) and 60.4885(b) of this chapter to 
demonstrate compliance with the emission limit for mercury.
    (5) For an activated carbon injection system designed to control 
emissions of dioxins/furans, you are not required to establish an 
operating limit and monitor sorbent injection rate and carrier gas flow 
rate (or carrier gas pressure drop) if you use the continuous monitoring 
system specified in Sec. Sec.  60.4865(b) and 60.4885(b) of this chapter 
to demonstrate compliance with the emission limit for dioxins/furans 
(total mass basis or toxic equivalency basis).
    (b) Minimum pressure drop across each wet scrubber used to meet the 
particulate matter, lead and cadmium emission limits in Table 2 or 3 to 
this subpart, equal to the lowest 4-hour average pressure drop across 
each such wet scrubber measured during the most recent performance test 
demonstrating compliance with the particulate matter, lead and cadmium 
emission limits.
    (c) Minimum scrubber liquid flow rate (measured at the inlet to each 
wet scrubber), equal to the lowest 4-hour average liquid flow rate 
measured during the most recent performance test demonstrating 
compliance with all applicable emission limits.
    (d) Minimum scrubber liquid pH for each wet scrubber used to meet 
the sulfur dioxide or hydrogen chloride emission limits in Table 2 or 3 
to this subpart, equal to the lowest 1-hour average scrubber liquid pH 
measured during the most recent performance test demonstrating 
compliance with the sulfur dioxide and hydrogen chloride emission 
limits.
    (e) Minimum combustion chamber operating temperature (or minimum 
afterburner temperature), equal to the lowest 4-hour average combustion 
chamber operating temperature (or afterburner temperature) measured 
during the most recent performance test demonstrating compliance with 
all applicable emission limits.
    (f) Minimum power input to the electrostatic precipitator collection 
plates, equal to the lowest 4-hour average secondary electric power 
measured during the most recent performance test demonstrating 
compliance with the particulate matter, lead and cadmium emission 
limits. Power input must be calculated as the product of the secondary 
voltage and secondary amperage to the electrostatic precipitator 
collection plates. Both the secondary voltage and secondary amperage 
must be recorded during the performance test.
    (g) Minimum effluent water flow rate at the outlet of the 
electrostatic precipitator, equal to the lowest 4-hour average effluent 
water flow rate at the outlet of the electrostatic precipitator measured 
during the most recent performance test demonstrating compliance with 
the particulate matter, lead and cadmium emission limits.
    (h) For activated carbon injection, establish the site-specific 
operating limits specified in paragraphs (h)(1) through (3) of this 
section.
    (1) Minimum mercury sorbent injection rate, equal to the lowest 4-
hour average mercury sorbent injection rate measured during the most 
recent performance test demonstrating compliance with the mercury 
emission limit.
    (2) Minimum dioxin/furan sorbent injection rate, equal to the lowest 
4-hour average dioxin/furan sorbent injection rate measured during the 
most recent performance test demonstrating compliance with the dioxin/
furan (total mass basis or toxic equivalency basis) emission limit.

[[Page 582]]

    (3) Minimum carrier gas flow rate or minimum carrier gas pressure 
drop, as follows:
    (i) Minimum carrier gas flow rate, equal to the lowest 4-hour 
average carrier gas flow rate measured during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.
    (ii) Minimum carrier gas pressure drop, equal to the lowest 4-hour 
average carrier gas flow rate measured during the most recent 
performance test demonstrating compliance with the applicable emission 
limit.



Sec.  62.15990  By what date must I conduct the initial air pollution 
control device inspection and make any necessary repairs?

    (a) You must conduct an air pollution control device inspection 
according to Sec.  62.16015(c) by the final compliance date as specified 
in Sec.  62.15875. For air pollution control devices installed after the 
final compliance date, you must conduct the air pollution control device 
inspection within 60 days after installation of the control device.
    (b) Within 10 operating days following the air pollution control 
device inspection under paragraph (a) of this section, all necessary 
repairs must be completed unless you obtain written approval from the 
Administrator establishing a date whereby all necessary repairs of the 
SSI unit must be completed.



Sec.  62.15995  How do I develop a site-specific monitoring plan for my 
continuous monitoring, bag leak detection, and ash handling systems, and
by what date must I conduct an initial performance evaluation?

    You must develop and submit to the Administrator for approval a 
site-specific monitoring plan for each continuous monitoring system 
required under this subpart, according to the requirements in paragraphs 
(a) through (c) of this section. This requirement also applies to you if 
you petition the Administrator for alternative monitoring parameters 
under Sec.  60.13(i) of this chapter and paragraph (e) of this section. 
If you use a continuous automated sampling system to comply with the 
mercury or dioxin/furan (total mass basis or toxic equivalency basis) 
emission limits, you must develop your monitoring plan as specified in 
Sec.  60.58b(q) of this chapter, and you are not required to meet the 
requirements in paragraphs (a) and (b) of this section. You must also 
submit a site-specific monitoring plan for your ash handling system, as 
specified in paragraph (d) of this section. You must submit and update 
your monitoring plans as specified in paragraphs (f) through (h) of this 
section.
    (a) For each continuous monitoring system, your monitoring plan must 
address the elements and requirements specified in paragraphs (a)(1) 
through (8) of this section. You must operate and maintain the 
continuous monitoring system in continuous operation according to the 
site-specific monitoring plan.
    (1) Installation of the continuous monitoring system sampling probe 
or other interface at a measurement location relative to each affected 
process unit such that the measurement is representative of control of 
the exhaust emissions (e.g., on or downstream of the last control 
device).
    (2) Performance and equipment specifications for the sample 
interface, the pollutant concentration or parametric signal analyzer and 
the data collection and reduction systems.
    (3) Performance evaluation procedures and acceptance criteria (e.g., 
calibrations).
    (i) For continuous emissions monitoring systems, your performance 
evaluation and acceptance criteria must include, but is not limited to, 
the following:
    (A) The applicable requirements for continuous emissions monitoring 
systems specified in Sec.  60.13 of this chapter.
    (B) The applicable performance specifications (e.g., relative 
accuracy tests) in appendix B of part 60 of this chapter.
    (C) The applicable procedures (e.g., quarterly accuracy 
determinations and daily calibration drift tests) in appendix F of part 
60 of this chapter.
    (D) A discussion of how the occurrence and duration of out-of-
control periods will affect the suitability of CEMS data, where out-of-
control has the meaning given in paragraph (a)(7)(i) of this section.

[[Page 583]]

    (ii) For continuous parameter monitoring systems, your performance 
evaluation and acceptance criteria must include, but is not limited to, 
the following:
    (A) If you have an operating limit that requires the use of a flow 
monitoring system, you must meet the requirements in paragraphs 
(a)(3)(ii)(A)(1) through (4) of this section.
    (1) Install the flow sensor and other necessary equipment in a 
position that provides a representative flow.
    (2) Use a flow sensor with a measurement sensitivity of no greater 
than 2-percent of the expected process flow rate.
    (3) Minimize the effects of swirling flow or abnormal velocity 
distributions due to upstream and downstream disturbances.
    (4) Conduct a flow monitoring system performance evaluation in 
accordance with your monitoring plan at the time of each performance 
test but no less frequently than annually.
    (B) If you have an operating limit that requires the use of a 
pressure monitoring system, you must meet the requirements in paragraphs 
(a)(3)(ii)(B)(1) through (6) of this section.
    (1) Install the pressure sensor(s) in a position that provides a 
representative measurement of the pressure (e.g., particulate matter 
scrubber pressure drop).
    (2) Minimize or eliminate pulsating pressure, vibration, and 
internal and external corrosion.
    (3) Use a pressure sensor with a minimum tolerance of 1.27 
centimeters of water or a minimum tolerance of 1-percent of the pressure 
monitoring system operating range, whichever is less.
    (4) Perform checks at least once each process operating day to 
ensure pressure measurements are not obstructed (e.g., check for 
pressure tap pluggage daily).
    (5) Conduct a performance evaluation of the pressure monitoring 
system in accordance with your monitoring plan at the time of each 
performance test but no less frequently than annually.
    (6) If at any time the measured pressure exceeds the manufacturer's 
specified maximum operating pressure range, conduct a performance 
evaluation of the pressure monitoring system in accordance with your 
monitoring plan and confirm that the pressure monitoring system 
continues to meet the performance requirements in your monitoring plan. 
Alternatively, install and verify the operation of a new pressure 
sensor.
    (C) If you have an operating limit that requires a pH monitoring 
system, you must meet the requirements in paragraphs (a)(3)(ii)(C)(1) 
through (4) of this section.
    (1) Install the pH sensor in a position that provides a 
representative measurement of scrubber effluent pH.
    (2) Ensure the sample is properly mixed and representative of the 
fluid to be measured.
    (3) Conduct a performance evaluation of the pH monitoring system in 
accordance with your monitoring plan at least once each process 
operating day.
    (4) Conduct a performance evaluation (including a two-point 
calibration with one of the two buffer solutions having a pH within 1 of 
the operating limit pH level) of the pH monitoring system in accordance 
with your monitoring plan at the time of each performance test but no 
less frequently than quarterly.
    (D) If you have an operating limit that requires the use of a 
temperature measurement device, you must meet the requirements in 
paragraphs (a)(3)(ii)(D)(1) through (4) of this section.
    (1) Install the temperature sensor and other necessary equipment in 
a position that provides a representative temperature.
    (2) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 1.0-percent of the temperature value, 
whichever is larger, for a noncryogenic temperature range.
    (3) Use a temperature sensor with a minimum tolerance of 2.8 degrees 
Celsius (5 degrees Fahrenheit), or 2.5-percent of the temperature value, 
whichever is larger, for a cryogenic temperature range.
    (4) Conduct a temperature measurement device performance evaluation 
at the time of each performance test but no less frequently than 
annually.

[[Page 584]]

    (E) If you have an operating limit that requires a secondary 
electric power monitoring system for an electrostatic precipitator, you 
must meet the requirements in paragraphs (a)(3)(ii)(E)(1) and (2) of 
this section.
    (1) Install sensors to measure (secondary) voltage and current to 
the electrostatic precipitator collection plates.
    (2) Conduct a performance evaluation of the electric power 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (F) If you have an operating limit that requires the use of a 
monitoring system to measure sorbent injection rate (e.g., weigh belt, 
weigh hopper or hopper flow measurement device), you must meet the 
requirements in paragraphs (a)(3)(ii)(F)(1) and (2) of this section.
    (1) Install the system in a position(s) that provides a 
representative measurement of the total sorbent injection rate.
    (2) Conduct a performance evaluation of the sorbent injection rate 
monitoring system in accordance with your monitoring plan at the time of 
each performance test but no less frequently than annually.
    (4) Ongoing operation and maintenance procedures in accordance with 
the general requirements of Sec.  60.11(d) of this chapter.
    (5) Ongoing data quality assurance procedures in accordance with the 
general requirements of Sec.  60.13 of this chapter.
    (6) Ongoing recordkeeping and reporting procedures in accordance 
with the general requirements of Sec.  60.7(b), (c) introductory text, 
(c)(1), (c)(4), (d), (e), (f), and (g) of this chapter.
    (7) Provisions for periods when the continuous monitoring system is 
out of control, as follows:
    (i) A continuous monitoring system is out of control if the 
conditions of paragraph (a)(7)(i)(A) or (B) of this section are met.
    (A) The zero (low-level), mid-level (if applicable), or high-level 
calibration drift exceeds two times the applicable calibration drift 
specification in the applicable performance specification or in the 
relevant standard.
    (B) The continuous monitoring system fails a performance test audit 
(e.g., cylinder gas audit), relative accuracy audit, relative accuracy 
test audit or linearity test audit.
    (ii) When the continuous monitoring system is out of control as 
specified in paragraph (a)(7)(i) of this section, you must take the 
necessary corrective action and must repeat all necessary tests that 
indicate that the system is out of control. You must take corrective 
action and conduct retesting until the performance requirements are 
below the applicable limits. The beginning of the out-of-control period 
is the hour you conduct a performance check (e.g., calibration drift) 
that indicates an exceedance of the performance requirements established 
under this part. The end of the out-of-control period is the hour 
following the completion of corrective action and successful 
demonstration that the system is within the allowable limits.
    (8) Schedule for conducting initial and periodic performance 
evaluations of your continuous monitoring systems.
    (b) If a bag leak detection system is used, your monitoring plan 
must include a description of the following items:
    (1) Installation of the bag leak detection system in accordance with 
paragraphs (b)(1)(i) and (ii) of this section.
    (i) Install the bag leak detection sensor(s) in a position(s) that 
will be representative of the relative or absolute particulate matter 
loadings for each exhaust stack, roof vent or compartment (e.g., for a 
positive pressure fabric filter) of the fabric filter.
    (ii) Use a bag leak detection system certified by the manufacturer 
to be capable of detecting particulate matter emissions at 
concentrations of 10 milligrams per actual cubic meter or less.
    (2) Initial and periodic adjustment of the bag leak detection 
system, including how the alarm set-point will be established. Use a bag 
leak detection system equipped with a system that will sound an alarm 
when the system detects an increase in relative particulate matter 
emissions over a preset level. The alarm must be located where

[[Page 585]]

it is observed readily and any alert is detected and recognized easily 
by plant operating personnel.
    (3) Evaluations of the performance of the bag leak detection system, 
performed in accordance with your monitoring plan and consistent with 
the guidance provided in OAQPS Fabric Filter Bag Leak Detection 
Guidance, EPA-454/R-98-015, September 1997. The Director of the Federal 
Register approves this incorporation by reference in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51. You may obtain a copy from the U.S. 
Environmental Protection Agency, 1200 Pennsylvania Avenue NW., 
Washington, DC 20460, (202) 272-0167, http://www.epa.gov. You may 
inspect a copy 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.
    (4) Operation of the bag leak detection system, including quality 
assurance procedures.
    (5) Maintenance of the bag leak detection system, including a 
routine maintenance schedule and spare parts inventory list.
    (6) Recordkeeping (including record retention) of the bag leak 
detection system data. Use a bag leak detection system equipped with a 
device to continuously record the output signal from the sensor.
    (c) You must conduct an initial performance evaluation of each 
continuous monitoring system and bag leak detection system, as 
applicable, in accordance with your monitoring plan and to Sec.  
60.13(c) of this chapter. For the purpose of this subpart, the 
provisions of Sec.  60.13(c) also apply to the bag leak detection 
system. You must conduct the initial performance evaluation of each 
continuous monitoring system within 60 days of installation of the 
monitoring system
    (d) You must submit a monitoring plan specifying the ash handling 
system operating procedures that you will follow to ensure that you meet 
the fugitive emissions limit specified in Table 2 or 3 to this subpart.
    (e) You may submit an application to the Administrator for approval 
of alternate monitoring requirements to demonstrate compliance with the 
standards of this subpart, subject to the provisions of paragraphs 
(e)(1) through (6) of this section.
    (1) The Administrator will not approve averaging periods other than 
those specified in this section, unless you document, using data or 
information, that the longer averaging period will ensure that emissions 
do not exceed levels achieved over the duration of three performance 
test runs.
    (2) If the application to use an alternate monitoring requirement is 
approved, you must continue to use the original monitoring requirement 
until approval is received to use another monitoring requirement.
    (3) You must submit the application for approval of alternate 
monitoring requirements no later than the notification of performance 
test. The application must contain the information specified in 
paragraphs (e)(3)(i) through (iii) of this section:
    (i) Data or information justifying the request, such as the 
technical or economic infeasibility, or the impracticality of using the 
required approach.
    (ii) A description of the proposed alternative monitoring 
requirement, including the operating parameter to be monitored, the 
monitoring approach and technique, the averaging period for the limit, 
and how the limit is to be calculated.
    (iii) Data or information documenting that the alternative 
monitoring requirement would provide equivalent or better assurance of 
compliance with the relevant emission standard.
    (4) The Administrator will notify you of the approval or denial of 
the application within 90 calendar days after receipt of the original 
request, or within 60 calendar days of the receipt of any supplementary 
information, whichever is later. The Administrator will not approve an 
alternate monitoring application unless it would provide equivalent or 
better assurance of compliance with the relevant emission standard. 
Before disapproving any alternate monitoring application, the 
Administrator will provide the following:

[[Page 586]]

    (i) Notice of the information and findings upon which the intended 
disapproval is based.
    (ii) Notice of opportunity for you to present additional supporting 
information before final action is taken on the application. This notice 
will specify how much additional time is allowed for you to provide 
additional supporting information.
    (5) You are responsible for submitting any supporting information in 
a timely manner to enable the Administrator to consider the application 
prior to the performance test. Neither submittal of an application, nor 
the Administrator's failure to approve or disapprove the application 
relieves you of the responsibility to comply with any provision of this 
subpart.
    (6) The Administrator may decide at any time, on a case-by-case 
basis, that additional or alternative operating limits, or alternative 
approaches to establishing operating limits, are necessary to 
demonstrate compliance with the emission standards of this subpart.
    (f) You must submit your monitoring plans required in paragraphs (a) 
and (b) of this section at least 60 days before your initial performance 
evaluation of your continuous monitoring system(s).
    (g) You must submit your monitoring plan for your ash handling 
system, as required in paragraph (d) of this section, at least 60 days 
before your initial compliance test date.
    (h) You must update and resubmit your monitoring plan if there are 
any changes or potential changes in your monitoring procedures or if 
there is a process change, as defined in Sec.  62.16045.

                   Continuous Compliance Requirements



Sec.  62.16000  How and when do I demonstrate continuous compliance with
the emission limits and standards?

    To demonstrate continuous compliance with the emission limits and 
standards specified in Table 2 or 3 to this subpart, use the procedures 
specified in paragraph (a) of this section. In lieu of using the 
procedures specified in paragraph (a) of this section, you have the 
option to demonstrate initial compliance using the procedures specified 
in paragraph (b) of this section for particulate matter, hydrogen 
chloride, carbon monoxide, dioxins/furans (total mass basis or toxic 
equivalency basis), mercury, nitrogen oxides, sulfur dioxide, cadmium, 
lead and fugitive emissions from ash handling. You must meet the 
requirements of paragraphs (a) and (b) of this section, as applicable, 
and paragraphs (c) through (e) of this section, according to the 
performance testing, monitoring, and calibration requirements in Sec.  
62.16015(a) and (b). You may also petition the Administrator for 
alternative monitoring parameters as specified in paragraph (f) of this 
section.
    (a) Demonstrate continuous compliance using a performance test. 
Except as provided in paragraphs (a)(3) and (e) of this section, 
following the date that the initial performance test for each pollutant 
in Table 2 or 3 to this subpart is completed, you must conduct a 
performance test for each such pollutant on an annual basis (between 11 
and 13 calendar months following the previous performance test). The 
performance test must be conducted using the test methods, averaging 
methods, and minimum sampling volumes or durations specified in Table 2 
or 3 to this subpart and according to the testing, monitoring and 
calibration requirements specified in Sec.  62.16015(a).
    (1) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward. The Administrator may request a repeat performance test at any 
time.
    (2) You must repeat the performance test within 60 days of a process 
change, as defined in Sec.  62.16045.
    (3) Except as specified in paragraphs (a)(1) and (2) of this 
section, you can conduct performance tests less often for a given 
pollutant, as specified in paragraphs (a)(3)(i) through (iii) of this 
section.
    (i) You can conduct performance tests less often if your performance 
tests for the pollutant for at least 2 consecutive years show that your 
emissions are at or below 75-percent of the emission limit specified in 
Table 2 or 3 to this subpart, and there are no changes in the operation 
of the affected source or air pollution control equipment that could 
increase emissions. In this case, you do not have to conduct a

[[Page 587]]

performance test for that pollutant for the next 2 years. You must 
conduct a performance test during the third year and no more than 37 
months after the previous performance test.
    (ii) If your SSI unit continues to meet the emission limit for the 
pollutant, you may choose to conduct performance tests for the pollutant 
every third year if your emissions are at or below 75-percent of the 
emission limit, and if there are no changes in the operation of the 
affected source or air pollution control equipment that could increase 
emissions, but each such performance test must be conducted no more than 
37 months after the previous performance test.
    (iii) If a performance test shows emissions exceeded 75-percent of 
the emission limit for a pollutant, you must conduct annual performance 
tests for that pollutant until all performance tests over 2 consecutive 
years show compliance.
    (b) Demonstrate continuous compliance using a continuous emissions 
monitoring system or continuous automated sampling system. The option to 
use a continuous emissions monitoring system for hydrogen chloride, 
dioxins/furans, cadmium or lead takes effect on the date a final 
performance specification applicable to hydrogen chloride, dioxins/
furans, cadmium or lead is published in the Federal Register. The option 
to use a continuous automated sampling system for dioxins/furans takes 
effect on the date a final performance specification for such a 
continuous automated sampling system is published in the Federal 
Register. Collect data as specified in Sec.  62.16015(b)(6) and use the 
following procedures:
    (1) To demonstrate continuous compliance with the emission limits 
for particulate matter, hydrogen chloride, carbon monoxide, dioxins/
furans (total mass basis or toxic equivalency basis), mercury, nitrogen 
oxides, sulfur dioxide, cadmium and lead, you may substitute the use of 
a continuous monitoring system in lieu of conducting the annual 
performance test required in paragraph (a) of this section, as follows:
    (i) You may substitute the use of a continuous emissions monitoring 
system for any pollutant specified in paragraph (b)(1) of this section 
in lieu of conducting the annual performance test for that pollutant in 
paragraph (a) of this section. For determining compliance with the 
carbon monoxide concentration limit using carbon monoxide CEMS, the 
correction to 7-percent oxygen does not apply during periods of startup 
or shutdown. Use the measured carbon monoxide concentration without 
correcting for oxygen concentration in averaging with other carbon 
monoxide concentrations (corrected to 7-percent oxygen) to determine the 
24-hour average value.
    (ii) You may substitute the use of a continuous automated sampling 
system for mercury or dioxins/furans in lieu of conducting the annual 
mercury or dioxin/furan performance test in paragraph (a) of this 
section.
    (2) If you use a continuous emissions monitoring system to 
demonstrate compliance with an applicable emission limit in paragraph 
(b)(1) of this section, you must use the continuous emissions monitoring 
system and follow the requirements specified in Sec.  62.16015(b). You 
must measure emissions according to Sec.  60.13 of this chapter to 
calculate 1-hour arithmetic averages, corrected to 7-percent oxygen (or 
carbon dioxide). You must demonstrate initial compliance using a 24-hour 
block average of these 1-hour arithmetic average emission 
concentrations, calculated using Equation 19-19 in section 12.4.1 of 
Method 19 of 40 CFR part 60, appendix A-7.
    (3) If you use a continuous automated sampling system to demonstrate 
compliance with an applicable emission limit in paragraph (b)(1) of this 
section, you must:
    (i) Use the continuous automated sampling system specified in Sec.  
60.58b(p) and (q) of this chapter, and measure and calculate average 
emissions corrected to 7-percent oxygen (or carbon dioxide) according to 
Sec.  60.58b(p) and your monitoring plan.
    (A) Use the procedures specified in Sec.  60.58b(p) of this chapter 
to calculate 24-hour averages to determine compliance with the mercury 
emission limit in Table 2 or 3 to this subpart.
    (B) Use the procedures specified in Sec.  60.58b(p) of this chapter 
to calculate 2-

[[Page 588]]

week averages to determine compliance with the dioxin/furan (total mass 
basis or toxic equivalency basis) emission limits in Table 2 or 3 to 
this subpart.
    (ii) Update your monitoring plan as specified in Sec.  60.4880(e) of 
this chapter. For mercury continuous automated sampling systems, you 
must use Performance Specification 12B of appendix B of part 75 of this 
chapter and Procedure 5 of appendix F of part 60 of this chapter.
    (4) Except as provided in paragraph (e) of this section, you must 
complete your periodic performance evaluations required in your 
monitoring plan for any continuous emissions monitoring systems and 
continuous automated sampling systems, according to the schedule 
specified in your monitoring plan. If you were previously determining 
compliance by conducting an annual performance test (or according to the 
less frequent testing for a pollutant as provided in paragraph (a)(3) of 
this section), you must complete the initial performance evaluation 
required under your monitoring plan in Sec.  62.15995 for the continuous 
monitoring system prior to using the continuous emissions monitoring 
system to demonstrate compliance or continuous automated sampling 
system. Your performance evaluation must be conducted using the 
procedures and acceptance criteria specified in Sec.  62.15995(a)(3).
    (c) To demonstrate compliance with the dioxins/furans toxic 
equivalency emission limit in paragraph (a) or (b) of this section, you 
must determine dioxins/furans toxic equivalency as follows:
    (1) Measure the concentration of each dioxin/furan tetra- through 
octachlorinated-isomer emitted using Method 23 at 40 CFR part 60, 
appendix A-7.
    (2) For each dioxin/furan (tetra- through octachlorinated) isomer 
measured in accordance with paragraph (c)(1) of this section, multiply 
the isomer concentration by its corresponding toxic equivalency factor 
specified in Table 5 to this subpart.
    (3) Sum the products calculated in accordance with paragraph (c)(2) 
of this section to obtain the total concentration of dioxins/furans 
emitted in terms of toxic equivalency.
    (d) You must submit an annual compliance report as specified in 
Sec.  62.16030(c). You must submit a deviation report as specified in 
Sec.  62.16030(d) for each instance that you did not meet each emission 
limit in Tables 2 and 3 to this subpart.
    (e) If you demonstrate continuous compliance using a performance 
test, as specified in paragraph (a) of this section, then the provisions 
of this paragraph (e) apply. If a force majeure is about to occur, 
occurs, or has occurred for which you intend to assert a claim of force 
majeure, you must notify the Administrator in writing as specified in 
Sec.  62.16030(f). You must conduct the performance test as soon as 
practicable after the force majeure occurs. The Administrator will 
determine whether or not to grant the extension to the performance test 
deadline, and will notify you in writing of approval or disapproval of 
the request for an extension as soon as practicable. Until an extension 
of the performance test deadline has been approved by the Administrator, 
you remain strictly subject to the requirements of this subpart.
    (f) After any initial requests in Sec.  62.15995 for alternative 
monitoring requirements for initial compliance, you may subsequently 
petition the Administrator for alternative monitoring parameters as 
specified in Sec. Sec.  60.13(i) of this chapter and 62.15995(e).



Sec.  62.16005  How do I demonstrate continuous compliance with my
operating limits?

    You must continuously monitor your operating parameters as specified 
in paragraph (a) of this section and meet the requirements of paragraphs 
(b) and (c) of this section, according to the monitoring and calibration 
requirements in Sec.  62.16020. You must confirm and re-establish your 
operating limits as specified in paragraph (d) of this section.
    (a) You must continuously monitor the operating parameters specified 
in paragraphs (a)(1) and (2) of this section using the continuous 
monitoring equipment and according to the procedures specified in Sec.  
62.16020 or established in Sec.  62.15965. To determine compliance,

[[Page 589]]

you must use the data averaging period specified in Table 4 to this 
subpart (except for alarm time of the baghouse leak detection system) 
unless a different averaging period is established under Sec.  62.15965.
    (1) You must demonstrate that the SSI unit meets the operating 
limits established according to Sec. Sec.  62.15965 and 62.15985 and 
paragraph (d) of this section for each applicable operating parameter.
    (2) You must demonstrate that the SSI unit meets the operating limit 
for bag leak detection systems as follows:
    (i) For a bag leak detection system, you must calculate the alarm 
time as follows:
    (A) If inspection of the fabric filter demonstrates that no 
corrective action is required, no alarm time is counted.
    (B) If corrective action is required, each alarm time shall be 
counted as a minimum of 1 hour.
    (C) If you take longer than 1 hour to initiate corrective action, 
each alarm time (i.e., time that the alarm sounds) is counted as the 
actual amount of time taken by you to initiate corrective action.
    (ii) Your maximum alarm time is equal to 5-percent of the operating 
time during a 6-month period, as specified in Sec.  62.15960(c).
    (b) Operation above the established maximum, below the established 
minimum, or outside the allowable range of the operating limits 
specified in paragraph (a) of this section constitutes a deviation from 
your operating limits established under this subpart, except during 
performance tests conducted to determine compliance with the emission 
and operating limits or to establish new operating limits. You must 
submit the deviation report specified in Sec.  62.16030(d) for each 
instance that you did not meet one of your operating limits established 
under this subpart.
    (c) You must submit the annual compliance report specified in Sec.  
62.16030(c) to demonstrate continuous compliance.
    (d) You must confirm your operating limits according to paragraph 
(d)(1) of this section or re-establish operating limits according to 
paragraph (d)(2) of this section. Your operating limits must be 
established so as to assure ongoing compliance with the emission limits. 
These requirements also apply to your operating requirements in your 
fugitive emissions monitoring plan specified in Sec.  62.15960(d).
    (1) Your operating limits must be based on operating data recorded 
during any performance test required in Sec.  62.16000(a) or any 
performance evaluation required in Sec.  62.16000(b)(4).
    (2) You may conduct a repeat performance test at any time to 
establish new values for the operating limits to apply from that point 
forward.



Sec.  62.16010  By what date must I conduct annual air pollution control
device inspections and make any necessary repairs?

    (a) You must conduct an annual inspection of each air pollution 
control device used to comply with the emission limits, according to 
Sec.  62.16015(c), no later than 12 months following the previous annual 
air pollution control device inspection.
    (b) Within 10 operating days following an air pollution control 
device inspection, all necessary repairs must be completed unless you 
obtain written approval from the Administrator establishing a date 
whereby all necessary repairs of the affected SSI unit must be 
completed.

      Performance Testing, Monitoring, and Calibration Requirements



Sec.  62.16015  What are the performance testing, monitoring, and calibration
requirements for compliance with the emission limits and standards?

    You must meet, as applicable, the performance testing requirements 
specified in paragraph (a) of this section, the monitoring requirements 
specified in paragraph (b) of this section, the air pollution control 
device inspections requirements specified in paragraph (c) of this 
section, and the bypass stack provisions specified in paragraph (d) of 
this section.
    (a) Performance testing requirements. (1) All performance tests must 
consist of a minimum of three test runs conducted under conditions 
representative of normal operations, as specified in Sec.  60.8(c) of 
this chapter. Emissions in

[[Page 590]]

excess of the emission limits or standards during periods of startup, 
shutdown, and malfunction are considered deviations from the applicable 
emission limits or standards.
    (2) You must document that the dry sludge burned during the 
performance test is representative of the sludge burned under normal 
operating conditions by:
    (i) Maintaining a log of the quantity of sewage sludge burned during 
the performance test by continuously monitoring and recording the 
average hourly rate that sewage sludge is fed to the incinerator.
    (ii) Maintaining a log of the moisture content of the sewage sludge 
burned during the performance test by taking grab samples of the sewage 
sludge fed to the incinerator for each 8 hour period that testing is 
conducted.
    (3) All performance tests must be conducted using the test methods, 
minimum sampling volume, observation period, and averaging method 
specified in Table 2 or 3 to this subpart.
    (4) Method 1 at 40 CFR part 60, appendix A, must be used to select 
the sampling location and number of traverse points.
    (5) Method 3A or 3B at 40 CFR part 60, appendix A-2, must be used 
for gas composition analysis, including measurement of oxygen 
concentration. Method 3A or 3B at 40 CFR part 60, appendix A-2, must be 
used simultaneously with each method.
    (6) All pollutant concentrations must be adjusted to 7-percent 
oxygen using Equation 1 of this section:

[GRAPHIC] [TIFF OMITTED] TR29AP16.025

Where:

Cadj = Pollutant concentration adjusted to 7 percent oxygen.
Cmeas = Pollutant concentration measured on a dry basis.
(20.9 - 7) = 20.9 percent oxygen - 7 percent oxygen (defined oxygen 
          correction basis).
20.9 = Oxygen concentration in air, percent.
%O2 = Oxygen concentration measured on a dry basis, percent.

    (7) Performance tests must be conducted and data reduced in 
accordance with the test methods and procedures contained in this 
subpart unless the Administrator does one of the following.
    (i) Specifies or approves, in specific cases, the use of a method 
with minor changes in methodology.
    (ii) Approves the use of an equivalent method.
    (iii) 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.
    (iv) Waives the requirement for performance tests because you have 
demonstrated by other means to the Administrator's satisfaction that the 
affected SSI unit is in compliance with the standard.
    (v) Approves shorter sampling times and smaller sample volumes when 
necessitated by process variables or other factors. Nothing in this 
paragraph (a)(7) is construed to abrogate the Administrator's authority 
to require testing under section 114 of the Clean Air Act.
    (8) You must provide the Administrator at least 30 days prior notice 
of any performance test, except as specified under other subparts, to 
afford the Administrator the opportunity to have an observer present. If 
after 30 days' notice for an initially scheduled performance test, there 
is a delay (due to operational problems, etc.) in conducting the 
scheduled performance test, you must notify the Administrator as soon as 
possible of any delay in the original test date, either by providing at 
least 7 days prior notice of the rescheduled date of the performance 
test, or by arranging a rescheduled date with the Administrator by 
mutual agreement.
    (9) You must provide, or cause to be provided, performance testing 
facilities as follows:
    (i) Sampling ports adequate for the test methods applicable to the 
SSI unit, as follows:

[[Page 591]]

    (A) Constructing the air pollution control system such that 
volumetric flow rates and pollutant emission rates can be accurately 
determined by applicable test methods and procedures.
    (B) Providing a stack or duct free of cyclonic flow during 
performance tests, as demonstrated by applicable test methods and 
procedures.
    (ii) Safe sampling platform(s).
    (iii) Safe access to sampling platform(s).
    (iv) Utilities for sampling and testing equipment.
    (10) Unless otherwise specified in this subpart, each performance 
test must consist of three separate runs using the applicable test 
method. Each run must be conducted for the time and under the conditions 
specified in the applicable standard. Compliance with each emission 
limit must be determined by calculating the arithmetic mean of the three 
runs. In the event that a sample is accidentally lost or conditions 
occur in which one of the three runs must be discontinued because of 
forced shutdown, failure of an irreplaceable portion of the sample 
train, extreme meteorological conditions, or other circumstances, beyond 
your control, compliance may, upon the Administrator's approval, be 
determined using the arithmetic mean of the results of the two other 
runs.
    (11) During each test run specified in paragraph (a)(1) of this 
section, you must operate your sewage sludge incinerator at a minimum of 
85-percent of your maximum permitted capacity.
    (b) Continuous monitor requirements. You must meet the following 
requirements, as applicable, when using a continuous monitoring system 
to demonstrate compliance with the emission limits in Table 2 or 3 to 
this subpart. The option to use a continuous emissions monitoring system 
for hydrogen chloride, dioxins/furans, cadmium, or lead takes effect on 
the date a final performance specification applicable to hydrogen 
chloride, dioxins/furans, cadmium or lead is published in the Federal 
Register. If you elect to use a continuous emissions monitoring system 
instead of conducting annual performance testing, you must meet the 
requirements of paragraphs (b)(1) through (6) of this section. If you 
elect to use a continuous automated sampling system instead of 
conducting annual performance testing, you must meet the requirements of 
paragraph (b)(7) of this section. The option to use a continuous 
automated sampling system for dioxins/furans takes effect on the date a 
final performance specification for such a continuous automated sampling 
system is published in the Federal Register.
    (1) You must notify the Administrator 1 month before starting use of 
the continuous emissions monitoring system.
    (2) You must notify the Administrator 1 month before stopping use of 
the continuous emissions monitoring system, in which case you must also 
conduct a performance test within prior to ceasing operation of the 
system.
    (3) You must install, operate, calibrate, and maintain an instrument 
for continuously measuring and recording the emissions to the atmosphere 
in accordance with the following:
    (i) Section 60.13 of subpart A of part 60 of this chapter.
    (ii) The following performance specifications of appendix B of part 
60 of this chapter, as applicable:
    (A) For particulate matter, Performance Specification 11 of appendix 
B of part 60 of this chapter.
    (B) For hydrogen chloride, Performance Specification 15 of appendix 
B of part 60 of this chapter.
    (C) For carbon monoxide, Performance Specification 4B of appendix B 
of part 60 of this chapter with spans appropriate to the applicable 
emission limit.
    (D) [Reserved]
    (E) For mercury, Performance Specification 12A of appendix B of part 
60 of this chapter.
    (F) For nitrogen oxides, Performance Specification 2 of appendix B 
of part 60 of this chapter.
    (G) For sulfur dioxide, Performance Specification 2 of appendix B of 
part 60 of this chapter.
    (iii) For continuous emissions monitoring systems, the quality 
assurance procedures (e.g., quarterly accuracy determinations and daily 
calibration drift tests) of appendix F of part 60 of this chapter 
specified in paragraphs

[[Page 592]]

(b)(3)(iii)(A) through (G) of this section. For each pollutant, the span 
value of the continuous emissions monitoring system is two times the 
applicable emission limit, expressed as a concentration.
    (A) For particulate matter, Procedure 2 in appendix F of part 60 of 
this chapter.
    (B) For hydrogen chloride, Procedure 1 in appendix F of part 60 of 
this chapter except that the Relative Accuracy Test Audit requirements 
of Procedure 1 shall be replaced with the validation requirements and 
criteria of sections 11.1.1 and 12.0 of Performance Specification 15 of 
appendix B of part 60 of this chapter.
    (C) For carbon monoxide, Procedure 1 in appendix F of part 60 of 
this chapter.
    (D) [Reserved]
    (E) For mercury, Procedures 5 in appendix F of part 60 of this 
chapter.
    (F) For nitrogen oxides, Procedure 1 in appendix F of part 60 of 
this chapter.
    (G) For sulfur dioxide, Procedure 1 in appendix F of part 60 of this 
chapter.
    (iv) If your monitoring system has a malfunction or out-of-control 
period, you must complete repairs and resume operation of your 
monitoring system as expeditiously as possible.
    (4) During each relative accuracy test run of the continuous 
emissions monitoring system using the performance specifications in 
paragraph (b)(3)(ii) of this section, emission data for each regulated 
pollutant and oxygen (or carbon dioxide as established in paragraph 
(b)(5) of this section) must be collected concurrently (or within a 30- 
to 60-minute period) by both the continuous emissions monitoring systems 
and the test methods specified in paragraph (b)(4)(i) through (viii) of 
this section. Relative accuracy testing must be at representative 
operating conditions while the SSI unit is charging sewage sludge.
    (i) For particulate matter, Method 5 at 40 CFR part 60, appendix A-
3, or Method 26A or 29 at 40 CFR part 60, appendix A-8, shall be used.
    (ii) For hydrogen chloride, Method 26 or 26A at 40 CFR part 60, 
appendix A-8, shall be used, as specified in Tables 2 and 3 to this 
subpart.
    (iii) For carbon monoxide, Method 10, 10A, or 10B at 40 CFR part 60, 
appendix A-4, shall be used.
    (iv) For dioxins/furans, Method 23 at 40 CFR part 60, appendix A-7, 
shall be used.
    (v) For mercury, cadmium and lead, Method 29 at 40 CFR part 60, 
appendix A-8, shall be used. Alternatively for mercury, either Method 
30B at 40 CFR part 60, appendix A-8, or ASTM D6784-02 (Reapproved 2008) 
(see paragraph (e) of this section).
    (vi) For nitrogen oxides, Method 7 or 7E at 40 CFR part 60, appendix 
A-4, shall be used.
    (vii) For sulfur dioxide, Method 6 or 6C at 40 CFR part 60, appendix 
A-4, or as an alternative ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas 
Analyses [Part 10, Instruments and Apparatus] must be used (see 
paragraph (e) of this section). For sources that have actual inlet 
emissions less than 100 parts per million dry volume, the relative 
accuracy criterion for the inlet of the sulfur dioxide continuous 
emissions monitoring system should be no greater than 20-percent of the 
mean value of the method test data in terms of the units of the emission 
standard, or 5 parts per million dry volume absolute value of the mean 
difference between the method and the continuous emissions monitoring 
system, whichever is greater.
    (viii) For oxygen (or carbon dioxide as established in paragraph 
(b)(5) of this section), Method 3A or 3B at 40 CFR part 60, appendix A-
2, or as an alternative ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas 
Analyses [Part 10, Instruments and Apparatus], as applicable, must be 
used (see paragraph (e) of this section).
    (5) You may request that compliance with the emission limits be 
determined using carbon dioxide measurements corrected to an equivalent 
of 7-percent oxygen. If carbon dioxide is selected for use in diluent 
corrections, the relationship between oxygen and carbon dioxide levels 
must be established during the initial performance test according to the 
procedures and methods specified in paragraphs (b)(5)(i) through (iv) of 
this section. This relationship may be re-established during subsequent 
performance tests.

[[Page 593]]

    (i) The fuel factor equation in Method 3B at 40 CFR part 60, 
appendix A-2, must be used to determine the relationship between oxygen 
and carbon dioxide at a sampling location. Method 3A or 3B at 50 CFR 
part 60, appendix A-2, or as an alternative ANSI/ASME PTC 19.10-1981, 
Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus], as 
applicable, must be used to determine the oxygen concentration at the 
same location as the carbon dioxide monitor(see paragraph (e) of this 
section).
    (ii) Samples must be taken for at least 30 minutes in each hour.
    (iii) Each sample must represent a 1-hour average.
    (iv) A minimum of three runs must be performed.
    (6) You must operate the continuous monitoring system and collect 
data with the continuous monitoring system as follows:
    (i) You must collect data using the continuous monitoring system at 
all times the affected SSI unit is operating and at the intervals 
specified in paragraph (b)(6)(ii) of this section, except for periods of 
monitoring system malfunctions that occur during periods specified in 
Sec.  62.15995(a)(7)(i), repairs associated with monitoring system 
malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments). Any such periods that you do 
not collect data using the continuous monitoring system constitute a 
deviation from the monitoring requirements and must be reported in a 
deviation report.
    (ii) You must collect continuous emissions monitoring system data in 
accordance with Sec.  60.13(e)(2) of this chapter.
    (iii) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities must not be 
included in calculations used to report emissions or operating levels. 
Any such periods must be reported in a deviation report.
    (iv) Any data collected during periods when the monitoring system is 
out of control as specified in Sec.  60.4880(a)(7)(i) of this chapter, 
repairs associated with periods when the monitoring system is out of 
control, or required monitoring system quality assurance or control 
activities conducted during out-of-control periods must not be included 
in calculations used to report emissions or operating levels. Any such 
periods that do not coincide with a monitoring system malfunction as 
defined in Sec.  62.16045, constitute a deviation from the monitoring 
requirements and must be reported in a deviation report.
    (v) You must use all the data collected during all periods except 
those periods specified in paragraphs (b)(6)(iii) and (iv) of this 
section in assessing the operation of the control device and associated 
control system.
    (7) If you elect to use a continuous automated sampling system 
instead of conducting annual performance testing, you must:
    (i) Install, calibrate, maintain and operate a continuous automated 
sampling system according to the site-specific monitoring plan developed 
in Sec.  60.58b(p)(1) through (6), (9), (10), and (q) of this chapter.
    (ii) Collect data according to Sec.  60.58b(p)(5) of this chapter 
and paragraph (b)(6) of this section.
    (c) Air pollution control device inspections. You must conduct air 
pollution control device inspections that include, at a minimum, the 
following:
    (1) Inspect air pollution control device(s) for proper operation.
    (2) Generally observe that the equipment is maintained in good 
operating condition.
    (3) Develop a site-specific monitoring plan according to the 
requirements in Sec.  62.15995. This requirement also applies to you if 
you petition the EPA Administrator for alternative monitoring parameters 
under Sec.  60.13(i) of this chapter.
    (d) Bypass stack. Use of the bypass stack at any time that sewage 
sludge is being charged to the SSI unit is an emissions standards 
deviation for all pollutants listed in Table 2 or 3 to this subpart. The 
use of the bypass stack during a performance test invalidates the 
performance test.
    (e) Incorporation by reference. These standards are incorporated by 
reference into this section with the approval of the Director of the 
Federal

[[Page 594]]

Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. All 
approved material is available for inspection at the U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW., Washington, DC 20460, 
(202) 272-0167, http://www.epa.gov. You may also inspect a copy 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.
    (1) American Society of Mechanical Engineers (ASME), Three Park 
Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web site: 
https://www.asme.org/).
    (i) ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 
10, Instruments and Apparatus].
    (ii) [Reserved]
    (2) ASTM Int'l, 100 Barr Harbor Drive, Post Office Box C700, West 
Conshohocken, PA 19428-2959; or ProQuest, 300 North Zeeb Road, Ann 
Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: http://www.astm.org/).
    (i) ASTM D6784-02 (Reapproved 2008) Standard Test Method for 
Elemental, Oxidized, Particle-Bound and Total Mercury in Flue Gas 
Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), 
approved April 1, 2008.
    (ii) [Reserved]
    (3) U.S. Environmental Protection Agency, 1200 Pennsylvania Avenue 
NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov.
    (i) OAQPS Fabric Filter Bag Leak Detection Guidance, EPA-454/R-98-
015, September 1997.
    (ii) [Reserved]



Sec.  62.16020  What are the monitoring and calibration requirements for
compliance with my operating limits?

    (a) You must install, operate, calibrate and maintain the continuous 
parameter monitoring systems according to the requirements in paragraphs 
(a)(1) and (2) of this section.
    (1) Meet the following general requirements for flow, pressure, pH 
and operating temperature measurement devices:
    (i) You must collect data using the continuous monitoring system at 
all times the affected SSI unit is operating and at the intervals 
specified in paragraph (a)(1)(ii) of this section, except for periods of 
monitoring system malfunctions that occur during periods specified 
defined in Sec.  62.15995(a)(7)(i), repairs associated with monitoring 
system malfunctions, and required monitoring system quality assurance or 
quality control activities (including, as applicable, calibration checks 
and required zero and span adjustments). Any such periods that you do 
not collect data using the continuous monitoring system constitute a 
deviation from the monitoring requirements and must be reported in a 
deviation report.
    (ii) You must collect continuous parameter monitoring system data in 
accordance with Sec.  60.13(e)(2) of this chapter.
    (iii) Any data collected during monitoring system malfunctions, 
repairs associated with monitoring system malfunctions, or required 
monitoring system quality assurance or control activities must not be 
included in calculations used to report emissions or operating levels. 
Any such periods must be reported in your annual deviation report.
    (iv) Any data collected during periods when the monitoring system is 
out of control as specified in Sec.  62.15995(a)(7)(i) must not be 
included in calculations used to report emissions or operating levels. 
Any such periods that do not coincide with a monitoring system 
malfunction, as defined in Sec.  62.16045, constitute a deviation from 
the monitoring requirements and must be reported in a deviation report.
    (v) You must use all the data collected during all periods except 
those periods specified in paragraphs (a)(1)(iii) and (iv) of this 
section in assessing the operation of the control device and associated 
control system.
    (vi) Record the results of each inspection, calibration and 
validation check.
    (2) Operate and maintain your continuous monitoring system according 
to your monitoring plan required under Sec.  60.4880 of this chapter. 
Additionally:
    (i) For carrier gas flow rate monitors (for activated carbon 
injection), during

[[Page 595]]

the performance test conducted pursuant to Sec.  60.4885 chapter, you 
must demonstrate that the system is maintained within 5-percent accuracy, according to the procedures in 
appendix A to part 75 of this chapter.
    (ii) For carrier gas pressure drop monitors (for activated carbon 
injection), during the performance test conducted pursuant to Sec.  
60.4885 of this chapter, you must demonstrate that the system is 
maintained within 5-percent accuracy.
    (b) You must operate and maintain your bag leak detection system in 
continuous operation according to your monitoring plan required under 
Sec.  60.4880 of this chapter. Additionally:
    (1) For positive pressure fabric filter systems that do not duct all 
compartments of cells to a common stack, a bag leak detection system 
must be installed in each baghouse compartment or cell.
    (2) Where multiple bag leak detectors are required, the system's 
instrumentation and alarm may be shared among detectors.
    (3) You must initiate procedures to determine the cause of every 
alarm within 8 hours of the alarm, and you must alleviate the cause of 
the alarm within 24 hours of the alarm by taking whatever corrective 
action(s) are necessary. Corrective actions may include, but are not 
limited to the following:
    (i) Inspecting the fabric filter for air leaks, torn or broken bags 
or filter media or any other condition that may cause an increase in 
particulate matter emissions.
    (ii) Sealing off defective bags or filter media.
    (iii) Replacing defective bags or filter media or otherwise 
repairing the control device.
    (iv) Sealing off a defective fabric filter compartment.
    (v) Cleaning the bag leak detection system probe or otherwise 
repairing the bag leak detection system.
    (vi) Shutting down the process producing the particulate matter 
emissions.
    (c) You must operate and maintain the continuous parameter 
monitoring systems specified in paragraphs (a) and (b) of this section 
in continuous operation according to your monitoring plan required under 
Sec.  60.4880 of this chapter.
    (d) If your SSI unit has a bypass stack, you must install, calibrate 
(to manufacturers' specifications), maintain and operate a device or 
method for measuring the use of the bypass stack including date, time 
and duration.

                       Recordkeeping and Reporting



Sec.  62.16025  What records must I keep?

    You must maintain the items (as applicable) specified in paragraphs 
(a) through (n) of this section for a period of at least 5 years. All 
records must be available on site in either paper copy or computer-
readable format that can be printed upon request, unless an alternative 
format is approved by the Administrator.
    (a) Date. Calendar date of each record.
    (b) Final control plan and final compliance. Copies of the final 
control plan and any additional notifications, reported under Sec.  
62.16030.
    (c) Operator training. Documentation of the operator training 
procedures and records specified in paragraphs (c)(1) through (4) of 
this section. You must make available and readily accessible at the 
facility at all times for all SSI unit operators the documentation 
specified in paragraph (c)(1) of this section.
    (1) Documentation of the following operator training procedures and 
information:
    (i) Summary of the applicable standards under this subpart.
    (ii) Procedures for receiving, handling and feeding sewage sludge.
    (iii) Incinerator startup, shutdown, and malfunction preventative 
and corrective procedures.
    (iv) Procedures for maintaining proper combustion air supply levels.
    (v) Procedures for operating the incinerator and associated air 
pollution control systems within the standards established under this 
subpart.
    (vi) Monitoring procedures for demonstrating compliance with the 
incinerator operating limits.
    (vii) Reporting and recordkeeping procedures.
    (viii) Procedures for handling ash.

[[Page 596]]

    (ix) A list of the materials burned during the performance test, if 
in addition to sewage sludge.
    (x) For each qualified operator and other plant personnel who may 
operate the unit according to the provisions of Sec.  62.15945(a), the 
phone and/or pager number at which they can be reached during operating 
hours.
    (2) Records showing the names of SSI unit operators and other plant 
personnel who may operate the unit according to the provisions of Sec.  
62.15945(a), as follows:
    (i) Records showing the names of SSI unit operators and other plant 
personnel who have completed review of the information in paragraph 
(c)(1) of this section as required by Sec.  62.15950(b), including the 
date of the initial review and all subsequent annual reviews.
    (ii) Records showing the names of the SSI unit operators who have 
completed the operator training requirements under Sec.  62.15920, met 
the criteria for qualification under Sec.  62.15930, and maintained or 
renewed their qualification under Sec.  62.15935 or Sec.  62.15940. 
Records must include documentation of training, including the dates of 
their initial qualification and all subsequent renewals of such 
qualifications.
    (3) Records showing the periods when no qualified operators were 
accessible for more than 8 hours, but less than 2 weeks, as required in 
Sec.  62.15945(a).
    (4) Records showing the periods when no qualified operators were 
accessible for 2 weeks or more along with copies of reports submitted as 
required in Sec.  62.15945(b).
    (d) Air pollution control device inspections. Records of the results 
of initial and annual air pollution control device inspections conducted 
as specified in Sec. Sec.  62.15990 and 62.16015(c), including any 
required maintenance and any repairs not completed within 10 days of an 
inspection or the timeframe established by the Administrator.
    (e) Performance test reports. (1) The results of the initial, annual 
and any subsequent performance tests conducted to determine compliance 
with the emission limits and standards and/or to establish operating 
limits, as applicable.
    (2) Retain a copy of the complete performance test report, including 
calculations.
    (3) Keep a record of the hourly dry sludge feed rate measured during 
performance test runs as specified in Sec.  62.16015(a)(2)(i).
    (4) Keep any necessary records to demonstrate that the performance 
test was conducted under conditions representative of normal operations, 
including a record of the moisture content measured as required in Sec.  
62.16015(a)(2)(ii) for each grab sample taken of the sewage sludge 
burned during the performance test.
    (f) Continuous monitoring data. Records of the following data, as 
applicable:
    (1) For continuous emissions monitoring systems, all 1-hour average 
concentrations of particulate matter, hydrogen chloride, carbon 
monoxide, dioxins/furans total mass basis, mercury, nitrogen oxides, 
sulfur dioxide, cadmium and lead emissions.
    (2) For continuous automated sampling systems, all average 
concentrations measured for mercury and dioxins/furans total mass basis 
at the frequencies specified in your monitoring plan.
    (3) For continuous parameter monitoring systems:
    (i) All 1-hour average values recorded for the following operating 
parameters, as applicable:
    (A) Combustion chamber operating temperature (or afterburner 
temperature).
    (B) If a wet scrubber is used to comply with the rule, pressure drop 
across each wet scrubber system and liquid flow rate to each wet 
scrubber used to comply with the emission limit in Table 2 or 3 to this 
subpart for particulate matter, cadmium or lead and scrubber liquid flow 
rate and scrubber liquid pH for each wet scrubber used to comply with an 
emission limit in Table 2 or 3 to this subpart for sulfur dioxide or 
hydrogen chloride.
    (C) If an electrostatic precipitator is used to comply with the 
rule, secondary voltage of the electrostatic precipitator collection 
plates and secondary amperage of the electrostatic

[[Page 597]]

precipitator collection plates and effluent water flow rate at the 
outlet of the wet electrostatic precipitator.
    (D) If activated carbon injection is used to comply with the rule, 
sorbent flow rate and carrier gas flow rate or pressure drop, as 
applicable.
    (ii) All daily average values recorded for the feed rate and 
moisture content of the sewage sludge fed to the sewage sludge 
incinerator, monitored and calculated as specified in Sec.  62.15960(f).
    (iii) If a fabric filter is used to comply with the rule, the date, 
time and duration of each alarm and the time corrective action was 
initiated and completed, and a brief description of the cause of the 
alarm and the corrective action taken. You must also record the percent 
of operating time during each 6-month period that the alarm sounds, 
calculated as specified in Sec.  62.16005.
    (iv) For other control devices for which you must establish 
operating limits under Sec.  62.15965, you must maintain data collected 
for all operating parameters used to determine compliance with the 
operating limits, at the frequencies specified in your monitoring plan.
    (g) Other records for continuous monitoring systems. You must keep 
the following records, as applicable:
    (1) Keep records of any notifications to the Administrator in Sec.  
60.4915(h)(1) of this chapter of starting or stopping use of a 
continuous monitoring system for determining compliance with any 
emissions limit.
    (2) Keep records of any requests under Sec.  62.16015(b)(5) that 
compliance with the emission limits be determined using carbon dioxide 
measurements corrected to an equivalent of 7-percent oxygen.
    (3) If activated carbon injection is used to comply with the rule, 
the type of sorbent used and any changes in the type of sorbent used.
    (h) Deviation reports. Records of any deviation reports submitted 
under Sec.  62.16030(e) and (f).
    (i) Equipment specifications and operation and maintenance 
requirements. Equipment specifications and related operation and 
maintenance requirements received from vendors for the incinerator, 
emission controls and monitoring equipment.
    (j) Inspections, calibrations and validation checks of monitoring 
devices. Records of inspections, calibration and validation checks of 
any monitoring devices as required under Sec. Sec.  62.16015 and 
62.16020.
    (k) Monitoring plan and performance evaluations for continuous 
monitoring systems. Records of the monitoring plans required under Sec.  
62.15995, and records of performance evaluations required under Sec.  
62.16000(b)(5).
    (l) Less frequent testing. If, consistent with Sec.  62.16000(a)(3), 
you elect to conduct performance tests less frequently than annually, 
you must keep annual records that document that your emissions in the 
two previous consecutive years were at or below 75-percent of the 
applicable emission limit in Table 1 or 2 to this subpart, and document 
that there were no changes in source operations or air pollution control 
equipment that would cause emissions of the relevant pollutant to 
increase within the past 2 years.
    (m) Use of bypass stack. Records indicating use of the bypass stack, 
including dates, times and durations as required under Sec.  
62.16020(d).
    (n) If a malfunction occurs, you must keep a record of the 
information submitted in your annual report in Sec.  62.16030(c)(16).



Sec.  62.16030  What reports must I submit?

    You must submit the reports to the Administrator specified in 
paragraphs (a) through (i) of this section. See Table 6 to this subpart 
for a summary of these reports.
    (a) Final control plan and final compliance report. You must submit 
the following reports, as applicable:
    (1) A final control plan as specified in Sec. Sec.  62.15875 and 
62.15900.
    (2) You must submit your notification of achievement of submitting 
the final control plan and achieving final compliance no later than 10 
business days after the compliance date as specified in Sec. Sec.  
62.15885 and 62.15890.
    (3) If you fail to submit the final control plan and achieve final 
compliance, you must submit a notification to the Administrator 
postmarked within 10

[[Page 598]]

business days after the compliance date, as specified in Sec.  62.15895.
    (4) If you plan to close your SSI unit rather than comply with the 
federal plan, submit a closure notification as specified in Sec.  
62.15915.
    (b) Initial compliance report. You must submit the following 
information no later than 60 days following the initial performance 
test.
    (1) Company name, physical address and mailing address.
    (2) Statement by a responsible official, with that official's name, 
title and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report.
    (4) The complete test report for the initial performance test 
results obtained by using the test methods specified in Table 2 or 3 to 
this subpart.
    (5) If an initial performance evaluation of a continuous monitoring 
system was conducted, the results of that initial performance 
evaluation.
    (6) The values for the site-specific operating limits established 
pursuant to Sec. Sec.  62.15960 and 62.15965 and the calculations and 
methods, as applicable, used to establish each operating limit.
    (7) If you are using a fabric filter to comply with the emission 
limits, documentation that a bag leak detection system has been 
installed and is being operated, calibrated, and maintained as required 
by Sec.  62.15960(b).
    (8) The results of the initial air pollution control device 
inspection required in Sec.  62.15990, including a description of 
repairs.
    (9) The site-specific monitoring plan required under Sec.  62.15995, 
at least 60 days before your initial performance evaluation of your 
continuous monitoring system.
    (10) The site-specific monitoring plan for your ash handling system 
required under Sec.  62.15995, at least 60 days before your initial 
performance test to demonstrate compliance with your fugitive ash 
emission limit.
    (c) Annual compliance report. You must submit an annual compliance 
report that includes the items listed in paragraphs (c)(1) through (16) 
of this section for the reporting period specified in paragraph (c)(3) 
of this section. You must submit your first annual compliance report no 
later than 12 months following the submission of the initial compliance 
report in paragraph (b) of this section. You must submit subsequent 
annual compliance reports no more than 12 months following the previous 
annual compliance report. (You may be required to submit similar or 
additional compliance information more frequently by the title V 
operating permit required in Sec.  62.16035.)
    (1) Company name, physical address and mailing address.
    (2) Statement by a responsible official, with that official's name, 
title and signature, certifying the accuracy of the content of the 
report.
    (3) Date of report and beginning and ending dates of the reporting 
period.
    (4) If a performance test was conducted during the reporting period, 
the results of that performance test.
    (i) If operating limits were established during the performance 
test, include the value for each operating limit and, as applicable, the 
method used to establish each operating limit, including calculations.
    (ii) If activated carbon is used during the performance test, 
include the type of activated carbon used.
    (5) For each pollutant and operating parameter recorded using a 
continuous monitoring system, the highest average value and lowest 
average value recorded during the reporting period, as follows:
    (i) For continuous emission monitoring systems and continuous 
automated sampling systems, report the highest and lowest 24-hour 
average emission value.
    (ii) For continuous parameter monitoring systems, report the 
following values:
    (A) For all operating parameters except scrubber liquid pH, the 
highest and lowest 12-hour average values.
    (B) For scrubber liquid pH, the highest and lowest 3-hour average 
values.
    (6) If there are no deviations during the reporting period from any 
emission limit, emission standard or operating limit that applies to 
you, a statement that there were no deviations from the emission limits, 
emission standard or operating limits.
    (7) Information for bag leak detection systems recorded under Sec.  
62.16025(f)(3)(iii).

[[Page 599]]

    (8) If a performance evaluation of a continuous monitoring system 
was conducted, the results of that performance evaluation. If new 
operating limits were established during the performance evaluation, 
include your calculations for establishing those operating limits.
    (9) If you elect to conduct performance tests less frequently as 
allowed in Sec.  62.16000(a)(3) and did not conduct a performance test 
during the reporting period, you must include the dates of the last two 
performance tests, a comparison of the emission level you achieved in 
the last two performance tests to the 75-percent emission limit 
threshold specified in Sec.  62.16000(a)(3), and a statement as to 
whether there have been any process changes and whether the process 
change resulted in an increase in emissions.
    (10) Documentation of periods when all qualified sewage sludge 
incineration unit operators were unavailable for more than 8 hours, but 
less than 2 weeks.
    (11) Results of annual air pollution control device inspections 
recorded under Sec.  62.16025(d) for the reporting period, including a 
description of repairs.
    (12) If there were no periods during the reporting period when your 
continuous monitoring systems had a malfunction, a statement that there 
were no periods during which your continuous monitoring systems had a 
malfunction.
    (13) If there were no periods during the reporting period when a 
continuous monitoring system was out of control, a statement that there 
were no periods during which your continuous monitoring systems were out 
of control.
    (14) If there were no operator training deviations, a statement that 
there were no such deviations during the reporting period.
    (15) If you did not make revisions to your site-specific monitoring 
plan during the reporting period, a statement that you did not make any 
revisions to your site-specific monitoring plan during the reporting 
period. If you made revisions to your site-specific monitoring plan 
during the reporting period, a copy of the revised plan.
    (16) If you had a malfunction during the reporting period, the 
compliance report must include the number, duration, and a brief 
description for each type of malfunction that occurred during the 
reporting period and that caused or may have caused any applicable 
emission limitation to be exceeded. The report must also include a 
description of actions taken by an owner or operator during a 
malfunction of an affected source to minimize emissions in accordance 
with Sec.  60.11(d), including actions taken to correct a malfunction.
    (d) Deviation reports. (1) You must submit a deviation report if:
    (i) Any recorded operating parameter level, based on the averaging 
time specified in Table 4 to this subpart, is above the maximum 
operating limit or below the minimum operating limit established under 
this subpart.
    (ii) The bag leak detection system alarm sounds for more than 5-
percent of the operating time for the 6-month reporting period.
    (iii) Any recorded 24-hour block average emissions level is above 
the emission limit, if a continuous monitoring system is used to comply 
with an emission limit.
    (iv) There are visible emissions of combustion ash from an ash 
conveying system for more than 5-percent of any compliance test hourly 
observation period.
    (v) A performance test was conducted that deviated from any emission 
limit in Table 2 or 3 to this subpart.
    (vi) A continuous monitoring system was out of control.
    (vii) You had a malfunction (e.g., continuous monitoring system 
malfunction) that caused or may have caused any applicable emission 
limit to be exceeded.
    (2) The deviation report must be submitted by August 1 of that year 
for data collected during the first half of the calendar year (January 1 
to June 30), and by February 1 of the following year for data you 
collected during the second half of the calendar year (July 1 to 
December 31).
    (3) For each deviation where you are using a continuous monitoring 
system to comply with an associated emission limit or operating limit, 
report the items described in paragraphs (d)(3)(i) through (viii) of 
this section.

[[Page 600]]

    (i) Company name, physical address and mailing address.
    (ii) Statement by a responsible official, with that official's name, 
title and signature, certifying the accuracy of the content of the 
report.
    (iii) The calendar dates and times your unit deviated from the 
emission limits, emission standards or operating limits requirements.
    (iv) The averaged and recorded data for those dates.
    (v) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits and your 
corrective actions.
    (B) Bypass events and your corrective actions.
    (vi) Dates, times and causes for monitor downtime incidents.
    (vii) A copy of the operating parameter monitoring data during each 
deviation and any test report that documents the emission levels.
    (viii) If there were periods during which the continuous monitoring 
system malfunctioned or was out of control, you must include the 
following information for each deviation from an emission limit or 
operating limit:
    (A) The date and time that each malfunction started and stopped.
    (B) The date, time and duration that each continuous monitoring 
system was inoperative, except for zero (low-level) and high-level 
checks.
    (C) The date, time and duration that each continuous monitoring 
system was out of control, including start and end dates and hours and 
descriptions of corrective actions taken.
    (D) The date and time that each deviation started and stopped, and 
whether each deviation occurred during a period of malfunction, during a 
period when the system as out of control or during another period.
    (E) A summary of the total duration of the deviation during the 
reporting period, and the total duration as a percent of the total 
source operating time during that reporting period.
    (F) A breakdown of the total duration of the deviations during the 
reporting period into those that are due to control equipment problems, 
process problems, other known causes and other unknown causes.
    (G) A summary of the total duration of continuous monitoring system 
downtime during the reporting period, and the total duration of 
continuous monitoring system downtime as a percent of the total 
operating time of the SSI unit at which the continuous monitoring system 
downtime occurred during that reporting period.
    (H) An identification of each parameter and pollutant that was 
monitored at the SSI unit.
    (I) A brief description of the SSI unit.
    (J) A brief description of the continuous monitoring system.
    (K) The date of the latest continuous monitoring system 
certification or audit.
    (L) A description of any changes in continuous monitoring system, 
processes, or controls since the last reporting period.
    (4) For each deviation where you are not using a continuous 
monitoring system to comply with the associated emission limit or 
operating limit, report the following items:
    (i) Company name, physical address and mailing address.
    (ii) Statement by a responsible official, with that official's name, 
title and signature, certifying the accuracy of the content of the 
report.
    (iii) The total operating time of each affected source during the 
reporting period.
    (iv) The calendar dates and times your unit deviated from the 
emission limits, emission standards or operating limits requirements.
    (v) The averaged and recorded data for those dates.
    (vi) Duration and cause of each deviation from the following:
    (A) Emission limits, emission standards, operating limits and your 
corrective actions.
    (B) Bypass events and your corrective actions.
    (vii) A copy of any performance test report that showed a deviation 
from the emission limits or standards.
    (viii) A brief description of any malfunction reported in paragraph 
(d)(1)(vii) of this section, including a description of actions taken 
during the malfunction to minimize emissions in accordance with Sec.  
60.11(d) of this chapter and to correct the malfunction.

[[Page 601]]

    (e) Qualified operator deviation. (1) If all qualified operators are 
not accessible for 2 weeks or more, you must take the two actions in 
paragraphs (e)(1)(i) and (ii) of this section.
    (i) Submit a notification of the deviation within 10 days that 
includes the three items in paragraphs (e)(1)(i)(A) through (C) of this 
section.
    (A) A statement of what caused the deviation.
    (B) A description of actions taken to ensure that a qualified 
operator is accessible.
    (C) The date when you anticipate that a qualified operator will be 
available.
    (ii) Submit a status report to the Administrator every 4 weeks that 
includes the three items in paragraphs (e)(1)(ii)(A) through (C) of this 
section.
    (A) A description of actions taken to ensure that a qualified 
operator is accessible.
    (B) The date when you anticipate that a qualified operator will be 
accessible.
    (C) Request for approval from the Administrator to continue 
operation of the SSI unit.
    (2) If your unit was shut down by the Administrator, under the 
provisions of Sec.  62.15945(b)(2)(i), due to a failure to provide an 
accessible qualified operator, you must notify the Administrator within 
five days of meeting Sec.  62.15945(b)(2)(ii) that you are resuming 
operation.
    (f) Notification of a force majeure. If a force majeure is about to 
occur, occurs, or has occurred for which you intend to assert a claim of 
force majeure:
    (1) You must notify the Administrator, in writing as soon as 
practicable following the date you first knew, or through due diligence, 
should have known that the event may cause or caused a delay in 
conducting a performance test beyond the regulatory deadline, 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 must occur as soon as 
practicable.
    (2) You must provide to the Administrator a written description of 
the force majeure event and a rationale for attributing the delay in 
conducting the performance test 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 you propose to conduct the 
performance test.
    (g) Other notifications and reports required. You must submit other 
notifications as provided by Sec.  60.7 of this chapter and as follows:
    (1) You must notify the Administrator 1 month before starting or 
stopping use of a continuous monitoring system for determining 
compliance with any emission limit.
    (2) You must notify the Administrator at least 30 days prior to any 
performance test conducted to comply with the provisions of this 
subpart, to afford the Administrator the opportunity to have an observer 
present.
    (3) As specified in Sec.  62.16015(a)(8), you must notify the 
Administrator at least 7 days prior to the date of a rescheduled 
performance test for which notification was previously made in paragraph 
(g)(2) of this section.
    (h) Report submission form. (1) Submit initial, annual and deviation 
reports electronically or in paper format, postmarked on or before the 
submittal due dates.
    (2) Submit performance tests and evaluations according to paragraphs 
(h)(2)(i) and (ii) of this section.
    (i) Within 60 days after the date of completing each performance 
test (see Sec.  60.8 of this chapter) required by this subpart, you must 
submit the results of the performance test according to the method 
specified by either paragraph (h)(2)(i)(A) or (B) of this section.
    (A) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT Web site 
(http://www.epa.gov/ttn/chief/ert/index.html), at the time of the test, 
you must submit the results of the performance test to the Compliance 
and Emissions Data Reporting Interface (CEDRI). (CEDRI can be accessed 
through the EPA's Central Data Exchange (CDX) (https://cdx.epa.gov/).) 
Performance test data must be submitted in a file format generated 
through the use of the EPA's ERT or an alternate electronic file format 
consistent with the extensible

[[Page 602]]

markup language (XML) schema listed on the EPA's ERT Web site. If you 
claim that some of the performance test information being transmitted is 
confidential business information (CBI), you must submit a complete file 
generated through the use of the EPA's ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disk, flash drive, 
or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT 
file with the CBI omitted must be submitted to the EPA via CDX as 
described earlier in this paragraph (h)(2)(i)(A).
    (B) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT Web site, you must submit the 
results of the performance test to the Administrator at the appropriate 
address listed in Sec.  60.4 of this chapter.
    (ii) Within 60 days after the date of completing each CEMS 
performance evaluation (as defined in Sec.  63.2 of this chapter), you 
must submit the results of the performance evaluation according to the 
method specified by either paragraph (h)(2)(ii)(A) or (B) of this 
section.
    (A) For performance evaluations of continuous monitoring systems 
measuring relative accuracy test audit (RATA) pollutants that are 
supported by the EPA's ERT as listed on the EPA's ERT Web site, you must 
submit the results of the performance evaluation via the CEDRI. (CEDRI 
can be accessed through the EPA's CDX.) Performance evaluation data must 
be submitted in a file format generated through the use of the EPA's ERT 
or an alternate file format consistent with the XML schema listed on the 
EPA's ERT Web site. If you claim that some of the performance evaluation 
information being transmitted is CBI, you must submit a complete file 
generated through the use of the EPA's ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT Web site, 
including information claimed to be CBI, on a compact disk, flash drive, 
or other commonly used electronic storage media to the EPA. The 
electronic storage media must be clearly marked as CBI and mailed to 
U.S. EPA/OAQPS/CORE CBI Office, Attention: Group Leader, Measurement 
Policy Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same 
ERT or alternate file with the CBI omitted must be submitted to the EPA 
via CDX as described earlier in this paragraph (h)(2)(ii)(A).
    (B) For any performance evaluations of continuous monitoring systems 
measuring RATA pollutants that are not supported by the EPA's ERT as 
listed on the EPA's ERT Web site, you must submit the results of the 
performance evaluation to the Administrator at the appropriate address 
listed in Sec.  60.4 of this chapter.
    (3) Changing report dates. If the Administrator agrees, you may 
change the semiannual or annual reporting dates. See Sec.  60.19(c) of 
this chapter for procedures to seek approval to change your reporting 
date.

                       Title V--Operating Permits



Sec.  62.16035  Am I required to apply for and obtain a title V operating
permit for my existing SSI unit?

    Yes, if you are subject to an applicable EPA-approved and effective 
CAA section 111(d)/129 state or tribal plan or an applicable and 
effective federal plan, you are required to apply for and obtain a title 
V operating permit for your existing SSI unit unless you meet the 
relevant requirements for an exemption specified in Sec.  62.15860.



Sec.  62.16040  When must I submit a title V permit application for my 
existing SSI unit?

    (a) If your existing SSI unit is not subject to an earlier permit 
application deadline, a complete title V permit application must be 
submitted on or before the earlier of the dates specified in paragraphs 
(a)(1) through (3) of this section. (See sections 129(e), 503(c), 
503(d), and 502(a) of the Clean Air Act and 40 CFR 70.5(a)(1)(i) and 
71.5(a)(1)(i)).
    (1) 12 months after the effective date of any applicable EPA-
approved Clean

[[Page 603]]

Air Act section 111(d)/129 state or tribal plan.
    (2) 12 months after the effective date of any applicable federal 
plan.
    (3) March 21, 2014.
    (b) For any existing unit not subject to an earlier permit 
application deadline, the application deadline of 36 months after the 
promulgation of 40 CFR part 60, subpart MMMM, applies regardless of 
whether or when any applicable federal plan is effective, or whether or 
when any applicable Clean Air Act section 111(d)/129 state or tribal 
plan is approved by the EPA and becomes effective.
    (c) If your existing unit is subject to title V as a result of some 
triggering requirement(s) other than those specified in paragraphs (a) 
and (b) of this section (for example, a unit may be a major source or 
part of a major source), then your unit may be required to apply for a 
title V permit prior to the deadlines specified in paragraphs (a) and 
(b). If more than one requirement triggers a source's obligation to 
apply for a title V permit, the 12-month time frame for filing a title V 
permit application is triggered by the requirement which first causes 
the source to be subject to title V. (See section 503(c) of the Clean 
Air Act and 40 CFR 70.3(a) and (b), 70.5(a)(1)(i), 71.3(a) and (b), and 
71.5(a)(1)(i).)
    (d) A ``complete'' title V permit application is one that has been 
determined or deemed complete by the relevant permitting authority under 
section 503(d) of the Clean Air Act and 40 CFR 70.5(a)(2) or 71.5(a)(2). 
You must submit a complete permit application by the relevant 
application deadline in order to operate after this date in compliance 
with federal law. (See sections 503(d) and 502(a) of the Clean Air Act 
and 40 CFR 70.7(b) and 71.7(b).)

                               Definitions



Sec.  62.16045  What definitions must I know?

    Terms used but not defined in this subpart are defined in the Clean 
Air Act and Sec.  60.2 of this chapter.
    Administrator means:
    (1) For units covered by the federal plan, the Administrator of the 
EPA or his/her authorized representative (e.g., delegated authority).
    (2) For units covered by an approved state plan, the director of the 
state air pollution control agency or his/her authorized representative.
    Affected source means a sewage sludge incineration unit as defined 
in Sec.  62.16045.
    Affirmative defense means, in the context of an enforcement 
proceeding, a response or defense put forward by a defendant, regarding 
which the defendant has the burden of proof, and the merits of which are 
independently and objectively evaluated in a judicial or administrative 
proceeding.
    Auxiliary fuel means natural gas, liquefied petroleum gas, fuel oil 
or diesel fuel.
    Bag leak detection system means an instrument that is capable of 
monitoring particulate matter loadings in the exhaust of a fabric filter 
(i.e., baghouse) in order to detect bag failures. A bag leak detection 
system includes, but is not limited to, an instrument that operates on 
triboelectric, light scattering, light transmittance or other principle 
to monitor relative particulate matter loadings.
    Bypass stack means a device used for discharging combustion gases to 
avoid severe damage to the air pollution control device or other 
equipment.
    Calendar year means 365 consecutive days starting on January 1 and 
ending on December 31.
    Continuous automated sampling system means the total equipment and 
procedures for automated sample collection and sample recovery/analysis 
to determine a pollutant concentration or emission rate by collecting a 
single integrated sample(s) or multiple integrated sample(s) of the 
pollutant (or diluent gas) for subsequent on- or off-site analysis; 
integrated sample(s) collected are representative of the emissions for 
the sample time as specified by the applicable requirement.
    Continuous emissions monitoring system means a monitoring system for 
continuously measuring and recording the emissions of a pollutant from 
an affected facility.
    Continuous monitoring system (CMS) means a continuous emissions 
monitoring system, continuous automated

[[Page 604]]

sampling system, continuous parameter monitoring system or other manual 
or automatic monitoring that is used for demonstrating compliance with 
an applicable regulation on a continuous basis as defined by this 
subpart. The term refers to the total equipment used to sample and 
condition (if applicable), to analyze and to provide a permanent record 
of emissions or process parameters.
    Continuous parameter monitoring system means a monitoring system for 
continuously measuring and recording operating conditions associated 
with air pollution control device systems (e.g., operating temperature, 
pressure and power).
    Deviation means any instance in which an affected source subject to 
this subpart, or an owner or operator of such a source:
    (1) Fails to meet any requirement or obligation established by this 
subpart, including but not limited to any emission limit, operating 
limit, or operator qualification and accessibility requirements.
    (2) Fails to meet any term or condition that is adopted to implement 
an applicable requirement in this subpart and that is included in the 
operating permit for any affected source required to obtain such a 
permit.
    Dioxins/furans means tetra- through octa-chlorinated dibenzo-p-
dioxins and dibenzofurans.
    Electrostatic precipitator or wet electrostatic precipitator means 
an air pollution control device that uses both electrical forces and, if 
applicable, water to remove pollutants in the exit gas from a sewage 
sludge incinerator stack.
    Existing sewage sludge incineration unit means a sewage sludge 
incineration unit the construction of which is commenced on or before 
October 14, 2010.
    Fabric filter means an add-on air pollution control device used to 
capture particulate matter by filtering gas streams through filter 
media, also known as a baghouse.
    Fluidized bed incinerator means an enclosed device in which organic 
matter and inorganic matter in sewage sludge are combusted in a bed of 
particles suspended in the combustion chamber gas.
    Malfunction means any sudden, infrequent, and not reasonably 
preventable failure of air pollution control and monitoring equipment, 
process equipment or a process to operate in a normal or usual manner. 
Failures that are caused, in part, by poor maintenance or careless 
operation are not malfunctions.
    Modification means a change to an existing SSI unit later than 
September 21, 2011 and that meets one of two criteria:
    (1) The cumulative cost of the changes over the life of the unit 
exceeds 50-percent of the original cost of building and installing the 
SSI unit (not including the cost of land) updated to current costs 
(current dollars). To determine what systems are within the boundary of 
the SSI unit used to calculate these costs, see the definition of SSI 
unit.
    (2) Any physical change in the SSI unit or change in the method of 
operating it that increases the amount of any air pollutant emitted for 
which section 129 or section 111 of the Clean Air Act has established 
standards.
    Modified sewage sludge incineration unit means an existing SSI unit 
that undergoes a modification, as defined in this section.
    Multiple hearth incinerator means a circular steel furnace that 
contains a number of solid refractory hearths and a central rotating 
shaft; rabble arms that are designed to slowly rake the sludge on the 
hearth are attached to the rotating shaft. Dewatered sludge enters at 
the top and proceeds downward through the furnace from hearth to hearth, 
pushed along by the rabble arms.
    Operating day means a 24-hour period between 12:00 midnight and the 
following midnight during which any amount of sewage sludge is combusted 
at any time in the SSI unit.
    Particulate matter means filterable particulate matter emitted from 
SSI units as measured by Method 5 at 40 CFR part 60, appendix A-3, or 
Methods 26A or 29 at 40 CFR part 60, appendix A-8.
    Power input to the electrostatic precipitator means the product of 
the test-run average secondary voltage and the test-run average 
secondary amperage

[[Page 605]]

to the electrostatic precipitator collection plates.
    Process change means a significant permit revision, but only with 
respect to those pollutant-specific emission units for which the 
proposed permit revision is applicable, including but not limited to:
    (1) A change in the process employed at the wastewater treatment 
facility associated with the affected SSI unit (e.g., the addition of 
tertiary treatment at the facility, which changes the method used for 
disposing of process solids and processing of the sludge prior to 
incineration).
    (2) A change in the air pollution control devices used to comply 
with the emission limits for the affected SSI unit (e.g., change in the 
sorbent used for activated carbon injection).
    Sewage sludge means solid, semi-solid, or liquid residue generated 
during the treatment of domestic sewage in a treatment works. Sewage 
sludge includes, but is not limited to, domestic septage; scum or solids 
removed in primary, secondary or advanced wastewater treatment 
processes; and a material derived from sewage sludge. Sewage sludge does 
not include ash generated during the firing of sewage sludge in a sewage 
sludge incineration unit or grit and screenings generated during 
preliminary treatment of domestic sewage in a treatment works.
    Sewage sludge feed rate means the rate at which sewage sludge is fed 
into the incinerator unit.
    Sewage sludge incineration (SSI) unit means an incineration unit 
combusting sewage sludge for the purpose of reducing the volume of the 
sewage sludge by removing combustible matter. Sewage sludge incineration 
unit designs include fluidized bed and multiple hearth. AN SSI unit also 
includes, but is not limited to, the sewage sludge feed system, 
auxiliary fuel feed system, grate system, flue gas system, waste heat 
recovery equipment, if any, and bottom ash system. The SSI unit includes 
all ash handling systems connected to the bottom ash handling system. 
The combustion unit bottom ash system ends at the truck loading station 
or similar equipment that transfers the ash to final disposal. The SSI 
unit does not include air pollution control equipment or the stack.
    Shutdown means the period of time after all sewage sludge has been 
combusted in the primary chamber.
    Solid waste means any garbage, refuse, sewage sludge from a waste 
treatment plant, water supply treatment plant or air pollution control 
facility and other discarded material, including solid, liquid, 
semisolid or contained gaseous material resulting from industrial, 
commercial, mining, agricultural operations and from community 
activities, but does not include solid or dissolved material in domestic 
sewage, or solid or dissolved materials in irrigation return flows or 
industrial discharges which are point sources subject to permits under 
section 402 of the Federal Water Pollution Control Act, as amended (33 
U.S.C. 1342), or source, special nuclear, or byproduct material as 
defined by the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014).
    Standard conditions, when referring to units of measure, means a 
temperature of 68 [deg]F (20 [deg]C) and a pressure of 1 atmosphere 
(101.3 kilopascals).
    Startup means the period of time between the activation, including 
the firing of fuels (e.g., natural gas or distillate oil), of the system 
and the first feed to the unit.
    Toxic equivalency means the product of the concentration of an 
individual dioxin isomer in an environmental mixture and the 
corresponding estimate of the compound-specific toxicity relative to 
tetrachlorinated dibenzo-p-dioxin, referred to as the toxic equivalency 
factor for that compound. Table 5 to this subpart lists the toxic 
equivalency factors.
    Wet scrubber means an add-on air pollution control device that 
utilizes an aqueous or alkaline scrubbing liquid to collect particulate 
matter (including nonvaporous metals and condensed organics) and/or to 
absorb and neutralize acid gases.
    You means the owner or operator of an affected SSI unit.

[[Page 606]]

                         Delegation of Authority



Sec.  62.16050  What authorities will be retained by the EPA
Administrator?

    The authorities that will not be delegated to state, local, or 
tribal agencies are specified in paragraphs (a) through (g) of this 
section.
    (a) Approval of alternatives to the emission limits and standards in 
Tables 2 and 3 to this subpart and operating limits established under 
Sec.  62.15965 or Sec.  62.15985.
    (b) Approval of major alternatives to test methods.
    (c) Approval of major alternatives to monitoring.
    (d) Approval of major alternatives to recordkeeping and reporting.
    (e) The requirements in Sec.  62.15965.
    (f) The requirements in Sec.  62.15945(b)(2).
    (g) Performance test and data reduction waivers under Sec.  60.8(b) 
of this chapter.

   Table 1 to Subpart LLL of Part 62--Compliance Schedule for Existing
                    Sewage Sludge Incineration Units
------------------------------------------------------------------------
        Comply with these requirements                By this date
------------------------------------------------------------------------
1--Submit final control plan.................  March 21, 2016, for all
                                                units except East Bank
                                                Wastewater Treatment
                                                Plant, New Orleans,
                                                Louisiana, and Bayshore
                                                Regional Wastewater
                                                Treatment Plant in Union
                                                Beach, Monmouth County,
                                                NJ.
2--Final compliance..........................  For East Bank Wastewater
                                                Treatment Plant, New
                                                Orleans, Louisiana, and
                                                Bayshore Regional
                                                Wastewater Treatment
                                                Plant in Union Beach,
                                                Monmouth County, NJ,
                                                March 21, 2017.
------------------------------------------------------------------------


    Table 2 to Subpart LLL of Part 62--Emission Limits and Standards for Existing Fluidized Bed Sewage Sludge
                                               Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                                 Using these averaging
                                          You must meet this      methods and minimum        And determining
        For the air pollutant             emission limit \1\      sampling volumes or     compliance using this
                                                                       durations                  method
----------------------------------------------------------------------------------------------------------------
Particulate matter...................  18 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 5 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-3;
                                                                 meters sample per run).  Method 26A or Method
                                                                                          29 at 40 CFR part 60,
                                                                                          appendix A-8).
Hydrogen chloride....................  0.51 parts per million   3-run average (Collect   Performance test
                                        by dry volume.           a minimum volume of 1    (Method 26A at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Carbon monoxide......................  64 parts per million by  3-run average (collect   Performance test
                                        dry volume.              sample for a minimum     (Method 10, 10A, or
                                                                 duration of one hour     10B at 40 CFR part 60,
                                                                 per run).                appendix A-4).
Dioxins/furans (total mass basis); or  1.2 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter     a minimum volume of 1    (Method 23 at 40 CFR
                                        (total mass basis); or.  dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      0.10 nanograms per dry
 basis) \2\.                            standard cubic meter
                                        (toxic equivalency
                                        basis).
Mercury..............................  0.037 milligrams per     3-run average (For       Performance test
                                        dry standard cubic       Method 29 and ASTM       (Method 29 at 40 CFR
                                        meter.                   D6784-02 (Reapproved     part 60, appendix A-8;
                                                                 2008) \3\ , collect a    Method 30B at 40 CFR
                                                                 minimum volume of 1      part 60, appendix A-8;
                                                                 dry standard cubic       or ASTM D6784-02
                                                                 meters per run. For      (Reapproved 2008).\3
                                                                 Method 30B, collect a    5\
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A-8).
Oxides of nitrogen...................  150 parts per million    3-run average (Collect   Performance test
                                        by dry volume.           sample for a minimum     (Method 7 or 7E at 40
                                                                 duration of one hour     CFR part 60, appendix
                                                                 per run).                A-4).
Sulfur dioxide.......................  15 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 60     CFR part 40, appendix
                                                                 liters per run. For      A-4; or ANSI/ASME PTC-
                                                                 Method 6C, collect       19.10-1981.\3 4\
                                                                 sample for a minimum
                                                                 duration of one hour
                                                                 per run).
Cadmium..............................  0.0016 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8). Use GFAAS or ICP/
                                                                                          MS for the analytical
                                                                                          finish.

[[Page 607]]

 
Lead.................................  0.0074 milligrams per    3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-8.
                                                                 meters sample per run).  Use GFAAS or ICP/MS
                                                                                          for the analytical
                                                                                          finish.
Fugitive emissions from ash handling.  Visible emissions of     Three 1-hour             Visible emission test
                                        combustion ash from an   observation periods.     (Method 22 at 40 CFR
                                        ash conveying system                              part 60, appendix A-
                                        (including conveyor                               7).
                                        transfer points) for
                                        no more than 5 percent
                                        of any compliance test
                                        hourly observation
                                        period.
----------------------------------------------------------------------------------------------------------------
\1\ All emission limits are measured at 7-percent oxygen, dry basis at standard conditions.
\2\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\3\ The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C.
  552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200
  Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov. You may also inspect a copy
  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: {HYPERLINK ``http://www.archives.gov/federal_register/
  code_of_federal_regulations/ibr_locations.html''{time} .
\4\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American
  Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web
  site: https://www.asme.org/).
\5\ ASTM D6784-02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total
  Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved April 1,
  2008]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959;
  ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: http://www.astm.org/).


   Table 3 to Subpart LLL of Part 62--Emission Limits and Standards for Existing Multiple Hearth Sewage Sludge
                                               Incineration Units
----------------------------------------------------------------------------------------------------------------
                                                                 Using these averaging
                                          You must meet this      methods and minimum        And determining
        For the air pollutant             emission limit \1\      sampling volumes or     compliance using this
                                                                       durations                  method
----------------------------------------------------------------------------------------------------------------
Particulate matter...................  80 milligrams per dry    3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of      (Method 5 at 40 CFR
                                                                 0.75 dry standard        part 60, appendix A-3;
                                                                 cubic meters per run).   Method 26A or Method
                                                                                          29 at 40 CFR part 60,
                                                                                          appendix A-8).
Hydrogen chloride....................  1.2 parts per million    3-run average (For       Performance test
                                        by dry volume.           Method 26, collect a     (Method 26 or 26A at
                                                                 minimum volume of 200    40 CFR part 60,
                                                                 liters per run. For      appendix A-8).
                                                                 Method 26A, collect a
                                                                 minimum volume of 1
                                                                 dry standard cubic
                                                                 meters per run).
Carbon monoxide......................  3,800 parts per million  3-run average (collect   Performance test
                                        by dry volume.           sample for a minimum     (Method 10, 10A, or
                                                                 duration of one hour     10B at 40 CFR part 60,
                                                                 per run).                appendix A-4).
Dioxins/furans (total mass basis)....  5.0 nanograms per dry    3-run average (collect   Performance test
                                        standard cubic meter;    a minimum volume of 1    (Method 23 at 40 CFR
                                        or.                      dry standard cubic       part 60, appendix A-
                                                                 meters per run).         7).
Dioxins/furans (toxic equivalency      0.32 nanograms per dry
 basis). \2\                            standard cubic meter.
Mercury..............................  0.28 milligrams per dry  3-run average (For       Performance test
                                        standard cubic meter.    Method 29 and ASTM       (Method 29 at 40 CFR
                                                                 D6784-02 (Reapproved     part 60, appendix A-8;
                                                                 2008),\3\ collect a      Method 30B at 40 CFR
                                                                 minimum volume of 1      part 60, appendix A-8;
                                                                 dry standard cubic       or ASTM D6784-02
                                                                 meters per run. For      (Reapproved 2008).\3
                                                                 Method 30B, collect a    5\
                                                                 minimum sample as
                                                                 specified in Method
                                                                 30B at 40 CFR part 60,
                                                                 appendix A-8).
Oxides of nitrogen...................  220 parts per million    3-run average (Collect   Performance test
                                        by dry volume.           sample for a minimum     (Method 7 or 7E at 40
                                                                 duration of one hour     CFR part 60, appendix
                                                                 per run).                A-4).
Sulfur dioxide.......................  26 parts per million by  3-run average (For       Performance test
                                        dry volume.              Method 6, collect a      (Method 6 or 6C at 40
                                                                 minimum volume of 200    CFR part 40, appendix
                                                                 liters per run. For      A-4; or ANSI/ASME PTC
                                                                 Method 6C, collect       19.10-1981.\3 4\
                                                                 sample for a minimum
                                                                 duration of one hour
                                                                 per run).

[[Page 608]]

 
Cadmium..............................  0.095 milligrams per     3-run average (collect   Performance test
                                        dry standard cubic       a minimum volume of 1    (Method 29 at 40 CFR
                                        meter.                   dry standard cubic       part 60, appendix A-
                                                                 meters per run).         8).
Lead.................................  0.30 milligrams per dry  3-run average (collect   Performance test
                                        standard cubic meter.    a minimum volume of 1    (Method 29 at 40 CFR
                                                                 dry standard cubic       part 60, appendix A-8.
                                                                 meters per run).
Fugitive emissions from ash handling.  Visible emissions of     Three 1-hour             Visible emission test
                                        combustion ash from an   observation periods.     (Method 22 at 40 CFR
                                        ash conveying system                              part 60, appendix A-
                                        (including conveyor                               7).
                                        transfer points) for
                                        no more than 5 percent
                                        of any compliance test
                                        hourly observation
                                        period.
----------------------------------------------------------------------------------------------------------------
\1\ All emission limits are measured at 7-percent oxygen, dry basis at standard conditions.
\2\ You have the option to comply with either the dioxin/furan emission limit on a total mass basis or the
  dioxin/furan emission limit on a toxic equivalency basis.
\3\ The Director of the Federal Register approves these incorporations by reference in accordance with 5 U.S.C.
  552(a) and 1 CFR part 51. You may inspect these standards at U.S. Environmental Protection Agency, 1200
  Pennsylvania Avenue NW., Washington, DC 20460, (202) 272-0167, http://www.epa.gov. You may also inspect a copy
  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.
\4\ ANSI/ASME PTC 19.10-1981, Flue and Exhaust Gas Analyses [Part 10, Instruments and Apparatus]. American
  Society of Mechanical Engineers (ASME), Three Park Avenue, New York, NY 10016-5990 (Phone: 1-800-843-2763; Web
  site: https://www.asme.org/).
\5\ ASTM D6784-02 (Reapproved 2008) Standard Test Method for Elemental, Oxidized, Particle-Bound and Total
  Mercury in Flue Gas Generated from Coal-Fired Stationary Sources (Ontario Hydro Method), [approved April 1,
  2008]. ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959;
  ProQuest, 300 North Zeeb Road, Ann Arbor, MI 48106 (Phone: 1-877-909-2786; Web site: http://www.astm.org/).


    Table 4 to Subpart LLL of Part 62--Operating Parameters for Existing Sewage Sludge Incineration Units \1\
----------------------------------------------------------------------------------------------------------------
                                                              And monitor using these minimum frequencies
                                  You must establish -----------------------------------------------------------
 For these operating parameters     these operating                                             Data averaging
                                        limits         Data measurement   Data recording \2\      period for
                                                                                                  compliance
----------------------------------------------------------------------------------------------------------------
                                      All sewage sludge incineration units
----------------------------------------------------------------------------------------------------------------
Combustion chamber operating      Minimum combustion  Continuous........  Every 15 minutes..  12-hour block.
 temperature (not required if      chamber operating
 afterburner temperature is        temperature or
 monitored).                       afterburner
                                   temperature.
Fugitive emissions from ash       Site-specific       Not applicable....  Not applicable....  Not applicable.
 handling.                         operating
                                   requirements.
----------------------------------------------------------------------------------------------------------------
                                                    Scrubber
----------------------------------------------------------------------------------------------------------------
Pressure drop across each wet     Minimum pressure    Continuous........  Every 15 minutes..  12-hour block.
 scrubber.                         drop.
Scrubber liquid flow rate.......  Minimum flow rate.  Continuous........  Every 15 minutes..  12-hour block.
Scrubber liquid pH..............  Minimum pH........  Continuous........  Every 15 minutes..  3-hour block.
----------------------------------------------------------------------------------------------------------------
                                                  Fabric Filter
----------------------------------------------------------------------------------------------------------------
Alarm time of the bag leak           Maximum alarm time of the bag leak detection system alarm (this operating
 detection system alarm.           limit is provided in Sec.   60.4850 and is not established on a site-specific
                                                                       basis)
----------------------------------------------------------------------------------------------------------------
                                           Electrostatic precipitator
----------------------------------------------------------------------------------------------------------------
Secondary voltage of the          Minimum power       Continuous........  Hourly............  12-hour block.
 electrostatic precipitator        input to the
 collection plates.                electrostatic
                                   precipitator
                                   collection plates.
Secondary amperage of the
 electrostatic precipitator
 collection plates

[[Page 609]]

 
Effluent water flow rate at the   Minimum effluent    Hourly............  Hourly............  12-hour block.
 outlet of the electrostatic       water flow rate
 precipitator.                     at the outlet of
                                   the electrostatic
                                   precipitator.
----------------------------------------------------------------------------------------------------------------
                                           Activated carbon injection
----------------------------------------------------------------------------------------------------------------
Mercury sorbent injection rate..  Minimum mercury     Hourly............  Hourly............  12-hour block.
                                   sorbent injection
                                   rate.
Dioxin/furan sorbent injection    Minimum dioxin/
 rate.                             furan sorbent
                                   injection rate.
Carrier gas flow rate or carrier  Minimum carrier     Continuous........  Every 15 minutes..  12-hour block.
 gas pressure drop.                gas flow rate or
                                   minimum carrier
                                   gas pressure drop.
----------------------------------------------------------------------------------------------------------------
                                                   Afterburner
----------------------------------------------------------------------------------------------------------------
Temperature of the afterburner    Minimum             Continuous........  Every 15 minutes..  12-hour block.
 combustion chamber.               temperature of
                                   the afterburner
                                   combustion
                                   chamber.
----------------------------------------------------------------------------------------------------------------
\1\ As specified in Sec.   62.15985, you may use a continuous emissions monitoring system or continuous
  automated sampling system in lieu of establishing certain operating limits.
\2\ This recording time refers to the minimum frequency that the continuous monitor or other measuring device
  initially records data. For all data recorded every 15 minutes, you must calculate hourly arithmetic averages.
  For all parameters, you use hourly averages to calculate the 12-hour or 3-hour block average specified in this
  table for demonstrating compliance. You maintain records of 1-hour averages.


      Table 5 to Subpart LLL of Part 62--Toxic Equivalency Factors
------------------------------------------------------------------------
                                                     Toxic equivalency
               Dioxin/furan isomer                        factor
------------------------------------------------------------------------
2,3,7,8-tetrachlorinated dibenzo-p-dioxin.......  1
1,2,3,7,8-pentachlorinated dibenzo-p-dioxin.....  1
1,2,3,4,7,8-hexachlorinated dibenzo-p-dioxin....  0.1
1,2,3,7,8,9-hexachlorinated dibenzo-p-dioxin....  0.1
1,2,3,6,7,8-hexachlorinated dibenzo-p-dioxin....  0.1
1,2,3,4,6,7,8-heptachlorinated dibenzo-p-dioxin.  0.01
octachlorinated dibenzo-p-dioxin................  0.0003
2,3,7,8-tetrachlorinated dibenzofuran...........  0.1
2,3,4,7,8-pentachlorinated dibenzofuran.........  0.3
1,2,3,7,8-pentachlorinated dibenzofuran.........  0.03
1,2,3,4,7,8-hexachlorinated dibenzofuran........  0.1
1,2,3,6,7,8-hexachlorinated dibenzofuran........  0.1
1,2,3,7,8,9-hexachlorinated dibenzofuran........  0.1
2,3,4,6,7,8-hexachlorinated dibenzofuran........  0.1
1,2,3,4,6,7,8-heptachlorinated dibenzofuran.....  0.01
1,2,3,4,7,8,9-heptachlorinated dibenzofuran.....  0.01
octachlorinated dibenzofuran....................  0.0003
------------------------------------------------------------------------


  Table 6 to Subpart LLL of Part 62--Summary of Reporting Requirements for Existing Sewage Sludge Incineration
                                                    Units\1\
----------------------------------------------------------------------------------------------------------------
                Report                           Due date                     Contents               Reference
----------------------------------------------------------------------------------------------------------------
Final control plan and final            No later than 10 business  1. Final control plan                    Sec.
 compliance report.                      days after the             including air pollution         62.16030(a).
                                         compliance date.           control device descriptions,
                                                                    process changes, type of
                                                                    waste to be burned, and the
                                                                    maximum design sewage sludge
                                                                    burning capacity.
                                                                   2. Notification of any
                                                                    failure to submit the final   ..............
                                                                    control plan and achieve
                                                                    final compliance.
                                                                   3. Notification of any
                                                                    closure.

[[Page 610]]

 
Initial compliance report.............  No later than 60 days      1. Company name and address..            Sec.
                                         following the initial     2.Statement by a responsible     62.16030(b).
                                         performance test.          official, with that
                                                                    official's name, title, and
                                                                    signature, certifying the
                                                                    accuracy of the content of
                                                                    the report..
                                                                   3. Date of report............
                                                                   4. Complete test report for
                                                                    the initial performance
                                                                    test..
                                                                   5. Results of CMS\2\
                                                                    performance evaluation..
                                                                   6. The values for the site-
                                                                    specific operating limits
                                                                    and the calculations and
                                                                    methods used to establish
                                                                    each operating limit.
                                                                   7. Documentation of
                                                                    installation of bag leak
                                                                    detection system for fabric
                                                                    filter.
                                                                   8. Results of initial air
                                                                    pollution control device
                                                                    inspection, including a
                                                                    description of repairs.
                                                                   9. The site-specific
                                                                    monitoring plan required
                                                                    under Sec.   62.15995.
                                                                   10. The site-specific
                                                                    monitoring plan for your ash
                                                                    handling system required
                                                                    under Sec.   62.15995.
Annual compliance report..............  No later than 12 months    1. Company name and address..            Sec.
                                         following the submission  2. Statement and signature by    62.16030(c).
                                         of the initial             responsible official..
                                         compliance report;        3. Date and beginning and
                                         subsequent reports are     ending dates of report..
                                         to be submitted no more   4. If a performance test was
                                         than 12 months following   conducted during the
                                         the previous report.       reporting period, the
                                                                    results of the test,
                                                                    including any new operating
                                                                    limits and associated
                                                                    calculations and the type of
                                                                    activated carbon used, if
                                                                    applicable..
                                                                   5. For each pollutant and
                                                                    operating parameter recorded
                                                                    using a CMS, the highest
                                                                    recorded 3-hour average and
                                                                    the lowest recorded 3-hour
                                                                    average, as applicable.
                                                                   6. If no deviations from
                                                                    emission limits, emission
                                                                    standards, or operating
                                                                    limits occurred, a statement
                                                                    that no deviations occurred.
                                                                   7. If a fabric filter is
                                                                    used, the date, time, and
                                                                    duration of alarms.
                                                                   8. If a performance
                                                                    evaluation of a CMS was
                                                                    conducted, the results,
                                                                    including any new operating
                                                                    limits and their associated
                                                                    calculations.
                                                                   9. If you met the
                                                                    requirements of Sec.
                                                                    62.16000(a)(3) and did not
                                                                    conduct a performance test,
                                                                    include the dates of the
                                                                    last three performance
                                                                    tests, a comparison to the
                                                                    50 percent emission limit
                                                                    threshold of the emission
                                                                    level achieved in the last
                                                                    three performance tests, and
                                                                    a statement as to whether
                                                                    there have been any process
                                                                    changes.
                                                                   10. Documentation of periods
                                                                    when all qualified SSI unit
                                                                    operators were unavailable
                                                                    for more than 8 hours but
                                                                    less than 2 weeks.
                                                                   11. Results of annual
                                                                    pollutions control device
                                                                    inspections, including
                                                                    description of repairs.
                                                                   12. If there were no periods
                                                                    during which your CMSs had
                                                                    malfunctions, a statement
                                                                    that there were no periods
                                                                    during which your CMSs had
                                                                    malfunctions.
                                                                   13. If there were no periods
                                                                    during which your CMSs were
                                                                    out of control, a statement
                                                                    that there were no periods
                                                                    during which your CMSs were
                                                                    out of control.
                                                                   14. If there were no operator
                                                                    training deviations, a
                                                                    statement that there were no
                                                                    such deviations.
                                                                   15. Information on monitoring
                                                                    plan revisions, including a
                                                                    copy of any revised
                                                                    monitoring plan.

[[Page 611]]

 
Deviation report (deviations from       By August 1 of a calendar  If using a CMS:                          Sec.
 emission limits, emission standards,    year for data collected   1. Company name and address..    62.16030(d).
 or operating limits, as specified in    during the first half of  2. Statement by a responsible
 Sec.   62.16030(e)(1)).                 the calendar year; by      official..
                                         February 1 of a calendar  3. The calendar dates and
                                         year for data collected    times your unit deviated
                                         during the second half     from the emission limits or
                                         of the calendar year.      operating limits..
                                                                   4. The averaged and recorded
                                                                    data for those dates..
                                                                   5. Duration and cause of each
                                                                    deviation..
                                                                   6. Dates, times, and causes
                                                                    for monitor downtime
                                                                    incidents..
                                                                   7. A copy of the operating
                                                                    parameter monitoring data
                                                                    during each deviation and
                                                                    any test report that
                                                                    documents the emission
                                                                    levels..
                                                                   8. For periods of CMS
                                                                    malfunction or when a CMS
                                                                    was out of control, you must
                                                                    include the information
                                                                    specified in Sec.
                                                                    62.16030(d)(3)(viii).
                                                                   If not using a CMS:
                                                                   1. Company name and address..
                                                                   2. Statement by a responsible
                                                                    official.
                                                                   3. The total operating time
                                                                    of each affected SSI unit.
                                                                   4. The calendar dates and
                                                                    times your unit deviated
                                                                    from the emission limits,
                                                                    emission standard, or
                                                                    operating limits.
                                                                   5. The averaged and recorded
                                                                    data for those dates.
                                                                   6. Duration and cause of each
                                                                    deviation.
                                                                   7. A copy of any performance
                                                                    test report that showed a
                                                                    deviation from the emission
                                                                    limits or standards.
                                                                   8. A brief description of any
                                                                    malfunction, a description
                                                                    of actions taken during the
                                                                    malfunction to minimize
                                                                    emissions, and corrective
                                                                    action taken.
Notification of qualified operator      Within 10 days of          1. Statement of cause of                 Sec.
 deviation (if all qualified operators   deviation.                 deviation.                      62.16030(e).
 are not accessible for 2 weeks or                                 2. Description of actions
 more).                                                             taken to ensure that a
                                                                    qualified operator will be
                                                                    available.
                                                                   3. The date when a qualified
                                                                    operator will be accessible.
Notification of status of qualified     Every 4 weeks following    1. Description of actions                Sec.
 operator deviation.                     notification of            taken to ensure that a          62.16030(e).
                                         deviation.                 qualified operator is
                                                                    accessible.
                                                                   2. The date when you
                                                                    anticipate that a qualified
                                                                    operator will be accessible..
                                                                   3. Request for approval to
                                                                    continue operation..
Notification of resumed operation       Within five days of        1. Notification that you have            Sec.
 following shut down (due to qualified   obtaining a qualified      obtained a qualified            62.16030(e).
 operator deviation and as specified     operator and resuming      operator and are resuming
 in Sec.   62.15945(b)(2)(i).            operation.                 operation.
Notification of a force majeure.......  As soon as practicable     1. Description of the force              Sec.
                                         following the date you     majeure event.                  62.16030(f).
                                         first knew, or through    2. Rationale for attributing
                                         due diligence should       the delay in conducting the
                                         have known that the        performance test beyond the
                                         event may cause or         regulatory deadline to the
                                         caused a delay in          force majeure..
                                         conducting a performance  3. Description of the
                                         test beyond the            measures taken or to be
                                         regulatory deadline; the   taken to minimize the delay..
                                         notification must occur   4. Identification of the date
                                         before the performance     by which you propose to
                                         test deadline unless the   conduct the performance
                                         initial force majeure or   test..
                                         a subsequent force
                                         majeure event delays the
                                         notice, and in such
                                         cases, the notification
                                         must occur as soon as
                                         practicable.
Notification of intent to start or      1 month before starting    1. Intent to start or stop               Sec.
 stop use of a CMS.                      or stopping use of a CMS.  use of a CMS.                    62.16030(g)
Notification of intent to conduct a     At least 30 days prior to  1. Intent to conduct a
 performance test.                       the performance test.      performance test to comply
                                                                    with this subpart.

[[Page 612]]

 
Notification of intent to conduct a     At least 7 days prior to   1. Intent to conduct a
 rescheduled performance test.           the date of a              rescheduled performance test
                                         rescheduled performance    to comply with this subpart.
                                         test.
----------------------------------------------------------------------------------------------------------------
\1\ This table is only a summary, see the referenced sections of the rule for the complete requirements.
\2\ CMS means continuous monitoring system.



    Subpart OOO_Federal Plan Requirements for Municipal Solid Waste 
  Landfills That Commenced Construction On or Before July 17, 2014 and 
       Have Not Been Modified or Reconstructed Since July 17, 2014

    Source: 86 FR 27770, May 21, 2021, unless otherwise noted.



Sec.  62.16710  Scope and delegated authorities.

    This subpart establishes emission control requirements and 
compliance schedules for the control of designated pollutants from 
certain designated municipal solid waste (MSW) landfills in accordance 
with section 111(d) of the Clean Air Act and subpart B of 40 CFR part 
60.
    (a) If you own or operate a designated facility as described in 
Sec.  62.16711, then you must comply with this subpart.
    (b) The following authorities will not be delegated to state, local, 
or tribal agencies:
    (1) Approval of alternative methods to determine the site-specific 
nonmethane organic compounds (NMOC) concentration or a site-specific 
methane generation rate constant (k).
    (2) Alternative emission standards.
    (3) Major alternatives to test methods. Major alternatives to test 
methods or to monitoring are modifications made to a federally 
enforceable test method or to a Federal monitoring requirement. These 
changes may involve the use of unproven technology or modified 
procedures or an entirely new method.
    (4) Waivers of recordkeeping.



Sec.  62.16711  Designated facilities.

    (a) The designated facility to which this subpart applies is each 
municipal solid waste landfill in each state, protectorate, and portion 
of Indian country that meets the conditions of paragraphs (a)(1) and (2) 
of this section, except for landfills exempted by paragraphs (b) and (c) 
of this section.
    (1) The municipal solid waste landfill commenced construction, 
reconstruction, or modification on or before July 17, 2014.
    (2) The municipal solid waste landfill has accepted waste at any 
time since November 8, 1987, or the landfill has additional capacity for 
future waste deposition.
    (b) A municipal solid waste landfill regulated by an EPA-approved 
and currently effective state or tribal plan implementing 40 CFR 60, 
subpart Cf, is not subject to the requirements of this subpart.
    (c) A municipal solid waste landfill located in a state, locality, 
or portion of Indian country that submitted a negative declaration 
letter is not subject to the requirements of this subpart other than the 
requirements in the definition of design capacity in Sec.  62.16730 to 
recalculate the site-specific density annually and in Sec.  62.16724(b) 
to submit an amended design capacity report in the event that the 
recalculated design capacity is equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters. However, if the existing 
municipal solid waste landfill already has a design capacity equal to or 
greater than 2.5 million megagrams and 2.5 million cubic meters, then it 
is subject to the requirements of this Federal plan.
    (d) Physical or operational changes made to an existing MSW landfill 
solely to comply with an emission guideline implemented by a state or 
Federal plan are not considered a modification or reconstruction and 
would not subject an existing MSW landfill to the requirements of 40 CFR 
60, subpart XXX. Landfills that commence construction,

[[Page 613]]

modification, or reconstruction after July 17, 2014, are subject to 40 
CFR part 60, subpart XXX.
    (e) For purposes of obtaining an operating permit under title V of 
the Clean Air Act, the owner or operator of an MSW landfill subject to 
this subpart with a design capacity less than 2.5 million megagrams or 
2.5 million cubic meters is not subject to the requirement to obtain an 
operating permit for the landfill under 40 CFR part 70 or 71, unless the 
landfill is otherwise subject to either 40 CFR part 70 or 71. For 
purposes of submitting a timely application for an operating permit 
under 40 CFR part 70 or 71, the owner or operator of an MSW landfill 
subject to this subpart with a design capacity greater than or equal to 
2.5 million megagrams and 2.5 million cubic meters, and not otherwise 
subject to either 40 CFR part 70 or 71, becomes subject to the 
requirements of Sec.  70.5(a)(1)(i) or 71.5(a)(1)(i) of this chapter 90 
days after the effective date of such CAA section 111(d) program 
approval, even if the design capacity report is submitted earlier.
    (f) When an MSW landfill subject to this subpart is closed as 
defined in this subpart, the owner or operator is no longer subject to 
the requirement to maintain an operating permit under 40 CFR part 70 or 
71 for the landfill if the landfill is not otherwise subject to the 
requirements of either 40 CFR part 70 or 71 and if either of the 
following conditions are met:
    (1) The landfill was never subject to the requirement to install and 
operate a gas collection and control system under Sec.  62.16714; or
    (2) The landfill meets the conditions for control system removal 
specified in Sec.  62.16714(f).
    (g) When an MSW landfill subject to this subpart is in the closed 
landfill subcategory, the owner or operator is not subject to the 
following reports of this subpart, provided the owner or operator 
submitted these reports under the provisions of 40 CFR part 60, subpart 
WWW; subpart GGG of this part; or a state plan implementing 40 CFR part 
60, subpart Cc, on or before July 17, 2014:
    (1) Initial design capacity report specified in Sec.  62.16724(a).
    (2) Initial or subsequent NMOC emission rate report specified in 
Sec.  62.16724(c), provided that the most recent NMOC emission rate 
report indicated the NMOC emissions were below 50 megagrams per year.
    (3) Collection and control system design plan specified in Sec.  
62.16724(d).
    (4) Closure report specified in Sec.  62.16724(f).
    (5) Equipment removal report specified in Sec.  62.16724(g).
    (6) Initial annual report specified in Sec.  62.16724(h).
    (7) Initial performance test report in Sec.  62.16724(i).
    (h) When an MSW landfill subject to this subpart is a legacy 
controlled landfill, as defined in Sec.  62.16730, the owner or operator 
is not subject to the following reports of this subpart, provided the 
owner or operator submitted these reports under 40 CFR part 60, subpart 
WWW; subpart GGG of this part; or a state plan implementing 40 CFR part 
60, subpart Cc on or before June 21, 2021.
    (1) Initial design capacity report specified in Sec.  62.16724(a).
    (2) Initial or subsequent NMOC emission rate report specified in 
Sec.  62.16724(c).
    (3) Collection and control system design plan specified in Sec.  
62.16724(d).
    (5) Initial annual report specified in Sec.  62.16724(h).
    (4) Initial performance test report in Sec.  62.16724(i).



Sec.  62.16712  Compliance schedule and increments of progress.

    Planning, awarding of contracts, installing, and starting up MSW 
landfill air emission collection and control equipment that is capable 
of meeting the emission standards of Sec.  62.16714 must be completed 
within 30 months after the date an NMOC emission rate report shows NMOC 
emissions equal or exceed 34 megagrams per year; or within 30 months 
after the date of the most recent NMOC emission rate report that shows 
NMOC emissions equal or exceed 34 megagrams per year, if Tier 4 surface 
emissions monitoring (SEM) shows a surface emission concentration of 500 
parts per million methane or greater. Legacy controlled landfills who 
have not yet reached increment 5

[[Page 614]]

(full compliance) must demonstrate compliance with any remaining 
increments of progress on this schedule. However, they must use the date 
of their first report submitted under 40 CFR part 60, subpart WWW, 40 
CFR part 62, subpart GGG or a state plan implementing 40 CFR part 60, 
subpart Cc showing NMOC emissions at or above 50 megagrams. The owner or 
operator must follow the requirements in paragraphs (a) through (d) of 
this section.
    (a) Increments of progress. The owner or operator of a designated 
facility that has a design capacity equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters and a NMOC emission rate greater 
than or equal to 34 megagrams per year must achieve the increments of 
progress specified in paragraphs (a)(1) through (5) of this section to 
install air pollution control devices to meet the emission standards 
specified in Sec.  62.16714(b) and (c) of this subpart. Refer to Sec.  
62.16730 for a definition of each increment of progress.
    (1) Submit control plan. Submit a final control plan (collection and 
control system design plan) according to the requirements of Sec.  
62.16724(d).
    (2) Award contract(s). Award contract(s) to initiate on-site 
construction or initiate on-site installation of emission collection 
and/or control equipment.
    (3) Initiate on-site construction. Initiate on-site construction or 
initiate on-site installation of emission collection and/or control 
equipment as described in the EPA-approved final control plan.
    (4) Complete on-site construction. Complete on-site construction and 
installation of emission collection and/or control equipment.
    (5) Achieve final compliance. Complete construction in accordance 
with the design specified in the EPA-approved final control plan and 
connect the landfill gas collection system and air pollution control 
equipment such that they are fully operating. The initial performance 
test must be conducted within 180 days after the date the facility is 
required to achieve final compliance. For a legacy controlled landfill, 
the initial or most recent performance test conducted to comply with 40 
CFR part 60, subpart WWW, subpart GGG of this part, or a state plan 
implementing 40 CFR part 60, subpart Cc is sufficient for compliance 
with this part. The test report does not have to be resubmitted.
    (b) Compliance date. For each designated facility that has a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters and a NMOC emission rate greater than or equal to 34 
megagrams per year (50 megagrams per year for closed landfill 
subcategory), planning, awarding of contracts, and installation of 
municipal solid waste landfill air emission collection and control 
equipment capable of meeting the standards in Sec.  62.16714(b) and (c) 
must be accomplished within 30 months after the date the initial 
emission rate report (or the annual emission rate report) first shows 
that the NMOC emission rate equals or exceeds 34 megagrams per year (50 
megagrams per year for closed landfill subcategory), except as provided 
in Sec.  62.16712(d).
    (c) Compliance schedules. The owner or operator of a designated 
facility that has a design capacity equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters and a NMOC emission rate greater 
than or equal to 34 megagrams per year (50 megagrams per year for closed 
landfill subcategory) must achieve the increments of progress specified 
in paragraphs (a)(1) through (5) of this section according to the 
schedule specified in paragraph (c)(1), (2), or (d) of this section.
    (1) Achieving Increments of Progress. The owner or operator of a 
designated facility must achieve the increments of progress according to 
the schedule in table 1 of this subpart. Once this subpart becomes 
effective, any designated facility to which this subpart applies will 
remain subject to the schedule in table 1 if a subsequently approved 
state or tribal plan contains a less stringent schedule, (i.e., a 
schedule that provides more time to comply with increments 1, 4 and/or 5 
than does this Federal plan).
    (2) Tier 4. The owner or operator of a designated facility that is 
using the Tier 4 procedures specified in

[[Page 615]]

Sec.  62.16718(a)(6) must achieve the increments of progress according 
to the schedule in table 1 of this subpart.
    (d) Alternative dates. For designated facilities that are subject to 
the schedule requirements of paragraph (c)(1) of this section, the owner 
or operator (or the state or tribal air pollution control authority) may 
submit to the appropriate EPA Regional Office for approval alternative 
dates for achieving increments 2 and 3.

[86 FR 27770, May 21, 2021, as amended at 87 FR 8203, Feb. 14, 2022]



Sec.  62.16714  Standards for municipal solid waste landfill emissions.

    (a) Landfills. Each owner or operator of an MSW landfill having a 
design capacity greater than or equal to 2.5 million megagrams by mass 
and 2.5 million cubic meters by volume must collect and control MSW 
landfill emissions at each MSW landfill that meets the following 
conditions:
    (1) Waste acceptance date. The landfill has accepted waste at any 
time since November 8, 1987, or has additional design capacity available 
for future waste deposition.
    (2) Construction commencement date. The landfill commenced 
construction, reconstruction, or modification on or before July 17, 
2014.
    (3) NMOC emission rate. The landfill has an NMOC emission rate 
greater than or equal to 34 megagrams per year or Tier 4 SEM shows a 
surface emission concentration of 500 parts per million methane or 
greater.
    (4) Closed subcategory. The landfill is in the closed landfill 
subcategory and has an NMOC emission rate greater than or equal to 50 
megagrams per year.
    (b) Collection system. Install a gas collection and control system 
meeting the requirements in paragraphs (b)(1) through (3) and (c) of 
this section at each MSW landfill meeting the conditions in paragraph 
(a) of this section.
    (1) Collection system. Install and start up a collection and control 
system that captures the gas generated within the landfill within 30 
months after:
    (i) The first annual report in which the NMOC emission rate equals 
or exceeds 34 megagrams per year, unless Tier 2 or Tier 3 sampling 
demonstrates that the NMOC emission rate is less than 34 megagrams per 
year, as specified in Sec.  62.16724(d)(4), or
    (ii) The first annual report in which the NMOC emission rate equals 
or exceeds 50 megagrams per year submitted under previously applicable 
regulations 40 CFR part 60, subpart WWW, 40 CFR part 62, subpart GGG, or 
a state plan implementing 40 CFR part 60, subpart Cc for a legacy 
controlled landfill or landfill in the closed landfill subcategory, or
    (iii) The most recent NMOC emission rate report in which the NMOC 
emission rate equals or exceeds 34 megagrams per year based on Tier 2, 
if the Tier 4 SEM shows a surface methane emission concentration of 500 
parts per million methane or greater as specified in Sec.  62.16724 
(d)(4)(iii).
    (2) Active. An active collection system must:
    (i) Be designed to handle the maximum expected gas flow rate from 
the entire area of the landfill that warrants control over the intended 
use period of the gas control system equipment.
    (ii) Collect gas from each area, cell, or group of cells in the 
landfill in which the initial solid waste has been placed for a period 
of 5 years or more if active; or 2 years or more if closed or at final 
grade.
    (iii) Collect gas at a sufficient extraction rate.
    (iv) Be designed to minimize off-site migration of subsurface gas.
    (3) Passive. A passive collection system must:
    (i) Comply with the provisions specified in paragraphs (b)(2)(i), 
(ii), and (iv) of this section.
    (ii) Be installed with liners on the bottom and all sides in all 
areas in which gas is to be collected. The liners must be installed as 
required under 40 CFR 258.40.
    (c) Control system. Control the gas collected from within the 
landfill through the use of control devices meeting the following 
requirements, except as provided in 40 CFR 60.24.
    (1) A non-enclosed flare designed and operated in accordance with 
the parameters established in 40 CFR 60.18 except as noted in Sec.  
62.16722(d); or

[[Page 616]]

    (2) A control system designed and operated to reduce NMOC by 98 
weight percent; or when an enclosed combustion device is used for 
control, to either reduce NMOC by 98 weight percent or reduce the outlet 
NMOC concentration to less than 20 parts-per-million by volume, dry 
basis as hexane at 3-percent oxygen or less. The reduction efficiency or 
concentration in parts-per-million by volume must be established by an 
initial performance test to be completed no later than 180 days after 
the initial startup of the approved control system using the test 
methods specified in Sec.  62.16718(d). The performance test is not 
required for boilers and process heaters with design heat input 
capacities equal to or greater than 44 megawatts that burn landfill gas 
for compliance with this subpart.
    (i) If a boiler or process heater is used as the control device, the 
landfill gas stream must be introduced into the flame zone.
    (ii) The control device must be operated within the parameter ranges 
established during the initial or most recent performance test. The 
operating parameters to be monitored are specified in Sec.  62.16722.
    (iii) Legacy controlled landfills or landfills in the closed 
landfill subcategory that have already installed control systems and 
completed initial or subsequent performance tests may comply with this 
subpart using the initial or most recent performance test conducted to 
comply with 40 CFR part 60, subpart WWW; subpart GGG of this part; or a 
state plan implementing subpart Cc of part 60, is sufficient for 
compliance with this subpart.
    (3) Route the collected gas to a treatment system that processes the 
collected gas for subsequent sale or beneficial use such as fuel for 
combustion, production of vehicle fuel, production of high-Btu gas for 
pipeline injection, or use as a raw material in a chemical manufacturing 
process. Venting of treated landfill gas to the ambient air is not 
allowed. If the treated landfill gas cannot be routed for subsequent 
sale or beneficial use, then the treated landfill gas must be controlled 
according to either paragraph (c)(1) or (2) of this section.
    (4) All emissions from any atmospheric vent from the gas treatment 
system are subject to the requirements of paragraph (b) or (c) of this 
section. For purposes of this subpart, atmospheric vents located on the 
condensate storage tank are not part of the treatment system and are 
exempt from the requirements of paragraph (b) or (c) of this section.
    (d) Design capacity. Each owner or operator of an MSW landfill 
having a design capacity less than 2.5 million megagrams by mass or 2.5 
million cubic meters by volume must submit an initial design capacity 
report to the Administrator as provided in Sec.  62.16724(a). The 
landfill may calculate design capacity in either megagrams or cubic 
meters for comparison with the exemption values. Any density conversions 
must be documented and submitted with the report. Submittal of the 
initial design capacity report fulfills the requirements of this subpart 
except as provided in paragraphs (d)(1) and (2) of this section.
    (1) The owner or operator must submit an amended design capacity 
report as provided in Sec.  62.16724(b).
    (2) When an increase in the maximum design capacity of a landfill 
with an initial design capacity less than 2.5 million megagrams or 2.5 
million cubic meters results in a revised maximum design capacity equal 
to or greater than 2.5 million megagrams and 2.5 million cubic meters, 
the owner or operator must comply with paragraph (e) of this section.
    (e) Emissions. The owner or operator of an MSW landfill having a 
design capacity equal to or greater than 2.5 million megagrams and 2.5 
million cubic meters must either install a collection and control system 
as provided in paragraphs (b) and (c) of this section or calculate an 
initial NMOC emission rate for the landfill using the procedures 
specified in Sec.  62.16718(a). The NMOC emission rate must be 
recalculated annually, except as provided in Sec.  62.16724(c)(3).
    (1) If the calculated NMOC emission rate is less than 34 megagrams 
per year, the owner or operator must:
    (i) Submit an annual NMOC emission rate report according to Sec.  
62.16724(c),

[[Page 617]]

except as provided in Sec.  62.16724(c)(3); and
    (ii) Recalculate the NMOC emission rate annually using the 
procedures specified in Sec.  62.16724(a) until such time as the 
calculated NMOC emission rate is equal to or greater than 34 megagrams 
per year, or the landfill is closed.
    (A) If the calculated NMOC emission rate, upon initial calculation 
or annual recalculation required in paragraph (e)(1)(ii) of this 
section, is equal to or greater than 34 megagrams per year, the owner or 
operator must either: Comply with paragraphs (b) and (c) of this 
section; calculate NMOC emissions using the next higher tier in Sec.  
62.16718; or conduct a surface emission monitoring demonstration using 
the procedures specified in Sec.  62.16718(a)(6).
    (B) If the landfill is permanently closed, a closure report must be 
submitted to the Administrator as provided in Sec.  62.16724(f), except 
for exemption allowed under Sec.  62.16711(g)(4).
    (2) If the calculated NMOC emission rate is equal to or greater than 
34 megagrams per year using Tier 1, 2, or 3 procedures, the owner or 
operator must either: Submit a collection and control system design plan 
prepared by a professional engineer to the Administrator within 1 year 
as specified in Sec.  62.16724(d), except for exemptions allowed under 
Sec.  62.16711(g)(3); calculate NMOC emissions using a higher tier in 
Sec.  62.16718; or conduct a surface emission monitoring demonstration 
using the procedures specified in Sec.  62.16718(a)(6).
    (3) For the closed landfill subcategory, if the calculated NMOC 
emission rate submitted under previously applicable regulations 40 CFR 
part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan 
implementing 40 CFR part 60, subpart Cc is equal to or greater than 50 
megagrams per year using Tier 1, 2, or 3 procedures, the owner or 
operator must either: submit a collection and control system design plan 
as specified in Sec.  62.16724(d), except for exemptions allowed under 
Sec.  62.16711(g)(3); or calculate NMOC emissions using a higher tier in 
Sec.  62.16718.
    (f) Removal criteria. The collection and control system may be 
capped, removed, or decommissioned if the following criteria are met:
    (1) The landfill is a closed landfill (as defined in Sec.  
62.16730). A closure report must be submitted to the Administrator as 
provided in Sec.  62.16724(f).
    (2) The collection and control system has been in operation a 
minimum of 15 years or the landfill owner or operator demonstrates that 
the gas collection and control system will be unable to operate for 15 
years due to declining gas flow.
    (3) Following the procedures specified in Sec.  62.16718(b), the 
calculated NMOC emission rate at the landfill is less than 34 megagrams 
per year on three successive test dates. The test dates must be no less 
than 90 days apart, and no more than 180 days apart.
    (4) For the closed landfill subcategory (as defined in Sec.  
62.16730), following the procedures specified in Sec.  62.16718(b), the 
calculated NMOC emission rate at the landfill is less than 50 megagrams 
per year on three successive test dates. The test dates must be no less 
than 90 days apart, and no more than 180 days apart.

[86 FR 27770, May 21, 2021, as amended at 87 FR 8203, Feb. 14, 2022]



Sec.  62.16716  Operational standards for collection and control systems.

    Each owner or operator must comply with the provisions for the 
operational standards in this section (as well as the provisions in 
Sec. Sec.  62.16720 and 62.16722), or the operational standards in Sec.  
63.1958 of this chapter (as well as the provisions in Sec. Sec.  63.1960 
and 63.1961 of this chapter), or both as alternative means of 
compliance, for an MSW landfill with a gas collection and control system 
used to comply with the provisions of Sec.  62.16714(b) and (c). Once 
the owner or operator begins to comply with the provisions of Sec.  
63.1958 of this chapter, the owner or operator must continue to operate 
the collection and control device according to those provisions and 
cannot return to the provisions of this section. Each owner or operator 
of an MSW landfill with a gas collection and control system used to 
comply with the provisions of Sec.  62.16714(b) and (c) must:
    (a) Operate the collection system such that gas is collected from 
each

[[Page 618]]

area, cell, or group of cells in the MSW landfill in which solid waste 
has been in place for:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade;
    (b) Operate the collection system with negative pressure at each 
wellhead except under the following conditions:
    (1) A fire or increased well temperature. The owner or operator must 
record instances when positive pressure occurs in efforts to avoid a 
fire. These records must be submitted with the annual reports as 
provided in Sec.  62.16724(h)(1);
    (2) Use of a geomembrane or synthetic cover. The owner or operator 
must develop acceptable pressure limits in the design plan;
    (3) A decommissioned well. A well may experience a static positive 
pressure after shut down to accommodate for declining flows. All design 
changes must be approved by the Administrator as specified in Sec.  
62.16724(d);
    (c) Operate each interior wellhead in the collection system with a 
landfill gas temperature less than 55 degrees Celsius (131 degrees 
Fahrenheit). The owner or operator may establish a higher operating 
temperature value at a particular well. A higher operating value 
demonstration must be submitted to the Administrator for approval and 
must include supporting data demonstrating that the elevated parameter 
neither causes fires nor significantly inhibits anaerobic decomposition 
by killing methanogens. The demonstration must satisfy both criteria in 
order to be approved (i.e., neither causing fires nor killing 
methanogens is acceptable).
    (d) Operate the collection system so that the methane concentration 
is less than 500 parts per million above background at the surface of 
the landfill. To determine if this level is exceeded, the owner or 
operator must conduct surface testing using an organic vapor analyzer, 
flame ionization detector, or other portable monitor meeting the 
specifications provided in Sec.  62.16720(d). The owner or operator must 
conduct surface testing around the perimeter of the collection area and 
along a pattern that traverses the landfill at no more than 30-meter 
intervals and where visual observations indicate elevated concentrations 
of landfill gas, such as distressed vegetation and cracks or seeps in 
the cover and all cover penetrations. Thus, the owner or operator must 
monitor any openings that are within an area of the landfill where waste 
has been placed and a gas collection system is required. The owner or 
operator may establish an alternative traversing pattern that ensures 
equivalent coverage. A surface monitoring design plan must be developed 
that includes a topographical map with the monitoring route and the 
rationale for any site-specific deviations from the 30-meter intervals. 
Areas with steep slopes or other dangerous areas may be excluded from 
the surface testing.
    (e) Operate the system such that all collected gases are vented to a 
control system designed and operated in compliance with Sec.  
62.16714(c). In the event the collection or control system is not 
operating, the gas mover system must be shut down and all valves in the 
collection and control system contributing to venting of the gas to the 
atmosphere must be closed within 1 hour of the collection or control 
system not operating.
    (f) Operate the control system at all times when the collected gas 
is routed to the system.
    (g) If monitoring demonstrates that the operational requirements in 
paragraphs (b), (c), or (d) of this section are not met, corrective 
action must be taken as specified in Sec.  62.16720(a)(3) and (5) or 
Sec.  62.16720(c). If corrective actions are taken as specified in Sec.  
62.16720, the monitored exceedance is not a violation of the operational 
requirements in this section.



Sec.  62.16718  Test methods and procedures.

    Calculate the landfill NMOC emission rate and conduct a surface 
emission monitoring demonstration according to the provisions in this 
section.
    (a)(1) NMOC Emission rate. The landfill owner or operator must 
calculate the NMOC emission rate using either Equation 1 provided in 
paragraph (a)(1)(i) of this section or Equation 2 provided in paragraph 
(a)(1)(ii) of this section. Both Equation 1 and Equation

[[Page 619]]

2 may be used if the actual year-to-year solid waste acceptance rate is 
known, as specified in paragraph (a)(1)(i) of this section, for part of 
the life of the landfill and the actual year-to-year solid waste 
acceptance rate is unknown, as specified in paragraph (a)(1)(ii) of this 
section, for part of the life of the landfill. The values to be used in 
both Equation 1 and Equation 2 are 0.05 per year for k, 170 cubic meters 
per megagram for Lo, and 4,000 parts per million by volume as hexane for 
the CNMOC. For landfills located in geographical areas with a 
30-year annual average precipitation of less than 25 inches, as measured 
at the nearest representative official meteorological site, the k value 
to be used is 0.02 per year.
    (i)(A) Equation 1 must be used if the actual year-to-year solid 
waste acceptance rate is known.
[GRAPHIC] [TIFF OMITTED] TR21MY21.004

Where:

MNMOC = Total NMOC emission rate from the landfill, megagrams 
          per year.
k = Methane generation rate constant, year-\1\.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
Mi = Mass of solid waste in the ith section, 
          megagrams.
ti = Age of the ith section, years.
CNMOC = Concentration of NMOC, parts per million by volume as 
          hexane.
3.6 x 10-\9\ = Conversion factor.

    (B) The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill when 
calculating the value for Mi if documentation of the nature 
and amount of such wastes is maintained.
    (ii)(A) Equation 2 must be used if the actual year-to-year solid 
waste acceptance rate is unknown.
[GRAPHIC] [TIFF OMITTED] TR21MY21.005

Where:

MNMOC = Mass emission rate of NMOC, megagrams per year.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
R = Average annual acceptance rate, megagrams per year.
k = Methane generation rate constant, year -\1\.
t = Age of landfill, years.
CNMOC = Concentration of NMOC, parts per million by volume as 
          hexane.
c = Time since closure, years; for an active landfill c = 0 and 
          e-\kc\ = 1.
3.6 x 10-\9\ = Conversion factor.

    (B) The mass of nondegradable solid waste may be subtracted from the 
total mass of solid waste in a particular section of the landfill when 
calculating the value of R, if documentation of the nature and amount of 
such wastes is maintained.
    (2) Tier 1. The owner or operator must compare the calculated NMOC 
mass emission rate to the standard of 34 megagrams per year.
    (i) If the NMOC emission rate calculated in paragraph (a)(1) of this 
section is less than 34 megagrams per year, then the owner or operator 
must submit an NMOC emission rate report according to Sec.  62.16724(c) 
and must recalculate the NMOC mass emission rate annually as required 
under Sec.  62.16714(e).
    (ii) If the NMOC emission rate calculated in paragraph (a)(1) of 
this section is equal to or greater than 34 megagrams per year, then the 
landfill owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  62.16724(d) and install

[[Page 620]]

and operate a gas collection and control system within 30 months 
according to Sec.  62.16714(b) and (c);
    (B) Determine a site-specific NMOC concentration and recalculate the 
NMOC emission rate using the Tier 2 procedures provided in paragraph 
(a)(3) of this section; or
    (C) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the Tier 3 procedures provided 
in paragraph (a)(4) of this section.
    (3) Tier 2. The landfill owner or operator must determine the site-
specific NMOC concentration using the following sampling procedure. The 
landfill owner or operator must install at least two sample probes per 
hectare, evenly distributed over the landfill surface that has retained 
waste for at least 2 years. If the landfill is larger than 25 hectares 
in area, only 50 samples are required. The probes should be evenly 
distributed across the sample area. The sample probes should be located 
to avoid known areas of nondegradable solid waste. The owner or operator 
must collect and analyze one sample of landfill gas from each probe to 
determine the NMOC concentration using EPA Method 25 or 25C of appendix 
A-7 of 40 CFR part 60. Taking composite samples from different probes 
into a single cylinder is allowed; however, equal sample volumes must be 
taken from each probe. For each composite, the sampling rate, collection 
times, beginning and ending cylinder vacuums, or alternative volume 
measurements must be recorded to verify that composite volumes are 
equal. Composite sample volumes should not be less than one liter unless 
evidence can be provided to substantiate the accuracy of smaller 
volumes. Terminate compositing before the cylinder approaches ambient 
pressure where measurement accuracy diminishes. If more than the 
required number of samples is taken, all samples must be used in the 
analysis. The landfill owner or operator must divide the NMOC 
concentration from EPA Method 25 or 25C of appendix A-7 of 40 CFR part 
60 by 6 to convert from CNMOC as carbon to CNMOC 
as hexane. If the landfill has an active or passive gas removal system 
in place, EPA Method 25 or 25C samples may be collected from these 
systems instead of surface probes provided the removal system can be 
shown to provide sampling as representative as the two sampling probes 
per hectare requirement. For active collection systems, samples may be 
collected from the common header pipe. The sample location on the common 
header pipe must be before any gas moving, condensate removal, or 
treatment system equipment. For active collection systems, a minimum of 
three samples must be collected from the header pipe.
    (i) Within 60 days after the date of determining the NMOC 
concentration and corresponding NMOC emission rate, the owner or 
operator must submit the results according to Sec.  62.16724(j)(2).
    (ii) The landfill owner or operator must recalculate the NMOC mass 
emission rate using Equation 1 or Equation 2 provided in paragraph 
(a)(1)(i) or (ii) of this section using the average site-specific NMOC 
concentration from the collected samples instead of the default value 
provided in paragraph (a)(1) of this section.
    (iii) If the resulting NMOC mass emission rate is less than 34 
megagrams per year, then the owner or operator must submit a periodic 
estimate of NMOC emissions in an NMOC emission rate report according to 
Sec.  62.16724(c) and must recalculate the NMOC mass emission rate 
annually as required under Sec.  62.16714(e). The site-specific NMOC 
concentration must be retested every 5 years using the methods specified 
in this section.
    (iv) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration is equal to or greater than 34 
megagrams per year, the owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  62.16724(d) and install and operate a gas 
collection and control system within 30 months according to Sec.  
62.16714(b) and (c);
    (B) Determine a site-specific methane generation rate constant and 
recalculate the NMOC emission rate using the site-specific methane 
generation rate using the Tier 3 procedures specified in paragraph 
(a)(4) of this section; or

[[Page 621]]

    (C) Conduct a surface emission monitoring demonstration using the 
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (4) Tier 3. The site-specific methane generation rate constant must 
be determined using the procedures provided in EPA Method 2E of appendix 
A-1 of 40 CFR part 60. The landfill owner or operator must estimate the 
NMOC mass emission rate using Equation 1 or Equation 2 in paragraph 
(a)(1)(i) or (ii) of this section and using a site-specific methane 
generation rate constant, and the site-specific NMOC concentration as 
determined in paragraph (a)(3) of this section instead of the default 
values provided in paragraph (a)(1) of this section. The landfill owner 
or operator must compare the resulting NMOC mass emission rate to the 
standard of 34 megagrams per year.
    (i) If the NMOC mass emission rate as calculated using the Tier 2 
site-specific NMOC concentration and Tier 3 site-specific methane 
generation rate is equal to or greater than 34 megagrams per year, the 
owner or operator must either:
    (A) Submit a gas collection and control system design plan within 1 
year as specified in Sec.  62.16724(d) and install and operate a gas 
collection and control system within 30 months according to Sec.  
62.16714(b) and (c); or
    (B) Conduct a surface emission monitoring demonstration using the 
Tier 4 procedures specified in paragraph (a)(6) of this section.
    (ii) If the NMOC mass emission rate is less than 34 megagrams per 
year, then the owner or operator must recalculate the NMOC mass emission 
rate annually using Equation 1 or Equation 2 in paragraph (a)(1) of this 
section and using the site-specific Tier 2 NMOC concentration and Tier 3 
methane generation rate constant and submit a periodic NMOC emission 
rate report as provided in Sec.  62.16724(c). The calculation of the 
methane generation rate constant is performed only once, and the value 
obtained from this test must be used in all subsequent annual NMOC 
emission rate calculations.
    (5) Alternative methods. The owner or operator may use other methods 
to determine the NMOC concentration or a site-specific methane 
generation rate constant as an alternative to the methods required in 
paragraphs (a)(3) and (4) of this section if the method has been 
approved by the Administrator.
    (6) Tier 4. Demonstrate that surface methane emissions are below 500 
parts per million. Surface emission monitoring must be conducted on a 
quarterly basis using the following procedures. Tier 4 is allowed only 
if the landfill owner or operator can demonstrate that NMOC emissions 
are greater than or equal to 34 megagrams per year but less than 50 
megagrams per year using Tier 1 or Tier 2. If both Tier 1 and Tier 2 
indicate NMOC emissions are megagrams per year or greater, then Tier 4 
cannot be used. In addition, the landfill must meet the criteria in 
paragraph (a)(6)(viii) of this section.
    (i) Measure surface concentrations of methane along the entire 
perimeter of the landfill and along a pattern that traverses the 
landfill at no more than 30-meter intervals using an organic vapor 
analyzer, flame ionization detector, or other portable monitor meeting 
the specifications provided in Sec.  62.16720(d).
    (ii) The background concentration must be determined by moving the 
probe inlet upwind and downwind at least 30 meters from the waste mass 
boundary of the landfill.
    (iii) Surface emission monitoring must be performed in accordance 
with section 8.3.1 of EPA Method 21 of appendix A-7 of 40 CFR part 60, 
except that the probe inlet must be placed no more than 5 centimeters 
above the landfill surface; the constant measurement of distance above 
the surface should be based on a mechanical device such as with a wheel 
on a pole.
    (A) The owner or operator must use a wind barrier, similar to a 
funnel, when onsite average wind speed exceeds 4 miles per hour or 2 
meters per second or gust exceeding 10 miles per hour. Average on-site 
wind speed must also be determined in an open area at 5-minute intervals 
using an on-site anemometer with a continuous recorder and data logger 
for the entire duration of the monitoring event. The wind barrier must 
surround the SEM monitor, and must be placed on the ground, to ensure 
wind turbulence is blocked. The

[[Page 622]]

SEM cannot be conducted if average wind speed exceeds 25 miles per hour.
    (B) Landfill surface areas where visual observations indicate 
elevated concentrations of landfill gas, such as distressed vegetation 
and cracks or seeps in the cover, and all cover penetrations must also 
be monitored using a device meeting the specifications provided in Sec.  
62.16720(d).
    (iv) Each owner or operator seeking to comply with the Tier 4 
provisions in paragraph (a)(6) of this section must maintain records of 
surface emission monitoring as provided in Sec.  62.16726(g) and submit 
a Tier 4 surface emissions report as provided in Sec.  
62.16724(d)(4)(iii).
    (v) If there is any measured concentration of methane of 500 parts 
per million or greater from the surface of the landfill, the owner or 
operator must submit a gas collection and control system design plan 
within 1 year of the first measured concentration of methane of 500 
parts per million or greater from the surface of the landfill according 
to Sec.  62.16724(d) and install and operate a gas collection and 
control system according to Sec.  62.16714(b) and (c) within 30 months 
of the most recent NMOC emission rate report in which the NMOC emission 
rate equals or exceeds 34 megagrams per year based on Tier 2.
    (vi) If after four consecutive quarterly monitoring periods at a 
landfill, other than a closed landfill, there is no measured 
concentration of methane of 500 parts per million or greater from the 
surface of the landfill, the owner or operator must continue quarterly 
surface emission monitoring using the methods specified in this section.
    (vii) If after four consecutive quarterly monitoring periods at a 
closed landfill there is no measured concentration of methane of 500 
parts per million or greater from the surface of the landfill, the owner 
or operator must conduct annual surface emission monitoring using the 
methods specified in this section.
    (viii) If a landfill has installed and operates a collection and 
control system that is not required by this subpart, then the collection 
and control system must meet the following criteria:
    (A) The gas collection and control system must have operated for at 
least 6,570 out of 8,760 hours preceding the Tier 4 SEM demonstration.
    (B) During the Tier 4 SEM demonstration, the gas collection and 
control system must operate as it normally would to collect and control 
as much landfill gas as possible.
    (b) After the installation and startup of a collection and control 
system in compliance with this subpart, the owner or operator must 
calculate the NMOC emission rate for purposes of determining when the 
system can be capped, removed, or decommissioned as provided in Sec.  
62.16714(f), using Equation 3:
[GRAPHIC] [TIFF OMITTED] TR21MY21.006

Where:

MNMOC = Mass emission rate of NMOC, megagrams per year.
QLFG = Flow rate of landfill gas, cubic meters per minute.
CNMOC = NMOC concentration, parts per million by volume as 
          hexane.

    (1) Flow rate. The flow rate of landfill gas, QLFG, must 
be determined by measuring the total landfill gas flow rate at the 
common header pipe that leads to the control system using a gas flow 
measuring device calibrated according to the provisions of section 10 of 
EPA Method 2E of appendix A-1 of 40 CFR part 60.
    (2) NMOC concentration. The average NMOC concentration, 
CNMOC, must be determined by collecting and analyzing 
landfill gas sampled from the common header pipe before the gas moving 
or condensate removal equipment using the procedures in EPA Method 25 or 
EPA Method 25C of appendix A-7 of 40 CFR part 60. The sample location on 
the common header pipe must be before any condensate removal or other 
gas refining units. The landfill owner

[[Page 623]]

or operator must divide the NMOC concentration from EPA Method 25 or EPA 
Method 25C of appendix A-7 of 40 CFR part 60 by six to convert from 
CNMOC as carbon to CNMOC as hexane.
    (3) Gas flow rate method. The owner or operator may use another 
method to determine landfill gas flow rate and NMOC concentration if the 
method has been approved by the Administrator.
    (i) Within 60 days after the date of calculating the NMOC emission 
rate for purposes of determining when the system can be capped or 
removed, the owner or operator must submit the results according to 
Sec.  62.16724(j)(2).
    (ii) [Reserved]
    (c) When calculating emissions for Prevention of Significant 
Deterioration purposes, the owner or operator of each MSW landfill 
subject to the provisions of this subpart must estimate the NMOC 
emission rate for comparison to the Prevention of Significant 
Deterioration major source and significance levels in Sec. Sec.  51.166 
or 52.21 of this chapter using Compilation of Air Pollutant Emission 
Factors, Volume I: Stationary Point and Area Sources (AP-42) or other 
approved measurement procedures.
    (d) For the performance test required in Sec.  62.16714(c)(1), the 
net heating value of the combusted landfill gas as determined in 40 CFR 
60.18(f)(3) of this chapter is calculated from the concentration of 
methane in the landfill gas as measured by EPA Method 3C. A minimum of 
three 30-minute EPA Method 3C samples are determined. The measurement of 
other organic components, hydrogen, and carbon monoxide is not 
applicable. EPA Method 3C may be used to determine the landfill gas 
molecular weight for calculating the flare gas exit velocity under 40 
CFR 60.18(f)(4) of this chapter.
    (1) Performance test results. Within 60 days after the date of 
completing each performance test (as defined in Sec.  60.8 of this 
chapter), the owner or operator must submit the results of the 
performance tests required by paragraph (b) or (d) of this section, 
including any associated fuel analyses, according to Sec.  
62.16724(j)(1).
    (2) [Reserved]
    (e) For the performance test required in Sec.  62.16714(c)(2), EPA 
Method 25 or 25C (EPA Method 25C may be used at the inlet only) of 
appendix A-7 of 40 CFR part 60 must be used to determine compliance with 
the 98 weight-percent efficiency or the 20 parts-per-million by volume 
outlet NMOC concentration level, unless another method to demonstrate 
compliance has been approved by the Administrator as provided by Sec.  
62.16724(d)(2). EPA Method 3, 3A, or 3C of appendix A-2 of 40 CFR part 
60 must be used to determine oxygen for correcting the NMOC 
concentration as hexane to 3 percent. In cases where the outlet 
concentration is less than 50 parts-per-million NMOC as carbon (8 parts-
per-million NMOC as hexane), EPA Method 25A should be used in place of 
EPA Method 25. EPA Method 18 of appendix A-6 of 40 CFR part 60 may be 
used in conjunction with EPA Method 25A on a limited basis (compound 
specific, e.g., methane) or EPA Method 3C may be used to determine 
methane. The methane as carbon should be subtracted from the EPA Method 
25A total hydrocarbon value as carbon to give NMOC concentration as 
carbon. The landfill owner or operator must divide the NMOC 
concentration as carbon by 6 to convert the CNMOC as carbon 
to CNMOC as hexane. Equation 4 must be used to calculate 
efficiency:
[GRAPHIC] [TIFF OMITTED] TR21MY21.007

Where:

NMOCin = Mass of NMOC entering control device.
NMOCout = Mass of NMOC exiting control device.

    (1) Performance test submission. Within 60 days after the date of 
completing each performance test (as defined inSec.  60.8 of this 
chapter), the owner or operator must submit the results of the

[[Page 624]]

performance tests, including any associated fuel analyses, according to 
Sec.  62.16724(j)(1).
    (2) [Reserved]



Sec.  62.16720  Compliance provisions.

    Follow the compliance provisions in this section (as well as the 
provisions in Sec. Sec.  62.16716 and 62.16722), or the compliance 
provisions in Sec.  63.1960 of this chapter (as well as the provisions 
in Sec. Sec.  63.1958 and 63.1961 of this chapter), or both as 
alternative means of compliance, for an MSW landfill with a gas 
collection and control system used to comply with the provisions of 
Sec.  62.16714(b) and (c). Once the owner or operator begins to comply 
with the provisions of Sec.  63.1960 of this chapter, the owner or 
operator must continue to operate the collection and control device 
according to those provisions and cannot return to the provisions of 
this section.
    (a) Except as provided in Sec.  62.16724(d)(2), the specified 
methods in paragraphs (a)(1) through (6) of this section must be used to 
determine whether the gas collection system is in compliance with Sec.  
62.16714(b)(2).
    (1) For the purposes of calculating the maximum expected gas 
generation flow rate from the landfill to determine compliance with 
Sec.  62.16714(b)(2)(i), either Equation 5 or Equation 6 must be used. 
The methane generation rate constant (k) and methane generation 
potential (Lo) kinetic factors should be those published in the most 
recent AP-42 or other site-specific values demonstrated to be 
appropriate and approved by the Administrator. If k has been determined 
as specified in Sec.  62.16718(a)(4), the value of k determined from the 
test must be used. A value of no more than 15 years must be used for the 
intended use period of the gas mover equipment. The active life of the 
landfill is the age of the landfill plus the estimated number of years 
until closure.
    (i) For sites with unknown year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR21MY21.008
    
Where:

Qm = Maximum expected gas generation flow rate, cubic meters 
          per year.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
R = Average annual acceptance rate, megagrams per year.
k = Methane generation rate constant, year-1.
t = Age of the landfill at equipment installation plus the time the 
          owner or operator intends to use the gas mover equipment or 
          active life of the landfill, whichever is less. If the 
          equipment is installed after closure, t is the age of the 
          landfill at installation, years.
c = Time since closure, years (for an active landfill c = 0 and 
          e-\kc\ = 1).

    (ii) For sites with known year-to-year solid waste acceptance rate:
    [GRAPHIC] [TIFF OMITTED] TR21MY21.009
    
Where:

QM = Maximum expected gas generation flow rate, cubic meters 
          per year.
k = Methane generation rate constant, year-1.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
Mi = Mass of solid waste in the ith section, 
          megagrams.
ti = Age of the ith section, years.

    (iii) If a collection and control system has been installed, actual 
flow data may be used to project the maximum expected gas generation 
flow

[[Page 625]]

rate instead of, or in conjunction with, Equation 5 or Equation 6 in 
paragraphs (a)(1)(i) and (ii) of this section. If the landfill is still 
accepting waste, the actual measured flow data will not equal the 
maximum expected gas generation rate, so calculations using Equation 5 
or Equation 6 in paragraphs (a)(1)(i) or (ii) of this section or other 
methods must be used to predict the maximum expected gas generation rate 
over the intended period of use of the gas control system equipment.
    (2) For the purposes of determining sufficient density of gas 
collectors for compliance with Sec.  62.16714(b)(2)(ii), the owner or 
operator must design a system of vertical wells, horizontal collectors, 
or other collection devices, satisfactory to the Administrator, capable 
of controlling and extracting gas from all portions of the landfill 
sufficient to meet all operational and performance standards.
    (3) For the purpose of demonstrating whether the gas collection 
system flow rate is sufficient to determine compliance with Sec.  
62.16714(b)(2)(iii), the owner or operator must measure gauge pressure 
in the gas collection header applied to each individual well monthly. If 
a positive pressure exists, action must be initiated to correct the 
exceedance within 5 calendar days, except for the three conditions 
allowed under Sec.  62.16716(b). Any attempted corrective measure must 
not cause exceedances of other operational or performance standards.
    (i) If negative pressure cannot be achieved without excess air 
infiltration within 15 calendar days of the first measurement of 
positive pressure, the owner or operator must conduct a root cause 
analysis and correct the exceedance as soon as practicable, but not 
later than 60 days after positive pressure was first measured. The owner 
or operator must keep records according to Sec.  62.16726(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60 
days following the positive pressure or elevated temperature measurement 
for which the root cause analysis was required, the owner or operator 
must also conduct a corrective action analysis and develop an 
implementation schedule to complete the corrective action(s) as soon as 
practicable, but no more than 120 days following the measurement of 
landfill gas temperature greater than 55 degrees Celsius (131 degrees 
Fahrenheit) or positive pressure. The owner or operator must submit the 
items listed in Sec.  62.16724(h)(7) as part of the next annual report. 
The owner or operator must keep records according to Sec.  
62.16726(e)(4).
    (iii) If corrective action is expected to take longer than 120 days 
to complete after the initial exceedance, the owner or operator must 
submit the root cause analysis, corrective action analysis, and 
corresponding implementation timeline to the Administrator, according to 
Sec.  62.16724(h)(7) and (k). The owner or operator must keep records 
according to Sec.  62.16726(e)(5).
    (4) For the purpose of identifying whether excess air infiltration 
into the landfill is occurring, the owner or operator must monitor each 
well monthly for temperature as provided in Sec.  62.16716(c). If a well 
exceeds the operating parameter for temperature, action must be 
initiated to correct the exceedance within 5 calendar days. Any 
attempted corrective measure must not cause exceedances of other 
operational or performance standards.
    (i) If a landfill gas temperature less than 55 degrees Celsius (131 
degrees Fahrenheit) cannot be achieved within 15 calendar days of the 
first measurement of landfill gas temperature greater than 55 degrees 
Celsius (131 degrees Fahrenheit), the owner or operator must conduct a 
root cause analysis and correct the exceedance as soon as practicable, 
but no later than 60 days after a landfill gas temperature greater than 
55 degrees Celsius (131 degrees Fahrenheit) was first measured. The 
owner or operator must keep records according to Sec.  62.16726(e)(3).
    (ii) If corrective actions cannot be fully implemented within 60 
days following the measurement of landfill gas temperature greater than 
55 degrees Celsius (131 degrees Fahrenheit) for which the root cause 
analysis was required, the owner or operator must also conduct a 
corrective action analysis and develop an implementation schedule to 
complete the corrective action(s) as soon as practicable, but no

[[Page 626]]

more than 120 days following the measurement of landfill gas temperature 
greater than 55 degrees Celsius (131 degrees Fahrenheit). The owner or 
operator must submit the items listed in Sec.  62.16724(h)(7) as part of 
the next annual report. The owner or operator must keep records 
according to Sec.  62.16726(e)(4).
    (iii) If corrective action is expected to take longer than 120 days 
to complete after the initial exceedance, the owner or operator must 
submit the root cause analysis, corrective action analysis, and 
corresponding implementation timeline to the Administrator, according to 
Sec.  62.16724(h)(7) and Sec.  62.16724(k). The owner or operator must 
keep records according to Sec.  62.16726(e)(5).
    (5) An owner or operator seeking to demonstrate compliance with 
Sec.  62.16714(b)(2)(iv) through the use of a collection system not 
conforming to the specifications provided in Sec.  62.16728 must provide 
information satisfactory to the Administrator as specified in Sec.  
62.16724(d)(3) demonstrating that off-site migration is being 
controlled.
    (b) For purposes of compliance with Sec.  62.16716(a), each owner or 
operator of a controlled landfill must place each well or design 
component as specified in the approved design plan as provided in Sec.  
62.16724(d). Each well must be installed no later than 60 days after the 
date on which the initial solid waste has been in place for a period of:
    (1) 5 years or more if active; or
    (2) 2 years or more if closed or at final grade.
    (c) The following procedures must be used for compliance with the 
surface methane operational standard as provided in Sec.  62.16716(d):
    (1) After installation and startup of the gas collection system, the 
owner or operator must monitor surface concentrations of methane along 
the entire perimeter of the collection area and along a pattern that 
traverses the landfill at no more than 30-meter intervals (or a site-
specific established spacing) for each collection area on a quarterly 
basis using an organic vapor analyzer, flame ionization detector, or 
other portable monitor meeting the specifications provided in paragraph 
(d) of this section.
    (2) The background concentration must be determined by moving the 
probe inlet upwind and downwind outside the boundary of the landfill at 
a distance of at least 30 meters from the perimeter wells.
    (3) Surface emission monitoring must be performed in accordance with 
section 8.3.1 of EPA Method 21 of appendix A-7 of 40 CFR part 60, except 
that the probe inlet must be placed within 5 to 10 centimeters of the 
ground. Monitoring must be performed during typical meteorological 
conditions.
    (4) Any reading of 500 parts per million or more above background at 
any location must be recorded as a monitored exceedance and the actions 
specified in paragraphs (c)(4)(i) through (v) of this section must be 
taken. As long as the specified actions are taken, the exceedance is not 
a violation of the operational requirements of Sec.  62.16716(d).
    (i) The location of each monitored exceedance must be marked, and 
the location and concentration recorded. For location, you must 
determine the latitude and longitude coordinates using an instrument 
with an accuracy of at least 4 meters. The coordinates must be in 
decimal degrees with at least five decimal places.
    (ii) Cover maintenance or adjustments to the vacuum of the adjacent 
wells to increase the gas collection in the vicinity of each exceedance 
must be made and the location must be re-monitored within 10 calendar 
days of detecting the exceedance.
    (iii) If the re-monitoring of the location shows a second 
exceedance, additional corrective action must be taken, and the location 
must be monitored again within 10 days of the second exceedance. If the 
re-monitoring shows a third exceedance for the same location, the action 
specified in paragraph (c)(4)(v) of this section must be taken, and no 
further monitoring of that location is required until the action 
specified in paragraph (c)(4)(v) of this section has been taken.
    (iv) Any location that initially showed an exceedance but has a 
methane concentration less than 500 parts-per-million methane above 
background at the 10-day re-monitoring specified in

[[Page 627]]

paragraph (c)(4)(ii) or (iii) of this section must be re-monitored 1 
month from the initial exceedance. If the 1-month re-monitoring shows a 
concentration less than 500 parts-per-million above background, no 
further monitoring of that location is required until the next quarterly 
monitoring period. If the 1-month re-monitoring shows an exceedance, the 
actions specified in paragraph (c)(4)(iii) or (v) of this section must 
be taken.
    (v) For any location where monitored methane concentration equals or 
exceeds 500 parts-per-million above background three times within a 
quarterly period, a new well or other collection device must be 
installed within 120 calendar days of the initial exceedance. An 
alternative remedy to the exceedance, such as upgrading the blower, 
header pipes or control device, and a corresponding timeline for 
installation may be submitted to the Administrator for approval.
    (5) The owner or operator must implement a program to monitor for 
cover integrity and implement cover repairs as necessary on a monthly 
basis.
    (d) Each owner or operator seeking to comply with the provisions in 
paragraph (c) of this section or Sec.  62.16718(a)(6) must comply with 
the following instrumentation specifications and procedures for surface 
emission monitoring devices:
    (1) The portable analyzer must meet the instrument specifications 
provided in section 6 of EPA Method 21 of appendix A-7 of 40 CFR part 
60, except that ``methane'' replaces all references to ``VOC.''
    (2) The calibration gas must be methane, diluted to a nominal 
concentration of 500 parts-per-million in air.
    (3) To meet the performance evaluation requirements in section 8.1 
of EPA Method 21 of appendix A-7 of 40 CFR part 60, the instrument 
evaluation procedures of section 8.1 of EPA Method 21 of appendix A-7 of 
40 CFR part 60 must be used.
    (4) The calibration procedures provided in sections 8 and 10 of EPA 
Method 21 of appendix A-7 of 40 CFR part 60 must be followed immediately 
before commencing a surface monitoring survey.
    (e) The provisions of this subpart apply at all times, including 
periods of startup, shutdown, or malfunction. During periods of startup, 
shutdown, and malfunction, you must comply with the work practice 
specified in Sec.  62.16716(e) in lieu of the compliance provisions in 
Sec.  62.16720.



Sec.  62.16722  Monitoring of operations.

    Follow the monitoring provisions in this section (as well as the 
provisions in Sec. Sec.  62.16716 and 62.16720), except as provided in 
Sec.  62.16724(d)(2), or the monitoring provisions in Sec.  63.1961 of 
this chapter (as well as the provisions in Sec. Sec.  63.1958 and 
63.1960 of this chapter), or both as alternative means of compliance, 
for an MSW landfill with a gas collection and control system used to 
comply with the provisions of Sec.  62.16714(b) and (c). Once the owner 
or operator begins to comply with the provisions of Sec.  63.1961 of 
this chapter, the owner or operator must continue to operate the 
collection and control device according to those provisions and cannot 
return to the provisions of this section.
    (a) Each owner or operator seeking to comply with Sec.  
62.16714(b)(2) for an active gas collection system must install a 
sampling port and a thermometer, other temperature measuring device, or 
an access port for temperature measurements at each wellhead and:
    (1) Measure the gauge pressure in the gas collection header on a 
monthly basis as provided in Sec.  62.16720(a)(3); and
    (2) Monitor nitrogen or oxygen concentration in the landfill gas on 
a monthly basis as follows:
    (i) The nitrogen level must be determined using EPA Method 3C of 
appendix A-2 of 40 CFR part 60, unless an alternative test method is 
established as allowed by Sec.  62.16724(d)(2).
    (ii) Unless an alternative test method is established as allowed by 
Sec.  62.16724(d)(2), the oxygen level must be determined by an oxygen 
meter using EPA Method 3A of appendix A-7 of 40 CFR part 60, EPA Method 
3C of appendix A-7 of 40 CFR part 60, or ASTM D6522-11. Determine the 
oxygen level by an oxygen meter using EPA Method 3A, 3C, or ASTM D6522-
11 (if sample location is prior to combustion) except that:

[[Page 628]]

    (A) The span must be set between 10- and 12-percent oxygen;
    (B) A data recorder is not required;
    (C) Only two calibration gases are required, a zero and span;
    (D) A calibration error check is not required;
    (E) The allowable sample bias, zero drift, and calibration drift are 
10 percent.
    (iii) A portable gas composition analyzer may be used to monitor the 
oxygen levels provided:
    (A) The analyzer is calibrated; and
    (B) The analyzer meets all quality assurance and quality control 
requirements for EPA Method 3A or ASTM D6522-11.
    (3) Monitor temperature of the landfill gas on a monthly basis as 
provided in Sec.  62.16720(a)(4). The temperature measuring device must 
be calibrated annually using the procedure in 40 CFR part 60, appendix 
A-1, EPA Method 2, section 10.3.
    (b) Each owner or operator seeking to comply with Sec.  62.16714(c) 
using an enclosed combustor must calibrate, maintain, and operate 
according to the manufacturer's specifications, the following equipment:
    (1) A temperature monitoring device equipped with a continuous 
recorder and having a minimum accuracy of 1 
percent of the temperature being measured expressed in degrees Celsius 
or 0.5 degrees Celsius, whichever is greater. A 
temperature monitoring device is not required for boilers or process 
heaters with design heat input capacity equal to or greater than 44 
megawatts.
    (2) A device that records flow to the control device and bypass of 
the control device (if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that must record the flow to the control device at least every 15 
minutes; and
    (ii) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism must be performed at least once every month to 
ensure that the valve is maintained in the closed position and that the 
gas flow is not diverted through the bypass line.
    (c) Each owner or operator seeking to comply with Sec.  62.16714(c) 
using a non-enclosed flare must install, calibrate, maintain, and 
operate according to the manufacturer's specifications the following 
equipment:
    (1) A heat sensing device, such as an ultraviolet beam sensor or 
thermocouple, at the pilot light or the flame itself to indicate the 
continuous presence of a flame.
    (2) A device that records flow to the flare and bypass of the flare 
(if applicable). The owner or operator must:
    (i) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the control device at least every 15 
minutes; and
    (ii) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism must be performed at least once every month to 
ensure that the valve is maintained in the closed position and that the 
gas flow is not diverted through the bypass line.
    (d) Each owner or operator seeking to demonstrate compliance with 
Sec.  62.16714(c) using a device other than a non-enclosed flare or an 
enclosed combustor or a treatment system must provide information 
satisfactory to the Administrator as provided in Sec.  62.16724(d)(2) 
describing the operation of the control device, the operating parameters 
that would indicate proper performance, and appropriate monitoring 
procedures. The Administrator must review the information and either 
approve it, or request that additional information be submitted. The 
Administrator may specify additional appropriate monitoring procedures.
    (e) Each owner or operator seeking to install a collection system 
that does not meet the specifications in Sec.  62.16728 or seeking to 
monitor alternative parameters to those required by Sec.  62.16716 
through Sec.  62.16722 must provide information satisfactory to the 
Administrator as provided in Sec.  62.16724(d)(2) and (3) describing the 
design and operation of the collection system, the operating parameters 
that would indicate proper performance, and appropriate monitoring 
procedures. The Administrator may specify additional appropriate 
monitoring procedures.

[[Page 629]]

    (f) Each owner or operator seeking to demonstrate compliance with 
the 500 parts-per-million surface methane operational standard in Sec.  
62.16716(d) must monitor surface concentrations of methane according to 
the procedures provided in Sec.  62.16720(c) and the instrument 
specifications in Sec.  62.16720(d). Any closed landfill that has no 
monitored exceedances of the operational standard in three consecutive 
quarterly monitoring periods may skip to annual monitoring. Any methane 
reading of 500 parts-per-million or more above background detected 
during the annual monitoring returns the frequency for that landfill to 
quarterly monitoring.
    (g) Each owner or operator seeking to demonstrate compliance with 
the control system requirements in Sec.  62.16714(c) using a landfill 
gas treatment system must maintain and operate all monitoring systems 
associated with the treatment system in accordance with the site-
specific treatment system monitoring plan required in Sec.  
62.16726(b)(5)(ii) and must calibrate, maintain, and operate according 
to the manufacturer's specifications a device that records flow to the 
treatment system and bypass of the treatment system (if applicable). The 
owner or operator must:
    (1) Install, calibrate, and maintain a gas flow rate measuring 
device that records the flow to the treatment system at least every 15 
minutes; and
    (2) Secure the bypass line valve in the closed position with a car-
seal or a lock-and-key type configuration. A visual inspection of the 
seal or closure mechanism must be performed at least once every month to 
ensure that the valve is maintained in the closed position and that the 
gas flow is not diverted through the bypass line.
    (h) The monitoring requirements of paragraphs (b), (c), (d), and (g) 
of this section apply at all times the designated facility is operating, 
except for periods of monitoring system malfunctions, repairs associated 
with monitoring system malfunctions, and required monitoring system 
quality assurance or quality control activities. A monitoring system 
malfunction is any sudden, infrequent, not reasonably preventable 
failure of the monitoring system to provide valid data. Monitoring 
system failures that are caused in part by poor maintenance or careless 
operation are not malfunctions. You are required to complete monitoring 
system repairs in response to monitoring system malfunctions and to 
return the monitoring system to operation as expeditiously as 
practicable.
    (i) Incorporation by reference required material.
    (1) The material required by this section was approved for 
incorporation by reference into this section by the Director of the 
Federal Register under 5 U.S.C. 552(a) and 1 CFR part 51. You may 
inspect approved material at the EPA Docket Center, WJC West Building, 
Room Number 3334, 1301 Constitution Ave. NW, Washington, DC, (202) 566-
1744, Docket ID No. EPA-HQ-OAR-2019-0338 and obtain it from the 
source(s) listed below. It is also available for inspection at the 
National Archives and Records Administration (NARA). For information on 
the availability of this material at NARA, email [email protected], 
or go to www.archives.gov/federal-register/cfr/ibr-locations.html.
    (2) ASTM International, 100 Barr Harbor Drive, P.O. Box CB700, West 
Conshohocken, Pennsylvania 19428-2959, (800) 262-1373, www.astm.org.
    (i) ASTM D6522-11 Standard Test Method for Determination of Nitrogen 
Oxides, Carbon Monoxide, and Oxygen Concentrations in Emissions from 
Natural Gas-Fired Reciprocating Engines, Combustion Turbines, Boilers, 
and Process Heaters Using Portable Analyzers, approved December 1, 2011.
    (ii) [Reserved]



Sec.  62.16724  Reporting guidelines.

    Follow the reporting provisions listed in this section, as 
applicable, except as provided under 40 CFR 60.24 and Sec. Sec.  
62.16711(g), (h), and 62.16724(d)(2).
    (a) Design capacity report. Submit the initial design capacity 
report no later than September 20, 2021. The initial design capacity 
report must contain the following information:
    (1) A map or plot of the landfill, providing the size and location 
of the landfill, and identifying all areas where solid waste may be 
landfilled according to the permit issued by the state, local,

[[Page 630]]

or tribal agency responsible for regulating the landfill.
    (2) The maximum design capacity of the landfill. Where the maximum 
design capacity is specified in the permit issued by the state, local, 
or tribal agency responsible for regulating the landfill, a copy of the 
permit specifying the maximum design capacity may be submitted as part 
of the report. If the maximum design capacity of the landfill is not 
specified in the permit, the maximum design capacity must be calculated 
using good engineering practices. The calculations must be provided, 
along with the relevant parameters as part of the report. The landfill 
may calculate design capacity in either megagrams or cubic meters for 
comparison with the exemption values. If the owner or operator chooses 
to convert the design capacity from volume to mass or from mass to 
volume to demonstrate its design capacity is less than 2.5 million 
megagrams or 2.5 million cubic meters, the calculation must include a 
site-specific density, which must be recalculated annually. Any density 
conversions must be documented and submitted with the design capacity 
report. The state, local, or tribal agency or the Administrator may 
request other reasonable information as may be necessary to verify the 
maximum design capacity of the landfill.
    (b) Amended design capacity report. An amended design capacity 
report must be submitted providing notification of an increase in the 
design capacity of the landfill, within 90 days of an increase in the 
maximum design capacity of the landfill to meet or exceed 2.5 million 
megagrams and 2.5 million cubic meters. This increase in design capacity 
may result from an increase in the permitted volume of the landfill or 
an increase in the density as documented in the annual recalculation 
required in Sec.  62.16726(f).
    (c) NMOC emission rate report. For existing MSW landfills covered by 
this subpart with a design capacity equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters, the NMOC emission rate report 
must be submitted following the procedure specified in paragraph (j)(2) 
of this section no later than 90 days after the effective date of this 
subpart. The NMOC emission rate report must be submitted to the 
Administrator annually following the procedure specified in paragraph 
(j)(2) of this section, except as provided for in paragraph (c)(3) of 
this section. The Administrator may request such additional information 
as may be necessary to verify the reported NMOC emission rate.
    (1) The NMOC emission rate report must contain an annual or 5-year 
estimate of the NMOC emission rate calculated using the formula and 
procedures provided in Sec.  62.16718(a) or (b), as applicable.
    (2) The NMOC emission rate report must include all the data, 
calculations, sample reports and measurements used to estimate the 
annual or 5-year emissions.
    (3) If the estimated NMOC emission rate as reported in the annual 
report to the Administrator is less than 34 megagrams per year in each 
of the next 5 consecutive years, the owner or operator may elect to 
submit, following the procedure specified in paragraph (j)(2) of this 
section, an estimate of the NMOC emission rate for the next 5-year 
period in lieu of the annual report. This estimate must include the 
current amount of solid waste-in-place and the estimated waste 
acceptance rate for each year of the 5 years for which an NMOC emission 
rate is estimated. All data and calculations upon which this estimate is 
based must be provided to the Administrator. This estimate must be 
revised at least once every 5 years. If the actual waste acceptance rate 
exceeds the estimated waste acceptance rate in any year reported in the 
5-year estimate, a revised 5-year estimate must be submitted to the 
Administrator. The revised estimate must cover the 5-year period 
beginning with the year in which the actual waste acceptance rate 
exceeded the estimated waste acceptance rate.
    (4) Each owner or operator subject to the requirements of this 
subpart is exempted from the requirements to submit an NMOC emission 
rate report, after installing a collection and control system that 
complies with Sec.  62.16714(b) and (c), during such time as the 
collection and control system is in

[[Page 631]]

operation and in compliance with Sec. Sec.  62.16716 and 62.16720.
    (d) Collection and control system design plan. The collection and 
control system design plan must be prepared and approved by a 
professional engineer and must meet the following requirements:
    (1) The collection and control system as described in the design 
plan must meet the design requirements in Sec.  62.16714(b) and (c).
    (2) The collection and control system design plan must include any 
alternatives to the operational standards, test methods, procedures, 
compliance measures, monitoring, recordkeeping, or reporting provisions 
of Sec. Sec.  62.16716 through 62.16726 proposed by the owner or 
operator.
    (3) The collection and control system design plan must either 
conform to specifications for active collection systems in Sec.  
62.16728 or include a demonstration to the Administrator's satisfaction 
of the sufficiency of the alternative provisions to Sec.  62.16728.
    (4) Each owner or operator of an MSW landfill having a design 
capacity equal to or greater than 2.5 million megagrams and 2.5 million 
cubic meters must submit a copy of the collection and control system 
design plan cover page that contains the engineer's seal to the 
Administrator within 1 year of the first NMOC emission rate report in 
which the NMOC emission rate equals or exceeds 34 megagrams per year, 
except as follows:
    (i) If the owner or operator elects to recalculate the NMOC emission 
rate after Tier 2 NMOC sampling and analysis as provided in Sec.  
62.16718(a)(3) and the resulting rate is less than 34 megagrams per 
year, annual periodic reporting must be resumed, using the Tier 2 
determined site-specific NMOC concentration, until the calculated NMOC 
emission rate is equal to or greater than 34 megagrams per year or the 
landfill is closed. The revised NMOC emission rate report, with the 
recalculated NMOC emission rate based on NMOC sampling and analysis, 
must be submitted, following the procedures in paragraph (j)(2) of this 
section, within 180 days of the first calculated exceedance of 34 
megagrams per year.
    (ii) If the owner or operator elects to recalculate the NMOC 
emission rate after determining a site-specific methane generation rate 
constant k, as provided in Tier 3 in Sec.  62.16718(a)(4), and the 
resulting NMOC emission rate is less than 34 megagrams per year, annual 
periodic reporting must be resumed. The resulting site-specific methane 
generation rate constant k must be used in the NMOC emission rate 
calculation until such time as the emissions rate calculation results in 
an exceedance. The revised NMOC emission rate report based on the 
provisions of Sec.  62.16718(a)(4) and the resulting site-specific 
methane generation rate constant k must be submitted, following the 
procedure specified in paragraph (j)(2) of this section, to the 
Administrator within 1 year of the first calculated NMOC emission rate 
equaling or exceeding 34 megagrams per year.
    (iii) If the owner or operator elects to demonstrate that site-
specific surface methane emissions are below 500 parts-per-million 
methane, based on the provisions of Sec.  62.16718(a)(6), then the owner 
or operator must submit annually a Tier 4 surface emissions report as 
specified in this paragraph following the procedure specified in 
paragraph (j)(2) of this section until a surface emissions reading of 
500 parts-per-million methane or greater is found. If the Tier 4 surface 
emissions report shows no surface emissions readings of 500 parts-per-
million methane or greater for four consecutive quarters at a closed 
landfill, then the landfill owner or operator may reduce Tier 4 
monitoring from a quarterly to an annual frequency. The Administrator 
may request such additional information as may be necessary to verify 
the reported instantaneous surface emission readings. The Tier 4 surface 
emissions report must clearly identify the location, date and time (to 
the nearest second), average wind speeds including wind gusts, and 
reading (in parts-per-million) of any value 500 parts-per-million 
methane or greater, other than non-repeatable, momentary readings. For 
location, you must determine the latitude and longitude coordinates 
using an instrument with an accuracy of at least 4 meters. The 
coordinates must be in decimal degrees with at least five decimal 
places. The Tier 4

[[Page 632]]

surface emission report should also include the results of the most 
recent Tier 1 and Tier 2 results in order to verify that the landfill 
does not exceed 50 megagrams per year of NMOC.
    (A) The initial Tier 4 surface emissions report must be submitted 
annually, starting within 30 days of completing the fourth quarter of 
Tier 4 SEM that demonstrates that site-specific surface methane 
emissions are below 500 parts-per-million methane, and following the 
procedure specified in paragraph (j)(2) of this section
    (B) The Tier 4 surface emissions rate report must be submitted 
within 1 year of the first measured surface exceedance of 500 parts-per-
million methane, following the procedure specified in paragraph (j)(2) 
of this section.
    (iv) If the landfill is in the closed landfill subcategory, the 
owner or operator is exempt from submitting a collection and control 
system design plan to the Administrator provided that conditions in 
Sec.  62.16711(g)(3) are met. If not, the owner or operator shall follow 
the submission procedures and timing in Sec.  62.16724(d)(ii) and (iii) 
using a level of 50 Mg/yr instead of 34 Mg/yr.
    (5) The landfill owner or operator must notify the Administrator 
that the design plan is completed and submit a copy of the plan's 
signature page. The Administrator has 90 days to decide whether the 
design plan should be submitted for review. If the Administrator chooses 
to review the plan, the approval process continues as described in 
paragraph (c)(6) of this section. However, if the Administrator 
indicates that submission is not required or does not respond within 90 
days, the landfill owner or operator can continue to implement the plan 
with the recognition that the owner or operator is proceeding at their 
own risk. In the event that the design plan is required to be modified 
to obtain approval, the owner or operator must take any steps necessary 
to conform any prior actions to the approved design plan and any failure 
to do so could result in an enforcement action.
    (6) Upon receipt of an initial or revised design plan, the 
Administrator must review the information submitted under paragraphs 
(d)(1) through (3) of this section and either approve it, disapprove it, 
or request that additional information be submitted. Because of the many 
site-specific factors involved with landfill gas system design, 
alternative systems may be necessary. A wide variety of system designs 
are possible, such as vertical wells, combination horizontal and 
vertical collection systems, or horizontal trenches only, leachate 
collection components, and passive systems. If the Administrator does 
not approve or disapprove the design plan, or does not request that 
additional information be submitted within 90 days of receipt, then the 
owner or operator may continue with implementation of the design plan, 
recognizing they would be proceeding at their own risk.
    (7) If the owner or operator chooses to demonstrate compliance with 
the emission control requirements of this subpart using a treatment 
system as defined in this subpart, then the owner or operator must 
prepare a site-specific treatment system monitoring plan as specified in 
Sec.  62.16726(b)(5). Legacy controlled landfills must prepare the 
monitoring plan no later than May 23, 2022.
    (e) Revised design plan. The owner or operator who has already been 
required to submit a design plan under paragraph (d) of this section, or 
under subpart GGG of this part; 40 CFR part 60, subpart WWW; or a state 
plan implementing subpart Cc of 40 CFR part 60, must submit a revised 
design plan to the Administrator for approval as follows:
    (1) At least 90 days before expanding operations to an area not 
covered by the previously approved design plan.
    (2) Prior to installing or expanding the gas collection system in a 
way that is not consistent with the design plan that was submitted to 
the Administrator according to paragraph (d) of this section.
    (f) Closure report. Each owner or operator of a controlled landfill 
must submit a closure report to the Administrator within 30 days of 
ceasing waste acceptance. The Administrator may request additional 
information as may be necessary to verify that permanent closure has 
taken place in accordance with the requirements of 40 CFR 258.60. If a 
closure report has been submitted to the Administrator, no additional

[[Page 633]]

wastes may be placed into the landfill without filing a notification of 
modification as described under 40 CFR 60.7(a)(4).
    (g) Equipment removal report. Each owner or operator of a controlled 
landfill must submit an equipment removal report to the Administrator 30 
days prior to removal or cessation of operation of the control 
equipment.
    (1) The equipment removal report must contain the following items:
    (i) A copy of the closure report submitted in accordance with 
paragraph (f) of this section; and
    (ii) A copy of the initial performance test report demonstrating 
that the 15-year minimum control period has expired, unless the report 
of the results of the performance test has been submitted to the EPA via 
the EPA's Central Data Exchange (CDX), or information that demonstrates 
that the gas collection and control system will be unable to operate for 
15 years due to declining gas flows. In the equipment removal report, 
the process unit(s) tested, the pollutant(s) tested, and the date that 
such performance test was conducted may be submitted in lieu of the 
performance test report if the report has been previously submitted to 
the EPA's CDX; and
    (iii) Dated copies of three successive NMOC emission rate reports 
demonstrating that the landfill is no longer producing 34 megagrams or 
greater of NMOC per year, unless the NMOC emission rate reports have 
been submitted to the EPA via the EPA's CDX. If the NMOC emission rate 
reports have been previously submitted to the EPA's CDX, a statement 
that the NMOC emission rate reports have been submitted electronically 
and the dates that the reports were submitted to the EPA's CDX may be 
submitted in the equipment removal report in lieu of the NMOC emission 
rate reports; or
    (iv) For the closed landfill subcategory, dated copies of three 
successive NMOC emission rate reports demonstrating that the landfill is 
no longer producing 50 megagrams or greater of NMOC per year, unless the 
NMOC emission rate reports have been submitted to the EPA via the EPA's 
CDX. If the NMOC emission rate reports have been previously submitted to 
the EPA's CDX, a statement that the NMOC emission rate reports have been 
submitted electronically and the dates that the reports were submitted 
to the EPA's CDX may be submitted in the equipment removal report in 
lieu of the NMOC emission rate reports.
    (2) The Administrator may request such additional information as may 
be necessary to verify that all of the conditions for removal in Sec.  
62.16714(f) have been met.
    (h) Annual report. The owner or operator of a landfill seeking to 
comply with Sec.  62.16714(e)(2) using an active collection system 
designed in accordance with Sec.  62.16714(b) must submit to the 
Administrator, following the procedures specified in paragraph (j)(2) of 
this section, an annual report of the recorded information in paragraphs 
(h)(1) through (7) of this section. The initial annual report must be 
submitted within 180 days of installation and startup of the collection 
and control system except for legacy controlled landfills that have 
already submitted an initial report under 40 CFR part 60, subpart WWW; 
subpart GGG of this part; or a state plan implementing 40 CFR part 60, 
subpart Cc. Except for legacy controlled landfills, the initial annual 
report must include the initial performance test report required under 
40 CFR 60.8, as applicable, unless the report of the results of the 
performance test has been submitted to the EPA via the EPA's CDX. Legacy 
controlled landfills are exempted from submitting performance test 
reports in EPA's CDX provided that those reports were submitted under 40 
CFR part 60, subpart WWW; subpart GGG of this part; or a state plan 
implementing 40 CFR part 60, subpart Cc. In the initial annual report, 
the process unit(s) tested, the pollutant(s) tested and the date that 
such performance test was conducted may be submitted in lieu of the 
performance test report if the report has been previously submitted to 
the EPA's CDX. The initial performance test report must be submitted, 
following the procedure specified in paragraph (j)(1) of this section, 
no later than the date that the initial annual report is submitted. For 
enclosed combustion devices and flares, reportable exceedances are 
defined under

[[Page 634]]

Sec.  62.16726(c)(1). Legacy controlled landfills are required to submit 
the annual report no later than one year after the most recent annual 
report submitted. If complying with the operational provisions of 
Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, as allowed at 
Sec. Sec.  62.16716, 62.16720, and 62.16722, the owner or operator must 
follow the semi-annual reporting requirements in Sec.  63.1981(h) of 
this chapter in lieu of this paragraph.
    (1) Value and length of time for exceedance of applicable parameters 
monitored under Sec.  62.16722(a)(1), (b), (c), (d), and (g).
    (2) Description and duration of all periods when the gas stream was 
diverted from the control device or treatment system through a bypass 
line or the indication of bypass flow as specified under Sec.  62.16722.
    (3) Description and duration of all periods when the control device 
or treatment system was not operating and length of time the control 
device or treatment system was not operating.
    (4) All periods when the collection system was not operating.
    (5) The location of each exceedance of the 500 parts-per-million 
methane concentration as provided in Sec.  62.16716(d) and the 
concentration recorded at each location for which an exceedance was 
recorded in the previous month. For location, you must determine the 
latitude and longitude coordinates using an instrument with an accuracy 
of at least 4 meters. The coordinates must be in decimal degrees with at 
least five decimal places.
    (6) The date of installation and the location of each well or 
collection system expansion added pursuant to Sec.  62.16720(a)(3), (4), 
(b), and (c)(4).
    (7) For any corrective action analysis for which corrective actions 
are required in Sec.  62.16720(a)(3) or (4) and that take more than 60 
days to correct the exceedance, the root cause analysis conducted, 
including a description of the recommended corrective action(s), the 
date for corrective action(s) already completed following the positive 
pressure or elevated temperature reading, and, for action(s) not already 
completed, a schedule for implementation, including proposed 
commencement and completion dates.
    (i) Initial performance test report. Each owner or operator seeking 
to comply with Sec.  62.16714(c) must include the following information 
with the initial performance test report required under 40 CFR 60.8 of 
this chapter:
    (1) A diagram of the collection system showing collection system 
positioning including all wells, horizontal collectors, surface 
collectors, or other gas extraction devices, including the locations of 
any areas excluded from collection and the proposed sites for the future 
collection system expansion;
    (2) The data upon which the sufficient density of wells, horizontal 
collectors, surface collectors, or other gas extraction devices and the 
gas mover equipment sizing are based;
    (3) The documentation of the presence of asbestos or nondegradable 
material for each area from which collection wells have been excluded 
based on the presence of asbestos or nondegradable material;
    (4) The sum of the gas generation flow rates for all areas from 
which collection wells have been excluded based on nonproductivity and 
the calculations of gas generation flow rate for each excluded area;
    (5) The provisions for increasing gas mover equipment capacity with 
increased gas generation flow rate, if the present gas mover equipment 
is inadequate to move the maximum flow rate expected over the life of 
the landfill; and
    (6) The provisions for the control of off-site migration.
    (j) Electronic reporting. The owner or operator must submit reports 
electronically according to paragraphs (j)(1) and (2) of this section.
    (1) Within 60 days after the date of completing each performance 
test (as defined in 40 CFR 60.8 of this chapter), the owner or operator 
must submit the results of each performance test according to the 
following procedures:
    (i) For data collected using test methods supported by the EPA's 
Electronic Reporting Tool (ERT) as listed on the EPA's ERT website 
(https://www3.epa.gov/ttn/chief/ert/ert_info.html) at the time of the 
test, you must submit the results of the performance test to the EPA via 
the Compliance and Emissions Data Reporting Interface

[[Page 635]]

(CEDRI). The CEDRI can be accessed through the EPA's CDX (https://
cdx.epa.gov/). Performance test data must be submitted in a file format 
generated through the use of the EPA's ERT or an alternative file format 
consistent with the extensible markup language (XML) schema listed on 
the EPA's ERT website, once the XML schema is available. If you claim 
that some of the performance test information being submitted is 
confidential business information (CBI), you must submit a complete file 
generated through the use of the EPA's ERT or an alternate electronic 
file consistent with the XML schema listed on the EPA's ERT website, 
including information claimed to be CBI, on a compact disc, flash drive, 
or other commonly used electronic storage media to the EPA. The 
electronic media must be clearly marked as CBI and mailed to U.S. EPA/
OAQPS/CORE CBI Office, Attention: Group Leader, Measurement Policy 
Group, MD C404-02, 4930 Old Page Rd., Durham, NC 27703. The same ERT or 
alternate file with the CBI omitted must be submitted to the EPA via the 
EPA's CDX as described earlier in this paragraph.
    (ii) For data collected using test methods that are not supported by 
the EPA's ERT as listed on the EPA's ERT website at the time of the 
test, you must submit the results of the performance test to the 
Administrator at the appropriate address listed in 40 CFR 60.4 of this 
chapter.
    (2) Each owner or operator required to submit reports following the 
procedure specified in this paragraph must submit reports to the EPA via 
the CEDRI (CEDRI can be accessed through the EPA's CDX). The owner or 
operator must use the appropriate electronic report in CEDRI for this 
subpart or an alternate electronic file format consistent with the XML 
schema listed on the CEDRI website (https://www3.epa.gov/ttn/chief/
cedri/index.html). If the reporting form specific to this subpart is not 
available in CEDRI at the time that the report is due, the owner or 
operator must submit the report to the Administrator at the appropriate 
address listed in 40 CFR 60.4 of this chapter. Once the form has been 
available in CEDRI for 90 calendar days, the owner or operator must 
begin submitting all subsequent reports via CEDRI. The reports must be 
submitted by the deadlines specified in this subpart, regardless of the 
method in which the reports are submitted.
    (k) Corrective action and the corresponding timeline. The owner or 
operator must submit according to paragraphs (k)(1) and (2) of this 
section. If complying with the operational provisions of 40 CFR 63.1958, 
63.1960, and 63.1961 of this chapter, as allowed at Sec. Sec.  62.16716, 
62.16720, and 62.16722, the owner or operator must follow the corrective 
action and the corresponding timeline reporting requirements in Sec.  
63.1981(j) of this chapter in lieu of paragraphs (k)(1) and (2) of this 
section.
    (1) For corrective action that is required according to Sec.  
62.16720(a)(3)(iii) or 62.16720(a)(4)(iii) and is expected to take 
longer than 120 days after the initial exceedance to complete, you must 
submit the root cause analysis, corrective action analysis, and 
corresponding implementation timeline to the Administrator as soon as 
practicable but no later than 75 days after the first measurement of 
positive pressure or temperature monitoring value of 55 degrees Celsius 
(131 degrees Fahrenheit) or above. The Administrator must approve the 
plan for corrective action and the corresponding timeline.
    (2) For corrective action that is required according to Sec.  
62.16720(a)(3)(iii) or Sec.  62.16720(a)(4)(iii) and is not completed 
within 60 days after the initial exceedance, you must submit a 
notification to the Administrator as soon as practicable but no later 
than 75 days after the first measurement of positive pressure or 
temperature exceedance.
    (l) Liquids addition. The owner or operator of a designated facility 
with a design capacity equal to or greater than 2.5 million megagrams 
and 2.5 million cubic meters that has employed leachate recirculation or 
added liquids based on a Research, Development, and Demonstration permit 
(issued through Resource Conservation and Recovery Act (RCRA), subtitle 
D, part 258) within the last 10 years must submit to the Administrator, 
annually, following the procedure specified in

[[Page 636]]

paragraph (j)(2) of this section, the following information:
    (1) Volume of leachate recirculated (gallons per year) and the 
reported basis of those estimates (records or engineering estimates).
    (2) Total volume of all other liquids added (gallons per year) and 
the reported basis of those estimates (records or engineering 
estimates).
    (3) Surface area (acres) over which the leachate is recirculated (or 
otherwise applied).
    (4) Surface area (acres) over which any other liquids are applied.
    (5) The total waste disposed (megagrams) in the areas with 
recirculated leachate and/or added liquids based on on-site records to 
the extent data are available, or engineering estimates and the reported 
basis of those estimates.
    (6) The annual waste acceptance rates (megagrams per year) in the 
areas with recirculated leachate and/or added liquids, based on on-site 
records to the extent data are available, or engineering estimates.
    (7) The initial report must contain items in paragraph (l)(1) 
through (6) of this section per year for the most recent 365 days as 
well as for each of the previous 10 years, to the extent historical data 
are available in on-site records, and the report must be submitted no 
later than June 21, 2022.
    (8) Subsequent annual reports must contain items in paragraph (l)(1) 
through (6) of this section for the 365-day period following the 365-day 
period included in the previous annual report, and the report must be 
submitted no later than 365 days after the date the previous report was 
submitted.
    (9) Landfills in the closed landfill subcategory are exempt from 
reporting requirements contained in paragraphs (l)(1) through (7) of 
this section.
    (10) Landfills may cease annual reporting of items in paragraphs 
(l)(1) through (6) of this section once they have submitted the closure 
report in Sec.  62.16724(f).
    (m) Tier 4 notification. (1) The owner or operator of a designated 
facility with a design capacity equal to or greater than 2.5 million 
megagrams and 2.5 million cubic meters must provide a notification of 
the date(s) upon which it intends to demonstrate site-specific surface 
methane emissions are below 500 parts-per-million methane, based on the 
Tier 4 provisions of Sec.  62.16718(a)(6). The landfill must also 
include a description of the wind barrier to be used during the SEM in 
the notification. Notification must be postmarked not less than 30 days 
prior to such date.
    (2) If there is a delay to the scheduled Tier 4 SEM date due to 
weather conditions, including not meeting the wind requirements in Sec.  
62.16718(a)(6)(A), the owner or operator of a landfill shall notify the 
Administrator by email or telephone no later than 48 hours before any 
known delay in the original test date, and arrange an updated date with 
the Administrator by mutual agreement.
    (n) Notification of meeting Tier 4. The owner or operator of a 
designated facility must submit a notification to the EPA Regional 
office within 10 business days of completing each increment of progress. 
Each notification must indicate which increment of progress specified in 
Sec.  62.16712 has been achieved. The notification must be signed by the 
owner or operator of the landfill.
    (1) For the first increment of progress (submit control plan), you 
must follow paragraph (p) of this section in addition to submitting the 
notification described in paragraph (n) of this section. A copy of the 
design plan must also be kept on site at the landfill.
    (2) For the second increment of progress, a signed copy of the 
contract(s) awarded must be submitted in addition to the notification 
described in paragraph (n) of this section.
    (o) Notification of failing to meet an increment of progress. The 
owner or operator of a designated facility who fails to meet any 
increment of progress specified in Sec.  62.16712(a)(1) through (5) 
according to the applicable schedule in Sec.  62.16712 must submit 
notification that the owner or operator failed to meet the increment to 
the EPA Regional office within 10 business days of the applicable date 
in Sec.  62.16712.
    (p) Alternate dates for increments 2 and 3. The owner or operator 
(or the state or tribal air pollution control authority) that is 
submitting alternative

[[Page 637]]

dates for increments 2 and 3 according to Sec.  62.16712(d) must do so 
by the date specified for submitting the final control plan. The date 
for submitting the final control plan is specified in Sec.  62.16712(c), 
as applicable. The owner or operator (or the state or tribal air 
pollution control authority) must submit a justification if any of the 
alternative dates are later than the increment dates in table 1 of this 
subpart. In addition to submitting the alternative dates to the 
appropriate EPA Regional office, the owner or operator must also submit 
the alternative dates to the state or tribe.
    (q) 24-hour high temperature report. Each owner or operator that 
chooses to comply with the provisions in Sec. Sec.  63.1958, 63.1960, 
and 63.1961 of this chapter, as allowed in Sec. Sec.  62.16716, 
62.16720, and 62.16722, must submit the 24-hour high temperature report 
according to Sec.  63.1981(k) of this chapter.



Sec.  62.16726  Recordkeeping guidelines.

    Follow the recordkeeping provisions in this section.
    (a) Except as provided in Sec.  62.16724(d)(2), each owner or 
operator of an MSW landfill subject to the provisions of Sec.  
62.16714(e) must keep for at least 5 years up-to-date, readily 
accessible, on-site records of the design capacity report that triggered 
Sec.  62.16714(e), the current amount of solid waste in-place, and the 
year-by-year waste acceptance rate. Off-site records may be maintained 
if they are retrievable within 4 hours. Either paper copy or electronic 
formats are acceptable.
    (b) Except as provided in Sec.  62.16724(d)(2), each owner or 
operator of a controlled landfill must keep up-to-date, readily 
accessible records for the life of the control system equipment of the 
data listed in paragraphs (b)(1) through (5) of this section as measured 
during the initial performance test or compliance determination. Records 
of subsequent tests or monitoring must be maintained for a minimum of 5 
years. Records of the control device vendor specifications must be 
maintained until removal.
    (1) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  62.16714(b):
    (i) The maximum expected gas generation flow rate as calculated in 
Sec.  62.16720(a)(1). The owner or operator may use another method to 
determine the maximum gas generation flow rate, if the method has been 
approved by the Administrator.
    (ii) The density of wells, horizontal collectors, surface 
collectors, or other gas extraction devices determined using the 
procedures specified in Sec.  62.16728(a)(1).
    (2) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  62.16714(c) through 
use of an enclosed combustion device other than a boiler or process 
heater with a design heat input capacity equal to or greater than 44 
megawatts:
    (i) The average temperature measured at least every 15 minutes and 
averaged over the same time period of the performance test.
    (ii) The percent reduction of NMOC determined as specified in Sec.  
62.16714(c)(2) achieved by the control device.
    (3) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  62.16714(c)(2)(i) 
through use of a boiler or process heater of any size: A description of 
the location at which the collected gas vent stream is introduced into 
the boiler or process heater over the same time period of the 
performance testing.
    (4) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with Sec.  62.16714(c)(1) 
through use of a non-enclosed flare, the flare type (i.e., steam-
assisted, air-assisted, or non-assisted), all visible emission readings, 
heat content determination, flow rate or bypass flow rate measurements, 
and exit velocity determinations made during the performance test as 
specified in 40 CFR 60.18 of this chapter; and continuous records of the 
flare pilot flame or flare flame monitoring and records of all periods 
of operations during which the pilot flame or the flare flame is absent.
    (5) Where an owner or operator subject to the provisions of this 
subpart seeks to demonstrate compliance with

[[Page 638]]

Sec.  62.16714(c)(3) through use of a landfill gas treatment system:
    (i) Bypass records. Records of the flow of landfill gas to, and 
bypass of, the treatment system.
    (ii) Site-specific treatment monitoring plan. A site-specific 
treatment monitoring plan, to include:
    (A) Monitoring records of parameters that are identified in the 
treatment system monitoring plan and that ensure the treatment system is 
operating properly for each intended end use of the treated landfill 
gas. At a minimum, records should include records of filtration, de-
watering, and compression parameters that ensure the treatment system is 
operating properly for each intended end use of the treated landfill 
gas.
    (B) Monitoring methods, frequencies, and operating ranges for each 
monitored operating parameter based on manufacturer's recommendations or 
engineering analysis for each intended end use of the treated landfill 
gas.
    (C) Documentation of the monitoring methods and ranges, along with 
justification for their use.
    (D) Identify who is responsible (by job title) for data collection.
    (E) Processes and methods used to collect the necessary data.
    (F) Description of the procedures and methods that are used for 
quality assurance, maintenance, and repair of all continuous monitoring 
systems.
    (c) Except as provided in Sec.  62.16724(d)(2), each owner or 
operator of a controlled landfill subject to the provisions of this 
subpart must keep for 5 years up-to-date, readily accessible continuous 
records of the equipment operating parameters specified to be monitored 
in Sec.  62.16722 as well as up-to-date, readily accessible records for 
periods of operation during which the parameter boundaries established 
during the most recent performance test are exceeded.
    (1) The following constitute exceedances that must be recorded and 
reported under Sec.  62.16724:
    (i) For enclosed combustors except for boilers and process heaters 
with design heat input capacity of 44 megawatts (150 million British 
thermal unit per hour) or greater, all 3-hour periods of operation 
during which the average temperature was more than 28 degrees Celsius 
(82 degrees Fahrenheit) below the average combustion temperature during 
the most recent performance test at which compliance with Sec.  
62.16714(c) was determined.
    (ii) For boilers or process heaters, whenever there is a change in 
the location at which the vent stream is introduced into the flame zone 
as required under paragraph (b)(3) of this section.
    (2) Each owner or operator subject to the provisions of this subpart 
must keep up-to-date, readily accessible continuous records of the 
indication of flow to the control system and the indication of bypass 
flow or records of monthly inspections of car-seals or lock-and-key 
configurations used to seal bypass lines, specified under Sec.  
62.16722.
    (3) Each owner or operator subject to the provisions of this subpart 
who uses a boiler or process heater with a design heat input capacity of 
44 megawatts or greater to comply with Sec.  62.16714(c) must keep an 
up-to-date, readily accessible record of all periods of operation of the 
boiler or process heater. Examples of such records could include records 
of steam use, fuel use, or monitoring data collected pursuant to other 
state, local, tribal, or Federal regulatory requirements.
    (4) Each owner or operator seeking to comply with the provisions of 
this subpart by use of a non-enclosed flare must keep up-to-date, 
readily accessible continuous records of the flame or flare pilot flame 
monitoring specified under Sec.  62.16722(c), and up-to-date, readily 
accessible records of all periods of operation in which the flame or 
flare pilot flame is absent.
    (5) Each owner or operator of a landfill seeking to comply with 
Sec.  62.16714(e) using an active collection system designed in 
accordance with Sec.  62.16714(b) must keep records of periods when the 
collection system or control device is not operating.
    (d) Except as provided in Sec.  62.16724(d)(2), each owner or 
operator subject to the provisions of this subpart must keep for the 
life of the collection system an up-to-date, readily accessible plot map 
showing each existing and planned collector in the system and providing 
a unique identification

[[Page 639]]

location label on each collector that matches the labeling on the plot 
map.
    (1) Each owner or operator subject to the provisions of this subpart 
must keep up-to-date, readily accessible records of the installation 
date and location of all newly installed collectors as specified under 
Sec.  62.16720(b).
    (2) Each owner or operator subject to the provisions of this subpart 
must keep readily accessible documentation of the nature, date of 
deposition, amount, and location of asbestos-containing or nondegradable 
waste excluded from collection as provided in Sec.  62.16728(a)(3)(i) as 
well as any nonproductive areas excluded from collection as provided in 
Sec.  62.16728(a)(3)(ii).
    (e) Except as provided in Sec.  62.16724(d)(2), each owner or 
operator subject to the provisions of this subpart must keep for at 
least 5 years up-to-date, readily accessible records of the items in 
paragraphs (e)(1) through (5) of this section. Each owner or operator 
that chooses to comply with the provisions in Sec. Sec.  63.1958, 
63.1960, and 63.1961 of this chapter, as allowed in Sec. Sec.  62.16716, 
62.16720, and 62.16722, must keep the records in paragraph (e)(6) of 
this section and must keep records according to Sec.  63.1983(e)(1) 
through (5) of this chapter in lieu of paragraphs (e)(1) through (5) of 
this section.
    (1) All collection and control system exceedances of the operational 
standards in Sec.  62.16716, the reading in the subsequent month whether 
or not the second reading is an exceedance, and the location of each 
exceedance.
    (2) Each owner or operator subject to the provisions of this subpart 
must also keep records of each wellhead temperature monitoring value of 
55 degrees Celsius (131 degrees Fahrenheit) or above, each wellhead 
nitrogen level at or above 20 percent, and each wellhead oxygen level at 
or above 5 percent.
    (3) For any root cause analysis for which corrective actions are 
required in Sec.  62.16720(a)(3) or Sec.  62.16720(a)(4), keep a record 
of the root cause analysis conducted, including a description of the 
recommended corrective action(s) taken, and the date(s) the corrective 
action(s) were completed.
    (4) For any root cause analysis for which corrective actions are 
required in Sec.  62.16720(a)(3)(ii) or Sec.  62.16720(a)(4)(ii), keep a 
record of the root cause analysis conducted, the corrective action 
analysis, the date for corrective action(s) already completed following 
the positive pressure reading or high temperature reading, and, for 
action(s) not already completed, a schedule for implementation, 
including proposed commencement and completion dates.
    (5) For any root cause analysis for which corrective actions are 
required in Sec.  62.16720(a)(3)(iii) or Sec.  62.16720(a)(4)(iii), keep 
a record of the root cause analysis conducted, the corrective action 
analysis, the date for corrective action(s) already completed following 
the positive pressure reading or high temperature reading, for action(s) 
not already completed, a schedule for implementation, including proposed 
commencement and completion dates, and a copy of any comments or final 
approval on the corrective action analysis or schedule from the 
regulatory agency.
    (6) Each owner or operator that chooses to comply with the 
provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this chapter, 
as allowed in Sec. Sec.  62.16716, 62.16720, and 62.16722, must keep 
records of the date upon which the owner or operator started complying 
with the provisions in Sec. Sec.  63.1958, 63.1960, and 63.1961 of this 
chapter.
    (f) Landfill owners or operators who convert design capacity from 
volume to mass or mass to volume to demonstrate that landfill design 
capacity is less than 2.5 million megagrams or 2.5 million cubic meters, 
as provided in the definition of ``design capacity,'' must keep readily 
accessible, on-site records of the annual recalculation of site-specific 
density, design capacity, and the supporting documentation. Off-site 
records may be maintained if they are retrievable within 4 hours. Either 
paper copy or electronic formats are acceptable.
    (g) Landfill owners or operators seeking to demonstrate that site-
specific surface methane emissions are below 500 parts-per-million by 
conducting SEM under the Tier 4 procedures specified in Sec.  
62.16718(a)(6) must keep for at least 5 years up-to-date, readily 
accessible records of all SEM and information related to monitoring 
instrument calibrations conducted according to

[[Page 640]]

sections 8 and 10 of EPA Method 21 of appendix A-7 of 40 CFR part 60 of 
this chapter, including all of the following items:
    (1) Calibration records.
    (i) Date of calibration and initials of operator performing the 
calibration.
    (ii) Calibration gas cylinder identification, certification date, 
and certified concentration.
    (iii) Instrument scale(s) used.
    (iv) A description of any corrective action taken if the meter 
readout could not be adjusted to correspond to the calibration gas 
value.
    (v) If an owner or operator makes their own calibration gas, a 
description of the procedure used.
    (2) Digital photographs of the instrument setup. The photographs 
must be time and date-stamped and taken at the first sampling location 
prior to sampling and at the last sampling location after sampling at 
the end of each sampling day, for the duration of the Tier 4 monitoring 
demonstration.
    (3) Timestamp of each surface scan reading.
    (i) Timestamp should be detailed to the nearest second, based on 
when the sample collection begins.
    (ii) A log for the length of time each sample was taken using a 
stopwatch (e.g., the time the probe was held over the area).
    (4) Location of each surface scan reading. The owner or operator 
must determine the coordinates using an instrument with an accuracy of 
at least 4 meters. Coordinates must be in decimal degrees with at least 
five decimal places.
    (5) Monitored methane concentration (parts per million) of each 
reading.
    (6) Background methane concentration (parts per million) after each 
instrument calibration test.
    (7) Adjusted methane concentration using most recent calibration 
(parts-per-million).
    (8) For readings taken at each surface penetration, the unique 
identification location label matching the label specified in paragraph 
(d) of this section.
    (9) Records of the operating hours of the gas collection system for 
each destruction device.
    (h) Except as provided in Sec.  62.16724(d)(2), each owner or 
operator subject to the provisions of this subpart must keep for at 
least 5 years up-to-date, readily accessible records of all collection 
and control system monitoring data for parameters measured in Sec.  
62.16722(a)(1), (2), and (3).
    (i) Any records required to be maintained by this subpart that are 
submitted electronically via the EPA's CDX may be maintained in 
electronic format.
    (j) For each owner or operator reporting leachate or other liquids 
addition under Sec.  62.16724(l), keep records of any engineering 
calculations or company records used to estimate the quantities of 
leachate or liquids added, the surface areas for which the leachate or 
liquids were applied, and the estimates of annual waste acceptance or 
total waste in place in the areas where leachate or liquids were 
applied.



Sec.  62.16728  Specifications for active collection systems.

    Follow the specifications for active collection systems in this 
section.
    (a) Each owner or operator seeking to comply with Sec.  62.16714(b) 
must site active collection wells, horizontal collectors, surface 
collectors, or other extraction devices at a sufficient density 
throughout all gas producing areas using the following procedures unless 
alternative procedures have been approved by the Administrator.
    (1) The collection devices within the interior must be certified to 
achieve comprehensive control of surface gas emissions by a professional 
engineer. The following issues must be addressed in the design: Depths 
of refuse, refuse gas generation rates and flow characteristics, cover 
properties, gas system expandability, leachate and condensate 
management, accessibility, compatibility with filling operations, 
integration with closure end use, air intrusion control, corrosion 
resistance, fill settlement, resistance to the refuse decomposition 
heat, and ability to isolate individual components or sections for 
repair or troubleshooting without shutting down entire collection 
system.

[[Page 641]]

    (2) The sufficient density of gas collection devices determined in 
paragraph (a)(1) of this section must address landfill gas migration 
issues and augmentation of the collection system through the use of 
active or passive systems at the landfill perimeter or exterior.
    (3) The placement of gas collection devices determined in paragraph 
(a)(1) of this section must control all gas producing areas, except as 
provided by paragraphs (a)(3)(i) and (ii) of this section.
    (i) Any segregated area of asbestos or nondegradable material may be 
excluded from collection if documented as provided under Sec.  
62.16726(d). The documentation must provide the nature, date of 
deposition, location and amount of asbestos or nondegradable material 
deposited in the area, and must be provided to the Administrator upon 
request.
    (ii) Any nonproductive area of the landfill may be excluded from 
control, provided that the total of all excluded areas can be shown to 
contribute less than 1 percent of the total amount of NMOC emissions 
from the landfill. The amount, location, and age of the material must be 
documented and provided to the Administrator upon request. A separate 
NMOC emissions estimate must be made for each section proposed for 
exclusion, and the sum of all such sections must be compared to the NMOC 
emissions estimate for the entire landfill.
    (A) The NMOC emissions from each section proposed for exclusion must 
be computed using Equation 7:
[GRAPHIC] [TIFF OMITTED] TR21MY21.010

Where:

Qi = NMOC emission rate from the ith section, megagrams per 
          year.
k = Methane generation rate constant, year -\1\.
Lo = Methane generation potential, cubic meters per megagram 
          solid waste.
Mi = Mass of the degradable solid waste in the ith section, 
          megagram.
ti = Age of the solid waste in the ith section, years.
CNMOC = Concentration of NMOC, parts-per-million by volume.
3.6 x 10-\9\ = Conversion factor.

    (B) If the owner or operator is proposing to exclude, or cease gas 
collection and control from, nonproductive physically separated (e.g., 
separately lined) closed areas that already have gas collection systems, 
NMOC emissions from each physically separated closed area must be 
computed using either Equation 3 in Sec.  62.16718 or Equation 7 in 
paragraph (a)(3)(ii)(A) of this section.
    (iii) The values for k and CNMOC determined in field 
testing must be used if field testing has been performed in determining 
the NMOC emission rate or the radii of influence (the distance from the 
well center to a point in the landfill where the pressure gradient 
applied by the blower or compressor approaches zero). If field testing 
has not been performed, the default values for k, Lo, and 
CNMOC provided in Sec.  62.16718 or the alternative values 
from Sec.  62.16718 must be used. The mass of nondegradable solid waste 
contained within the given section may be subtracted from the total mass 
of the section when estimating emissions provided the nature, location, 
age, and amount of the nondegradable material is documented as provided 
in paragraph (a)(3)(i) of this section.
    (b) Each owner or operator seeking to comply with Sec.  62.16714(b) 
must construct the gas collection devices using the following equipment 
or procedures:
    (1) The landfill gas extraction components must be constructed of 
polyvinyl chloride (PVC), high density polyethylene (HDPE) pipe, 
fiberglass, stainless steel, or other nonporous corrosion resistant 
material of suitable dimensions to: Convey projected amounts of gases; 
withstand installation, static, and settlement forces; and withstand 
planned overburden or traffic loads. The collection system must extend 
as necessary to comply with emission and migration standards. Collection 
devices such as wells and horizontal collectors must be perforated to 
allow gas

[[Page 642]]

entry without head loss sufficient to impair performance across the 
intended extent of control. Perforations must be situated with regard to 
the need to prevent excessive air infiltration.
    (2) Vertical wells must be placed so as not to endanger underlying 
liners and must address the occurrence of water within the landfill. 
Holes and trenches constructed for piped wells and horizontal collectors 
must be of sufficient cross-section so as to allow for their proper 
construction and completion including, for example, centering of pipes 
and placement of gravel backfill. Collection devices must be designed so 
as not to allow indirect short circuiting of air into the cover or 
refuse into the collection system or gas into the air. Any gravel used 
around pipe perforations should be of a dimension so as not to penetrate 
or block perforations.
    (3) Collection devices may be connected to the collection header 
pipes below or above the landfill surface. The connector assembly must 
include a positive closing throttle valve, any necessary seals and 
couplings, access couplings and at least one sampling port. The 
collection devices must be constructed of PVC, HDPE, fiberglass, 
stainless steel, or other nonporous material of suitable thickness.
    (c) Each owner or operator seeking to comply with Sec.  62.16714(c) 
must convey the landfill gas to a control system in compliance with 
Sec.  62.16714(c) through the collection header pipe(s). The gas mover 
equipment must be sized to handle the maximum gas generation flow rate 
expected over the intended use period of the gas moving equipment using 
the following procedures:
    (1) For existing collection systems, the flow data must be used to 
project the maximum flow rate. If no flow data exist, the procedures in 
paragraph (c)(2) of this section must be used.
    (2) For new collection systems, the maximum flow rate must be in 
accordance with Sec.  62.16720(a)(1).



Sec.  62.16730  Definitions.

    Terms used but not defined in this subpart have the meaning given 
them in the Clean Air Act and in subparts A and B of 40 CFR part 60 of 
this chapter.
    Achieve final compliance means to connect and operate the collection 
and control system as specified in the final control plan. Within 180 
days after the date the landfill is required to achieve final 
compliance, the initial performance test must be conducted.
    Active collection system means a gas collection system that uses gas 
mover equipment.
    Active landfill means a landfill in which solid waste is being 
placed or a landfill that is planned to accept waste in the future.
    Administrator means:
    (1) For municipal solid waste landfills covered by the federal plan, 
the Administrator of the EPA or his/her authorized representative (e.g., 
delegated authority);
    (2) For municipal solid waste landfills covered by an approved state 
plan, the director of the state air pollution control agency or his/her 
authorized representative.
    Award contract means the MSW landfill owner or operator enters into 
legally binding agreements or contractual obligations that cannot be 
canceled or modified without substantial financial loss to the MSW 
landfill owner or operator. The MSW landfill owner or operator may award 
a number of contracts to install the collection and control system. To 
meet this increment of progress, the MSW landfill owner or operator must 
award a contract or contracts to initiate on-site construction or 
installation of the collection and control system.
    Closed landfill means a landfill in which solid waste is no longer 
being placed, and in which no additional solid wastes will be placed 
without first filing a notification of modification as prescribed under 
40 CFR 60.7(a)(4) of this chapter. Once a notification of modification 
has been filed, and additional solid waste is placed in the landfill, 
the landfill is no longer closed.
    Closed area means a separately lined area of an MSW landfill in 
which solid waste is no longer being placed. If additional solid waste 
is placed in that area of the landfill, that landfill area is no longer 
closed. The area must be separately lined to ensure that the landfill 
gas does not migrate between open and closed areas.

[[Page 643]]

    Closed landfill subcategory means a closed landfill that has 
submitted a closure report as specified in Sec.  62.16724(f) on or 
before September 27, 2017.
    Closure means that point in time when a landfill becomes a closed 
landfill.
    Commercial solid waste means all types of solid waste generated by 
stores, offices, restaurants, warehouses, and other nonmanufacturing 
activities, excluding residential and industrial wastes.
    Complete on-site construction means that all necessary collection 
system components and air pollution control devices identified in the 
final control plan are on site, in place, and ready for operation.
    Controlled landfill means any landfill at which collection and 
control systems are required under this subpart as a result of the NMOC 
emission rate. The landfill is considered controlled at the time a 
collection and control system design plan is prepared in compliance with 
Sec.  62.16714(e)(2). Controlled landfills also includes those landfills 
that meet the definition of legacy controlled landfills, as defined in 
this subpart.
    Corrective action analysis means a description of all reasonable 
interim and long-term measures, if any, that are available, and an 
explanation of why the selected corrective action(s) is/are the best 
alternative(s), including, but not limited to, considerations of cost 
effectiveness, technical feasibility, safety, and secondary impacts.
    Design capacity means the maximum amount of solid waste a landfill 
can accept, as indicated in terms of volume or mass in the most recent 
permit issued by the state, local, or tribal agency responsible for 
regulating the landfill, plus any in-place waste not accounted for in 
the most recent permit. If the owner or operator chooses to convert the 
design capacity from volume to mass or from mass to volume to 
demonstrate its design capacity is less than 2.5 million megagrams or 
2.5 million cubic meters, the calculation must include a site-specific 
density, which must be recalculated annually.
    Disposal facility means all contiguous land and structures, other 
appurtenances, and improvements on the land used for the disposal of 
solid waste.
    Emission rate cutoff means the threshold annual emission rate to 
which a landfill compares its estimated emission rate to determine if 
control under the regulation is required.
    Enclosed combustor means an enclosed firebox which maintains a 
relatively constant limited peak temperature generally using a limited 
supply of combustion air. An enclosed flare is considered an enclosed 
combustor.
    EPA approved state plan means a state plan that EPA has approved 
based on the requirements in 40 CFR part 60, subpart B or Ba to 
implement and enforce 40 CFR part 60, subpart Cf. An approved state plan 
becomes effective on the date specified in the document published in the 
Federal Register announcing EPA's approval.
    Flare means an open combustor without enclosure or shroud.
    Final control plan (Collection and control system design plan) means 
a plan that describes the collection and control system that will 
capture the gas generated within an MSW landfill. The collection and 
control system design plan must be prepared by a professional engineer 
and must describe a collection and control system that meets the 
requirements of Sec.  62.1614(b) and (c). The final control plan must 
contain engineering specifications and drawings of the collection and 
control system. The final control plan must include any alternatives to 
the operational standards, test methods, procedures, compliance 
measures, monitoring, recordkeeping, or reporting provisions of 
Sec. Sec.  62.16716 through 62.16726 proposed by the owner or operator. 
The final control plan must either conform with the specifications for 
active collection systems in Sec.  62.16728 or include a demonstration 
that shows that based on the size of the landfill and the amount of 
waste expected to be accepted, the system is sized properly to collect 
the gas, control emissions of NMOC to the required level and meet the 
operational standards for a landfill.
    Gas mover equipment means the equipment (i.e., fan, blower, 
compressor) used to transport landfill gas through the header system.

[[Page 644]]

    Gust means the highest instantaneous wind speed that occurs over a 
3-second running average.
    Indian Country means all land within the limits of any Indian 
reservation under the jurisdiction of the United States government, 
notwithstanding the issuance of any patent, and including rights-of-way 
running through the reservation; all dependent Indian communities within 
the borders of the United States whether within the original or 
subsequently acquired territory thereof, and whether within or without 
the limits of a state; and all Indian allotments, the Indian titles to 
which have not been extinguished, including rights-of-way running 
through the same.
    Initiate on-site construction means to begin any of the following: 
Installation of the collection and control system to be used to comply 
with the emission limits as outlined in the final control plan; physical 
preparation necessary for the installation of the collection and control 
system to be used to comply with the final emission limits as outlined 
in the final control plan; or, alteration of an existing collection and 
control system to be used to comply with the final emission limits as 
outlined in the final control plan.
    Household waste means any solid waste (including garbage, trash, and 
sanitary waste in septic tanks) derived from households (including, but 
not limited to, single and multiple residences, hotels and motels, 
bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, 
and day-use recreation areas). Household waste does not include fully 
segregated yard waste. Segregated yard waste means vegetative matter 
resulting exclusively from the cutting of grass, the pruning and/or 
removal of bushes, shrubs, and trees, the weeding of gardens, and other 
landscaping maintenance activities. Household waste does not include 
construction, renovation, or demolition wastes, even if originating from 
a household.
    Industrial solid waste means solid waste generated by manufacturing 
or industrial processes that is not a hazardous waste regulated under 
Subtitle C of the RCRA, parts 264 and 265 of this chapter. Such waste 
may include, but is not limited to, waste resulting from the following 
manufacturing processes: Electric power generation; fertilizer/
agricultural chemicals; food and related products/by-products; inorganic 
chemicals; iron and steel manufacturing; leather and leather products; 
nonferrous metals manufacturing/foundries; organic chemicals; plastics 
and resins manufacturing; pulp and paper industry; rubber and 
miscellaneous plastic products; stone, glass, clay, and concrete 
products; textile manufacturing; transportation equipment; and water 
treatment. This term does not include mining waste or oil and gas waste.
    Interior well means any well or similar collection component located 
inside the perimeter of the landfill waste. A perimeter well located 
outside the landfilled waste is not an interior well.
    Landfill means an area of land or an excavation in which wastes are 
placed for permanent disposal, and that is not a land application unit, 
surface impoundment, injection well, or waste pile as those terms are 
defined under Sec.  257.2 of this title.
    Lateral expansion means a horizontal expansion of the waste 
boundaries of an existing MSW landfill. A lateral expansion is not a 
modification unless it results in an increase in the design capacity of 
the landfill.
    Leachate recirculation means the practice of taking the leachate 
collected from the landfill and reapplying it to the landfill by any of 
one of a variety of methods, including pre-wetting of the waste, direct 
discharge into the working face, spraying, infiltration ponds, vertical 
injection wells, horizontal gravity distribution systems, and pressure 
distribution systems.
    Legacy controlled landfill means any MSW landfill subject to this 
subpart that submitted a collection and control system design plan prior 
to May 21, 2021 in compliance with Sec.  60.752(b)(2)(i) of this 
chapter, the Federal plan at subpart GGG of this part, or a state/tribal 
plan implementing 40 CFR part 60, subpart Cc of this chapter, depending 
on which regulation was applicable to the landfill. This definition 
applies to those landfills that completed construction and began 
operations of the GCCS and those that are within the 30-

[[Page 645]]

month timeline for installation and start-up of a GCCS according to 
Sec.  60.752(b)(2)(ii) of this chapter, the Federal plan at subpart GGG 
of this part, or a state/tribal plan implementing 40 CFR part 60, 
subpart Cc.
    Modification means an increase in the permitted volume design 
capacity of the landfill by either lateral or vertical expansion based 
on its permitted design capacity as of July 17, 2014. Modification does 
not occur until the owner or operator commences construction on the 
lateral or vertical expansion.
    Municipal solid waste landfill or MSW landfill means an entire 
disposal facility in a contiguous geographical space where household 
waste is placed in or on land. An MSW landfill may also receive other 
types of RCRA, Subtitle D wastes (Sec.  257.2 of this title) such as 
commercial solid waste, nonhazardous sludge, conditionally exempt small 
quantity generator waste, and industrial solid waste. Portions of an MSW 
landfill may be separated by access roads. An MSW landfill may be 
publicly or privately owned. An MSW landfill may be a new MSW landfill, 
an existing MSW landfill, or a lateral expansion.
    Municipal solid waste landfill emissions or MSW landfill emissions 
means gas generated by the decomposition of organic waste deposited in 
an MSW landfill or derived from the evolution of organic compounds in 
the waste.
    NMOC means nonmethane organic compounds, as measured according to 
the provisions of Sec.  62.16718.
    Negative declaration letter means a letter to EPA declaring that 
there are no existing MSW landfills in the state or that there are no 
existing MSW landfills in the state that must install collection and 
control systems according to the requirements of 40 CFR part 60, subpart 
Cf.
    Nondegradable waste means any waste that does not decompose through 
chemical breakdown or microbiological activity. Examples are, but are 
not limited to, concrete, municipal waste combustor ash, and metals.
    Passive collection system means a gas collection system that solely 
uses positive pressure within the landfill to move the gas rather than 
using gas mover equipment.
    Protectorate means American Samoa, the Commonwealth of Puerto Rico, 
the District of Columbia, Guam, the Northern Mariana Islands, and the 
Virgin Islands.
    Root cause analysis means an assessment conducted through a process 
of investigation to determine the primary cause, and any other 
contributing causes, of positive pressure at a wellhead.
    Sludge means the term sludge as defined in 40 CFR 258.2.
    Solid waste means the term solid waste as defined in 40 CFR 258.2.
    State means any of the 50 United States and the protectorates of the 
United States.
    State plan means a plan submitted pursuant to section 111(d) of the 
Clean Air Act and subpart B of part 60 of this chapter that implements 
and enforces subpart Cf of 40 CFR part 60 of this chapter.
    Sufficient density means any number, spacing, and combination of 
collection system components, including vertical wells, horizontal 
collectors, and surface collectors necessary to maintain emission and 
migration control as determined by measures of performance set forth in 
this part.
    Sufficient extraction rate means a rate sufficient to maintain a 
negative pressure at all wellheads in the collection system without 
causing air infiltration, including any wellheads connected to the 
system as a result of expansion or excess surface emissions, for the 
life of the blower.
    Treated landfill gas means landfill gas processed in a treatment 
system as defined in this subpart.
    Treatment system means a system that filters, de-waters, and 
compresses landfill gas for sale or beneficial use.
    Tribal plan means a plan submitted by a Tribal Authority pursuant to 
40 CFR parts 9, 35, 49, 50, and 81 that implements and enforces 40 CFR 
part 60, subpart Cf.
    Untreated landfill gas means any landfill gas that is not treated 
landfill gas.

[[Page 646]]



            Table 1 to Subpart OOO of Part 62--Generic Compliance Schedule and Increments of Progress
----------------------------------------------------------------------------------------------------------------
                                        Date if using tiers 1,                               Date if a legacy
              Increment                        2, or 3            Date if using tier 4     controlled landfill
----------------------------------------------------------------------------------------------------------------
Increment 1--Submit cover page of      1 year after initial     1 year after the first   1 year after the first
 final control plan.                    NMOC emission rate       measured concentration   NMOC emission rate
                                        report or the first      of methane of 500        report or the first
                                        annual emission rate     parts per million or     annual emission rate
                                        report showing NMOC      greater from the         report showing NMOC
                                        emissions =34 megagrams per     landfill.                eq>=50 megagrams per
                                        year.\1\.                                         year submitted under a
                                                                                          previous
                                                                                          regulation.\2\
Increment 2--Award Contracts.........  20 months after initial  20 months after the      20 months after the
                                        NMOC emission rate       most recent NMOC         most recent NMOC
                                        report or the first      emission rate report     emission rate report
                                        annual emission rate     showing NMOC emissions   showing NMOC emissions
                                        report showing NMOC      =34           =50
                                        emissions =34 megagrams per                              submitted under a
                                        year.\1\.                                         previous
                                                                                          regulation.\2\
Increment 3--Begin on-site             24 months after initial  24 months after the      24 months after the
 construction.                          NMOC emission rate       most recent NMOC         most recent NMOC
                                        report or the first      emission rate report     emission rate report
                                        annual emission rate     showing NMOC emissions   showing NMOC emissions
                                        report showing NMOC      =34           =50
                                        emissions =34 megagrams per                              submitted under a
                                        year.\1\.                                         previous
                                                                                          regulation.\2\
Increment 4--Complete on-site          30 months after initial  30 months after the      30 months after the
 construction.                          NMOC emission rate       most recent NMOC         first NMOC emission
                                        report or the first      emission rate report     rate report or the
                                        annual emission rate     showing NMOC emissions   first annual emission
                                        report showing NMOC      =34           rate report showing
                                        emissions =34 megagrams per                              eq>=50 megagrams
                                        year.\1\.                                         submitted under a
                                                                                          previous regulation.
Increment 5--Final compliance........  30 months after initial  30 months after the      30 months after the
                                        NMOC emission rate       most recent NMOC         first NMOC emission
                                        report or the first      emission rate report     rate report or the
                                        annual emission rate     showing NMOC emissions   first annual emission
                                        report showing NMOC      =34           rate report showing
                                        emissions =34 megagrams per                              eq>=50 megagrams
                                        year.\1\.                                         submitted under a
                                                                                          previous
                                                                                          regulation.\2\
----------------------------------------------------------------------------------------------------------------
\1\ 50 megagrams per year NMOC for the closed landfill subcategory.
\2\ Previous regulation refers to 40 CFR part 60, subpart WWW; 40 CFR part 62, subpart GGG; or a state plan
  implementing 40 CFR part 60, subpart Cc. Increments of progress that have already been completed under
  previous regulations do not have to be completed again under this subpart.


[86 FR 27770, May 21, 2021, as amended at 87 FR 8203, Feb. 14, 2022]

[[Page 647]]



                              FINDING AIDS




  --------------------------------------------------------------------

  A list of CFR titles, subtitles, chapters, subchapters and parts and 
an alphabetical list of agencies publishing in the CFR are included in 
the CFR Index and Finding Aids volume to the Code of Federal Regulations 
which is published separately and revised annually.

  Table of CFR Titles and Chapters
  Alphabetical List of Agencies Appearing in the CFR
  List of CFR Sections Affected

[[Page 649]]



                    Table of CFR Titles and Chapters




                      (Revised as of July 1, 2022)

                      Title 1--General Provisions

         I  Administrative Committee of the Federal Register 
                (Parts 1--49)
        II  Office of the Federal Register (Parts 50--299)
       III  Administrative Conference of the United States (Parts 
                300--399)
        IV  Miscellaneous Agencies (Parts 400--599)
        VI  National Capital Planning Commission (Parts 600--699)

                    Title 2--Grants and Agreements

            Subtitle A--Office of Management and Budget Guidance 
                for Grants and Agreements
         I  Office of Management and Budget Governmentwide 
                Guidance for Grants and Agreements (Parts 2--199)
        II  Office of Management and Budget Guidance (Parts 200--
                299)
            Subtitle B--Federal Agency Regulations for Grants and 
                Agreements
       III  Department of Health and Human Services (Parts 300--
                399)
        IV  Department of Agriculture (Parts 400--499)
        VI  Department of State (Parts 600--699)
       VII  Agency for International Development (Parts 700--799)
      VIII  Department of Veterans Affairs (Parts 800--899)
        IX  Department of Energy (Parts 900--999)
         X  Department of the Treasury (Parts 1000--1099)
        XI  Department of Defense (Parts 1100--1199)
       XII  Department of Transportation (Parts 1200--1299)
      XIII  Department of Commerce (Parts 1300--1399)
       XIV  Department of the Interior (Parts 1400--1499)
        XV  Environmental Protection Agency (Parts 1500--1599)
     XVIII  National Aeronautics and Space Administration (Parts 
                1800--1899)
        XX  United States Nuclear Regulatory Commission (Parts 
                2000--2099)
      XXII  Corporation for National and Community Service (Parts 
                2200--2299)
     XXIII  Social Security Administration (Parts 2300--2399)
      XXIV  Department of Housing and Urban Development (Parts 
                2400--2499)
       XXV  National Science Foundation (Parts 2500--2599)
      XXVI  National Archives and Records Administration (Parts 
                2600--2699)

[[Page 650]]

     XXVII  Small Business Administration (Parts 2700--2799)
    XXVIII  Department of Justice (Parts 2800--2899)
      XXIX  Department of Labor (Parts 2900--2999)
       XXX  Department of Homeland Security (Parts 3000--3099)
      XXXI  Institute of Museum and Library Services (Parts 3100--
                3199)
     XXXII  National Endowment for the Arts (Parts 3200--3299)
    XXXIII  National Endowment for the Humanities (Parts 3300--
                3399)
     XXXIV  Department of Education (Parts 3400--3499)
      XXXV  Export-Import Bank of the United States (Parts 3500--
                3599)
     XXXVI  Office of National Drug Control Policy, Executive 
                Office of the President (Parts 3600--3699)
    XXXVII  Peace Corps (Parts 3700--3799)
     LVIII  Election Assistance Commission (Parts 5800--5899)
       LIX  Gulf Coast Ecosystem Restoration Council (Parts 5900--
                5999)

                        Title 3--The President

         I  Executive Office of the President (Parts 100--199)

                           Title 4--Accounts

         I  Government Accountability Office (Parts 1--199)

                   Title 5--Administrative Personnel

         I  Office of Personnel Management (Parts 1--1199)
        II  Merit Systems Protection Board (Parts 1200--1299)
       III  Office of Management and Budget (Parts 1300--1399)
        IV  Office of Personnel Management and Office of the 
                Director of National Intelligence (Parts 1400--
                1499)
         V  The International Organizations Employees Loyalty 
                Board (Parts 1500--1599)
        VI  Federal Retirement Thrift Investment Board (Parts 
                1600--1699)
      VIII  Office of Special Counsel (Parts 1800--1899)
        IX  Appalachian Regional Commission (Parts 1900--1999)
        XI  Armed Forces Retirement Home (Parts 2100--2199)
       XIV  Federal Labor Relations Authority, General Counsel of 
                the Federal Labor Relations Authority and Federal 
                Service Impasses Panel (Parts 2400--2499)
       XVI  Office of Government Ethics (Parts 2600--2699)
       XXI  Department of the Treasury (Parts 3100--3199)
      XXII  Federal Deposit Insurance Corporation (Parts 3200--
                3299)
     XXIII  Department of Energy (Parts 3300--3399)
      XXIV  Federal Energy Regulatory Commission (Parts 3400--
                3499)
       XXV  Department of the Interior (Parts 3500--3599)
      XXVI  Department of Defense (Parts 3600--3699)

[[Page 651]]

    XXVIII  Department of Justice (Parts 3800--3899)
      XXIX  Federal Communications Commission (Parts 3900--3999)
       XXX  Farm Credit System Insurance Corporation (Parts 4000--
                4099)
      XXXI  Farm Credit Administration (Parts 4100--4199)
    XXXIII  U.S. International Development Finance Corporation 
                (Parts 4300--4399)
     XXXIV  Securities and Exchange Commission (Parts 4400--4499)
      XXXV  Office of Personnel Management (Parts 4500--4599)
     XXXVI  Department of Homeland Security (Parts 4600--4699)
    XXXVII  Federal Election Commission (Parts 4700--4799)
        XL  Interstate Commerce Commission (Parts 5000--5099)
       XLI  Commodity Futures Trading Commission (Parts 5100--
                5199)
      XLII  Department of Labor (Parts 5200--5299)
     XLIII  National Science Foundation (Parts 5300--5399)
       XLV  Department of Health and Human Services (Parts 5500--
                5599)
      XLVI  Postal Rate Commission (Parts 5600--5699)
     XLVII  Federal Trade Commission (Parts 5700--5799)
    XLVIII  Nuclear Regulatory Commission (Parts 5800--5899)
      XLIX  Federal Labor Relations Authority (Parts 5900--5999)
         L  Department of Transportation (Parts 6000--6099)
       LII  Export-Import Bank of the United States (Parts 6200--
                6299)
      LIII  Department of Education (Parts 6300--6399)
       LIV  Environmental Protection Agency (Parts 6400--6499)
        LV  National Endowment for the Arts (Parts 6500--6599)
       LVI  National Endowment for the Humanities (Parts 6600--
                6699)
      LVII  General Services Administration (Parts 6700--6799)
     LVIII  Board of Governors of the Federal Reserve System 
                (Parts 6800--6899)
       LIX  National Aeronautics and Space Administration (Parts 
                6900--6999)
        LX  United States Postal Service (Parts 7000--7099)
       LXI  National Labor Relations Board (Parts 7100--7199)
      LXII  Equal Employment Opportunity Commission (Parts 7200--
                7299)
     LXIII  Inter-American Foundation (Parts 7300--7399)
      LXIV  Merit Systems Protection Board (Parts 7400--7499)
       LXV  Department of Housing and Urban Development (Parts 
                7500--7599)
      LXVI  National Archives and Records Administration (Parts 
                7600--7699)
     LXVII  Institute of Museum and Library Services (Parts 7700--
                7799)
    LXVIII  Commission on Civil Rights (Parts 7800--7899)
      LXIX  Tennessee Valley Authority (Parts 7900--7999)
       LXX  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 8000--8099)
      LXXI  Consumer Product Safety Commission (Parts 8100--8199)
    LXXIII  Department of Agriculture (Parts 8300--8399)

[[Page 652]]

     LXXIV  Federal Mine Safety and Health Review Commission 
                (Parts 8400--8499)
     LXXVI  Federal Retirement Thrift Investment Board (Parts 
                8600--8699)
    LXXVII  Office of Management and Budget (Parts 8700--8799)
      LXXX  Federal Housing Finance Agency (Parts 9000--9099)
   LXXXIII  Special Inspector General for Afghanistan 
                Reconstruction (Parts 9300--9399)
    LXXXIV  Bureau of Consumer Financial Protection (Parts 9400--
                9499)
    LXXXVI  National Credit Union Administration (Parts 9600--
                9699)
     XCVII  Department of Homeland Security Human Resources 
                Management System (Department of Homeland 
                Security--Office of Personnel Management) (Parts 
                9700--9799)
    XCVIII  Council of the Inspectors General on Integrity and 
                Efficiency (Parts 9800--9899)
      XCIX  Military Compensation and Retirement Modernization 
                Commission (Parts 9900--9999)
         C  National Council on Disability (Parts 10000--10049)
        CI  National Mediation Board (Parts 10100--10199)
       CII  U.S. Office of Special Counsel (Parts 10200--10299)

                      Title 6--Domestic Security

         I  Department of Homeland Security, Office of the 
                Secretary (Parts 1--199)
         X  Privacy and Civil Liberties Oversight Board (Parts 
                1000--1099)

                         Title 7--Agriculture

            Subtitle A--Office of the Secretary of Agriculture 
                (Parts 0--26)
            Subtitle B--Regulations of the Department of 
                Agriculture
         I  Agricultural Marketing Service (Standards, 
                Inspections, Marketing Practices), Department of 
                Agriculture (Parts 27--209)
        II  Food and Nutrition Service, Department of Agriculture 
                (Parts 210--299)
       III  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 300--399)
        IV  Federal Crop Insurance Corporation, Department of 
                Agriculture (Parts 400--499)
         V  Agricultural Research Service, Department of 
                Agriculture (Parts 500--599)
        VI  Natural Resources Conservation Service, Department of 
                Agriculture (Parts 600--699)
       VII  Farm Service Agency, Department of Agriculture (Parts 
                700--799)
      VIII  Agricultural Marketing Service (Federal Grain 
                Inspection Service, Fair Trade Practices Program), 
                Department of Agriculture (Parts 800--899)

[[Page 653]]

        IX  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Fruits, Vegetables, Nuts), Department 
                of Agriculture (Parts 900--999)
         X  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Milk), Department of Agriculture 
                (Parts 1000--1199)
        XI  Agricultural Marketing Service (Marketing Agreements 
                and Orders; Miscellaneous Commodities), Department 
                of Agriculture (Parts 1200--1299)
       XIV  Commodity Credit Corporation, Department of 
                Agriculture (Parts 1400--1499)
        XV  Foreign Agricultural Service, Department of 
                Agriculture (Parts 1500--1599)
       XVI  [Reserved]
      XVII  Rural Utilities Service, Department of Agriculture 
                (Parts 1700--1799)
     XVIII  Rural Housing Service, Rural Business-Cooperative 
                Service, Rural Utilities Service, and Farm Service 
                Agency, Department of Agriculture (Parts 1800--
                2099)
        XX  [Reserved]
       XXV  Office of Advocacy and Outreach, Department of 
                Agriculture (Parts 2500--2599)
      XXVI  Office of Inspector General, Department of Agriculture 
                (Parts 2600--2699)
     XXVII  Office of Information Resources Management, Department 
                of Agriculture (Parts 2700--2799)
    XXVIII  Office of Operations, Department of Agriculture (Parts 
                2800--2899)
      XXIX  Office of Energy Policy and New Uses, Department of 
                Agriculture (Parts 2900--2999)
       XXX  Office of the Chief Financial Officer, Department of 
                Agriculture (Parts 3000--3099)
      XXXI  Office of Environmental Quality, Department of 
                Agriculture (Parts 3100--3199)
     XXXII  Office of Procurement and Property Management, 
                Department of Agriculture (Parts 3200--3299)
    XXXIII  Office of Transportation, Department of Agriculture 
                (Parts 3300--3399)
     XXXIV  National Institute of Food and Agriculture (Parts 
                3400--3499)
      XXXV  Rural Housing Service, Department of Agriculture 
                (Parts 3500--3599)
     XXXVI  National Agricultural Statistics Service, Department 
                of Agriculture (Parts 3600--3699)
    XXXVII  Economic Research Service, Department of Agriculture 
                (Parts 3700--3799)
   XXXVIII  World Agricultural Outlook Board, Department of 
                Agriculture (Parts 3800--3899)
       XLI  [Reserved]
      XLII  Rural Business-Cooperative Service and Rural Utilities 
                Service, Department of Agriculture (Parts 4200--
                4299)

[[Page 654]]

         L  Rural Business-Cooperative Service, and Rural 
                Utilities Service, Department of Agriculture 
                (Parts 5000--5099)

                    Title 8--Aliens and Nationality

         I  Department of Homeland Security (Parts 1--499)
         V  Executive Office for Immigration Review, Department of 
                Justice (Parts 1000--1399)

                 Title 9--Animals and Animal Products

         I  Animal and Plant Health Inspection Service, Department 
                of Agriculture (Parts 1--199)
        II  Agricultural Marketing Service (Fair Trade Practices 
                Program), Department of Agriculture (Parts 200--
                299)
       III  Food Safety and Inspection Service, Department of 
                Agriculture (Parts 300--599)

                           Title 10--Energy

         I  Nuclear Regulatory Commission (Parts 0--199)
        II  Department of Energy (Parts 200--699)
       III  Department of Energy (Parts 700--999)
         X  Department of Energy (General Provisions) (Parts 
                1000--1099)
      XIII  Nuclear Waste Technical Review Board (Parts 1300--
                1399)
      XVII  Defense Nuclear Facilities Safety Board (Parts 1700--
                1799)
     XVIII  Northeast Interstate Low-Level Radioactive Waste 
                Commission (Parts 1800--1899)

                      Title 11--Federal Elections

         I  Federal Election Commission (Parts 1--9099)
        II  Election Assistance Commission (Parts 9400--9499)

                      Title 12--Banks and Banking

         I  Comptroller of the Currency, Department of the 
                Treasury (Parts 1--199)
        II  Federal Reserve System (Parts 200--299)
       III  Federal Deposit Insurance Corporation (Parts 300--399)
        IV  Export-Import Bank of the United States (Parts 400--
                499)
         V  [Reserved]
        VI  Farm Credit Administration (Parts 600--699)
       VII  National Credit Union Administration (Parts 700--799)
      VIII  Federal Financing Bank (Parts 800--899)
        IX  (Parts 900--999) [Reserved]
         X  Bureau of Consumer Financial Protection (Parts 1000--
                1099)

[[Page 655]]

        XI  Federal Financial Institutions Examination Council 
                (Parts 1100--1199)
       XII  Federal Housing Finance Agency (Parts 1200--1299)
      XIII  Financial Stability Oversight Council (Parts 1300--
                1399)
       XIV  Farm Credit System Insurance Corporation (Parts 1400--
                1499)
        XV  Department of the Treasury (Parts 1500--1599)
       XVI  Office of Financial Research, Department of the 
                Treasury (Parts 1600--1699)
      XVII  Office of Federal Housing Enterprise Oversight, 
                Department of Housing and Urban Development (Parts 
                1700--1799)
     XVIII  Community Development Financial Institutions Fund, 
                Department of the Treasury (Parts 1800--1899)

               Title 13--Business Credit and Assistance

         I  Small Business Administration (Parts 1--199)
       III  Economic Development Administration, Department of 
                Commerce (Parts 300--399)
        IV  Emergency Steel Guarantee Loan Board (Parts 400--499)
         V  Emergency Oil and Gas Guaranteed Loan Board (Parts 
                500--599)

                    Title 14--Aeronautics and Space

         I  Federal Aviation Administration, Department of 
                Transportation (Parts 1--199)
        II  Office of the Secretary, Department of Transportation 
                (Aviation Proceedings) (Parts 200--399)
       III  Commercial Space Transportation, Federal Aviation 
                Administration, Department of Transportation 
                (Parts 400--1199)
         V  National Aeronautics and Space Administration (Parts 
                1200--1299)
        VI  Air Transportation System Stabilization (Parts 1300--
                1399)

                 Title 15--Commerce and Foreign Trade

            Subtitle A--Office of the Secretary of Commerce (Parts 
                0--29)
            Subtitle B--Regulations Relating to Commerce and 
                Foreign Trade
         I  Bureau of the Census, Department of Commerce (Parts 
                30--199)
        II  National Institute of Standards and Technology, 
                Department of Commerce (Parts 200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  Foreign-Trade Zones Board, Department of Commerce 
                (Parts 400--499)
       VII  Bureau of Industry and Security, Department of 
                Commerce (Parts 700--799)

[[Page 656]]

      VIII  Bureau of Economic Analysis, Department of Commerce 
                (Parts 800--899)
        IX  National Oceanic and Atmospheric Administration, 
                Department of Commerce (Parts 900--999)
        XI  National Technical Information Service, Department of 
                Commerce (Parts 1100--1199)
      XIII  East-West Foreign Trade Board (Parts 1300--1399)
       XIV  Minority Business Development Agency (Parts 1400--
                1499)
        XV  Office of the Under-Secretary for Economic Affairs, 
                Department of Commerce (Parts 1500--1599)
            Subtitle C--Regulations Relating to Foreign Trade 
                Agreements
        XX  Office of the United States Trade Representative 
                (Parts 2000--2099)
            Subtitle D--Regulations Relating to Telecommunications 
                and Information
     XXIII  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                2300--2399) [Reserved]

                    Title 16--Commercial Practices

         I  Federal Trade Commission (Parts 0--999)
        II  Consumer Product Safety Commission (Parts 1000--1799)

             Title 17--Commodity and Securities Exchanges

         I  Commodity Futures Trading Commission (Parts 1--199)
        II  Securities and Exchange Commission (Parts 200--399)
        IV  Department of the Treasury (Parts 400--499)

          Title 18--Conservation of Power and Water Resources

         I  Federal Energy Regulatory Commission, Department of 
                Energy (Parts 1--399)
       III  Delaware River Basin Commission (Parts 400--499)
        VI  Water Resources Council (Parts 700--799)
      VIII  Susquehanna River Basin Commission (Parts 800--899)
      XIII  Tennessee Valley Authority (Parts 1300--1399)

                       Title 19--Customs Duties

         I  U.S. Customs and Border Protection, Department of 
                Homeland Security; Department of the Treasury 
                (Parts 0--199)
        II  United States International Trade Commission (Parts 
                200--299)
       III  International Trade Administration, Department of 
                Commerce (Parts 300--399)
        IV  U.S. Immigration and Customs Enforcement, Department 
                of Homeland Security (Parts 400--599) [Reserved]

[[Page 657]]

                     Title 20--Employees' Benefits

         I  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 1--199)
        II  Railroad Retirement Board (Parts 200--399)
       III  Social Security Administration (Parts 400--499)
        IV  Employees' Compensation Appeals Board, Department of 
                Labor (Parts 500--599)
         V  Employment and Training Administration, Department of 
                Labor (Parts 600--699)
        VI  Office of Workers' Compensation Programs, Department 
                of Labor (Parts 700--799)
       VII  Benefits Review Board, Department of Labor (Parts 
                800--899)
      VIII  Joint Board for the Enrollment of Actuaries (Parts 
                900--999)
        IX  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 1000--1099)

                       Title 21--Food and Drugs

         I  Food and Drug Administration, Department of Health and 
                Human Services (Parts 1--1299)
        II  Drug Enforcement Administration, Department of Justice 
                (Parts 1300--1399)
       III  Office of National Drug Control Policy (Parts 1400--
                1499)

                      Title 22--Foreign Relations

         I  Department of State (Parts 1--199)
        II  Agency for International Development (Parts 200--299)
       III  Peace Corps (Parts 300--399)
        IV  International Joint Commission, United States and 
                Canada (Parts 400--499)
         V  United States Agency for Global Media (Parts 500--599)
       VII  U.S. International Development Finance Corporation 
                (Parts 700--799)
        IX  Foreign Service Grievance Board (Parts 900--999)
         X  Inter-American Foundation (Parts 1000--1099)
        XI  International Boundary and Water Commission, United 
                States and Mexico, United States Section (Parts 
                1100--1199)
       XII  United States International Development Cooperation 
                Agency (Parts 1200--1299)
      XIII  Millennium Challenge Corporation (Parts 1300--1399)
       XIV  Foreign Service Labor Relations Board; Federal Labor 
                Relations Authority; General Counsel of the 
                Federal Labor Relations Authority; and the Foreign 
                Service Impasse Disputes Panel (Parts 1400--1499)
        XV  African Development Foundation (Parts 1500--1599)
       XVI  Japan-United States Friendship Commission (Parts 
                1600--1699)
      XVII  United States Institute of Peace (Parts 1700--1799)

[[Page 658]]

                          Title 23--Highways

         I  Federal Highway Administration, Department of 
                Transportation (Parts 1--999)
        II  National Highway Traffic Safety Administration and 
                Federal Highway Administration, Department of 
                Transportation (Parts 1200--1299)
       III  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 1300--1399)

                Title 24--Housing and Urban Development

            Subtitle A--Office of the Secretary, Department of 
                Housing and Urban Development (Parts 0--99)
            Subtitle B--Regulations Relating to Housing and Urban 
                Development
         I  Office of Assistant Secretary for Equal Opportunity, 
                Department of Housing and Urban Development (Parts 
                100--199)
        II  Office of Assistant Secretary for Housing-Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 200--299)
       III  Government National Mortgage Association, Department 
                of Housing and Urban Development (Parts 300--399)
        IV  Office of Housing and Office of Multifamily Housing 
                Assistance Restructuring, Department of Housing 
                and Urban Development (Parts 400--499)
         V  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 500--599)
        VI  Office of Assistant Secretary for Community Planning 
                and Development, Department of Housing and Urban 
                Development (Parts 600--699) [Reserved]
       VII  Office of the Secretary, Department of Housing and 
                Urban Development (Housing Assistance Programs and 
                Public and Indian Housing Programs) (Parts 700--
                799)
      VIII  Office of the Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Section 8 Housing Assistance 
                Programs, Section 202 Direct Loan Program, Section 
                202 Supportive Housing for the Elderly Program and 
                Section 811 Supportive Housing for Persons With 
                Disabilities Program) (Parts 800--899)
        IX  Office of Assistant Secretary for Public and Indian 
                Housing, Department of Housing and Urban 
                Development (Parts 900--1699)
         X  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Interstate Land Sales 
                Registration Program) (Parts 1700--1799) 
                [Reserved]
       XII  Office of Inspector General, Department of Housing and 
                Urban Development (Parts 2000--2099)
        XV  Emergency Mortgage Insurance and Loan Programs, 
                Department of Housing and Urban Development (Parts 
                2700--2799) [Reserved]

[[Page 659]]

        XX  Office of Assistant Secretary for Housing--Federal 
                Housing Commissioner, Department of Housing and 
                Urban Development (Parts 3200--3899)
      XXIV  Board of Directors of the HOPE for Homeowners Program 
                (Parts 4000--4099) [Reserved]
       XXV  Neighborhood Reinvestment Corporation (Parts 4100--
                4199)

                           Title 25--Indians

         I  Bureau of Indian Affairs, Department of the Interior 
                (Parts 1--299)
        II  Indian Arts and Crafts Board, Department of the 
                Interior (Parts 300--399)
       III  National Indian Gaming Commission, Department of the 
                Interior (Parts 500--599)
        IV  Office of Navajo and Hopi Indian Relocation (Parts 
                700--899)
         V  Bureau of Indian Affairs, Department of the Interior, 
                and Indian Health Service, Department of Health 
                and Human Services (Part 900--999)
        VI  Office of the Assistant Secretary, Indian Affairs, 
                Department of the Interior (Parts 1000--1199)
       VII  Office of the Special Trustee for American Indians, 
                Department of the Interior (Parts 1200--1299)

                      Title 26--Internal Revenue

         I  Internal Revenue Service, Department of the Treasury 
                (Parts 1--End)

           Title 27--Alcohol, Tobacco Products and Firearms

         I  Alcohol and Tobacco Tax and Trade Bureau, Department 
                of the Treasury (Parts 1--399)
        II  Bureau of Alcohol, Tobacco, Firearms, and Explosives, 
                Department of Justice (Parts 400--799)

                   Title 28--Judicial Administration

         I  Department of Justice (Parts 0--299)
       III  Federal Prison Industries, Inc., Department of Justice 
                (Parts 300--399)
         V  Bureau of Prisons, Department of Justice (Parts 500--
                599)
        VI  Offices of Independent Counsel, Department of Justice 
                (Parts 600--699)
       VII  Office of Independent Counsel (Parts 700--799)
      VIII  Court Services and Offender Supervision Agency for the 
                District of Columbia (Parts 800--899)
        IX  National Crime Prevention and Privacy Compact Council 
                (Parts 900--999)

[[Page 660]]

        XI  Department of Justice and Department of State (Parts 
                1100--1199)

                            Title 29--Labor

            Subtitle A--Office of the Secretary of Labor (Parts 
                0--99)
            Subtitle B--Regulations Relating to Labor
         I  National Labor Relations Board (Parts 100--199)
        II  Office of Labor-Management Standards, Department of 
                Labor (Parts 200--299)
       III  National Railroad Adjustment Board (Parts 300--399)
        IV  Office of Labor-Management Standards, Department of 
                Labor (Parts 400--499)
         V  Wage and Hour Division, Department of Labor (Parts 
                500--899)
        IX  Construction Industry Collective Bargaining Commission 
                (Parts 900--999)
         X  National Mediation Board (Parts 1200--1299)
       XII  Federal Mediation and Conciliation Service (Parts 
                1400--1499)
       XIV  Equal Employment Opportunity Commission (Parts 1600--
                1699)
      XVII  Occupational Safety and Health Administration, 
                Department of Labor (Parts 1900--1999)
        XX  Occupational Safety and Health Review Commission 
                (Parts 2200--2499)
       XXV  Employee Benefits Security Administration, Department 
                of Labor (Parts 2500--2599)
     XXVII  Federal Mine Safety and Health Review Commission 
                (Parts 2700--2799)
        XL  Pension Benefit Guaranty Corporation (Parts 4000--
                4999)

                      Title 30--Mineral Resources

         I  Mine Safety and Health Administration, Department of 
                Labor (Parts 1--199)
        II  Bureau of Safety and Environmental Enforcement, 
                Department of the Interior (Parts 200--299)
        IV  Geological Survey, Department of the Interior (Parts 
                400--499)
         V  Bureau of Ocean Energy Management, Department of the 
                Interior (Parts 500--599)
       VII  Office of Surface Mining Reclamation and Enforcement, 
                Department of the Interior (Parts 700--999)
       XII  Office of Natural Resources Revenue, Department of the 
                Interior (Parts 1200--1299)

                 Title 31--Money and Finance: Treasury

            Subtitle A--Office of the Secretary of the Treasury 
                (Parts 0--50)
            Subtitle B--Regulations Relating to Money and Finance

[[Page 661]]

         I  Monetary Offices, Department of the Treasury (Parts 
                51--199)
        II  Fiscal Service, Department of the Treasury (Parts 
                200--399)
        IV  Secret Service, Department of the Treasury (Parts 
                400--499)
         V  Office of Foreign Assets Control, Department of the 
                Treasury (Parts 500--599)
        VI  Bureau of Engraving and Printing, Department of the 
                Treasury (Parts 600--699)
       VII  Federal Law Enforcement Training Center, Department of 
                the Treasury (Parts 700--799)
      VIII  Office of Investment Security, Department of the 
                Treasury (Parts 800--899)
        IX  Federal Claims Collection Standards (Department of the 
                Treasury--Department of Justice) (Parts 900--999)
         X  Financial Crimes Enforcement Network, Department of 
                the Treasury (Parts 1000--1099)

                      Title 32--National Defense

            Subtitle A--Department of Defense
         I  Office of the Secretary of Defense (Parts 1--399)
         V  Department of the Army (Parts 400--699)
        VI  Department of the Navy (Parts 700--799)
       VII  Department of the Air Force (Parts 800--1099)
            Subtitle B--Other Regulations Relating to National 
                Defense
       XII  Department of Defense, Defense Logistics Agency (Parts 
                1200--1299)
       XVI  Selective Service System (Parts 1600--1699)
      XVII  Office of the Director of National Intelligence (Parts 
                1700--1799)
     XVIII  National Counterintelligence Center (Parts 1800--1899)
       XIX  Central Intelligence Agency (Parts 1900--1999)
        XX  Information Security Oversight Office, National 
                Archives and Records Administration (Parts 2000--
                2099)
       XXI  National Security Council (Parts 2100--2199)
      XXIV  Office of Science and Technology Policy (Parts 2400--
                2499)
     XXVII  Office for Micronesian Status Negotiations (Parts 
                2700--2799)
    XXVIII  Office of the Vice President of the United States 
                (Parts 2800--2899)

               Title 33--Navigation and Navigable Waters

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Corps of Engineers, Department of the Army, Department 
                of Defense (Parts 200--399)
        IV  Great Lakes St. Lawrence Seaway Development 
                Corporation, Department of Transportation (Parts 
                400--499)

[[Page 662]]

                          Title 34--Education

            Subtitle A--Office of the Secretary, Department of 
                Education (Parts 1--99)
            Subtitle B--Regulations of the Offices of the 
                Department of Education
         I  Office for Civil Rights, Department of Education 
                (Parts 100--199)
        II  Office of Elementary and Secondary Education, 
                Department of Education (Parts 200--299)
       III  Office of Special Education and Rehabilitative 
                Services, Department of Education (Parts 300--399)
        IV  Office of Career, Technical, and Adult Education, 
                Department of Education (Parts 400--499)
         V  Office of Bilingual Education and Minority Languages 
                Affairs, Department of Education (Parts 500--599) 
                [Reserved]
        VI  Office of Postsecondary Education, Department of 
                Education (Parts 600--699)
       VII  Office of Educational Research and Improvement, 
                Department of Education (Parts 700--799) 
                [Reserved]
            Subtitle C--Regulations Relating to Education
        XI  [Reserved]
       XII  National Council on Disability (Parts 1200--1299)

                          Title 35 [Reserved]

             Title 36--Parks, Forests, and Public Property

         I  National Park Service, Department of the Interior 
                (Parts 1--199)
        II  Forest Service, Department of Agriculture (Parts 200--
                299)
       III  Corps of Engineers, Department of the Army (Parts 
                300--399)
        IV  American Battle Monuments Commission (Parts 400--499)
         V  Smithsonian Institution (Parts 500--599)
        VI  [Reserved]
       VII  Library of Congress (Parts 700--799)
      VIII  Advisory Council on Historic Preservation (Parts 800--
                899)
        IX  Pennsylvania Avenue Development Corporation (Parts 
                900--999)
         X  Presidio Trust (Parts 1000--1099)
        XI  Architectural and Transportation Barriers Compliance 
                Board (Parts 1100--1199)
       XII  National Archives and Records Administration (Parts 
                1200--1299)
        XV  Oklahoma City National Memorial Trust (Parts 1500--
                1599)
       XVI  Morris K. Udall Scholarship and Excellence in National 
                Environmental Policy Foundation (Parts 1600--1699)

             Title 37--Patents, Trademarks, and Copyrights

         I  United States Patent and Trademark Office, Department 
                of Commerce (Parts 1--199)
        II  U.S. Copyright Office, Library of Congress (Parts 
                200--299)

[[Page 663]]

       III  Copyright Royalty Board, Library of Congress (Parts 
                300--399)
        IV  National Institute of Standards and Technology, 
                Department of Commerce (Parts 400--599)

           Title 38--Pensions, Bonuses, and Veterans' Relief

         I  Department of Veterans Affairs (Parts 0--199)
        II  Armed Forces Retirement Home (Parts 200--299)

                       Title 39--Postal Service

         I  United States Postal Service (Parts 1--999)
       III  Postal Regulatory Commission (Parts 3000--3099)

                  Title 40--Protection of Environment

         I  Environmental Protection Agency (Parts 1--1099)
        IV  Environmental Protection Agency and Department of 
                Justice (Parts 1400--1499)
         V  Council on Environmental Quality (Parts 1500--1599)
        VI  Chemical Safety and Hazard Investigation Board (Parts 
                1600--1699)
       VII  Environmental Protection Agency and Department of 
                Defense; Uniform National Discharge Standards for 
                Vessels of the Armed Forces (Parts 1700--1799)
      VIII  Gulf Coast Ecosystem Restoration Council (Parts 1800--
                1899)
        IX  Federal Permitting Improvement Steering Council (Part 
                1900)

          Title 41--Public Contracts and Property Management

            Subtitle A--Federal Procurement Regulations System 
                [Note]
            Subtitle B--Other Provisions Relating to Public 
                Contracts
        50  Public Contracts, Department of Labor (Parts 50-1--50-
                999)
        51  Committee for Purchase From People Who Are Blind or 
                Severely Disabled (Parts 51-1--51-99)
        60  Office of Federal Contract Compliance Programs, Equal 
                Employment Opportunity, Department of Labor (Parts 
                60-1--60-999)
        61  Office of the Assistant Secretary for Veterans' 
                Employment and Training Service, Department of 
                Labor (Parts 61-1--61-999)
   62--100  [Reserved]
            Subtitle C--Federal Property Management Regulations 
                System
       101  Federal Property Management Regulations (Parts 101-1--
                101-99)
       102  Federal Management Regulation (Parts 102-1--102-299)
  103--104  [Reserved]
       105  General Services Administration (Parts 105-1--105-999)

[[Page 664]]

       109  Department of Energy Property Management Regulations 
                (Parts 109-1--109-99)
       114  Department of the Interior (Parts 114-1--114-99)
       115  Environmental Protection Agency (Parts 115-1--115-99)
       128  Department of Justice (Parts 128-1--128-99)
  129--200  [Reserved]
            Subtitle D--Federal Acquisition Supply Chain Security
       201  Federal Acquisition Security Council (Parts 201-1--
                201-99)
            Subtitle E [Reserved]
            Subtitle F--Federal Travel Regulation System
       300  General (Parts 300-1--300-99)
       301  Temporary Duty (TDY) Travel Allowances (Parts 301-1--
                301-99)
       302  Relocation Allowances (Parts 302-1--302-99)
       303  Payment of Expenses Connected with the Death of 
                Certain Employees (Part 303-1--303-99)
       304  Payment of Travel Expenses from a Non-Federal Source 
                (Parts 304-1--304-99)

                        Title 42--Public Health

         I  Public Health Service, Department of Health and Human 
                Services (Parts 1--199)
   II--III  [Reserved]
        IV  Centers for Medicare & Medicaid Services, Department 
                of Health and Human Services (Parts 400--699)
         V  Office of Inspector General-Health Care, Department of 
                Health and Human Services (Parts 1000--1099)

                   Title 43--Public Lands: Interior

            Subtitle A--Office of the Secretary of the Interior 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Lands
         I  Bureau of Reclamation, Department of the Interior 
                (Parts 400--999)
        II  Bureau of Land Management, Department of the Interior 
                (Parts 1000--9999)
       III  Utah Reclamation Mitigation and Conservation 
                Commission (Parts 10000--10099)

             Title 44--Emergency Management and Assistance

         I  Federal Emergency Management Agency, Department of 
                Homeland Security (Parts 0--399)
        IV  Department of Commerce and Department of 
                Transportation (Parts 400--499)

[[Page 665]]

                       Title 45--Public Welfare

            Subtitle A--Department of Health and Human Services 
                (Parts 1--199)
            Subtitle B--Regulations Relating to Public Welfare
        II  Office of Family Assistance (Assistance Programs), 
                Administration for Children and Families, 
                Department of Health and Human Services (Parts 
                200--299)
       III  Office of Child Support Enforcement (Child Support 
                Enforcement Program), Administration for Children 
                and Families, Department of Health and Human 
                Services (Parts 300--399)
        IV  Office of Refugee Resettlement, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 400--499)
         V  Foreign Claims Settlement Commission of the United 
                States, Department of Justice (Parts 500--599)
        VI  National Science Foundation (Parts 600--699)
       VII  Commission on Civil Rights (Parts 700--799)
      VIII  Office of Personnel Management (Parts 800--899)
        IX  Denali Commission (Parts 900--999)
         X  Office of Community Services, Administration for 
                Children and Families, Department of Health and 
                Human Services (Parts 1000--1099)
        XI  National Foundation on the Arts and the Humanities 
                (Parts 1100--1199)
       XII  Corporation for National and Community Service (Parts 
                1200--1299)
      XIII  Administration for Children and Families, Department 
                of Health and Human Services (Parts 1300--1399)
       XVI  Legal Services Corporation (Parts 1600--1699)
      XVII  National Commission on Libraries and Information 
                Science (Parts 1700--1799)
     XVIII  Harry S. Truman Scholarship Foundation (Parts 1800--
                1899)
       XXI  Commission of Fine Arts (Parts 2100--2199)
     XXIII  Arctic Research Commission (Parts 2300--2399)
      XXIV  James Madison Memorial Fellowship Foundation (Parts 
                2400--2499)
       XXV  Corporation for National and Community Service (Parts 
                2500--2599)

                          Title 46--Shipping

         I  Coast Guard, Department of Homeland Security (Parts 
                1--199)
        II  Maritime Administration, Department of Transportation 
                (Parts 200--399)
       III  Coast Guard (Great Lakes Pilotage), Department of 
                Homeland Security (Parts 400--499)
        IV  Federal Maritime Commission (Parts 500--599)

[[Page 666]]

                      Title 47--Telecommunication

         I  Federal Communications Commission (Parts 0--199)
        II  Office of Science and Technology Policy and National 
                Security Council (Parts 200--299)
       III  National Telecommunications and Information 
                Administration, Department of Commerce (Parts 
                300--399)
        IV  National Telecommunications and Information 
                Administration, Department of Commerce, and 
                National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 400--499)
         V  The First Responder Network Authority (Parts 500--599)

           Title 48--Federal Acquisition Regulations System

         1  Federal Acquisition Regulation (Parts 1--99)
         2  Defense Acquisition Regulations System, Department of 
                Defense (Parts 200--299)
         3  Department of Health and Human Services (Parts 300--
                399)
         4  Department of Agriculture (Parts 400--499)
         5  General Services Administration (Parts 500--599)
         6  Department of State (Parts 600--699)
         7  Agency for International Development (Parts 700--799)
         8  Department of Veterans Affairs (Parts 800--899)
         9  Department of Energy (Parts 900--999)
        10  Department of the Treasury (Parts 1000--1099)
        12  Department of Transportation (Parts 1200--1299)
        13  Department of Commerce (Parts 1300--1399)
        14  Department of the Interior (Parts 1400--1499)
        15  Environmental Protection Agency (Parts 1500--1599)
        16  Office of Personnel Management Federal Employees 
                Health Benefits Acquisition Regulation (Parts 
                1600--1699)
        17  Office of Personnel Management (Parts 1700--1799)
        18  National Aeronautics and Space Administration (Parts 
                1800--1899)
        19  Broadcasting Board of Governors (Parts 1900--1999)
        20  Nuclear Regulatory Commission (Parts 2000--2099)
        21  Office of Personnel Management, Federal Employees 
                Group Life Insurance Federal Acquisition 
                Regulation (Parts 2100--2199)
        23  Social Security Administration (Parts 2300--2399)
        24  Department of Housing and Urban Development (Parts 
                2400--2499)
        25  National Science Foundation (Parts 2500--2599)
        28  Department of Justice (Parts 2800--2899)
        29  Department of Labor (Parts 2900--2999)
        30  Department of Homeland Security, Homeland Security 
                Acquisition Regulation (HSAR) (Parts 3000--3099)
        34  Department of Education Acquisition Regulation (Parts 
                3400--3499)

[[Page 667]]

        51  Department of the Army Acquisition Regulations (Parts 
                5100--5199) [Reserved]
        52  Department of the Navy Acquisition Regulations (Parts 
                5200--5299)
        53  Department of the Air Force Federal Acquisition 
                Regulation Supplement (Parts 5300--5399) 
                [Reserved]
        54  Defense Logistics Agency, Department of Defense (Parts 
                5400--5499)
        57  African Development Foundation (Parts 5700--5799)
        61  Civilian Board of Contract Appeals, General Services 
                Administration (Parts 6100--6199)
        99  Cost Accounting Standards Board, Office of Federal 
                Procurement Policy, Office of Management and 
                Budget (Parts 9900--9999)

                       Title 49--Transportation

            Subtitle A--Office of the Secretary of Transportation 
                (Parts 1--99)
            Subtitle B--Other Regulations Relating to 
                Transportation
         I  Pipeline and Hazardous Materials Safety 
                Administration, Department of Transportation 
                (Parts 100--199)
        II  Federal Railroad Administration, Department of 
                Transportation (Parts 200--299)
       III  Federal Motor Carrier Safety Administration, 
                Department of Transportation (Parts 300--399)
        IV  Coast Guard, Department of Homeland Security (Parts 
                400--499)
         V  National Highway Traffic Safety Administration, 
                Department of Transportation (Parts 500--599)
        VI  Federal Transit Administration, Department of 
                Transportation (Parts 600--699)
       VII  National Railroad Passenger Corporation (AMTRAK) 
                (Parts 700--799)
      VIII  National Transportation Safety Board (Parts 800--999)
         X  Surface Transportation Board (Parts 1000--1399)
        XI  Research and Innovative Technology Administration, 
                Department of Transportation (Parts 1400--1499) 
                [Reserved]
       XII  Transportation Security Administration, Department of 
                Homeland Security (Parts 1500--1699)

                   Title 50--Wildlife and Fisheries

         I  United States Fish and Wildlife Service, Department of 
                the Interior (Parts 1--199)
        II  National Marine Fisheries Service, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 200--299)
       III  International Fishing and Related Activities (Parts 
                300--399)

[[Page 668]]

        IV  Joint Regulations (United States Fish and Wildlife 
                Service, Department of the Interior and National 
                Marine Fisheries Service, National Oceanic and 
                Atmospheric Administration, Department of 
                Commerce); Endangered Species Committee 
                Regulations (Parts 400--499)
         V  Marine Mammal Commission (Parts 500--599)
        VI  Fishery Conservation and Management, National Oceanic 
                and Atmospheric Administration, Department of 
                Commerce (Parts 600--699)

[[Page 669]]





           Alphabetical List of Agencies Appearing in the CFR




                      (Revised as of July 1, 2022)

                                                  CFR Title, Subtitle or 
                     Agency                               Chapter

Administrative Conference of the United States    1, III
Advisory Council on Historic Preservation         36, VIII
Advocacy and Outreach, Office of                  7, XXV
Afghanistan Reconstruction, Special Inspector     5, LXXXIII
     General for
African Development Foundation                    22, XV
  Federal Acquisition Regulation                  48, 57
Agency for International Development              2, VII; 22, II
  Federal Acquisition Regulation                  48, 7
Agricultural Marketing Service                    7, I, VIII, IX, X, XI; 9, 
                                                  II
Agricultural Research Service                     7, V
Agriculture, Department of                        2, IV; 5, LXXIII
  Advocacy and Outreach, Office of                7, XXV
  Agricultural Marketing Service                  7, I, VIII, IX, X, XI; 9, 
                                                  II
  Agricultural Research Service                   7, V
  Animal and Plant Health Inspection Service      7, III; 9, I
  Chief Financial Officer, Office of              7, XXX
  Commodity Credit Corporation                    7, XIV
  Economic Research Service                       7, XXXVII
  Energy Policy and New Uses, Office of           2, IX; 7, XXIX
  Environmental Quality, Office of                7, XXXI
  Farm Service Agency                             7, VII, XVIII
  Federal Acquisition Regulation                  48, 4
  Federal Crop Insurance Corporation              7, IV
  Food and Nutrition Service                      7, II
  Food Safety and Inspection Service              9, III
  Foreign Agricultural Service                    7, XV
  Forest Service                                  36, II
  Information Resources Management, Office of     7, XXVII
  Inspector General, Office of                    7, XXVI
  National Agricultural Library                   7, XLI
  National Agricultural Statistics Service        7, XXXVI
  National Institute of Food and Agriculture      7, XXXIV
  Natural Resources Conservation Service          7, VI
  Operations, Office of                           7, XXVIII
  Procurement and Property Management, Office of  7, XXXII
  Rural Business-Cooperative Service              7, XVIII, XLII
  Rural Development Administration                7, XLII
  Rural Housing Service                           7, XVIII, XXXV
  Rural Utilities Service                         7, XVII, XVIII, XLII
  Secretary of Agriculture, Office of             7, Subtitle A
  Transportation, Office of                       7, XXXIII
  World Agricultural Outlook Board                7, XXXVIII
Air Force, Department of                          32, VII
  Federal Acquisition Regulation Supplement       48, 53
Air Transportation Stabilization Board            14, VI
Alcohol and Tobacco Tax and Trade Bureau          27, I
Alcohol, Tobacco, Firearms, and Explosives,       27, II
     Bureau of
AMTRAK                                            49, VII
American Battle Monuments Commission              36, IV
American Indians, Office of the Special Trustee   25, VII
Animal and Plant Health Inspection Service        7, III; 9, I
Appalachian Regional Commission                   5, IX
Architectural and Transportation Barriers         36, XI
   Compliance Board
[[Page 670]]

Arctic Research Commission                        45, XXIII
Armed Forces Retirement Home                      5, XI; 38, II
Army, Department of                               32, V
  Engineers, Corps of                             33, II; 36, III
  Federal Acquisition Regulation                  48, 51
Benefits Review Board                             20, VII
Bilingual Education and Minority Languages        34, V
     Affairs, Office of
Blind or Severely Disabled, Committee for         41, 51
     Purchase from People Who Are
  Federal Acquisition Regulation                  48, 19
Career, Technical, and Adult Education, Office    34, IV
     of
Census Bureau                                     15, I
Centers for Medicare & Medicaid Services          42, IV
Central Intelligence Agency                       32, XIX
Chemical Safety and Hazard Investigation Board    40, VI
Chief Financial Officer, Office of                7, XXX
Child Support Enforcement, Office of              45, III
Children and Families, Administration for         45, II, III, IV, X, XIII
Civil Rights, Commission on                       5, LXVIII; 45, VII
Civil Rights, Office for                          34, I
Coast Guard                                       33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage)                46, III
Commerce, Department of                           2, XIII; 44, IV; 50, VI
  Census Bureau                                   15, I
  Economic Affairs, Office of the Under-          15, XV
       Secretary for
  Economic Analysis, Bureau of                    15, VIII
  Economic Development Administration             13, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 13
  Foreign-Trade Zones Board                       15, IV
  Industry and Security, Bureau of                15, VII
  International Trade Administration              15, III; 19, III
  National Institute of Standards and Technology  15, II; 37, IV
  National Marine Fisheries Service               50, II, IV
  National Oceanic and Atmospheric                15, IX; 50, II, III, IV, 
       Administration                             VI
  National Technical Information Service          15, XI
  National Telecommunications and Information     15, XXIII; 47, III, IV
       Administration
  National Weather Service                        15, IX
  Patent and Trademark Office, United States      37, I
  Secretary of Commerce, Office of                15, Subtitle A
Commercial Space Transportation                   14, III
Commodity Credit Corporation                      7, XIV
Commodity Futures Trading Commission              5, XLI; 17, I
Community Planning and Development, Office of     24, V, VI
     Assistant Secretary for
Community Services, Office of                     45, X
Comptroller of the Currency                       12, I
Construction Industry Collective Bargaining       29, IX
     Commission
Consumer Financial Protection Bureau              5, LXXXIV; 12, X
Consumer Product Safety Commission                5, LXXI; 16, II
Copyright Royalty Board                           37, III
Corporation for National and Community Service    2, XXII; 45, XII, XXV
Cost Accounting Standards Board                   48, 99
Council on Environmental Quality                  40, V
Council of the Inspectors General on Integrity    5, XCVIII
     and Efficiency
Court Services and Offender Supervision Agency    5, LXX; 28, VIII
     for the District of Columbia
Customs and Border Protection                     19, I
Defense, Department of                            2, XI; 5, XXVI; 32, 
                                                  Subtitle A; 40, VII
  Advanced Research Projects Agency               32, I
  Air Force Department                            32, VII
  Army Department                                 32, V; 33, II; 36, III; 
                                                  48, 51
  Defense Acquisition Regulations System          48, 2
  Defense Intelligence Agency                     32, I

[[Page 671]]

  Defense Logistics Agency                        32, I, XII; 48, 54
  Engineers, Corps of                             33, II; 36, III
  National Imagery and Mapping Agency             32, I
  Navy, Department of                             32, VI; 48, 52
  Secretary of Defense, Office of                 2, XI; 32, I
Defense Contract Audit Agency                     32, I
Defense Intelligence Agency                       32, I
Defense Logistics Agency                          32, XII; 48, 54
Defense Nuclear Facilities Safety Board           10, XVII
Delaware River Basin Commission                   18, III
Denali Commission                                 45, IX
Disability, National Council on                   5, C; 34, XII
District of Columbia, Court Services and          5, LXX; 28, VIII
     Offender Supervision Agency for the
Drug Enforcement Administration                   21, II
East-West Foreign Trade Board                     15, XIII
Economic Affairs, Office of the Under-Secretary   15, XV
     for
Economic Analysis, Bureau of                      15, VIII
Economic Development Administration               13, III
Economic Research Service                         7, XXXVII
Education, Department of                          2, XXXIV; 5, LIII
  Bilingual Education and Minority Languages      34, V
       Affairs, Office of
  Career, Technical, and Adult Education, Office  34, IV
       of
  Civil Rights, Office for                        34, I
  Educational Research and Improvement, Office    34, VII
       of
  Elementary and Secondary Education, Office of   34, II
  Federal Acquisition Regulation                  48, 34
  Postsecondary Education, Office of              34, VI
  Secretary of Education, Office of               34, Subtitle A
  Special Education and Rehabilitative Services,  34, III
       Office of
Educational Research and Improvement, Office of   34, VII
Election Assistance Commission                    2, LVIII; 11, II
Elementary and Secondary Education, Office of     34, II
Emergency Oil and Gas Guaranteed Loan Board       13, V
Emergency Steel Guarantee Loan Board              13, IV
Employee Benefits Security Administration         29, XXV
Employees' Compensation Appeals Board             20, IV
Employees Loyalty Board                           5, V
Employment and Training Administration            20, V
Employment Policy, National Commission for        1, IV
Employment Standards Administration               20, VI
Endangered Species Committee                      50, IV
Energy, Department of                             2, IX; 5, XXIII; 10, II, 
                                                  III, X
  Federal Acquisition Regulation                  48, 9
  Federal Energy Regulatory Commission            5, XXIV; 18, I
  Property Management Regulations                 41, 109
Energy, Office of                                 7, XXIX
Engineers, Corps of                               33, II; 36, III
Engraving and Printing, Bureau of                 31, VI
Environmental Protection Agency                   2, XV; 5, LIV; 40, I, IV, 
                                                  VII
  Federal Acquisition Regulation                  48, 15
  Property Management Regulations                 41, 115
Environmental Quality, Office of                  7, XXXI
Equal Employment Opportunity Commission           5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary  24, I
     for
Executive Office of the President                 3, I
  Environmental Quality, Council on               40, V
  Management and Budget, Office of                2, Subtitle A; 5, III, 
                                                  LXXVII; 14, VI; 48, 99
  National Drug Control Policy, Office of         2, XXXVI; 21, III
  National Security Council                       32, XXI; 47, II
  Science and Technology Policy, Office of        32, XXIV; 47, II
  Trade Representative, Office of the United      15, XX
       States
Export-Import Bank of the United States           2, XXXV; 5, LII; 12, IV

[[Page 672]]

Family Assistance, Office of                      45, II
Farm Credit Administration                        5, XXXI; 12, VI
Farm Credit System Insurance Corporation          5, XXX; 12, XIV
Farm Service Agency                               7, VII, XVIII
Federal Acquisition Regulation                    48, 1
Federal Acquisition Security Council              41, 201
Federal Aviation Administration                   14, I
  Commercial Space Transportation                 14, III
Federal Claims Collection Standards               31, IX
Federal Communications Commission                 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of   41, 60
Federal Crop Insurance Corporation                7, IV
Federal Deposit Insurance Corporation             5, XXII; 12, III
Federal Election Commission                       5, XXXVII; 11, I
Federal Emergency Management Agency               44, I
Federal Employees Group Life Insurance Federal    48, 21
     Acquisition Regulation
Federal Employees Health Benefits Acquisition     48, 16
     Regulation
Federal Energy Regulatory Commission              5, XXIV; 18, I
Federal Financial Institutions Examination        12, XI
     Council
Federal Financing Bank                            12, VIII
Federal Highway Administration                    23, I, II
Federal Home Loan Mortgage Corporation            1, IV
Federal Housing Enterprise Oversight Office       12, XVII
Federal Housing Finance Agency                    5, LXXX; 12, XII
Federal Labor Relations Authority                 5, XIV, XLIX; 22, XIV
Federal Law Enforcement Training Center           31, VII
Federal Management Regulation                     41, 102
Federal Maritime Commission                       46, IV
Federal Mediation and Conciliation Service        29, XII
Federal Mine Safety and Health Review Commission  5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration       49, III
Federal Permitting Improvement Steering Council   40, IX
Federal Prison Industries, Inc.                   28, III
Federal Procurement Policy Office                 48, 99
Federal Property Management Regulations           41, 101
Federal Railroad Administration                   49, II
Federal Register, Administrative Committee of     1, I
Federal Register, Office of                       1, II
Federal Reserve System                            12, II
  Board of Governors                              5, LVIII
Federal Retirement Thrift Investment Board        5, VI, LXXVI
Federal Service Impasses Panel                    5, XIV
Federal Trade Commission                          5, XLVII; 16, I
Federal Transit Administration                    49, VI
Federal Travel Regulation System                  41, Subtitle F
Financial Crimes Enforcement Network              31, X
Financial Research Office                         12, XVI
Financial Stability Oversight Council             12, XIII
Fine Arts, Commission of                          45, XXI
Fiscal Service                                    31, II
Fish and Wildlife Service, United States          50, I, IV
Food and Drug Administration                      21, I
Food and Nutrition Service                        7, II
Food Safety and Inspection Service                9, III
Foreign Agricultural Service                      7, XV
Foreign Assets Control, Office of                 31, V
Foreign Claims Settlement Commission of the       45, V
     United States
Foreign Service Grievance Board                   22, IX
Foreign Service Impasse Disputes Panel            22, XIV
Foreign Service Labor Relations Board             22, XIV
Foreign-Trade Zones Board                         15, IV
Forest Service                                    36, II
General Services Administration                   5, LVII; 41, 105
  Contract Appeals, Board of                      48, 61
  Federal Acquisition Regulation                  48, 5
  Federal Management Regulation                   41, 102

[[Page 673]]

  Federal Property Management Regulations         41, 101
  Federal Travel Regulation System                41, Subtitle F
  General                                         41, 300
  Payment From a Non-Federal Source for Travel    41, 304
       Expenses
  Payment of Expenses Connected With the Death    41, 303
       of Certain Employees
  Relocation Allowances                           41, 302
  Temporary Duty (TDY) Travel Allowances          41, 301
Geological Survey                                 30, IV
Government Accountability Office                  4, I
Government Ethics, Office of                      5, XVI
Government National Mortgage Association          24, III
Grain Inspection, Packers and Stockyards          7, VIII; 9, II
     Administration
Great Lakes St. Lawrence Seaway Development       33, IV
     Corporation
Gulf Coast Ecosystem Restoration Council          2, LIX; 40, VIII
Harry S. Truman Scholarship Foundation            45, XVIII
Health and Human Services, Department of          2, III; 5, XLV; 45, 
                                                  Subtitle A
  Centers for Medicare & Medicaid Services        42, IV
  Child Support Enforcement, Office of            45, III
  Children and Families, Administration for       45, II, III, IV, X, XIII
  Community Services, Office of                   45, X
  Family Assistance, Office of                    45, II
  Federal Acquisition Regulation                  48, 3
  Food and Drug Administration                    21, I
  Indian Health Service                           25, V
  Inspector General (Health Care), Office of      42, V
  Public Health Service                           42, I
  Refugee Resettlement, Office of                 45, IV
Homeland Security, Department of                  2, XXX; 5, XXXVI; 6, I; 8, 
                                                  I
  Coast Guard                                     33, I; 46, I; 49, IV
  Coast Guard (Great Lakes Pilotage)              46, III
  Customs and Border Protection                   19, I
  Federal Emergency Management Agency             44, I
  Human Resources Management and Labor Relations  5, XCVII
       Systems
  Immigration and Customs Enforcement Bureau      19, IV
  Transportation Security Administration          49, XII
HOPE for Homeowners Program, Board of Directors   24, XXIV
     of
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Housing and Urban Development, Department of      2, XXIV; 5, LXV; 24, 
                                                  Subtitle B
  Community Planning and Development, Office of   24, V, VI
       Assistant Secretary for
  Equal Opportunity, Office of Assistant          24, I
       Secretary for
  Federal Acquisition Regulation                  48, 24
  Federal Housing Enterprise Oversight, Office    12, XVII
       of
  Government National Mortgage Association        24, III
  Housing--Federal Housing Commissioner, Office   24, II, VIII, X, XX
       of Assistant Secretary for
  Housing, Office of, and Multifamily Housing     24, IV
       Assistance Restructuring, Office of
  Inspector General, Office of                    24, XII
  Public and Indian Housing, Office of Assistant  24, IX
       Secretary for
  Secretary, Office of                            24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of  24, II, VIII, X, XX
     Assistant Secretary for
Housing, Office of, and Multifamily Housing       24, IV
     Assistance Restructuring, Office of
Immigration and Customs Enforcement Bureau        19, IV
Immigration Review, Executive Office for          8, V
Independent Counsel, Office of                    28, VII
Independent Counsel, Offices of                   28, VI
Indian Affairs, Bureau of                         25, I, V
Indian Affairs, Office of the Assistant           25, VI
   Secretary
[[Page 674]]

Indian Arts and Crafts Board                      25, II
Indian Health Service                             25, V
Industry and Security, Bureau of                  15, VII
Information Resources Management, Office of       7, XXVII
Information Security Oversight Office, National   32, XX
     Archives and Records Administration
Inspector General
  Agriculture Department                          7, XXVI
  Health and Human Services Department            42, V
  Housing and Urban Development Department        24, XII, XV
Institute of Peace, United States                 22, XVII
Inter-American Foundation                         5, LXIII; 22, X
Interior, Department of                           2, XIV
  American Indians, Office of the Special         25, VII
       Trustee
  Endangered Species Committee                    50, IV
  Federal Acquisition Regulation                  48, 14
  Federal Property Management Regulations System  41, 114
  Fish and Wildlife Service, United States        50, I, IV
  Geological Survey                               30, IV
  Indian Affairs, Bureau of                       25, I, V
  Indian Affairs, Office of the Assistant         25, VI
       Secretary
  Indian Arts and Crafts Board                    25, II
  Land Management, Bureau of                      43, II
  National Indian Gaming Commission               25, III
  National Park Service                           36, I
  Natural Resource Revenue, Office of             30, XII
  Ocean Energy Management, Bureau of              30, V
  Reclamation, Bureau of                          43, I
  Safety and Environmental Enforcement, Bureau    30, II
       of
  Secretary of the Interior, Office of            2, XIV; 43, Subtitle A
  Surface Mining Reclamation and Enforcement,     30, VII
       Office of
Internal Revenue Service                          26, I
International Boundary and Water Commission,      22, XI
     United States and Mexico, United States 
     Section
International Development, United States Agency   22, II
     for
  Federal Acquisition Regulation                  48, 7
International Development Cooperation Agency,     22, XII
     United States
International Development Finance Corporation,    5, XXXIII; 22, VII
     U.S.
International Joint Commission, United States     22, IV
     and Canada
International Organizations Employees Loyalty     5, V
     Board
International Trade Administration                15, III; 19, III
International Trade Commission, United States     19, II
Interstate Commerce Commission                    5, XL
Investment Security, Office of                    31, VIII
James Madison Memorial Fellowship Foundation      45, XXIV
Japan-United States Friendship Commission         22, XVI
Joint Board for the Enrollment of Actuaries       20, VIII
Justice, Department of                            2, XXVIII; 5, XXVIII; 28, 
                                                  I, XI; 40, IV
  Alcohol, Tobacco, Firearms, and Explosives,     27, II
       Bureau of
  Drug Enforcement Administration                 21, II
  Federal Acquisition Regulation                  48, 28
  Federal Claims Collection Standards             31, IX
  Federal Prison Industries, Inc.                 28, III
  Foreign Claims Settlement Commission of the     45, V
       United States
  Immigration Review, Executive Office for        8, V
  Independent Counsel, Offices of                 28, VI
  Prisons, Bureau of                              28, V
  Property Management Regulations                 41, 128
Labor, Department of                              2, XXIX; 5, XLII
  Benefits Review Board                           20, VII
  Employee Benefits Security Administration       29, XXV
  Employees' Compensation Appeals Board           20, IV
  Employment and Training Administration          20, V
  Federal Acquisition Regulation                  48, 29

[[Page 675]]

  Federal Contract Compliance Programs, Office    41, 60
       of
  Federal Procurement Regulations System          41, 50
  Labor-Management Standards, Office of           29, II, IV
  Mine Safety and Health Administration           30, I
  Occupational Safety and Health Administration   29, XVII
  Public Contracts                                41, 50
  Secretary of Labor, Office of                   29, Subtitle A
  Veterans' Employment and Training Service,      41, 61; 20, IX
       Office of the Assistant Secretary for
  Wage and Hour Division                          29, V
  Workers' Compensation Programs, Office of       20, I, VI
Labor-Management Standards, Office of             29, II, IV
Land Management, Bureau of                        43, II
Legal Services Corporation                        45, XVI
Libraries and Information Science, National       45, XVII
     Commission on
Library of Congress                               36, VII
  Copyright Royalty Board                         37, III
  U.S. Copyright Office                           37, II
Management and Budget, Office of                  5, III, LXXVII; 14, VI; 
                                                  48, 99
Marine Mammal Commission                          50, V
Maritime Administration                           46, II
Merit Systems Protection Board                    5, II, LXIV
Micronesian Status Negotiations, Office for       32, XXVII
Military Compensation and Retirement              5, XCIX
     Modernization Commission
Millennium Challenge Corporation                  22, XIII
Mine Safety and Health Administration             30, I
Minority Business Development Agency              15, XIV
Miscellaneous Agencies                            1, IV
Monetary Offices                                  31, I
Morris K. Udall Scholarship and Excellence in     36, XVI
     National Environmental Policy Foundation
Museum and Library Services, Institute of         2, XXXI
National Aeronautics and Space Administration     2, XVIII; 5, LIX; 14, V
  Federal Acquisition Regulation                  48, 18
National Agricultural Library                     7, XLI
National Agricultural Statistics Service          7, XXXVI
National and Community Service, Corporation for   2, XXII; 45, XII, XXV
National Archives and Records Administration      2, XXVI; 5, LXVI; 36, XII
  Information Security Oversight Office           32, XX
National Capital Planning Commission              1, IV, VI
National Counterintelligence Center               32, XVIII
National Credit Union Administration              5, LXXXVI; 12, VII
National Crime Prevention and Privacy Compact     28, IX
     Council
National Drug Control Policy, Office of           2, XXXVI; 21, III
National Endowment for the Arts                   2, XXXII
National Endowment for the Humanities             2, XXXIII
National Foundation on the Arts and the           45, XI
     Humanities
National Geospatial-Intelligence Agency           32, I
National Highway Traffic Safety Administration    23, II, III; 47, VI; 49, V
National Imagery and Mapping Agency               32, I
National Indian Gaming Commission                 25, III
National Institute of Food and Agriculture        7, XXXIV
National Institute of Standards and Technology    15, II; 37, IV
National Intelligence, Office of Director of      5, IV; 32, XVII
National Labor Relations Board                    5, LXI; 29, I
National Marine Fisheries Service                 50, II, IV
National Mediation Board                          5, CI; 29, X
National Oceanic and Atmospheric Administration   15, IX; 50, II, III, IV, 
                                                  VI
National Park Service                             36, I
National Railroad Adjustment Board                29, III
National Railroad Passenger Corporation (AMTRAK)  49, VII
National Science Foundation                       2, XXV; 5, XLIII; 45, VI
  Federal Acquisition Regulation                  48, 25
National Security Council                         32, XXI; 47, II

[[Page 676]]

National Technical Information Service            15, XI
National Telecommunications and Information       15, XXIII; 47, III, IV, V
     Administration
National Transportation Safety Board              49, VIII
Natural Resource Revenue, Office of               30, XII
Natural Resources Conservation Service            7, VI
Navajo and Hopi Indian Relocation, Office of      25, IV
Navy, Department of                               32, VI
  Federal Acquisition Regulation                  48, 52
Neighborhood Reinvestment Corporation             24, XXV
Northeast Interstate Low-Level Radioactive Waste  10, XVIII
     Commission
Nuclear Regulatory Commission                     2, XX; 5, XLVIII; 10, I
  Federal Acquisition Regulation                  48, 20
Occupational Safety and Health Administration     29, XVII
Occupational Safety and Health Review Commission  29, XX
Ocean Energy Management, Bureau of                30, V
Oklahoma City National Memorial Trust             36, XV
Operations Office                                 7, XXVIII
Patent and Trademark Office, United States        37, I
Payment From a Non-Federal Source for Travel      41, 304
     Expenses
Payment of Expenses Connected With the Death of   41, 303
     Certain Employees
Peace Corps                                       2, XXXVII; 22, III
Pennsylvania Avenue Development Corporation       36, IX
Pension Benefit Guaranty Corporation              29, XL
Personnel Management, Office of                   5, I, IV, XXXV; 45, VIII
  Federal Acquisition Regulation                  48, 17
  Federal Employees Group Life Insurance Federal  48, 21
       Acquisition Regulation
  Federal Employees Health Benefits Acquisition   48, 16
       Regulation
  Human Resources Management and Labor Relations  5, XCVII
       Systems, Department of Homeland Security
Pipeline and Hazardous Materials Safety           49, I
     Administration
Postal Regulatory Commission                      5, XLVI; 39, III
Postal Service, United States                     5, LX; 39, I
Postsecondary Education, Office of                34, VI
President's Commission on White House             1, IV
     Fellowships
Presidential Documents                            3
Presidio Trust                                    36, X
Prisons, Bureau of                                28, V
Privacy and Civil Liberties Oversight Board       6, X
Procurement and Property Management, Office of    7, XXXII
Public and Indian Housing, Office of Assistant    24, IX
     Secretary for
Public Contracts, Department of Labor             41, 50
Public Health Service                             42, I
Railroad Retirement Board                         20, II
Reclamation, Bureau of                            43, I
Refugee Resettlement, Office of                   45, IV
Relocation Allowances                             41, 302
Research and Innovative Technology                49, XI
     Administration
Rural Business-Cooperative Service                7, XVIII, XLII, L
Rural Development Administration                  7, XLII
Rural Housing Service                             7, XVIII, XXXV, L
Rural Utilities Service                           7, XVII, XVIII, XLII, L
Safety and Environmental Enforcement, Bureau of   30, II
Science and Technology Policy, Office of          32, XXIV; 47, II
Secret Service                                    31, IV
Securities and Exchange Commission                5, XXXIV; 17, II
Selective Service System                          32, XVI
Small Business Administration                     2, XXVII; 13, I
Smithsonian Institution                           36, V
Social Security Administration                    2, XXIII; 20, III; 48, 23
Soldiers' and Airmen's Home, United States        5, XI
Special Counsel, Office of                        5, VIII
Special Education and Rehabilitative Services,    34, III
     Office of
State, Department of                              2, VI; 22, I; 28, XI

[[Page 677]]

  Federal Acquisition Regulation                  48, 6
Surface Mining Reclamation and Enforcement,       30, VII
     Office of
Surface Transportation Board                      49, X
Susquehanna River Basin Commission                18, VIII
Tennessee Valley Authority                        5, LXIX; 18, XIII
Trade Representative, United States, Office of    15, XX
Transportation, Department of                     2, XII; 5, L
  Commercial Space Transportation                 14, III
  Emergency Management and Assistance             44, IV
  Federal Acquisition Regulation                  48, 12
  Federal Aviation Administration                 14, I
  Federal Highway Administration                  23, I, II
  Federal Motor Carrier Safety Administration     49, III
  Federal Railroad Administration                 49, II
  Federal Transit Administration                  49, VI
  Great Lakes St. Lawrence Seaway Development     33, IV
       Corporation
  Maritime Administration                         46, II
  National Highway Traffic Safety Administration  23, II, III; 47, IV; 49, V
  Pipeline and Hazardous Materials Safety         49, I
       Administration
  Secretary of Transportation, Office of          14, II; 49, Subtitle A
  Transportation Statistics Bureau                49, XI
Transportation, Office of                         7, XXXIII
Transportation Security Administration            49, XII
Transportation Statistics Bureau                  49, XI
Travel Allowances, Temporary Duty (TDY)           41, 301
Treasury, Department of the                       2, X; 5, XXI; 12, XV; 17, 
                                                  IV; 31, IX
  Alcohol and Tobacco Tax and Trade Bureau        27, I
  Community Development Financial Institutions    12, XVIII
       Fund
  Comptroller of the Currency                     12, I
  Customs and Border Protection                   19, I
  Engraving and Printing, Bureau of               31, VI
  Federal Acquisition Regulation                  48, 10
  Federal Claims Collection Standards             31, IX
  Federal Law Enforcement Training Center         31, VII
  Financial Crimes Enforcement Network            31, X
  Fiscal Service                                  31, II
  Foreign Assets Control, Office of               31, V
  Internal Revenue Service                        26, I
  Investment Security, Office of                  31, VIII
  Monetary Offices                                31, I
  Secret Service                                  31, IV
  Secretary of the Treasury, Office of            31, Subtitle A
Truman, Harry S. Scholarship Foundation           45, XVIII
United States Agency for Global Media             22, V
United States and Canada, International Joint     22, IV
     Commission
United States and Mexico, International Boundary  22, XI
     and Water Commission, United States Section
U.S. Copyright Office                             37, II
U.S. Office of Special Counsel                    5, CII
Utah Reclamation Mitigation and Conservation      43, III
     Commission
Veterans Affairs, Department of                   2, VIII; 38, I
  Federal Acquisition Regulation                  48, 8
Veterans' Employment and Training Service,        41, 61; 20, IX
     Office of the Assistant Secretary for
Vice President of the United States, Office of    32, XXVIII
Wage and Hour Division                            29, V
Water Resources Council                           18, VI
Workers' Compensation Programs, Office of         20, I, VII
World Agricultural Outlook Board                  7, XXXVIII

[[Page 679]]



List of CFR Sections Affected



All changes in this volume of the Code of Federal Regulations (CFR) that 
were made by documents published in the Federal Register since January 
1, 2017 are enumerated in the following list. Entries indicate the 
nature of the changes effected. Page numbers refer to Federal Register 
pages. The user should consult the entries for chapters, parts and 
subparts as well as sections for revisions.
For changes to this volume of the CFR prior to this listing, consult the 
annual edition of the monthly List of CFR Sections Affected (LSA). The 
LSA is available at www.govinfo.gov. For changes to this volume of the 
CFR prior to 2001, see the ``List of CFR Sections Affected, 1949-1963, 
1964-1972, 1973-1985, and 1986-2000'' published in 11 separate volumes. 
The ``List of CFR Sections Affected 1986-2000'' is available at 
www.govinfo.gov.

                                  2017

40 CFR
                                                                   82 FR
                                                                    Page
Chapter I
61 Policy statement................................................52667
61.04 (c)(9)(i) table and (iv) table revised.......................21933
    (b)(A) through (EEE) redesignated as (b)(1) through (57); 
(b)(19), (35) and (44) revised.....................................32646
61.251 (b) through (f) revised; (h) through (o) added...............5178
    Regulation at 82 FR 5178 eff. date delayed to 3-21-17...........8499
61.252 Revised......................................................5179
    Regulation at 82 FR 5179 eff. date delayed to 3-21-17...........8499
61.255 Revised......................................................5179
    Regulation at 82 FR 5179 eff. date delayed to 3-21-17...........8499
62.1370 Revised; eff. 8-4-17.......................................25737
    Regulation at 82 FR 25737 withdrawn............................36335
    Revised........................................................44741
62.1400 Undesignated center heading and section added; eff. 8-4-17
                                                                   25737
    Regulation at 82 FR 25737 withdrawn............................36335
    Section and undesignated center heading added..................44741
62.1750 Undesignated center heading and section added; eff. 8-7-17
                                                                   25972
62.1985 Revised....................................................20278
62.2155 Revised....................................................20278
62.3913 (e) added..................................................43307
    Regulation at 82 FR 43307 withdrawn............................52667
62.5110 (c) added..................................................51351
    Regulation at 82 FR 51351 withdrawn............................60873
62.5112 (c) added..................................................51351
    Regulation at 82 FR 51351 withdrawn............................60873
62.5160 Revised....................................................19614
62.5161 Revised....................................................19614
62.5162 Revised....................................................19614
62.6620 Revised; eff. 8-4-17.......................................25737
    Regulation at 82 FR 25737 withdrawn............................36335
    Revised........................................................44741
62.6630 Revised; eff. 8-4-17.......................................25737
    Regulation at 82 FR 25737 withdrawn............................36335
    Revised........................................................44741
62.6650 Undesignated center heading and section added; eff. 8-4-17
                                                                   25737
    Regulation at 82 FR 25737 withdrawn............................36335
    Section and undesignated center heading added..................44742
62.6660 Undesignated center heading and section added; eff. 8-4-17
                                                                   25737

[[Page 680]]

    Regulation at 82 FR 25737 withdrawn............................36335
    Section and undesignated center heading added..................44742
62.7325 (b)(3) and (c)(3) removed; (b)(4)(ii) added; eff. 8-7-17 
                                                                   25972
62.7455 Revised; eff. 8-7-17.......................................25972
62.7607 Undesignated center heading and section added..............44529
62.8620 Revised; eff. 8-4-17.......................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Revised........................................................44742
62.8650 Undesignated center heading and section added; eff. 8-4-17
                                                                   25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Section and undesignated center heading added..................44742
62.8660 Undesignated center heading and section added; eff. 8-4-17
                                                                   25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Section and undesignated center heading added..................44742
62.9600--62.9682 (Subpart NN) Undesignated heading added...........49512
62.9663 Added......................................................47400
62.9665 Added......................................................49512
    Regulation at 82 FR 49512 withdrawn............................60872
62.9670 Revised....................................................20278
62.9825 Undesignated center heading preceding section added; eff. 
        8-7-7......................................................25972
    (b)(1) and (c)(1) removed; eff. 8-7-17.........................25972
62.9990 Revised; eff. 8-7-17.......................................25972
62.10370 Revised; eff. 8-4-17......................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Revised........................................................44742
62.10380 Revised; eff. 8-4-17......................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Revised........................................................44742
62.10400 Undesignated center heading and section added; eff. 8-4-
        17.........................................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Section and undesignated center heading added..................44742
62.10410 Undesignated center heading and section added; eff. 8-4-
        17.........................................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Section and undesignated center heading added..................44742
62.11130 Revised; eff. 8-4-17......................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Revised........................................................44742
62.11140 Revised; eff. 8-4-17......................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Revised........................................................44742
62.11160 Undesignated center heading and section added; eff. 8-4-
        17.........................................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Section and undesignated center heading added..................44742
62.11480 Revised; eff. 8-7-17......................................25972
62.12620 Revised; eff. 8-4-17......................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Revised........................................................44742
62.12630 Revised; eff. 8-4-17......................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Revised........................................................44742
62.12650 Undesignated center heading and section added; eff. 8-4-
        17.........................................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Section and undesignated center heading added..................44743
62.12660 Undesignated center heading and section added; eff. 8-4-
        17.........................................................25738
    Regulation at 82 FR 25738 withdrawn............................36335
    Section and undesignated center heading added..................44743
62.13358 Section and undesignated center heading added.............43309

                                  2018

40 CFR
                                                                   83 FR
                                                                    Page
Chapter I
61 State authority delegations.....................................25382
61.04 (b)(33) introductory text and (c)(6)(iii) revised............15968

[[Page 681]]

    Regulation at 83 FR 15968 withdrawn............................25936
    (b)(33) and (c)(6)(iii) revised................................46111
    (b)(38) and (c)(6)(iv) revised.................................53186
    (c)(1)(ii) revised.............................................48255
61.18 (e)(1)(ii) revised...........................................48255
62 Policy statement................................................11416
62.1380 Revised....................................................13113
62.1381 Added......................................................13113
62.1382 Added......................................................13113
62.3913 (d) revised; (e) added.....................................26604
62.5110 (c) added; eff. 7-2-18.....................................24941
62.5112 (c) added; eff. 7-2-18.....................................24941
62.5127 Revised....................................................13879
62.6358 (e) added..................................................17758
62.7465 Undesignated center heading and section added..............29460
62.8350--62.8361 (Subpart II) Undesignated center heading added....19186
62.8362 Added......................................................19186
62.8363 Added......................................................19186
62.8630 Revised....................................................17924
62.8631 Revised....................................................17924
62.8632 Revised....................................................17924
62.8880 Revised....................................................35424
62.9665 Undesignated center heading and section added..............11420
62.13359 Undesignated center heading and section added.............40153

                                  2019

40 CFR
                                                                   84 FR
                                                                    Page
Chapter I
61 Notification....................................................47882
61.04 (b)(36) and (c)(8) revised....................................3111
    Regulation at 84 FR 3111 eff. date delayed to 4-30-19...........8260
    (c)(8) amended..................................................8262
    (a) amended; (b)(8), (21), (23), (31), (41), and (47) revised 
                                                                   34069
    (a) amended....................................................44229
62.02 (d) revised..................................................45657
62.10 Table 1 amended..............................................34069
    Introductory text revised; Table 1 amended..............44230, 45657
62.12 (a) and (b) revised..........................................45658
62.3660 Revised.....................................................3714
62.3670 Revised.....................................................3714
62.3671 Removed.....................................................3714
62.3672 Removed.....................................................3714
62.4183 Undesignated center heading and section added...............8263
62.5880 Undesignated center heading and section added...............8003
62.5890 Undesignated center heading and section added...............8003
62.6350 (b)(7) added; (c) revised..................................16407
62.6351 Revised....................................................16407
62.9690 Undesignated center heading and section added..............15962
62.7855 Revised....................................................47901
62.7856 Revised....................................................47901
62.12125 Revised...................................................64431
62.12126 Revised...................................................64432
62.12127 Revised...................................................64432

                                  2020

40 CFR
                                                                   85 FR
                                                                    Page
Chapter I
61 State authority delegations......................................5574
61.04 (c)(9)(i) table and (iv) table amended........................8758
    (c)(6)(vi) revised.............................................57743
61 Appendix B amended..............................................63418
62.107 Undesignated center heading removed; section revised.........1120
62.600 Revised...............................................9389, 45329
62.601 Revised...............................................9390, 45329
62.602 Revised...............................................9390, 45329
62.867 Undesignated center heading and section added...............72968
62.1100 (b)(3)(i) introductory text and (vi) introductory text 
        amended; (b)(3)(i)(a), (b), (c), and (vi)(a) through (d) 
        redesignated as (b)(3)(i)(A), (B), (C), and (vi)(A) 
        through (D); (b)(7) and (d) added...........................1123
62.1115 Revised.....................................................1123
62.1950 Revised.....................................................9675
62.1951 Revised.....................................................9675
62.1952 Revised.....................................................9675
62.2140 Revised....................................................74890
62.7890 Revised....................................................72968
62.7894 Undesignated center heading and section added...............2317
62.7894 Regulation at 85 FR 2316 withdrawn.........................16270
62.9350 (b)(5) revised.............................................63449
62.9510 Revised....................................................63449
62.9511 Added......................................................63449
62.9512 Added......................................................63449
62.9633 Revised....................................................74890
62.10630 Undesignated center heading removed; section revised.......1125
62.11485 Revised...................................................16559

[[Page 682]]

62.11660--61.11662 Undesignated center heading added; eff. 7-23-20
                                                                   37570
62.11660 Added; eff. 7-23-20.......................................37570
62.11661 Added; eff. 7-23-20.......................................37570
62.11662 Added; eff. 7-23-20.......................................37570

                                  2021

40 CFR
                                                                   86 FR
                                                                    Page
Chapter I
62.13 (b) revised; (f) through (j) added...........................27769
62.868 Undesignated center heading and section added...............12110
62.1115 (b)(2) added...............................................27769
62.1350 Revised....................................................62100
62.1351 Revised....................................................62100
62.1352 Revised....................................................62100
62.1490 Undesignated center heading and section added..............62100
62.4620 (b)(5) and (c)(6) removed..................................12110
62.4633 Undesignated center heading and section revised............12110
62.4634 Undesignated center heading and section removed............12110
62.4675 Undesignated center heading added..........................22876
62.4690 Undesignated center heading and section added...............8700
62.4690 Correction: Undesignated center heading and section 
        removed....................................................13459
62.4995 Undesignated center heading and section added...............9023
62.5170 Correction: Undesignated center heading and section added 
                                                                   13459
62.5340 Undesignated center heading removed; section revised.......59858
62.5425 (a)(1) removed.............................................59858
62.7870 Revised....................................................12110
62.7893 Undesignated center heading and section added..............17545
62.8103 (d) through (g) added......................................49484
62.8104 Revised....................................................46991
62.8600 Revised....................................................35408
62.8601 Revised....................................................35408
62.8602 Revised....................................................35408
62.8610 Revised....................................................35408
62.8611 Removed....................................................35408
62.8612 Removed....................................................35408
62.8630 Revised....................................................35408
62.8631 Revised....................................................35408
62.8632 Revised....................................................35408
62.8700 Undesignated center heading and section added..............35408
62.9985 Revised.....................................................9023
62.10350 Revised...................................................16540
62.10351 Revised...................................................16540
62.10352 Revised...................................................16540
62.10353 Added.....................................................16540
62.12360 Revised...................................................24731
62.16710--62.16730 (Subpart OOO) Added.............................27770

                                  2022

   (Regulations published from January 1, 2022, through July 1, 2022)

40 CFR
                                                                   87 FR
                                                                    Page
Chapter I
61.04 (b)(43) revised; eff. 7-18-22................................30108
62.10360 Revised; eff. 7-18-22.....................................30108
62.10361 Removed; eff. 7-18-22.....................................30108
62.10362 Removed; eff. 7-18-22.....................................30108
62.10850 (b)(5) and (c)(5) added...................................26683
62.10900--62.10901 Undesignated center heading added...............26683
62.10900 Added.....................................................26683
62.16712 (b) and (c) introductory text revised......................8203
62.16714 (a)(4) revised.............................................8203
62.16730 Amended....................................................8203


                                  [all]