[Federal Register Volume 66, Number 221 (Thursday, November 15, 2001)]
[Notices]
[Pages 57453-57456]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-28632]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-7102-2]


Recent Posting of Agency Regulatory Interpretations Pertaining to 
Applicability and Monitoring for Standards of Performance for New 
Stationary Sources and National Emission Standards for Hazardous Air 
Pollutants to the Applicability Determination Index (ADI) Database 
System

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Availability.

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SUMMARY: In accordance with the Administrative Procedure Act (5 U.S.C. 
552(a)), and the Clean Air Act provisions for judicial review (42 
U.S.C. 7607(b)), this notice announces interpretations of applicability 
and alternative monitoring decisions that have been made by the EPA 
under the New Source Performance Standards (NSPS), and the National 
Emission Standards for Hazardous Air Pollutants (NESHAP).

DATES: Comments on any of the documents posted on the ADI database 
system must be submitted on or before January 14, 2002.

ADDRESSES: Comments may be submitted to the attention of Maria Malave; 
Mail Code 2223A; Compliance Assessment and Media Programs Division, 
Office of Compliance, Office of Enforcement and Compliance Assurance, 
U.S. Environmental Protection Agency, 401 M Street SW., Washington, DC 
20460 or send via E-mail to [email protected]. 

[[Page 57454]]


FOR FURTHER INFORMATION CONTACT: An electronic copy of the complete 
document posted on the ADI database system is available on the Internet 
through the Applicability Determination Index (ADI) at: http://es.epa.gov/oeca/eptdd/adi.html. The document may be located by date, 
author, subpart, or subject search. For questions about the ADI or this 
notice, contact Maria Malave at EPA by phone at: (202) 564-7027, or by 
email at: [email protected]. For technical questions about 
the individual applicability determinations or monitoring decisions, 
refer to the contact person identified in the individual documents, or 
in the absence of a contact person, refer to the author of the 
document.

SUPPLEMENTARY INFORMATION:

Background

    The NSPS (40 CFR part 60) and the NESHAP (40 CFR parts 61 and 63) 
provide that a source owner or operator may request a determination of 
whether certain actions constitute the commencement of construction, 
reconstruction, or modification. EPA's written responses to these 
inquiries are broadly termed applicability determinations. See 40 CFR 
60.5 and 61.06. The NSPS and NESHAP also allow sources to seek 
permission to use monitoring or recordkeeping which is different from 
the promulgated requirements. See 40 CFR 60.13(i), 61.14(g), 
63.8(b)(1), 63.8(f), and 63.10(f). EPA's written response to these 
inquiries are broadly termed alternative monitoring. Further, EPA 
responds to written inquiries about the broad range of NSPS and NESHAP 
regulatory requirements as they pertain to a whole source category. 
These inquiries may pertain, for example, to the type of sources for 
which a regulation is applicable, or clarification of the applicable 
testing, monitoring, recordkeeping or reporting requirements.
    EPA currently compiles EPA-issued NSPS and NESHAP regulatory 
interpretations pertaining to applicability determinations and 
alternative monitoring, and posts them on the Applicability 
Determination Index (ADI) on a quarterly basis. The ADI is an 
electronic index on the Internet with over one thousand EPA letters and 
memoranda pertaining to the applicability, monitoring, recordkeeping, 
and reporting requirements of the NSPS and NESHAP. The letters and 
memoranda may be searched by date, office of issuance, subpart, 
citation, or by string word searches.
    Today's notice comprises a summary of 24 of such documents added to 
the ADI on August 31, 2001. The subject, author, recipient, and date 
(header) of each letter and memoranda is listed in this notice, as well 
as a brief abstract of the letter or memoranda. Complete copies of 
these documents may be obtained from the ADI at: http://es.epa.gov/oeca/eptdd/adi.html. 

Summary of Headers and Abstracts

    The following table identifies the database control number for each 
document posted on the ADI database system on August 31, 2001, the 
applicable category; the subpart(s) of 40 CFR part 60, 61, or 63 (as 
applicable) covered by the document; and the title of the document 
which provides a brief description of the subject matter. We have also 
included a summary of each abstract identified with its control number 
after the table.

                                 ADI Determinations Uploaded on August 31, 2001
----------------------------------------------------------------------------------------------------------------
             Control No.                       Category               Subpart                   Title
----------------------------------------------------------------------------------------------------------------
A010001..............................  Asbestos...............  M                   Single family house with
                                                                                     asbestos containing floor
                                                                                     tile.
A010002..............................  Asbestos...............  M                   State authority regarding
                                                                                     single-family house with
                                                                                     asbestos.
M010012..............................  MACT...................  N                   Applicability to process
                                                                                     without chromic acid use.
M010013..............................  MACT...................  S                   Alternative monitoring for
                                                                                     pulp & paper closed vent
                                                                                     systems.
M010014..............................  MACT...................  S, A                Alternative monitoring/
                                                                                     inspection for closed vent
                                                                                     systems.
M010015..............................  MACT...................  T                   Halogenated solvent cleaning
                                                                                     alternative method of
                                                                                     compliance.
M010016..............................  MACT...................  S                   Alternative monitoring for
                                                                                     pulp & paper closed vent
                                                                                     systems.
M010017..............................  MACT...................  B                   Circumvention & case-by-case
                                                                                     MACT determinations.
Z010003..............................  NESHAP.................  H, I                Application of Subpart H to
                                                                                     DOE owned, NRC licensed
                                                                                     facility.
Z010004..............................  NESHAP.................  H                   Alternative method of
                                                                                     determining compliance
                                                                                     under Subpart H.
0100039..............................  NSPS...................  Kb                  Subpart Kb application to
                                                                                     wastewater detoxification
                                                                                     tanks.
0100040..............................  NSPS...................  A, B, Ce            Alternative monitoring of
                                                                                     HCI emissions-hospital
                                                                                     incinerator.
0100052..............................  NSPS...................  Db                  Alternative monitoring for
                                                                                     burning pulp mill stripper
                                                                                     off gases.
0100041..............................  NSPS...................  RR                  Subpart RR testing/waiver
                                                                                     exemption.
0100042..............................  NSPS...................  GG                  Subpart GG alternative
                                                                                     monitoring plan.
0100043..............................  NSPS...................  A, Dc               Shorter sampling time for
                                                                                     initial performance
                                                                                     testing.
0100044..............................  NSPS...................  A                   Modification issues for
                                                                                     dense pack turbine project.
0100045..............................  NSPS...................  Da                  Approval of RATA schedule
                                                                                     for Subpart Da boiler.
0100046..............................  NSPS...................  GG                  Approval of alternative
                                                                                     monitoring plan under
                                                                                     Subpart GG.
0100047..............................  NSPS...................  WWW                 Use of a natural attenuation
                                                                                     factor.
0100048..............................  NSPS...................  GG                  Request for alternative
                                                                                     monitoring under Subpart
                                                                                     GG.
0100049..............................  NSPS...................  A, Db               Commencement of
                                                                                     construction.
0100050..............................  NSPS...................  Dc, A               Request for alternative fuel
                                                                                     usage recordkeeping plan.
0100051..............................  NSPS...................  GG                  Request for custom fuel
                                                                                     monitoring schedule under
                                                                                     Subpart GG.
----------------------------------------------------------------------------------------------------------------

Abstracts

    Abstract for (A010001):
    Q1. Does the asbestos NESHAP regulation apply to single family 
homes?
    A1. The asbestos NESHAP program applies to ``facilities'' which 
include, institutional, commercial, public, industrial, or residential 
structures, i.e., apartments, condominiums, cooperatives. A single 
family residence or a residential building having four or fewer 
dwelling units is not subject to the asbestos NESHAP requirements.
    Q2. If asbestos containing floor tile and mastic were removed by a 
jackhammer, would the resulting friable asbestos waste material be 
subject to the asbestos NESHAP regulations?
    A2. If a contractor removes greater than 160 square feet of 
asbestos

[[Page 57455]]

containing material (ACM) by using a jackhammer, the resulting waste 
material is subject to the asbestos NESHAP. However, in your situation, 
the asbestos NESHAP would not apply. The ``All Other Asbestos 
Projects'' citation from the COMAR may apply to your situation.
    Q3. What is the definition of ``hand pressure''?
    A3. There is no definition for ``hand pressure'' in the asbestos 
NESHAP regulations. There is a reference to ``hand pressure'' under the 
definition for regulated asbestos containing material. In a July 1992 
applicability determination, the Agency wrote that vinyl asbestos tile 
in good condition, if subject to certain forces, i.e., mechanical, 
weather or aging can be weakened to the point where it can become 
friable because it can be crumbled, pulverized or reduced to powder by 
hand pressure. Using the jackhammer on asbestos containing tile has a 
high probability for significant fiber release. The tile becomes 
regulated asbestos containing material and subject to the asbestos 
NESHAP because using a jackhammer grinds or abrades the normally non-
friable material.
    Abstract for (A0100020):
    Q: Why would a State and not the EPA have jurisdiction over 
asbestos in the case of a single-family home?
    A: Single-family homes are not considered ``facilities'' under the 
asbestos NESHAP, thus no Federal laws or regulations are implicated. In 
addition, the State in this case has an equivalent asbestos NESHAP 
program, to which EPA generally defers. Thus, the State takes the lead 
in implementing the asbestos NESHAP program in the State. The 
determination letter provides further guidance on technical issues.
    Abstract for (M010012):
    Q. A facility operates a tank to produce a protective conversion 
coating on magnesium parts using an anodic process but no chromic acid 
is added to the tank. Is the tank subject to the Chromium NESHAP?
    A. No. Chromium anodizing is defined under Subpart N 40 CFR 63.341 
as the electrolytic process by which an oxide layer is produced on the 
surface of a base metal for functional purposes using a chromic acid 
solution. Because the facility does not use a chromic acid solution in 
the tank, EPA has concluded that this process is not an anodizing 
process that is regulated by the Chromium NESHAP.
    Abstract for (M010013):
    Q. Can continuous monitoring of vacuum indication on the negative 
pressure sections for both the Low Volume High Concentration (LVHC) and 
High Volume Low Concentration (HVLC) gas collection systems be used 
instead of conducting the 30-day inspections required by MACT for 
closed vent systems specified in 40 CFR 63.453(k)(2)?
    A. Yes. EPA will approve an alternative monitoring method proposed 
to continuously monitor vacuum indication on the negative pressure 
sections for both the LVHC and HVLC collection systems with an 
additional requirement to perform a visual area survey once a quarter 
after loss of vacuum.
    Abstract for (M010014):
    Q. Will EPA approve a proposal to inspect the closed-vent and 
closed collection systems once every calendar month, with at least 14 
days elapsed time between inspections, instead of once every 30 days as 
specified in 40 CFR 63.453(k) and (l)?
    A. Yes.
    Abstract for (M010015):
    Q. Will EPA approve an ``alternative standard'' in accordance with 
40 CFR 63.464(d) for measuring compliance with 40 CFR Part 63, subpart 
T?
    A. Yes. EPA will approve an alternative method of compliance that 
includes additional monitoring parameters.
    Abstract for (M010016):
    Q. Can amperage loading on the scrubber fan be used instead of gas 
scrubber vent gas inlet flow rate measurements to ensure compliance 
with the HAP removal requirements of 40 CFR 63.445?
    A. Yes, provided the appropriate monitoring values for the vent gas 
motor amperage established during the initial performance test are 
approved by the designated regulatory agency.
    Abstract for (M010017):
    Q: What is the time period that EPA considers when acting on an 
application for a new synthetic minor permit or a change to an existing 
synthetic minor permit for purposes of circumvention of 112(g)?
    A: The EPA views any new construction, any proposal for new 
construction, or any relaxation of synthetic minor limits within 5 
years of the initial permit as evidence of a potential phased 
construction for a source.
    Abstract for (Z010003):
    Q: Will a facility which is both owned by the Department of Energy 
(DOE) and licensed and regulated by the Nuclear Regulatory Commission 
(NRC) be subject to 40 CFR part 61, subpart H?
    A: Yes. Subpart H applies to any facility which is owned or 
operated by the DOE.
    Abstract for (Z010004):
    Q: Are high-volume air samplers an acceptable alternative to 
continuous stack monitoring for demonstrating compliance with 40 CFR 
Part 61, subpart H?
    A: Yes. The proposal meets the criteria specified in 40 CFR 
61.93(b)(5).
    Abstract for (0100039):
    Q. Is NSPS subpart Kb applicable to three existing 100,000 gallon 
wastewater detoxification tanks?
    A. No. For reasons other than those submitted by the company, EPA 
agrees that NSPS subpart Kb does not apply to the tanks. See the letter 
below for EPA's discussion of all pertinent and specific information 
used in this determination. The letter also addresses and discusses why 
the reasons submitted by the company to try to support this decision 
were not used.
    Abstract for (0100040):
    Q1: Does the Federal hospital/medical/infectious waste incinerator 
(HMIWI) section 111(d)/129 plan, subpart HHH, allow the use of 
continuous emission monitoring systems (CEMS) for determining 
compliance with the HCl emissions limitation instead of the stipulated 
methods--monitoring sorbent flow rates and use of EPA Reference Test 
Method 26?
    A1: Yes, 40 CFR 62.14452(l) allows use of CEMS to demonstrate 
compliance with the HCl emissions limitation, providing the HMIWI 
owner/operator: (1) Determines compliance using a 12-hour rolling 
average, calculated each hour as the average of the previous 12 
operating hours (not including startup, shutdown, or malfunction); (2) 
determines the measured HCl concentrations on an adjusted basis, 7 
percent oxygen, dry; and (3) operates the CEMS in accordance with 
applicable EPA performance specifications, quality assurance and 
quality control requirements under appendices B and F of 40 CFR part 
60.
    Q2: Because EPA has not promulgated performance specifications, 
quality assurance and quality control requirements for hydrogen 
chloride CEMS, can EPA now approve a request for use of CEMS to 
determine HCl emission rates and compliance with subpart HHH?
    A2: Yes, providing the alternative HCl monitoring request includes 
or references acceptable performance specifications (PS), and quality 
assurance/quality control (QA/QC) requirements. EPA has determined that 
the proposed use of the Pennsylvania Department of Environmental 
Protection (PADEP) CEMS manual, Revision No. 6, January 1996 will 
provide acceptable PS and QA/QC requirements.

[[Page 57456]]

    Abstract for (0100041):
    Q: Will EPA grant a facility a testing waiver/extension for its 
reconstructed 3L coating line and associated thermal oxidizer where the 
facility would be required to test the same line to show compliance 
with other State and federal regulations within a ``short'' period of 
time?
    A: No. EPA will not grant a testing waiver/extension because the 
eighteen months between the required subpart RR compliance test and the 
deadline date for the MPCA test is too long.
    Abstract for (0100042):
    Q1: Will monitoring of fuel nitrogen content be required if natural 
gas is the only fuel fired in each turbine?
    A1: No.
    Q2: Will daily monitoring of sulfur be required if only pipeline 
quality natural gas is fired?
    A2: No. The monitoring schedule from U.S. EPA's national guidance 
for subpart GG, dated August 14, 1987, should be used for sulfur 
monitoring when natural gas is fired.
    Abstract for (0100043):
    Q: May the sampling time for Method 9 opacity testing while burning 
fuel oil in a boiler be reduced to one hour per boiler?
    A: Yes. In this particular case, the shorter test sampling time may 
be reduced to one hour for Boilers 4 and 5 while burning fuel oil 
because the construction permit is so restrictive that 3 hours of 
initial performance testing would consume a significant portion of the 
annual operating time allowed for these boilers while burning fuel oil.
    Abstract for (0100044):
    Q: Does the installation of Dense Pack turbine blades constitute a 
modification?
    A: Probably not. Although such a project would constitute a 
nonroutine physical change under PSD, it would not be a modification 
under PSD (as well as NSPS) if there were not an associated emissions 
increase as defined under the respective PSD and NSPS rules.
    Abstract for (0100045):
    Q: Will EPA allow a reduced frequency of Relative Accuracy Test 
Audits (RATAs) for an infrequently operated boiler?
    A: Yes. In this particular case, the boiler is operated only 8 days 
per year as a peaking unit. EPA believes that it is reasonable to 
provide for some reduction in quality assurance testing for the 
continuous emissions monitors, as long as the boiler meets acid rain 
program requirements at 40 CFR Part 75, and operates as a peaker.
    Abstract for (0100046):
    Q: Will EPA relieve a facility that uses only pipeline quality 
natural gas of the nitrogen monitoring requirements?
    A: Yes.
    Q: May a facility use the sulfur monitoring requirements in 
sections 2.3.1.4 and 2.3.3.1 of Appendix D to Part 75 in lieu of 40 CFR 
60.334(b) and 60.335(a)?
    A: Yes.
    Q: Is a nitrogen CEM a permissible alternative to the monitoring 
requirements at 40 CFR 60.334(a) and 60.335(c)(2)?
    A: Yes.
    Abstract for (0100047):
    Q: May a landfill use a natural attenuation factor for fugitive 
landfill gas control for the purpose of State fee reports and emission 
inventories?
    A: No. Natural attenuation was evaluated during the rulemaking 
process for 40 CFR part 60, subpart WWW. Analysis by the U.S. EPA 
determined that there was insufficient oxygen and residence time for 
aerobic biofiltration to be a significant removal pathway.
    Abstract for (0100048):
    Q1: Is nitrogen monitoring of either natural gas or landfill gas 
required?
    A1: Nitrogen monitoring of landfill quality natural gas is not 
required. Nitrogen monitoring of landfill gas will be waived if EPA 
receives adequate information that the landfill gas in question 
contains very little fuel-bound nitrogen.
    Q2: Will EPA permit a facility not to perform sulfur monitoring 
when natural gas and landfill gas are used?
    A2: No. However, this particular facility provided data on the 
sulfur content of each type of fuel. This data showed that the sulfur 
content was minimal. Therefore, the facility may begin at semi-annual 
testing.
    Abstract for (0100049):
    Q: Did Tenneco commence construction when it internally obligated 
funds for the purpose of modifying a boiler prior to June 19, 1984, 
thereby not triggering NSPS, subpart Db applicability?
    A: No. For the purposes of subpart A, there was no contractual 
obligation to construct an affected facility.
    Q: Does the installation of sampling ports on a boiler constitute 
commencement of construction?
    A: No. The ports were installed to gather data for planning and 
design work, or other unrelated activities, which does not constitute 
commencement of construction, reconstruction, or modification.
    Abstract for (0100050):
    Q: Will EPA grant Tyson Foods an alternative fuel usage 
recordkeeping plan under subpart Dc?
    A: Yes. The specific recordkeeping requirements for the facility 
are included in Attachment A to the response letter.
    Abstract for (0100051):
    Q1: Will EPA approve the waiver of monitoring fuel bound nitrogen 
for facilities using only pipeline quality natural gas?
    A1: Yes.
    Q2: What should the sulfur monitoring schedule be for peaking-only 
units that use only natural gas and operate only during the summer 
months?
    A2: These types of peaking units test once per month during the 
initial ozone season (May-September). If this shows little variability, 
then sulfur monitoring should be conducted once per season thereafter.
    Abstract for (0100052):
    Q: A company intends to burn stripper off gases (SOGs) from pulping 
processes in a boiler subject to subpart Db, which would cause the 
facility to exceed the subpart Db NOX emission limits. The 
company requests permission to use an alternative monitoring procedure 
for NOX which will consist of correcting the continuous 
NOX monitoring data by subtracting the NOX 
contribution from burning SOGs. Is this acceptable?
    A: No. Since the combustion of SOGs in the boiler is not exempt 
from NSPS subpart Db, the proposed alternative monitoring procedure is 
not acceptable. However, EPA's OAQPS has agreed to initiate rulemaking 
to amend the subpart Db regulation to allow the establishment of an 
alternative NOX standard for pulp mills, similar to the 
provision in 40 CFR 60.44b(f) for chemical manufacturing plants and 
petroleum refineries which combust byproduct/waste.

    Dated: November 6, 2001.
Michael M. Stahl,
Director, Office of Compliance.
[FR Doc. 01-28632 Filed 11-14-01; 8:45 am]
BILLING CODE 6560-50-P