[Title 40 CFR ]
[Code of Federal Regulations (annual edition) - July 1, 2010 Edition]
[From the U.S. Government Printing Office]



[[Page i]]

          

          40


          Parts 61 to 62

                         Revised as of July 1, 2010


          Protection of Environment
          



________________________

          Containing a codification of documents of general 
          applicability and future effect

          As of July 1, 2010
          With Ancillaries
                    Published by
                    Office of the Federal Register
                    National Archives and Records
                    Administration
                    A Special Edition of the Federal Register

[[Page ii]]

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[[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........................     539
      Alphabetical List of Agencies Appearing in the CFR......     559
      List of CFR Sections Affected...........................     569

[[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 
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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 
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states a date certain for expiration, an appropriate note will be 
inserted following the text.

OMB CONTROL NUMBERS

    The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires 
Federal agencies to display an OMB control number with their information 
collection request.

[[Page vi]]

Many agencies have begun publishing numerous OMB control numbers as 
amendments to existing regulations in the CFR. These OMB numbers are 
placed as close as possible to the applicable recordkeeping or reporting 
requirements.

OBSOLETE PROVISIONS

    Provisions that become obsolete before the revision date stated on 
the cover of each volume are not carried. Code users may find the text 
of provisions in effect on a given date in the past by using the 
appropriate numerical list of sections affected. For the period before 
January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in eleven separate 
volumes. For the period beginning January 1, 2001, a ``List of CFR 
Sections Affected'' is published at the end of each CFR volume.

``[RESERVED]'' TERMINOLOGY

    The term ``[Reserved]'' is used as a place holder within the Code of 
Federal Regulations. An agency may add regulatory information at a 
``[Reserved]'' location at any time. Occasionally ``[Reserved]'' is used 
editorially to indicate that a portion of the CFR was left vacant and 
not accidentally dropped due to a printing or computer error.

INCORPORATION BY REFERENCE

    What is incorporation by reference? Incorporation by reference was 
established by statute and allows Federal agencies to meet the 
requirement to publish regulations in the Federal Register by referring 
to materials already published elsewhere. For an incorporation to be 
valid, the Director of the Federal Register must approve it. The legal 
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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 
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CFR INDEXES AND TABULAR GUIDES

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and Finding Aids. This volume contains the Parallel Table of Authorities 
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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.

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    Raymond A. Mosley,
    Director,
    Office of the Federal Register.
    July 1, 2010.







[[Page ix]]



                               THIS TITLE

    Title 40--Protection of Environment is composed of thirty-two 
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-end 
of part 52), parts 53-59, part 60 (60.1-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 
72-80, parts 81-84, part 85-Sec.  86.599-99, part 86 (86.600-1-end of 
part 86), parts 87-99, 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 700-789, parts 790-999, and part 1000 to end. 
The contents of these volumes represent all current regulations codified 
under this title of the CFR as of July 1, 2010.

    Chapter I--Environmental Protection Agency appears in all thirty-two 
volumes. Regulations issued by the Council on Environmental Quality, 
including an Index to Parts 1500 through 1508, appear in the volume 
containing part 1000 to end. The OMB control numbers for title 40 appear 
in Sec.  9.1 of this chapter.

    For this volume, Michele Bugenhagen was Chief Editor. The Code of 
Federal Regulations publication program is under the direction of 
Michael L. White, assisted by Ann Worley.


[[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....         332

[[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 M--Interpretive Rule Governing Roof Removal 
          Operations

  Subpart N_National Emission Standard for Inorganic Arsenic Emissions 
                     From Glass Manufacturing Plants

61.160 Applicability and designation of source.
61.161 Definitions.
61.162 Emission limits.
61.163 Emission monitoring.
61.164 Test methods and procedures.
61.165 Reporting and recordkeeping requirements.

  Subpart O_National Emission Standard for Inorganic Arsenic Emissions 
                      From Primary Copper Smelters

61.170 Applicability and designation of source.
61.171 Definitions.
61.172 Standard for new and existing sources.
61.173 Compliance provisions.
61.174 Test methods and procedures.
61.175 Monitoring requirements.
61.176 Recordkeeping requirements.
61.177 Reporting requirements.

  Subpart P_National Emission Standard for Inorganic Arsenic Emissions 
    From Arsenic Trioxide and Metallic Arsenic Production Facilities

61.180 Applicability and designation of sources.
61.181 Definitions.
61.182 Standard for new and existing sources.
61.183 Emission monitoring.
61.184 Ambient air monitoring for inorganic arsenic.
61.185 Recordkeeping requirements.

[[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 and 7719, Mar. 5, 
1986; 51 FR 11022, Apr. 1, 1986; 52 FR 37617, Oct. 8, 1987; 59 FR 12429, 
Mar. 16, 1994]



Sec.  61.02  Definitions.

    The terms used in this part are defined in the Act or in this 
section as follows:
    Act means the Clean Air Act (42 U.S.C. 7401 et seq.).
    Administrator means the Administrator of the Environmental 
Protection Agency or his authorized representative.
    Alternative method means any method of sampling and analyzing for an 
air pollutant which is not a reference method but which has been 
demonstrated to the Administrator's satisfaction to produce results 
adequate for the Administrator's determination of compliance.
    Approved permit program means a State permit program approved by the 
Administrator as meeting the requirements of part 70 of this chapter or 
a Federal permit program established in this chapter pursuant to title V 
of the Act (42 U.S.C. 7661).
    Capital expenditure means an expenditure for a physical or 
operational change to a stationary source which exceeds the product of 
the applicable ``annual asset guideline repair allowance percentage'' 
specified in the latest edition of Internal Revenue Service (IRS) 
Publication 534 and the stationary source's basis, as defined by section 
1012 of the Internal Revenue Code. However, the total expenditure for a 
physical or operational change to a stationary source must not be 
reduced by any ``excluded additions'' as defined for stationary sources 
constructed after December 31, 1981, in IRS Publication 534, as would be 
done for tax purposes. In addition, ``annual asset guideline repair 
allowance'' may be used even though it is excluded for tax purposes in 
IRS Publication 534.
    Commenced means, with respect to the definition of ``new source'' in 
section 111(a)(2) of the Act, that an owner or operator has undertaken a 
continuous program of construction or modification or that an owner or 
operator has entered into a contractual obligation to undertake and 
complete, within a reasonable time, a continuous program of construction 
or modification.
    Compliance schedule means the date or dates by which a source or 
category of sources is required to comply with the standards of this 
part and with any steps toward such compliance which are set forth in a 
waiver of compliance under Sec.  61.11.
    Construction means fabrication, erection, or installation of an 
affected facility.
    Effective date is the date of promulgation in the Federal Register 
of an applicable standard or other regulation under this part.
    Existing source means any stationary source which is not a new 
source.
    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, Air Management Division, U.S. Environmental 
Protection Agency, John F. Kennedy Federal Building, Boston, MA 02203.
Region II (New Jersey, New York, Puerto Rico, Virgin Islands), Director, 
Air and Waste Management Division, U.S. Environmental Protection Agency, 
Federal Office Building, 26 Federal Plaza (Foley Square), New York, NY 
10278.
Region III (Delaware, District of Columbia, Maryland, Pennsylvania, 
Virginia, West Virginia), Director, Air Protection Division, Mail Code 
3AP00, 1650 Arch Street, Philadelphia, PA 19103-2029.
Region IV (Alabama, Florida, Georgia, Kentucky, Mississippi, North 
Carolina, South Carolina, Tennessee), Director, Air and Waste Management 
Division, U.S. Environmental Protection Agency, 345 Courtland Street, 
NE., Atlanta, GA 30365.
Region V (Illinois, Indiana, Michigan, Minnesota, Ohio, Wisconsin), 
Director, Air and Radiation Division, U.S. Environmental Protection 
Agency, 77 West Jackson Boulevard, Chicago, IL 60604-3590.
Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas); Director; 
Air, Pesticides, and Toxics Division; U.S. Environmental Protection 
Agency, 1445 Ross Avenue, Dallas, TX 75202.
Region VII (Iowa, Kansas, Missouri, Nebraska), Director, Air, RCRA, and 
Toxics Division, U.S. Environmental Protection Agency, 901 N. 5th 
Street, Kansas City, KS 66101.
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 (American Samoa, Arizona, California, Guam, Hawaii, Nevada), 
Director, Air Division, U.S. Environmental Protection Agency, 75 
Hawthorne Street, San Francisco, CA 94105.
Region X (Alaska, Idaho, Oregon, Washington), Director, Office of Air 
Quality, U.S. Environmental Protection Agency, 1200 Sixth Avenue (OAQ-
107), Seattle, WA 98101.

    (b) Section 112(d) of the Act directs the Administrator to delegate 
to each State, when appropriate, the authority to implement and enforce 
national emission standards for hazardous air pollutants for stationary 
sources located in such State. If the authority to implement and enforce 
a standard under this part has been delegated to a State, all 
information required to be submitted to EPA under paragraph (a) of this 
section shall also be submitted to the appropriate State agency 
(provided, that each specific delegation may exempt sources from a 
certain Federal or State reporting requirement). The Administrator may 
permit all or some of the information to be submitted to the appropriate 
State agency only, instead of to EPA and the State agency. If acceptable 
to both the Administrator and the owner or operator of a source, 
notifications and reports may be submitted on electronic media. The 
appropriate mailing address for those States whose delegation request 
has been approved is as follows:

(A) [Reserved]
(B) State of Alabama: Alabama Department of Environmental Management, 
          P.O. Box 301463, Montgomery, Alabama 36130-1463.
(C) State of Alaska. (i) Alaska Department of Environmental Conservation 
          (ADEC), 410

[[Page 12]]

          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.
(D) Arizona:
    Arizona Department of Environmental Quality, Office of Air Quality, 
P.O. Box 600, Phoenix, AZ 85001-0600.
    Maricopa County Air Pollution Control, 2406 S. 24th Street, Suite E-
214, Phoenix, AZ 85034.
    Pima County Department of Environmental Quality, 130 West Congress 
Street, 3rd Floor, Tucson, AZ 85701-1317.
    Pinal County Air Quality Control District, Building F, 31 North 
Pinal Street, Florence, AZ 85232.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (c)(9) of this section.

(E) State of Arkansas: Chief, Division of Air Pollution Control, 
          Arkansas Department of Pollution Control and Ecology, 8001 
          National Drive, P.O. Box 9583, Little Rock, AR 72209.
(F) California:
    Amador County Air Pollution Control District, 500 Argonaut Lane, 
Jackson, CA 95642.
    Antelope Valley Air Pollution Control District, 43301 Division 
Street, Suite 206, P.O. Box 4409, Lancaster, CA 93539-4409.
    Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.
    Butte County Air Pollution Control District, 2525 Dominic Drive, 
Suite J, Chico, CA 95928-7184.
    Calaveras County Air Pollution Control District, 891 Mountain Ranch 
Rd., San Andreas, CA 95249.
    Colusa County Air Pollution Control District, 100 Sunrise Blvd., 
Suite F, Colusa, CA 95932-3246.
    El Dorado County Air Pollution Control District, 2850 Fairlane 
Court, Bldg. C, Placerville, CA 95667-4100.
    Feather River Air Quality Management District, 938 14th Street, 
Marysville, CA 95901-4149.
    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.
    Kern County Air Pollution Control District (Southeast Desert), 2700 
M. Street, Suite 302, Bakersfield, CA 93301-2370.
    Lake County Air Quality Management District, 885 Lakeport Blvd., 
Lakeport, CA 95453-5405.
    Lassen County Air Pollution Control District, 175 Russell Avenue, 
Susanville, CA 96130-4215.
    Mariposa County Air Pollution Control District, P.O. Box 5, 
Mariposa, CA 95338.
    Mendocino County Air Pollution Control District, 306 E. Gobbi 
Street, Ukiah, CA 95482-5511.
    Modoc County Air Pollution Control District, 202 W. 4th Street, 
Alturas, CA 96101-3915.
    Mojave Desert Air Quality Management District, 14306 Part Avenue, 
Victorville, CA 92392-2310.
    Monterey Bay Unified Air Pollution Control District, 24580 Silver 
Cloud Ct., Monterey, CA 93940-6536.
    North Coast Unified Air Pollution Control District, 2300 Myrtle 
Avenue, Eureka, CA 95501-3327.
    Northern Sierra Air Quality Management District, 200 Litton Drive, 
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, DeWitt Center, 11464 
``B'' Avenue, Auburn, CA 95603-2603.
    Sacramento Metropolitan Air Quality Management District, 777 12th 
Street, Third Floor, Sacramento, CA 95814-1908.
    San Diego County Air Pollution Control District, 9150 Chesapeake 
Drive, San Diego, CA 92123-1096.
    San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, 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, 26 Castilian 
Drive, B-23, Goleta, CA 93117-3027.
    Shasta County Air Quality Management District, 1855 Placer Street, 
Suite 101, Redding, CA 96001-1759.
    Siskiyou County Air Pollution Control District, 525 So. Foothill 
Drive, Yreka, CA 96097-3036.
    South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182.
    Tehama County Air Pollution Control District, P.O. Box 38 (1750 
Walnut Street), Red Bluff, CA 96080-0038.
    Tuolumne County Air Pollution Control District, 2 South Green 
Street, Sonora, CA 95370-4618.
    Ventura County Air Pollution Control District, 669 County Square 
Drive, Ventura, CA 93003-5417.

[[Page 13]]

    Yolo-Solano Air Quality Management District, 1947 Galileo Ct., 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.

(G) 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.

(H) State of Connecticut, Bureau of Air Management, Department of 
          Environmental Protection, State Office Building, 165 Capitol 
          Avenue, Hartford, CT 06106.
(I) State of Delaware, Department of Natural Resources & Environmental 
          Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 
          19903.
(J) District of Columbia, Department of Public Health, Air Quality 
          Division, 51 N Street, NE., Washington, DC 20002.
(K) State of Florida: Florida Department of Environmental Protection, 
          Division of Air Resources Management, 2600 Blair Stone Road, 
          MS 5500, Tallahassee, Florida 32399-2400.
(L) State of Georgia: Georgia Department of Natural Resources, 
          Environmental Protection Division, 2 Martin Luther King Jr. 
          Drive, SE., Suite 1152 East Floyd Tower, Atlanta, Georgia 
          30334-9000.
(M) Hawaii:
    Hawaii State Agency, Clean Air Branch, 919 Ala Moana Blvd., 3rd 
Floor, Post Office Box 3378, Honolulu HI 96814.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (c)(9) of this section.

(N) 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.
(O) State of Illinois, Bureau of Air, Division of Air Pollution Control, 
          Illinois Environmental Protection Agency, 2200 Churchill Road, 
          Springfield, IL 62794-9276.
(P) State of Indiana, Indiana Department of Environmental Management, 
          100 North Senate Avenue, P.O. Box 6015, Indianapolis, Indiana 
          46206-6015.
(Q) State of Iowa: Iowa Department of Natural Resources, Environmental 
          Protection Division, Air Quality Bureau, 7900 Hickman Road, 
          Suite 1, Urbandale, IA 50322.
(R) State of Kansas: Kansas Department of Health and Environment, Bureau 
          of Air and Radiation, 1000 S.W. Jackson, Suite 310, Topeka, KS 
          66612-1366.
(S) Commonwealth of Kentucky: Commonwealth of Kentucky, Energy and 
          Environment Cabinet, Department of Environmental Protection, 
          Division for Air Quality, 200 Fair Oaks Lane, 1st Floor, 
          Frankfort, Kentucky 40610-1403.
    Louisville Metro Air Pollution Control District, 850 Barret Avenue, 
Louisville, Kentucky 40204.
(T) State of Louisiana: Louisiana Department of Environmental Quality, 
          P.O. Box 4301, Baton Rouge, Louisiana 70821-4301.
(U) State of Maine, Bureau of Air Quality Control, Department of 
          Environmental Protection, State House, Station No. 17, 
          Augusta, ME 04333.
(V) State of Maryland, Department of the Environment, 1800 Washington 
          Boulevard, Suite 705, Baltimore, Maryland 21230.
(W) Commonwealth of Massachusetts, Division of Air Quality Control, 
          Department of Environmental Protection, One Winter Street, 7th 
          floor, Boston, MA 02108.
(X) State of Michigan, Air Quality Division, Michigan Department of 
          Environmental Quality, P.O. Box 30260, Lansing, Michigan 
          48909.
(Y) Minnesota Pollution Control Agency, Division of Air Quality, 520 
          Lafayette Road, St. Paul, MN 55155.
(Z) State of Mississippi: Mississippi Department of Environmental 
          Quality, Office of Pollution Control, Air Division, 515 East 
          Amite Street, Jackson, Mississippi 39201.
(AA) State of Missouri: Missouri Department of Natural Resources, 
          Division of Environmental Quality, P.O. Box 176, Jefferson 
          City, MO 65102.
(BB) State of Montana, Department of Environmental Quality, 1520 E. 6th 
          Ave., PO Box 200901, Helena, MT 59620-0901.

    Note: For a table listing Region VIII's NESHAP delegation status, 
see paragraph (c) of this section.

(CC) State of Nebraska, Nebraska Department of Environmental Control, 
          P.O. Box 94877, State House Station, Lincoln, NE 68509.
    Lincoln-Lancaster County Health Department, Division of 
Environmental Health, 2200 St. Marys Avenue, Lincoln, NE 68502.
(DD) Nevada:
    Nevada State Agency, Air Pollution Control, Bureau of Air Quality/
Division of Environmental Protection, 333 West Nye Lane, Carson City, NV 
89710.
    Clark County Department of Air Quality Management, 500 S. Grand 
Central Parkway, First floor, Las Vegas, NV 89155-1776.

[[Page 14]]

    Washoe County Air Pollution Control, Washoe County District Air 
Quality Management, P.O. Box 11130, 1001 E. Ninth Street, Reno, NV 
89520.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (c)(9) of this section.

(EE) State of New Hampshire, Air Resources Division, Department of 
          Environmental Services, 64 North Main Street, Caller Box 2033, 
          Concord, NH 03302-2033.
(FF) State of New Jersey: New Jersey Department of Environmental 
          Protection, John Fitch Plaza, P.O. Box 2807, Trenton, NJ 
          08625.
(GG) State of New Mexico: New Mexico Environment Department, 1190 St. 
          Francis Drive, P.O. Box 26110, Santa Fe, New Mexico 87502. For 
          a list of delegated standards for New Mexico (excluding 
          Bernalillo County and Indian country), see paragraph (c)(6) of 
          this section.
    (i) Albuquerque-Bernalillo County Air Quality Control Board, c/o 
Environmental Health Department, P.O. Box 1293, Albuquerque, New Mexico 
87103.
    (ii) [Reserved]
(HH) New York: New York State Department of Environmental Conservation, 
          50 Wolf Road, Albany, NY 12233, attention: Division of Air 
          Resources.
(II) State of North Carolina: North Carolina Department of Environment 
          and Natural Resources, Division of Air Quality, 1641 Mail 
          Service Center, Raleigh, North Carolina 27699-1641.
    Forsyth County Environmental Affairs, 537 North Spruce Street, 
Winston-Salem, North Carolina 27101.
    Mecklenburg County Air Quality, 700 N. Tryon St., Suite 205, 
Charlotte, North Carolina 28202-2236.
    Western North Carolina Regional Air Quality Agency, 49 Mount Carmel 
Road, Asheville, North Carolina 28806.
(JJ) State of North Dakota, Division of Air Quality, North Dakota 
          Department of Health, P.O. Box 5520, Bismarck, ND 58506-5520.

    Note: For a table listing Region VIII's NESHAP delegation status, 
see paragraph (c) of this section.

(KK) State of Ohio--
    (i) Medina, Summit and Portage Counties: Director, Akron Regional 
Air Quality Management District, 177 South Broadway, Akron, OH 44308.
    (ii) Stark County: Air Pollution Control Division, 420 Market Avenue 
North, Canton, Ohio 44702-3335.
    (iii) Butler, Clermont, Hamilton, and Warren Counties: Air Program 
Manager, Hamilton County Department of Environmental Services, 1632 
Central Parkway, Cincinnati, Ohio 45210.
    (iv) Cuyahoga County: Commissioner, Department of Public Health & 
Welfare, Division of Air Pollution Control, 1925 Saint Clair, Cleveland, 
Ohio 44114.
    (v) Belmont, Carroll, Columbiana, Harrison, Jefferson, and Monroe 
Counties: Director, North Ohio Valley Air Authority (NOVAA), 814 Adams 
Street, Steubenville, OH 43952.
    (vi) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties: 
Director, Regional Air Pollution Control Agency (RAPCA), 451 West Third 
Street, Dayton, Ohio 45402.
    (vii) Lucas County and the City of Rossford (in Wood County): 
Director, Toledo Environmental Services Agency, 26 Main Street, Toledo, 
OH 43605.
    (viii) Adams, Brown, Lawrence, and Scioto Counties: Engineer-
Director, Air Division, Portsmouth City Health Department, 740 Second 
Street, Portsmouth, OH 45662.
    (ix) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton, 
Hancock, Hardin, Henry, Huron, Marion, Mercer, Ottawa, Paulding, Putnam, 
Richland, Sandusky, Seneca, Van Wert, Williams, Wood (except City of 
Rossford), and Wyandot Counties: Ohio Environmental Protection Agency, 
Northwest District Office, Air Pollution Control, 347 Dunbridge Rd., 
Bowling Green, Ohio 43402.
    (x) Ashtabula, Holmes, Lorain, and Wayne Counties: Ohio 
Environmental Protection Agency, Northeast District Office, Air 
Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087.
    (xi) Athens, Coshocton, Gallia, Guernsey, Hocking, Jackson, Meigs, 
Morgan, Muskingum, Noble, Perry, Pike, Ross, Tuscarawas, Vinton, and 
Washington Counties: Ohio Environmental Protection Agency, Southeast 
District Office, Air Pollution Unit, 2195 Front Street, Logan, OH 43138.
    (xii) Champaign, Clinton, Highland, Logan, and Shelby Counties: Ohio 
Environmental Protection Agency, Southwest District Office, Air 
Pollution Unit, 401 East Fifth Street, Dayton, Ohio 45402-2911.
    (xiii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking, 
Madison, Morrow, Pickaway, and Union Counties: Ohio Environmental 
Protection Agency, Central District Office, Air Pollution Control, 3232 
Alum Creek Drive, Columbus, Ohio, 43207-3417.
    (xiv) Geauga and Lake Counties: Lake County General Health District, 
Air Pollution Control, 105 Main Street, Painesville, OH 44077.
    (xv) Mahoning and Trumbull Counties: Mahoning-Trumbull Air Pollution 
Control Agency, 9 West Front Street, Youngstown, OH 44503.

[[Page 15]]

(LL) 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 
          (excluding Indian country), see paragraph (c)(6) of this 
          section.
    (i) Oklahoma City and County: Director, Oklahoma City-County Health 
Department, 921 Northeast 23rd Street, Oklahoma City, OK 73105.
    (ii) Tulsa County: Tulsa City-County Health Department, 4616 East 
Fifteenth Street, Tulsa, OK 74112.
(MM) State of Oregon. (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.
(NN)(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.
(OO) State of Rhode Island, Division of Air and Hazardous Materials, 
          Department of Environmental Management, 291 Promenade Street, 
          Providence, RI 02908.
(PP) State of South Carolina: South Carolina Department of Health and 
          Environmental Control, 2600 Bull St., Columbia, South Carolina 
          29201.
(QQ) State of South Dakota, Department of Water and Natural Resources, 
          Office of Air Quality and Solid Waste, Joe Foss Building, 523 
          East Capitol, Pierre, SD 57501-3181.

    Note: For a table listing Region VIII's NESHAPs delegation status, 
see paragraph (c) of this section.

(RR) State of Tennessee: Tennessee Department of Environment and 
          Conservation, Division of Air Pollution Control, 401 Church 
          Street, 9th Floor, L&C Annex, Nashville, Tennessee 37243-1531.
    Knox County Air Quality Management--Department of Public Health, 140 
Dameron Avenue, Knoxville, Tennessee 37917.
    Air Pollution Control Bureau, Metropolitan Health Department, 311 
23rd Avenue North, Nashville, Tennessee 37203.
    Chattanooga-Hamilton County Air Pollution Control Bureau, 6125 
Preservation Drive, Chattanooga, Tennessee 37416.
    Memphis-Shelby County Health Department--Air Pollution Control 
Program, 814 Jefferson Avenue, Memphis, Tennessee 38105.
(SS) State of Texas, Texas Air Control Board, 6330 Highway 290 East, 
          Austin, TX 78723.
(TT) 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.

(UU) State of Vermont, Air Pollution Control Division, Agency of Natural 
          Resources, Building 3 South, 103 South Main Street, Waterbury, 
          VT 05676.
(VV) Commonwealth of Virginia, Department of Environmental Quality, 629 
          East Main Street, Richmond, Virginia 23219.
(WW) State of Washington. (i) Washington State Department of Ecology 
          (Ecology), P.O. Box 47600, Olympia, WA 98504-7600, http://
          www.ecy.wa.gov/.
    (ii) Benton Clean Air Authority (BCAA), 650 George Washington Way, 
Richland, WA 99352-4289, http://www.bcaa.net/.
    (iii) Northwest Air Pollution Control Authority (NWAPA), 1600 South 
Second St., Mount Vernon, WA 98273-5202, http://www.nwair.org/.
    (iv) Olympic Air Pollution Control Authority (OAPCA), 909 Sleater-
Kinney Road S.E., Suite 1, Lacey, WA 98503-1128, http://www.oapca.org/.
    (v) Puget Sound Clean Air Agency (PSCAA), 110 Union Street, Suite 
500, Seattle, WA 98101-2038, http://www.pscleanair.org/.
    (vi) Spokane County Air Pollution Control Authority (SCAPCA), West 
1101 College, Suite 403, Spokane, WA 9920, http://www.scapca.org/.
    (vii) Southwest Clean Air Agency (SWCAA), 1308 NE 134th St., 
Vancouver, WA 98685-2747, http://www.swcleanair.org/.
    (viii) Yakima Regional Clean Air Agency (YRCAA), Larson Building, 
Suite 1016, 6 South 2nd St., Yakima WA 98901, http://co.yakima.wa.us/
cleanair/default.htm.
    (ix) See paragraph (c)(10) of this section for a table indicating 
the delegation status of National Emission Standards for Hazardous Air 
Pollutants for Region 10--Alaska, Idaho, Oregon, and Washington.
(XX) State of West Virginia, Department of Environmental Protection, 
          Division of

[[Page 16]]

          Air Quality, 601 57th Street, SE., Charleston, West Virginia 
          25304.
(YY) Wisconsin--Wisconsin Department of Natural Resources, P.O. Box 
          7921, Madison, WI 53707.
(ZZ) State of Wyoming, Air Quality Division, Department of Environmental 
          Quality, 122 W. 25th St., Cheyenne, WY 82002.
(AAA) Territory of Guam: Guam Environmental Protection Agency, Post 
          Office Box 2999, Agana, Guam 96910.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (c)(9) of this section.

(BBB) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico 
          Environmental Quality Board, P.O. Box 11785, Santurce, PR 
          00910.
(CCC) U.S. Virgin Islands: U.S. Virgin Islands Department of 
          Conservation and Cultural Affairs, P.O. Box 578, Charlotte 
          Amalie, St. Thomas, U.S. Virgin Islands 00801.
(DDD) American Samoa Environmental Protection Agency, Pago Pago, 
          American Samoa 96799.

    Note: For tables listing the delegation status of agencies in Region 
IX, see paragraph (d) of this section.

(EEE) Commonwealth of the Northern Mariana Islands, Division of 
          Environmental Quality, P.O. Box 1304, 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 Applicable to Hazardous Air Pollutants, March 2003. 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 Air and Radiation Docket and Information Center, 
U.S. EPA, EPA West Building, 1301 Constitution Avenue, NW., Washington, 
DC. You may examine this material at the above EPA office 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.
    (ii) The remainder of the sources subject to the part 61 subpart M 
Asbestos provisions, except for those listed under paragraph (c)(1)(i) 
of this section, must comply with the New Hampshire Regulations 
Applicable to Hazardous Air Pollutants, September 2006. 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 Air and Radiation Docket and Information Center, U.S. EPA, EPA 
West Building, 1301 Constitution Avenue, NW., Washington, DC. You may 
examine this material at the above EPA office 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.
    (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, 2008. The (X) 
symbol is used to indicate each subpart that has been delegated.

     Delegation Status for Part 61 Standards State of Louisiana \1\
------------------------------------------------------------------------
                          Subpart                             LDEQ \2\
------------------------------------------------------------------------
A General Provisions......................................            X
C Beryllium...............................................            X
D Beryllium Rocket Motor Firing...........................            X
E Mercury.................................................            X
J Equipment Leaks of Benzene..............................            X
L Benzene Emissions from Coke By-Product Recovery Plants..            X
M Asbestos................................................            X
N Inorganic Arsenic Emissions from Glass Manufacturing                X
 Plants...................................................

[[Page 17]]


O Inorganic Arsenic Emissions from Primary Copper Smelters            X
P Inorganic Arsenic Emissions from Arsenic Trioxide and               X
 Metallic Arsenic Production Facilities...................
V Equipment Leaks.........................................            X
Y Benzene Emissions from Benzene Storage Vessels..........            X
BB Benzene Emissions from Benzene Transfer Operations.....            X
FF Benzene Emissions from Benzene Waste Operations........           X
------------------------------------------------------------------------
\1\ Program delegated to Louisiana Department of Environmental Quality
  (LDEQ).
\2\ Authorities which may not be delegated include: Sec.   61.04(b),
  Addresses of State and Local Implementing Agencies; Sec.
  61.12(d)(1), Compliance with Standards and Maintenance Requirements,
  Alternate Means of Emission Limitation; Sec.   61.13(h), Major Change
  to an Emissions Test; Sec.   61.14(g), Major Modifications to
  Monitoring Requirements; Sec.   61.16, Availability of Information
  Procedures; Sec.   61.53(c)(4), List of Approved Design, Maintenance,
  and Housekeeping Practices for Mercury Chlor-Alkali Plants; and all
  authorities identified within specific subparts (e.g., under
  ``Delegation of Authority'') that cannot be delegated.

    (iii) New Mexico. The New Mexico Environment Department (NMED) has 
been delegated the following part 61 standards promulgated by EPA, as 
amended in the Federal Register through September 1, 2001. 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 New Mexico
          [Excluding Bernalillo County and Indian Country] \1\
------------------------------------------------------------------------
            Subpart                   Source category        New Mexico
------------------------------------------------------------------------
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 (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
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
------------------------------------------------------------------------
\1\ Program delegated to New Mexico Environment Department (NMED).

    (iv) The Oklahoma Department of Environmental Quality has been 
delegated the following part 61 standards promulgated by EPA, as amended 
in the Federal Register through September 1, 2004. The (X) symbol is 
used to indicate each subpart that has been delegated.

[[Page 18]]



   Delegation Status for National Emission Standards for Hazardous Air
 Pollutants (Part 61 Standards) for Oklahoma Department of Environmental
                                 Quality
                     [Excluding Indian Country] \1\
------------------------------------------------------------------------
            Subpart                     Source category           ODEQ
------------------------------------------------------------------------
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             X
                                 Emission Sources) of Benzene.
K.............................  Radionuclide Emissions From     ........
                                 Elemental Phosphorus Plants.
L.............................  Benzene Emissions From Coke By-       X
                                 Product Recovery Plants.
M.............................  Asbestos......................        X
N.............................  Inorganic Arsenic Emissions           X
                                 From Glass Manufacturing
                                 Plants.
O.............................  Inorganic Arsenic Emissions           X
                                 From Primary Copper Smelters.
P.............................  Inorganic Arsenic Emissions           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
                                 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
------------------------------------------------------------------------
\1\ Program delegated to Oklahoma Department of Environmental Quality
  (ODEQ).

    (v) [Reserved]
    (vi) Albuquerque-Bernalillo County, New Mexico. The Albuquerque-
Bernalillo County Air Quality Control Board (ABCAQCB) has been delegated 
the following Part 61 standards promulgated by EPA, as amended in the 
Federal Register through July 1, 2004. 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               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 (Fugitive            X
                                  Emission Sources) of
                                  Benxene.
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.

[[Page 19]]


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
------------------------------------------------------------------------
\1\ Program delegated to Albuquerque-Bernalillo County Air Quality
  Control Board (ABCAQCB).

    (7) [Reserved]
    (8) The following is a table indicating the delegation status of 
National Emission Standards for Hazardous Air Pollutants in Region VIII.

         Region VIII--Delegation Status of National Emission Standards for Hazardous Air Pollutants \1\
----------------------------------------------------------------------------------------------------------------
                       Subpart                           CO        MT        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 Emission from Benzene Transfer Operations  ........        *         *   ........        *
FF Benzene Waste Operations.........................  ........        *         *   ........       *
----------------------------------------------------------------------------------------------------------------
*Indicates approval of delegation of subpart to state.
\1\ Authorities which may not be delegated include 40 CFR 61.04(b), 61.12(d)(1), 61.13(h)(1)(ii), 61.112(c),
  61.164(a)(2), 61.164(a)(3), 61.172(b)(2)(ii)(B), 61.172(b)(2)(ii)(C), 61.174 (a)(2), 61.174(a)(3), 61.242-
  1(c)(2), 61.244, and all authorities listed as not delegable in each subpart under Delegation of Authority.
\2\ Indicates approval of National Emission Standards for Hazardous Air Pollutants as part of the State
  Implementation Plan (SIP) with the exception of the radionuclide NESHAP Subparts B, Q, R, T, W which were
  approved through Section 112(l) of the Clean Air Act.
\3\ Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations,
  insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating
  operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that
  convert asbestos-containing waste material into nonasbestos (asbestos-free) material.

    (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

[[Page 20]]

(X) symbol is used to indicate each standard that has been delegated. 
The following provisions of this subpart are not delegated: Sec. Sec.  
61.04(b), 61.04(c), 61.05(c), 61.11, 61.12(d), 61.13(h)(1)(ii), 
61.14(d), 61.14(g)(1)(ii), and 61.16.
    (i) Arizona. The following table identifies delegations for Arizona:

           Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Arizona
----------------------------------------------------------------------------------------------------------------
                                                                       Air Pollution Control Agency
                                                         -------------------------------------------------------
                                        Subpart                           Maricopa                      Pinal
                                                          Arizona  DEQ     County     Pima  County     County
----------------------------------------------------------------------------------------------------------------
A...........................  General Provisions........            X             X             X             X
B...........................  Radon Emissions From
                               Underground Uranium.
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 (Fugitive             X             X             X             X
                               Emission Sources) of
                               Benzene.
K...........................  Radionuclide Emissions
                               From Elemental Phosphorus
                               Plants.
L...........................  Benzene Emissions from                X             X             X             X
                               Coke By-Product Recovery
                               Plants.
M...........................  Asbestos..................            X             X             X             X
N...........................  Inorganic Arsenic                     X             X             X
                               Emissions From Glass
                               Manufacturing Plants.
O...........................  Inorganic Arsenic                     X             X             X
                               Emissions From Primary
                               Copper Smelters.
P...........................  Inorganic Arsenic                     X             X
                               Emissions From Arsenic
                               Trioxide and Metallic
                               Arsenic Production
                               Facilities.
Q...........................  Radon Emissions From
                               Department of Energy
                               Facilities.
R...........................  Radon Emissions From
                               Phosphogypsum Stacks.
S...........................  (Reserved)................
T...........................  Radon Emissions From the
                               Disposal of Uranium Mill
                               Tailings.
U...........................  (Reserved)................
V...........................  Equipment Leaks (Fugitive             X             X             X             X
                               Emission Sources).
W...........................  Radon Emissions From
                               Operating Mill Tailings.
X...........................  (Reserved)................
Y...........................  Benzene Emissions From                X             X             X             X
                               Benzene Storage Vessels.
Z-AA........................  (Reserved)................
BB..........................  Benzene Emissions From                X             X             X             X
                               Benzene Transfer
                               Operations.
CC-EE.......................  (Reserved)................
FF..........................  Benzene Waste 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 Pollution Control District, Bay Area Air Quality 
Management District, and Butte County Air Pollution Control District are 
shown in the following table:

[[Page 21]]



Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Amador County APCD, Antelope
                                Valley APCD, Bay Area AQMD, and Butte County AQMD
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                          Subpart                   Amador     Antelope                  Butte
                                                                    County      Valley     Bay Area     County
                                                                     APCD        APCD        AQMD        AQMD
----------------------------------------------------------------------------------------------------------------
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   ..........
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-        ..........  ..........          X   ..........
                            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     ..........  ..........  ..........  ..........
                            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   ..........
----------------------------------------------------------------------------------------------------------------

    (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.

[[Page 22]]


K...........................  Radionuclide Emissions
                               From Elemental Phosphorus
                               Plants.
L...........................  Benzene Emissions from                X
                               Coke By-Product Recovery
                               Plants.
M...........................  Asbestos..................            X             X
N...........................  Inorganic Arsenic                     X
                               Emissions From Glass
                               Manufacturing Plants.
O...........................  Inorganic Arsenic                     X
                               Emissions From Primary
                               Copper Smelters.
P...........................  Inorganic Arsenic                     X
                               Emissions From Arsenic
                               Trioxide and Metallic
                               Arsenic Production
                               Facilities.
Q...........................  Radon Emissions From
                               Department of Energy
                               Facilities.
R...........................  Radon Emissions From
                               Phosphogypsum Stacks.
S...........................  (Reserved)................
T...........................  Radon Emissions From the
                               Disposal of Uranium Mill
                               Tailings.
U...........................  (Reserved)................
V...........................  Equipment Leaks (Fugitive             X
                               Emission Sources).
W...........................  Radon Emissions From
                               Operating Mill Tailings.
X...........................  (Reserved)................            .
Y...........................  Benzene Emissions From                X
                               Benzene Storage Vessels.
Z-AA........................  (Reserved)................
BB..........................  Benzene Emissions From                X
                               Benzene Transfer
                               Operations.
CC-EE.......................  (Reserved)................
FF..........................  Benzene Waste Operations..            X
----------------------------------------------------------------------------------------------------------------

    (D) Delegations for Lake County Air Quality Management District, 
Lassen County Air Pollution Control District, Mariposa County Air 
Pollution Control District, and Mendocino County Air Pollution Control 
District are shown in the following table:

   Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Lake County Air Quality
    Management District, Lassen County Air Pollution Control District, Mariposa County Air Pollution Control
                          District, and Mendocino County Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                            Subpart                  Lake       Lassen     Mariposa    Mendocino
                                                                    County      County      County      County
                                                                     AQMD        APCD        AQMD        AQMD
----------------------------------------------------------------------------------------------------------------
A............................  General Provisions...............          X   ..........          X
B............................  Radon Emissions From Underground   ..........  ..........  ..........  ..........
                                Uranium.
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.

[[Page 23]]


M............................  Asbestos.........................          X   ..........  ..........          X
----------------------------------------------------------------------------------------------------------------

    (E) Delegations for Modoc County Air Pollution Control District, 
Mojave Desert Air Quality Management District, Monterey Bay Unified Air 
Pollution Control District, and North Coast Unified Air Pollution 
Control District are shown in the following table:

 Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Modoc County Air Pollution
   Control District, Mojave Desert Air Quality Management District, Monterey Bay Unified Air Pollution Control
                        District, and North Coast Unified Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                                                                           Monterey      North
                                           Subpart                   Modoc      Mojave        Bay        Coast
                                                                    County      Desert      Unified     Unified
                                                                     APCD        AQMD        APCD        AQMD
----------------------------------------------------------------------------------------------------------------
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
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
                             Sources) of Benzene.
K                           Radionuclide Emissions From           ..........  ..........  ..........  ..........
                             Elemental Phosphorus Plants.
L                           Benzene Emissions from Coke By-       ..........  ..........          X           X
                             Product Recovery Plants.
M                           Asbestos............................          X           X           X           X
N                           Inorganic Arsenic Emissions From      ..........  ..........          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
                             Sources).
W                           Radon Emissions From Operating Mill   ..........  ..........  ..........  ..........
                             Tailings.
X                           (Reserved)..........................  ..........  ..........  ..........  ..........
Y                           Benzene Emissions From Benzene        ..........  ..........          X           X
                             Storage Vessels.
Z-AA                        (Reserved)..........................  ..........  ..........  ..........  ..........
BB                          Benzene Emissions From Benzene        ..........  ..........          X   ..........
                             Transfer Operations.
CC-EE                       (Reserved)..........................  ..........  ..........  ..........  ..........
FF                          Benzene Waste Operations............  ..........  ..........          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:

[[Page 24]]



 Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Northern Sierra Air Quality
 Management District, Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control
                      District, and Sacramento Metropolitan Air Quality Management District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                                                               Northern
                                          Subpart                  Northern     Sonoma      Placer    Sacramento
                                                                    Sierra      County      County    Metro AQMD
                                                                     AQMD        APCD        APCD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................  ..........          X   ..........  ..........
B                          Radon Emissions From Underground       ..........  ..........  ..........  ..........
                            Uranium.
C                          Beryllium............................  ..........          X   ..........  ..........
D                          Beryllium Rocket Motor Firing........  ..........          X   ..........  ..........
E                          Mercury..............................  ..........          X   ..........  ..........
F                          Vinyl Chloride.......................  ..........          X   ..........          X
G                          (Reserved)...........................  ..........  ..........  ..........  ..........
H                          Emissions of Radionuclides Other Than  ..........  ..........  ..........  ..........
                            Radon From Department of Energy
                            Facilities.
I                          Radionuclide Emissions From Federal    ..........  ..........  ..........  ..........
                            Facilities Other Than Nuclear
                            Regulatory Commission Licensees and
                            Not Covered by Subpart H.
J                          Equipment Leaks (Fugitive Emission     ..........  ..........  ..........  ..........
                            Sources) of Benzene.
K                          Radionuclide Emissions From Elemental  ..........  ..........  ..........  ..........
                            Phosphorus Plants.
L                          Benzene Emissions from Coke By-        ..........  ..........  ..........  ..........
                            Product Recovery Plants.
M                          Asbestos.............................  ..........          X   ..........          X
----------------------------------------------------------------------------------------------------------------

    (G) Delegations for San Diego County Air Pollution Control District, 
San Joaquin Valley Unified Air Pollution Control District, San Luis 
Obispo County Air Pollution Control District, and Santa Barbara County 
Air Pollution Control District are shown in the following table:

    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.

[[Page 25]]


Q......................  Radon Emissions From Department  ............  ............  ............
                          of Energy Facilities.
R......................  Radon Emissions From             ............  ............  ............
                          Phosphogypsum Stacks.
S......................  (Reserved).....................  ............  ............  ............
T......................  Radon Emissions From the         ............  ............  ............
                          Disposal of Uranium Mill
                          Tailings.
U......................  (Reserved).....................  ............  ............  ............
V......................  Equipment Leaks (Fugitive        ............            X             X             X
                          Emission Sources).
W......................  Radon Emissions From Operating   ............  ............  ............
                          Mill Tailings.
X......................  (Reserved).....................  ............  ............  ............
Y......................  Benzene Emissions From Benzene   ............            X             X             X
                          Storage Vessels.
Z-AA...................  (Reserved).....................  ............  ............  ............
BB.....................  Benzene Emissions From Benzene   ............            X             X             X
                          Transfer Operations.
CC-EE..................  (Reserved).....................  ............  ............  ............
FF.....................  Benzene Waste Operations.......  ............            X             X             X
----------------------------------------------------------------------------------------------------------------

    (H) Delegations for Shasta County Air Quality Management District, 
Siskiyou County Air Pollution Control District, South Coast Air Quality 
Management District, and Tehama County Air Pollution Control District 
are shown in the following table:

  Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Shasta County Air Quality
     Management District, Siskiyou County Air Pollution Control District, South Coast Air Quality Management
                           District, and Tehama County Air Pollution Control District
----------------------------------------------------------------------------------------------------------------
                                                                           Air pollution control agency
                                                                 -----------------------------------------------
                                          Subpart                   Shasta     Siskiyou                 Tehama
                                                                    County      County       South      County
                                                                     AQMD        APCD     Coast AQMD     APCD
----------------------------------------------------------------------------------------------------------------
A                          General Provisions...................  ..........  ..........          X   ..........
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).

[[Page 26]]


W                          Radon Emissions From Operating Mill    ..........  ..........  ..........  ..........
                            Tailings.
X                          (Reserved)...........................  ..........  ..........  ..........  ..........
Y                          Benzene Emissions From Benzene         ..........  ..........          X   ..........
                            Storage Vessels.
Z-AA                       (Reserved)...........................  ..........  ..........  ..........  ..........
BB                         Benzene Emissions From Benzene         ..........  ..........          X   ..........
                            Transfer Operations.
CC-EE                      (Reserved)...........................  ..........  ..........  ..........  ..........
FF                         Benzene Waste Operations.............  ..........  ..........          X   ..........
----------------------------------------------------------------------------------------------------------------

    (I) Delegations for Tuolumne County Air Pollution Control District, 
Ventura County Air Pollution Control District, and Yolo-Solano Air 
Quality Management District are shown in the following table:

     Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Tuolumne County Air
     Pollution Control District, Ventura County Air Pollution Control District, and Yolo-Solano Air Quality
                                               Management District
----------------------------------------------------------------------------------------------------------------
                                                                              Air Pollution Control Agency
                                                                       -----------------------------------------
                                                  Subpart                 Tuolumne       Ventura     Yolo-Solano
                                                                         County APCD   County APCD      AQMD
----------------------------------------------------------------------------------------------------------------
A..................................  General Provisions...............            X
B..................................  Radon Emissions From Underground
                                      Uranium.
C..................................  Beryllium........................            X
D..................................  Beryllium Rocket Motor Firing....            X
E..................................  Mercury..........................            X             X
F..................................  Vinyl Chloride...................            X
G..................................  (Reserved).......................
H..................................  Emissions of Radionuclides Other
                                      Than Radon From Department of
                                      Energy Facilities.
I..................................  Radionuclide Emissions From
                                      Federal Facilities Other Than
                                      Nuclear Regulatory Commission
                                      Licensees and Not Covered by
                                      Subpart H.
J..................................  Equipment Leaks (Fugitive                    X
                                      Emission Sources) of Benzene.
K..................................  Radionuclide Emissions From
                                      Elemental Phosphorus Plants.
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:

[[Page 27]]



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

    (iv) Nevada. The following table identifies delegations as of 
September 21, 2005:

           Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Nevada
----------------------------------------------------------------------------------------------------------------
                                                                                Air pollution control agency
                                                                          --------------------------------------
                                                  Subpart                                  Clark        Washoe
                                                                            Nevada DEP     County       County
----------------------------------------------------------------------------------------------------------------
A...............................  General Provisions.....................           X            X
B...............................  Radon Emissions From Underground         ...........  ...........
                                   Uranium.
C...............................  Beryllium..............................           X            X            X
D...............................  Beryllium Rocket Motor Firing..........           X            X
E...............................  Mercury................................           X            X
F...............................  Vinyl Chloride.........................           X            X
G...............................  (Reserved).............................  ...........  ...........
H...............................  Emissions of Radionuclides Other Than             X   ...........
                                   Radon From Department of Energy
                                   Facilities.
I...............................  Radionuclide Emissions From Federal               X   ...........
                                   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             X   ...........
                                   Phosphorus Plants.
L...............................  Benzene Emissions from Coke By-Product            X   ...........
                                   Recovery Plants.
M...............................  Asbestos...............................  ...........           X            X
N...............................  Inorganic Arsenic Emissions From Glass            X   ...........
                                   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).

[[Page 28]]


W...............................  Radon Emissions From Operating Mill      ...........  ...........
                                   Tailings.
X...............................  (Reserved).............................  ...........  ...........
Y...............................  Benzene Emissions from Benzene Storage            X   ...........
                                   Vessels.
Z-AA............................  (Reserved).............................  ...........  ...........
BB..............................  Benzene Emissions From Benzene Transfer           X   ...........
                                   Operations.
CC-EE...........................  (Reserved).............................  ...........  ...........
FF..............................  Benzene Waste Operations...............           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 to Sec.  61.04 see 
the List of CFR Sections Affected, which appears in the Finding Aids 
section of the printed volume and on GPO Access.

[[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.
    (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.

[[Page 37]]

    (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]



Sec.  61.14  Monitoring requirements.

    (a) Unless otherwise specified, this section applies to each 
monitoring system required under each subpart which requires monitoring.
    (b) Each owner or operator shall maintain and operate each 
monitoring system as specified in the applicable subpart and in a manner 
consistent with good air pollution control practice for minimizing 
emissions. Any unavoidable breakdown or malfunction of the monitoring 
system should be repaired or adjusted as soon as practicable after its 
occurrence. The Administrator's determination of whether acceptable 
operating and maintenance procedures are being used will be based on 
information which may include, but not be limited to, review of 
operating and maintenance procedures, manufacturer recommendations and 
specifications, and inspection of the monitoring system.
    (c) When required by the applicable subpart, and at any other time 
the Administrator may require, the owner or operator of a source being 
monitored shall conduct a performance evaluation of the monitoring 
system and furnish the Administrator with a copy of a written report of 
the results within 60 days of the evaluation. Such a performance 
evaluation shall be conducted according to the applicable specifications 
and procedures described in the applicable subpart. The owner or 
operator of 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

[[Page 38]]

    (ii) Approves the use of alternatives to any monitoring requirements 
or procedures.
    (2) If the Administrator finds reasonable grounds to dispute the 
results obtained by an alternative monitoring method, the Administrator 
may require the monitoring requirements and procedures specified in this 
part.

[50 FR 46293, Nov. 7, 1985]



Sec.  61.15  Modification.

    (a) Except as provided under paragraph (d) of this section, any 
physical or operational change to a stationary source which results in 
an increase in the rate of emission to the atmosphere of a hazardous 
pollutant to which a standard applies shall be considered a 
modification.
    (b) Upon modification, an existing source shall become a new source 
for each hazardous pollutant for which the rate of emission to the 
atmosphere increases and to which a standard applies.
    (c) Emission rate shall be expressed as kg/hr of any hazardous 
pollutant discharged into the atmosphere for which a standard is 
applicable. The Administrator shall use the following to determine the 
emission rate:
    (1) Emission factors as specified in the background information 
document (BID) for the applicable standard, or in the latest issue of 
``Compilation of Air Pollutant Emission Factors,'' EPA Publication No. 
AP-42, or other emission factors determined by the Administrator to be 
superior to AP-42 emission factors, in cases where use of emission 
factors demonstrates that the emission rate will clearly increase or 
clearly not increase as a result of the physical or operational change.
    (2) Material balances, monitoring data, or manual emission tests in 
cases where use of emission factors, as referenced in paragraph (c)(1) 
of this section, does not demonstrate to the Administrator's 
satisfaction that the emission rate will clearly increase or clearly not 
increase as a result of the physical or operational change, or where an 
interested person demonstrates to the Administrator's satisfaction that 
there are reasonable grounds to dispute the result obtained by the 
Administrator using emission factors. When the emission rate is based on 
results from manual emission tests or monitoring data, the procedures 
specified in appendix C of 40 CFR part 60 shall be used to determine 
whether an increase in emission rate 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

[[Page 39]]

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 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.

[[Page 40]]

    (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 
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) The materials listed in this paragraph (e) are available for 
purchase from the American Petroleum Institute (API), 1220 L Street, 
NW., Washington, DC 20005.
    (1) API Publication 2517, Evaporative Loss from External Floating-
Roof Tanks, Third Edition. February 1989. IBR approved December 14, 2000 
for Sec.  61.241.
    (2) [Reserved]

[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]



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

[[Page 41]]

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]



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

[[Page 42]]

examined and am familiar with the information submitted herein and based 
on my inquiry of those individuals immediately responsible for obtaining 
the information, I believe that the submitted information is true, 
accurate and complete. I am aware that there are significant penalties 
for submitting false information including the possibility of fine and 
imprisonment. See, 18 U.S.C. 1001.''
    (b) lf the facility is not in compliance with the emission standard 
of Sec.  61.22 in the calendar year covered by the report, the facility 
must then commence reporting to the Administrator on a monthly basis the 
information listed in paragraph (a) of this section for the preceding 
month. These reports will start the month immediately following the 
submittal of the annual report for the year in noncompliance and will be 
due 30 days following the end of each month. This increased level of 
reporting will continue until the Administrator has determined that the 
monthly reports are no longer necessary. In addition to all the 
information required in paragraph (a) of this section, monthly reports 
shall also include the following information:
    (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.

[[Page 43]]

    (f) Foundry means a facility engaged in the melting or casting of 
beryllium metal or alloy.
    (g) Beryllium-containing waste means material contaminated with 
beryllium and/or beryllium compounds used or generated during any 
process or operation performed by a source subject to this subpart.
    (h) Incinerator means any furnace used in the process of burning 
waste for the primary purpose of reducing the volume of the waste by 
removing combustible matter.
    (i) Propellant means a fuel and oxidizer physically or chemically 
combined which undergoes combustion to provide rocket propulsion.
    (j) Beryllium alloy means any metal to which beryllium has been 
added in order to increase its beryllium content and which contains more 
than 0.1 percent beryllium by weight.
    (k) Propellant plant means any facility engaged in the mixing, 
casting, or machining of propellant.



Sec.  61.32  Emission standard.

    (a) Emissions to the atmosphere from stationary sources subject to 
the provisions of this subpart shall not exceed 10 grams (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\ 
(4.37x10-6 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\ (4.37x10-6 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]

[[Page 44]]



Sec.  61.33  Stack sampling.

    (a) Unless a waiver of emission testing is obtained under Sec.  
61.13, each owner or operator required to comply with Sec.  61.32(a) 
shall test emissions from the source according to Method 104 of appendix 
B to this part. Method 103 of appendix B to this part is approved by the 
Administrator as an alternative method for sources subject to Sec.  
61.32(a). The emission test shall be performed--
    (1) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial startup date preceding the 
effective date; or
    (2) Within 90 days of startup in the case of a new source which did 
not have an initial startup date preceding the effective date.
    (b) The Administrator shall be notified at least 30 days prior to an 
emission test so that he may at his option observe the test.
    (c) Samples shall be taken over such a period or periods as are 
necessary to accurately determine the maximum emissions which will occur 
in any 24-hour period. Where emissions depend upon the relative 
frequency of operation of different types of processes, operating hours, 
operating capacities, or other factors, the calculation of maximum 24-
hour-period emissions will be based on that combination of factors which 
is likely to occur during the subject period and which result in the 
maximum emissions. No changes in the operation shall be made, which 
would potentially increase emissions above that determined by the most 
recent source test, until a new emission level has been estimated by 
calculation and the results reported to the Administrator.
    (d) All samples shall be analyzed and beryllium emissions shall be 
determined within 30 days after the source test. All determinations 
shall be reported to the Administrator by a registered letter dispatched 
before the close of the next business day following such determination.
    (e) Records of emission test results and other data needed to 
determine total emissions shall be retained at the source and made 
available, for inspection by the Administrator, for a minimum of 2 
years.

[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46294, Nov. 7, 1985]



Sec.  61.34  Air sampling.

    (a) Stationary sources subject to Sec.  61.32(b) shall locate air 
sampling sites in accordance with a plan approved by the Administrator. 
Such sites shall be located in such a manner as is calculated to detect 
maximum concentrations of beryllium in the ambient air.
    (b) All monitoring sites shall be operated continuously except for a 
reasonable time allowance for instrument maintenance and calibration, 
for changing filters, or for replacement of equipment needing major 
repair.
    (c) Filters shall be analyzed and concentrations calculated within 
30 days after filters are collected. Records of concentrations at all 
sampling sites and other data needed to determine such concentrations 
shall be retained at the source and made available, for inspection by 
the Administrator, for a minimum of 2 years.
    (d) Concentrations measured at all sampling sites shall be reported 
to the Administrator every 30 days by a registered letter.
    (e) The Administrator may at any time require changes in, or 
expansion of, the sampling network.



 Subpart D_National Emission Standard for Beryllium Rocket Motor Firing



Sec.  61.40  Applicability.

    The provisions of this subpart are applicable to rocket motor test 
sites.



Sec.  61.41  Definitions.

    Terms used in this subpart are defined in the Act, in subpart A of 
this part, or in this section as follows:
    (a) Rocket motor test site means any building, structure, facility, 
or installation where the static test firing of a beryllium rocket motor 
and/or the disposal of beryllium propellant is conducted.
    (b) Beryllium propellant means any propellant incorporating 
beryllium.

[[Page 45]]



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 ([micro]g-min/m \3\) (4.68 
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 effect adverse to public health could occur.
    (b) If combustion products from the firing of beryllium propellant 
are collected in a closed tank, emissions from such tank shall not 
exceed 2.0 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]



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

[[Page 46]]

stack of processes utilizing heat to extract mercury metal from mercury 
ore.
    (e) Mercury chlor-alkali cell means a device which is basically 
composed of an electrolyzer section and a denuder (decomposer) section 
and utilizes mercury to produce chlorine gas, hydrogen gas, and alkali 
metal hydroxide.
    (f) Mercury chlor-alkali electrolyzer means an electrolytic device 
which is part of a mercury chlor-alkali cell and utilizes a flowing 
mercury cathode to produce chlorine gas and alkali metal amalgam.
    (g) Denuder means a horizontal or vertical container which is part 
of a mercury chlor-alkali cell and in which water and alkali metal 
amalgam are converted to alkali metal hydroxide, mercury, and hydrogen 
gas in a short-circuited, electrolytic reaction.
    (h) Hydrogen gas stream means a hydrogen stream formed in the chlor-
alkali cell denuder.
    (i) End box means a container(s) located on one or both ends of a 
mercury chlor-alkali electrolyzer which serves as a connection between 
the electrolyzer and denuder for rich and stripped amalgam.
    (j) End box ventilation system means a ventilation system which 
collects mercury emissions from the end-boxes, the mercury pump sumps, 
and their water collection systems.
    (k) Cell room means a structure(s) housing one or more mercury 
electrolytic chlor-alkali cells.
    (l) Sludge means sludge produced by a treatment plant that processes 
municipal or industrial waste waters.
    (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

[[Page 47]]

102 and from end-box ventilation gas streams according to Method 101 of 
appendix B to this part. The emission test shall be performed--
    (i) Within 90 days of the effective date in the case of an existing 
source or a new source which has an initial startup date preceding the 
effective date; or
    (ii) Within 90 days of startup in the case of a new source which did 
not have an initial startup date preceding the effective date.
    (2) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.
    (3) Samples shall be taken over such a period or periods as are 
necessary to accurately determine the maximum emissions which will occur 
in a 24-hour period. No changes in the operation shall be made, which 
would potentially increase emissions above that determined by the most 
recent source test, until the new emission has been estimated by 
calculation and the results reported to the Administrator.
    (4) All samples shall be analyzed and mercury emissions shall be 
determined within 30 days after the stack test. Each determination shall 
be reported to the Administrator by a registered letter dispatched 
within 15 calendar days following the date such determination is 
completed.
    (5) Records of emission test results and other data needed to 
determine total emissions shall be retained at the 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 to this part shall be used to test 
emissions as follows:
    (i) The test shall be performed within 90 days of the effective date 
of these regulations in the case of an existing source or a new source 
which has an initial startup date preceding the effective date.
    (ii) The test shall be performed within 90 days of startup in the 
case of a new source which did not have an initial startup date 
preceding the effective date.
    (3) The Administrator shall be notified at least 30 days prior to an 
emission test, so that he may at his option observe the test.
    (4) Samples shall be taken over such a period or periods as are 
necessary to determine accurately the maximum emissions which will occur 
in a 24-hour period. No changes shall be made in the

[[Page 48]]

operation which would potentially increase emissions above the level 
determined by the most recent stack test, until the new emission level 
has been estimated by calculation and the results reported to the 
Administrator.
    (5) All samples shall be analyzed and mercury emissions shall be 
determined within 30 days after the stack test. Each determination shall 
be reported to the Administrator by a registered letter dispatched 
within 15 calendar days following the date such determination is 
completed.
    (6) Records of emission test results and other data needed to 
determine total emissions shall be retained at the source and shall be 
made available, for inspection by the Administrator, for a minimum of 2 
years.

[38 FR 8826, Apr. 6, 1973, as amended at 40 FR 48302, Oct. 14, 1975; 47 
FR 24704, June 8, 1982; 50 FR 46294, Nov. 7, 1985; 52 FR 8726, Mar. 19, 
1987; 65 FR 62151, Oct. 17, 2000]



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 49]]

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 50]]

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 51]]

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 52]]

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 53]]

    (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 54]]

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 55]]

    (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]

    Editorial Note: At 65 FR 62151, Oct. 17, 2000, Sec.  61.64 was 
amended in paragraph (f)(2)(i) by revising the words ``2.02 g/kg 
(0.00202 lb/lb)'' to read ``2.02 g/kg (4.04 lb/ton), and in (f)(2)(ii) 
by revising the words ``0.42 g/kg (0.00042 lb/lb)'' to read ``0.42 g/kg 
(0.84 lb/ton). However, these paragraphs do not exist.



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

[[Page 56]]

with the provisions of 40 CFR part 61 subpart V demonstrates compliance 
with the provisions of this paragraph.
    (ii) Reciprocating pumps. Vinyl chloride emissions from seals on all 
reciprocating pumps in vinyl chloride service are to be minimized by 
installing double outboard seals, or equivalent as provided in Sec.  
61.66. If double outboard seals are used, vinyl chloride emissions from 
the seals are to be minimized by maintaining the pressure between the 
two seals so that any leak that occurs is into the pump; by ducting any 
vinyl chloride between the two seals through a control system from which 
the concentration of vinyl chloride in the exhaust gases does not exceed 
10 ppm; or equivalent as provided in Sec.  61.66. Compliance with the 
provisions of 40 CFR part 61 subpart V demonstrates compliance with the 
provisions of this paragraph.
    (iii) Rotating compressor. Vinyl chloride emissions from seals on 
all rotating compressors in vinyl chloride service are to be minimized 
by installing compressors with double mechanical seals, or equivalent as 
provided in Sec.  61.66. If double mechanical seals are used, vinyl 
chloride emissions from the seals are to be minimized by maintaining the 
pressure between the two seals so that any leak that occurs is into the 
compressor; by ducting any vinyl chloride between the two seals through 
a control system from which the concentration of vinyl chloride in the 
exhaust gases does not exceed 10 ppm; or equivalent as provided in Sec.  
61.66. Compliance with the provisions of 40 CFR part 61 subpart V 
demonstrates compliance with the provisions of this paragraph.
    (iv) Reciprocating compressors. Vinyl chloride emissions from seals 
on all reciprocating compressors in vinyl chloride service are to be 
minimized by installing double outboard seals, or 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

[[Page 57]]

from which the concentration of vinyl chloride in the exhaust gases does 
not exceed 10 ppm (average for 3-hour period); or equivalent as provided 
in Sec.  61.66.
    (7) Samples. Unused portions of samples containing at least 10 
percent by weight vinyl chloride are to be returned to the process or 
destroyed in a control device from which concentration of vinyl chloride 
in the exhaust gas does not exceed 10 ppm (average for 3-hour period) or 
equivalent as provided in Sec.  61.66. Sampling techniques are to be 
such that sample containers in vinyl chloride service are purged into a 
closed process system. Compliance with the provisions of 40 CFR part 61 
subpart V demonstrates compliance with the provisions of this paragraph.
    (8) Leak detection and elimination. Vinyl chloride emissions due to 
leaks from equipment in vinyl chloride service are to be minimized as 
follows:
    (i) A reliable and accurate vinyl chloride monitoring system shall 
be operated for detection of major leaks and identification of the 
general area of the plant where a leak is located. A vinyl chloride 
monitoring system means a device which obtains air samples from one or 
more points on a continuous sequential basis and analyzes the samples 
with gas chromatography or, if the owner or operator assumes that all 
hydrocarbons measured are vinyl chloride, with infrared 
spectrophotometry, flame ion detection, or an equivalent or alternative 
method. The vinyl chloride monitoring system shall be operated according 
to a program developed by the plant owner or operator. The owner or 
operator shall submit a description of the program to the Administrator 
within 45 days of the effective date of these regulations, unless a 
waiver of compliance is granted under Sec.  61.11, or the program has 
been approved and the Administrator does not 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

[[Page 58]]

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 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

[[Page 59]]

(b)(8) of this section are to be incorporated into a standard operating 
procedure, and made available upon request for inspection by the 
Administrator. The standard operating procedure is to include provisions 
for measuring the vinyl chloride in equipment 4.75 m\3\ (1255 gal) in 
volume for which an emission limit is prescribed in Sec.  61.65(b)(6)(i) 
after opening the equipment and using 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.

[[Page 60]]

    (c) Any emission test is to be conducted while the equipment being 
tested is operating at the maximum production rate at which the 
equipment will be operated and under other relevant conditions as may be 
specified by the Administrator based on representative performance of 
the source.
    (d) [Reserved]
    (e) When at all possible, each sample is to be analyzed within 24 
hours, but in no case in excess of 72 hours of sample collection. Vinyl 
chloride emissions are to be determined within 30 days after the 
emission test. The owner or operator shall report the determinations to 
the Administrator by a registered letter dispatched before the close of 
the next business day following the determination.
    (f) The owner or operator shall retain at the plant and make 
available, upon request, for inspection by the Administrator, for a 
minimum of 3 years, records of emission test results and other data 
needed to determine emissions.
    (g) Unless otherwise specified, the owner or operator shall use 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:

[[Page 61]]

[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).
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.

[[Page 62]]

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.
    (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      H2O  vapor
   temperature          H2O vapor         temperature     H2O vapor pressure     temperature      pressure  (mm
     ([deg]C)       pressure  (mm Hg)       ([deg]C)            (mm Hg)           ([deg]C)             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

[[Page 63]]


              60              149.4                  82              384.9
              61              156.4                  83              400.6
----------------------------------------------------------------------------------------------------------------


                                                  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


[[Page 64]]


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\)
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

[[Page 65]]

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
    (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

[[Page 66]]

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.



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

[[Page 67]]

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 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).

[[Page 68]]

    (iii) The combined emissions from reactor opening loss and all 
sources following the reactor used as a stripper are to be determined 
for each batch stripped in a reactor according to the procedure 
prescribed in Sec.  61.67(g)(6).
    (iv) The report to the Administrator by the owner or operator is to 
include a record of any 24-hour average combined reactor opening loss 
and emissions from all sources following the reactor used as a stripper 
as determined in this paragraph, in excess of the limits prescribed in 
Sec.  61.64(f). The combined reactor opening loss and emissions from all 
sources following the reactor used as a stripper associated with each 
batch are to be averaged separately for each type of resin, over each 
calendar day and weighted according to the quantity of each grade of 
resin stripped in reactors that calendar day as follows:
    For each type of resin (suspension, dispersion, latex, bulk, other), 
the following calculation is to be performed:
[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.

[[Page 69]]

    (4) A daily operating record for each polyvinyl chloride reactor, 
including pressures and temperatures.

[41 FR 46594, Oct. 21, 1976, as amended at 42 FR 29007, June 7, 1977; 51 
FR 34914, Sept. 30, 1986]

Subpart G [Reserved]



  Subpart H_National Emission Standards for Emissions of Radionuclides 

          Other Than Radon From Department of Energy Facilities

    Source: 54 FR 51695, Dec. 15, 1989, unless otherwise noted.



Sec.  61.90  Designation of facilities.

    The provisions of this subpart apply to operations at any facility 
owned or operated by the Department of Energy that emits any 
radionuclide other than radon-222 and radon-220 into the air, except 
that this subpart does not apply to disposal at facilities subject to 40 
CFR part 191, subpart B or 40 CFR part 192.



Sec.  61.91  Definitions.

    As used in this subpart, all terms not defined here have the meaning 
given them in the Clean Air Act or 40 CFR part 61, subpart A. The 
following terms shall have the following specific meanings:
    (a) Effective dose equivalent means the sum of the products of 
absorbed dose and appropriate factors to account for differences in 
biological effectiveness due to the quality of radiation and its 
distribution in the body of reference man. The unit of the effective 
dose equivalent is the rem. For purposes of this subpart, doses caused 
by radon-222 and its respective decay products formed after the radon is 
released from the facility are not included. The method for calculating 
effective dose equivalent and the definition of reference man are 
outlined in the International Commission on Radiological Protection's 
Publication No. 26.
    (b) Facility means all buildings, structures and operations on one 
contiguous site.
    (c) Radionuclide means a type of atom which spontaneously undergoes 
radioactive decay.
    (d) Residence means any home, house, apartment building, or other 
place of dwelling which is occupied during any portion of the relevant 
year.



Sec.  61.92  Standard.

    Emissions of radionuclides to the ambient air from Department of 
Energy facilities shall not exceed those amounts that would cause any 
member of the public to receive in any year an effective dose equivalent 
of 10 mrem/yr.



Sec.  61.93  Emission monitoring and test procedures.

    (a) To determine compliance with the standard, radionuclide 
emissions shall be determined and effective dose equivalent values to 
members of the public calculated using EPA approved sampling procedures, 
computer models CAP-88 or AIRDOS-PC, or other procedures for which EPA 
has granted prior approval. DOE facilities for which the maximally 
exposed individual lives within 3 kilometers of all sources of emissions 
in the facility, may use EPA's COMPLY model and associated procedures 
for determining dose for purposes of compliance.
    (b) 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.

[[Page 70]]

    (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 withdrawn continuously from the sampling site following 
the guidance presented in ANSIN13.1-1969 ``Guide to Sampling Airborne 
Radioactive Materials in Nuclear Facilities'' (including the guidance 
presented in appendix A of ANSIN13.1) (incorporated by reference--see 
Sec.  61.18). The requirements for continuous sampling are applicable to 
batch processes when the unit is in operation. Periodic sampling (grab 
samples) may be used only with EPA's prior approval. Such approval may 
be granted in cases where continuous sampling is not practical and 
radionuclide emission rates are relatively constant. In such cases, grab 
samples shall be collected with sufficient frequency so as to provide a 
representative sample of the emissions.
    (iii) Radionuclides shall be collected and measured using procedures 
based on the principles of measurement described in appendix B, Method 
114. Use of methods based on principles of measurement different from 
those described in appendix B, Method 114 must have prior approval from 
the Administrator. EPA reserves the right to approve measurement 
procedures.
    (iv) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, Method 114.
    (3) When it is impractical to measure the effluent flow rate at an 
existing source in accordance with the requirements of paragraph (b)(1) 
of this section or to monitor or sample an effluent stream at an 
existing source in accordance with the site selection and sample 
extraction requirements of paragraph (b)(2) of this section, the 
facility owner or operator may use alternative effluent flow rate 
measurement procedures or site selection and sample extraction 
procedures provided that:
    (i) It can be shown that the requirements of paragraph (b) (1) or 
(2) of this section are impractical for the effluent stream.
    (ii) The alternative procedure will not significantly underestimate 
the emissions.
    (iii) The alternative procedure is fully documented.
    (iv) The owner or operator has received prior approval from EPA.
    (4)(i) Radionuclide emission measurements in conformance with the 
requirements of paragraph (b) of this section shall be made at all 
release points which have a potential to discharge radionuclides into 
the air in quantities which could cause an effective dose equivalent in 
excess of 1% of the standard. All radionuclides which could contribute 
greater than 10% of the potential effective dose equivalent for a 
release point shall be measured. With prior EPA approval, DOE may 
determine these emissions through alternative procedures. For other 
release points which have a potential to release radionuclides into the 
air, periodic confirmatory measurements shall be made to verify the low 
emissions.
    (ii) To determine whether a release point is subject to the emission 
measurement requirements of paragraph (b) of this section, it is 
necessary to evaluate the potential for radionuclide emissions for that 
release point. In evaluating the potential of a release point to 
discharge radionuclides into the air for the purposes of this section, 
the estimated radionuclide release rates shall be based on the discharge 
of the effluent stream that would result if all pollution control 
equipment did not exist, but the facilities operations were otherwise 
normal.
    (5) Environmental measurements of radionuclide air concentrations at 
critical receptor locations may be used as an alternative to air 
dispersion calculations in demonstrating compliance with the standard if 
the owner or operator meets the following criteria:
    (i) The air at the point of measurement shall be continuously 
sampled for collection of radionuclides.
    (ii) Those radionuclides released from the facility, which are the 
major contributors to the effective dose equivalent must be collected 
and measured as part of the environmental measurement program.

[[Page 71]]

    (iii) Radionuclide concentrations which would cause an effective 
dose equivalent of 10% of the standard shall be readily detectable and 
distinguishable from background.
    (iv) Net measured radionuclide concentrations shall be compared to 
the concentration levels in Table 2 of appendix E to determine 
compliance with the standard. In the case of multiple radionuclides 
being released from a facility, compliance shall be demonstrated if the 
value for all radionuclides is less than the concentration level in 
Table 2, and the sum of the fractions that result when each measured 
concentration value is divided by the value in Table 2 for each 
radionuclide is less than 1.
    (v) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, Method 114.
    (vi) Use of environmental measurements to demonstrate compliance 
with the standard is subject to prior approval of EPA. Applications for 
approval shall include a detailed description of the sampling and 
analytical methodology and show how the above criteria will be met.
    (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.

[[Page 72]]

    (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 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.

[[Page 73]]

    (4) A list of the stacks or vents or other points where radioactive 
materials are released to the atmosphere.
    (5) A description of the effluent controls that are used on each 
stack, vent, or other release point and an estimate of the efficiency of 
each control device.
    (6) Distances from the points of release to the nearest residence, 
school, business or office and the nearest farms producing vegetables, 
milk, and meat.
    (7) The values used for all other user-supplied input parameters for 
the computer models (e.g., meteorological data) and the source of these 
data.
    (8) A brief description of all construction and modifications which 
were completed in the calendar year for which the report is prepared, 
but for which the requirement to apply for approval to construct or 
modify was waived under Sec.  61.96 and associated documentation 
developed by DOE to support the waiver. EPA reserves the right to 
require that DOE send to EPA all the information that normally would be 
required in an application to construct or modify, following receipt of 
the description and supporting documentation.
    (9) Each report shall be signed and dated by a corporate officer or 
public official in charge of the facility and contain the following 
declaration immediately above the signature line: ``I certify under 
penalty of law that I have personally examined and am familiar with the 
information submitted herein and based on my inquiry of those 
individuals immediately responsible for obtaining the information, I 
believe that the submitted information is true, accurate and complete. I 
am aware that there are significant penalties for submitting false 
information including the possibility of fine and imprisonment. See, 18 
U.S.C. 1001.''
    (c) If the facility is not in compliance with the emission limits of 
Sec.  61.92 in the calendar year covered by the report, then the 
facility must commence reporting to the Administrator on a monthly basis 
the information listed in paragraph (b) of this section, for the 
preceding month. These reports will start the month immediately 
following the submittal of the annual report for the year in 
noncompliance and will be due 30 days following the end of each 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

[[Page 74]]

within an existing facility if the effective dose equivalent, caused by 
all emissions from the new construction or modification, is less than 1% 
of the standard prescribed in Sec.  61.92. For purposes of this 
paragraph the effective dose equivalent shall be calculated using the 
source term derived using appendix D as input to the dispersion and 
other computer models described in Sec.  61.93. DOE may, with prior 
approval from EPA, use another procedure for estimating the source term 
for use in this paragraph. A facility is eligible for this exemption 
only if, based on its last annual report, the facility is in compliance 
with this subpart.
    (c) Conditions to approvals granted under Sec.  61.08 will not 
contain requirements for post approval reporting on operating conditions 
beyond those specified in Sec.  61.94.



Sec.  61.97  Exemption from the reporting and testing requirements of 40 CFR 

61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



 Subpart I_National Emission Standards for Radionuclide Emissions From 

 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

[[Page 75]]

contact EPA to receive the information needed to determine dose. The 
source terms to be used for input into COMPLY shall be determined 
through the use of the measurement procedures listed in Sec.  61.107 or 
the emission factors in appendix D or through alternative procedures for 
which EPA has granted prior approval; or,
    (b) Facilities may demonstrate compliance with the emission standard 
in this subpart through the use of computer models that are equivalent 
to COMPLY, provided that the model has received prior approval from EPA 
headquarters. Any facility using a model other than COMPLY must file an 
annual report. EPA may approve an alternative model in whole or in part 
and may limit its use to specific circumstances.



Sec.  61.104  Reporting requirements.

    (a) The owner or operator of a facility subject to this subpart must 
submit an annual report to the EPA covering the emissions of a calendar 
year by March 31 of the following year.
    (1) The report or application for approval to construct or modify as 
required by 40 CFR part 61, subpart A and Sec.  61.106, must provide the 
following information:
    (i) The name of the facility.
    (ii) The name of the person responsible for the operation of the 
facility 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

[[Page 76]]

Sec.  61.102, as determined by the compliance procedures from Sec.  
61.103(a), are exempt from the reporting requirements of Sec.  
61.104(a). Facilities shall annually make a new determination whether 
they are exempt from reporting.
    (c) If the facility is not in compliance with the emission limits of 
Sec.  61.102 in the calendar year covered by the report, the facility 
must report to the Administrator on a monthly basis the information 
listed in paragraph (a) of this section, for the preceding month. These 
reports will start the month immediately following the submittal of the 
annual report for the year in noncompliance and will be due 30 days 
following the end of each month. This increased level of reporting will 
continue until the Administrator has determined that the monthly reports 
are no longer necessary. In addition to all the information required in 
paragraph (a) of this section, monthly reports shall also include the 
following information:
    (1) All controls or other changes in operation of the facility that 
will be or are being installed to bring the facility into compliance.
    (2) If the facility is under a judicial or administrative 
enforcement decree the report will describe the facilities performance 
under the terms of the decree.
    (d) The first report will cover the emissions of calendar year 1990.



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.

[[Page 77]]

For variable flow rates, continuous or frequent flow rate measurements 
shall be made. For relatively constant flow rates only periodic 
measurements are necessary.
    (2) Radionuclides shall be directly monitored or extracted, 
collected, and measured using the following methods:
    (i) Reference Method 1 of appendix A part 60 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

[[Page 78]]

part of the environmental measurements program.
    (iii) Radionuclide concentrations which would cause an effective 
dose equivalent greater than or equal to 10% of the standard shall be 
readily detectable and distinguishable from background.
    (iv) Net measured radionuclide concentrations shall be compared to 
the concentration levels in Table 2 of appendix E to determine 
compliance with the standard. In the case of multiple radionuclides 
being released from a facility, compliance shall be demonstrated if the 
value for all radionuclides is less than the concentration level in 
Table 2 and the sum of the fractions that result when each measured 
concentration value is divided by the value in Table 2 for each 
radionuclide is less than 1.
    (v) A quality assurance program shall be conducted that meets the 
performance requirements described in appendix B, Method 114.
    (vi) Use of environmental measurements to demonstrate compliance 
with the standard is subject to prior approval of EPA. Applications for 
approval shall include a detailed description of the sampling and 
analytical methodology and show how the above criteria will be met.
    (c) The following facilities may use either the methodologies and 
quality assurance programs described in paragraph (b) of this section or 
may use the following:
    (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.

[[Page 79]]

    (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 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]

[[Page 80]]



Sec.  61.108  Exemption from the reporting and testing requirements of 40 CFR 

61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



   Subpart J_National Emission Standard for Equipment Leaks (Fugitive 

                      Emission Sources) of Benzene

    Source: 49 FR 23513, June 6, 1984, unless otherwise noted.



Sec.  61.110  Applicability and designation of sources.

    (a) The provisions of this subpart apply to each of the following 
sources that are intended to operate in benzene service: pumps, 
compressors, pressure relief devices, sampling 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.

[[Page 81]]



Sec.  61.121  Definitions.

    (a) Elemental phosphorus plant or plant means any facility that 
processes phosphate rock to produce elemental phosphorus. A plant 
includes all buildings, structures, operations, calciners and nodulizing 
kilns on one contiguous site.
    (b) Calciner or Nodulizing kiln means a unit in which phosphate rock 
is heated to high temperatures to remove organic material and/or to 
convert it to a nodular form. For the purpose of this subpart, calciners 
and nodulizing kilns are considered to be similar units.



Sec.  61.122  Emission standard.

    Emissions of polonium-210 to the ambient air from all calciners and 
nodulizing kilns at an elemental phosphorus plant shall not exceed a 
total of 2 curies a year; except that compliance with this standard may 
be conclusively shown if the elemental phosphorus plant:
    (a) Installs a Hydro-Sonic [reg] 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

[[Page 82]]

emission test, meeting the requirements of this section, shall be 
conducted within 45 days under these conditions.
    (f) Each owner or operator of an elemental phosphorus plant shall 
furnish the Administrator with a written report of the results of the 
emission test within 60 days of conducting the test. The report must 
provide the following information:
    (1) The name and location of the facility.
    (2) The name of the person responsible for the operation of the 
facility and the name of the person preparing the report (if different).
    (3) A description of the effluent controls that are used on each 
stack, vent, or other release point and an estimate of the efficiency of 
each device.
    (4) The results of the testing, including the results of each 
sampling run completed.
    (5) The values used in calculating the emissions and the source of 
these data.
    (6) Each report shall be signed and dated by a corporate officer in 
charge of the facility and contain the following declaration immediately 
above the signature line: ``I certify under penalty of law that I have 
personally examined and am familiar with the information submitted 
herein and based on my inquiry of those individuals immediately 
responsible for obtaining the information, I believe that the submitted 
information is true, accurate and complete. I am aware that there are 
significant penalties for submitting false information including the 
possibility of fine and imprisonment. See, 18 U.S.C. 1001.''

[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,

[[Page 83]]

and operate a monitoring device for the continuous measurement and 
recording of the primary and secondary current and the voltage in each 
electric field. These continuous measurement recordings shall be 
maintained at the source and made available for inspection by the 
Administrator, or his authorized representative, for a minimum of 5 
years.

[56 FR 65943, Dec. 19, 1991]



Sec.  61.127  Exemption from the reporting and testing requirements of 40 CFR 

61.10.

    All facilities designated under this subpart are exempt from the 
reporting requirements of 40 CFR 61.10.



Subpart L_National Emission Standard for Benzene Emissions from Coke By-

                         Product Recovery Plants

    Source: 54 FR 38073, Sept. 14, 1989, unless otherwise noted.



Sec.  61.130  Applicability, designation of sources, and delegation of 

authority.

    (a) The provisions of this subpart apply to each of the following 
sources at furnace and foundry coke by-product recovery plants: tar 
decanters, tar storage tanks, tar-intercepting sumps, flushing-liquor 
circulation tanks, light-oil sumps, light-oil condensers, light-oil 
decanters, wash-oil decanters, wash-oil circulation tanks, naphthalene 
processing, final coolers, final-cooler cooling towers, and the 
following equipment that are intended to operate in benzene service: 
pumps, valves, exhausters, pressure relief devices, sampling connection 
systems, open-ended valves or lines, flanges or other connectors, and 
control devices or systems required by Sec.  61.135.
    (b) The provisions of this subpart also apply to benzene storage 
tanks, BTX storage tanks, light-oil storage tanks, and excess ammonia-
liquor storage tanks at furnace coke by-product recovery plants.
    (c) In delegating implementation and enforcement authority to a 
State under section 112 of the Act, the authorities contained in 
paragraph (d) of this section shall be retained by the Administrator and 
not transferred to a State.
    (d) Authorities that will not be delegated to States: Sec.  
61.136(d).

[54 FR 51699, Dec. 15, 1989, as amended at 56 FR 47406, Sept. 19, 1991]



Sec.  61.131  Definitions.

    As used in this subpart, all terms not defined herein shall have the 
meaning given them in the Act, in subpart A of part 61, and in subpart V 
of part 61. The following terms shall have the specific meanings given 
them:
    Annual coke production means the coke produced in the batteries 
connected to the coke by-product recovery plant over a 12-month period. 
The first 12-month period concludes on the first December 31 that comes 
at least 12 months after the effective date or after the date of initial 
startup if initial startup is after the effective date.
    Benzene storage tank means any tank, reservoir, or container used to 
collect or store refined benzene.
    BTX storage tank means any tank, reservoir, or container used to 
collect or store benzene-toluene-xylene or other light-oil fractions.
    Car seal means a seal that is placed on the device used to change 
the position of a valve (e.g., from open to closed) such that the 
position of the valve cannot be changed without breaking the seal and 
requiring the replacement of the old seal, once broken, with a new seal.
    Coke by-product recovery plant means any plant designed and operated 
for the separation and recovery of coal tar derivatives (by-products) 
evolved from coal during the coking process of a coke oven battery.
    Equipment means each pump, valve, exhauster, pressure relief device, 
sampling connection system, open-ended 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

[[Page 84]]

that provides motive power for coke oven gases.
    Foundry coke means coke that is produced from raw materials with 
less than 26 percent volatile material by weight and that is subject to 
a coking period of 24 hours or more. Percent volatile material of the 
raw materials (by weight) is the weighted average percent volatile 
material of all raw materials (by weight) charged to the coke oven per 
coking cycle.
    Foundry coke by-product recovery plant means a coke by-product 
recovery plant connected to coke batteries whose annual coke production 
is at least 75 percent foundry coke.
    Flushing-liquor circulation tank means any vessel that functions to 
store or contain flushing liquor that is separated from the tar in the 
tar decanter and is recirculated as the cooled liquor to the gas 
collection system.
    Furnace coke means coke produced in by-product ovens that is not 
foundry coke.
    Furnace coke by-product recovery plant means a coke by-product 
recovery plant that is not a foundry coke by-product recovery plant.
    In benzene service means a piece of equipment, other than an 
exhauster, that either contains or contacts a fluid (liquid or gas) that 
is at least 10 percent benzene by weight or any exhauster that either 
contains or contacts a fluid (liquid or gas) at least 1 percent benzene 
by weight as determined by the provisions of Sec.  61.137(b). The 
provisions of Sec.  61.137(b) also specify how to determine that a piece 
of equipment is not in benzene service.
    Light-oil condenser means any unit in the light-oil recovery 
operation that functions to condense benzene-containing vapors.
    Light-oil decanter means any vessel, tank, or other type of device 
in the light-oil recovery operation that functions to separate light oil 
from water downstream of the light-oil condenser. A light-oil decanter 
also may be known as a light-oil separator.
    Light-oil storage tank means any tank, reservoir, or container used 
to collect or store crude or refined light-oil.
    Light-oil sump means any tank, pit, enclosure, or slop tank in 
light-oil recovery operations that functions as a wastewater separation 
device for hydrocarbon liquids on the surface of the water.
    Naphthalene processing means any operations required to recover 
naphthalene including the separation, refining, and drying of crude or 
refined naphthalene.
    Non-regenerative carbon adsorber means a series, over time, of non-
regenerative carbon beds applied to a single source or group of sources, 
where non-regenerative carbon beds are carbon beds that are either never 
regenerated or are moved from their location for regeneration.
    Process vessel means each tar decanter, flushing-liquor circulation 
tank, light-oil condenser, light-oil decanter, wash-oil decanter, or 
wash-oil circulation tank.
    Regenerative carbon adsorber means a carbon adsorber applied to a 
single source or group of sources, in which the carbon beds are 
regenerated without being moved from their location.
    Semiannual means a 6-month period; the first semiannual period 
concludes on the last day of the last full month during the 180 days 
following initial startup for new sources; the first semiannual period 
concludes on the last day of the last full month during the 180 days 
after the effective date of the regulation for existing sources.
    Tar decanter means any vessel, tank, or container that functions to 
separate heavy tar and sludge from flushing liquor by means of gravity, 
heat, or chemical emulsion breakers. A tar decanter also may be known as 
a flushing-liquor decanter.
    Tar storage tank means any vessel, tank, reservoir, or other type of 
container used to collect or store crude tar or tar-entrained 
naphthalene, except for tar products obtained by distillation, such as 
coal tar pitch, creosotes, 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

[[Page 85]]

condensate discharged from the primary cooler. A tar-intercepting sump 
also may be known as a primary-cooler decanter.
    Vapor incinerator means any enclosed combustion device that is used 
for destroying organic compounds and does not necessarily extract energy 
in the form of steam or process heat.
    Wash-oil circulation tank means any vessel that functions to hold 
the wash oil used in light-oil recovery operations or the wash oil used 
in the wash-oil final cooler.
    Wash-oil decanter means any vessel that functions to separate, by 
gravity, the condensed water from the wash oil received from a wash-oil 
final cooler or from a light-oil scrubber.

[54 FR 38073, Sept. 14, 1989, as amended at 56 FR 47406, Sept. 19, 1991]



Sec.  61.132  Standard: Process vessels, storage tanks, and tar-intercepting 

sumps.

    (a)(1) Each owner or operator of a furnace or a foundry coke 
byproduct recovery plant shall enclose and seal all openings on each 
process vessel, tar storage tank, and tar-intercepting sump.
    (2) The owner or operator shall duct gases from each process vessel, 
tar storage tank, and tar-intercepting sump to the gas collection 
system, gas distribution system, or other enclosed point in the by-
product recovery process where the benzene in the gas will be recovered 
or destroyed. This control system shall be designed and operated for no 
detectable emissions, as indicated by an instrument reading of less than 
500 ppm above background and visual inspections, as determined by the 
methods specified in Sec.  61.245(c). This system can be designed as a 
closed, positive pressure, gas blanketing system.
    (i) Except, the owner or operator may elect to install, operate, and 
maintain a pressure relief device, vacuum relief device, an access 
hatch, and a sampling port on each process vessel, tar storage tank, and 
tar-intercepting sump. Each access hatch and sampling port must be 
equipped with a gasket and a cover, seal, or lid that must be kept in a 
closed position at all times, unless in actual use.
    (ii) The owner or operator may elect to leave open to the atmosphere 
the portion of the liquid surface in each tar decanter necessary to 
permit operation of a sludge conveyor. If the owner or operator elects 
to maintain an opening on part of the liquid surface of the tar 
decanter, the owner or operator shall install, operate, and maintain a 
water leg seal on the tar decanter roof near the sludge discharge chute 
to ensure enclosure of the major portion of liquid surface not necessary 
for the operation of the sludge conveyor.
    (b) Following the installation of any control equipment used to meet 
the requirements of paragraph (a) of this section, the owner or operator 
shall monitor the connections and seals on each control system to 
determine if it is operating with no detectable emissions, using 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

[[Page 86]]

other maintenance defects that could result in abnormal system 
operation. The owner or operator shall make a first attempt at repair 
within 5 days, with repair within 15 days of detection.
    (d) Each owner or operator of a furnace coke by-product recovery 
plant also shall comply with the requirements of paragraphs (a)-(c) of 
this section for each benzene storage tank, BTX storage tank, light-oil 
storage tank, and excess ammonia-liquor storage tank.

[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.

[[Page 87]]

    (e) Each exhauster equipped with a seal system that includes a 
barrier fluid system and that prevents leakage of process fluids to the 
atmosphere is exempt from the requirements of paragraph (d) of this 
section provided the following requirements are met:
    (1) Each exhauster seal system is:
    (i) Operated with the barrier fluid at a pressure that is greater 
than the exhauster stuffing box pressure; or
    (ii) Equipped with a barrier fluid system that is connected by a 
closed vent system to a control device that complies with the 
requirements of Sec.  61.242-11; or
    (iii) Equipped with a system that purges the barrier fluid into a 
process stream with zero benzene emissions to the atmosphere.
    (2) The barrier fluid is not in benzene service.
    (3) Each barrier fluid system shall be equipped with a sensor that 
will detect failure of the seal system, barrier fluid system, or both.
    (4)(i) Each sensor as described in paragraph (e)(3) of this section 
shall be checked daily or shall be equipped with an audible alarm.
    (ii) The owner or operator shall determine, based on design 
considerations and operating experience, a criterion that indicates 
failure of the seal system, the barrier fluid system, or both.
    (5) If the sensor indicates failure of the seal system, the barrier 
system, or both (based on the criterion determined under paragraph 
(e)(4)(ii) of this section), a leak is detected.
    (6)(i) When a leak is detected, it shall be repaired as soon as 
practicable, but not later than 15 calendar days after it is detected, 
except as provided in Sec.  61.242-10.
    (ii) A first attempt at repair shall be made no later than 5 
calendar days after each leak is detected.
    (f) An exhauster is exempt from the requirements of paragraph (d) of 
this section if it is equipped with a closed vent system capable of 
capturing and transporting any leakage from the seal or seals to a 
control device that complies with the requirements of Sec.  61.242-11 
except as provided in paragraph (g) of this section.
    (g) Any exhauster that is designated, as described in Sec.  
61.246(e) for no detectable emissions, as indicated by an instrument 
reading of less than 500 ppm above background, is exempt from the 
requirements of paragraph (d) of this section if the exhauster:
    (1) Is demonstrated to be operating with no detectable emissions, as 
indicated by an instrument reading of less than 500 ppm above 
background, as measured by the methods specified in Sec.  61.245(c); and
    (2) Is tested for compliance with paragraph (g)(1) of this section 
initially upon designation, annually, and at other times requested by 
the Administrator.
    (h) Any exhauster that is in vacuum service is excluded from the 
requirements of this subpart if it is identified as required in Sec.  
61.246(e)(5).



Sec.  61.136  Compliance provisions and alternative means of emission 

limitation.

    (a) Each owner or operator subject to the provisions of this subpart 
shall demonstrate compliance with the requirements of 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

[[Page 88]]

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. 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

[[Page 89]]

months after the initial reports required in Sec.  61.138(e) and Sec.  
61.10, which includes the following information:
    (1) For sources subject to Sec.  61.132 and sources subject to Sec.  
61.133,
    (i) A brief description of any visible defect in the source or 
ductwork,
    (ii) The number of leaks detected and repaired, and
    (iii) A brief description of any system abnormalities found during 
each annual maintenance inspection that occurred in the reporting period 
and the repairs made.
    (2) For equipment in benzene service subject to Sec.  61.135(a), 
information required by Sec.  61.247(b).
    (3) For each exhauster subject to Sec.  61.135 for each quarter 
during the semiannual reporting period,
    (i) The number of exhausters for which leaks were detected as 
described in Sec.  61.135 (d) and (e)(5),
    (ii) The number of exhausters for which leaks were repaired as 
required in Sec.  61.135 (d) and (e)(6),
    (iii) The results of performance tests to determine compliance with 
Sec.  61.135(g) conducted within the semiannual reporting period.
    (4) A statement signed by the owner or operator stating whether all 
provisions of 40 CFR part 61, subpart L, have been fulfilled during the 
semiannual reporting period.
    (5) For foundry coke by-product recovery plants, the annual coke 
production of both furnace and foundry coke, if determined during the 
reporting period.
    (6) Revisions to items reported according to paragraph (e) of this 
section if changes have occurred since the initial report or subsequent 
revisions to the initial report.
    Note: Compliance with the requirements of Sec.  61.10(c) is not 
required for revisions documented under this paragraph.
    (g) In the first report submitted as required in Sec.  61.138(e), 
the report shall include a reporting schedule stating the months that 
semiannual reports shall be submitted. Subsequent reports shall be 
submitted according to that schedule unless a revised schedule has been 
submitted in a previous semiannual report.
    (h) An owner or operator electing to comply with the provisions of 
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

[[Page 90]]

no later than when the benzene concentration or organic vapor 
concentration level in the adsorber outlet vent reaches the maximum 
concentration point, as determined in Sec.  61.139(h).
    (4) For each non-regenerative carbon adsorber, the owner or operator 
shall replace the carbon at the scheduled replacement time, or as soon 
as practicable (but not later than 16 hours) after an exceedance of the 
maximum concentration point is detected, whichever is sooner.
    (i) For each non-regenerative carbon adsorber, the scheduled 
replacement time means the day that is estimated to be 90 percent of the 
demonstrated bed life, as defined in Sec.  61.139(h)(5).
    (ii) For each non-regenerative carbon adsorber, an exceedance of the 
maximum concentration point shall mean any concentration greater than or 
equal to the maximum concentration point as determined in Sec.  
61.139(h).
    (c) Compliance with the provisions of this section shall be 
determined as follows:
    (1) For each carbon adsorber and vapor incinerator, the owner or 
operator shall demonstrate compliance with the efficiency limit by a 
compliance test as specified in Sec.  61.13 and Sec.  61.139(g). If a 
waiver of compliance has been granted under Sec.  61.11, the deadline 
for conducting the initial compliance test shall be incorporated into 
the terms of the waiver. The benzene removal efficiency rate for each 
carbon adsorber and vapor incinerator shall be calculated as in the 
following equation:


Where:

E=percent removal of benzene.
Caj=concentration of benzene in vents after the control 
device, parts per million (ppm).
Cbi=concentration of benzene in vents before the control 
device, ppm.
Qaj = volumetric flow rate in vents after the control device, 
standard cubic meters/minute (scm/min) [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.

[[Page 91]]

    (2) All measurements of organic compound concentration levels shall 
be reasonable indicators of benzene concentration.
    (i) The monitoring device for measuring organic compound 
concentration levels shall meet the requirements of paragraphs Sec.  
61.139(d)(2) (i) and (ii).
    (ii) The probe inlet of the monitoring device shall be placed at 
approximately the center of the carbon adsorber outlet vent. The probe 
shall be held there for at least 5 minutes during which flow into the 
carbon adsorber is expected to occur. The maximum reading during that 
period shall be used as the measurement.
    (3) Monitoring shall be performed at least once within the first 7 
days after replacement of the carbon bed occurs, and monthly thereafter 
until 10 days before the scheduled replacement time, at which point 
monitoring shall be done daily, except as specified in paragraphs (e)(4) 
and (e)(5) of this section.
    (4) If an owner or operator detects an exceedance of the maximum 
concentration point during the monthly monitoring or on the first day of 
daily monitoring as prescribed in paragraph (e)(3) of this section, 
then, after replacing the bed, the owner or operator shall begin the 
daily monitoring of the replacement carbon bed on the day after the last 
scheduled monthly monitoring before the exceedance was detected, or 10 
days before the exceedance was detected, whichever is longer.
    (5) If an owner or operator detects an exceedance of the maximum 
concentration point during the daily monitoring as prescribed in 
paragraph (e)(3) of this section, except on the first day, then, after 
replacing the bed, the owner or operator shall begin the daily 
monitoring of the replacement carbon bed 10 days before the exceedance 
was detected.
    (6) If the owner or operator is monitoring on the schedule required 
in paragraph (e)(4) or paragraph (e)(5) of this section, and the 
scheduled replacement time is reached without exceeding the maximum 
concentration point, the owner or operator may return to the monitoring 
schedule in paragraph (e)(3) of this section for subsequent carbon beds.
    Note: This note provides an example of the monitoring schedules in 
paragraphs (e)(3), (e)(4) and (e)(5) of this section. Assume that the 
scheduled replacement time for a non-regenerative carbon adsorber is the 
105th day after installation. According to the monitoring schedule in 
paragraph (e)(3) of this section, initial monitoring would be done 
within 7 days after installation, monthly monitoring would be done on 
the 30th, 60th and 90th days, and daily monitoring would begin on the 
95th day after installation. Now assume that an exceedance of the 
maximum concentration point is detected on the 90th day after 
installation. On the replacement carbon bed, the owner or operator would 
begin daily monitoring on the 61st day after installation (i.e., the day 
after the last scheduled monthly monitoring before the exceedance was 
detected), according to the requirements in paragraph (e)(4) of this 
section. If, instead, the exceedance were detected on the first bed on 
the 95th day, the daily monitoring of the replacement bed would begin on 
the 85th day after installation (i.e., 10 days before the point in the 
cycle where the exceedance was detected); this is a second example of 
the requirements in paragraph (e)(4) of this section. Finally, assume 
that an exceedance of the maximum concentration point is detected on the 
100th day after the first carbon adsorber was installed. According to 
paragraph (e)(5) of this section, daily monitoring of the replacement 
bed would begin on the 90th day after installation (i.e., 10 days 
earlier than when the exceedance was detected on the previous bed). In 
all of these examples, the initial monitoring of the replacement bed 
within 7 days of installation and the monthly monitoring would proceed 
as set out in paragraph (e)(3) of this section until daily monitoring 
was required.
    (f) For each vapor incinerator, the owner or operator shall comply 
with the monitoring requirements specified below:
    (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.

[[Page 92]]

    (2) Comply with paragraph (f)(2)(i), paragraph (f)(2)(ii), or 
paragraph (f)(3)(iii) of this section.
    (i) Install, calibrate, maintain and operate according to the 
manufacturer's specifications a flow indicator that provides a record of 
vent stream flow to the incinerator at least once every hour for each 
source. The flow indicator shall be installed in the vent stream from 
each source at a point closest to the inlet of each vapor incinerator 
and before being joined with any other vent stream.
    (ii) Install, calibrate, maintain and operate according to the 
manufacturer's specifications a flow indicator that provides a record of 
vent stream flow away from the vapor incinerator at least once every 15 
minutes. The flow indicator shall be installed in each bypass line, 
immediately downstream of the valve that, if opened, would divert the 
vent stream away from the vapor incinerator.
    (iii) Where a valve that opens a bypass line is secured in the 
closed position with a car seal or a lock-and-key configuration, a flow 
indicator is not required. The owner or operator shall perform a visual 
inspection at least once every month to check the position of the valve 
and the condition of the car seal or lock-and-key configuration. The 
owner or operator shall also record the date and duration of each time 
that the valve was opened and the vent stream diverted away from the 
vapor incinerator.
    (g) In conducting the compliance tests required in Sec.  61.139(c), 
and measurements specified in Sec.  61.139(d)(1), (e)(1) and (h)(3)(ii), 
the owner or operator shall use as reference methods the test methods 
and procedures in appendix A to 40 CFR part 60, or other methods as 
specified in this paragraph, except as specified in Sec.  61.13.
    (1) For compliance tests, as described in Sec.  61.139(c)(1), the 
following provisions apply.
    (i) All tests shall be run under representative emission 
concentration and vent flow rate conditions. For sources with 
intermittent flow rates, representative conditions shall include typical 
emission surges (for example, during the loading of a storage tank).
    (ii) Each test shall consist of three separate runs. These runs will 
be averaged to yield the volumetric flow rates and benzene 
concentrations in the equation in Sec.  61.139(c)(1). Each run shall be 
a minimum of 1 hour.
    (A) For each regenerative carbon adsorber, each run shall take place 
in one adsorption cycle, to include a minimum of 1 hour of sampling 
immediately preceding the initiation of carbon bed regeneration.
    (B) For each non-regenerative carbon adsorber, all runs can occur 
during one adsorption cycle.
    (iii) The measurements during the runs shall be paired so that the 
inlet and outlet to the control device are measured simultaneously.
    (iv) Method 1 or 1A shall be used as applicable for locating 
measurement sites.
    (v) Method 2, 2A, or 2D shall be used as applicable for measuring 
vent flow rates.
    (vi) Method 18 shall be used for determining the benzene 
concentrations (Caj and Cbi). Either 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

[[Page 93]]

or Cbi) shall be determined. The sampling system shall be 
constructed to include a mixing chamber of a volume equal to 5 times the 
sampling flow rate per minute. Each analysis performed by the 
chromatograph will then represent an averaged emission value for a 5-
minute time period. The vent flow rate readings shall be timed to 
account for the total sample system residence time. A dual column, dual 
detector chromatograph can be used to achieve an analysis interval of 5 
minutes. The individual benzene concentrations shall be vent flow rate 
weighted to determine sample run average concentrations. The individual 
vent flow rates shall be time averaged to determine sample run average 
flow rates.
    (2) For testing the benzene concentration at the outlet vent of the 
carbon adsorber as specified under 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:

[[Page 94]]

    (i) For a regenerative carbon adsorber, the owner or operator is 
exempt from the provisions in paragraph (h)(3) of this section.
    (ii) For a non-regenerative carbon adsorber, the owner or operator 
is required to collect the data points in paragraph (h)(3) of this 
section with only the monitoring device, and is exempt from the 
simultaneous Method 18 measurement.
    (5) For each non-regenerative carbon adsorber, the demonstrated bed 
life shall be the carbon bed life, measured in days from the time the 
bed is installed until the maximum concentration point is reached, for 
the carbon bed that is used to determine the maximum concentration 
point.
    (i) The following recordkeeping requirements are applicable to 
owners and operators of control devices subject to Sec.  61.139. All 
records shall be kept updated and in a readily accessible location.
    (1) The following information shall be recorded for each control 
device for the life of the control device:
    (i) The design characteristics of the control device and a list of 
the source or sources vented to it.
    (ii) 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.

[[Page 95]]

    (7) For each vapor incinerator, the following shall be recorded for 
at least 2 years:
    (i) If subject to Sec.  61.139(f)(2)(i), records of the flow 
indication, and of all periods when the vent stream is diverted from the 
vapor incinerator or has no flow rate.
    (ii) If subject to Sec.  61.139(f)(2)(ii), records of the flow 
indication, and of all periods when the vent stream is diverted from the 
vapor incinerator.
    (iii) If subject to Sec.  61.139(f)(2)(iii), records of the 
conditions found during each monthly inspection, and of each period when 
the car seal is broken, when the valve position is changed, or when 
maintenance on the bypass line valve is performed.
    (j) The following reporting requirements are applicable to owners or 
operators of control devices subject to Sec.  61.139:
    (1) Compliance tests shall be reported as specified in Sec.  
61.13(f).
    (2) The following information shall be reported 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.

[[Page 96]]

    Asbestos-containing waste materials means mill tailings or any waste 
that contains commercial asbestos and is generated by a source subject 
to the provisions of this subpart. This term includes filters from 
control devices, friable asbestos waste material, and bags or other 
similar packaging contaminated with commercial asbestos. As applied to 
demolition and renovation operations, this term also includes regulated 
asbestos-containing material waste and materials contaminated with 
asbestos including disposable equipment and clothing.
    Asbestos mill means any facility engaged in converting, or in any 
intermediate step in converting, asbestos ore into commercial asbestos. 
Outside storage of asbestos material is not considered a part of the 
asbestos mill.
    Asbestos tailings means any solid waste that contains asbestos and 
is a product of asbestos mining or milling operations.
    Asbestos waste from control devices means any waste material that 
contains asbestos and is collected by a pollution control device.
    Category I nonfriable asbestos-containing material (ACM) means 
asbestos-containing packings, gaskets, resilient floor covering, and 
asphalt roofing products containing more than 1 percent asbestos as 
determined using the method specified in appendix E, subpart E, 40 CFR 
part 763, section 1, Polarized Light Microscopy.
    Category II nonfriable ACM means any material, excluding Category I 
nonfriable ACM, containing more than 1 percent asbestos as determined 
using the methods specified in appendix E, subpart E, 40 CFR part 763, 
section 1, Polarized Light Microscopy that, when dry, cannot be 
crumbled, pulverized, or reduced to powder by hand pressure.
    Commercial asbestos means any material containing asbestos that is 
extracted from ore and has value because of its asbestos content.
    Cutting means to penetrate with a sharp-edged instrument and 
includes sawing, but does not include shearing, slicing, or punching.
    Demolition means the wrecking or taking out of any load-supporting 
structural member of a facility together with any related handling 
operations or the intentional burning of any facility.
    Emergency renovation operation means a renovation operation that was 
not planned but results from a sudden, unexpected event that, if not 
immediately attended to, presents a safety or public health hazard, is 
necessary to protect equipment from damage, or is necessary to avoid 
imposing an unreasonable financial burden. This term includes operations 
necessitated by nonroutine failures of equipment.
    Fabricating means any processing (e.g., cutting, sawing, drilling) 
of a manufactured product that contains commercial asbestos, with the 
exception of processing at temporary sites (field fabricating) for the 
construction or restoration of facilities. In the case of friction 
products, fabricating includes bonding, debonding, grinding, sawing, 
drilling, or other similar operations performed as part of fabricating.
    Facility means any institutional, commercial, public, industrial, or 
residential structure, installation, or building (including any 
structure, installation, or building containing condominiums or 
individual dwelling units operated as a residential cooperative, but 
excluding residential buildings having four or fewer dwelling units); 
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.

[[Page 97]]

    Fugitive source means any source of emissions not controlled by an 
air pollution control device.
    Glove bag means a sealed compartment with attached inner gloves used 
for the handling of asbestos-containing materials. Properly installed 
and used, glove bags provide a small work area enclosure typically used 
for small-scale asbestos stripping operations. Information on glove-bag 
installation, equipment and supplies, and work practices is contained in 
the Occupational Safety and Health Administration's (OSHA's) final rule 
on occupational exposure to asbestos (appendix G to 29 CFR 1926.58).
    Grinding means to reduce to powder or small fragments and includes 
mechanical chipping or drilling.
    In poor condition means the binding of the material is losing its 
integrity as indicated by peeling, cracking, or crumbling of the 
material.
    Inactive waste disposal site means any disposal site or portion of 
it where additional asbestos-containing waste material has not been 
deposited within the past year.
    Installation means any building or structure or any group of 
buildings or structures at a single demolition or renovation site that 
are under the control of the same owner or operator (or owner or 
operator under common control).
    Leak-tight means that solids or liquids cannot escape or spill out. 
It also means dust-tight.
    Malfunction means any sudden and unavoidable failure of air 
pollution control equipment or process equipment or of a process to 
operate in a normal or usual manner so that emissions of asbestos are 
increased. Failures of equipment shall not be considered malfunctions if 
they are caused in any way by poor maintenance, careless operation, or 
any other preventable upset conditions, equipment breakdown, or process 
failure.
    Manufacturing means the combining of commercial asbestos--or, in the 
case of woven friction products, the combining of textiles containing 
commercial asbestos--with any other material(s), including commercial 
asbestos, and the processing of this combination into a product. 
Chlorine production is considered a part of manufacturing.
    Natural barrier means a natural object that effectively precludes or 
deters access. Natural barriers include physical obstacles such as 
cliffs, lakes or other large bodies of water, deep and wide ravines, and 
mountains. Remoteness by itself is not a natural barrier.
    Nonfriable asbestos-containing material means any material 
containing more than 1 percent asbestos as determined using the method 
specified in appendix E, subpart E, 40 CFR part 763, section 1, 
Polarized Light Microscopy, that, when dry, cannot be crumbled, 
pulverized, or reduced to powder by hand pressure.
    Nonscheduled renovation operation means a renovation operation 
necessitated by the routine failure of equipment, which is expected to 
occur within a given period based on past operating experience, but for 
which an exact date cannot be predicted.
    Outside air means the air outside buildings and structures, 
including, but not limited to, the air under a bridge or in an open air 
ferry dock.
    Owner or operator of a demolition or renovation activity means any 
person who owns, leases, operates, controls, or supervises the facility 
being demolished or renovated or any person who 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

[[Page 98]]

the material in the course of demolition or renovation operations 
regulated by this subpart.
    Remove means to take out RACM or facility components that contain or 
are covered with RACM from any facility.
    Renovation means altering a facility or one or more facility 
components in any way, including the stripping or removal of RACM from a 
facility component. Operations in which load-supporting structural 
members are wrecked or taken out are demolitions.
    Resilient floor covering means asbestos-containing floor tile, 
including asphalt and vinyl floor tile, and sheet vinyl floor covering 
containing more than 1 percent asbestos as determined using polarized 
light microscopy according to the method specified in appendix E, 
subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy.
    Roadways means surfaces on which vehicles travel. This term includes 
public and private highways, roads, streets, parking areas, and 
driveways.
    Strip means to take off RACM from any part of a facility or facility 
components.
    Structural member means any load-supporting member of a facility, 
such as beams and load supporting walls; or any nonload-supporting 
member, such as ceilings and nonload-supporting walls.
    Visible emissions means any emissions, which are visually detectable 
without the aid of instruments, coming from RACM or asbestos-containing 
waste material, or from any asbestos milling, manufacturing, or 
fabricating operation. This does not include condensed, uncombined water 
vapor.
    Waste generator means any owner or operator of a source covered by 
this subpart whose act or process produces asbestos-containing waste 
material.
    Waste shipment record means the shipping document, required to be 
originated and signed by the waste generator, used to track and 
substantiate the disposition of asbestos-containing waste material.
    Working day means Monday through Friday and includes holidays that 
fall on any of the days Monday through Friday.

[49 FR 13661, Apr. 5, 1984; 49 FR 25453, June 21, 1984, as amended by 55 
FR 48414, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991; 60 FR 31920, June 
19, 1995]



Sec.  61.142  Standard for asbestos mills.

    (a) Each owner or operator of an asbestos mill shall either 
discharge no visible emissions to the outside air from that asbestos 
mill, including fugitive sources, or use the methods specified by Sec.  
61.152 to clean emissions containing particulate asbestos material 
before they escape to, or are vented to, the outside air.
    (b) Each owner or operator of an asbestos mill shall meet the 
following requirements:
    (1) Monitor each potential source of asbestos emissions from any 
part of the mill facility, including air cleaning devices, process 
equipment, and buildings that house equipment for material processing 
and handling, at least once each day, during daylight hours, for visible 
emissions to the outside air during periods of operation. The monitoring 
shall be by visual observation of at least 15 seconds duration per 
source of emissions.
    (2) Inspect each air cleaning device at least once each week for 
proper operation and for changes that signal the potential for 
malfunction, including, to 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.

[[Page 99]]

    (iii) Condition of fabric filters, including presence of any tears, 
holes, and abrasions.
    (iv) Presence of dust deposits on clean side of fabric filters.
    (v) Brief description of corrective actions taken, including date 
and time.
    (vi) Daily hours of operation for each air cleaning device.
    (4) Furnish upon request, and make available at the affected 
facility during normal business hours for inspection by the 
Administrator, all records required under this section.
    (5) Retain a copy of all monitoring and inspection records for at 
least 2 years.
    (6) Submit 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 100]]


[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 101]]

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 102]]



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 103]]

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 104]]

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 105]]

    (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 106]]

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 107]]

[GRAPHIC] [TIFF OMITTED] TC01MY92.002


[[Page 108]]


[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 109]]

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 110]]

    (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 111]]

    (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.

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[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 115]]

    (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 116]]

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 cmx36 cm 
(20x14) 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 117]]

    (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 118]]

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 119]]

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 
(20x14) 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 120]]

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 121]]

    (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 122]]

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 123]]

    (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 124]]

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 125]]

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 126]]

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 127]]

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 128]]

    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 129]]

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 130]]

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 131]]

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 132]]

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 for determinig 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.
Gi = Quantity of each arsenic-containing glass type (i) 
produced during the 12-month period, kg/yr (ton/yr).

[[Page 133]]

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 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] TC15NO91.052

Where:

D= the percent emission reduction.
Cb= the arsenic concentration of the stack gas entering the 
control device, as measured by Method 108.
Ca= the arsenic concentration of the stack gas exiting the 
control device, as measured by Method 108.

    (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]



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
    (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,

[[Page 134]]

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 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.

[[Page 135]]

    (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 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.

[[Page 136]]



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.
    (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.

[[Page 137]]

    (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.
    (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

[[Page 138]]

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.
    (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

[[Page 139]]

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 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

[[Page 140]]

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;
    (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

[[Page 141]]

    (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 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.

[[Page 142]]

    (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 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:

[[Page 143]]

    (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 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

[[Page 144]]

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 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

[[Page 145]]

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.
    (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

[[Page 146]]

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.



     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:

[[Page 147]]

    (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 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

[[Page 148]]

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 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

[[Page 149]]

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 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.

[[Page 150]]

    (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:
    (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

[[Page 151]]

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:
    (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.

[[Page 152]]

    (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.



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.

[[Page 153]]

    (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.
    (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

[[Page 154]]

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:
    (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

[[Page 155]]

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]

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

[[Page 156]]

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 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

[[Page 157]]

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.
    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

[[Page 158]]

equipment without stopping production are not process unit shutdowns.
    Repaired means that equipment is adjusted, or otherwise altered, to 
eliminate a leak.
    Sampling connection system means an assembly of equipment within a 
process unit used during periods of representative operation to take 
samples of the process fluid. Equipment used to take non-routine grab 
samples is not considered a sampling connection system.
    Semiannual means a 6-month period; the first semiannual period 
concludes on the last day of the last month during the 180 days 
following initial startup for new sources; and the first semiannual 
period concludes on the last day of the last full month during the 180 
days after the effective date of a specific subpart that references this 
subpart for existing sources.
    Sensor means a device that measures a physical quantity or the 
change in a physical quantity, such as temperature, pressure, flow rate, 
pH, or liquid level.
    Stuffing box pressure means the fluid (liquid or gas) pressure 
inside the casing or housing of a piece of equipment, on the process 
side of the inboard seal.
    Surge control vessel means feed drums, recycle drums, and 
intermediate vessels. Surge control vessels are used within a process 
unit when in-process storage, mixing, or management of flow rates of 
volumes is needed on a recurring or ongoing basis to assist in 
production of a product.
    Volatile hazardous air pollutant or VHAP means a substance regulated 
under this part for which a standard for equipment leaks of the 
substance has been proposed and promulgated. Benzene is a VHAP. Vinyl 
chloride is a VHAP.

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984, as amended at 51 
FR 34915, Sept. 30, 1986; 54 FR 38076, Sept. 14, 1989; 65 FR 62158, Oct. 
17, 2000; 65 FR 78280, Dec. 14, 2000]



Sec.  61.242-1  Standards: General.

    (a) Each owner or operator subject to the provisions of this subpart 
shall demonstrate compliance with the requirements of Sec. Sec.  61.242-
1 to 61.242-11 for each new and existing source as required in 40 CFR 
61.05, except as provided in Sec. Sec.  61.243 and 61.244.
    (b) Compliance with this subpart will be detemined by review of 
records, review of performance test results, and inspection using the 
methods and procedures specified in Sec.  61.245.
    (c)(1) An owner or operator may request a determination of 
alternative means of emission limitation to the requirements of 
Sec. Sec.  61.242-2, 61.242-3, 61.242-5, 61.242-6, 61.242-7, 61.242-8, 
61.242-9 and 61.242-11 as provided in Sec.  61.244.
    (2) If the Administrator makes a determination that a means of 
emission limitation is at least a permissible alternative to the 
requirements of Sec.  61.242-2, 61.242-3, 61.242-5, 61.242-6, 61.242-7, 
61.242-8, 61.242-9 or 61.242-11, an owner or operator shall comply with 
the requirements of that determination.
    (d) Each piece of equipment to which this subpart applies shall be 
marked in such a manner that it can be distinquished readily from other 
pieces of equipment.
    (e) Equipment that is in vacuum service is excluded from the 
requirements of Sec.  61.242-2, to Sec.  61.242-11 if it is identified 
as required in Sec.  61.246(e)(5).

[49 FR 23513, June 6, 1984; 49 FR 38946, Oct. 2, 1984]



Sec.  61.242-2  Standards: Pumps.

    (a)(1) Each pump shall be monitored monthly to detect leaks by the 
methods specified in Sec.  61.245(b), except as provided in Sec.  
61.242-1(c) and paragraphs (d), (e), (f) and (g) of this section.
    (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.

[[Page 159]]

    (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 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

[[Page 160]]

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 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

[[Page 161]]

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).
    (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

[[Page 162]]

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
    (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

[[Page 163]]

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 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.

[[Page 164]]

    (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 supbart 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 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.

[[Page 165]]

    (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.
    (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]

[[Page 166]]



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 
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.

[[Page 167]]

    (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.
    (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)

[[Page 168]]

    = 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) 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.

[[Page 169]]

    (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).
    (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

[[Page 170]]

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]



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]

[[Page 171]]



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 tailings management and 
disposal in which tailings are dewatered by mechanical methods 
immediately after generation. The dried 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 
tailings by mechanical or evaporative methods such that the water 
content of the tailings does not exceed 30 percent by weight.
    (d) Existing impoundment means any uranium mill tailings impoundment 
which is licensed to accept additional tailings and is in existence as 
of December 15, 1989.
    (e) Operation means that an impoundment is being used for the 
continued placement of new tailings or is in standby status for such 
placement. An impoundment is in operation from the day that tailings are 
first placed in the impoundment until the day that final closure begins.
    (f) Phased disposal means a method of 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.



Sec.  61.252  Standard.

    (a) Radon-222 emissions to the ambient air from an existing uranium 
mill tailings pile shall not exceed 20 pCi/(m\2\-sec) (1.9 pCi/(ft\2\-
sec)) of radon-222.
    (b) After December 15, 1989, no new tailings impoundment can be 
built unless it is designed, constructed and operated to meet one of the 
two following work practices:
    (1) Phased disposal in lined tailings impoundments that are no more 
than 40 acres in area and meet the requirements of 40 CFR 192.32(a) as 
determined by the Nuclear Regulatory Commission. The owner or operator 
shall have no more than two impoundments, including existing 
impoundments, in operation at any one time.
    (2) Continuous disposal of tailings such that tailings are dewatered 
and immediately disposed with no more than 10 acres uncovered at any 
time and operated in accordance with Sec.  192.32(a) as determined by 
the Nuclear Regulatory Commission.
    (c) All mill owners or operators shall comply with the provisions of 
40 CFR 192.32(a) in the operation of tailings piles, the exemption for 
existing piles in 40 CFR 192.32(a) notwithstanding.

[54 FR 51703, Dec. 15, 1989, as amended at 65 FR 62159, Oct. 17, 2000]



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

[[Page 172]]

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.



Sec.  61.255  Recordkeeping requirements.

    The owner or operator of the mill 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 mill for at least five years 
and upon request be made available for inspection by the Administrator, 
or his authorized representative.



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

[[Page 173]]

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 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

[[Page 174]]

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.
    (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

[[Page 175]]

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 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

[[Page 176]]

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 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.

[[Page 177]]

    (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.
    (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.

[[Page 178]]

    (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 
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

[[Page 179]]

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.
    (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).

[[Page 180]]

    (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 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

[[Page 181]]

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 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).

[[Page 182]]

    (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.
    (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

[[Page 183]]

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 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

[[Page 184]]

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.
    (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.

[[Page 185]]

    (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 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

[[Page 186]]

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.
    (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

[[Page 187]]

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]



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.


[[Page 188]]


    (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:
    (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.


[[Page 189]]


    (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 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

[[Page 190]]

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.
    (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

[[Page 191]]

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 (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

[[Page 192]]

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]



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

[[Page 193]]

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 
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

[[Page 194]]

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 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

[[Page 195]]

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 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.

[[Page 196]]

    (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.
    (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

[[Page 197]]

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:
    (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

[[Page 198]]

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 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

[[Page 199]]

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
    (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.

[[Page 200]]

    (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, 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.

[[Page 201]]

    (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 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:

[[Page 202]]

    (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]



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.

[[Page 203]]

    (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 (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

[[Page 204]]

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]



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

[[Page 205]]

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 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

[[Page 206]]

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 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;

[[Page 207]]

    (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.
    (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.

[[Page 208]]

    (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 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

[[Page 209]]

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 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

[[Page 210]]

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 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

[[Page 211]]

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 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.

[[Page 212]]

    (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.
    (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

[[Page 213]]

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 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

[[Page 214]]

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 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.

[[Page 215]]

    (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:

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:

[[Page 216]]

[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 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

[[Page 217]]

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.
    (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).

[[Page 218]]

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:

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

[[Page 219]]

(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 
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

[[Page 220]]

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:
    (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.

[[Page 221]]

    (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 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.

[[Page 222]]

    (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 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

[[Page 223]]

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:
    (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

[[Page 224]]

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.
    (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).

[[Page 225]]

    (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 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

[[Page 226]]

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 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

[[Page 227]]

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 (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,

[[Page 228]]

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 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 229]]



                       Sec. Appendix A to Part 61

[GRAPHIC] [TIFF OMITTED] TC01MY92.015


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[GRAPHIC] [TIFF OMITTED] TC01MY92.016


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[GRAPHIC] [TIFF OMITTED] TC01MY92.017


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[GRAPHIC] [TIFF OMITTED] TC01MY92.018


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[GRAPHIC] [TIFF OMITTED] TC01MY92.019


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[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 235]]

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 emmission 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 236]]

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 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.
    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

[[Page 237]]

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.
    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.

[[Page 238]]

    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).
    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

[[Page 239]]

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 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.

[[Page 240]]

    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 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

[[Page 241]]

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.
    12.3 Total Mercury.
    12.3.1 For each source sample, correct the average maximum 
absorbance of the two

[[Page 242]]

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 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.
    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.

[[Page 243]]

    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.

         17.0 Tables, Diagrams, Flowcharts, and Validation Data

[[Page 244]]

[GRAPHIC] [TIFF OMITTED] TR17OC00.493


[[Page 245]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.494


[[Page 246]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.495


[[Page 247]]


[GRAPHIC] [TIFF OMITTED] TR17OC00.496


[[Page 248]]


[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 249]]



------------------------------------------------------------------------
            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 250]]

    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 251]]

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 252]]

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 253]]

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 254]]

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 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.

[[Page 255]]

    17.0 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.

                       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). 
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 similar Reynolds Number

[[Page 256]]

so that there is similarity between the Reynolds Numbers during 
calibration and during sampling.
    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.

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

[[Page 257]]

                       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 concentrat