section_id,title_number,title_name,chapter,subchapter,part_number,part_name,subpart,subpart_name,section_number,section_heading,agency,authority,source_citation,amendment_citations,full_text 40:40:10.0.1.1.1.1.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.01 Lists of pollutants and applicability of part 61.,EPA,,,"[50 FR 46290, Nov. 7, 1985, as amended at 51 FR 7715, 7719, Mar. 5, 1986; 51 FR 11022, Apr. 1, 1986; 52 FR 37617, Oct. 8, 1987; 59 FR 12429, Mar. 16, 1994]","(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) 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) Acrylonitrile (50 FR 24319; June 10, 1985) 1,3-Butadiene (50 FR 41466; Oct. 10, 1985) Cadmium (50 FR 42000; Oct. 16, 1985) Carbon Tetrachloride (50 FR 32621; Aug. 13, 1985) Chlorinated Benzenes (50 FR 32628; Aug. 13, 1985) Chlorofluorocarbon—113 (50 FR 24313; June 10, 1985) Chloroform (50 FR 39626; Sept. 27, 1985) Chloroprene (50 FR 39632; Sept. 27, 1985) Chromium (50 FR 24317; June 10, 1985) Copper (52 FR 5496; Feb. 23, 1987) Epichlorohydrin (50 FR 24575; June 11, 1985) Ethylene Dichloride (50 FR 41994; Oct. 16, 1985) Ethylene Oxide (50 FR 40286; Oct. 2, 1985) Hexachlorocyclopentadiene (50 FR 40154; Oct. 1, 1985) Manganese (50 FR 32627; Aug. 13, 1985) Methyl Chloroform (50 FR 24314; June 10, 1985) Methylene Chloride (50 FR 42037; Oct. 17, 1985) Nickel (51 FR 34135; Sept. 25, 1986) Perchloroethylene (50 FR 52800; Dec. 26, 1985) Phenol (51 FR 22854; June 23, 1986) Polycyclic Organic Matter (49 FR 31680; Aug. 8, 1984) Toluene (49 FR 22195; May 25, 1984) Trichloroethylene (50 FR 52422; Dec. 23, 1985) Vinylidene Chloride (50 FR 32632; Aug. 13, 1985) Zinc and Zinc Oxide (52 FR 32597, Aug. 28, 1987) (c) This part applies to the owner or operator of any stationary source for which a standard is prescribed under this part. (d) In addition to complying with the provisions of this part, the owner or operator of a stationary source subject to a standard in this part may be required to obtain an operating permit issued to stationary sources by an authorized State air pollution control agency or by the Administrator of the U.S. Environmental Protection Agency (EPA) pursuant to title V of the Clean Air Act (Act) as amended November 15, 1990 (42 U.S.C. 7661). For more information about obtaining an operating permit see part 70 of this chapter." 40:40:10.0.1.1.1.1.1.10,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.10 Source reporting and waiver request.,EPA,,,"[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46292, Nov. 7, 1985; 59 FR 12430, Mar. 16, 1994]","(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 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 § 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, §§ 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, 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." 40:40:10.0.1.1.1.1.1.11,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.11 Waiver of compliance.,EPA,,,"[50 FR 46292, Nov. 7, 1985]","(a) Based on the information provided in any request under § 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." 40:40:10.0.1.1.1.1.1.12,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.12 Compliance with standards and maintenance requirements.,EPA,,,"[50 FR 46292, Nov. 7, 1985, as amended 62 FR 8328, Feb. 24, 1997]","(a) Compliance with numerical emission limits shall be determined in accordance with emission tests established in § 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." 40:40:10.0.1.1.1.1.1.13,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.13 Emission tests and waiver of emission tests.,EPA,,,"[50 FR 46292, Nov. 7, 1985, as amended at 72 FR 27442, May 16, 2007; 75 FR 55652, Sept. 13, 2010; 79 FR 11275, Feb. 27, 2014; 81 FR 59825, Aug. 30, 2016]","(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 delay in testing beyond the regulatory deadline to the force majeure; describe the measures taken or to be taken to minimize the delay; and identify a date by which the owner or operator proposes to conduct the performance test. The performance test shall be conducted as soon as practicable after the force majeure occurs. (5) The decision as to whether or not to grant an extension to the performance test deadline is solely within the discretion of the Administrator. The Administrator will notify the owner or operator in writing of approval or disapproval of the request for an extension as soon as practicable. (6) Until an extension of the performance test deadline has been approved by the Administrator under paragraphs (a)(3), (a)(4), and (a)(5) of this section, the owner or operator of the affected facility remains strictly subject to the requirements of this part. (b) The Administrator may require an owner or operator to test emissions from the source at any other time when the action is authorized by section 114 of the Act. (c) The owner or operator shall notify the Administrator of the emission test at least 30 days before the emission test to allow the Administrator the opportunity to have an observer present during the test. (d) If required to do emission testing, the owner or operator of each new source and, at the request of the Administrator, the owner or operator of each existing source shall provide emission testing facilities as follows: (1) Sampling ports adequate for test methods applicable to each source. (2) Safe sampling platform(s). (3) Safe access to sampling platform(s). (4) Utilities for sampling and testing equipment. (5) Any other facilities that the Administrator needs to safely and properly test a source. (e) Each emission test shall be conducted under such conditions as the Administrator shall specify based on design and operational characteristics of the source. (1) The performance testing shall include a test method performance audit (PA) during the performance test. The PAs consist of blind audit samples supplied by an accredited audit sample provider and analyzed during the performance test in order to provide a measure of test data bias. Gaseous audit samples are designed to audit the performance of the sampling system as well as the analytical system and must be collected by the sampling system during the compliance test just as the compliance samples are collected. If a liquid or solid audit sample is designed to audit the sampling system, it must also be collected by the sampling system during the compliance test. If multiple sampling systems or sampling trains are used during the compliance test for any of the test methods, the tester is only required to use one of the sampling systems per method to collect the audit sample. The audit sample must be analyzed by the same analyst using the same analytical reagents and analytical system and at the same time as the compliance samples. Retests are required when there is a failure to produce acceptable results for an audit sample. However, if the audit results do not affect the compliance or noncompliance status of the affected facility, the compliance authority may waive the reanalysis requirement, further audits, or retests and accept the results of the compliance test. Acceptance of the test results shall constitute a waiver of the reanalysis requirement, further audits, or retests. The compliance authority may also use the audit sample failure and the compliance test results as evidence to determine the compliance or noncompliance status of the affected facility. A blind audit sample is a sample whose value is known only to the sample provider and is not revealed to the tested facility until after they report the measured value of the audit sample. For pollutants that exist in the gas phase at ambient temperature, the audit sample shall consist of an appropriate concentration of the pollutant in air or nitrogen that can be introduced into the sampling system of the test method at or near the same entry point as a sample from the emission source. If no gas phase audit samples are available, an acceptable alternative is a sample of the pollutant in the same matrix that would be produced when the sample is recovered from the sampling system as required by the test method. For samples that exist only in a liquid or solid form at ambient temperature, the audit sample shall consist of an appropriate concentration of the pollutant in the same matrix that would be produced when the sample is recovered from the sampling system as required by the test method. An accredited audit sample provider (AASP) is an organization that has been accredited to prepare audit samples by an independent, third party accrediting body. (i) The source owner, operator, or representative of the tested facility shall obtain an audit sample, if commercially available, from an AASP for each test method used for regulatory compliance purposes. No audit samples are required for the following test methods: Methods 3A and 3C of appendix A-3 of part 60 of this chapter; Methods 6C, 7E, 9, and 10 of appendix A-4 of part 60; Method 18 and 19 of appendix A-6 of part 60; Methods 20, 22, and 25A of appendix A-7 of part 60; Methods 30A and 30B of appendix A-8 of part 60; and Methods 303, 318, 320, and 321 of appendix A of part 63 of this chapter. If multiple sources at a single facility are tested during a compliance test event, only one audit sample is required for each method used during a compliance test. The compliance authority responsible for the compliance test may waive the requirement to include an audit sample if they believe that an audit sample is not necessary. “Commercially available” means that two or more independent AASPs have blind audit samples available for purchase. If the source owner, operator, or representative cannot find an audit sample for a specific method, the owner, operator, or representative shall consult the EPA Web site at the following URL, www.epa.gov/ttn/emc, to confirm whether there is a source that can supply an audit sample for that method. If the EPA Web site does not list an available audit sample at least 60 days prior to the beginning of the compliance test, the source owner, operator, or representative shall not be required to include an audit sample as part of the quality assurance program for the compliance test. When ordering an audit sample, the source owner, operator, or representative shall give the sample provider an estimate for the concentration of each pollutant that is emitted by the source or the estimated concentration of each pollutant based on the permitted level and the name, address, and phone number of the compliance authority. The source owner, operator, or representative shall report the results for the audit sample along with a summary of the emission test results for the audited pollutant to the compliance authority and shall report the results of the audit sample to the AASP. The source owner, operator, or representative shall make both reports at the same time and in the same manner or shall report to the compliance authority first and then report to the AASP. If the method being audited is a method that allows the samples to be analyzed in the field and the tester plans to analyze the samples in the field, the tester may analyze the audit samples prior to collecting the emission samples provided a representative of the compliance authority is present at the testing site. The tester may request, and the compliance authority may grant, a waiver to the requirement that a representative of the compliance authority must be present at the testing site during the field analysis of an audit sample. The source owner, operator, or representative may report the results of the audit sample to the compliance authority and then report the results of the audit sample to the AASP prior to collecting any emission samples. The test protocol and final test report shall document whether an audit sample was ordered and utilized and the pass/fail results as applicable. (ii) An AASP shall have and shall prepare, analyze, and report the true value of audit samples in accordance with a written technical criteria document that describes how audit samples will be prepared and distributed in a manner that will ensure the integrity of the audit sample program. An acceptable technical criteria document shall contain standard operating procedures for all of the following operations: (A) Preparing the sample; (B) Confirming the true concentration of the sample; (C) Defining the acceptance limits for the results from a well qualified tester. This procedure must use well established statistical methods to analyze historical results from well qualified testers. The acceptance limits shall be set so that there is 95 percent confidence that 90 percent of well qualified labs will produce future results that are within the acceptance limit range; (D) Providing the opportunity for the compliance authority to comment on the selected concentration level for an audit sample; (E) Distributing the sample to the user in a manner that guarantees that the true value of the sample is unknown to the user; (F) Recording the measured concentration reported by the user and determining if the measured value is within acceptable limits; (G) Reporting the results from each audit sample in a timely manner to the compliance authority and to the source owner, operator, or representative by the AASP. The AASP shall make both reports at the same time and in the same manner or shall report to the compliance authority first and then report to the source owner, operator, or representative. The results shall include the name of the facility tested, the date on which the compliance test was conducted, the name of the company performing the sample collection, the name of the company that analyzed the compliance samples including the audit sample, the measured result for the audit sample, and whether the testing company passed or failed the audit. The AASP shall report the true value of the audit sample to the compliance authority. The AASP may report the true value to the source owner, operator, or representative if the AASP's operating plan ensures that no laboratory will receive the same audit sample twice. (H) Evaluating the acceptance limits of samples at least once every two years to determine in consultation with the voluntary consensus standard body if they should be changed; (I) Maintaining a database, accessible to the compliance authorities, of results from the audit that shall include the name of the facility tested, the date on which the compliance test was conducted, the name of the company performing the sample collection, the name of the company that analyzed the compliance samples including the audit sample, the measured result for the audit sample, the true value of the audit sample, the acceptance range for the measured value, and whether the testing company passed or failed the audit. (iii) The accrediting body shall have a written technical criteria document that describes how it will ensure that the AASP is operating in accordance with the AASP technical criteria document that describes how audit or samples are to be prepared and distributed. This document shall contain standard operating procedures for all of the following operations: (A) Checking audit samples to confirm their true value as reported by the AASP. (B) Performing technical systems audits of the AASP's facilities and operating procedures at least once every two years. (C) Providing standards for use by the voluntary consensus standard body to approve the accrediting body that will accredit the audit sample providers. (iv) The technical criteria documents for the accredited sample providers and the accrediting body shall be developed through a public process guided by a voluntary consensus standards body (VCSB). The VCSB shall operate in accordance with the procedures and requirements in the Office of Management and Budget Circular A-119. A copy of Circular A-119 is available upon request by writing the Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street, NW., Washington, DC 20503, by calling (202) 395-6880 or downloading online at http://standards.gov/standards_gov/a119.cfm. The VCSB shall approve all accrediting bodies. The Administrator will review all technical criteria documents. If the technical criteria documents do not meet the minimum technical requirements in paragraphs (e)(1)(ii) through (iv) of this section, the technical criteria documents are not acceptable and the proposed audit sample program is not capable of producing audit samples of sufficient quality to be used in a compliance test. All acceptable technical criteria documents shall be posted on the EPA Web site at the following URL, http://www.epa.gov/ttn/emc. (2) [Reserved] (f) Unless otherwise specified in an applicable subpart, samples shall be analyzed and emissions determined within 30 days after each emission test has been completed. The owner or operator shall report the determinations of the emission test to the Administrator by a registered letter sent before the close of business on the 31st day following the completion of the emission test. (g) The owner or operator shall retain at the source and make available, upon request, for inspection by the Administrator, for a minimum of 2 years, records of emission test results and other data needed to determine emissions. (h)(1) Emission tests shall be conducted as set forth in this section, the applicable subpart and appendix B unless the Administrator— (i) Specifies or approves the use of a reference method with minor changes in methodology; or (ii) Approves the use of an alternative method; or (iii) Waives the requirement for emission testing because the owner or operator of a source has demonstrated by other means to the Administrator's satisfaction that the source is in compliance with the standard. (2) If the Administrator finds reasonable grounds to dispute the results obtained by an alternative method, he may require the use of a reference method. If the results of the reference and alternative methods do not agree, the results obtained by the reference method prevail. (3) The owner or operator may request approval for the use of an alternative method at any time, except— (i) For an existing source or a new source that had an initial startup before the effective date, any request for use of an alternative method during the initial emission test shall be submitted to the Administrator within 30 days after the effective date, or with the request for a waiver of compliance if one is submitted under § 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 § 60.09. (i)(1) Emission tests may be waived upon written application to the Administrator if, in the Administrator's judgment, the source is meeting the standard, or the source is being operated under a waiver or compliance, or the owner or operator has requested a waiver of compliance and the Administrator is still considering that request. (2) If application for waiver of the emission test is made, the application shall accompany the information required by § 61.10 or the notification of startup required by § 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." 40:40:10.0.1.1.1.1.1.14,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.14 Monitoring requirements.,EPA,,,"[50 FR 46293, Nov. 7, 1985]","(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 (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." 40:40:10.0.1.1.1.1.1.15,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.15 Modification.,EPA,,,"[50 FR 46294, Nov. 7, 1985]","(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 § 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 § 61.10(c)." 40:40:10.0.1.1.1.1.1.16,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.16 Availability of information.,EPA,,,"[38 FR 8826, Apr. 6, 1973. Redesignated at 50 FR 46294, Nov. 7, 1985]","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." 40:40:10.0.1.1.1.1.1.17,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.17 State authority.,EPA,,,"[50 FR 46294, Nov. 7, 1985]","(a) This part shall not be construed to preclude any State or political subdivision thereof from— (1) Adopting and enforcing any emission limiting regulation applicable to a stationary source, provided that such emission limiting regulation is not less stringent than the standards prescribed under this part; or (2) Requiring the owner or operator of a stationary source to obtain permits, licenses, or approvals prior to initiating construction, modification, or operation of the source." 40:40:10.0.1.1.1.1.1.18,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.18 Incorporations by reference.,EPA,,,"[48 FR 3740, Jan. 27, 1983, as amended at 48 FR 55266, Dec. 9, 1983; 49 FR 23520, June 6, 1984; 51 FR 34914, Sept. 30, 1986; 54 FR 38073, Sept. 14, 1989; 54 FR 51704, Dec. 15, 1989; 55 FR 8341, Mar. 7, 1990; 55 FR 18331, May 2, 1990; 55 FR 22027, May 31, 1990; 55 FR 32914, Aug. 13, 1990; 65 FR 62150, Oct. 17, 2000; 65 FR 78280, Dec. 14, 2000; 67 FR 57166, Sept. 9, 2002; 69 FR 18803, Apr. 9, 2004; 78 FR 2338, Jan. 11, 2013; 83 FR 48255, Sept. 24, 2018; 89 FR 45771, May 24, 2024]","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 § 61.23(a). (2) ASTM D835-85, Standard Specification for Refined Benzene-485, IBR approved September 14, 1989 for § 61.270(a). (3) ASTM D836-84, Standard Specification for Industrial Grade Benzene, IBR approved September 14, 1989 for § 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 § 61.67(h)(1). (6) ASTM D2359-85a, 93, Standard Specification for Refined Benzene-535, IBR approved September 14, 1989 for § 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 § 61.245(e)(3). (8) ASTM D2504-67, 77, 88 (Reapproved 1993), Noncondensable Gases in C 3 and Lighter Hydrocarbon Products by Gas Chromatography, IBR approved June 6, 1984 for § 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 § 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 § 61.67(h)(1). (12) ASTM D4734-87, 96, Standard Specification for Refined Benzene-545, IBR approved September 14, 1989 for § 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 § 61.245(e)(3). (14) ASTM E50-82, 86, 90 (Reapproved 1995), Standard Practices for Apparatus Reagents, and Safety Precautions for Chemical Analysis of Metals, IBR approved for appendix B: Method 108C, Section 6.1.4. (b) The following material is available from the U.S. EPA Environmental Monitoring and Support Laboratory, Cincinnati, Ohio 45268. (1) Method 601, Test Method for Purgeable Halocarbons, July 1982, IBR approved September 30, 1986, for § 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 §§ 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 § 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 § 61.355(c)(2)(iv)(B). (iii) Method 8240, Gas Chromatography/Mass Spectrometry for Volatile Organics, IBR approved March 7, 1990, for § 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 § 61.355(c)(2)(iv)(D). (e) State and Local Requirements. The following materials listed below are available at the Air and Radiation Docket and Information Center, 1200 Pennsylvania Avenue NW., Washington, DC 20460, telephone number (202) 566-1745. (1) State of New Hampshire, New Hampshire Department of Environmental Services. 29 Hazen Drive, Concord, NH 03302-0095, (603) 271-3503, https://www.des.nh.gov/. (i) New Hampshire Code of Administrative Rules: Chapter Env-Sw 2100, Management and Control of Asbestos Disposal Sites Not Operated after July 9, 1981, effective September 1, 2018, (including a letter from Robert R. Scott, Commissioner, Department of Environmental Services, State of New Hampshire, to David J. Alukonis, Director, Office of Legislative Services, dated October 23, 2018, certifying that the enclosed rule, Env-Sw 2100, is the official version of this rule), IBR approved for § 61.04(c). (ii) New Hampshire Code of Administrative Rules: Chapter Env-A 1800, Asbestos Management and Control, effective as of May 5, 2017 (certified with June 23, 2017 letter from Clark B. Freise, Assistant Commissioner, Department of Environmental Services, State of New Hampshire), as follows: Revision Notes #1 and #2; Part Env-A 1801-1807, excluding Env-A 1801.02(e), Env-A 1801.07, Env-A 1802.02, Env-A 1802.04, Env-A 1802.07-1802.09, Env-A 1802.13, Env-A 1802.15-1802.17, Env-A 1802.25, Env-A 1802.31, Env-A 1802.37, Env-A 1802.40, Env-A 1802.44, and Env-A 1803.05-1803.09; and Appendices B, C, and D; IBR approved for § 61.04(c)." 40:40:10.0.1.1.1.1.1.19,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.19 Circumvention.,EPA,,,"[40 FR 48299, Oct. 14, 1975. Redesignated at 50 FR 46294, Nov. 7, 1985]","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." 40:40:10.0.1.1.1.1.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.02 Definitions.,EPA,,,"[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]","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 § 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 § 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 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." 40:40:10.0.1.1.1.1.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.03 Units and abbreviations.,EPA,,,"[42 FR 51574, Sept. 29, 1977, as amended at 54 FR 51704, Dec. 15, 1989]","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 −3 gram mm = millimeter = 10 −3 meter Mg = megagram = 10 6 gram mol = mole N = newton ng = nanogram = 10 −9 gram nm = nanometer = 10 −9 meter Pa = pascal s = second V = volt W = watt Ω = ohm µg = microgram = 10 −6 gram 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 −3 gram mm = millimeter = 10 −3 meter Mg = megagram = 10 6 gram mol = mole N = newton ng = nanogram = 10 −9 gram nm = nanometer = 10 −9 meter Pa = pascal s = second V = volt W = watt Ω = ohm µg = microgram = 10 −6 gram (b) Other units of measure: °C = degree Celsius (centigrade) cfm = cubic feet per minute cc = cubic centimeter Ci = curie d = day °F = degree Fahrenheit ft 2 = square feet ft 3 = cubic feet gal = gallon in = inch in Hg = inches of mercury in H 2 O = inches of water l = liter lb = pound lpm = liter per minute min = minute ml = milliliter = 10 −3 liter mrem = millirem = 10 −3 rem oz = ounces pCi = picocurie = 10 −12 curie psig = pounds per square inch gage °R = degree Rankine µl = microliter = 10 −6 liter v/v = volume per volume yd 2 = square yards yr = year °C = degree Celsius (centigrade) cfm = cubic feet per minute cc = cubic centimeter Ci = curie d = day °F = degree Fahrenheit ft 2 = square feet ft 3 = cubic feet gal = gallon in = inch in Hg = inches of mercury in H 2 O = inches of water l = liter lb = pound lpm = liter per minute min = minute ml = milliliter = 10 −3 liter mrem = millirem = 10 −3 rem oz = ounces pCi = picocurie = 10 −12 curie psig = pounds per square inch gage °R = degree Rankine µl = microliter = 10 −6 liter v/v = volume per volume yd 2 = square yards yr = year (c) Chemical nomenclature: Be = beryllium Hg = mercury H 2 O = water Be = beryllium Hg = mercury H 2 O = water (d) Miscellaneous: act = actual avg = average I.D. = inside diameter M = molar N = normal O.D. = outside diameter % = percent std = standard act = actual avg = average I.D. = inside diameter M = molar N = normal O.D. = outside diameter % = percent std = standard" 40:40:10.0.1.1.1.1.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.04 Address.,EPA,,,"[40 FR 18170, Apr. 25, 1975]","(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 table. Table 1 to Paragraph ( a ) (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: (1) [Reserved] (2) State of Alabama: Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, Alabama 36130-1463. (3) State of Alaska. (i) Alaska Department of Environmental Conservation (ADEC), 410 Willoughby Avenue, Suite 303, Juneau, AK 99801-1795, http://www.state.ak.us/local/akpages/ENV.CONSERV/home.htm. (ii) See paragraph (c)(10) of this section for a table indicating the delegation status of National Emission Standards for Hazardous Air Pollutants for Region 10—Alaska, Idaho, Oregon, and Washington. (4) Arizona: Arizona Department of Environmental Quality, Suite #160, 1110 West Washington Street, Phoenix, AZ 85007. Maricopa County Air Quality Department, 301 West Jefferson Street, Phoenix, AZ 85003. Pima County Department of Environmental Quality, 33 North Stone Avenue, Suite 700, Tucson, AZ 85701. Pinal County Air Quality Department, 31 North Pinal Street, Building F, Florence, AZ 85132. Note 1 to paragraph ( b )(4): For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (5) State of Arkansas: Chief, Division of Air Pollution Control, Arkansas Department of Pollution Control and Ecology, 8001 National Drive, P.O. Box 9583, Little Rock, AR 72209. (6) California: Amador Air District, 810 Court Street, Jackson, CA 95642. Antelope Valley Air Quality Management District, 2551 W Avenue H, Lancaster, CA 93536. Bay Area Air Quality Management District, 375 Beale Street, Suite 600, San Francisco, CA 94105. Butte County Air Quality Management District, 629 Entler Avenue, Suite 15, Chico, CA 95928. Calaveras County Air Pollution Control District, 891 Mountain Ranch Road, Building E, San Andreas, CA 95249. Colusa County Air Pollution Control District, 100 Sunrise Blvd., Suite A, Colusa, CA 95932-3246. El Dorado County Air Quality Management District, 330 Fair Lane, Placerville, CA 95667-4100. Eastern Kern Air Pollution Control District, 2700 “M” Street, Suite 302, Bakersfield, CA 93301-2370. Feather River Air Quality Management District, 541 Washington Avenue, Yuba City, CA 95991. Glenn County Air Pollution Control District, 720 N Colusa Street, P.O. Box 351, Willows, CA 95988-0351. Great Basin Unified Air Pollution Control District, 157 Short Street, Bishop, CA 93514-3537. Imperial County Air Pollution Control District, 150 South Ninth Street, El Centro, CA 92243- 2839. Lake County Air Quality Management District, 2617 S Main St., Lakeport, CA 95453-5405. Lassen County Air Pollution Control District, 720 South St., Susanville, CA 96130. Mariposa County Air Pollution Control District, P.O. Box 5, Mariposa, CA 95338. Mendocino County Air Quality Management District, 306 E Gobbi Street, Ukiah, CA 95482-5511. Modoc County Air Pollution Control District, 202 W 4th Street, Alturas, CA 96101. Mojave Desert Air Quality Management District, 14306 Park Avenue, Victorville, CA 92392-2310. Monterey Bay Air Resources District, 24580 Silver Cloud Court, Monterey, CA 93940. North Coast Unified Air Quality Management District, 707 L Street, Eureka, CA 95501-3327. Northern Sierra Air Quality Management District, 200 Litton Drive, Suite 320, 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, 110 Maple Street, Auburn, CA 95603. Sacramento Metropolitan Air Quality Management District, 777 12th Street, Suite 300, Sacramento, CA 95814-1908. San Diego County Air Pollution Control District, 10124 Old Grove Road, San Diego, CA 92131-1649. San Joaquin Valley Air Pollution Control District, 1990 E Gettysburg, Fresno, CA 93726. San Luis Obispo County Air Pollution Control District, 3433 Roberto Court, San Luis Obispo, CA 93401-7126. Santa Barbara County Air Pollution Control District, 260 North San Antonio Road, Suite A, Santa Barbara, CA 93110-1315. Shasta County Air Quality Management District, 1855 Placer Street, Suite 101, Redding, CA 96001-1759. Siskiyou County Air Pollution Control District, 525 So. Foothill Drive, Yreka, CA 96097-3036. South Coast Air Quality Management District, 21865 Copley Drive, Diamond Bar, CA 91765-4182. Tehama County Air Pollution Control District, P.O. Box 1169 (1834 Walnut Street), Red Bluff, CA 96080-0038. Tuolumne County Air Pollution Control District, 2 South Green St., Sonora, CA 95370-4618. Ventura County Air Pollution Control District, 4567 Telephone Road, 2nd Floor, Ventura, CA 93003-5417. Yolo-Solano Air Quality Management District, 1947 Galileo Court, Suite 103, Davis, CA 95618. Note 2 to paragraph ( b )(6): For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (7) State of Colorado, Air Pollution Control Division, Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80246-1530. Note: For a table listing Region VIII's NESHAP delegation status, see paragraph (c) of this section. (8) State of Connecticut: Compliance Analysis and Coordination Unit, Bureau of Air Management, Department of Energy and Environmental Protection, 79 Elm Street, 5th Floor, Hartford, CT 06106-5127. (9) State of Delaware, Department of Natural Resources & Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903. (10) District of Columbia, Department of Public Health, Air Quality Division, 51 N Street, NE., Washington, DC 20002. (11) State of Florida: Florida Department of Environmental Protection, Division of Air Resources Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400. (12) State of Georgia: Georgia Department of Natural Resources, Environmental Protection Division, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354. (13) Hawaii: Clean Air Branch, Hawaii Department of Health, 2827 Waimano Home Road, #130 Pearl City, HI 96782. Note 4 to paragraph ( b )(13): For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (14) State of Idaho. (i) Idaho Department of Environmental Conservation (IDEQ), 1410 N. Hilton, Boise, ID 83706, http://www2.state.id.us/deq/. (ii) See paragraph (c)(10) of this section for a table indicating the delegation status of National Emission Standards for Hazardous Air Pollutants for Region 10—Alaska, Idaho, Oregon, and Washington. (15) State of Illinois: Illinois Environmental Protection Agency, 1021 North Grand Avenue East, Springfield, Illinois 62794. (16) State of Indiana: Indiana Department of Environmental Management, Office of Air Quality, 100 North Senate Avenue, Indianapolis, Indiana 46204. (17) State of Iowa: Iowa Department of Natural Resources, Environmental Protection Division, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, IA 50322. (18) State of Kansas: Kansas Department of Health and Environment, Bureau of Air and Radiation, 1000 S.W. Jackson, Suite 310, Topeka, KS 66612-1366. (19) Commonwealth of Kentucky: Kentucky Department for Environmental Protection, Division of Air Quality, 300 Sower Boulevard, 2nd Floor, Frankfort, Kentucky 40601 or local agency, Louisville Metro Air Pollution Control District, 701 W. Ormsby Ave. Suite 303, Louisville, Kentucky 40203. (20) State of Louisiana: Louisiana Department of Environmental Quality, P.O. Box 4301, Baton Rouge, Louisiana 70821-4301. (21) State of Maine: Maine Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. (22) State of Maryland, Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. (23) Commonwealth of Massachusetts, Massachusetts Department of Environmental Protection, Division of Air and Climate Programs, One Winter Street, Boston, MA 02108. (24) State of Michigan: Michigan Department of Natural Resources and Environment Quality, Air Quality Division, P.O. 30028, Lansing, Michigan 48909. (25) State of Minnesota: Minnesota Pollution Control Agency, Division of Air Quality, 520 Lafayette Road North, St. Paul, Minnesota 55155. (26) State of Mississippi: Hand Deliver or Courier: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing Address: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 39225. (27) State of Missouri: Missouri Department of Natural Resources, Division of Environmental Quality, P.O. Box 176, Jefferson City, MO 65102. (28) State of Montana, Department of Environmental Quality, 1520 E. 6th Ave., PO Box 200901, Helena, MT 59620-0901. Note: For a table listing Region VIII's NESHAP delegation status, see paragraph (c) of this section. (29) State of Nebraska, Nebraska Department of Environmental Control, P.O. Box 94877, State House Station, Lincoln, NE 68509. Lincoln-Lancaster County Health Department, Division of Environmental Health, 2200 St. Marys Avenue, Lincoln, NE 68502. (30) Nevada: Nevada Division of Environmental Protection, 901 South Stewart Street, Suite 4001, Carson City, NV 89701-5249. Clark County Division of Air Quality, 500 S Grand Central Parkway, 1st Floor, P.O. Box 555210, Las Vegas, NV 89155-5210. Northern Nevada Public Health, Air Quality Management Division, 1001 E 9th Street, Building B, Reno, NV 89512. Note 6 to paragraph ( b )(30): For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (31) State of New Hampshire, New Hampshire Department of Environmental Services, Air Resources Division, 29 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095. (32) State of New Jersey: New Jersey Department of Environmental Protection, John Fitch Plaza, P.O. Box 2807, Trenton, NJ 08625. (33) State of New Mexico: New Mexico Environment Department, P.O. Box 5469, Santa Fe, New Mexico 87502-5469. For a list of delegated standards for New Mexico (excluding Bernalillo County and Indian country), see paragraph (c)(6) of this section. (34) New York: New York State Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12233, attention: Division of Air Resources. (35) State of North Carolina: North Carolina Department of Environmental Quality, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 or local agencies, Forsyth County Office of Environmental Assistance and Protection, 201 North Chestnut Street, Winston-Salem, North Carolina 27101-4120; Mecklenburg County Land Use and Environmental Services Agency, Air Quality, 2145 Suttle Avenue, Charlotte, North Carolina 28208; Western North Carolina Regional Air Quality Agency, 125 S. Lexington Ave., Suite 101, Asheville, North Carolina 28801-3661. (36) State of North Dakota, North Dakota Department of Environmental Quality, 918 East Divide Avenue, Bismarck, ND 58501-1947. Note: For a table listing Region VIII's NESHAP delegation status, see paragraph (c) of this section. (37) State of Ohio: (i) Medina, Summit and Portage Counties; Director, Akron Regional Air Quality Management District, 146 South High Street, Room 904, Akron, OH 44308. (ii) Stark County; Director, Canton City Health Department, Air Pollution Control Division, 420 Market Avenue North, Canton, Ohio 44702-1544. (iii) Butler, Clermont, Hamilton, and Warren Counties; Director, Hamilton County Department of Environmental Services, 250 William Howard Taft Road, Cincinnati, Ohio 45219-2660. (iv) Cuyahoga County; Commissioner, Cleveland Department of Public Health, Division of Air Quality, 75 Erieview Plaza 2nd Floor, Cleveland, Ohio 44114. (v) Clark, Darke, Greene, Miami, Montgomery, and Preble Counties; Director, Regional Air Pollution Control Agency, 117 South Main Street, Dayton, Ohio 45422-1280. (vi) Lucas County and the City of Rossford (in Wood County); Director, City of Toledo, Division of Environmental Services, 348 South Erie Street, Toledo, OH 43604. (vii) Adams, Brown, Lawrence, and Scioto Counties; Portsmouth Local Air Agency, 605 Washington Street, Third Floor, Portsmouth, OH 45662. (viii) Allen, Ashland, Auglaize, Crawford, Defiance, Erie, Fulton, Hancock, Hardin, Henry, Huron, Marion, Mercer, Ottawa, Paulding, Putnam, Richland, Sandusky, Seneca, Van Wert Williams, Wood (Except City of Rossford), and Wyandot Counties; Ohio Environmental Protection Agency, Northwest District Office, Air Pollution Control, 347 North Dunbridge Road, Bowling Green, Ohio 43402. (ix) Ashtabula, Caroll, Colombiana, Holmes, Lorain, and Wayne Counties; Ohio Environmental Protection Agency, Northeast District Office, Air Pollution Unit, 2110 East Aurora Road, Twinsburg, OH 44087. (x) Athens, Belmont, Coshocton, Gallia, Guemsey, Harrison, Hocking, Jackson, Jefferson, Meigs, Monroe, Morgan, Muskingum, Noble, Perry, Pike, Ross, Tuscarawas, Vinton, and Washington Counties; Ohio Environmental Protection Agency, Southeast District Office, Air Pollution Unit, 2195 Front Street, Logan, OH 43138. (xi) Champaign, Clinton, Highland, Logan, and Shelby Counties; Ohio Environmental Protection Agency, Southwest District Office, Air Pollution Unit, 401 East Fifth Street, Dayton, Ohio 45402-2911. (xii) Delaware, Fairfield, Fayette, Franklin, Knox, Licking, Madison, Morrow, Pickaway, and Union Counties; Ohio Environmental Protection Agency, Central District Office, Air Pollution control, 50 West Town Street, Suite 700, Columbus, Ohio 43215. (xiii) Geauga and Lake Counties; Lake County General Health District, Air Pollution Control, 33 Mill Street, Painesville, OH 44077. (xiv) Mahoning and Trumbull Counties; Mahoning-Trumbull Air Pollution Control Agency, 345 Oak Hill Avenue, Suite 200, Youngstown, OH 44502. (38) State of Oklahoma, Oklahoma Department of Environmental Quality, Air Quality Division, P.O. Box 1677, Oklahoma City, OK 73101-1677. For a list of delegated standards for Oklahoma see paragraph (c)(6) of this section. (39) State of Oregon. (i) Oregon Department of Environmental Quality (ODEQ), 811 SW Sixth Ave, Portland, OR 97204-1390, http://www.deq.state.or.us/. (ii) Lane Regional Air Pollution Authority (LRAPA), 1010 Main Street, Springfield, Oregon 97477, http://www.lrapa.org. (iii) See paragraph (c)(10) of this section for a table indicating the delegation status of National Emission Standards for Hazardous Air Pollutants for Region 10—Alaska, Idaho, Oregon, and Washington. (iv)-(vii) [Reserved] (viii) Lane Regional Air Pollution Authority, 225 North Fifth, suite 501, Springfield, OR 97477. (40)(i) City of Philadelphia, Department of Public Health, Air Management Services, 321 University Avenue, Philadelphia, Pennsylvania 19104. (ii) Commonwealth of Pennsylvania, Department of Environmental Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market Street, Harrisburg, Pennsylvania 17105. (iii) Allegheny County Health Department, Bureau of Environmental Quality, Division of Air Quality, 301 39th Street, Pittsburgh, Pennsylvania 15201. (41) State of Rhode Island, Rhode Island Department of Environmental Management, Office of Air Resources, 235 Promenade Street, Providence, RI 02908. (42) State of South Carolina: South Carolina Department of Health and Environmental Control, 2600 Bull St., Columbia, South Carolina 29201. (43) State of South Dakota, Department of Agriculture and Natural Resources, Air Quality Program, Joe Foss Building, 523 East Capitol, Pierre, SD 57501-3181. Note: For a table listing Region VIII's NESHAPs delegation status, see paragraph (c) of this section. (44) State of Tennessee: Tennessee Department of Environment and Conservation, Division of Air Pollution Control, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243, or local agencies, Knox County Air Quality Management—Department of Public Health, 140 Dameron Avenue, Knoxville, Tennessee 37917; Metro Public Health Department, Pollution Control Division, 2500 Charlotte Ave., Nashville, Tennessee 37209; Chattanooga-Hamilton County Air Pollution Control Bureau, 6125 Preservation Drive, Chattanooga, Tennessee 37416; Shelby County Health Department, Pollution Control Section, 814 Jefferson Avenue, Memphis, Tennessee 38105. (45) State of Texas, Texas Air Control Board, 6330 Highway 290 East, Austin, TX 78723. (46) State of Utah, Division of Air Quality, Department of Environmental Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820. Note: For a table listing Region VIII's NESHAP delegation status, see paragraph (c) of this section. (47) State of Vermont, Agency of Natural Resources, Department of Environmental Conservation, Air Quality and Climate Division, Davis 2, One National Life Drive, Montpelier, VT 05620-3802. (48) Commonwealth of Virginia, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. (49) State of Washington. (i) Washington State Department of Ecology (Ecology), P.O. Box 47600, Olympia, WA 98504-7600, http://www.ecy.wa.gov/. (ii) Benton Clean Air Authority (BCAA), 650 George Washington Way, Richland, WA 99352-4289, http://www.bcaa.net/. (iii) Northwest Air Pollution Control Authority (NWAPA), 1600 South Second St., Mount Vernon, WA 98273-5202, http://www.nwair.org/. (iv) Olympic Air Pollution Control Authority (OAPCA), 909 Sleater-Kinney Road S.E., Suite 1, Lacey, WA 98503-1128, http://www.oapca.org/. (v) Puget Sound Clean Air Agency (PSCAA), 110 Union Street, Suite 500, Seattle, WA 98101-2038, http://www.pscleanair.org/. (vi) Spokane County Air Pollution Control Authority (SCAPCA), West 1101 College, Suite 403, Spokane, WA 9920, http://www.scapca.org/. (vii) Southwest Clean Air Agency (SWCAA), 1308 NE 134th St., Vancouver, WA 98685-2747, http://www.swcleanair.org/. (viii) Yakima Regional Clean Air Agency (YRCAA), Larson Building, Suite 1016, 6 South 2nd St., Yakima WA 98901, http://co.yakima.wa.us/cleanair/default.htm. (ix) See paragraph (c)(10) of this section for a table indicating the delegation status of National Emission Standards for Hazardous Air Pollutants for Region 10—Alaska, Idaho, Oregon, and Washington. (50) State of West Virginia, Department of Environmental Protection, Division of Air Quality, 601 57th Street, SE., Charleston, West Virginia 25304. (51) State of Wisconsin: Wisconsin Department of Natural Resources, 101 South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921. 101 South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921. (52) State of Wyoming, Air Quality Division, Department of Environmental Quality, 122 W. 25th St., Cheyenne, WY 82002. (53) Territory of Guam: Guam Environmental Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 96921. Note: For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (54) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico Environmental Quality Board, P.O. Box 11785, Santurce, PR 00910. (55) U.S. Virgin Islands: U.S. Virgin Islands Department of Conservation and Cultural Affairs, P.O. Box 578, Charlotte Amalie, St. Thomas, U.S. Virgin Islands 00801. (56) American Samoa: American Samoa Environmental Protection Agency, P.O. Box PPA, Pago Pago, American Samoa 96799. Note: For tables listing the delegation status of agencies in Region IX, see paragraph (d) of this section. (57) Commonwealth of the Northern Mariana Islands: CNMI Division of Environmental Quality, P.O. Box 501304, Saipan, MP 96950. Note: For tables listing the delegation status of agencies in Region IX, see paragraph (d) of this section. (1) [Reserved] (2) State of Alabama: Alabama Department of Environmental Management, P.O. Box 301463, Montgomery, Alabama 36130-1463. (3) State of Alaska. (i) Alaska Department of Environmental Conservation (ADEC), 410 Willoughby Avenue, Suite 303, Juneau, AK 99801-1795, http://www.state.ak.us/local/akpages/ENV.CONSERV/home.htm. (4) Arizona: Arizona Department of Environmental Quality, Suite #160, 1110 West Washington Street, Phoenix, AZ 85007. Maricopa County Air Quality Department, 301 West Jefferson Street, Phoenix, AZ 85003. Pima County Department of Environmental Quality, 33 North Stone Avenue, Suite 700, Tucson, AZ 85701. Pinal County Air Quality Department, 31 North Pinal Street, Building F, Florence, AZ 85132. For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (5) State of Arkansas: Chief, Division of Air Pollution Control, Arkansas Department of Pollution Control and Ecology, 8001 National Drive, P.O. Box 9583, Little Rock, AR 72209. (6) California: Placer County Air Pollution Control District, 110 Maple Street, Auburn, CA 95603. For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (7) State of Colorado, Air Pollution Control Division, Department of Public Health and Environment, 4300 Cherry Creek Drive South, Denver, CO 80246-1530. For a table listing Region VIII's NESHAP delegation status, see paragraph (c) of this section. (8) State of Connecticut: Compliance Analysis and Coordination Unit, Bureau of Air Management, Department of Energy and Environmental Protection, 79 Elm Street, 5th Floor, Hartford, CT 06106-5127. (9) State of Delaware, Department of Natural Resources & Environmental Control, 89 Kings Highway, P.O. Box 1401, Dover, Delaware 19903. (10) District of Columbia, Department of Public Health, Air Quality Division, 51 N Street, NE., Washington, DC 20002. (11) State of Florida: Florida Department of Environmental Protection, Division of Air Resources Management, 2600 Blair Stone Road, MS 5500, Tallahassee, Florida 32399-2400. (12) State of Georgia: Georgia Department of Natural Resources, Environmental Protection Division, Air Protection Branch, 4244 International Parkway, Suite 120, Atlanta, Georgia 30354. (13) Hawaii: For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (14) State of Idaho. (i) Idaho Department of Environmental Conservation (IDEQ), 1410 N. Hilton, Boise, ID 83706, http://www2.state.id.us/deq/. (15) State of Illinois: Illinois Environmental Protection Agency, 1021 North Grand Avenue East, Springfield, Illinois 62794. (16) State of Indiana: Indiana Department of Environmental Management, Office of Air Quality, 100 North Senate Avenue, Indianapolis, Indiana 46204. (17) State of Iowa: Iowa Department of Natural Resources, Environmental Protection Division, Air Quality Bureau, 7900 Hickman Road, Suite 1, Urbandale, IA 50322. (18) State of Kansas: Kansas Department of Health and Environment, Bureau of Air and Radiation, 1000 S.W. Jackson, Suite 310, Topeka, KS 66612-1366. (19) Commonwealth of Kentucky: Kentucky Department for Environmental Protection, Division of Air Quality, 300 Sower Boulevard, 2nd Floor, Frankfort, Kentucky 40601 or local agency, Louisville Metro Air Pollution Control District, 701 W. Ormsby Ave. Suite 303, Louisville, Kentucky 40203. (20) State of Louisiana: Louisiana Department of Environmental Quality, P.O. Box 4301, Baton Rouge, Louisiana 70821-4301. (21) State of Maine: Maine Department of Environmental Protection, Bureau of Air Quality, 17 State House Station, Augusta, ME 04333-0017. (22) State of Maryland, Department of the Environment, 1800 Washington Boulevard, Suite 705, Baltimore, Maryland 21230. (23) Commonwealth of Massachusetts, Massachusetts Department of Environmental Protection, Division of Air and Climate Programs, One Winter Street, Boston, MA 02108. (24) State of Michigan: Michigan Department of Natural Resources and Environment Quality, Air Quality Division, P.O. 30028, Lansing, Michigan 48909. (25) State of Minnesota: Minnesota Pollution Control Agency, Division of Air Quality, 520 Lafayette Road North, St. Paul, Minnesota 55155. (26) State of Mississippi: Hand Deliver or Courier: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, 515 East Amite Street, Jackson, Mississippi 39201, Mailing Address: Mississippi Department of Environmental Quality, Office of Pollution Control, Air Division, P.O. Box 2261, Jackson, Mississippi 39225. (27) State of Missouri: Missouri Department of Natural Resources, Division of Environmental Quality, P.O. Box 176, Jefferson City, MO 65102. (28) State of Montana, Department of Environmental Quality, 1520 E. 6th Ave., PO Box 200901, Helena, MT 59620-0901. For a table listing Region VIII's NESHAP delegation status, see paragraph (c) of this section. (29) State of Nebraska, Nebraska Department of Environmental Control, P.O. Box 94877, State House Station, Lincoln, NE 68509. (30) Nevada: For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (31) State of New Hampshire, New Hampshire Department of Environmental Services, Air Resources Division, 29 Hazen Drive, P.O. Box 95, Concord, NH 03302-0095. (32) State of New Jersey: New Jersey Department of Environmental Protection, John Fitch Plaza, P.O. Box 2807, Trenton, NJ 08625. (33) State of New Mexico: New Mexico Environment Department, P.O. Box 5469, Santa Fe, New Mexico 87502-5469. For a list of delegated standards for New Mexico (excluding Bernalillo County and Indian country), see paragraph (c)(6) of this section. (34) New York: New York State Department of Environmental Conservation, 50 Wolf Road, Albany, NY 12233, attention: Division of Air Resources. (35) State of North Carolina: North Carolina Department of Environmental Quality, Division of Air Quality, 1641 Mail Service Center, Raleigh, North Carolina 27699-1641 or local agencies, Forsyth County Office of Environmental Assistance and Protection, 201 North Chestnut Street, Winston-Salem, North Carolina 27101-4120; Mecklenburg County Land Use and Environmental Services Agency, Air Quality, 2145 Suttle Avenue, Charlotte, North Carolina 28208; Western North Carolina Regional Air Quality Agency, 125 S. Lexington Ave., Suite 101, Asheville, North Carolina 28801-3661. (36) State of North Dakota, North Dakota Department of Environmental Quality, 918 East Divide Avenue, Bismarck, ND 58501-1947. For a table listing Region VIII's NESHAP delegation status, see paragraph (c) of this section. (37) State of Ohio: (38) State of Oklahoma, Oklahoma Department of Environmental Quality, Air Quality Division, P.O. Box 1677, Oklahoma City, OK 73101-1677. For a list of delegated standards for Oklahoma see paragraph (c)(6) of this section. (39) State of Oregon. (i) Oregon Department of Environmental Quality (ODEQ), 811 SW Sixth Ave, Portland, OR 97204-1390, http://www.deq.state.or.us/. (40)(i) City of Philadelphia, Department of Public Health, Air Management Services, 321 University Avenue, Philadelphia, Pennsylvania 19104. (41) State of Rhode Island, Rhode Island Department of Environmental Management, Office of Air Resources, 235 Promenade Street, Providence, RI 02908. (42) State of South Carolina: South Carolina Department of Health and Environmental Control, 2600 Bull St., Columbia, South Carolina 29201. (43) State of South Dakota, Department of Agriculture and Natural Resources, Air Quality Program, Joe Foss Building, 523 East Capitol, Pierre, SD 57501-3181. For a table listing Region VIII's NESHAPs delegation status, see paragraph (c) of this section. (44) State of Tennessee: Tennessee Department of Environment and Conservation, Division of Air Pollution Control, William R. Snodgrass Tennessee Tower, 312 Rosa L. Parks Avenue, 15th Floor, Nashville, Tennessee 37243, or local agencies, Knox County Air Quality Management—Department of Public Health, 140 Dameron Avenue, Knoxville, Tennessee 37917; Metro Public Health Department, Pollution Control Division, 2500 Charlotte Ave., Nashville, Tennessee 37209; Chattanooga-Hamilton County Air Pollution Control Bureau, 6125 Preservation Drive, Chattanooga, Tennessee 37416; Shelby County Health Department, Pollution Control Section, 814 Jefferson Avenue, Memphis, Tennessee 38105. (45) State of Texas, Texas Air Control Board, 6330 Highway 290 East, Austin, TX 78723. (46) State of Utah, Division of Air Quality, Department of Environmental Quality, P.O. Box 144820, Salt Lake City, UT 84114-4820. For a table listing Region VIII's NESHAP delegation status, see paragraph (c) of this section. (47) State of Vermont, Agency of Natural Resources, Department of Environmental Conservation, Air Quality and Climate Division, Davis 2, One National Life Drive, Montpelier, VT 05620-3802. (48) Commonwealth of Virginia, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia 23219. (49) State of Washington. (i) Washington State Department of Ecology (Ecology), P.O. Box 47600, Olympia, WA 98504-7600, http://www.ecy.wa.gov/. (50) State of West Virginia, Department of Environmental Protection, Division of Air Quality, 601 57th Street, SE., Charleston, West Virginia 25304. (51) State of Wisconsin: Wisconsin Department of Natural Resources, 101 South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921. 101 South Webster St., P.O. Box 7921, Madison, Wisconsin 53707-7921. (52) State of Wyoming, Air Quality Division, Department of Environmental Quality, 122 W. 25th St., Cheyenne, WY 82002. (53) Territory of Guam: Guam Environmental Protection Agency, P.O. Box 22439 GMF, Barrigada, Guam 96921. For tables listing the delegation status of agencies in Region IX, see paragraph (c)(9) of this section. (54) Commonwealth of Puerto Rico: Commonwealth of Puerto Rico Environmental Quality Board, P.O. Box 11785, Santurce, PR 00910. (55) U.S. Virgin Islands: U.S. Virgin Islands Department of Conservation and Cultural Affairs, P.O. Box 578, Charlotte Amalie, St. Thomas, U.S. Virgin Islands 00801. (56) American Samoa: American Samoa Environmental Protection Agency, P.O. Box PPA, Pago Pago, American Samoa 96799. For tables listing the delegation status of agencies in Region IX, see paragraph (d) of this section. (57) Commonwealth of the Northern Mariana Islands: CNMI Division of Environmental Quality, P.O. Box 501304, Saipan, MP 96950. For tables listing the delegation status of agencies in Region IX, see paragraph (d) of this section. (c) The following tables list, by Region, the specific Part 61, National Emission Standards for Hazardous Air Pollutants that have been delegated to state and local agencies. (1)(i) Inactive waste disposal sites not operated after July 9, 1981 within the state of New Hampshire must comply with the New Hampshire Regulations at Env-Sw 2100 (incorporated by reference, see § 61.18). (ii) The remainder of the sources subject to the asbestos provisions in subpart M of this part, except for those listed under paragraph (c)(1)(i) of this section, must comply with the New Hampshire Code of Administrative Rules: Chapter Env-A 1800, Asbestos Management and Control, effective as of May 5, 2017 as incorporated by reference, see § 61.18. (2)-(5) [Reserved] (6) The following lists the specific Part 61 standards that have been delegated unchanged to the air pollution control agencies in Region 6. (i) [Reserved] (ii) Louisiana. The Louisiana Department of Environmental Quality (LDEQ) has been delegated the following part 61 standards promulgated by EPA, as amended in the Federal Register through July 1, 2021. The (X) symbol is used to indicate each subpart that has been delegated. Delegation Status for Part 61 Standards—State of Louisiana [Excluding Indian Country] (iii) New Mexico. The New Mexico Environment Department (NMED) has been delegated the following part 61 standards promulgated by the EPA, as amended in the Federal Register through January 15, 2017. The (X) symbol is used to indicate each subpart that has been delegated. The delegations are subject to all of the conditions and limitations set forth in Federal law and regulations. Delegation Status for National Emission Standards for Hazardous Air Pollutants (Part 61 Standards) for New Mexico [Excluding Bernalillo County and Indian Country] 1 Program delegated to New Mexico Environment Department (NMED). (iv) Oklahoma. The Oklahoma Department of Environmental Quality (ODEQ) has been delegated the following part 61 standards promulgated by EPA, as amended in the Federal Register through June 30, 2022. The (X) symbol is used to indicate each subpart that has been delegated. Table 4 to Paragraph (c)(6)(iv) —Delegation Status for National Emission Standards for Hazardous Air Pollutants (Part 61 Standards) for Oklahoma Department of Environmental Quality [Applies to sources located in certain areas of Indian country] 1 Program delegated to Oklahoma Department of Environmental Quality (ODEQ). (v) [Reserved] (iv) Oklahoma. The Oklahoma Department of Environmental Quality (ODEQ) has been delegated the following part 61 standards promulgated by EPA, as amended in the Federal Register through June 30, 2023. The (X) symbol is used to indicate each subpart that has been delegated. Table 4 to Paragraph (c)(6)(iv) —Delegation Status for Part 61 Standards—State of Oklahoma [Applies to sources located in certain areas of Indian country] (7) [Reserved] (8) The most current delegation status table for National Emissions Standards for Hazardous Air Pollutants for Region VIII can be found online at http://www.epa.gov/region8/air-program. The following is a table indicating the delegation status of National Emissions Standards for Hazardous Air Pollutants in Region VIII. The recodification and delegation for North Dakota's August 6, 2018 submittal is effective as of April 30, 2019, as detailed in EPA's delegation letter of February 26, 2019. Region VIII—Delegation Status of National Emissions Standards for Hazardous Air Pollutants 1 *Indicates approval of delegation of subpart to state. 1 Specific authorities which may not be delegated include, but are not limited to §§ 61.04(b) and (c), 61.05(c), 61.11, 61.12(d), 61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), 61.16, 61.112(c), 61.164(a)(2) and (3), 61.172(b)(2)(ii)(B) and (C), 61.174(a)(2) and (3), 61.242-1(c)(2), 61.244, and all authorities listed as not delegable in each individual subpart delegated to the state. 2 Indicates approval of National Emissions Standards for Hazardous Air Pollutants as part of the State Implementation Plan (SIP) with the exception of the radionuclide NESHAP subparts B, Q, R, T and W which were approved through section 112(l) of the Clean Air Act. 3 Delegation only for asbestos demolition, renovation, spraying, manufacturing, and fabricating operations, insulating materials, waste disposal for demolition, renovation, spraying, manufacturing and fabricating operations, inactive waste disposal sites for manufacturing and fabricating operations, and operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material. (9) The following tables list the specific Part 61 standards that have been delegated unchanged to the air pollution control agencies in Region IX. The (X) symbol is used to indicate each standard that has been delegated. The following provisions of this subpart are not delegated: §§ 61.04(b), 61.04(c), 61.05(c), 61.11, 61.12(d), 61.13(h)(1)(ii), 61.14(d), 61.14(g)(1)(ii), and 61.16. (i) Arizona. The following table identifies delegations for Arizona: Table 6 to Paragraph ( c )(9)( i )—Delegation Status for National Emission Standards for Hazardous Air Pollutants for Arizona (ii) California. The following tables identify delegations for California: (A) Delegations for Amador County Air Pollution Control District, Antelope Valley Air Quality Management District, Bay Area Air Quality Management District, and Butte County Air Quality Management District are shown in the following table: Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Amador County APCD, Antelope Valley AQMD, Bay Area AQMD, and Butte County AQMD (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 (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 (E) Delegations for Modoc Air Pollution Control District, Mojave Desert Air Quality Management District, Monterey Bay Unified Air Pollution Control District, and North Coast Unified Air Quality Management District are shown in the following table: Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Modoc County APCD, Mojave Desert AQMD, Monterey Bay Unified APCD, and North Coast Unified AQMD (F) Delegations for Northern Sierra Air Quality Management District, Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control District, and Sacramento Metropolitan Air Quality Management District are shown in the following table: Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Northern Sierra Air Quality Management District, Northern Sonoma County Air Pollution Control District, Placer County Air Pollution Control District, and Sacramento Metropolitan Air Quality Management District (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 (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 (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 (iii) Hawaii. The following table identifies delegations as of October 21, 2004: Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Hawaii (iv) Nevada. The following table identifies delegations for Nevada: Table 19—to Paragraph ( c )(9)( iv )—Delegation Status for National Emissions Standards for Hazardous Air Pollutants for Nevada (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. Delegation Status for Part 61 Standards—Region 10 1 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 § 61.145 and § 61.154 of subpart M (Asbestos), along with other sections and appendices which are referenced in § 61.145, as § 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. 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: §§ 61.04(b); 61.12(d)(1); 61.13(h)(1)(ii) for approval of major alternatives to test methods; § 61.14(g)(1)(ii) for approval of major alternatives to monitoring; § 61.16; § 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." 40:40:10.0.1.1.1.1.1.5,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.05 Prohibited activities.,EPA,,,"[38 FR 8826, Apr. 6, 1973, as amended at 50 FR 46291, Nov. 7, 1985]","(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." 40:40:10.0.1.1.1.1.1.6,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.06 Determination of construction or modification.,EPA,,,"[50 FR 46291, Nov. 7, 1985]","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." 40:40:10.0.1.1.1.1.1.7,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.07 Application for approval of construction or modification.,EPA,,,"[50 FR 46291, Nov. 7, 1985]","(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." 40:40:10.0.1.1.1.1.1.8,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.08 Approval of construction or modification.,EPA,,,"[50 FR 46291, Nov. 7, 1985]","(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 § 61.07. (b) If the Administrator determines that a stationary source for which an application under § 61.07 was submitted will not cause emissions in violation of a standard if properly operated, the Administrator will approve the construction or modification. (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." 40:40:10.0.1.1.1.1.1.9,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,A,Subpart A—General Provisions,,§ 61.09 Notification of startup.,EPA,,,"[50 FR 46291, Nov. 7, 1985]","(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." 40:40:10.0.1.1.1.10.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,J,Subpart J—National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene,,§ 61.110 Applicability and designation of sources.,EPA,,,"[49 FR 23513, June 6, 1984, as amended at 65 FR 62156, Oct. 17, 2000; 65 FR 78280, Dec. 14, 2000]","(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 § 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 § 61.112. (3) Any process unit (defined in § 61.241) that has no equipment in benzene service is exempt from the requirements of § 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." 40:40:10.0.1.1.1.10.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,J,Subpart J—National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene,,§ 61.111 Definitions.,EPA,,,,"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 § 61.245(d). The provisions of § 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." 40:40:10.0.1.1.1.10.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,J,Subpart J—National Emission Standard for Equipment Leaks (Fugitive Emission Sources) of Benzene,,§ 61.112 Standards.,EPA,,,,"(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 §§ 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 § 61.244." 40:40:10.0.1.1.1.11.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,K,Subpart K—National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants,,§ 61.120 Applicability.,EPA,,,,The provisions of this subpart are applicable to owners or operators of calciners and nodulizing kilns at elemental phosphorus plants. 40:40:10.0.1.1.1.11.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,K,Subpart K—National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants,,§ 61.121 Definitions.,EPA,,,,"(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." 40:40:10.0.1.1.1.11.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,K,Subpart K—National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants,,§ 61.122 Emission standard.,EPA,,,"[56 FR 65943, Dec. 19, 1991]","Emissions of polonium-210 to the ambient air from all calciners and nodulizing kilns at an elemental phosphorus plant shall not exceed a total of 2 curies a year; except that compliance with this standard may be conclusively shown if the elemental phosphorus plant: (a) Installs a Hydro-Sonic ® Tandem Nozzle Fixed Throat Free-Jet Scrubber System including four scrubber units, (b) All four scrubber units are operated continuously with a minimum average over any 6-hour period of 40 inches (water column) of pressure drop across each scrubber during calcining of phosphate shale, (c) The system is used to scrub emissions from all calciners and/or nodulizing kilns at the plant, and (d) Total emissions of polonium-210 from the plant do not exceed 4.5 curies per year. Alternative operating conditions, which can be shown to achieve an overall removal efficiency for emissions of polonium-210 which is equal to or greater than the efficiency which would be achieved under the operating conditions described in paragraphs (a), (b), and (c) of this section, may be used with prior approval of the Administrator. A facility shall apply for such approval in writing, and the Administrator shall act upon the request within 30 days after receipt of a complete and technically sufficient application." 40:40:10.0.1.1.1.11.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,K,Subpart K—National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants,,§ 61.123 Emission testing.,EPA,,,"[54 FR 51699, Dec. 15, 1989, as amended at 65 FR 62156, Oct. 17, 2000]","(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 § 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 § 61.122, the total annual emission rate is the sum of the annual emission rates for all operating calciners and nodulizing kilns. (e) If the owner or operator changes his operation in such a way as to increase his emissions of polonium-210, such as changing the type of rock processed, the temperature of the calciners or kilns, or increasing the annual phosphate rock processing rate, then a new emission test, meeting the requirements of this section, shall be conducted within 45 days under these conditions. (f) Each owner or operator of an elemental phosphorus plant shall furnish the Administrator with a written report of the results of the emission test within 60 days of conducting the test. The report must provide the following information: (1) The name and location of the facility. (2) The name of the person responsible for the operation of the facility and the name of the person preparing the report (if different). (3) A description of the effluent controls that are used on each stack, vent, or other release point and an estimate of the efficiency of each device. (4) The results of the testing, including the results of each sampling run completed. (5) The values used in calculating the emissions and the source of these data. (6) Each report shall be signed and dated by a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: “I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment. See, 18 U.S.C. 1001.”" 40:40:10.0.1.1.1.11.1.5,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,K,Subpart K—National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants,,§ 61.124 Recordkeeping requirements.,EPA,,,,"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." 40:40:10.0.1.1.1.11.1.6,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,K,Subpart K—National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants,,§ 61.125 Test methods and procedures.,EPA,,,"[54 FR 51699, Dec. 15, 1989, as amended at 65 FR 62156, Oct. 17, 2000]","(a) Each owner or operator of a source required to test emissions under § 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." 40:40:10.0.1.1.1.11.1.7,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,K,Subpart K—National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants,,§ 61.126 Monitoring of operations.,EPA,,,"[56 FR 65943, Dec. 19, 1991]","(a) The owner or operator of any source subject to this subpart using a wet-scrubbing emission control device shall install, calibrate, maintain, and operate a monitoring device for the continuous measurement and recording of the pressure drop of the gas stream across each scrubber. The monitoring device must be certified by the manufacturer to be accurate within ±250 pascal (±1 inch of water). The owner or operator of any source subject to this subpart using a wet-scrubbing emission control device shall also install, calibrate, maintain, and operate a monitoring device for the continuous measurement and recording of the scrubber fluid flow rate. These continuous measurement recordings shall be maintained at the source and made available for inspection by the Administrator, or his authorized representative, for a minimum of 5 years. (b) The owner or operator of any source subject to this subpart using an electrostatic precipitator control device shall install, calibrate, maintain, and operate a monitoring device for the continuous measurement and recording of the primary and secondary current and the voltage in each electric field. These continuous measurement recordings shall be maintained at the source and made available for inspection by the Administrator, or his authorized representative, for a minimum of 5 years." 40:40:10.0.1.1.1.11.1.8,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,K,Subpart K—National Emission Standards for Radionuclide Emissions From Elemental Phosphorus Plants,,§ 61.127 Exemption from the reporting and testing requirements of 40 CFR 61.10.,EPA,,,,All facilities designated under this subpart are exempt from the reporting requirements of 40 CFR 61.10. 40:40:10.0.1.1.1.12.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,"§ 61.130 Applicability, designation of sources, and delegation of authority.",EPA,,,"[54 FR 51699, Dec. 15, 1989, as amended at 56 FR 47406, Sept. 19, 1991]","(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 § 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: § 61.136(d)." 40:40:10.0.1.1.1.12.1.10,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,"§ 61.139 Provisions for alternative means for process vessels, storage tanks, and tar-intercepting sumps.",EPA,,,"[56 FR 47407, Sept. 19, 1991, as amended at 64 FR 7467, Feb. 12, 1999; 65 FR 62157, Oct. 17, 2000]","(a) As an alternative means of emission limitation for a source subject to § 61.132(a)(2) or § 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 § 61.132(a)(1) and § 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 § 61.245(c). (3) The provisions of § 61.132(b) shall apply to the seals and closed vent system. (b) For each carbon adsorber, the owner or operator shall adhere to the following practices: (1) Benzene captured by each carbon adsorber shall be recycled or destroyed in a manner that prevents benzene from being emitted to the atmosphere. (2) Carbon removed from each carbon adsorber shall be regenerated or destroyed in a manner that prevents benzene from being emitted to the atmosphere. (3) For each regenerative carbon adsorber, the owner or operator shall initiate regeneration of the spent carbon bed and vent the emissions from the source to a regenerated carbon bed no later than when the benzene concentration or organic vapor concentration level in the adsorber outlet vent reaches the maximum concentration point, as determined in § 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 § 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 § 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 § 61.13 and § 61.139(g). If a waiver of compliance has been granted under § 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. C aj = concentration of benzene in vents after the control device, parts per million (ppm). C bi = concentration of benzene in vents before the control device, ppm. Q aj = volumetric flow rate in vents after the control device, standard cubic meters/minute (scm/min) [standard cubic feet/minute (scf/min)]. Q bi = 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. Where: E = percent removal of benzene. C aj = concentration of benzene in vents after the control device, parts per million (ppm). C bi = concentration of benzene in vents before the control device, ppm. Q aj = volumetric flow rate in vents after the control device, standard cubic meters/minute (scm/min) [standard cubic feet/minute (scf/min)]. Q bi = 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 § 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 § 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 § 61.139(g)(2). The measurement shall be conducted over at least one 5-minute interval during which flow into the carbon adsorber is expected to occur. (2) All measurements of organic compound concentration levels shall be reasonable indicators of benzene concentration. (i) The monitoring device for measuring organic compound concentration levels shall meet the requirements of paragraphs § 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. 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 °C, whichever is greater. (i) Where a vapor incinerator other than a catalytic incinerator is used, the temperature monitoring device shall be installed in the firebox. (ii) Where a catalytic incinerator is used, temperature monitoring devices shall be installed in the gas stream immediately before and after the catalyst bed. (2) Comply with paragraph (f)(2)(i), paragraph (f)(2)(ii), or paragraph (f)(3)(iii) of this section. (i) Install, calibrate, maintain and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow to the incinerator at least once every hour for each source. The flow indicator shall be installed in the vent stream from each source at a point closest to the inlet of each vapor incinerator and before being joined with any other vent stream. (ii) Install, calibrate, maintain and operate according to the manufacturer's specifications a flow indicator that provides a record of vent stream flow away from the vapor incinerator at least once every 15 minutes. The flow indicator shall be installed in each bypass line, immediately downstream of the valve that, if opened, would divert the vent stream away from the vapor incinerator. (iii) Where a valve that opens a bypass line is secured in the closed position with a car seal or a lock-and-key configuration, a flow indicator is not required. The owner or operator shall perform a visual inspection at least once every month to check the position of the valve and the condition of the car seal or lock-and-key configuration. The owner or operator shall also record the date and duration of each time that the valve was opened and the vent stream diverted away from the vapor incinerator. (g) In conducting the compliance tests required in § 61.139(c), and measurements specified in § 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 § 61.13. (1) For compliance tests, as described in § 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 § 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 (C aj and C bi ). 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 °C, a detector temperature of 225 °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 (Q aj or Q bi ) and the corresponding benzene concentration (C aj or C bi ) 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 §§ 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 § 61.139(g)(1)(i) shall apply to the extent practicable. (iii) The requirements in § 61.139(g)(1)(vi) shall apply. Section 7.2 of method 18 shall be used as described in § 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 § 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 § 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 § 61.139(g)(2), and of a simultaneous measurement by the monitoring device. The monitoring device measurement shall be conducted according to § 61.139 (d) or (e), whichever is applicable. (iii) The maximum concentration point shall be the concentration level, as indicated by the monitoring device, for the last data point at which the benzene concentration is less than 2 percent of the average value of the benzene concentration at the inlet to the carbon adsorber during the most recent compliance test. (4) If the maximum concentration point is expressed as a benzene concentration, the owner or operator may determine it by calibrating the monitoring device with benzene at a concentration that is 2 percent of the average benzene concentration measured at the inlet to the carbon adsorber during the most recent compliance test. The reading on the monitoring device corresponding to the calibration concentration shall be the maximum concentration point. This method of determination would affect the owner or operator as follows: (i) For a regenerative carbon adsorber, the owner or operator is exempt from the provisions in paragraph (h)(3) of this section. (ii) For a non-regenerative carbon adsorber, the owner or operator is required to collect the data points in paragraph (h)(3) of this section with 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 § 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 °C (50 °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 °C (50 °F) below the average temperature of the vent stream during the most recent performance test, or the average temperature difference across the catalyst bed is less than 80 percent of the average temperature difference across the catalyst bed during the most recent performance test. (7) For each vapor incinerator, the following shall be recorded for at least 2 years: (i) If subject to § 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 § 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 § 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 § 61.139: (1) Compliance tests shall be reported as specified in § 61.13(f). (2) The following information shall be reported as part of the semiannual reports required in § 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 § 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 § 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 § 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 § 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 § 61.139(i)(7)(ii) when the vent stream is diverted from the control device; and (C) Each period recorded under § 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." 40:40:10.0.1.1.1.12.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,§ 61.131 Definitions.,EPA,,,"[54 FR 38073, Sept. 14, 1989, as amended at 56 FR 47406, Sept. 19, 1991]","As used in this subpart, all terms not defined herein shall have the meaning given them in the Act, in subpart A of part 61, and in subpart V of part 61. The following terms shall have the specific meanings given them: Annual coke production means the coke produced in the batteries connected to the coke by-product recovery plant over a 12-month period. The first 12-month period concludes on the first December 31 that comes at least 12 months after the effective date or after the date of initial startup if initial startup is after the effective date. Benzene storage tank means any tank, reservoir, or container used to collect or store refined benzene. BTX storage tank means any tank, reservoir, or container used to collect or store benzene-toluene-xylene or other light-oil fractions. Car seal means a seal that is placed on the device used to change the position of a valve (e.g., from open to closed) such that the position of the valve cannot be changed without breaking the seal and requiring the replacement of the old seal, once broken, with a new seal. Coke by-product recovery plant means any plant designed and operated for the separation and recovery of coal tar derivatives (by-products) evolved from coal during the coking process of a coke oven battery. Equipment means each pump, valve, exhauster, pressure relief device, sampling connection system, open-ended valve or line, and flange or other connector in benzene service. Excess ammonia-liquor storage tank means any tank, reservoir, or container used to collect or store a flushing liquor solution prior to ammonia or phenol recovery. Exhauster means a fan located between the inlet gas flange and outlet gas flange of the coke oven gas line that provides motive power for coke oven gases. Foundry coke means coke that is produced from raw materials with less than 26 percent volatile material by weight and that is subject to a coking period of 24 hours or more. Percent volatile material of the raw materials (by weight) is the weighted average 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 § 61.137(b). The provisions of § 61.137(b) also specify how to determine that a piece of equipment is not in benzene service. Light-oil condenser means any unit in the light-oil recovery operation that functions to condense benzene-containing vapors. Light-oil decanter means any vessel, tank, or other type of device in the light-oil recovery operation that functions to separate light oil from water downstream of the light-oil condenser. A light-oil decanter also may be known as a light-oil separator. Light-oil storage tank means any tank, reservoir, or container used to collect or store crude or refined light-oil. Light-oil sump means any tank, pit, enclosure, or slop tank in light-oil recovery operations that functions as a wastewater separation device for hydrocarbon liquids on the surface of the water. Naphthalene processing means any operations required to recover naphthalene including the separation, refining, and drying of crude or refined naphthalene. Non-regenerative carbon adsorber means a series, over time, of non-regenerative carbon beds applied to a single source or group of sources, where non-regenerative carbon beds are carbon beds that are either never regenerated or are moved from their location for regeneration. Process vessel means each tar decanter, flushing-liquor circulation tank, light-oil condenser, light-oil decanter, wash-oil decanter, or wash-oil circulation tank. Regenerative carbon adsorber means a carbon adsorber applied to a single source or group of sources, in which the carbon beds are regenerated without being moved from their location. Semiannual means a 6-month period; the first semiannual period concludes on the last day of the last full month during the 180 days following initial startup for new sources; the first semiannual period concludes on the last day of the last full month during the 180 days after the effective date of the regulation for existing sources. Tar decanter means any vessel, tank, or container that functions to separate heavy tar and sludge from flushing liquor by means of gravity, heat, or chemical emulsion breakers. A tar decanter also may be known as a flushing-liquor decanter. Tar storage tank means any vessel, tank, reservoir, or other type of container used to collect or store crude tar or tar-entrained naphthalene, except for tar products obtained by distillation, such as coal tar pitch, creosotes, or carbolic oil. This definition also includes any vessel, tank, reservoir, or container used to reduce the water content of the tar by means of heat, residence time, chemical emulsion breakers, or centrifugal separation. A tar storage tank also may be known as a tar-dewatering tank. Tar-intercepting sump means any tank, pit, or enclosure that serves to receive or separate tars and aqueous condensate discharged from the primary cooler. A tar-intercepting sump also may be known as a primary-cooler decanter. Vapor incinerator means any enclosed combustion device that is used for destroying organic compounds and does 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." 40:40:10.0.1.1.1.12.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,"§ 61.132 Standard: Process vessels, storage tanks, and tar-intercepting sumps.",EPA,,,"[54 FR 38073, Sept. 14, 1989, as amended at 65 FR 62157, Oct. 17, 2000]","(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 § 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 § 61.245(c), and shall visually inspect each source (including sealing materials) and the ductwork of the control system for evidence of visible defects such as gaps or tears. This monitoring and inspection shall be conducted on a semiannual basis and at any other time after the control system is repressurized with blanketing gas following removal of the cover or opening of the access hatch. (1) If an instrument reading indicates an organic chemical concentration more than 500 ppm above a background concentration, as measured by Method 21, a leak is detected. (2) If visible defects such as gaps in sealing materials are observed during a visual inspection, a leak is detected. (3) When a leak is detected, it shall be repaired as soon as practicable, but not later than 15 calendar days after it is detected. (4) A first attempt at repair of any leak or visible defect shall be made no later than 5 calendar days after each leak is detected. (c) Following the installation of any control system used to meet the requirements of paragraph (a) of this section, the owner or operator shall conduct a maintenance inspection of the control system on an annual basis for evidence of system abnormalities, such as blocked or plugged lines, sticking valves, plugged condensate traps, and other maintenance defects that could result in abnormal system operation. The owner or operator shall make a first attempt at repair within 5 days, with repair within 15 days of detection. (d) Each owner or operator of a furnace coke by-product recovery plant 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." 40:40:10.0.1.1.1.12.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,§ 61.133 Standard: Light-oil sumps.,EPA,,,"[54 FR 38073, Sept. 14, 1989, as amended at 65 FR 62157, Oct. 17, 2000]","(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 § 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." 40:40:10.0.1.1.1.12.1.5,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,"§ 61.134 Standard: Naphthalene processing, final coolers, and final-cooler cooling towers.",EPA,,,,"(a) No (“zero”) emissions are allowed from naphthalene processing, final coolers and final-cooler cooling towers at coke by-product recovery plants." 40:40:10.0.1.1.1.12.1.6,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,§ 61.135 Standard: Equipment leaks.,EPA,,,,"(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 § 61.242-3 and § 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 § 61.245(b) except as provided in § 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 § 61.242-10 (a) and (b). A first attempt at repair shall be made no later than 5 calendar days after each leak is detected. (e) Each exhauster equipped with a seal system that includes a barrier fluid system and that prevents leakage of process fluids to the atmosphere is exempt from the requirements of paragraph (d) of this section provided the following requirements are met: (1) Each exhauster seal system is: (i) Operated with the barrier fluid at a pressure that is greater than the exhauster stuffing box pressure; or (ii) Equipped with a barrier fluid system that is connected by a closed vent system to a control device that complies with the requirements of § 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 § 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 § 61.242-11 except as provided in paragraph (g) of this section. (g) Any exhauster that is designated, as described in § 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 § 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 § 61.246(e)(5)." 40:40:10.0.1.1.1.12.1.7,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,§ 61.136 Compliance provisions and alternative means of emission limitation.,EPA,,,,"(a) Each owner or operator subject to the provisions of this subpart shall demonstrate compliance with the requirements of §§ 61.132 through 61.135 for each new and existing source, except as provided under §§ 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 § 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 §§ 61.132, 61.133, and 61.135 of this subpart and §§ 61.242-2, -5, -6, -7, -8, and -11 of subpart V. Permission to use an alternative means of emission limitation shall be requested as specified in § 61.12(d). (2) When the Administrator evaluates requests for permission to use alternative means of emission limitation for sources subject to §§ 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 § 61.135, the provisions of § 61.244(c) shall apply." 40:40:10.0.1.1.1.12.1.8,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,§ 61.137 Test methods and procedures.,EPA,,,,"(a) Each owner or operator subject to the provisions of this subpart shall comply with the requirements in § 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 § 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 § 61.245(d)." 40:40:10.0.1.1.1.12.1.9,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,L,Subpart L—National Emission Standard for Benzene Emissions from Coke By-Product Recovery Plants,,§ 61.138 Recordkeeping and reporting requirements.,EPA,,,"[55 FR 38073, Sept. 14, 1990; 55 FR 14037, Apr. 13, 1990]","(a) The following information pertaining to the design of control equipment installed to comply with §§ 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 § 61.132 and sources subject to § 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 § 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 § 61.135 shall comply with § 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 § 61.11, along with the information required under § 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 § 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 § 61.132(d). (f) A report shall be submitted to the Administrator semiannually starting 6 months after the initial reports required in § 61.138(e) and § 61.10, which includes the following information: (1) For sources subject to § 61.132 and sources subject to § 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 § 61.135(a), information required by § 61.247(b). (3) For each exhauster subject to § 61.135 for each quarter during the semiannual reporting period, (i) The number of exhausters for which leaks were detected as described in § 61.135 (d) and (e)(5), (ii) The number of exhausters for which leaks were repaired as required in § 61.135 (d) and (e)(6), (iii) The results of performance tests to determine compliance with § 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. Compliance with the requirements of § 61.10(c) is not required for revisions documented under this paragraph. (g) In the first report submitted as required in § 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 §§ 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 §§ 61.05(a) and 61.07, will not be required for sources subject to 61.135 if: (1) The new source complies with § 61.135, and (2) In the next semiannual report required by § 61.138(f), the information described in § 61.138(e)(4) is reported." 40:40:10.0.1.1.1.13.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.140 Applicability.,EPA,,,"[55 FR 48414, Nov. 20, 1990]","The provisions of this subpart are applicable to those sources specified in §§ 61.142 through 61.151, 61.154, and 61.155." 40:40:10.0.1.1.1.13.1.10,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.149 Standard for waste disposal for asbestos mills.,EPA,,,,"Each owner or operator of any source covered under the provisions of § 61.142 shall: (a) Deposit all asbestos-containing waste material at a waste disposal site operated in accordance with the provisions of § 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 § 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 § 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 § 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 °C (15 °F), as determined by an appropriate measurement method with an accuracy of ±1 °C (±2 °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: (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 × 36 cm (20 in × 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." 40:40:10.0.1.1.1.13.1.11,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,"§ 61.150 Standard for waste disposal for manufacturing, fabricating, demolition, renovation, and spraying operations.",EPA,,,"[55 FR 48429, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991, as amended at 68 FR 54793, Sept. 18, 2003]","Each owner or operator of any source covered under the provisions of §§ 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 § 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. (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 § 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 §§ 61.145(c)(1) (i), (ii), (iii), and (iv) or for facilities demolished according to § 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 § 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 § 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 § 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 §§ 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 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." 40:40:10.0.1.1.1.13.1.12,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.151 Standard for inactive waste disposal sites for asbestos mills and manufacturing and fabricating operations.,EPA,,,"[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]","Each owner or operator of any inactive waste disposal site that was operated by sources covered under § 61.142, 61.144, or 61.147 and received deposits of asbestos-containing waste material generated by the sources, shall: (a) Comply with one of the following: (1) Either discharge no visible emissions to the outside air from an inactive waste disposal site subject to this paragraph; or (2) Cover the asbestos-containing waste material with at least 15 centimeters (6 inches) of compacted nonasbestos-containing material, and grow and maintain a cover of vegetation on the area adequate to prevent exposure of the asbestos-containing waste material. In desert areas where vegetation would be difficult to maintain, at least 8 additional centimeters (3 inches) of well-graded, nonasbestos crushed rock may be placed on top of the final cover instead of vegetation and maintained to prevent emissions; or (3) Cover the asbestos-containing waste material with at least 60 centimeters (2 feet) of compacted nonasbestos-containing material, and maintain it to prevent exposure of the asbestos-containing waste; or (4) For inactive waste disposal sites for asbestos tailings, a resinous or petroleum-based dust suppression agent that effectively binds dust to control surface air emissions may be used instead of the methods in paragraphs (a) (1), (2), and (3) of this section. Use the agent in the manner and frequency recommended for the particular asbestos tailings by the manufacturer of the dust suppression agent to achieve and maintain dust control. Obtain prior written approval of the Administrator to use other equally effective dust suppression agents. For purposes of this paragraph, any used, spent, or other waste oil is not considered a dust suppression agent. (b) Unless a natural barrier adequately deters access by the general public, install and maintain warning signs and fencing as follows, or comply with paragraph (a)(2) or (a)(3) of this section. (1) Display warning signs at all entrances and at intervals of 100 m (328 ft) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material was deposited. The warning signs must: (i) Be posted in such a manner and location that a person can easily read the legend; and (ii) Conform to the requirements for 51 cm × 36 cm (20″ × 14″) upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph; and (iii) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. Spacing between any two lines must be at least equal to the height of the upper of the two lines. (2) Fence the perimeter of the site in a manner adequate to deter access by the general public. (3) When requesting a determination on whether a natural barrier adequately deters public access, supply information enabling the Administrator to determine whether a fence or a natural barrier adequately deters access by the general public. (c) The owner or operator may use an alternative control method that has received prior approval of the Administrator rather than comply with the requirements of paragraph (a) or (b) of this section. (d) Notify the Administrator in writing at least 45 days prior to excavating or otherwise disturbing any asbestos-containing waste material that has been deposited at a waste disposal site under this section, and follow the procedures specified in the notification. If the excavation will begin on a date other than the one contained in the original notice, notice of the new start date must be provided to the Administrator at least 10 working days before excavation begins and in no event shall excavation begin earlier than the date specified in the original notification. Include the following information in the notice: (1) Scheduled starting and completion dates. (2) Reason for disturbing the waste. (3) Procedures to be used to control emissions during the excavation, storage, transport, and ultimate disposal of the excavated asbestos-containing waste material. If deemed necessary, the Administrator may require changes in the emission control procedures to be used. (4) Location of any temporary storage site and the final disposal site. (e) Within 60 days of a site becoming inactive and after the effective date of this subpart, record, in accordance with State law, a notation on the deed to the facility property and on any other instrument that would normally be examined during a title search; this notation will in perpetuity notify any potential purchaser of the property that: (1) The land has been used for the disposal of asbestos-containing waste material; (2) The survey plot and record of the location and quantity of asbestos-containing waste disposed of within the disposal site required in § 61.154(f) have been filed with the Administrator; and (3) The site is subject to 40 CFR part 61, subpart M." 40:40:10.0.1.1.1.13.1.13,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.152 Air-cleaning.,EPA,,,"[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]","(a) The owner or operator who uses air cleaning, as specified in §§ 61.142(a), 61.144(b)(2), 61.145(c)(3)(i)(B)( 1 ), 61.145(c)(4)(ii), 61.145(c)(11)(i), 61.146(b)(2), 61.147(b)(2), 61.149(b), 61.149(c)(1)(ii), 61.150(a)(1)(ii), 61.150(a)(2)(ii), and 61.155(e) shall: (1) Use fabric filter collection devices, except as noted in paragraph (b) of this section, doing all of the following: (i) Ensuring that the airflow permeability, as determined by ASTM Method D737-75, does not exceed 9 m 3 /min/m 2 (30 ft 3 /min/ft 2 ) for woven fabrics or 11 3 /min/m 2 (35 ft 3 /min/ft 2 ) for felted fabrics, except that 12 m 3 /min/m 2 (40 ft 3 min/ft 2 ) for woven and 14 m 3 /min/m 2 (45 ft 3 min/ft 2 ) for felted fabrics is allowed for filtering air from asbestos ore dryers; and (ii) Ensuring that felted fabric weighs at least 475 grams per square meter (14 ounces per square yard) and is at least 1.6 millimeters (one-sixteenth inch) thick throughout; and (iii) Avoiding the use of synthetic fabrics that contain fill yarn other than that which is spun. (2) Properly install, use, operate, and maintain all air-cleaning equipment authorized by this section. Bypass devices may be used only during upset or emergency conditions and then only for so long as it takes to shut down the operation generating the particulate asbestos material. (3) For fabric filter collection devices installed after January 10, 1989, provide for easy inspection for faulty bags. (b) There are the following exceptions to paragraph (a)(1): (1) After January 10, 1989, if the use of fabric creates a fire or explosion hazard, or the Administrator determines that a fabric filter is not feasible, the Administrator may authorize as a substitute the use of wet collectors designed to operate with a unit contacting energy of at least 9.95 kilopascals (40 inches water gage pressure). (2) Use a HEPA filter that is certified to be at least 99.97 percent efficient for 0.3 micron particles. (3) The Administrator may authorize the use of filtering equipment other than described in paragraphs (a)(1) and (b)(1) and (2) of this section if the owner or operator demonstrates to the Administrator's satisfaction that it is equivalent to the described equipment in filtering particulate asbestos material." 40:40:10.0.1.1.1.13.1.14,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.153 Reporting.,EPA,,,"[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48430, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]","(a) Any new source to which this subpart applies (with the exception of sources subject to §§ 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 §§ 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 §§ 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 § 61.10. Active waste disposal sites subject to § 61.154 shall also comply with this provision. Roadways, demolition and renovation, spraying, and insulating materials are exempted from the requirements of § 61.10(a). The information described in this section must be reported using the format of appendix A of this part as a guide." 40:40:10.0.1.1.1.13.1.15,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.154 Standard for active waste disposal sites.,EPA,,,"[49 FR 13661, Apr. 5, 1990. Redesignated and amended at 55 FR 48431, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]","Each owner or operator of an active waste disposal site that receives asbestos-containing waste material from a source covered under § 61.149, 61.150, or 61.155 shall meet the requirements of this section: (a) Either there must be no visible emissions to the outside air from any active waste disposal site where asbestos-containing waste material has been deposited, or the requirements of paragraph (c) or (d) of this section must be met. (b) Unless a natural barrier adequately deters access by the general public, either warning signs and fencing must be installed and maintained as follows, or the requirements of paragraph (c)(1) of this section must be met. (1) Warning signs must be displayed at all entrances and at intervals of 100 m (330 ft) or less along the property line of the site or along the perimeter of the sections of the site where asbestos-containing waste material is deposited. The warning signs must: (i) Be posted in such a manner and location that a person can easily read the legend; and (ii) Conform to the requirements of 51 cm × 36 cm (20″ × 14″) upright format signs specified in 29 CFR 1910.145(d)(4) and this paragraph; and (iii) Display the following legend in the lower panel with letter sizes and styles of a visibility at least equal to those specified in this paragraph. 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 § 61.149(c)(2). (e) For all asbestos-containing waste material received, the owner or operator of the active waste disposal site shall: (1) Maintain waste shipment records, using a form similar to that shown in Figure 4, and include the following information: (i) The name, address, and telephone number of the waste generator. (ii) The name, address, and telephone number of the transporter(s). (iii) The quantity of the asbestos-containing waste material in cubic meters (cubic yards). (iv) The presence of improperly enclosed or uncovered waste, or any asbestos-containing waste material not sealed in leak-tight containers. Report in writing to the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), and, if different, the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program for the disposal site, by the following working day, the presence of a significant amount of improperly enclosed or uncovered waste. Submit a copy of the waste shipment record along with the report. (v) The date of the receipt. (2) As soon as possible and no longer than 30 days after receipt of the waste, send a copy of the signed waste shipment record to the waste generator. (3) Upon discovering a discrepancy between the quantity of waste designated on the waste shipment records and the quantity actually received, attempt to reconcile the discrepancy with the waste generator. If the discrepancy is not resolved within 15 days after receiving the waste, immediately report in writing to the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program for the waste generator (identified in the waste shipment record), and, if different, the local, State, or EPA Regional office responsible for administering the asbestos NESHAP program for the disposal site. Describe the discrepancy and attempts to reconcile it, and submit a copy of the waste shipment record along with the report. (4) Retain a copy of all records and reports required by this paragraph for at least 2 years. (f) Maintain, until closure, records of the location, depth and area, and quantity in cubic meters (cubic yards) of asbestos-containing waste material within the disposal site on a map or diagram of the disposal area. (g) Upon closure, comply with all the provisions of § 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." 40:40:10.0.1.1.1.13.1.16,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.155 Standard for operations that convert asbestos-containing waste material into nonasbestos (asbestos-free) material.,EPA,,,"[55 FR 48431, Nov. 20, 1990]","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 § 61.07. (2) In addition to the information requirements of § 61.07(b)(3), a (i) Description of waste feed handling and temporary storage. (ii) Description of process operating conditions. (iii) Description of the handling and temporary storage of the end product. (iv) Description of the protocol to be followed when analyzing output materials by transmission electron microscopy. (3) Performance test protocol, including provisions for obtaining information required under paragraph (b) of this section. (4) The Administrator may require that a demonstration of the process be performed prior to approval of the application to construct. (b) Conduct a start-up performance test. Test results shall include: (1) A detailed description of the types and quantities of nonasbestos material, RACM, and asbestos-containing waste material processed, e.g., asbestos cement products, friable asbestos insulation, plaster, wood, plastic, wire, etc. Test feed is to include the full range of materials that will be encountered in actual operation of the process. (2) Results of analyses, using polarized light microscopy, that document the asbestos content of the wastes processed. (3) Results of analyses, using transmission electron microscopy, that document that the output materials are free of asbestos. Samples for analysis are to be collected as 8-hour composite samples (one 200-gram (7-ounce) sample per hour), beginning with the initial introduction of RACM or asbestos-containing waste material and continuing until the end of the performance test. (4) A description of operating parameters, such as temperature and residence time, defining the full range over which the process is expected to operate to produce nonasbestos (asbestos-free) materials. Specify the limits for each operating parameter within which the process will produce nonasbestos (asbestos-free) materials. (5) The length of the test. (c) During the initial 90 days of operation, (1) Continuously monitor and log the operating parameters identified during start-up performance tests that are intended to ensure the production of nonasbestos (asbestos-free) output material. (2) Monitor input materials to ensure that they are consistent with the test feed materials described during start-up performance tests in paragraph (b)(1) of this section. (3) Collect and analyze samples, taken as 10-day composite samples (one 200-gram (7-ounce) sample collected every 8 hours of operation) of all output material for the presence of asbestos. Composite samples may be for fewer than 10 days. Transmission electron microscopy (TEM) shall be used to analyze the output material for the presence of asbestos. During the initial 90-day period, all output materials must be stored on-site until analysis shows the material to be asbestos-free or disposed of as asbestos-containing waste material according to § 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 § 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 § 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 § 61.155(c). (3) Results of the monthly composite analyses required under § 61.155(d). (4) Results of continuous monitoring and logs of process operating parameters required under § 61.155 (c) and (d). (5) The information on waste shipments received as required in § 61.154(e). (6) For output materials where no analyses were performed to determine the presence of asbestos, record the name and location of the purchaser or disposal site to which the output materials were sold or deposited, and the date of sale or disposal. (7) Retain records required by paragraph (f) of this section for at least 2 years. (g) Submit the following reports to the Administrator: (1) A report for each analysis of product composite samples performed during the initial 90 days of operation. (2) A quarterly report, including the following information concerning activities during each consecutive 3-month period: (i) Results of analyses of monthly product composite samples. (ii) A description of any deviation from the operating parameters established during performance testing, the duration of the deviation, and steps taken to correct the deviation. (iii) Disposition of any product produced during a period of deviation, including whether it was recycled, disposed of as asbestos-containing waste material, or stored temporarily on-site until analyzed for asbestos content. (iv) The information on waste disposal activities as required in § 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 §§ 61.150 and 61.154 or reprocessed while all of the established operating parameters are being met." 40:40:10.0.1.1.1.13.1.17,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.156 Cross-reference to other asbestos regulations.,EPA,,,"[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]","In addition to this subpart, the regulations referenced in Table 1 also apply to asbestos and may be applicable to those sources specified in §§ 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" 40:40:10.0.1.1.1.13.1.18,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.157 Delegation of authority.,EPA,,,"[55 FR 48433, Nov. 20, 1990]","(a) In delegating implementation and enforcement authority to a State under section 112(d) of the Act, the authorities contained in paragraph (b) of this section shall be retained by the Administrator and not transferred to a State. (b) Authorities that will not be delegated to States: (1) Section 61.149(c)(2) (2) Section 61.150(a)(4) (3) Section 61.151(c) (4) Section 61.152(b)(3) (5) Section 61.154(d) (6) Section 61.155(a)." 40:40:10.0.1.1.1.13.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.141 Definitions.,EPA,,,"[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]","All terms that are used in this subpart and are not defined below are given the same meaning as in the Act and in subpart A of this part. Active waste disposal site means any disposal site other than an inactive site. Adequately wet means sufficiently mix or penetrate with liquid to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then that material has not been adequately wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet. Asbestos means the asbestiform varieties of serpentinite (chrysotile), riebeckite (crocidolite), cummingtonite-grunerite, anthophyllite, and actinolite-tremolite. Asbestos-containing waste materials means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of this subpart. This term includes filters from control devices, friable asbestos waste material, and bags or other similar packaging contaminated with commercial asbestos. As applied to demolition and renovation operations, this term also includes regulated asbestos-containing material waste and materials contaminated with asbestos including disposable equipment and clothing. Asbestos mill means any facility engaged in converting, or in any intermediate step in converting, asbestos ore into commercial asbestos. Outside storage of asbestos material is not considered a part of the asbestos mill. Asbestos tailings means any solid waste that contains asbestos and is a product of asbestos mining or milling operations. Asbestos waste from control devices means any waste material that contains asbestos and is collected by a pollution control device. Category I nonfriable asbestos-containing material (ACM) means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy. Category II nonfriable ACM means any material, excluding Category I nonfriable ACM, containing more than 1 percent asbestos as determined using the methods specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Commercial asbestos means any material containing asbestos that is extracted from ore and has value because of its asbestos content. Cutting means to penetrate with a sharp-edged instrument and includes sawing, but does not include shearing, slicing, or punching. Demolition means the wrecking or taking out of any load-supporting structural member of a facility together with any related handling operations or the intentional burning of any facility. Emergency renovation operation means a renovation operation that was not planned but results from a sudden, unexpected event that, if not immediately attended to, presents a safety or public health hazard, is necessary to protect equipment from damage, or is necessary to avoid imposing an unreasonable financial burden. This term includes operations necessitated by nonroutine failures of equipment. Fabricating means any processing ( e.g., cutting, sawing, drilling) of a manufactured product that contains commercial asbestos, with the exception of processing at temporary sites (field fabricating) for the construction or restoration of facilities. In the case of friction products, fabricating includes bonding, debonding, grinding, sawing, drilling, or other similar operations performed as part of fabricating. Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure, or installation that contains a loft used as a dwelling is not considered a residential structure, installation, or building. Any structure, installation or building that was previously subject to this subpart is not excluded, regardless of its current use or function. Facility component means any part of a facility including equipment. Friable asbestos material means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, can be crumbled, pulverized, or reduced to powder by hand pressure. If the asbestos content is less than 10 percent as determined by a method other than point counting by polarized light microscopy (PLM), verify the asbestos content by point counting using PLM. Fugitive source means any source of emissions not controlled by an air pollution control device. Glove bag means a sealed compartment with attached inner gloves used for the handling of asbestos-containing materials. Properly installed and used, glove bags provide a small work area enclosure typically used for small-scale asbestos stripping operations. Information on glove-bag installation, equipment and supplies, and work practices is contained in the Occupational Safety and Health Administration's (OSHA's) final rule on occupational exposure to asbestos (appendix G to 29 CFR 1926.58). Grinding means to reduce to powder or small fragments and includes mechanical chipping or drilling. In poor condition means the binding of the material is losing its integrity as indicated by peeling, cracking, or crumbling of the material. Inactive waste disposal site means any disposal site or portion of it where additional asbestos-containing waste material has not been deposited within the past year. Installation means any building or structure or any group of buildings or structures at a single demolition or renovation site that are under the control of the same owner or operator (or owner or operator under common control). Leak-tight means that solids or liquids cannot escape or spill out. It also means dust-tight. Malfunction means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner so that emissions of asbestos are increased. Failures of equipment shall not be considered malfunctions if they are caused in any way by poor maintenance, careless operation, or any other preventable upset conditions, equipment breakdown, or process failure. Manufacturing means the combining of commercial asbestos—or, in the case of woven friction products, the combining of textiles containing commercial asbestos—with any other material(s), including commercial asbestos, and the processing of this combination into a product. Chlorine production is considered a part of manufacturing. Natural barrier means a natural object that effectively precludes or deters access. Natural barriers include physical obstacles such as cliffs, lakes or other large bodies of water, deep and wide ravines, and mountains. Remoteness by itself is not a natural barrier. Nonfriable asbestos-containing material means any material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, that, when dry, cannot be crumbled, pulverized, or reduced to powder by hand pressure. Nonscheduled renovation operation means a renovation operation necessitated by the routine failure of equipment, which is expected to occur within a given period based on past operating experience, but for which an exact date cannot be predicted. Outside air means the air outside buildings and structures, including, but not limited to, the air under a bridge or in an open air ferry dock. Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both. Particulate asbestos material means finely divided particles of asbestos or material containing asbestos. Planned renovation operations means a renovation operation, or a number of such operations, in which some RACM will be removed or stripped within a given period of time and that can be predicted. Individual nonscheduled operations are included if a number of such operations can be predicted to occur during a given period of time based on operating experience. Regulated asbestos-containing material (RACM) means (a) Friable asbestos material, (b) Category I nonfriable ACM that has become friable, (c) Category I nonfriable ACM that will be or has been subjected to sanding, grinding, cutting, or abrading, or (d) Category II nonfriable ACM that has a high probability of becoming or has become crumbled, pulverized, or reduced to powder by the forces expected to act on the material in the course of demolition or renovation operations regulated by this subpart. Remove means to take out RACM or facility components that contain or are covered with RACM from any facility. Renovation means altering a facility or one or more facility components in any way, including the stripping or removal of RACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions. Resilient floor covering means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than 1 percent asbestos as determined using polarized light microscopy according to the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy. Roadways means surfaces on which vehicles travel. This term includes public and private highways, roads, streets, parking areas, and driveways. Strip means to take off RACM from any part of a facility or facility components. Structural member means any load-supporting member of a facility, such as beams and load supporting walls; or any nonload-supporting member, such as ceilings and nonload-supporting walls. Visible emissions means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor. Waste generator means any owner or operator of a source covered by this subpart whose act or process produces asbestos-containing waste material. Waste shipment record means the shipping document, required to be originated and signed by the waste generator, used to track and substantiate the disposition of asbestos-containing waste material. Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday." 40:40:10.0.1.1.1.13.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.142 Standard for asbestos mills.,EPA,,,"[55 FR 48416, Nov. 20, 1990, as amended at 64 FR 7467, Feb. 12, 1999]","(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 § 61.152 to clean emissions containing particulate asbestos material before they escape to, or are vented to, the outside air. (b) Each owner or operator of an asbestos mill shall meet the following requirements: (1) Monitor each potential source of asbestos emissions from any part of the mill facility, including air cleaning devices, process equipment, and buildings that house equipment for material processing and handling, at least once each day, during daylight hours, for visible emissions to the outside air during periods of operation. The monitoring shall be by visual observation of at least 15 seconds duration per source of emissions. (2) Inspect each air cleaning device at least once each week for proper operation and for changes that signal the potential for malfunction, including, to the maximum extent possible without dismantling other than opening the device, the presence of tears, holes, and abrasions in filter bags and for dust deposits on the clean side of bags. For air cleaning devices that cannot be inspected on a weekly basis according to this paragraph, submit to the Administrator, and revise as necessary, a written maintenance plan to include, at a minimum, the following: (i) Maintenance schedule. (ii) Recordkeeping plan. (3) Maintain records of the results of visible emissions monitoring and air cleaning device inspections using a format similar to that shown in Figures 1 and 2 and include the following: (i) Date and time of each inspection. (ii) Presence or absence of visible emissions. (iii) Condition of fabric filters, including presence of any tears, holes, and abrasions. (iv) Presence of dust deposits on clean side of fabric filters. (v) Brief description of corrective actions taken, including date and time. (vi) Daily hours of operation for each air cleaning device. (4) Furnish upon request, and make available at the affected facility during normal business hours for inspection by the Administrator, all records required under this section. (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." 40:40:10.0.1.1.1.13.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.143 Standard for roadways.,EPA,,,"[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]","No person may construct or maintain a roadway with asbestos tailings or asbestos-containing waste material on that roadway, unless, for asbestos tailings. (a) It is a temporary roadway on an area of asbestos ore deposits (asbestos mine): or (b) It is a temporary roadway at an active asbestos mill site and is encapsulated with a resinous or bituminous binder. The encapsulated road surface must be maintained at a minimum frequency of once per year to prevent dust emissions; or (c) It is encapsulated in asphalt concrete meeting the specifications contained in section 401 of Standard Specifications for Construction of Roads and Bridges on Federal Highway Projects, FP-85, 1985, or their equivalent." 40:40:10.0.1.1.1.13.1.5,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.144 Standard for manufacturing.,EPA,,,"[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]","(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 § 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." 40:40:10.0.1.1.1.13.1.6,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.145 Standard for demolition and renovation.,EPA,,,"[55 FR 48419, Nov. 20, 1990; 56 FR 1669, Jan. 16, 1991]","(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 §§ 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 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 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: ( 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 § 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 § 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 § 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 § 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 °C (32 °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 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." 40:40:10.0.1.1.1.13.1.7,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.146 Standard for spraying.,EPA,,,"[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424, Nov. 20, 1990; 60 FR 31920, June 19, 1995]","The owner or operator of an operation in which asbestos-containing materials are spray applied shall comply with the following requirements: (a) For spray-on application on buildings, structures, pipes, and conduits, do not use material containing more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, except as provided in paragraph (c) of this section. (b) For spray-on application of materials that contain more than 1 percent asbestos as determined using the method specified in appendix E, subpart E, 40 CFR part 763, section 1, Polarized Light Microscopy, on equipment and machinery, except as provided in paragraph (c) of this section: (1) Notify the Administrator at least 20 days before beginning the spraying operation. Include the following information in the notice: (i) Name and address of owner or operator. (ii) Location of spraying operation. (iii) Procedures to be followed to meet the requirements of this paragraph. (2) Discharge no visible emissions to the outside air from spray-on application of the asbestos-containing material or use the methods specified by § 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 §§ 61.05(a), 61.07 and 61.09." 40:40:10.0.1.1.1.13.1.8,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.147 Standard for fabricating.,EPA,,,"[49 FR 13661, Apr. 5, 1984. Redesignated and amended at 55 FR 48424, Nov. 20, 1991; 64 FR 7467, Feb. 12, 1999]","(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 § 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. (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." 40:40:10.0.1.1.1.13.1.9,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,M,Subpart M—National Emission Standard for Asbestos,,§ 61.148 Standard for insulating materials.,EPA,,,"[55 FR 48424, Nov. 20, 1990]",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 § 61.146. 40:40:10.0.1.1.1.14.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,N,Subpart N—National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants,,§ 61.160 Applicability and designation of source.,EPA,,,,"(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 § 61.05(a)." 40:40:10.0.1.1.1.14.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,N,Subpart N—National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants,,§ 61.161 Definitions.,EPA,,,"[51 FR 28025, Aug. 4, 1986; 51 FR 35355, Oct. 3, 1986]","The terms used in this subpart are defined in the Clean Air Act, in § 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 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." 40:40:10.0.1.1.1.14.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,N,Subpart N—National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants,,§ 61.162 Emission limits.,EPA,,,"[51 FR 28025, Aug. 4, 1986, as amended at 65 FR 62157, Oct. 17, 2000]","(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 § 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 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." 40:40:10.0.1.1.1.14.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,N,Subpart N—National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants,,§ 61.163 Emission monitoring.,EPA,,,"[51 FR 28025, Aug. 4, 1986, as amended at 64 FR 7467, Feb. 12, 1999]","(a) An owner or operator of a glass melting furnace subject to the emission limit in § 61.162(a)(2) or § 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 § 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 § 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 § 61.162(a)(2) or § 61.162(b)(2). (e) The requirements of § 60.13(d) and § 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 § 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 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." 40:40:10.0.1.1.1.14.1.5,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,N,Subpart N—National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants,,§ 61.164 Test methods and procedures.,EPA,,,"[51 FR 28025, Aug. 4, 1986; 51 FR 35355, Oct. 3, 1986, as amended at 55 FR 22027, May 31, 1990; 65 FR 62157, Oct. 17, 2000; 79 FR 11275, Feb. 27, 2014]","(a) To demonstrate compliance with § 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 § 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 § 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 § 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: Where: T i = The theoretical uncontrolled arsenic emission factor for each glass type (i), g/kg (lb/ton). A bi = Fraction by weight of elemental arsenic in the fresh batch for each glass type (I). W bi = Weight of fresh batch melted per unit weight of glass produced for each glass type (i), g/kg (lb/ton). A ci = Fraction by weight of elemental arsenic in cullet for each glass type (i). W ci = Weight of cullet melted per unit weight of glass produced for each glass type (i), g/kg (lb/ton). B gi = Weight of elemental arsenic per unit weight of glass produced for each glass type (i), g/kg (lb/ton). Where: T i = The theoretical uncontrolled arsenic emission factor for each glass type (i), g/kg (lb/ton). A bi = Fraction by weight of elemental arsenic in the fresh batch for each glass type (I). W bi = Weight of fresh batch melted per unit weight of glass produced for each glass type (i), g/kg (lb/ton). A ci = Fraction by weight of elemental arsenic in cullet for each glass type (i). W ci = Weight of cullet melted per unit weight of glass produced for each glass type (i), g/kg (lb/ton). B gi = 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: Where: Y i = Theoretical uncontrolled arsenic emission estimate for the 12-month period for each glass type, Mg/year (ton/year). T i = 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). G i = 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). Where: Y i = Theoretical uncontrolled arsenic emission estimate for the 12-month period for each glass type, Mg/year (ton/year). T i = 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). G i = 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 Y i 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 § 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 § 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 § 61.162(b)(1) when 1.0 Mg (1.1 ton) per year or more of elemental arsenic is added to any new or modified glass melting furnace, an owner or operator shall: (1) Estimate the theoretical uncontrolled arsenic emissions for each glass type for the 12-month period by performing the calculations described in paragraphs (c)(1) and (c)(2) of this section. (2) Conduct emission testing to determine the actual uncontrolled arsenic emission rate during production of the arsenic-containing glass type with the highest theoretical uncontrolled arsenic emissions as calculated under paragraph (d)(1) of this section. The owner or operator shall use the following test methods and procedures: (i) Use Method 108 in appendix B to this part or Method 29 in appendix A to part 60 for determining the arsenic emission rate, g/hr (lb/hr). The emission rate shall equal the arithmetic mean of the results of three 60-minute test runs. (ii) Use the following methods in appendix A to 40 CFR part 60: (A) Method 1 for sample and velocity traverse. (B) Method 2 for velocity and volumetric flowrate. (C) Method 3 for gas analysis. (D) For sources equipped with positive pressure fabric filters, use Section 8.0 of Method 5D to determine a suitable sampling location and procedure. (3) Determine the actual uncontrolled arsenic emission factor (R a ) as follows: Where: R a = Actual uncontrolled arsenic emission factor, g/kg (lb/ton). E a = 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. Where: R a = Actual uncontrolled arsenic emission factor, g/kg (lb/ton). E a = 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 = R a ÷ T i Where: F = the correction factor. R a = Actual uncontrolled arsenic emission factor, determined in paragraph (d)(3) of this section, g/kg (lb/ton). T i = Theoretical uncontrolled arsenic emission factor, g/kg (lb/ton), determined in paragraph (c)(1) of this section for the same glass type for which R a was determined. Where: F = the correction factor. R a = Actual uncontrolled arsenic emission factor, determined in paragraph (d)(3) of this section, g/kg (lb/ton). T i = Theoretical uncontrolled arsenic emission factor, g/kg (lb/ton), determined in paragraph (c)(1) of this section for the same glass type for which R a was determined. (5) Determine the uncontrolled arsenic emission rate for the 12-month period, as follows: Where: U = Uncontrolled arsenic emission rate for the 12-month period, Mg/yr (ton/yr). T i = 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. G i = Quantity of each arsenic-containing glass type (i) produced during the 12-month period, kg/yr (ton/yr). n = Number of arsenic-containing glass types produced during the 12-month period. K = Conversion factor for unit consistency, 10 6 g/Mg (2,000 lb/ton). Where: U = Uncontrolled arsenic emission rate for the 12-month period, Mg/yr (ton/yr). T i = 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. G i = Quantity of each arsenic-containing glass type (i) produced during the 12-month period, kg/yr (ton/yr). n = Number of arsenic-containing glass types produced during the 12-month period. K = Conversion factor for unit consistency, 10 6 g/Mg (2,000 lb/ton). (6) If the value determined in paragraph (d)(5) of this section is less than the applicable limit in § 61.162(a)(1) or (b)(1), the source is in compliance. (e) To demonstrate compliance with § 61.162(a)(2) or (b)(2), an owner or operator shall: (1) Conduct emission testing to determine the percent reduction of inorganic arsenic emissions being achieved by the control device, using the following test methods and procedures: (i) Use Method 108 in appendix B to this part or Method 29 in appendix A to part 60 to determine the concentration of arsenic in the gas streams entering and exiting the control device. Conduct three 60-minute test runs, each consisting of simultaneous testing of the inlet and outlet gas streams. The gas streams shall contain all the gas exhausted from the glass melting furnace. (ii) Use the following methods in appendix A to 40 CFR part 60: (A) Method 1 for sample and velocity traverses. (B) Method 2 for velocity and volumetric flowrate. (C) Method 3 for gas analysis. (D) For sources equipped with positive pressure fabric filters, use Section 8.0 of Method 5D to determine a suitable sampling location and procedure. (2) Calculate the percent emission reduction for each run as follows: Where: D = the percent emission reduction. C b = the arsenic concentration of the stack gas entering the control device, as measured by Method 108 or Method 29. C a = the arsenic concentration of the stack gas exiting the control device, as measured by Method 108 or Method 29. Where: D = the percent emission reduction. C b = the arsenic concentration of the stack gas entering the control device, as measured by Method 108 or Method 29. C a = the arsenic concentration of the stack gas exiting the control device, as measured by Method 108 or Method 29. (3) Determine the average percent reduction of arsenic by calculating the arithmetic mean of the results for the three runs. If it is at least 85 percent, the source is in compliance." 40:40:10.0.1.1.1.14.1.6,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,N,Subpart N—National Emission Standard for Inorganic Arsenic Emissions From Glass Manufacturing Plants,,§ 61.165 Reporting and recordkeeping requirements.,EPA,,,"[51 FR 28025, Aug. 4, 1986, as amended at 65 FR 62158, Oct. 17, 2000]","(a) Each owner or operator of a source subject to the requirements of § 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 § 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 § 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 § 61.164(c)(1), (c)(2), and (c)(3); or in § 61.164(d)(5), whichever is applicable; and (2) Take into account changes in production rates, types of glass produced, and other factors that would affect the uncontrolled arsenic emission rate. (d) Each owner or operator of a source subject to the provisions of this subpart shall: (1) Provide the Administrator 30 days prior notice of any emission test required in § 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 § 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 § 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 § 61.162(a)(1) or (b)(1). (ii) The emission rate for the forthcoming 12-month period will exceed the applicable limit in § 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 § 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 § 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 § 61.163 shall: (1) Submit a written report to the Administrator of the results of the continuous monitoring system evaluation required under § 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 § 61.163(c)(3) or the opacity level redetermined under § 61.163(d). (3) Ensure that any semiannual report of excess opacity required by paragraph (f)(2) of this section is postmarked by the thirtieth day following the end of the 6-month period and includes the following information: (i) The magnitude of excess opacity, any conversion factor(s) used, and the date and time of commencement and completion of each occurrence of excess opacity. (ii) Specific identification of each occurrence of excess opacity that occurs during startups, shutdowns, and malfunctions of the source. (iii) The date and time identifying each period during which the continuous monitoring system was inoperative, except for zero and span checks, and the nature of the system repairs or adjustments." 40:40:10.0.1.1.1.15.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,O,Subpart O—National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters,,§ 61.170 Applicability and designation of source.,EPA,,,,"The provisions of this subpart are applicable to each copper converter at any new or existing primary copper smelter, except as noted in § 61.172(a)." 40:40:10.0.1.1.1.15.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,O,Subpart O—National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters,,§ 61.171 Definitions.,EPA,,,,"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." 40:40:10.0.1.1.1.15.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,O,Subpart O—National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters,,§ 61.172 Standard for new and existing sources.,EPA,,,"[51 FR 28029, Aug. 4, 1986, as amended at 65 FR 62158, Oct. 17, 2000]","(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 § 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. (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 § 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 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." 40:40:10.0.1.1.1.15.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,O,Subpart O—National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters,,§ 61.173 Compliance provisions.,EPA,,,,"(a) The owner or operator of each copper converter to which § 61.172(b)-(f) applies shall demonstrate compliance with the requirements of § 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 § 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 § 61.11. (2) The owner or operator of each new copper converter shall install a secondary hood system to meet the requirements of § 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 § 61.172(b)(1) on the effective date." 40:40:10.0.1.1.1.15.1.5,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,O,Subpart O—National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters,,§ 61.174 Test methods and procedures.,EPA,,,"[51 FR 28029, Aug. 4, 1986, as amended at 55 FR 22027, May 31, 1990; 65 FR 62158, Oct. 17, 2000]","(a) To determine compliance with § 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 § 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 § 60.172(b)(2)(ii)(B) for the equipment required in § 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 § 60.172(b)(2)(ii)(B) for the equipment required in § 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 § 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 § 61.172(a), the owner or operator shall determine the converter arsenic charging rate as follows: (1) Collect daily grab samples of copper matte and any lead matte charged to the copper converters. (2) Each calendar month, from the daily grab samples collected under paragraph (f)(1) of this section, put together a composite copper matte sample and a composite lead matte sample. Analyze the composite samples individually using Method 108A, 108B, or 108C to determine the weight percent of inorganic arsenic contained in each sample. (3) Calculate the converter arsenic charging rate once per month using the following equation: Where: R c is the converter arsenic charging rate, kg/hr (lb/hr). A c 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. A l 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. W ci is the total rate of copper matte charged to a copper converter during the month, kg (lb). W li is the total rate of lead matte charged to a copper converter during the month, kg (lb). H c 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. Where: R c is the converter arsenic charging rate, kg/hr (lb/hr). A c 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. A l 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. W ci is the total rate of copper matte charged to a copper converter during the month, kg (lb). W li is the total rate of lead matte charged to a copper converter during the month, kg (lb). H c 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 (R c ) 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 § 61.172(a)." 40:40:10.0.1.1.1.15.1.6,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,O,Subpart O—National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters,,§ 61.175 Monitoring requirements.,EPA,,,,"(a) Each owner or operator of a source that is subject to the emission limit specified in § 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 § 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 operating conditions subject to the Administrator's approval. This period shall include the time during which the emission test required by § 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 § 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 § 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 § 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." 40:40:10.0.1.1.1.15.1.7,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,O,Subpart O—National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters,,§ 61.176 Recordkeeping requirements.,EPA,,,,"(a) Each owner or operator subject to the requirements of § 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 § 61.172(b)(3). (b) Each owner or operator subject to the provisions of § 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 § 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 § 61.175(g); (ii) The actual flow rates; and (iii) A daily log of the start time and duration of each converter operating mode. (c) Each owner or operator subject to the provisions of this subpart shall maintain at the source for a period of at least 2 years and make available to the Administrator upon request the following records: (1) For each copper converter, a daily record of the amount of copper matte and lead matte charged to the copper converter and the total hours of operation. (2) For each copper converter department, a monthly record of the weight percent of arsenic contained in the copper matte and lead matte as determined under § 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 § 61.174(f)." 40:40:10.0.1.1.1.15.1.8,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,O,Subpart O—National Emission Standard for Inorganic Arsenic Emissions From Primary Copper Smelters,,§ 61.177 Reporting requirements.,EPA,,,,"(a) Each owner or operator subject to the provisions of § 61.172(c) shall: (1) Provide the Administrator 30 days prior notice of the emission test required in § 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 § 61.174(a) within 60 days after conducting the test. (b) Each owner or operator subject to the provisions of § 61.175(a) shall provide the Administrator at least 30 days prior notice of each reference opacity level determination required in § 61.175(c) to afford the Administrator the opportunity to have an observer present. (c) Each owner or opertor subject to the provisions of § 61.175(a) shall submit to the Administrator: (1) Within 60 days after conducting the evaluation required in § 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 § 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 § 61.175(c). (d) The owner or operator subject to the provisions of § 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 § 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. (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 § 61.174(f)(4). The annual report shall be postmarked by the 30th day following the end of each calendar year." 40:40:10.0.1.1.1.16.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,P,Subpart P—National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities,,§ 61.180 Applicability and designation of sources.,EPA,,,,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. 40:40:10.0.1.1.1.16.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,P,Subpart P—National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities,,§ 61.181 Definitions.,EPA,,,"[51 FR 28033, Aug. 4, 1986; 51 FR 35355, Oct. 3, 1986]","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." 40:40:10.0.1.1.1.16.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,P,Subpart P—National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities,,§ 61.182 Standard for new and existing sources.,EPA,,,,"(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 § 61.11. If a waiver of compliance is granted, the plan shall be submitted on a date set by the Administrator. Approval of the plan will be granted by the Administrator provided he finds that: (1) It achieves the following objectives in a manner that does not cause adverse impacts in other environmental media: (i) Clean-up and proper disposal, wet-down, or chemical stabilization to the extent practicable (considering access and safety) of any dry, dusty material having an inorganic arsenic content greater than 2 percent that accumulates on any surface within the plant boundaries outside of a dust-tight enclosure. (ii) Immediate clean-up and proper disposal, wet-down, or chemical stabilization of spills of all dry, dusty material having an inorganic arsenic content greater than 2 percent. (iii) Minimization of emissions of inorganic arsenic to the atmosphere during removal of inorganic arsenic from the arsenic kitchen and from flue pulling operations by properly handling, wetting down, or chemically stabilizing all dusts and materials handled in these operations. (2) It includes an inspection program that requires all process, conveying, and air pollution control equipment to be inspected at least once per shift to ensure that the equipment is being properly operated and maintained. The program will specify the evaluation criteria and will use a standardized checklist, which will be included as part of the plan required in paragraph (b) of this section, to document the inspection, maintenance, and housekeeping status of the equipment and that the objectives of paragraph (b)(1) of this section are being achieved. (3) It includes a systematic procedure for identifying malfunctions and for reporting them immediately to supervisory personnel. (4) It specifies the procedures that will be followed to ensure that equipment or process malfunctions due entirely or in part to poor maintenance or other preventable conditions do not occur. (5) It includes a program for curtailing all operations necessary to minimize any increase in emissions of inorganic arsenic to the atmosphere resulting from a malfunction. The program will describe: (i) The specific steps that will be taken to curtail each operation as soon as technically feasible after the malfunction is discovered. (ii) The minimum time required to curtail each operation. (iii) The procedures that will be used to ensure that the curtailment continues until after the malfunction is corrected. (c) The owner or operator shall implement the plan required in paragraph (b) of this section until otherwise specified by the Administrator. (d) At all times, including periods of startup, shutdown, and malfunction, the owner or operator of each source to which this subpart applies shall operate and maintain the source including associated air pollution control equipment in a manner consistent with good air pollution control practice for minimizing emissions of inorganic arsenic to the atmosphere to the maximum extent practicable. Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Administrator, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures, inspection of the source, and review of other records." 40:40:10.0.1.1.1.16.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,P,Subpart P—National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities,,§ 61.183 Emission monitoring.,EPA,,,,"(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 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 § 60.13(d) of 40 CFR part 60. (3) Except for system breakdowns, repairs, calibration checks, and zero and span adjustments required under § 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." 40:40:10.0.1.1.1.16.1.5,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,P,Subpart P—National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities,,§ 61.184 Ambient air monitoring for inorganic arsenic.,EPA,,,,"(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." 40:40:10.0.1.1.1.16.1.6,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,P,Subpart P—National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities,,§ 61.185 Recordkeeping requirements.,EPA,,,,"(a) Each owner or operator of a source subject to the provisions of this subpart shall maintain at the source for a period of at least 2 years the following records: All measurements, including continuous monitoring for measurement of opacity; all continuous monitoring system performance evaluations, including calibration checks and adjustments; all periods during which the continuous monitoring system or monitoring device is inoperative; and all maintenance and repairs made to the continuous monitoring system or monitoring device. (b) Each owner or operator shall maintain at the source for a period of at least 2 years a log for each plant department in which the operating status of process, conveying, and emission control equipment is described for each shift. For malfunctions and upsets, the following information shall be recorded in the log: (1) The time of discovery. (2) A description of the malfunction or upset. (3) The time corrective action was initiated. (4) A description of corrective action taken. (5) The time corrective action was completed. (6) A description of steps taken to reduce emissions of inorganic arsenic to the atmosphere between the time of discovery and the time corrective action was taken. (c) Each owner or operator subject to the provisions of this subpart shall maintain for a period of a least 2 years records of 6-minute average opacity levels for each separate control device. (d) Each owner or operator subject to the provisions of § 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." 40:40:10.0.1.1.1.16.1.7,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,P,Subpart P—National Emission Standard for Inorganic Arsenic Emissions From Arsenic Trioxide and Metallic Arsenic Production Facilities,,§ 61.186 Reporting requirements.,EPA,,,,"(a) Each owner or operator subject to the provisions of § 61.183(a) shall provide the Administrator at least 30 days prior notice of each reference opacity level determination required in § 61.183(a) to afford the Administrator the opportunity to have an observer present. (b) Each owner or operator subject to the provisions of § 61.183(a) shall submit to the Administrator: (1) Within 60 days of conducting the evaluation required in § 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 § 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 § 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 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 § 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." 40:40:10.0.1.1.1.17.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,Q,Subpart Q—National Emission Standards for Radon Emissions From Department of Energy Facilities,,§ 61.190 Designation of facilities.,EPA,,,,"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." 40:40:10.0.1.1.1.17.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,Q,Subpart Q—National Emission Standards for Radon Emissions From Department of Energy Facilities,,§ 61.191 Definitions.,EPA,,,,"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." 40:40:10.0.1.1.1.17.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,Q,Subpart Q—National Emission Standards for Radon Emissions From Department of Energy Facilities,,§ 61.192 Standard.,EPA,,,"[54 FR 51701, Dec. 15, 1989, as amended at 65 FR 62158, Oct. 17, 2000]","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." 40:40:10.0.1.1.1.17.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,Q,Subpart Q—National Emission Standards for Radon Emissions From Department of Energy Facilities,,§ 61.193 Exemption from the reporting and testing requirements of 40 CFR 61.10.,EPA,,,,All facilities designated under this subpart are exempt from the reporting requirements of 40 CFR 61.10. 40:40:10.0.1.1.1.18.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.200 Designation of facilities.,EPA,,,,"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." 40:40:10.0.1.1.1.18.1.10,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.209 Required records.,EPA,,,,"(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 § 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 § 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 § 61.205 or § 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." 40:40:10.0.1.1.1.18.1.11,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.210 Exemption from the reporting and testing requirements of 40 CFR 61.10.,EPA,,,,All facilities designated under this subpart are exempt from the reporting requirements of 40 CFR 61.10. 40:40:10.0.1.1.1.18.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.201 Definitions.,EPA,,,,"As used in this subpart, all terms not defined here have the meaning given them in the Clean Air Act or subpart A of part 61. The following terms shall have the following specific meanings: (a) Inactive stack means a stack to which no further routine additions of phosphogypsum will be made and which is no longer used for water management associated with the production of phosphogypsum. If a stack has not been used for either purpose for two years, it is presumed to be inactive. (b) Phosphogypsum is the solid waste byproduct which results from the process of wet acid phosphorus production. (c) Phosphogypsum stacks or stacks are piles of waste resulting from wet acid phosphorus production, including phosphate mines or other sites that are used for the disposal of phosphogypsum." 40:40:10.0.1.1.1.18.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.202 Standard.,EPA,,,"[57 FR 23317, June 3, 1992, as amended at 65 FR 62158, Oct. 17, 2000]","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." 40:40:10.0.1.1.1.18.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.203 Radon monitoring and compliance procedures.,EPA,,,,"(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 § 61.203(b) shall be submitted within ninety days after completion of the final measurements. (d) If at any point an owner or operator of a stack once again uses an inactive stack for the disposal of phosphogypsum or for water management, the stack ceases to be in inactive status and the owner or operator must notify EPA in writing within 45 days. When the owner or operator ceases to use the stack for disposal of phosphogypsum or water management, the stack will once again become inactive and the owner or operator must satisfy again all testing and reporting requirements for inactive stacks. (e) If an owner or operator removes phosphogypsum from an inactive stack, the owner shall test the stack in accordance with the procedures described in 40 CFR part 61, appendix B, Method 115. The stack shall be tested within ninety days of the date that the owner or operator first removes phosphogypsum from the stack, and the test shall be repeated at least once during each calendar year that the owner or operator removes additional phosphogypsum from the stack. EPA shall be notified at least 30 days prior to an emissions test so that EPA may, at its option, observe the test. If meteorological conditions are such that a test cannot be properly conducted, then the owner shall notify EPA and test as soon as conditions permit. Within ninety days after completion of a test, the owner or operator shall provide EPA with a report detailing the actions taken and the results of the radon-222 flux testing. Each such report shall include all of the information specified by § 61.203(b)." 40:40:10.0.1.1.1.18.1.5,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.204 Distribution and use of phosphogypsum for outdoor agricultural purposes.,EPA,,,"[57 FR 23317, June 3, 1992, as amended at 64 FR 5579, Feb. 3, 1999; 65 FR 62158, Oct. 17, 2000]","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 § 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 § 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 § 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 § 61.208(b). (e) Use of phosphogypsum for indoor research and development in a laboratory must comply with § 61.205." 40:40:10.0.1.1.1.18.1.6,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.205 Distribution and use of phosphogypsum for indoor research and development.,EPA,,,"[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]","(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 § 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 § 61.208. (2) No facility shall purchase or possess more than 3182 kg (7,000 lb) of phosphogypsum for a particular indoor research and development activity. The total quantity of all phosphogypsum at a facility, as determined by summing the individual quantities purchased or possessed for each individual research and development activity conducted by that facility, may exceed 3182 kg (7,000 lb), provided that no single room in which research and development activities are conducted shall contain more than 3182 kg (7,000 lb). (3) Containers of phosphogypsum used in indoor research and development activities shall be labeled with the following warning: Caution: Phosphogypsum Contains Elevated Levels of Naturally Occurring Radioactivity. (4) For each indoor research and development activity in which phosphogypsum is used, the facility shall maintain records which conform to the requirements of § 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 § 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." 40:40:10.0.1.1.1.18.1.7,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.206 Distribution and use of phosphogypsum for other purposes.,EPA,,,,"(a) Phosphogypsum may not be lawfully removed from a stack and distributed or used for any purpose not expressly specified in § 61.204 or § 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 § 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 § 61.208. (3) The end-user of the phosphogypsum shall maintain records which conform to the requirements of § 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 § 61.209(c)." 40:40:10.0.1.1.1.18.1.8,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.207 Radium-226 sampling and measurement procedures.,EPA,,,"[64 FR 5579, Feb. 3, 1999]","(a) Before removing phosphogypsum from a stack for distribution in commerce pursuant to § 61.204, or § 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 n 1 represent the number of samples taken. (2) Measure the radium-226 concentration of each of the n 1 samples in accordance with the analytical procedures described in 40 CFR part 61, appendix B, Method 114. (3) Calculate the mean, x 1 , and the standard deviation, s 1 , of the n 1 radium-226 concentrations: Where x 1 and s 1 are expressed in pCi/g. Where x 1 and s 1 are expressed in pCi/g. (4) Calculate the 95th percentile for the distribution, x *, using the following equation: Where x * is expressed in pCi/g. Where x * is expressed in pCi/g. (5) If the purpose for removing phosphogypsum from a stack is for distribution to commerce pursuant to § 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 § 61.204, the additional sampling procedures set forth in paragraphs (b) and (c) of this section shall apply. (b) Based on the values for x 1 and x * calculated in paragraphs paragraphs (a)(3) and (4) of this section, determine which of the following conditions will be met: (1) If x 1 <10 pCi/g and x * ≤10 pCi/g; phosphogypsum may be removed from this area of the stack for distribution in commerce pursuant to § 61.204. (2) If x 1 , <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 x 1 ≥10 pCi/g; phosphogypsum shall not be removed from this area of the stack for distribution in commerce pursuant to § 61.204. (c) If the owner or operator elects to conduct further sampling to determine if phosphogypsum can be removed from this area of the stack, the following procedure shall apply. The objective of the following procedure is to demonstrate, with a 95% probability, that the phosphogypsum from this area of the stack has a radium-226 concentration no greater than 10 pCi/g. The procedure is iterative, the sample size may have to be increased more than one time; otherwise the phosphogypsum cannot be removed from this area of the stack for distribution to commerce pursuant to § 61.204. (1)(i) Solve the following equation for the total number of samples required: (ii) The sample size n 2 shall be rounded upwards to the next whole number. The number of additional samples needed is n A = n 2 − n 1 . (2) Obtain the necessary number of additional samples, n A , 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 n A 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 n 2 radium-226 concentrations by joining this set of n A concentrations with the n 1 concentrations previously measured. Use the formulas in paragraph (a)(3) of this section, substituting the entire set of n 2 samples in place of the n 1 samples called for in paragraph (a)(3) of this section, thereby determining the mean, x 2 , and standard deviation, s 2 , for the entire set of n 2 concentrations. (5) Repeat the procedure described in paragraph (a)(4) of this section, substituting the recalculated mean, x 2 , for x 1 , the recalculated standard deviation, s 2 , for s 1 , and total sample size, n 2 , for n 1 . (6) Repeat the procedure described in paragraph (b) of this section, substituting the recalculated mean, x 2 for x 1 ." 40:40:10.0.1.1.1.18.1.9,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,R,Subpart R—National Emission Standards for Radon Emissions From Phosphogypsum Stacks,,§ 61.208 Certification requirements.,EPA,,,"[57 FR 23317, June 3, 1992, as amended at 65 FR 62158, Oct. 17, 2000]","(a)(1) The owner or operator of a stack from which phosphogypsum will be removed and distributed in commerce pursuant to § 61.204, § 61.205, or § 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 § 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. (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." 40:40:10.0.1.1.1.2.1.1,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,B,Subpart B—National Emission Standards for Radon Emissions From Underground Uranium Mines,,§ 61.20 Designation of facilities.,EPA,,,"[54 FR 51694, Dec. 15, 1989, as amended at 65 FR 62151, Oct. 17, 2000]","The provisions of this subpart are applicable to the owner or operator of an active underground uranium mine which: (a) Has mined, will mine or is designed to mine over 90,720 megagrams (Mg) (100,000 tons) of ore during the life of the mine; or (b) Has had or will have an annual ore production rate greater than 9,072 Mg (10,000 tons), unless it can be demonstrated to EPA that the mine will not exceed total ore production of 90,720 Mg (100,000 tons) during the life of the mine." 40:40:10.0.1.1.1.2.1.2,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,B,Subpart B—National Emission Standards for Radon Emissions From Underground Uranium Mines,,§ 61.21 Definitions.,EPA,,,"[54 FR 51694, Dec. 15, 1989, as amended at 65 FR 62151, Oct. 17, 2000]","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." 40:40:10.0.1.1.1.2.1.3,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,B,Subpart B—National Emission Standards for Radon Emissions From Underground Uranium Mines,,§ 61.22 Standard.,EPA,,,,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. 40:40:10.0.1.1.1.2.1.4,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,B,Subpart B—National Emission Standards for Radon Emissions From Underground Uranium Mines,,§ 61.23 Determining compliance.,EPA,,,"[54 FR 51694, Dec. 15, 1989, as amended at 65 FR 62151, Oct. 17, 2000]","(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." 40:40:10.0.1.1.1.2.1.5,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,B,Subpart B—National Emission Standards for Radon Emissions From Underground Uranium Mines,,§ 61.24 Annual reporting requirements.,EPA,,,"[54 FR 51694, Dec. 15, 1989, as amended at 65 FR 62151, Oct. 17, 2000]","(a) The mine owner or operator shall annually calculate and report the results of the compliance calculations in § 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 § 61.23. (4) A list of the stacks or vents or other points where radioactive materials are released to the atmosphere, including their location, diameter, flow rate, effluent temperature and release height. (5) A description of the effluent controls that are used on each stack, vent, or other release point and the effluent controls used inside the mine, and an estimate of the efficiency of each control method or device. (6) Distances from the points of release to the nearest residence, school, business or office and the nearest farms producing vegetables, milk, and meat. (7) The values used for all other user-supplied input parameters for the computer models (e.g., meteorological data) and the source of these data. (8) Each report shall be signed and dated by a corporate officer in charge of the facility and contain the following declaration immediately above the signature line: “I certify under penalty of law that I have personally examined and am familiar with the information submitted herein and based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the submitted information is true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possibility of fine and imprisonment. See, 18 U.S.C. 1001.” (b) lf the facility is not in compliance with the emission standard of § 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." 40:40:10.0.1.1.1.2.1.6,40,Protection of Environment,I,C,61,PART 61—NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS,B,Subpart B—National Emission Standards for Radon Emissions From Underground Uranium Mines,,§ 61.25 Recordkeeping requirements.,EPA,,,,"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."