cfr_sections
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215 rows where part_number = 61 and title_number = 40 sorted by section_id
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| 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 |
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| 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 … | |||
| 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 instal… | |||
| 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 pur… | |||
| 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 o… | |||
| 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 … | |||
| 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 m… | |||
| 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,… | |||
| 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… | |||
| 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 = pic… | |||
| 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… | |||
| 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 calci… | |||
| 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 … | |||
| 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 perce… | |||
| 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 p… | |||
| 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… | ||||
| 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 Admini… | |||
| 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 fo… | ||||
| 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… | |||
| 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 … | |||
| 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 … | |||
| 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-c… | |||
| 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: … | |||
| 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 r… | |||
| 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 Micr… | |||
| 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 … | |||
| 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 de… | |||
| 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 pa… | |||
| 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) Recordkeep… | |||
| 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. M… | |||
| 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 a… | |||
| 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 pro… | |||
| 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 provis… | |||
| 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 prod… | ||||
| 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) Th… | |||
| 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… | |||
| 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 … | ||||
| 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 p… | ||||
| 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 perc… | ||||
| 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 o… | ||||
| 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 … | ||||
| 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 adjus… | ||||
| 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… | ||||
| 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 i… | ||||
| 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). (… | |||
| 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… | ||||
| 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 di… | |||
| 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… | |||
| 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 §… | |||
| 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. |
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