Document 4J4M3VDm2rq1045YZma340Yx

40 Protection of Environment Revised as of July l, 19/3 CONTAINING A CODiriCATION OF DOCUMENTS OF GENERAL APPLICABILITY AND FUTURE EFFECT AS OF JULY 1, 1973 With Ancillaries Published by the Office of the Federal Register National Archives end Records Service General Services Administration as a Special Edition of the Federal Register le the actual opacity ilified observers must months In order to erage opacity. 1 District Rules and a County Air Polluhapter 2, Schedule S. a. Rule 50. 17 p. ilmann Smoke Chart, rior. Bureau or Mines' . 8333, May 1907. 1 pproval of couatruc- ation. dnistrator. irtup. and waiver request, ance. d monitoring. n tests. .nalytical methods, formation. Chapter I--Environmental Protection Agency ' 61.02 Subpart B--National Emission Standard for Asbestos Sec. 61.20 Applicability. 61.21 DtsAiiitionc. 61.22 Emission standard. 61.23 Air cleaning. 61.24 Reporting. Subpart C--National Emission Standard for Beryllium 61.30 61.31 61.32 61.33 61.34 Applicability. Definitions. Emission standard. Stack. sampling. Air sampling. Subpart D--National Emission Standard for Beryllium Rocket Motor Firing 61.40 01.41 61.42 61.43 61.44 Applicability. Definitions Emission standard, Emission testing--rocket firing or pro pellant disposal. Stack sampling. Subpart E--National Emission Standard for Mercury 61.50 Applicability. 61.51 Definitions. 61.52 Emission standard. 61.bli Slucli. sampling. Appendix A--Compliance Status Information. Appendix B--Test Methods. Method. 101---Reference method for determi nation of particulate and gaseous mercury emissions from stationary sources (air streams). Method 102--Reference method for determi nation. of particulate and gaseous mercury emissions from stationary sources (hydro gen streams). Method 103--Beryllium screening method. Method 104--Reference method for determi nation of beryllium emissions from sta tionary sources. AirrHOfU-rr; 42 TJ.S.C, l857c-7. Source: 38 PR 3826, Apr. 6, 1973, unless otherwise noted. Subpart A--General Provisions 61.01 Applicability. The provisions of this part apply to the owner or operator of any stationary source for which a standard is prescribed under tnis pa, t. 61.02 Definitions. As used in this part, all terms not de fined herein shall have the meaning given them in the act: (a) "Act" means the Clean Air Act (42 U.S.C. 1857 et seq.). (b) "Administrator" means the Ad ministrator of the Environmental Pro tection Agency or his authorized repre sentative. (c) "Alternative method" means any method of sampling and analyzing for an air pollutant which does not meet all of the criteria for equivalency but which has been demonatrated to the Administra tor's satisfaction to, in specific cases, pro duce results adequate for his determina tion of compliance. (d) "Commenced" means that an own er or operator has undertaken a con tinuous program of construction or modification or that an owner or operator has entered into a contractual obligation, to undertake and complete, within a rea sonable time, a continuous program of construction or modification. (e) ``Compliance schedule" means the date or dates by which a source or cate gory Of sources is required to comply with the standards of this part and with any steps toward such compliance which are set forth in a waiver of compliance under 5 61.11. (f) "Construction" means fabrication, erection, or installation of a stationary source. (g) "Effective date" is the date of promulgation in the Federal Register of an applicable standard or other regu lation under this part. (h) "Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demon strated to the Administrator's satisfac tion to have a consistent and quantita tively known relationship to the reference method, under specified conditions. (i) "Existing source" means any sta tionary source which is not a new source. (j) "Modification" means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any hazardous air pollutant emitted by such source or which results in the emission of any hazardous air pollutant not previously emitted, except that: (1) Routine maintenance, repair, and replacement shall not be considered physical changes, and (a> The following shall not be con sidered a change in the method or operation: _ (i) An increase in the production rate, if such increase does not exceed the op erating design capacity of the stationary source; (ii) An increase in hours of operation. (k) "New source" means any stationary source, the construction or modification of which is commenced after the publi cation in the Federal Register of pro^ 495 I 61.03 Title 40--Protection of Environment posed national emission, standards for hazardouc air pollutants which will he applicable to such source. (l) ``Owner or operator" means any person who owns, leases, operates, con trols, or supervises a stationary source. (m) "Reference method" means any method of sampling and analyzing for an air pollutant, as described in ap pendix B to this part. (n) "Startup" means the setting in operation of a stationary source for any purpose. (o) "Standard" means a national emission standard for a hazardous air pollutant proposed or promulgated under this part. (p) "Stationary source" means any building, structure, facility, or installa tion which emits or may emit any air pollutant which has been designated as hazardous by the Administrator. 61.03 Abbreviations. The abbreviations used in this Dart have the following meanings: C--Degrees Centigrade, cfm--Cubic feet per minute, ft---Square feet. ft"--Cubic feet. "F--Degrees Fahrenheit, in--Inch. 1--Liter, ml--Milliliter. M--Molar. m3--Cubic meter, nm--Nanometer, oz--Ounces. v/v--Volume per volume. yd3--Square yards, w.g.--Water gage. inHg--Inches of mercury. inH:0--Inches of water, g--Grams, mg--Milligrams. N--Normal. R--Degree Ranklne. min--Minute sec--Second, avg--Average. I.D.--Inside diameter. O.D.--Outside diameter. jj-S--Micrograms (10^ gram). %--Percent. Hg--Mercury. Be--Beryllium. 61.04 Address. All requests, reports, applications, sub mittals, and other communications to the Administrator pursuant to this part shall he submitted III duplicate and ad dressed to the appropriate regional office of the Environmental Protection Agency, to the attention of the Director, Enforce ment Division. The regional offices are as follows: Region I (Connecticut, Maine, Massa chusetts, New Hampshire, Rhode Island, Vermont), John F. Kennedy Federal Building, Boston, Mass. 02203. Region II (New York, New Jersey, Puerto Rico, Virgin Islands), Federal Office Building, 26 Federal Plaza (Foley Square), New York, N.Y. 10007. Region HI (Delaware, District of Co lumbia, Pennsylvania, Maryland, Vir ginia, West Virginia), Curtis Building. Sixth and Walnut Streets, Philadelphia, Pa. 19106. Region IV (Alabama, Florida, Georgia, Mississippi, Kentucky, North Carolina, South Carolina, Tennessee), Suite 300, 1421 Peachtree Street, Atlanta, Ga. 30309. Region V (Illinois, Indiana, Minne sota, Michigan, Ohio, Wisconsin), 1 North Wacker Drive, Chicago, in. 60606. Region VI (Arkansas, Louisiana, New Mexico, Oklahoma, Texas), 1600 Pater son Street, Dallas, Toy 75201. Region VII (Iowa, Kansas, Missouri, Nebraska), 1735 Baltimore Street, Kan sas City, Mo. 64108. Region VIH (Colorado, Montana, North Dakota, South Dakota, Utah, Wy oming) , 916 Lincoln Towers, 1860 Lin coln Street, Denver, Colo. 80203. Region IX (Arizona, California, Hawaii, Nevada, Guam, American Samoa), 100 California Street, San Francisco, Calif. 94111. Region X (Washington, Oregon, Idaho, Alaska), 1200 Sixth Avenue, Seattle, Wash. 98101. 61.05 Prohibited activities. (a) Alter the effective date of any standard prescribed under this part, no owner or operator 3hall construct or mod ify any stationary source subject to such standard without first obtaining written approval of the Administrator in accord ance 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 publica tion date of the standards proposed to be applicable to such source, are subject to this prohibition. (b) After the effective date of any standard prescribed under this part, no owner or c source in cppt. unde President act. (c> Nin of any s: part, no c any exist tion of s waiver gz accordan an exem under se; (d) N. the prov report, r test resu 61.06 or r Upon or opera a detern or inter, or oper mudific: thereof The Ac of rece evaluat or oper 61.07 CO (a) 7 source under to the modifL within in the has cc cation mit to for a_modif03 sut (b) (1) plicae (2) of the (3) the P'- ing d-. a tion tion contr form- emiss perm calcu ional office on Agency, t\ Enforce. Bees are as ne, Massaocie Island, ly Federal 3. ew Jersey, ), Federal aza (Foley )07. riet of Co land, Vir- Building, liladelphia, a, Georgia, i Carolina, Suite 300, anta, Ga. ia, MinneViseonsin), lioago, m. siana, New 600 PaterI. , Missouri, xeet, Kan- Montana, Utah, Wy1860 Lin203. California, American ;reet, San gon, Idaho, e, Seattle, it-e of any is part, no let or modec t to such. ing written in accordt under an President the act. lodiflcation te publicairoposed to are subject ite of any is part, no Chapter I--Environmental Protection Agency 61.0? owner or operator shall operate any new source in violation of such standard ex cept under an exemption granted by the rrccident under section 112(c) (2) of the act. (c) Ninety days after the effective date of any standard prescribed under this part, no owner or operator shall operate any existing stationary source In viola tion of such standard, except under a waiver granted by the Administrator in accordance with this subpart 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. 61.06 Determination of construction or modification. Upon written application by an owner or operator, the Administrator will make a determination of whether actions taken or intended to be taken by such owner or operator constitute construction or modification or the commencement thereof within the meaning of this part. The Administrator will within 30 days of receipt of sufficient information to evaluate an application, notify the owner or operator of his determination. 61.07 Application for approval of construction or modification. (a) The owner or operator of any new source to which a standard prescribed under this part is applicable shall, prior to the date on which construction or modification is planned to commence, or within 30 days after the effective date in the case of a new source that already has commenced construction or modifi cation and has not begun operation, sub mit to the Administrator an application for approval of such construction or modification. A separate application shall be submitted for each stationary source, (b) Each application shall include: (1) The name and address of the ap plicant. (2) The location or proposed location of the source. (3) Technical information describing the proposed nature, size, design, operat ing design capacity, and methnd of oper ation of the source, including a descrip tion of any equipment to be used for control of emissions. Such technical in formation shall include calculations of emission estimates in sufficient detail to permit assessment of the validity of such calculations. 61.08 Approval by Administrator. (a) The Administrator will, within 60 days of receipt of sufficient information to evaluate an application under 61.07, notify the owner or operator of approval or intention to deny approval of con struction or modification. (b) If the Administrator determines that a stationary source for which an application pursuant to 61.U7 was sub mitted will, if properly operated, not cause emissions in violation of a stand ard, he will approve the construction or modification of such source. (c) Prior to denying any application for approval of construction or modifica tion pursuant to this section, the Admin istrator will notify the owner or operator making such application of the Admin istrator's intention to issue such denial, together with: (1) Notice of the information and findings on which such intended denial is based, and (2) Notice of opportunity for such owner or operator to present, within such time limit as the Administrator shall speciiy, additional information or argu ments to the Administrator prior to final action on such application. (d) A final determination to deny any application for approval will be in writ ing and will set forth the specific grounds on which such denial is based. Such final determination will be made within 60 days of presentation of additional infor mation or arguments, or 60 days after the final date specified for presentation, if no presentation is made. <e) Neither the submission of an ap plication for approval nor the Admin istrator's granting of approval to con struct or modify shall: (1) Relieve an owner or operator of legal responsibility for compliance with any applicable provision 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, 61.09 Notification of startup. (a) Any owner or operator of a source which has an initial startup after the effective date of a standard prescribed under this part shall furnish the Admin istrator 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 prior to such date. 497  61.10 Title 40--Protection of Environment (2)A notification of the actual date Of initial startup Of the source within 15 days after such date. 61.10 Source reporting and waiver re quest. (a) The owner or operator or any existing source, or any new source to which a standard prescribed under this part is applicable which had an initial startup which preceded the effective date of a standard prescribed under this part shall, within 90 days after the effective date, provide the following information in writing to the Administrator: (11 Name ana 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 op erating design capacity of such source. Identify each point of omission for pac.h 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 ihe report. (S) A description of the existing con trol equipment for each emission point. (i) Primary control device(s) for each hazardous pollutant. (ii) Secondary control device(s) for each hazardous pollutant. (iii) Estimated control efficiency (per cent) for each control device. (7) A statement by the owner or oper ator of the source as to whether he can comply with the standards prescribed in this part within 90 days of the effective date. (b) The owner or operator of an exist ing source unable to operate in compli ance with any standard prescribed under this part may request a waiver of com pliance with such standard for a period not exceeding 2 years from 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. Such list shall include as a minimum the following dates: (i) Date by which contracts for emis sion control systems or process modifica tions will be awarded, or date by which orders will be issued for the purchase of component parts to accomplish emis sion control or process modification: (ii) Date of initiation of onsite con struction or installation of emission con trol equipment or process change; (iii) Date by which onsite construc tion or installation of emission control equipment or process modification is to be completed; and (iv) Date by which final compliance is to be achieved. (3) A description of interim emission control steps which will be taken during the waiver period. (c) Changes in the information pro vided under paragraph (a) of this section shall be provided to the Administrator within 30 days after such change, except that if changes will result from modifica tion of the source, as defined in 61.02 (j), the provisions of 61.07 and 61.08 are applicable. (d) The format for reporting under this section is included as appendix A of this part. Advice on reporting the status of compliance may be obtained from the Administrator. 61.11 Waiver of compliance. (a) Based on the information provided in any request under 61.10, or other in formation, the Administrator may grant a waiver of compliance with a standard for a period not exceeding 2 years from the effective date of such standard. (b) Such waiver will be in wilting and will: (1) Identify the stationary source co vered. (2) Specify the termination date uf the waiver. The waiver may be termi nated at an earlier date if the conditions specified under paragraph (b> (3) of this section are not met. (3) Specify dates by which steps to ward compliance are to be taken; and impose such additional conditions as the Administrator determines to be neces sary to assure Installation of the ncccesary controls within the waiver period, and to assure protection, of the health of persons during the waiver period. (c) Prior to denying any request for a waiver pursuant to tnis section, the Administrator will notify the owner or operator making such request of the Ad ministrator's intention to issue such denial, together with: (1) Notice of the information and findings on which such intended denial is based, and 4:98 owr sue spe me: act rec an wh deda fo: th ta th m o. s': ft F 1 emiston; :e conin con- istrue control n is to ance is nission during n pro jection strator except dificaI 61.02 61.08 under x A of status im the cvided ter in grant ndard ; from ig and source ite of ;ermilitions if this 3S to ; and as the 1CCC3- leceseriod, lealth i. 5t for i, the :er or e Adsuch and lenial Chapter I--Environmental Protection Agency 61.16 (2) Notice of opportunity for such owner or operator to present, within such time limit as the Administrator specifies, additional information or argu ments to the Administrator prior to final action on such reauest. (d) A final determination to deny any request for a waiver will be in writing and will set forth the specific grounds on which such denial is based. Such final determination will be made within 60 days after presentation of additional in formation or arguments, or 60 days after the final date specified for such presen tation, if no presentation is made. (e) The granting of a waiver under this section shall not abrogate the Ad ministrator's authority under section 114 of the act. 61.12 Emission tests and monitoring. (a) Emission tests and monitoring shall be conducted and reported as set forth in this part and appendix B to this part. (b) The owner or operator of a new source subject to this part, and at the request of the Administrator, the owner or operator of an existing source sub ject to this part, Shan provide or cause to be provided, emission testing facili ties as follows: (13 Sampling ports adequate for test methods applicable to such source. (2) Safe sampling platform(s). (3) Safe access to sampling plat form (s). (4) Utilities for sampling and testing equipment. 61.13 Waiver of emission tests. (a) Emission tests may be waived upon written application to the Admin istrator if, in his judgment, the source is meeting the standard, or if the source is operating under a waiver of compliance or has requested a waiver of compliance. (b) 11 application fui waiver of the emission test is made, such application shall accompany the information re quired by 61.10, The appropriate form is contained in appendix A to this part. (c) Approval of any waiver granted pursuant to this section shall not abro gate the Administrator's authority under the act or in any way prohibit the Ad ministrator from later canceling such waiver. Such cancellation will be made only after notice is given to the owner nr operator of the source. 61.14 Source test and analytical meth ods. (a) Methods 101, 102, and 104 in ap pendix B to this part shall be used for all source tests required under this part, unless an equivalent method or an al ternative method has been approved by the Administrator. (b) Method 103 in appendix B to this part is hereby approved by the Admin istrator as an alternative method for sources subject to 61.32(a) and 61.42 (b). (c) The Administrator may, after no tice to the owner or operator, withdraw approval Of an alternative method granted under paragraph (a) or (b) of this section. Where the test results using an alternative method do not adequately indicate whether a source is in compli ance with a standard, the Administrator may require the use of the reference method or its equivalent. 6 61.15 Availability of information. (a) Emission data provided to, or oth erwise obtained by, the Administrator in accordance with the provisions of this part shall be available to the public. (b) Any records, reports, or informa tion, other than emission data, provided to, or otherwise obtained by, the Admin istrator in accordance with the provisions of this part shall be available to the pub lic, except that upon a showing satisfac tory to the Administrator by any person that such records, reports, or informa tion, or particular part thereof (other than emission data), if made public, would divulge methods or processes en titled to protection as trade secrets of such person, the Administrator will con sider such records, reports, or informa tion. or particular part thereof, confi dential in accordance with the purposes of section 1905 of title 18 of the United States Code, except that such records, re ports, or inrorma,liuii, or particular part thereof, may be disclosed to other officers, employees, or authorized representatives of the United States concerned with car rying out the provisions of the act or when relevant in any proceeding under the act. 61.16 State authority. (a) The provisions of this part shall not be construed in any manner to pre clude any State or political subdivision thereof from: 499 61.20 Title 40--Protection of Environment (1) Adopting- and enforcing any emis sion limiting regulation applicable to a stationary source, provided that such emission limiting regulation is not less stringent than the standards prescribed under this part. (2) Requiring the owner or operator of a stationary source, other than a sta tionary source owned or operated by the United States, to obtain permits, licenses, or approvals prior to initiating construc tion, modification, or operation of such source. Subpart B--National Emission Standard for Asbestos 61.20 Applicability. The provisions of this subpart are ap plicable to those sources specified in 61.22. 61,21 Definitions. Terms used in this subpart are defined in the act, in subpart A of this part, or in this section as follows: (a) "Asbestos" means actinolite, amosite, anthophyllite, chrysotile, croeidolite, tremolite. (b) "Asbestos material" means as bestos or any material containing as bestos. (c) "Particulate asbestos material" means finely divided particles of asbestos material. (d) "Asbestos tailings" means any solid waste product of asbestos mining or milling operations which contains as bestos. tel "Outside air" means the air out side buildings and structures. Cf) ``Visible emissions" means any emissions which are visually detectable without the aid of instruments and which contain particulate asbestos material. 61.22 Emission standard. (a) Asbestos mills: There shall be no visible emissions to the outside air from any asbestos mill except as provided in paragraph (f) of this section. Outside storage of asbestos materials is not con sidered a part of an asbestos mill. (b) Roadways: The surfacing of road ways with asbestos tailings is prohibited, except for temporary roadways on an area of asbestos ore deposits. The deposi tion of asbestos tailings on roadways cov ered with snow or ice is considered "sur facing." (cl Manufacturing: There shall be no visible emissions to the outside air, ex cept as provided in paragraph (f) of this section, from any building or struc ture in which the following operationsare conducted or directly from any of the following operations if they are con ducted outside of buildings or structures. (1) The manufacture of cloth, cord,, wicks, tubing, tape, twine, rope, thread, yarn, roving, lap, or other textile ma terials. (2) The manufacture of cement prod ucts. (3) The manufacture of fireproofing, and insulating materials. (4) The manufacture of friction, products. (5) The manufacture of paper, mill board, and felt. (6) The manufacture of floor tile. (7) The manufacture of paints, coat ings, caulks, adhesives, sealants. (8) The manufacture of plastics and; rubber materials. (9) The manufacture of chlorine. (d) Demolition: Any owTner or opera tor of a demolition operation who intendsto demolish any institutional, commer cial, or industrial building (including apartment buildings having more than, four dwelling units). structure, facility, installation, or portion thereof whichcontains any boiler, pipe, or load-sup porting structural member that is insu lated or fireproofed with friable asbestosmaterial shall comply with the require ments set forth in this paragraph. (1) Notice of intention to demolish shall be provided to the Administrator at least 20 days prior to commencement of such demolition or anytime prior to' commencement of demolition subject to paragraph (d) (4) of this section. Such notice shall include the following: information: (1) Name of owner or operator. (ii) Address of owner or operator. (iii) Description of the building, struc ture, facility, or installation to be de molished. (iv) Address or location of the build ing, structure, facility or installation. (v) Scheduled starting and completion dates of demolition. (vi) Method of demolition to be em ployed. (vii) Procedures to be employed to meet the requirements of this paragraph. (2) The following procedures shall be used to prevent emissions of particulate asbestos material to outside air: (i) Friable asbestos materials, used to insulate or fireproof any boiler, pine, or load-support be wetted ar ing, otruotv subject to ti .ing of loadbers is comi debris shall sure that su all stages of dling operat (ii) No pi fcurai merat able asbestc material sh the ground facility, or paragraph, ered or take (iii) No f: dropped or any buiidir stall ation s from any i buildings, stallations, friable asfc ported to chutes or c (3) Sour are exemp 61.05(a) (4) Any c tion operat building, s tion to whi graph worn been decla authority t which is ir. is exempt paragraph quirement: (1) of th: friable as'. paragraph (e) Spr; emissions spray-on ; tabling me a dry wei fireproof t cept as pr section. 3r late or pipes, anc than 1 pe; basis. (D Sov. are exem 61.05(a) (2) An;, to spray r. paragraph (f) of building or Etruc- llowing operationstly from any of theif they are conlings or structures, ire or ciotn, cord,, vine, rope, thread, other textile ma~ e of cement prod- ire of fireproofing: vis. -ture of friction re of paper, mill- e of floor tile. -'e of paints, coat ;. sealants, re of plastics and :e of chlorine. y owner or opexaation who intendsnitional, commerlilding (including raving more than* ttructure, facility, m thereof whichhpe, or load-supnber that is insuth friable asbestos with the require ; paragraph, ition to demolish :he Administrator bo commencement anytime prior tololition subject to lis section, lude the following: operator, er or operator. ie building, struc- -llation tn he rie- tion of the build er installation. ig and completion. olition to be em- be employed to of this paragraph, ocedures shall be ons of particulate .tside air: materials, used to iy boiler, pipe, or Chapter 1--Environmental Protection Agency 61.23 load-supporting structural member, shall fireproof buildings, structures, pipes, con be wetted and removed from any build duits, equipment, and machinery shall ing, structure, facility, nr installation report such intention to the administra subject to this paragraph before wreck tor at least ao days prior to the com ing of load-supporting structural mem mencement of the spraying operation. bers is commenced. The friable asbestos Such report shall include the following dehris shall be wetted adequately to in information: sure that such debris remains wet during (i) Name of owner or operator. all stages of demolition and related han (ii) Address 01 owner or operator. dling operations. (iii) Location of spraying operation. (ill No pipe or load-supporting struc (iv) Procedures to be followed to meet tural member that is covered with fri the requirements of this paragraph. able asbestos insulating or fireproofing (f) Rather than meet the no-visible- material shall be dropped or thrown to emission requirements of paragraphs (a), the ground from any building, structure, (c), and (e) of this section, an owner or facility, or installation subject to this operator may elect to use the methods paragraph. Gut shall be carefully low specified by 51.23 to clean emissions ered or taken to ground level. containing particulate asbestos material till) No friable asbestos debris shall be before such emissions escape to, or are dropped or thrown to the ground from vented to, the outside air. any building, structure, facility, or in stallation subject to this paragraph or 61.23 Air-cleaning. from any floor to any floor below. For If air-cleaning is elected, as permit buildings, structures, facilities, or in stallations, 50 feet or greater in height, triable asbc3toe debris shall be trans ported to the ground via dust-tignt ted by 61.22(f), the requirements of this section must be met. (a) Fabric filter collection devices muct be used, except as noted in para chutes or containers. graphs (b) and (c) of this section. Such (3) Sources subject to this paragraph devices must be operated at a pressure are exempt from the requirements of drop of no more than 4 inches water gage, 61.05(a), 61.07, and G1.00. as measured across the filter fabric. The (4) Any owner or operator of a demoli airnow permeability, as determined by tion operation who intends to demolish a ASTM method D737-69, must not exceed building, structure, facility, or installa 30 ft3/min/ft2 for woven fabrics or 35 tion to which the provisions of this para fri/min/ft2 for felted fabrics, except that graph would be applicable but which has 40 ftymin/ft2 for woven and 45 ft3/ been declared by proper State or local min/ft2 for felted fabrics is allowed for authority to be structurally unsound and filtering air from asbestos ore dryers. which is in danger of imminent collapse is exempt from the requirements of this paragraph other than the reporting re quirements specified by paragraph (d) (1) of this section and the wetting of Each square yard of felted fabric must weigh at least 14 ounces and be at least one-sixteenth inch thick throughout. Synthetic fabrics must not contain nil yarn other than that which is spun. friable asbestos debris as specified by Co) If the use of fabric filters creates paragraph (d) (3) (i) of this section. a fire or explosion hazard, the adminis (e) Spraying: There shall be no visible trator may authorize the use of wet col emissions to the outside air from the lectors designed to operate with a unit spray-on application of materials con contacting energy of at least 40 inches taining more than 1 percent asbestos, on water gage pressure. a dry weight basis, used to insulate or (c> The administrator may authorize fireproof equipment and machinery, ex the use of filtering equipment other than cept as provided in paragraph (f) of this that described in paragraphs (a) and (b) section. Spray-on materials used to insu of this section if the owner or operator late or fireproof buildings, structures, demonstrates to the satisfaction of the pipes, and conduits shall contain less adimnls Labor that the filtering- of par than 1 percent asbestos on a dry weight ticulate asbestos material is equivalent basis. to that of the described equipment. (1) Sources subject to this paragraph (d) All air-cleaning equipment au are exempt from the requirements of thorized by this section must be properly 5 61.05(a), 61.07, and S1.09. installed, used, operated, and maintained. (2) Any owner or operator who intends Bypass devices may be used only during to spray asbestos materials to insulate or upset or emergency conditions and then 61.24 Title 40--Protection of Environment only for so long as it takes to shut down (c) "Beryllium ore" means any natu the operation generating the particulate rally occurring material mined or asbestos material. gathered for its beryllium content. 61.24 Keportmg. (d) "Machine shop" means a facility performing cutting, grinding, turning, The owner or operator of any existing honing, milling, deburring, lapping, source to which this subpart is applicable electrochemical machining, etching, or shall, within 90 days after the effective other similar operations. date, provide the following information (e) "Ceramic plant" means a manu to the administrator: facturing plant producing ceramic items. (a) A description of the emission con (f) "Foundry" means a facility en trol equipment used for each process; gaged in the melting or casting of (b) If a fabric filter device is used to beryllium metal or alloy. control emissions, the pressure drop (g) "Beryllium-containing waste" across the fabric filter in inches water means material contaminated with, gage. beryllium and/or beryllium compounds (1) If the fabric filter device utilizes a used or generated during any process or woven fabric, the airflow permeability operation performed by a source subject in ftVmin/ft3; and, if the fabric is syn to this subpart. thetic, indicate whether the fill yam is (h) "Incinerator" means any furnace spun or not spun. used in the process of burning waste for (2) If the fabric filter device utilizes the primary purpose of reducing the a felted fabric, the density in oz/yd=, the volume of the waste by removing com minimum thickness in inches, and the bustible matter. airflow permeability in ftVmin/ft2. (i) "Propellant" means a fuel and oxi (c) Such information shall accompany dizer physically or chemically combined the information required by 61.10. The which undergoes combustion to provide appropriate form is contained in appen rocket propulsion. dix A to this part. (j) "Beryllium alloy" means any metal Subpart C--National Emission Standard for Beryllium 61.30 Applicability. to which beryllium has been added in order to increase its beryllium content and which contains more than 0.1 per cent beryllium by weight. The provisions of this subpart are ap (k) "Propellant plant" means any plicable to the following stationary facility engaged in the mixing, casting, sources: or machining of propellant. (a) Extraction plans, ceramic plants, foundries, incinerators, and propellant plants which process beryllium ore, beryl 61.32 Emission standard. fa) Emissions to the atmosphere from lium, beryllium oxide, beryllium alloys, or beryllium-containing: waste. (b) Machine shops which process beryllium, beryllium oxides, or any alloy stationary sources subject to the provi sions of this subpart shall not exceed 10 grams of beryllium over a 24-hour period, except as provided in paragraph (b) of when such alloy contains more than 5 this section. percent beryllium by weight. 61.31 Definitions. (b) Rather than meet the require ment of paragraph (a) of this section, an owner or operator may request ap Terms used in this subpart are de proval from the Administrator to meet fined in the act, in subpart A of this an ambient concentration limit on beryl part, or in this section as follows: lium in the vicinity of the stationary (a) "Beryllium'' means the element source of 0.01 jug/rtp, averaged over a beryllium. Where weights or concentra 30-day period. tions are specified, such weights or con (l) Approval of such requests may be centrations apply to beryllium only, granted by the Administrator provided excluding the weight, or concentration of that: any associated elements. (i) At least 3 years of data is avail (b) "Extraction plant" means a fa able which in the judgment of the Ad cility chemically processing beryllium ministrator demonstrates that the fu ore to beryllium metal, alloy, or oxide, ture ambient concentrations of beryllium or performing any of the intermediate in the vicinity of the stationary source steps in these processes. will not exceed 0.01 iig/m\ averaged over 502 a 30-day pei be the 3 yea effective dat (ii) The such appro'. after the efi (iii) The report to t days after standard w lowing info (a) Desc including t calibration. (b) Meti (c) Aver ing 30-day id) Nurc <addres3, c heading fre (e) Groi above grou if) Plan showing e: sites. Tope affecting building h included. (g) Infc mating dis inside dia exit veloci concentra' (ft) A c: dures (me sign the a: her and lo- (1) Airhum cone stationary specified section. r chronolog lium cone individua. and the beryllium (2) W: such repc the owne: approval denying a visions o: the Ada represent for whici submittei (c) T1-berylliun pell ants. sans any natu.al mined or im content, leans a facility iding, turning, ring, lapping, ng, etching-, or leans a manu: ceramic items, a facility enor casting of lining -waste" minated with am compounds any process or , source subject ns any furnace ming waste for reducing the removing com . a fuel and oxically combined, tion to provide leans any metal hppp. added ill yllium content ; than 0.1 per " means any fixing, casting, mt. rd. mosphere from t to tne proviI not exceed 10 24-hour period, ragraph (b) of t the requireof tills section, ay request apitrator to meet limit uu berylthe stationary /eraged over a equests may be ;rator provided data is availent of the Ad ; that the fu ns of beryllium itionary source averaged over Chapter I--Environmental Protection Agency 61.34 a 30-day period. Such 3-year period shall tors, emissions from which must comply be the 3 years ending 30 days before the with the standard. effective date of this standard. (ii) The owner or operator requests such approval in writing within 30 days after the effective date of this standard. (iii) The owner or operator submits a report to tne Administrator within 45 days after the effective date of this standard which report includes the fol 61.33 Stack sampling. (a) Unless a waiver of emission testing is obtained under 81.13, each owner or operator required to comply with 61.32(a) shall test emissions from his source, (1) Within 90 days of the effective lowing information: date in the case of an existing source or (a) Description of sampling method a new source which has an initial startup including the method and frequency of date preceding the effective date; or calibration. (b) Method of sample analysis. (2) Within 90 days of startup in the case of a new source which did not have (c) Averaging technique for determin an initial startup date preceding the ef ing 30-day average concentrations. fective date. (d) Number, identity, and location lb) Tne Administrator uhall be noti (address, coordinates, or distance and fied at least 30 days prior to an emission heading from plant) of sampling sites. test so that he may at his option observe (e) Ground elevations and height the test. above ground of sampling inlets. (c) Samples shall be taken over such a 00 Plant and sampling area plots period or periods as are necessary to ac showing emission points and sampling curately determine the maximum emis sites. Topographic features significantly sions which will occur in any 24-hour affecting dispersion including plant period. Where emissions depend upon the building heights and locations shall be relative frequency of operation of differ included. ent types of processes, operating hours, (<7) Information necessary for esti operating capacities, or other factors, mating dispersion including stack height, the calculation of maximum 24-hour- inside diameter, exit gas temperature, period emissions will be based on that exit velocity or flow rate, and beryllium combination of factors which is likely to concentration. occur during the subject period and (h) A description of data and proce which result in the maximum emissions. dures (methods or models) used to de No changes in the operation shall be sign the air sampling network (i.e., num made, which would potentially increase ber and location of sampling sites). emissions above that determined by the (i) Air sampling data indicating beryl most recent source test, until a new emis lium concentrations in the vicinity of the sion level has been estimated by calcula stationary source for the 3-year period tion and the results reported to the Ad specified in paragraph (b)(1) of this ministrator. section. This data shall be presented (d) All samples shall be analyzed and chronologically and include the beryl beryllium emissions shall be determined lium concentration and location of each within 30 days after the source test. All individual sample taken by the network determinations shall be reported to the and the corresponding 30-day average Administrator by a registered letter dis beryllium concentrations. patched before the close of the next busi (2) Within 60 days after receiving ness day following such determination. such report, the Administrator will notify (e) Records of emission test results the owner or operator in writing whether and other data needed to determine total approval is granted or denied. Prior to emissions shall be retained at the source denying approval to comply with the pro visions of paragraph (b) of this section, the Administrator will consult with representatives of the statutory source and made available, for inspection by the Administrator, for a minimum of 2 years. 61.34 Air sampling. for which the demonstration report was (a) Stationary sources subject to submitted. 61.32(b) shall locate air sampling sites (c) The burning of beryllium and/or in accordance with a plan approved by beryllium-containing waste, except pro the Administrator. Such sites shall be pellants, is prohibited except in incinera located in such a manner as is calculated 61.40 Title 40--Protection of Environment to detect maximum concentrations of beryllium in the ambient air. (b) All monitoring sites shall be op erated continuously except for a reason able time allowance for instrument main tenance and calibration, for changing filters, or for replacemet of equipment needing major repair. (c) Filters shall be analyzed and con centrations calculated within 30 days after filters are collected. Records of concentrations at all sampling sites and other data needed to determine such con centrations shall be retained at the source and made available, for inspection by the Administrator, for a minimum of 2 years. (di Concentrations measured at all sampling sites shall be reported to the Administrator every 30 days by a regis tered letter, (e) The Administrator may at any time require changes in, or expansion of, the sampling network. Subpart D--National Emission Standard for Beryllium Rocket Motor Firing 61,40 Applicability. The provisions of this subpart are ap plicable to rocket motor test sites. 61.41 Definitions. Terms used in this subpart are defined in the Act, in Subpart A of this part, or in this section as follows: (a) "Rocket motor test site" means any building, structure, facility, or installa tion where the static test firing of a beryllium rocket motor and/or the dis posal of beryllium propellant is conducted. (b) "Beryllium propellant" means any propellant incorporating beryllium. 61.42 Emission standard. (a) Emissions to the atmosphere from rocket-motor test sites shall not cause time-weighted atmospheric concentra tions of beryllium to exceed 75 micro gram minutes per cubic meter of air within tne limits or 10 to 00 minutes, accumulated during any 2 consecutive weeks, in any area in which an effect adverse to public health could occur. (b) If combustion products from the firing of beryllium propellant are col lected in a closed tank, emissions from such tank shall not exceed 2 grams per hour and a maximum of 10 grams per day. 61.43 Emission testing--rocket firing or propellant disposal. (a) Ambient air concentrations shall be measured during and after fixing of a rocket motor or propellant disposal and in such a manner that the effect of these emissions can be compared with the standard. 3uch aamplinfj techniques shall be approved by the Administrator. Cb) All samples shall be analyzed and results shall be calculated within 30 days after samples are taken and before any subsequent rocket motor firing or pro pellant disposal at the given site. All re sults shall be reported to the Adminis trator by a registered letter dispatched before the close of the next business hay following determination of such results. (c) Records of air sampling test results and other data needed to determine in tegrated intermittent concentrations shall be retained at the source and made available, for Inspection by the Admin istrator, for a minimum of 2 years. (d) The Administrator shall he noti fied at least 30 days prior to an air sam pling test, so that he may at his option observe the test. 61.44 S tack sampling. (a) Sources subject to I 31.42(b) shall be continuously sampled, during release of combustion products from the tank, in such a manner that compliance with the standards can be determined. The pro visions of 61.14 shall apply. (b) All samples shall be analyzed, and beryllium emissions shall be determined within 30 days after samples are taken and before any subsequent rocket motor firing or propellant disposal at the given site. All determinations shall be reported to the Administrator by a registered let ter dispatched before the close of the next business day following such deter minations. (c) Records of emission test results and ether data needed to determine total emissions shall be retained at the source and made available, for inspection by the Administrator, for a minimum o1 x years. (d) The Administrator shall be noti fied at least 30 days prior to an emission test, so that he may at his option observe the test. c Subpart E--Natio for 61.30 Applical The provisions plicable to those st process mercury c and to those whi alkali cells to pre alkali metal hydre 61.31 Definite Terms used in t in the act, in subr this section as foil (a) "Mercury" i cury, excluding a and includes mer: pors, aerosols, anc Cb) "Mercury mined specificaii tent-. cc) "Mercury means a facility to obtain mercur; (d) "Condense gaseous effluent e processes ufcilisir. cury metal from: ' e) "Mercury a device which i an electrolyzer (decomposer) se cury to produce gas. and alkali nr. (f.) "Mercury c means an electrc ox a mercury chi a flowing mere chlorine gas anc i g) "Denuder vertical contain! cury chlor-alka! and alkali metal to alkali metal hydrogen gas in trolytic reaction (h) "Hydroge hydrogen strea: alkali cell denurl CD "End box located on one c chior- alkali eh as a connection and denuder amalgam. (j) "End be means a ventil lects mercury --rocket firing fixations shall fter firing of a C disposal and effect of these red with the ;chniques shall strator. i analyzed and within 30 days nd before any firing or pro- en site. All rethe Adminis ter dispatched ;t business day f such results, ing test results determine in concentrations uice and made oy the Admin ' 2 years, shall be notlto an air saiui at his option ; 81.42(b) shall during release im the tank, in (lance with the ined. The proiy. ; analyzed, and be determined pies are taken t rochet motor al at the given all be reported registered lete close of the ng such deter- test results and etermine total d at the source spection by the mim of 2 years, shall be notito an emission option observe Chapter 1--Environment! Protection Agency 61.53 Subpart E--National Emission Standard for Mercury 61.50 Applicability. The provisions of this subpart are ap plicable to those stationary sources Which process mercury ore to recover mercury, and to those which use mercury chloralkali cells to produce chlorine gas and alkali metal hydroxide. g 61.31 Definitions. Terms used in this subpart are defined in the act, in subpart A of this part, or in this section, as follows: (a) "Mercury" means the element mer cury, excluding any associated elements, and includes mercury in particulates, va pors, aerosols, and compounds. (b) "Mercury ore" means a mineral mined specifically for its mercury con tent. .. tc) "Mercury ore processing facility" means a facility orocessing mercury ore to obtain mercury. (d) "Condenser stack gases" mean the gaseous effluent evolved from the stack of processes utilizing heat to extract mer cury metal from mercury ore. <e) "Mercury chlor-alkali cell" means a device which is basically composed of an electrolyzer section and a denuder (decomposer) section and utilizes mer cury to produce chlorine gas, hydrogen gas, and alkali metal hydroxide. (f) "Mercury chlor-alkali electrolyzer" means an electrolytic device which is part or a mercury chlor-alkali cell and utilizes a flowing mercury cathode to produce chlorine gas and alkali metal amalgam. ig) "Denuder" means a horizontal or vertical container which is part of a mer cury chlor-alkali cell and in which water and alkali metal amalgam are converted to alkali metal hydroxide, mercury, and hydrogen gas in a short-circuited, elec trolytic reaction. <h) "Hydrogen gas stream" means a hydrogen stream formed in the chloralkali cell denuder. (i) "End box" means a container(s) located on one or both ends of a mercury chlor-alkali electrolyzer which serves as a connection between the electrolyzer and denuder for rich and stripped amalgam. (j) "End box ventilation system" means a ventilation system which col lects mercury emissions from the end- boxes, the mercury pump sumps, and their water oolection systems. (k) "Cell room" means a structure's) housing one or more mercury" electro lytic chlor-alkali cells. 61.52 Emission standard. Emissions to the atmosphere from sta tionary sources subject to the provisions of this subpart shall not exceed 2,300 grams of mercury per 24-hour period. 61.53 Stack sampling. (a) Mercury ore processing facility. (l) Unless a waiver of emission testing io obtained under 61.13, each owner or operator processing mercury ore shall test emissions from his source, (1) Within 90 days of the effective date in the case of an existing source or a new source which has an initial start up date preceding the effective date; or (ii) Within 90 days of startup in the case of a new source which did not have an initial startup date preceding the ef fective date. (2) The Administrator shall be noti fied at least 30 days prior to an emission test, so that he may at his option observe the test. (3) Samples shall be taken over such a period or periods as are necessary to accurately determine the maximum emissions which will occur in a 24-hour period. No changes in the operation shall be made, which would potentially in crease emissions above that determined by the most recent source test, until the new emission level has been estimated by calculation and the results reported to the Administrator. (4) All samples shall be analyzed, and mercury emissions shall be determined within 30 days after the source test. Each determination will be reported to the Ad ministrator by a registered letter dis patched before the close of the next busi ness day following such determination. (5) Records Of emission test results and other data needed to determine total emissions shall be retained at the source and made available, for inspection by the Administrator, for a minimum of 2 years. (b) Mercury chlor-alkali plant--hy drogen and end-box ventilation gas streams. (1) Unless a waiver of emission test ing is obtained under 61.13, each owner or operator employing mercury chlor- 97-025--73-------33 505 61.53 Title 40--Protection of Environment alkali cell(s) shall test emissions from his source, (1) Within 90 days of the effective date in the case of an existing source or a new source which has an initial startup date preceding the effective date; or (ii) Within 90 days of startup in the case of a new source which did not have an initial startup date preceding the ef fective date. (2) The Administrator shall be noti fied at least 30 days prior to an emission test, so that he may at his option observe the test. (3) Samples shall be taken over such a neriod or periods as are necessary to accurately determine the maximum emis sions which will occur in a 24-hour period. No changes in the operation shall be made, which would potentially in crease emissions above that determined by the most recent source test, until the new emission has been estimated by cal culation and the results reported to the Administrator. (4) All samples shall be analyzed ana mercury emisions shall be determined within 30 days after the source test. All the determinations will be reported to the Administrator by a registered letter dispatched before the close of the next business day following such determina tion. (5) Records of emission test results and other data needed to determine total emissions shall be retained at the source and made available, for inspection by the Administrator, for a minimum of 2 years. (c) Mercury chlor-alkali plants-- cell room ventilation system. (1) Stationary sources using mercury chlor-alkali cells may test cell room emissions in accordance with paragraph (c) (2) of this section or demonstrate compliance with paragraph (c) (4) of this section and assume ventilation emissions of 1,300 gms/day of mercury. (2) Unless a waiver of emission test ing is obtained under 61.13, each owner or operator shall pass all cell room air in forced gas streams through stacks suitable for testing, (i) Within 90 days of the effective date in the case of an existing source or a new source which has an initial startup date preceding the effective date; or (ii) Within 90 days of startup in the case of a new source which did not have an initial startup date preceding the effective date. (3) The Administrator shall be noti fied at least 30 days prior to an emission test, so that he may at his option observe the test. (4) An owner or operator may carry out approved design, maintenance, and housekeeping practices. A list of ap proved design, maintenance, and house keeping practices may be obtained from the Administrator. I. SOURCE Instructof sourc: subject Standard: Pollutanthe infoSection Environe Regional is 90 da; is provi, A. SOUR 1. 2