Document 6BZgopkMnEqm5xYbabG7Z68p4

im ENVIRONMENTAL PROTECTION AGENCY REGULATIONS ON STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES S-3J9 121:0401 (40 CFR 60; 36 FR 24876, December 23, 1971; Effective August 17 1971; Amended as shown in Code of Federal Regulations, Volume 40, revised as of July 1, 1976; 41 FR 27967, July 8, 1976; 41 FR 33264, August 9, i97o; 41 FR 34629, August 16. 1976; 41 FR 3S18S, August 20. 1976; 41 FR. 36918, September 1, 1976; 41 FR 40107, September 17, 1976; 41 FR 40467, September 20, 1976; 41 FR 43148, September 30, 1976; 41 FR 44859, October 13, 1976; 41 FR 48342, November 3, 1976; 41 FR 51397, November 22, 1976; 41 FR 52299, November 29, 1976; 41 FR 53017, December 3, 1976; 41 FR 54757, December 15, 1976; 41 FR 55531, December 21, 1976; 41 FR 56805 and 56806, December 30. 1976; 42 FR 1214, January 6, 1977; 42 FR 4124, January 24, 1977; 42 FR 5936, January 31, 1977; 42 FR 6812, February 4, 1977; 42 FR 16777, March 30, 1977; 42 FR 26205, May 23, 1977) PART 60-STANDARDS OF PER FORMANCE FOR NEW STATION ARY SOURCES AVTKOWrrr: 8m>. Ill And 114 at the CMu Air Act, m unendwT by ne. 4(a) of pubs L. 91-404, M 8tt. ISIS _(43 VAC. 18576-4. 1857-). Subpart B Alio issued under aac. 301(a) of the Clean Air Act. u Amended by eec. 15(e) <3> Of "Pub. L. 01-804. 34 8tit. 1713 (43 DSC. 18573): [40 FR 53340, November 17. 19751 Subpart A--General Prevision* 180.1 Applicability. Except as provided In Subparts B and C. the provision* of this part apply to the Owner or operator of any stationary source which contains an affected facJK tty, the construction or modification on which is .commenced after the date at publication in this part of any standard (or, If earlier, the date of publication of any' proposed Standard) applicable to that faculty. [39 FR 20790, June 14. 1974] [40 FR 46250, October 6, 1975) 9 60.2 Definitions. As used in this part, all terms not defined herein shall have the meaning given them in the Act: (a)' "Act" means the Clean Air Act (42 UB.C. 1857 et seq., as amended by public Law 91-604, 84 Stat. 1876). (b) "Administrator" means the Ad ministrator of the Environmental Pro tection Agency or his authorised repre sentative. (c) "Standard" means a standard oi performance proposed or promulgated under this part. (d) "Stationary source" means any building, structure, facility, or installa tion which emits or may emit any'air pollutant and which contains any one or combination of the following: (1) Affected.facllitiea, (2) Existing facilities. (3) Faculties of the type for which no standards have been promulgated in this part. [40 FR 58415, December 16, 19751 (er "Affected facility" means, with reference to a stationary source, any ap paratus to which a standard is applicable. (f) "Owner or operator" means any person who owns, leases, operates, con trols, or supervises an affected facility or a stationary source of which an af fected facility is a port. (g i "Construction-means fabrication, erection, or installation of an affected facility. (h) "Modification" means any physi cal change in, or change in the method of operation of, an fstating facility which Increases the amount of any Airpollutant (to which a standard applies) emitted into the atmosphere by that facility or which results in the emission of any air pollutant (to which a s^ndard applies) Into the atmosphere not previously emitted. [40 FR 58415, December 16, 1975] (!) "Commenced" means, with respect to the definition of "new source" in sec tion lll<a> (2) of the Act. that an owner or operator has undertaken a continuous program of construction or modification or that nn owner or operator has entered into a contractual obligation to under take and complete, within a reasonable time, a continuous program of construc tion or modification. <j> "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background. (k> "Nitrogen oxides" means all ox ides of nitrogen except nitrous oxide, as measured by test methods set forth in this part. il) "Standard conditions" means temperature of 20'C <68*F) and a pres sure of 760 mm of Hg (29.92 In. of Hg). (m) "Proportional sampling- means sampling at a rate that produces a con stant ratio of sampling rate to stack gas flow rate. (n) "Isokinetic sampling" means sampling in which the linear velocity of the gas entering the sampling nozzle is equal to that of the undisturbed gas stream at the sample point. <o> "Startup" means the setting in oiieration or an affected facility for any purpose, 'P> "Shutdown" means the cessation of operation of an affected facility for any purpose. -<q> "Malfunction" means any sudden and unavoidable failure of air pollution control equipment or process equipment or of a process to operate in a normal or usual manner. Failures that are caused entirely or in part by poor maintenance, careless operation, or any other prevent able upset 'condition or preventable equipment breakdown shall not be con sidered malfunctions- <r) "Onerhour period" means any 60 minute period commencing on the hour. * [40 FR 46250, October 6, 1975| ()- "Reference method" means any method of Mri|Tlf and analysing for an air pollutant aa described In Ap pendix A to this part. [39 FR 20790, June 14, 1974] it) "Equivalent method" means any method of sampling and analyzing for an air pollutant which have been demon strated to the Administrator's satisfac tion to have a consistent and quantita tively known relationship to the refer ence method, under specified conditions. tu) "Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but" which'has been demonstrated to the Administrator's sat isfaction to. in specific cases, produce results adequate for his determination of compliance. (v) "Particulate matter" means a-y finely divided solid or liquid material, other than uncoxnblned watear, a* meas ured by Method 5 of Appendix A to this part or aa equivalent or alternative method [39 FR 20790, June 14, 19741 (w) "Run" means the net period of time during which an emission sample is collected, unless otherwise specified, a run may be either intermittent or con tinuous within the limit* of good engi neering practice. (x) "Six-minute period" means any one of the 10 equal parts of a one-hour period. (y) "Continuous monitoring system" means the total equipment, required under the emission monitoring sections in applicable subparts, used to sample and condition (if applicable), to analyze, and to provide a permanent record of emissions or process parameters. (z) "Monitoring device" means the total equipment, required under the monitoring of operations sections in ap plicable subparts, used to measure and record (if applicable) process param eters. [40 FR 46250, October 6, 1975] 8-12-77 Copyright 1977 by Tbs Bureau oi Notional Affairs, Inc, [Sec. 60*2{z)l 19 ucc 050400 121:0402 FEDERAL REGULATIONS <aa> "Existing facility" means, with reference to a stationary source, any ap paratus of the t-pe for which a standard is promulgated in this part, and the con struction or modification of which was commenced before the date of proposal of that standard; or any apparatus which could be altered in such a way as to be of that tvpe. (bb) "Capital expenditure" means an expenditure for a physical or operational change to an existing facility which ex ceeds the product of the applicable "an nual asset guideline repair allowance percentage" specified in the latest edi tion of Internal Revenue Service Publi cation 534 and the existing facility's basis, as defined bv section 1012 of the Internal Revenue Code. [40 FR 58415, December 16. 1975) 60-3 Abbreviations. Tlie abbreviations used in tills part have the following meanings; AST M --American society for Testing and Materials Btu--British thermal unit c--degree Celsius (centigrade) cal--ouorle CdS--cadmium sulfide efm--cubic feet per minute W CO--carbon monoxide CO,--carbon dlozlda dsem" --dry cubic metar(s) at standard con ditions dsef--dry cubic feet at standard oondtttooa eq--equivalents "F--degree Fahrenheit g--gram(s) gal--gallon(s) g eq--gram equivalents *r--graln(s) hr--bour(s) MCI--hydrochloric sold Hg--mercury H.O--water H,S--hydrogen sulfide HjSO.--sulfuric acid in.--uioh(cs) `K--degree Kelvin k--1,000 kg--kilogram (e) 1--llter(s) 1pm--itter(s) per minute lb--pound (s) m--meter(s) meq--mUliequlvalent(s) rnln--mlnute(s) mg--mllllgram(s) ml--mUtmter(s) mm--mUllmeter(e) mol. wt.--molecular weight mV--millivolt N, --nitrogen tun--nanometer(t)--10-* meter NO--nitric oxide DO,--nitrogen dioxide JtO,--nitrogen oxide* O, --oxygen ppb--parts per billion ppm--parts per mUllon pais--pound* per square inch absolute R--degree Rankin* a--at standard conditions sec--second SO.--sulfur dioxide SO,--sulfur trloxld pg--mlcrogrsm(s)--10-* gram $ 60.1 Address. (*> All requests, reports, applications, submittals, and other communication* to the Administrator pursuant to thi- part shall be submitted in duplicate and ad dressed to the appropriate Regional Of fice of the Environmental Protection Agency, to the attention of the Director, Enforcement Division. The regional of fices are as follows: Region t (Connecticut, Maine, Kew Hamp shire. Massachusetts. Rhode Island, Ver mont), John F. Kennedy Federal Building, Boston. Massachusetts 03203. Region n (New York, New Jersey, Puerto Rico, Virgin Islands), Federal Offioa Build ing. 36 Fsderal Plasa (Foley Square), New York. N.Y. 10007. Region in (Delaware. Dlstrlot of Oo'tnnDla, Pennsylvania. Maryland. Vlre'^I*, West Vir ginia), Curtis BuUdln^. Sixth and Walnut Streets, Philadelphia. Pennsylvania 19106. Region IV (Alabama. Florida. Georgia, Mississippi, Kentucky, North Carolina, South Carolina, Tennessee). Suits 300, 1431 Psecbtres Btrsst. Atlanta. Georgia 30309- Region V (111mole, Indiana, Mlnneeots, Michigan, Ohio, Wisconsin), 230 South Dear born Street, Chicago, Illinois 60604. Region VI (Arkansas, Louisiana, New Mexico. Oklahoma, Texas), 1800 Patterson Street, Dallas, Tsxaa 19901. Region VH (Iowa, Wanes?. Missouri, Ne braska ), 1133 Baltimore Sheet, vTM City, Missouri 63106. Region VIU (Colorado, Montana, North Dakota. South Dakqte. Utah, Wyoming), 109 Linooln Towers, 1990 Uncoln Street, Denver, Colorado BQ303. Region IX (Arizona. California. Hawaii. Nevada. Guam. American Samoa). 100 Cali fornia Street, San Prmnclsoo. California 94111. Region X (Washington. Oregon. Idaho, Alaska). 1300 Sixth Avenue, Seattle, Wash ington 99101. (b) Section 111(c) directi the Admin istrator to delegate to each State. whet*, appropriate, the authority to implement and enforce standards of performance for new stationary sources located In such State. AH information required to be submitted to EPA under paragraph (a) of this section, must also be sub mitted to the appropriate State Agency of any State to which this authority has been delegated (provided, that each specific delegation may except sources from a certain Federal or State report ing requirement). The appropriate mail ing address for thoee States whose dele gation request has been approved is as follows: (A) (reserved|. (B) State of Alabama, Air Pollution Con trol Division, Air Pollution Control Commiition, 645 $- McDonough Street, Mont gomery, Alabama 36104. A) [reierved]. (B) Stale of Alabama, Air Pollution Con trol Divhion, Air Pollution Control Commixdon, 645 S. McDonough Street, Mont gomery, Alabama 36104. [41 FR 40467, September 20, 1976| (C) (reserved). D--Artemis Plate County Air Pollution Control Dtetrlct, 1S1 West Congress 9tr-et. Tucson. AH 99101. [41 FR 53017, December 3, 1976] (E) [reserved], F-CJtrorals: Bay Area Air Pollution Control District, 939 Kllie Street, Baa Ftaiidewi, OA 94109. Del Norte county AJr Pollution Control District. Courthouse, Oreooent City. CA 99991, Fresno County Air Pollution Comtool Dis trict, 9ia 8. Cedar Avenue, Prveno. OA 93703. Humboldt County Air Pollution Control District, 3900 S. Broadway, Eureka, OA B9B01. Kern County Air Pollution Oonteol Dis trict, 1100 Flower Street (P.O, Boa 997). BakeMeld, OA 9SS09. Madera County Air Pollution Control DU- Environtnenf Reporter trlct. iss W. Yneamlte Avenue, Madera, CA 99437. Mendocino County Air Pollution Control District, County Courthouse, Ukteh, OA 99493. Monterey Bay Unified Air Pollution control District, 430 Churoh Street (P.O. P'T mti SiLltns*. CA 93901 W:* thorn Bottoms County Air Pollution Control Dlstrlot, 9913 Chenate Road, Santa Boee. CA 80404. Sacramento County Air Pollution Control District. 3701 Branch Center Road. Saetn- eaento. OA 93337. San Diego county Air Pollution Control Dtetrtet, 9130 Cbeeeptekn extra, Ann Diego. OA 9S13S. Sen Joaquin County Air Pollution Control Dtetrtet, 1301 X. Baselton Sheet (P.O. Box 9003) Stockton. OA 33901. Sente Berbers County Air Pollution Con test District. 4440 Oell* Reel, Seats Barbara. CA 33110 . Btentalaus County Air pollution Control1 Dtetrtct.330 Soeuic Drive, Modesto, CA 90360. Trinity County Air Pollution Control Dietetat, Box AJ, Wsevervlil*. CA 90083. Vsnturm County Air Pollution control Dis trict. 039 X. Bants Clara Street, Ventura, CA 99901. *[41 FR 54757, December 15, 1976) (CD--State of Colorado. Colorado Air Follution Control Division. 4210 East 11th Avenue, Denver. Colorado >0220. [40 FR 50718, OctoSa 31, 1975] (B) State of Connecticut. Department at Environmental Protection, State Of fice Budding, Hartford. Connecticut 09115. [41 FR 11820, March 22, 19761 (I) - (K) [reserved). (L) State of Georgia. Environmental Pro tection Division, Department of Natural Re sources, 370 Washington Street, S.W- At lanta. Georgia 30334. [41 FR 24885, June 21, 1976) (M) [retervedi. (N) State of Idaho, Department of Healtl and Welfare, Statehouse, Boise, Idaho. 83701. f40 FR 26677, June 25, 1975] (O) (reserved! - (P) State of Indiana, Indiana Air PoUutlon Control Board, 1330 West Michigan Street. Indianapolis, Indians 4620C. (41 FR 43148. September 30, 1976) (Q) Stats of Iowa, Department of BMranmental Quality. 3930 Delaware, P.O. Box 3339, Des Uotrieo, Iowa 60310. [41 FR 56806, December 30, 1976] (RMT) [reserved] (O) State of Maine, Department of En vironmental Protaction, state House. Au guste, Maine 04330. (40 FR 59729, December 30. 19751 (V) |reserved]. (W) Massachusetts Department of En vironmental Quality Engineering. Divi sion of Air Quality Control. 600 Wash .ington Street, Boston, Massachusetts 02111 141 FR 19633, May 13, 1976] (X) --State of Michigan, Air Pollution Control Division, Michigan Department of Natural Resources, Steven* T. Mason Build ing, 8th Floor. Lansing, Mlchlgnn 46036 [41 FR 1913, January 13, 19761 (Y), (Z) |reserved). (AA), (BB) [reserved]. <CC) Nebraska Depsi-taient of Envi ronmental Control, P.O. Box 94653, State House Station, Lincoln. Nebraska 88509. [41 FR 56805, December 30, 1976] (DD) [reierved]. [Sec. 00.41b)] 20 ucc 050401 STATIONARY SOURCES S-359 121:0403 (EE) New Hampshire Air Pollution Control Agency. Department of Health and Welfare, State Laboratory Building, Hazen Drive, Concord, New Hampshire 03301. [41 FR 19633, May 13. 1976) (FF). (GG) (reserved j (HH) --New York: Now York Stats Dopartinsat of Environmental Consorvatlon, SO Wolf Road. Nsw Tork 13333, attention: Divi sion of Air Resources. [40 1'R 48347, October IS. 19751 () North Carolina Environmental Man agement Commission, Department of Natural and Economic 'Resources. Division of Envi ronmental Management, P.O. Box 37687, Ra leigh, North Carolina 37611. Attention: Air Quality Section. [41 FR 56805, December 30, 1976) (JJ)-State of North Dakota, State Depart ment of Health, State Capitol, Bismarck, North Dakota 585,01. [41 FR 44859, October 13, 1976) <KK) Ohio-- Medina, Summit and Portage Counties: Director, Air Pollution Control. '77 South Broadway, Akron,.Ohio. 44303. Stark County: Director, Air Pollution Con trol Division, Canton City Health Depart ment, City Hall, 313 Cleveland Avenue 8W, Canton, Ohio, 44703. Butler, Clermont, Hamilton and Warren Counties; Superintendent, Division of Air Pollution Control, 3400 Beekman Street, Cin cinnati. Ohio. 46314. Cuyahoga County; Commissioner, Division of Air Pollution Control, Deportment of Public Health and Welfare, 3730 Broadway Avenue, Cleveland, Ohio, 44116, Lorain County: Control Officer, Division of Air Pollution Control. 300 West Erie Avenue, 7th floor, Lorain, Ohio, 44063. Belmont, Carroll, Columbiana. Harrison. Jefferson, and Monroe Counties; Director. North Ohio Valley Air Authority (NOVAA). 814 Adams Street, Steubenville, Ohio, 46883, Clark, Darke; Greene, Miami, Montgomery, and Preble Counties: Supervisor, Regional Air Pollution control Agency (RAPCA), Montgomery County Health Department 461 West Third Street, Dayton, Ohio, 46403. Lucas County and the city of Romford (m Wood County); Director. Toledo Pollution Control Agency, 36 Main Street Toledo, Ohio, 43606. Adame, Brown* Lawrence, and Scioto Counties: Engineer-Director, Air Division, Portsmouth city Health Department 740 Second Street, Portsmouth, Ohio. 46663. Allen, Ashland. Auglaiae, Crawford, Dehance, Erls, Pulton. Hancock, Hardin, Henry. Huron, rTM. Radon, Mercer, Morrow, Ottawa, Paulding, Putnam, Richland, San dusky, Senses. Van Wart William*, Wood (except city of Roeafocd). and Wyan dot Counties; Ohio Environmental protec tion. Agency, Northwest District, office, ill West Washington Street Rowling Green, Ohio. 46463. Aahtabule, Geauga. Inks. Mahoning, Trumbull, and Wayne Counties; Ohio Envi ronmental Protection Agency, Northeast Dis trict Office, 3110 East Aurora Road. Twln*burg, Ohio, 44067.' Athene, Coshocton, Gallia, Guernsey, High land. Hocking, Bolmsa. Jackson, Meigs, Morgan, Muskingum, Noble, Perry, Pike, Rose. Tuscarawas, Vinton, and Washington Counties: Ohio Environmental protection Agency. Southeast District Office, Route 3, Box 603, Logan, Ohio, 43138. Champaign, Clinton, Logan, and Shelby Counties; Ohio Environmental Protection Agency, Southwest District Office, 7 East fourth Street, Dayton, Ohio, 46403. Delaware, Fairfield, Payette, Franklin. Licking, Madison, Pickaway, and Onion Counties; Ohio Environmental Protection Agency, Central District Office. 369 East Broad Street. Oolumbus, Ohio, 43215. [41 FR 55531, December 21, 1976] (LL) [reserved]. (MM)--state of Oregon. Department of Environmental Quality, 1234 SW Morrison Street, Portland, Oregon S7205. 141 I R 7750, February 20. 19761 (NN)(e) City of Phlladelpb1-. Philadelphia Department of Public Health, Air Man agement Se-vluee. 601 Arch Street, Phila delphia. Pennsylvenla 18107. [42 FR 6812, February 4, 1977] (00) [reserved). (PP) State of South Carolina, Office of Environmental Quality Control. Department of Health and Environmental Oonbtl, 3608 Bull Street, Columbia, South Carolina 38301. [42 FR 4124, January 24, 1977] iQQ) State of South Dakota, Depart ment of Environmental Protection, Joe Foss Building, Pierre, South Dakota 57501. 141 FR 17549, April 27, 1976) (RR), (SS) [reserved!. (TT) --State of Utah. Utah Air Con servation Committee, State Division of Health. 44 Medical Drive, Salt Lake City, Utah 84113. [41 FR 24124, June 15, 1976] (DU)--state of Vermont. Agency ot Environ mental Protection. Box 468, MOntnSUer Vermont 06603. |42 FR 1214, January 6, 1977] (W) Commonwealth of Virginia, Vir ginia State Air Pollution Control Board. Room 1106, Ninth Street Office Building. Richmond, Virginia 23219. [41 FR 8346, February 26, 1976] (WW) (t) Washington; State of Washing ton. Department ot Ecology. Olympia, Wash ington 98604. (II) Northwest Air Pollution Authority, 207 Pioneer Building, Second and Pine Streat*. Mount Vernon, Washington 98373. (III) Puget Sound Air pollution control Agency,' 410 West Harrison Street. Seattle, Washington 98119. (lv) Spokane County Air Pollution Control Authority, North 811 Jefferson, SpokAne, Wsahington 99301. (v) Southwest Air Pollution Control Au thority,-Suita 7601 H, NE Hazel Dell Avenue, Vancouver,Washington 98066. [41 FR 4263, January 29, 1976| (XX) [reserved]. (YY) Wlaconaln-- nwmiuin Department of Natural Resources. P.O. Box 7331, Madlaon. Wisconsin 66707. [42 FR 16778, Mart* 30, 1977] (ZZ) [reserved]. (AAA), (BBB) [reserved). ~PCCC>--TJ.S. Virgin Islands; U3. Vir gin Islands Department of Conservation and Cultural Affairs, P.O. Box 578, Char lotte Amalie, St. Thomas, U.S. Virgin Islands 00801. [41 FR 34628. August 16. 19761 (DDD) [reservedl. [39 FR 37987, October 25, 1974; 40 FR 18169, April 25, 1975; 40 FR 42194, September 11. 1975; 40 FR 45170, October 1, 1975) 60,5 Determination of construction or modification. (a) When requested to do so by an owner or operator, the Administrator will make a determination of whether action taken or Intended to be taken by such owner or operator constitutes con struction (including reconstruction) or modification or the commencement thereof within the meaning of thu part. (b) The wui to any request for a determination under paragraph (a) of this section within 30 days Of receipt of such request. [40 FR 58415, December 16, 19751 60.6 Review of plan*. (a) When requested to do so by an owner or operator, the Administrator will review plans for construction or modifi cation for the purpose of providing technicalAdvl?e to the owner or operator. - (b)(1) A separate request shall be sub mitted for each construction or modifica tion project. . (2) Each request shall identify the lo cation of such project, and M accom panied by technical Information describ ing the proposed nature, size, design, and method of operation of each affected fa- % ciUty involved In such project. Including Information on any requlpment to be used for measurement or control of emis sions. (c) Neither a request for plans reviev- nor advice furnished by the Administra tor in response to such request shall (l1 relieve an owner or operator of legal responsibility for compliance witn any provision of this part or of any applicable State or local requirement, or (2) prevent, the Administrator from implementing>" enforcing any provision of this part o.- taklng any other action authorized by the Act S 60.7 Notification and recordkeeping. (a) Any owner or operator subject to the provisions of this part shall furnish the Administrator written notification as follows: (1)A notification of the date construc tion (or reconstruction-as defined under I 60.15) of an affected facility is com menced postmarked no later than 30 days after such date. This requirement shU not apply In the case of mass-pro duced faculties which are purchased In completed form. (2) A notification of the anticipated date Of initial startup of an affected facility postmarked not more than 60 days nor less than 30 days prior to such date. (3) A notification of the actual date of initial startup of an affected facility postmarked within 15 days after such dat(e4.)A notification of any physical or operational change to an existing facil ity which may Increase the emission rate of any air pollutant to which a stand ard applies, unless that change Is spe cifically exempted under an applicable subpart or In I 60.14(e) and the exemp tion Is not denied under 1 60.14 (d) (4). This notice shall be postmarked 60 days or as soon as practicable before the change Is commenced and shall include information describing the precise na ture of the change, present and proposed emission control systems, productive capacity of the facility before and after the change, and the expected comple tion date of the change. The Administra- 8-12-77 Copyri ihr 1977 by The Bureou of Notional Affair s, Inc. ISec. 60.7(e)(4)] 21 UCC 050402 121:0404 FEDERAL REGULATIONS tor may request additional relevant in affected facility will be operated, but not may, upon the Administrator's approval, formation subsequent to this notice. later than 180 days after initial startup be determined iming the arithmetic 140 FR 58415, December 16, 1975) (5) A notification of the date upon which demonstration of the continuous monitoring system performance com mences in accordance with 160.13(c). Notification shall toe postmarked not less than 30 days prior to such date. (b) Any owner or operator subject to the provisions of this part shall main tain'records of the occurrence and dura tion of any startup, shutdown, or mal function In the operation of an affected facility; any malfunction of the air pol lution contool equipment; or any periods during which a continuous monitoring system or monitoring device is inopera tive. (c) Each owner or operator required to Install a continuous monitoring sys tem shall submit a written report of excess emissions (as defined in applicable subparts) to the Administrator for every calendar quarter. All quarterly reports shall be postmarked by the 30th day fol lowing the end of each calendar quarter and shall ipclude the following informa tion; of such facility and at such other times as of the results of the two other runs. may be required by the Administrator under section 114 of the Act, the owner or opera $ 60.9 Availability of information. tor of such facility shall conduct perfor mance test(s) and furnish the Administrator a written report of the results of such perfor mance test(s). ft) Performance - tests shall be ducted and data'reduced In ordance with the test metbr-V, and procedures contained in a-cn applicable subpart unites the Administrator (1) specifies The availability to the public of in formation provided to cr iihtiwise ootaiD*d by, ihe Administrator under ttafc rart shall be governed by Part 2 of this chapter. (Information submitted volun tarily to the Administrator for the pur poses of if 60.5 and.80.6 is governed by 12.201 through t 2.313 of this chapter and not by | 2.301 of thin chapter.) or approves, in specific eases, the use of [41 FR 36918, September 1, 1976] a reference method with minor changes in methodology, (2) approves the use 60.10 State authority. of an equivalent method, (3) approves The provisions of this part shall not the use of an alternative method the re be construed in any manner to preclude sults of which he has determined to be any State or political subdbrisJon thereof adequate for indicating whether a spe from; cific source is in compliance, or (4) (a) Adopting and enforcing any emis waives the requlrcmsnffor performance sion standard or limitation applicable to teste because the owner or operator o( an affected facility, provided that such a source has demonsUated by other emission standard or limitation is not means to'the Administrator's satisfac less stringent than the standard appli tion that the affected facility is In com cable to such facility. ^ pliance with the standard. Nothing m (b) Requiring the owner or operator this, paragraph shall be construed to of an affected facility to obtain permits, (1) The magnitude of excess emissions computed in accordance with 1 60.13(h). any conversion factor(s) used, and the date and time of commencement and completion of each time period of excess emissions. (2) Specific identification of eacn period of excess emissions that occurs abrogate''the Administrator's authority licenses, or approvals prior to to require testing under aeotten 114 qt construction, modification, or operation the Act. of such facility. <c> Performance tests shall be con 8 60.IT Compliance with standards and ducted under such conditions as the Ad maintenance requirement!. ministrator shall specify to the plant op erator based on representative (a) Compliance with standards in this performance of the effected facility. The part, other thgn opacity standards, shall during startups, shutdowns, and mal owner or operator shall make available be determined only by performance teeta functions of the affected facility. The to the Administrator such records as may established by | 80.8. nature and cause of any malfunction (if known), the corrective action taken or preventative measures adopted. (3) The date and time identifying each period during which the continuous monitor be necessary to determine the conditions of the performance tests. Operations dur ing periods of startup, shutdown, and malfunction shall not constitute repre sentative conditions of performance tests (b) Compliance with opacity stand ards In this part shah be determined by conducting observations in accordance with Reference Method 9 In Appendix.A of this part or any alternative method ing system was inoperative except for zero unless otherwise specified in the appli that is approved by the Administrator. and span checks and the nature of the cable standard. Opacity readings of portions of plumes system repairs or adjustments- (d) The owner or operator of an which contain condensed, uncombined (4) When no excess emissions have occur red or the continuous monitoring systcm(s) have not been inoperative, repaired, or ad justed, such information shall be stated in the report (d) Any owner or operator subject to the provisions of this part shall maintain a file of all measurements, including con tinuous monitoring system, monitoring device, and performance testing meas urements; all continuous monitoring sys tem performance evaluations; all con tinuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other infor mation required by this part recorded in a permanent form suitable for inspec tion. The file shall be retained for at least two years following the date of such measurements, maintenance, reports, and records. (40 FR 467.50, October 6, 1975) <ei If notification substantially similar to that in paragraph (a) of this section is required by any other State or local agency, sending the Administrator a copy of that notification .will satisfy the requirements of paragraph (a) of thii section. affected facility shall provide the Ad water vapor shall not be used for pur ministrator 30 days prior notice of the poses of determining compliance with performance test to afford the Admin opacity standards. The results of con istrator the opportunity to have an ob tinuous monitoring by transmlseometer server present. which indicate that the opacity at the (e) The owner or operator of SR time visual observations were made wee affected facility shall provide, or cause to not in excess of the standard are proba he provided, performance testing facil tive but not conclusive evidence of the ities as follows: actual opacity of an.emisglon, provided (1) Sampling ports adequate for test that the source shall meet the burden of methods applicable to such facility. proving that the instrument used meets (2) Safe sampling platform's). (at the time of the alleged violation) (3) Safe access to sampling plat Performance Specification 1 in Appendix form (*). B of this pert, has been propeMy main (4) Utilities for sampling and equipment. testing tained and (at the time of the alleged violation) calibrated, and that the resulting data have not been, tampered (f> Each performance test shall con with in any way. sist of three separate runs using the [42 FR 26205, May 13, 1977] applicable test method. Bach run shall be conducted for the time and under the conditions specified in the applicable standard. For the purpoee of determin (c) The opacity standards set forth in this part shall apply at all times except during periods of startup, shutdown, mal ing compliance with an applicable function, and as otherwise provided in standard, the arithmetic means of re the applicable standard. sults of the three runs shall apply. In <d) At all times, including periods of the event that a sample is accidentally startup, shutdown, and malfunction, lost or conditions occur in which one of owners and operators shall, to the extent the three runs must be discontinued be- practicable, maintain and operate any [40 FR 58415, December 16, 1975] 8 604 Performance chose of forced shutdown, failure of an affected facility Including associated air irreplaceable portion of the sample pollution control equipment in a manner train, extreme meteorological conditions, consistent with good air pollution control (a) Within 60 days after achieving the or other circumstances, beyond the practice for minimising emissions. De martmran production rate at which the owner or operator's control, compliance termination of whether acceptable oper- Environment Reporter [Sec. 60.11(d)] 22 ucc 050403 STATIONARY SOURCES S-348 121:0405 iting and maintenance procedure; are being used will be based on information available to the Administrator which may include, but is not limited to. monitoring results, opacity observations, review of operating and maintenance procedures, and inspection of the source. (c)(1) An owner or operator of an af fected facility may request the Administrator to determine opacity of emissions from the aflccted facility during the initial perfor mance tests required by Sec. 60.8. (2) Upon receipt from such owner or operator of the written report of the re sults of the performance tests required by ! 60.8, the Administrator win make a finding concerning compliance with opacity and other applicable standards. 11 the Administrate^ finds that an af fected facility is in compliance with all applicable standards-for which perform ance tests are conducted in accordance with, ! 60.8 of this part but during the tinsel such performance tests are being conducted fails to meet any applicable opacity standard, he shall notify the owner or operator and advise him that he may petition the Administrator within 10 days of receipt of notification to make appropriate adjustment to the opacity standard for the affected facility. (3) The Administrator will grant such a petition upon a demonstration by the owner or operator that the affected fa cility and associated air pollution con trol equipment was operated and main tained in. a, manner to minimise the opacity of emissions during the perform ance tests; that the performance tests were performed under the conditions es tablished by the Administrator; and that the affected facility and associated air pollution control equipment were In capable of being adjusted or operated to meet the applicable opacity standard. (4) The Administrator will establish an opacity standard for the affected facility meeting the above requirements at a level at which the source will be able, as indicated by the performance and opacity tests, to meet the opacity standard at all times during which the source is meeting the mass or concentra tion emission standard. The Adminis trator will promulgate the new opacity standard in the Franai. Raamaa. (39 FR 39872, November 12, 1974] 60.12 Circumvention. No owner or operator subject to the provisions of this part ahaU bulld, erect, install, or use any article, machine, equipment or process, the use of which conceals an emiaaico which would other wise constitute a violation of an-applica ble standard. Such concealment In cludes, but Js-not limited to, the use of gaseous diluents to achieve- ccropllanos with an opacity standard o> with a standard which is based on the concen tration of a pollutant In the gases dis charged to the atmosphere. g 60.13 Monitoring requirements. [40 FR 462S0, October 6, 1975] (a) Unless otherwise approved by the Administrator or specified in applicable subparts, the requirements of this sec tion shall apply to all continuous monl- tonng systems required under applicable subparts. tb) All continuous monitoring systems and monitoring devices shall be installed and operational prior to conducting per formance tests under S 60.8. Verification of operational status shall, as a mini mum, consist of the following: (1) For continuous monito'-uig sys tems referenced in parnjr*pn (c) (1) of this section. cn-r.pieuon of the condi tioning rt.iod specified by applicable requirements in Appendix B. (2> For continuous monitoring sys tems referenced in paragraph (c> (2) at this section, completion of seven days of operation. (3) For monitoring devices referenced in applicable subparts, completion of the manufacturer's written requirements or recommendations for checking the op eration or calibration of the device. (c) During any performance tests required under $ 60.8 or within 30 days thereafter and at such other-times as may be required by the Administrator under section 114 of the Act, thdiowner or operator of any affected facility shall conduct continuous monitoring system performance evaluations and furnish the Administrator within 60 days thereof two or. upon request, more copies of a written report of the results of such tests. These continuous monitoring system perform ance evaluations shall be conducted in accordance with the following specifica tions and procedures: (1) Continuous monitoring systems listed within this paragraph except as provided in paragraph (c) (2) of this sec tion Shan be evaluated in accordance with the requirements and procedures contained in the applicable perform ance specification of Appendix. B as follows: (I) Continuous monitoring systems for measuring opacity of emissions shall comply with Performance Specification 1. (II) Continuous monitoring systems for measuring nitrogen oxides emissions shaU comply with Performance Specifi cation 2. (ill) Continuous monitoring systems for measuring sulfur dioxide emissions shall comply with Performance Specification 2. (iv> Continuous monitoring systems for measuring the oxygen content or carbon dioxide content of effluent gases shall comply with Performance Specification 3. (3) An owner or operator who, prior to September 11, 1974, entered into a binding contractual obligation to pur chase specific continuous monitoring system components except as referenced by paragraph (c) (2) (ill) of this section shall comply with the following require ments: (i) Continuous monitoring systems for measuring opacity of emissions shall be capable of measuring emission levels within 30 percent with a confidence level of 95 percent. The Calibration Error Test and associated calculation proce dures set forth in Performance Specifi cation 1 of Appendix B shall be used for demonstrating compliance with this specification. (A) Continuous monitoring systems for measurement of nitrogen oxides or sulfur dioxide shall be capable of meas uring emission levels within 20 percent with a confidence level of 95 percent. The Calibration Error Test, the Field Test for Accuracy (Relative), and associated operating and calculation procedures set forth in Performance p~-iflcation 2 of B snail De used for demon strating compliance with this specifica tion. (ill) Owners or operators of all con tinuous monitoring systems installed on an affected facility prior to October 6, 1975, are not required to conduct tests under paragraphs (c) (2) (i) and/or (ii) of this section unless requested by the Administra tor. (3) All continuous monitoring systems referenced by paragraph (c) (2) of this section shall be upgraded or replaced < if necessary) with new continuous moni toring systems, and the new or unproved systems shall be demonstrated to com ply with applicable performance speci fications under paragraph (c)(1) of this section on or before September 11, 1979. (42 FR 5936, January 31. 1977] (d) Owners or operators of all con tinuous monitoring systems installed in accordance with the provisions- of this part shall check the zero and span drift at least once daily in accordance with the method prescribed by the manufac turer of such systems unless the manu facturer recommends adjustments at shorter intervals, in which case such recommendations shall be followed. The zero and span shall, as a minimum, be adjusted whenever the 24-hour zero drift or 24-hour^ calibration drift limits of the applicable performance specifications in Appendix B are exceeded. Fbr continuous monitoring systems measuring opacity of emissions, the optical surfaces exposed to the effluent gases shall be cleaned prior to performing the zero or span drift ad justments except that for systems using automatic zero adjustments, the optical surfaces shall be cleaned when the cum ulative automatic zero compensation ex ceeds four percent opacity. Unless other wise approved by the Administrator, the following procedures, as applicable, shall be followed: (1) For extractive continuous moni toring systems measuring gases, mini mum procedures shall include introduc ing applicable zero and span gas mixtures Into the measurement system as near the probe as Is practical. Span and zero gases certified by their manufacturer to be traceable to National Bureau of Stand ards reference gases shall be used when ever these reference gases are available. The span and zero gas mixtures shall be the same composition as specified in Ap pendix B of this part. Every six months from date of manufacture, span and zero gases shall be reanalyzed by conducting triplicate analyzes with Reference Meth ods 6 for SO,. 7 for NO., and 3 for Oand CO,, respectively. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by the manufacturer. (2) For non-extractive continuous monitoring systems measuring gases, minimum procedures shall Include up scale check (s) using a certified calibra- 5-20-77 Copyright 1977 by The Bureau of Notional Affair s, Inc. [Sec. 60.13(d)(2H 17 121:0406 FEDERAL REGULATIONS tion gas cell or "test cell which Is func tionally equivalent to a known gas con centration. The zero check may be per formed by computing the zero value from upscale measurements or by mechani cally producing a zero condition. 13) Far continuous monitoring systems measuring opacity of emissions, mini mum procedures shall Include a method for producing a simulated zero opacity condition and an upscale ispan) opacity condition using a certified neutral den sity filter or other related technique to produce a known obscuration of the light beam. Such procedures shall provide a system check of the analyzer internal optical surfaces and all electronic cir cuitry including the lamp and photode tector assembly. (ei Except for system breakdowns, re pairs, calibration checks, and zero and span adjustments required under para graph (d) of this section, all continuous monitoring systems shall be in contin uous operation and shall meet minimum frequency of operation requirements as follows: (1) All continuous monitoring sys tems referenced by paragraphs (c)(1) and (c> (2) of this section for measuring opacity of emissions shall complete a minimum of one cycle of sampling and analyzing for each successive ten-second period and one cycle of data recording for each successive six-minute period. [42 FR 5936, January 31, 1977] (2) All continuous monitoring systems referenced by paragraph (c)(1) of this section for measuring oxides of nitrogen, sulfur dioxide, carbon dioxide, or oxygen shall complete a minimum of one cycle of operation (sampling, analyzing, and data recording) for each successive 15minute period. (3) All continuous monitoring systems referenced by paragraph (c) (2) of this section, except opacity, shall complete a minimum of one cycle of operation (sam pling, analyzing, and data recording) for each successive one-hour period. (f) Ail continuous monitoring systems or monitoring devices shall be installed such that representative measurements of emissions or process parameters from the affected facility are obtained. Addi tional procedures for location of contin uous monitoring systems contained in the applicable Performance Specifica tions of Appendix B of this part shall be used. (g) When the effluent* from a single affected facility or two or more affected facilities subject to the same emission standards are combined before being re leased to the atmosphere, the owner or operator may install applicable contin uous monitoring systems on each effluent or on the combined effluent. When the af fected facilities are not subject to the same emission standards, separate con tinuous monitoring systems shall be in stalled on each effluent. When the efflu ent from one affected facility is released to the atmosphere through more than one point, the owner or operator shall Install applicable continuous monitoring systems on each separate effluent unless the installation of fewer systems is ap proved by the Administrator. (h) Owners or operators of all con tinuous monitoring systems for measure requirements in Performance Specifica ment of opacity shall reduce all data to tion l. The Administrator may require six-minute averages and for systems that such demonstration be performed other than opacity to one-hour averages for each affected facility. for time periods under 5 60 2 (x) and (r) (a) Alternative monitoring require respectively. Slx-mlnute opacity averages ments when the effluent from a single shall be calculated from 24 or more data affected facility or the combined points equally spaced over each slx- from two o'- --Aected facilities are mlnute period. or systems other than released to the atmosphere through more opacity, one-hour averages shall be com than one point. puted from four or more d".t,, points equally spaced over one-hour pe 60.14 Modification. riod. Data records during periods of sys tem breakdowns, repairs, calibration checks, and zero and span adjustments shall not be Included In the data averages computed under this paragraph. An arithmetic or integrated average of all data may be used. The data output of- all continuous monitoring systems may be recorded in reduced or nonreduced form (e.g. ppm pollutant and percent O, or lb/milllon Btu of pollutant)! All excess emissions shall be converted Into units of the standard using the applicable con version procedures specified in subparts. After conversion into units of the stand ard, the data may be rounded tb the same number of significant digits used in sub parts to specify the applicable standard (e.g., rounded to the nearest one percent opacity). (a) Except as provided under para graphs (d), (e) and (f) of this section, any physical or operational change to an existing facility which results in an increase in the emission rate to the atmosphere of any pollutant to which a standard applies shall be considered a modification within the meaning of sec tion 111 of the Act. Upon modification, an existing facility shall become an af- fected facility for each pollutant to which a standard applies and for which there is an Increase in the emission rate to the atmosphere. (b) Emission rate shall be expressed as % kg/hr of any pollutant discharged into the atmosphere for which a standard Is applicable. The Administrator shall use the following to determine emission rate: (1) Emission factors as specified in (i) Alter receipt and consideration of the latest Issue of "Compilation of Air written application, the Administrator Pollutant Emission Factors," EPA Pub may approve alternatives to any moni lication No. AP-42, or other emission toring procedures or requirements of this part including, but not limited to the following: factors determined by the Administrator to be superior to AP-42 emission factors, in cases where utilization of emission factors demonstrate that the emission [41 FR 35185, August 20, 1976) level resulting from the physical or op erational change will either clearly in (1) Alternative monitoring require crease or clearly not increase. ments when Installation of a continuous monitoring system or monitoring device specified by this part would not provide accurate measurements due to liquid wa ter or other interferences caused by sub stances with the effluent gases. (2) Alternative monitoring require ments when the affected facility is infre quently operated. (3) Alternative monitoring require ments to accommodate continuous moni toring systems that -require additional measurements to correct for stack mois ture conditions. (4) Alternative locations for installingcontinuous monitoring systems or moni toring devices when the owner or opera tor can demonstrate that installation at alternate locations wilt enable accurate and representative measurements. (5) Alternative methods of converting pollutant concentration measurements to units of the standards. (2) Material balances, continuous monitor data, or manual emission tests in cases where utilization of emission factors as referenced in paragraph (b) (1) of this section does not demonstrate to the Administrator's satisfaction whether the emission level resulting from the physical or operational change will either clearly increase or clearly not in crease, or where an owner or operator demonstrates to the Administrator's satisfaction that there are reasonable grounds to dispute the result obtained by the Administrator utilizing emission fac tors as referenced in paragraph (b)(1) of this section. When the emission rate is based on results from manual emission tests or continuous monitoring systems, the procedures specified in Appendix C of this part shall be used to determine whether an increase in emission rate has occurred. Tests shall be conducted under such conditions as the Administrator (6) Alternative procedures for per shall specify to the owner or operator forming daily checks of zero and span based on representative performance of drift that do not Involve use of span gases the facility. At least three valid test or test cells. runs must be conducted before and at (7) Alternatives to the A.S.T.M. test least three after the physical or opera methods or sampling procedures specified tional change. All operating parameters by any subpart. which may affect emissions must be held (8) Alternative continuous monitor constant to the maximum feasible degree ing systems that do not meet the design for all test runs. or performance requirements in Perform ance Specification 1, Appendix B, but adequately demonstrate a definite and consistent relationship between its meas urements and the measurements of opacity by a system complying with the (c> The addition of an affected facility to a stationary source as an expansion to that source or as a replacement for an existing facility shall not by itself bring within the applicability of this Environment Reporter [Sec. 60.14(cl] Ijrr 050405 STATIONARY SOURCES S-348 121:0407 part any other facility within that source. id) A modification shall not be deemed to occur if an existing facility undergoes a physical or operational change where the owner or operator demonstrates to the Administrator's satisfaction (by any of the procedures prescribed under para graph (b) of this section) that the total emission rate of any pollutant has not lnorenscd from all facilities within the stationary source to which appropriate reference, equivalent, or alternative methods, as defined in 5 60.2 <s), (t) and (u), can be applied. An owner or operator may completely and permanently close any facility within a stationary source to prevent an increase in the total emis sion rate regardless of whether such reference, equivalent or alternative method can be applied, if the decrease in emission rate from such closure can be adequately determined by any of the procedures prescribed under paragraph (b) of this section. The owner or oper ator of the source shall have the burden of demonstrating compliance with this section. *< 1) Such demonstration shall be In writing and shall include: (1) The name and address of the owner or operator. (ii) The location of the stationary source. (iii) A complete description of the ex isting facility undergoing the physical or operational change resulting In an in crease in emission rate, any applicable control system, and the physical or op erational change to such facility. (iv) The emission rates into the at mosphere from the existing facility of each pollutant to which a standard ap plies determined before .and after the physical or operational change takes place, to the extent such information is known or can be predicted. (v) A complete description of each facility and the control systems, if any, for those facilities within the stationary source where the emission rate of each pollutant in question will be decreased to compensate for the increase in emis sion rate from the existing facility un dergoing the physical or operational change. <vi) The emission rates into the at mosphere of the pollutants in question from each facility described "under para graph <d) (1) (v) of this section both be fore and after the improvement or in stallation of any applicable control system or any physical or operational changes to such facilities to reduce emis sion rate ( vil) a complete description of the procedures and methods used to deter mine the emission rates. (2> Compliance with paragraph (d) of this section may be demonstrated bv the methods listed in paragraph (b) of this section, where appropriate. Decreas es in emissions resulting from require ments of a State implementation plan approved or promulgated under Part 52 of this chapter will not be acceptable. The required reduction in emission rate may be accomplished through the instal lation or improvement of a control sys tem or. through physical or operational changes to facilities including reducing the production of a facility or closing a facility. (3) Emission rates established for the existing facility which is undergoing a Physical or operational change resulting in an increase in the emission rate, and established for the facilities described under paragraph <d) (1) (v) of thl* sec tion shall become the baseline for deter mining whether sucb facilities undergo a modification or are in compliance with standards. (4) Any emission rate in excess of that rate established under paragraph (d) <31 of this section shall be a violation of these regulations except as otherwise provided in paragraph (e) of this sec tion. However, any owner or operator electing to demonstrate compliance un der this paragraph (d> must apply to the Administrator to obtain the use of any exemptions under paragraphs (e> (2), (e)(3), and (e)(4) of this section. The Administrator will grant such ex emption only if. In his judgment, the compliance originally demonstrated un der this paragraph will not be circum vented or nullified by the utilization of the exemption. (5) The Administrator may require the use of continuous monitoring devices and compliance with necessary reporting procedures for each facility described in paragraph (dl(l> (ill) and (d)(1) (v) of this section. (e) The following shall not, by them selves, be considered modifications under this part: (1) Maintenance, repair, and replace ment which the Administrator deter mines to be routine for a source category, subject to the provisions of paragraph (c) of this section and { 60,15. (2) An increase in production rate of an existing facility, if that increase can be accomplished without a capital ex penditure on the stationary source con taining that facility. (3) An increase in the hours of opera tion. <4) Use of an alternative fuel or raw material if. prior to the date any stand ard under this part becomes applicable to that source type, as provided by {60.1. the existing facility was designed to ac commodate that alternative use. A facility shall be donsldered to be designed to accommodate an alternative fuel or raw material If that use could be accom plished under the facility's construction specifications, as amended, prior to the change. Conversion to coal required for energy considerations, as specified in sec tion 110(d)(5) of the Act. shall not be considered a modification. (5) The addition or use of any system or device whose primary function is the reduction of air pollutants, except when an emission control system Is removed or Is replaced by a system which the Ad ministrator determines to be less en vironmentally beneficial. (6) The relocation or change in ownership of an existing facility. (f) Special provisions set forth under an applicable subpart of this part shall supersede any conflicting provisions of this section. (g) Within 180 days of the comple tion of any physical or operational change subject to the control measures specified in paragraphs (a) or (d) of this section, compliance with all appli cable standard* be acnievcC, 9 60.15 Reconstruction. (a) An existing facility, upon recon struction, becomes an affected facility, irrespective of any change in -emission rate. (b) "Reconstruction" means the re placement of components of an existing facility to such an extent that: (1) The fixed capital cost of the new components exceeds 50 percent of the fixed capital cost that would be required to construct a comparable entirely new facility, and * (2) It is technologically and econom ically feasible to meet the applicable standards set forth In this part. (c) "Fixed capital cost'b means the capital needed to provide all the de preciable components. (d> If an owner or operator of an existing facility proposes to replace com ponents, and the fixed capital cost of the new components exceeds SO percent of the fixed capital cost that would be re quired to construct a comparable en tirely new facility, he shall notify the Administrator of the proposed replace ments. The notice must be postmarked 60 days (or as soon as practicable) be fore construction of the replacements is commenced and must include the fol lowing information: (1) Name and address of the owner or operator. (2) The location of the existing facil ity. (3) A brief description of the existing facility and the components which are to be replaced. (4) A description of the existing air pollution control equipment and the proposed air pollution control equip ment. (5> An estimate of the fixed capital cost of the replacements and of con structing a comparable entirely new facility. (6) The estimated life of the existing facility alter the replacements. (7) A discussion of any economic or technical limitations the facility may have in complying with the applicable standards of performance after the pro posed replacements. (e> The Administrator will deter mine, within 30 days of the receipt of the notice required by paragraph (d> of this section and any additional information he may reasonably require, whether the proposed replacement constitutes re construction. (f) Hie Administrator's determination under paragraph (e> shall be based on: (1) The fixed capital cost of the re placements in comparison to the fixed capital cost that would be required to construct a comparable entirely new facility: 5-20-77 Copyright 1977 by The Bureau o) National Affoi *, Ine. (Sec. 60.15(0(1)1 19 tJfJC 050406 121:0408 FEDERAL REGULATIONS (2) The estimated life of the facility emission standards contained in a plan Administrator will specify different emis after the replacements compared to the or with any increments of progress to sion guidelines or compliance times or life of a comparable entirely new facility; achieve such compliance. both for different sizes, types, and classes (3) The extent to which the compo nents being replaced cause or contribute to the emissions from the facility: and <4> Any economic or technical limita tions on compliance with applicable standards of performance which are in herent in the proposed replacements. (g) individual subparts of this part may include specific provisions which refine and delimit the concept of recon struction set forth in this section. (h) "Increments of progress" means steps to achieve compliance which must be taken by an owner or operator of a designated facility, including: (1) Submittal of a final control plan for the designated facility to the appro priate air pollution control agency: (2) Awarding of contracts emis sion control systems or 'c, process modi fications, or issuance of orders for- the purchase of component parts to accom plish emission control or process modi of designated facilities when costs of control, physical limitations, geographi cal location, or similar factors make subcategorization appropriate. (6) Sueh ott,;- u.nuaoie information "j the Administrator determines may contribute to the formulation of State plans. (c) Except as provided in paragraph (d) (1) of this section, the emission guide lines and compliance times referred to in paragraph <b) (5) of this section will fication. be proposed for comment upon publica (3) Initiation of on-site construction tion of the draft guideline document, Subpart B--Adoption and Submittal of State Plan's for Designated Facilities or Installation of emission control equip and after consideration of comments will ment or process change; be promulgated in Subpart C of tills part 140 FR 53340, November 17. 1975| - <4) Completion of on-site construc with such modifications as may be ap tion or installation of emission control propriate. 60.20 Applicability, The provisions of this subpart apply to States upon publication of a final guideline document under {60.22(a). g 60.21 Definitions. Terms used but not defined In this subpart shall have the meaning given them In the Act and in subpart A: (a) "Designated pollutant" means any air pollutant, emissions of which are subject to a standard of performance for new stationary sources but for which air quality criteria have not been issued, and which is not included on a list pub lished under section 108(a) or section 112(b) (l) (A) of the Act. (b) "Designated facility" means any equipment or process change; and (5) Final compliance. (1) "Region" means an air quality con trol region designated under section 107 of the Act and described in Part 81 of this chapter. (j) "Local agency" means any local governmental agency. 60.22 Publication of guideline docu ment*, emission guidelines, and final compliance times. (a) After promulgation of a standard of performance for the control of a des ignated pollutant from affected facilities, the Administrator will publish a draft guideline document containing informa tion pertinent to. control of the desig nated pollutant from designated facil ities. Notice of the availability of the draft guideline document will be pub (d) (1) If the Administrator determine* that a designated pollutant may cause or contribute to endangerment of public welfare, but that adverse effects on pub lic health have not been demonstrated, he will Include the determination in the draft guideline document and in the Fed eral Register notice of its availability Except as provided in paragraph (d) (2i O! this section, paragraph (c) of this section shall be inapplicable in such cases. (2) If the Administrator determines at any time on the basis of new information that a prior determination under para graph (d) (1) of this section is incorrect or no longer correct, he will publish notice of the determination in the Fed eral Register, revise the guideline docu ment as necessary under paragraph (at of this section, and propose and promul existing facility (see 8 60.2(aa)) which lished in the Federal Rsoistxr, and pub gate emission guidelines and compliance emits a designated pollutant and which lic comments on its contents will be In times under paragraph (c) of this would be subject to a standard of per vited. After consideration of public com section. formance for that pollutant if the exist ing facility were an affected facility (see {60.3(e)). (c) "Plan" means a plan under sec tion 111(d) of the Act which establishes emission standards for designated pol lutants from designated facilities and provides for the implementation and enforcement of such emission standards. (d) "Applicable plan" means the plan, or most recent revision thereof, which has been approved under {60.27 (b) or promulgated under { 60.27(d). (e) "Emission guideline" means a guideline set forth in subpart C of this part, or in a final guideline document published under S 60.22(a). which re flects the degree of emission reduction achievable through the application of the best system of emission reduction which (taking into account the cost of such reduction) the Administrator has de termined has been adequately demon strated for designated facilities, ments. a final guideline document will be published and notice of its availability will be published in the Federal Register. (b) Guideline documents published under this section will provide informa tion for the development of State plans, such as: (1) Information concerning known or suspected endangerment of public health or welfare caused, or contributed to, by the designated pollutant. (2) A description of systems of emis sion reduction which, in the judgment of the Administrator, have been ade quately demonstrated. 60.23 Adoption and submittal of State plans; public hearings. (a) (1) Within nine months after no tice of the availability of a final guide line document Is published under 5 60,22 (a), each State shall adopt and submit to the Administrator, in accordance with { 60.4, a plan for the control of the desig nated pollutant to which the guideline document applies. (2) Within nine months after notice of the availability of a final revised guide line document is published as provided In { 60.22(d)(2), each State shall adopt and submit to the Administrator any (3) Information on the degree of emis sion reduction which is achievable with each system, together with information on the costs and environmental effects of applying each system to designated fa cilities. plan revision necessary to meet the re quirements of this subpart. (b) If no designated facility is located within a State, the State shall submit a letter of certification to that effect to the Administrator within the time spe cified in paragraph (a) of this section. (4) Incremental periods of time nor Such certification shall exempt the State mally expected to be necessary for the from the requirements of this subpart (f) "Emission standard" means a design, installation, and startup of Iden for that designated pollutant. legally enforceable regulation setting tified control systems. (c) (1) Except as provided in para forth an allowable rate of emissions Into (5) An emission guideline that reflects graphs (c) (2) and (c) (3) of this section, the atmosphere, or prescribing equip the application of the best system of the State shall, prior to the adoption of ment specifications for control of air pol emission reduction (considering the cost any plan or revision thereof, conduct lution emissions. of such reduction) that has been ade one or more public hearings within the (g) "Compliance schedule" means a quately demonstrated for designated fa State on such plan or plan revision. legally enforceable schedule specifying cilities. and the time within which com (2) No hearing shall be required for a date or dates by which a source or cate pliance with emission standards of equiv any change to an increment of progress gory or sources must comply with specific alent stringency can be achieved. The in an approved compliance schedule un~ Environment Reporter (Sec. 60.23(c)(2)] ucc 050407 20 STATIONARY SOURCES S-34S 121:0409 less the change Is likely to cause the facility to be unable to comply with the final compliance date in the schedule. (3) No hearing shall be required on an emission standard in effect prior to the effective date of this subpart if it was adopted after a public hearing and is at least as stringent as the corresponding emission guideline specified in the appli cable guideline document published under $ 60.22(a). (d) Any hearing required by para graph (c) of this section shall be held only after reasonable notice. Notice shall be given at least 30 days prior to the date of such hearing and shall include: (1) Notification to the public by prominently advertising the date, time, and place of such hearing in each region affected; (2) Availability, at the time of public announcement, of each proposed plan or revision thereof for public inspection in at least one location in each region to which it will apply; (3) Notification to the Administrator; (4) Notification to each local air pol lution control agency in each region to which the plan or revision will apply; and (5) In the case of an interstate re gion. notification to any other State in cluded in the region. (e) The State shall prepare and retain, for a minimum of 2 years, a record of each hearing for inspection by any inter ested party. The record shall contain, as a minimum, a list of witnesses together with the text of each presentation. (f) The State shall submit with the plan or revision: (1) Certification that each hearing re quired by paragraph (c) of this section was held in accordance with the notice required by paragraph (d) of this sec tion; and (2) A list of witnesses and their orga nizational affiliations, if any, appearing at the hearing and a brief written sum mary of each presentation or written submission. (g) Upon written application by a State agency (through the appropriate Regional Office), the Administrator may approve State procedures designed to in sure public participation in the matters for which hearings are required and pub lic notification of the opportunity to par ticipate if, in the judgment of the Ad ministrator, the procedures, although different from the requirements of this subpart, in fact provide for adequate notice to and participation of the public. The Administrator may impose such con ditions on his approval as he deems necessary. Procedures approved under this section shall be deemed to satisfy the requirements of this subpart regarding procedures for public hearings. 60.24 Emission standards and compli ance schedules- (a) Each plan shall include emission standards and compliance schedules. (b)(1) Emission standards shall pre scribe allowable rates of emissions except when it is clearly impracticable. Such cases will be identified in the guideline documents issued under 60.22. Where emission standards prescribing equip ment specifications are established, the Plan shall, to the degree possible, set forth the emission reductions achievable by implementation of such specifications, and may permit compliance by the use of equipment determined by the S^dte to be equivalent to that prescribed, (2) Test methods r>d procedures for determining compliance with the emis sion standards shall be specified in the Plan. Methods other than those specified in Appendix A to this part may be speci fied in the plan 11 shown to be equivalent or alternative methods as defined in { 60.2 (t) and (u>. (3) Emission standards shall apply to all designated facilities within the State. A plan may contain emission standards adopted by local Jurisdictions provided that -the standards are enforceable by the State. (c) Except as provided in paragraph (f> of this section, where the Adminis trator has determined that a designated pollutant may cause or contribute to endangermeni of public health, emission standards shall be no less stringent than the corresponding emission guideline(s) specified in subpart C of this part, and final compliance shall be required as ex peditiously as practicable but no later than the compliance times specified in Subpart C. (d) Where the Administrator has de termined that a designated pollutant may cause or contribute to endangerment of public welfare but that adverse ef fects on public health have not been demonstrated. States may balance the emission guidelines, compliance time;, and other information provided in the applicable guideline document against other factors of public concern in estab lishing emission standards, compliance schedules, and variances. Appropriate consideration shall be given to the fac tors specified in $ 60.22(b) and to infor mation presented at the public hearing(s) conducted under ( 60.23(c). (e) (1) Any compliance schedule ex tending more than 12 months from the date required for submittal of the plan shall include legally enforceable incre ments of progress to achieve compliance for each designated facility or category of facilities. Increments of progress shall include, where practicable, each Incre ment of progress specified In 3 60.21(h) and shall include such additional in crements of progress as may be necessary to permit close and effective supervision of progress toward final compliance. (2) A plan may provide that compli ance schedules for individual sources or categories of sources will be formulated after plan submittal. Any such schedule shall be the subject of a public hearing held according to'! 60.23 and shall. be submitted to the Administrator within 60 days after the date of adoption of the schedule but in no case later than the date prescribed for submittal of the first semiannual report required by $ 60.25(e). (f) On a case-by-case basis for par ticular designated facilities, or classes of facilities. States may provide for the ap plication of less stringent emission standards or longer compliance schedules than those otherwise required by para graph (c) of this section provided that the l-.nuusi.rH.wjS with respec, to each such facility (or class of facilities) : (1) Unreasonable cost of control re sulting from plant age, location, or basic process design; (2) Physical impossibility of installing necessary control-equipment; or (3) Other factors specific to the facility (or class of facilities) that make applica tion of a less stringent standard or final compliance time significantly more rea sonable. > (g> Nothing in this subpart shall be construed to preclude any State or po litical subdivisionithereof from adopting or enforcing (1) emission standards more stringent than emission guidelines specified in subpart C of this part or in applicable guideline documents or (2) compliance schedules requiring final compliance at earlier times than those speefied in subpart C or in applicable guideline documents. 60.25 Fmi**ion inventories, *ourcs surveillance, reports. (a) Each plan shall include an inven tory of all designated facilities, including emission data lor the designated pollut ants and information related to emissions as specified in Appendix D to this part. Such data shall be summarized in the plan, and emission rates of designated pollutants from designated facilities shall be correlated with applicable emission standards. As used in this subpart, "cor related" means presented in such a man ner as to show the relationship between measured or estimated amounts of emis sions and the amounts of such emissions allowable under applicable emission standards. - (b) Each plan shall provide for moni toring the status of compliance with ap plicable emission standards. Each plan shall, as a minimum, provide for: (1) Legally enforceable procedures for requiring owners or operators of desig nated facilities to maintain records and periodically report to the State informa tion on the nature and amount of emis sions from such facilities, and/or such other information as may be necessary to enable the State to determine whether such facilities are in compliance with ap plicable portions of the plan. (2) Periodic Inspection and, when ap plicable, testing of designated facilities. (c) Each plan shall provide that in formation obtained by the State under paragraph (b) of this section shall be correlated with applicable emission standards (see 1 60.25(a)) and made available to the general public. (d> The provisions referred to in par agraphs (b) and (c) of this section shall be specifically identified. Copies of such provisions shun be submitted with the p)en unless: 5-20-77 Copyright 1977 b/ The Bureow of Notional Affairs, Ine. [Sac. 60.25(d)] UCC 050408 21 .21:0410 FEDERAL REGULATIONS (1) They have been approved as por tions of a preceding plan submitted un der this subpart or as portions of an Implementation plan submitted under section 110 of the Act, and (2> The State demonstrates: (1) That the provisions are applicable to the designated pollutant(s) for which the plan is submitted, and <il> That the requirements of i 60.26 are met. (e> The State si.all submit reports on progress in plan enforcement to the Ad ministrator on a semiannual basis, com mencing with the first full report period after approval of a plan or after promul gation of a plan by the Administrator. The semiannual periods are January 1- June 30 and July 1-December 31. Infor mation required under this paragraph shall be included In the semiannual re ports required by i 51.7 of this chapter. (f) Each progress report shall include: (1) Enforcement actions initiated against designated facilities during the reporting period, under any emission standard or compliance schedule of the plan. (2) Identification of the achievement of any Increment of progress required by the applicable plan during the reporting period. (3) Identification of designated facili ties that have ceased operation during the reporting period. (4) Submission of emission inventory data as described in paragraph (a) of this section for designated facilities that were not in operation at the time of plan development but began operation during the reporting period. (5) Submission of additional data as necessary to update the information sub mitted under paragraph (a) of this sec tion or in previous progress reports. (6) Submission of copies ,of technical reports on all performance testing on designated facilities conducted under paragraph (b) (2) of this section, com plete with concurrently recorded process data. 64-26 Legal authority. (a) Each plan shall show that the State has legal authority to carry out the plan. Including authority to: (1) Adopt emission standards and compliance schedules applicable to des ignated facilities. (2) Enforce applicable laws, regula tions, standards, and compliance sched ules, and seek injunctive relief. (3) Obtain Information necessary to determine whether designated facilities are in compliance with applicable laws, regulations, standards, and compliance schedules, including authority to require recordkeeping and to make Inspections and conduct tests of designated facilities. (4) Require owners or operators of designated facilities to Install, maintain, and use emission monitoring devices and to make periodic reports to the State on the nature and amounts of emissions from such facilities; also authority for the State to make such data available to the public as reported and as correlated with applicable emission standards. <b> The provisions of law or regula tions which the State determines provide the authorities required by this section shall be specifically identified. Copies of such laws or regulations shall be sub mitted with the plan unless; (1) They have been approved as por tions of a preceding plan submitted under this subpart or as por^t.ia of an implementation plan submitted under section 110 of the Act, and (2) The State demonstrates that the laws or regulations are applicable to the designated pollutantrs) for which the plan is submitted. (c) The plan shall show that the legal authorities specified in this section are available to the State at the time of sub mission of the plan. Legal authority ade quate to meet the requirements of para graphs (a) (3) and (4) of this section may be delegated to the State under sec tion 114 of the Act. <d) A State governmental agency other than the State air pollution con trol agency may be assigned responsibil ity for carrying out a portion of a plan if the plan demonstrates to the Admin istrator's satisfaction that the State gov ernmental agency has the legal authority necessary to carry out that portion of the plan. (e) The State may authorize a local agency to carry out a plan, or portion thereof, within the local agency's juris diction if the plan demonstrates to the Administrator's satisfaction that the local agency has the legal authority nec essary to implement the plan or portion thereof, and that the authorization does not relieve the State of responsibility under the Act for carrying out the plan or portion thereof. 60.27 Actions by the Administrator. (a) The Administrator may, whenever he determines necessary, extend the pe riod for submission of any plan ar plan revision or portion thereof. (b) After receipt of a plan or plan re vision, the Administrator will propose the plan or revision for approval or dis approval. The Administrator will, within four months after the date required for submission of a plan or plan revision, approve or disapprove such plan or revi sion or each portion thereof. (c) The Administrator will, after con sideration of any State hearing record, promptly prepare and publish proposed regulations setting forth a plan, or por tion thereof, for a State If: (1) The State falls to submit a plan within the time prescribed; (2) The 8tate fails to submit a plan revision required by I 60.23(a) (2) within the time prescribed; or (3) The Administrator disapproves the State plan or plan revision or any por tion thereof, as unsatisfactory because the requirements of this subpart have not been met. <d> The Administrator will, within six months after the date required for sub mission of a plan or plan revision, promulgate the regulations proposed un der paragraph (c> of this section with such modifications aa may be appropriate unless, prior to such promulgator., State has ana submitted a plan **r plan revision which the Administra tor determines to be approvable. (e) (1) Except as provided in para graph (e) (2) of this section, regulations proposed and promulgated by the Admin istrator under this section win prescribe emission standards of the same strin gency as the corresponding emission guideline(s) specified in the final guide line document published under 60.22(a) and wDl require final compliance with such standards as expeditiously as prac ticable but no later than the times speci fied in the guideline document. (2)*TJpon application by the owner or operator of a designated facility to which regulations proposed and promulgated under this section will apply, the Ad ministrator may provide for the appli cation^ less stringent emission stand ards or longer compliance schedules than those otherwise required by-this section In accordance with the criteria specified ini 60.24(f). (f) If a State failed to hold a public hearing as required by 160.23(c), the Administrator will provide opportunity for a hearing within the State prior to promulgation of a plan under paragraph (d) of this section. 60.28 . Plan revisions by the Stale. (a) Plan revisions which have the effect of delaying compliance with ap plicable emission standards or incre ments of progress or .of establishing less stringent emission standards shall be submitted to the Administrator within 60 days after adoption in accordance with the procedures and requirements appli cable to development and submission of the original plan. (b> More stringent emission standards, or orders which have the effect of ac celerating compliance, may be submitted to the Administrator as plan revisions in accordance with the procedures and requirements applicable to development and submission of the original plan. (c) A revision of a plan, or any portion thereof, shall not be considered part of an applicable plan until approved by the Administrator in accordance with this subpart. g 60.29 Plan revisions by the Adminis trator. After notice and opportunity for pub lic hearing in each affected State, the Administrator may revise any provision of an applicable plan if: (a) The provision was promulgated by the Administrator, and (b) The plan, as revised, will be con sistent with the Act and with the require ments of this subpart. Environment Reporter (Sac. 60.29(b)] UCC 050409 22 r STATIONARY SOURCES S-359 121:0410a Subpart D--Standard* of Performance percent opacity shell be permissible for for Fostll-Fuol Fired Steam Generators not more then 2 minutes In any hour. g(86) + y( 130) -r i(300) PSno. x+y+t g 60.40 Applicability end designation of affected facility. (a) Hie effected facilities to which the provisions of this subpartapply ere: (1) Eech foesilloeMlnd steam gener ating unit of more then 73 megawetts heat input rate (360 million Btu per hour). (2) Eech fossil fuel end wood residuefired steam generating unit capable of firing fossil fuel at a heat Input rate of morethan 73 megawatts (250 million Btu per hour). (b) Any change to an existing fossil fuel-fired steam generating unit to ac commodate the use ot combustible mate rials. other than fossil fuels as defined In this subpart, shall not bring that unit under the applicability of this subpart. [41 FR 51397, November 22, 1976] 8 60.41 Definitions. As used in this subpart', all terms not defined herein sh&h have the meaning given them in the Act. and In subpart A of thla:part. (a) "Fossil fuel-fired steam generat ing unit" mean* a furnace or boiler used in the process of burning fossil fuel for the purpose of producing steam by heat transfer, (b) "Fossil fuel" means natural gas. petroleum, coal, and any form of solid liquid, or gaseous fuel derived from such, materials for the purpose of creatinguse ful heat. [39 FR 20790, June 14, 1974] (c) "Coal refuse" means waste-prod ucts of coal mining, cleaning, and coal preparation operations (e.g. culm, gob, etc.) containing coal, matrix, material, clay^^nd other organic and inorganic material. [40 FR 2803, January 16, 1975] (d> "Fossil fuel and wood residue-fired steam generating unit" means a furnace or boiler used in the process of burning fossil fuel and wood residue for the pur pose of producing steam by heat transfer. (e) "Wood residue" means bark, saw dust, slabs, chips, shavings, mill trim, and other wood products derived from wood processing and.forest management operations. [41 FR 51397, November 22. 19761 8 64.42 Stialud for paniculate matter. (a) On and after the date cm which the performance test required to be con ducted by I 60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged Into the atmosphere from any affected facility any gases which: (1) Contain particulate matter In ex cess of 43 nanograms per joule heat in put (0.10 lb per million Btu) derived from fossil fuel or fossil fuel and wood residue. [41 FR 51397, November 22, 1976] (2) Exhibit greater than 20 percent opacity except that a maximum of 40 8 60.43 Standard for sulfur dioxide. (a) On and after the date on which the performance test required to be con ducted by i 60.8 is completed, no owner or operator subject to the provisions nf this subpart shall cause to be discharged into the atmosphere from any affected facility any gases which contain sulfur dioxide )" excess of: (1) 340 nanograins per joule heat in put (0.80 lb per miiiinm Btu) derived from liquid fossil fuel or liquid fossil fuel and wood residue. (2) 520 nanograms per Joule heat In put (1.2 lb per million Btu) derived from solid fossil fuel or solid fossil fuel and wood residue. J3>) VBbeai dfifoau* fossil fnehf are borhed stmifitimeoasiy tt any combina tion, the applicable standard (in ng/J) ahull be determined by proratkm ualng the following formula: Ot y(340y)-+l-sg(520) where; PSsoi is the prorated standard for sulfur dioxide when burning different fuels simultaneously, in nanograms per joule heat input derived from all fossil fuela fired or from all foaail fuels and wood residue fired, y is the percentage of total heat input derived from liquid foaail fuel, and * is the percentage of total heat input derived from solid foeail fuel. [41 FR 51397, November 22, 1976] (c) Compliance shall be based on the total heat Input from all fossil fuels burned. Including gaseous fuels. [39,FR 20790, June 14, 1974] 8 60.44 Standard for nitrogen oxides. (a) On and after the date on which the performance test required to be con ducted by { 60.8 is completed, no owner or operator subject to the provisions of this subpart shall cause to be discharged into the atmosphere from any affected facility any gases which contain nitro gen oxides, expressed as NO, in excess of' (1) 88 nanograms per joule heat input (0.20 lb per million Btu) derived from gaseous fossil fuel or gaseous fossil fuel and wood residue. (2) 130 nanograms per joule heat in put (0.30 lb per million Btu) derived from liquid fossil fuel or liquid fossil fuel and wood residue. (3) 300 nanograms per joule heat in put (0.70 lb per million Btu) derived from solid fossil fuql or solid fossil fuel and wood residue (except lignite or a solid fossil fuel containing 26 percent, by weight, or more of coal'refuse).. (b) When different fossil fuels are burned simultaneously in any combina tion, the applicable standard* (In ng/J) shall be determined by proratlon. Com pliance shall be determined by using the following formula: where: PSno, is the prorated standard for nitro- ?;en oxides when burning different uels simultaneously, m nanograms Der h. i..^ut derived -----all fossil fuels fired or from all fossil fuels and wood residue fired, x is the percentage of total heat input derived from gaseous fossil fuel, y is the percentage of total heat input derived from liquid foeail fuel, and x is the percentage of total heat input derived from solid fossil fuel (exeept lignite or a solid fossil fuel containing 25 percent, by weight, or more of coal refuse). When lignite or a solid fossil fuel con-* taming 25 percent, by weight, or more of- coal refuse is burned In combination with gaseous, liquid, other solid fossil fuel, or wood residue, the standard for nitrogen oxides does ni*ot apply. [41 FR 51397, November 23 im..' 60,45 Emission and fuel monitoring. [Paragraphs (a)-(e> revised by 42 FR 5936, January 31, 1977] (a) Each owner or operator shall in stall, calibrate, maintain, and operate continuous monitoring systems for meas uring the opacity of emissions, sulfur dioxide emissions, nitrogen oxides emis sions, and either oxygen or carbon di oxide except as provided in paragraph (b) of this section. (b) Certain of the continuous moni toring system requirements under para graph (a) of this section do not apply to owners or operators under the follow ing conditions: (1) For a fossil fuel-fired steam gen erator that burns only gaseous fossil fuel, continuous monitoring systems for measuring the opacity of emissions and sulfur dioxide emissions are not re quired (2) For a fossil fuel-fired steam gen erator that does not use a flue gas de sulfurization device, a continuous moni toring system for measuring sulfur di oxide emissions is not required if the owner or operator monitors sulfur di oxide emissions by fuel sampling and analysis under paragraph <d> of this section. .(3) Notwithstanding ! 60.13(b), in stallation of a continuous monitoring system for nitrogen oxides may be de layed until after the initial performance tests under f 60.8 have been conducted. If the owner or operator demonstrates during the performance test that emis sions of nitrogen oxides are less than 70 percent of the applicable standards in 1 60.44, a continuous monitoring system for measuring nitrogen oxides emissions' Is not required. If the initial performance test results show that nitrogen oxide emissions are greater than 70 percent of the applicable standard, the owner or operator shall Install a continuous moni toring system for nitrogen oxides within one year after the date of the Initial per formance tests under I 60.8 and comply with all other applicable monitoring re quirements under this part, 8-12-77 Copyright 1977 by The Bureau of Notional Affai s, Inc. [S*c. 60.45(b)(3)] 23 ucc 050410 121:04106 FEDERAL REGULATIONS (4) II an owner or operator does not any continuous monitoring sys tems lor sulfur oxides and nitrogen ox ides. as provided under paragraphs (b) il) and (b)(3) or paragraphs (b)(3) and (b)(3) of this section a continuous monitoring system for measuring either oxygen or carbon dioxide is not required. (c) For performance evaluations un der i 60.13(c) and calibration checks under 160.13(d). the following proce dures shall be used: (1) Reference Methods 6 or 7, as ap plicable. shall be used for conducting performance evaluations of sulfur diox ide and nitrogen oxides continuous mon itoring systems. (3) Sulfur dioxide or nitric oxide, as applicable, shall be used for preparing calibration gas mixtures under Perform ance Specification 3 of Appendix B to this part. (3) For affected facilities burning fos sil fuel(s), the span value for a continu ous monitoring system measuring the opacity of emissions shall be 80. 90, or 100 percent and for a continuous moni toring system measuring sulfur oxides or nitrogen oxides the span value shall be determined as follows: tin puts pw minimi used when measurements are on a wet basis. When measurements are on a dry basis, the following conversion procedure shall be used: 20,9 ~1 20.9--percent OjJ where: X, C. T. and %0, are determined un*;. para graph (t) of this section. (3) When a continuous monitoring system for measuring carbon dioxide is selected, the measurement of the pol lutant concentration and carbon dioxide concentration shall each be on a con sistent basis (wet or dry) and the fol lowing conversion procedure shall be used: E-cr-[iJcoJ where: E, C. r, and a CO, are determined under paragraph (f) of this section. * (f) The values used in the equations under paragraphs (e) (1) and (3) of this section are derived as follows: (1) =pollutant emissions, ng/J (lb/ million Btu). (4) F, F, = a factor representing a ratio of the volume of dry flue gases generated to the calorific value of the fuel combusted (F), and a factor repre senting a ratio of the volume of carbon dioxide generated In the calorific "")ue of of the fuel rnmbuetcu tvr, respectivelv. values of F and F, are given as fol lows: (i) For anthracite coal as classified according to AJS.T.M. D 388-66, F= 2.723 X10'T dscm/J (10,140 dscf/million Btu) and F.=0-532X10-' sem COJJ (1.980 scl CO,/million Btu). (Li) For subbltumlnous and bituminous coal as-classified according to A.S.T.M. D 388-66, F=2.637X10"7* 4d5s*cm/J (9.820 dscf/mlUlon Btu) and Fc=0.486xio~7 sem COt/J 11,810 scf COv/million BtU) . (114 > For liquid fossil fuels Including crude, residual, and distillate oils. F=2.476x10"t dscm/J (9,220 dscf/mil- llon Btu) and Fe=0.384 sem COi/J (1,430 set COi/million Btu). (lv) For gaseous fossil .fuels, F=2.347 xi(r dscm/J 8,740 dsef/million Btuf. For natural gas. propane, and butane fuels. Fe*-0J79 x 10"T sem COt/J (1.040 scf COi/million Btu) for natural gas, 0.S22X10*7 sem COt/J (1.200 scf COi/ million Btu) for propane, and 0.338 X10-' sem COi/J (1.260 scf COj/million Btu) FomU fuel Span vitae for sulfur dioxide Span taIim tor nttxofea oxide* 0*1........ ........... Liquid............... Solid................... Combinations. - (0 1,000 1.500 l,0Mr+l'Mfe 500 500 500 500(x+v)+1.000( i Not Bpplicoble. where: x --the fraction of total heat Input derived from gaseous fostil fuel, and y--the fraction of total heat input derived from liquid foasll fuel, and z--the fraction of total heat input derived from solid fossil fuel. (4) All span values computed under paragraph (c)(3) of this section for burning combinations of fossil fuels shall (3) C=pollutant concentration, ng/ dsem (lb/dacf), determined by multiply ing the average concentration (ppm) for each one-hour period by *.15x10* M ng/ dsem per ppm (2.59 xl<r* M lb/dscf per ppm) where M=pollutant molecu lar weight, g/g-mole (lb/lb-mole). M= 64.07 for sulfur dioxide and 46.01 for ni trogen oxides. [41 FR 51397, November 22. 1976] (3> %0... %CO= oxygen or carbon dioxide volume (expressed as percent), determined with equipment specified un der paragraph (d) of this section. for butane. (v) For bark F1.076 dscm/J (9,575 dscf/million Btu) and Fe=0-217 dscm/J (1.927 dscf/million Btu). For wood resi dua other than bark F=L038 dscm/J (9,233 dscf/million Btu) and Ft=0.2O7 dscm/J (1.842 dscf/million-Btu). (5) The owner or operator may use the following equation to determine an F factor (dscm/J or dscf/million Btu) on a dry basis (if it is desired to calculate F on a wet basis, consult the Administra tor) or.Fc factor (sem COi/J, or scf CCh/ million Btu) on either basis in lieu of the F or Fc factors specified in paragraph (f> (4) of this section: be rounded to the nearest 500 ppm. (5) For a fossil fuel-fired steam gen erator that simultaneously bums fossil 227.0(%g) +95.7(%C)+35.4(%a)+8.6(%AQ--28.5(%Q) GCV fuel and nonfossil fuel, the span value of all continuous monitoring systems (SI units) shall be subject to the Administrator's approval. (d) (Reserved! 10t[3.64(%g) +1.53( %C) +0.57(%iS) +0.14(%iy)--0.46(%O)] <357 (e) For any continuous monitoring system Installed under paragraph (a) of this section, the following conversion procedures shall he used to convert the continuous monitoring data into units of (English units) ,, 20.0(%C) F---sv\r~ the applicable standards (ng/J, lb/mil lion Btu): (SI units) (1) When a continuous monitoring system for measuring oxygen is selected, the measurement of the pollutant con centration and oxygen concentration shall each be on a consistent biuls (wet or dry). Alternative procedures ap ,, _321X10(%C) * 5cT (English units) proved by the Administrator shall be [41 FR 51397, November 22, 1976] Environment Reporter (Sec. 60.45(f) (5)1 24 STATIONARY SOURCES S-359 121:041OC (i) H, C. S, N, and O are content by weight of hydrogen, carbon, sulfur, ni trogen, and oxygen (expressed as per cent) , respectively, as determined on the same basis as GCV by ultimate analysis of the fuel'fired, using A.S.T.M. method D3178-74 or D3176 (solid fuels), or com puted from results using A.S.T.M. meth ods D1137-53(70>, D1945--64(73), or D1946-67(72) (gaseous fuels) as applica ble. (ii) GCV is the gross calorific value (kJ/kg. Btu/lb) of the fuel combusted, determined by the A.S.TM. teat methods D 3016-66(72) for solid fuels and D182664(70) for gaseous fuels as applicable. (ill) For affected facilities which fire both fossil fuels and nonfossil fuels, the F or F, value shall be subject to the Administrator's approval. (6) For affected facilities firing com binations of fossil fuels or fossil fuels and wood residue, the F or F. factors deter mined by paragraphs (f) (4) or (f) (5) of this section shall be prorated in accord ance with the applicable formula as fol lows: or F,~^X,(Ft). when: Xt =the traction of total best input derived from each type of fuel (e.g. natural gae, bituminous coal, wood residue, etc.) Ft or (ft) >=the applicable F at Ft factor for each fuel type determined in accordance with paragraphs (f)(4) and (f)(6) of this section. n=the number of fuels being burned In combination. [41 FR 31397, November 22, 1976] (g) For the purpose of reports required under ( 60 7'c), periods of excess emis sions that shall be reported are defined as follows (1) I Reserved) (2) Sulfur dioxide. Excess emissions for affected facilities are defined as: <i' Any three-hour period during which the average emissions (arithmetic average of three contiguous one-hour pe riods) of sulfur dioxide as measured by a continuous monitoring system exceed the applicable standard under {60.43. (ii) (Reserved! (3) Nitrogen'oxides. Excess emissions for affected facilities using a continuous monitoring system for measuring nitro gen oxides are defined as any three-hour period during which the average emis sions (arithmetic average of three con tiguous one-hour periods) exceed the ap plicable standards under t 60.44. 60.46 Test methods and procedures. [40 TR 46250, October 6, 1975) i a) The reference methods in Appen dix A of this part, except as provided in 5 60.8(b). shall be used to determine com pliance with the standards as prescribed in if 60.42, 60.43. and 60.44 as follows: 11 > Method 1 for selection of sampling site and sample traverses. 12) Method 3 for gas analysis to be used when applying Reference Methods 5, 6 and 7. 13> Method 5 for concentration of par ticulate matter and the associated mois ture content. 141 Method 6 for concentration of SO., and (5i Method < for concentration of NO* -<b> For Metnod 5, Method 1 shall be used to select the sampling site and the number of traverse sampling points. The sampling time ter each run shall be at least 60 minutes and the minimum sampling volume shall be 0.85 dsem (30 dsef) except that smaller sampling times or volumes, when necessitated by process variables or other factors, may .be ap proved by the Administrator. The .probe and filter holder heating systems in' the sampling train shall be set to provide a gas temperature no greater than 433 K <320*F). v [41 FR 51397. November 22, 1976] i c) For Methods 6 and 7, the sampling site shall be the same as that selected for Method 5. The sampling point in the duct shall be at the centroid of the cross section or at a point no closer to the walls than l m (3.28 it). For Method 6. the sample shall be extracted at a rate proportional to the gas velocity at the sampling point. (d) For Method 6, the minimum sam pling time shall be 20 minutes and the minimum sampling volume 0.02 dsem (0.71 dsef) for each sample. The arith metic mean of two samples shall con stitute one run. Samples shall be taken at approximately 30-mlnute intervals. <e) For Method 7, each run shall con sist of at least four grab samples taken at approximately 15-mlnute intervals. The arithmetic mean of the samples shall constitute the run value. (f) For each run using the methods specified by paragraphs (a)(3), (a)(4), and (a)(5) of this section, the emissions expressed in ng/J (lb/million Btu) shall be determined by the following pro cedure: k^cf2__0_._9__--_ percent 0 where: (1) B--pollutant emission ng/J (lb/ million Btu). (3) C=pollutant concentration, ng/ deem (lb/ dsef). determined by method 6, 6, or 7 (3) Percent O,--oxygen content by vol ume (expreseed ee percent), dry beats. Per cent oxygen shall be determined by using the Integrated or grab sampling and analysis procedures of Method 3 aa applicable. The sample shall be obtained as follows: [41 FR 51397, November 22, 1976) (i) For determination of sulfur diox ide and nitrogen oxides emissions, the oxygen sample shall be obtained simul taneously at the same point in the duct as used to obtain the samples for Meth ods 6 and 7 determinations, respectively [{ 60.46(0 1. For Method 7, the oxygen sample shall be obtained using the grab sampling and analysis procedures of Method 3. (in For determinatk:. reticulate erro-risr-i, me oxygen sample shall be obtained simultaneously bv traversing the duct at the same sampiin.tr location used for each run of Method 5 under paragraph (b) of this section Method l shall be used for selection of the number of traverse points except that no more than 12 sample points are required, (4) F = a factor as determined in paragraphs (f) (4). (5) or 16' of 5 60.45. (g) When combinations of fossil fuels or fossil fuel and wood residue are fired, the heat input, expressed in watts (Btu/ hr), is determined during each testing period by multiplying the gross calorific value of each fuel fired (in J/kg or Btu/lb) by the rate of each fuel burned (in kg/sec or ib/hr), Gross calorific values are determined in accordance with A.S.T.M methods D 2015-66(72) (solid fueled, D 240-64(73) (liquid fuels), or D 1826-64(7) (gaseous fuels) as applicable. The method used to determine calorific value of wood 'residue must be approved by the Administrator. The owner or oper ator shall determine the rate of fuels burned during each testing period by suitable methods and shall confirm the rate by a material balance over the steam generation system. [41 FR 51397, November 22, 1976] 8-12-77 Copyright 1977 by The Bureau of National Affairs, Inc. [Sec. 60.52] ucc 050412 25