Document KGLL6B2D1LyjE83aqnDRYgBj2

ENVIRONMENTAL PROTECTION AGENCY REGION VI 1600 PATTERSON. SUITE IIOO DALLAS. TEXAS 75201 JJB cd d APR 2 0 1973 OFFICE OF THE Regional administrator CERTIFIED MAIL - RETURN RECEIPT REQUESTED Plant Manager Sources of Asbestos, Beryllium, and Mercury Emissions Arkansas, Louisiana, New Mexico, Oklahoma, and Texas Dear Sir: Section 112 of the Clean Air Act, as amended, authorizes the Administrator of the Environmental Protection Agency (EPA) to promulgate and enforce regulations for hazardous materials. On April 6, 1973, National Emission Standards for Hazardous Air Pollutants (NESHAPS) were promulgated for asbestos, beryllium, and mercury. Notice of promulgation was published in the April 6, 1973, issue of the Federal Register (40 CFR Part 61). All existing affected facilities having emissions of the above materials must register with EPA, through the Regional Office, within 90 days of promulgation of NESHAPS, and must either be in compliance with the regulations, be operating under a waiver granted by EPA, or shut down after 90 days. No new source may be constructed or an existing source modified after the effective date of NESHAPS without EPA approval. A copy of the April 6, 1973, Federal Register and a set of regis tration and waiver forms are enclosed with* this notice. If applying for a waiver, you are encouraged to submit the application as soon as possible so that it may be processed before July 6, 1973. No source may operate out of compliance after this date without a waiver. New sources wishing to construct or existing sources wishing to modify must apply for approval through this office. For your reference a list of affected facilities is enclosed. If you are in .rfnnht ac t.n fop applicability of the NESHAPS to your facility, you are encouraged to contact thisoffice. Since your facility Is listed in our files as a potential hazardous material emission source, we are requesting that you state, in writing, whether or not you process asbestos, beryllium or mercury and give a brief description of the process(es). This information is requested under Section 114(a) of the Clean Air Act, as amended, which requires the owner or operator of any emission source to provide the information to EPA upon request. ETC 15547 P-00405 2 Under Section 113(a) (3) of the Act (42 U.S.C. 1857c-8(a)), failure to provide the Information required by the NESHAPS regulations promulgated on April 6, 1973, pursuant to Section 112 of the Act (42 U.S.C. 1857c-7) or Information requested under Section 114 (42 U.S.C. 1857c-9) may result In an order requiring compliance or in a civil action for appropriate relief. In addition. Section 113(c)(1) provides that any person who knowingly fails or refuses to comply with any such order shall be subject to a fine of not more than $25,000 per day of violation, or Imprisonment for not more than one year, or by both. Additionally, Section 113(c)(2) of the Act (42 U.S.C. 1857c-8(c)(2)) provides that any person who knowingly makes any false statement in any application, or other document filed under this Act shall be punished, upon conviction, by a fine of not more than $10,000 or by imprisonment for not more than six months, or by both. In order to aid sources In methods of controlling emissions, the following three documents may be obtained from the Region VI Office: (1) Control Techniques for Asbestos Air Pollutants, AP-117; (2) Control Techniques for Beryllium Air Pollutants, AP-116; and (3) Control Tech niques for Mercury Emissions from Extratlon and Chlor-Alkali Plants, AP-118. If you have any questions concerning this matter, please contact Mr. Jack Dlvita, Hazardous Emissions Program Officer, Enforcement Divi sion, at (214) 749-2142. Sincerely yours Enclosure Arthur W. Busch ' Regional Administrator ETC 15548 E-OOAOfe # SOURCES AFFECTED BY NESHAPS REGULATIONS Asbestos 1. Asbestos Mills 2. Manufacturing a. Cloth, cord, wick s, tubing. tape, twine. rope, thread. yarn, roving, lap , or other textile materials b. Cement products c. Fireproofing and insulating materials d. Friction products e. Paper, millboard. and felt f. Floor tile 9- Paints, coatings, caulks, adhesives, and seal ants h. Plastics and rubber material1 s i. Chlorine 3. Demolition of buildings and structures containing-asbestos a. Institutional b. Industrial * c. Commercial d. Apartment houses of more than four dwelling units 4. Spraying . a. Equipment and machinery b. Buildings, structures, pipes, and conduits 5. Roadways - asbestos tailings t*.v''-jyr1.~ ETC 15549 E-00407 ** tf.* *. 4 9 2 Beryl 1ium 1. The following are affected sources when processing beryllium ore, beryllium, beryllium oxide, beryllium alloys, or beryl lium-containing wastes: a. Extraction pi ants b. Ceramic plants c. Foundries d. Incinerators e. Propel 1 ant plants 2. Machine shops when processing beryllium, beryllium oxides, or alloys containing over five percent beryllium by weight. 3. Beryllium rocket motor firing. Mercury X- 1. Processing of mercury ore to recover mercury. 2. Mercury chlor-alkali cells. * - ' -tv> ^ ^ l.'- a s . -< fl^Trirtlftii iVarii aVilrtr'' i r - >1 ' i N il N i l -m WIT; -TW i*rr- ETC 15550 E--00408