Document RaKajm8OQpjq73wJX3b6Lk8Gv

] UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 6th AND WALNUT STREETS PHILADELPHIA. PENNSYLVANIA 19106 In Reply Refer To: 3EN11 JUN 6 1978 CERTIFIED MAIL RETURN RECEIPT REQUESTED Mr. J. L. Worstell Environmental Protection Coordinator Union Carbide Corporation P.O. Box 8004 South Charleston, West Virginia 25303 Re: Evaluation of Leak Detection Program, Union Carbide Corporation, South Charleston, West Virginia CDS No. 50-0760-10001 Dear Mr. Worstell: Your request for a waiver of compliance with the vinyl chloride standards (40 CFR Part 61, Subpart F, October 21, 1976) which were promulgated pursuant to Section 112 of the Clean Air Act of 1970 as amended, 42 U.S.C. 1857c~7, for your polyvinyl chloride plant in South Charleston, West Virginia was granted in February 1977. As the final increments in the waiver draw closer, the Environmental Protection Agency (EPA) needs to assess your progress toward meeting the vinyl chloride standards. At the same time, we will be performing an evaluation of your plant's leak detection and elimination program. In order to perform this evaluation, we have scheduled an inspection of your facility for June 20, 1978. The inspection will be conducted jointly by EPA and its contractor, GCA Corporation (GCA) of Bedford, Massachusetts. GCA has performed similar work for other EPA offices and-has a secrecy agreement as part of its contract. A copy of this agreement is attached for your information. If you have any questions about the inspection or the use of a contractor, please call me at (215) 597-2847. ` Sincerely yours, Peter Schaul Environmental Engineer Air Enforcement Branch Attachment UCC 104374 '' * ' r jC - i -.- . \* *".;> S,':' -* .' V.'*' A^ ^ ' *'* ` '' **%*, `,J' ,.V :J - n-l-` fr- _' 7 -4. -x * V^ . . The Contracting Officer has determined that during the^erfornignoo <rt' tins contract fcPA :,may furjush confidential business information to the Contractor Dial ETA obtained under * ;.*the Clean Air Act,'(42 U.S.C. ISM et ier/' the,Federal Water Pollution Control Act (.13 ^ DSC. 1251 er.jec.),the Safe Drinking Water Ad '(42 U.S.C. 300f */ r<w.l. the Federal VJ Insecticide, Fungicide and Rodenticide-Act (7 U.S.C. 13t ct an/.blhe Federal Food. Drug, i j.".-' and Cosmetic Act (21 -U.S.C- 301 e/se'd), the Resource Conservation and Recovery Act (42 U.$.C. 6901 ct teq.), or the Toxic Substances Control Act (15 U.S.C. 2t'OI </ u-i/.). I-PA 1 ^regulations on confidentiality of business information in 40 CFR Tart 2 Suhpart B require that the Contractor agree to the Clause entitled "Treatment of Confidential Business - ' Information" before any confidential business mtormation inay be furnished to the Contractor. _ * TREATMENT OF CONFIDENTIAL BUSINESS INI OKMA TION (a) The Contracting Officer, aflei a written dktcrminaliuii '.fi appropnnte ;-iogi.'.:n office, may disclose confidential business information to the Contractor necessary to carry out the work required under this contract. The Contractor agrees to use the confidential information only under the following conditions: (1) The Contractor and Contractor's Employees shall: to use the confidential information only for the purposes of carrying out the work required by the contract: (iiI not disclose the-information to anyone other than El`\ employees without the prior written approval of the Deputy Associate Cieneral Counsel for Contracts and (ieneral Administra tion; and (iii) return to the Contracting Olficer all copies of the information, and any abstracts or excerpts therefrom, upon request by the Contracting Officer, whenever the information is no longer required by the Contractor for the performance of the work required by the contract, or upon completion ot the contract. (2) The Contractor shall obtain a written agreement to honor the above limitations from each of the Contractor's Employees who w ill have access to the information, belore the employee is allowed access. (3) The Contractor agrees that these contract conditions concerning the use and disclosure of confidential information are included for the benefit of. and shall lie enforceable by, both EP.\ and any affected business having a proprietary interest in the information. (4) The Contractor shall not use any confidential information supplied hy ITA or obtained during performance hereunder to compete with any business to which the confidential information relates. (hi The Contractor agrees to obtain the written consent of the Contracting Officer, after a written determination by the appropriate program office, prior to entering into any .. ..subcontract, that will .involveUhe disclosure of .confidential business .information by the Contractor to the subcontractor. The Contractor agrees to include this clause, including this paragraph (b). in all subcontracts awarded pursuant to this contract that require the furnishing dl' confidential business information to the subcontractor. -f * It- , <-3 'VSrjzr r;gs f T !%. ", 'l (****- M' . / Ti !*:- ,h^f sv'jj.C It? , 300-18 10-771 i . UCC 104375 t j'~+.  The Contracting Officer has determined that during performance of this contract the Contractor may be required to collect information to perform the work required under this contract. Some of the information may consist of trade secrets or commercial or financial information that would be considered as proprietary or confidential by the business that has the right to the information. The following clause is included in this contract to enable EPA to resolve any claims of confidentiality concerning the information that the Contractor will furnish under this contract. The clause entitled "Treatment of Confidential Business Information" is also included in this contract. ' SCREENING BUSINESS INFORMATION FOR CLAIMS OF CONFIDENTIALITY (a) Whenever collecting information under this contract, the Contractor agrees to comply -.with, the following requirements: . _ ---- - ...------ -- -- (1) If the Contractor collects information from public sources, such as books, reports, journals, periodicals, public records, or other sources that are available to the public without restriction, the Contractor shall submit a list of these sources to the appropriate program office at the time the information is initially submitted to EPA. The Contractor shall identify the information according to source. (2) If the Contractor collects information from a State or local government or from a Federal agency, the Contractor shall submit a list of these sources to the appropriate program office at the time the information is initially submitted to EPA. The Contractor shall identify the information according to source. (3) If the Contractor collects information directly from a business or from a source that represents a business or businesses, such as a trade association: * (i) Before asking for the information, the Contractor shall identify itself, explain that it is performing contractual work for the U.S. Environmental Protection Agency, identify the information that it is seeking to collect, explain what will be done with the information, and give the following notice: (A) You may, if you desire, assert a business confidentiality dalm covering pgrt~ or all of the information. If you do assert a claim, the information will be disclosed by EPA only to the extent, and,by means of the procedures, set forth in 40 CFR Part 2, Subpart B, 41 Federal Register 36906, September 1, 1976. / _. (B) If no such claim is made at the time this information is received by (the Contractor], it may be made 'available to the public by the. Environmental Protection Agency without further notice to you. ' *. (ii) Upon receiving the information, the Contractor shall make a written notation that the notice set out above was given to the source, by whom, in whst form, and on what date. (iii) At the time the Contractor initially submits the information to the appropriate program office, the Contractor shall submit a list of these sources, identify the information according to source, and indicate whether the source made any confidentiality claim and the nature and extent of the claim. .. . 'v -* - * (b) The Contractor shall keep all information collected from nonpubllc aourcet confidential in accordance with the clause in this contract entitled "Treatment of Confidential Business Information" as if it lud been furnished to the Contnotor by.EPA.;.. 'kM # r ., *v ' rf ' s* 7 . ; ucc " r ,br * - i " '"V / ' v.'i '/'/ ' --`,.-"'"4 'f -..;*r^ - ':vi; ' : ' ''C.i- '* * r l`>* ~r"' ..v ./. . ,, ' .. / *-.' - .-I.^-.v ; - - ,,=-> . - . J- ti (c) The Contractor agrees to obtain the written consent of the Contracting Officer,'after A written determination by . the appropriate program office, prior to entering into any subcontract that will require the subcontractor to collect information. The Contractor agrees to include this clause, including this paragraph tc), and the clause entitled "Treatment of Confidential Business Information" in all subcontracts awarded pursuant to this contract that require the subcontractor to collect information. 3160-07--7)1? /- & V V '--r - - g34& v. m, i: '1 . . ir.s*/-.' . r- - ; - *. ,. k.^iis.--*v** '*.*`+{v's <'*,f*A: -H.i >yv ., rv; fev ikV: Pt. ,V ki Ju .(. nji 1 x% nt-* . .%>& ,-- i j a-*_ t V `' **>*.. K''lVH r0M I>--*?r/. r.t *>*V, & ir.f H: 'tV * Si* & tCs UCC 104377 HAZARDOUS EMISSIONS S-348 121:0463 comply with the standards prescribed in this part within 90 days of the effective date. (b) The owner or operator of an exist ing source unable to operate m compli ance with any standard prescribed under this part may request a waiver of com pliance with such standard for a period not exceeding 2 years from the effective date. Any request shall be in writing and shall Include the following information: (1) A description of the controls to be installed to comply with the standard. (2) A compliance schedule, including the date each step toward compliance will be reached. Such Ust shall include as a minimum the following dates: (1) Date by which contracts for emis sion control systems or process modifica tions will be awarded, or date by which orders will be issued for the purchase of component parts to accomplish emis sion control or process modification; (ii) Elate of initiation of onsite con struction or Installation of emission con trol equipment or process change; (iii) Date by which onsite construc tion or installation of emission control equipment or process modification is to be completed; and (iv) Date by which final compliance is to be achieved. (3) A description of interim emission control steps which will be taken during the waiver period. <c) Changes in the Information pro vided under paragraph (a) of this section shall be provided to the Administrator within 30 days after such change, except that if changes will result from modifica tion of the source, as defined in 9 61.02 (j), the provisions of 61.07 and 5 61.08 are applicable. (d) The format for reporting under tills section is Included as appendix A of this part. Advice on reporting the status of compliance may be obtained from the Administrator. (c) Prior to denying any request for all source tests required under this part, a waiver pursuant to this section, the unless an equivalent method or an al Administrator will notify the owner or ternative method has been approved by operator making such request of the Ad the Administrator. ministrator's Intention to issue such <b> Method 103 in appendix B to this denial, together with: part is hereby approved by the Admin (1) Notice of the Information and istrator as an alternative method for findings on which such intended denial is based, and (2) Notice of opportunity for such sources subject to 9 61.32tat ana 9 61.42 <U owner or operator to present, within such time limit as the Administrator (c) The Administrator may, after no tice to the owner or operator, withdraw specifies, additional information or argu approval of an alternative method ments to the Administrator prior to final granted under paragraphs (a), (b) or action on such request. (d) of this section. Where the test results (d) A final determination to deny any using an alternative method do not ade request for a waiver will be in writing quately Indicate whether a source is In and will set forth the specific grounds on compliance with a standard, the Ad which such denial is based. Such final ministrator may require the use of the determination will be made within 60 reference method or its equivalent. days after presentation of additional in (d) Method 105 in Appendix B to this formation or arguments, or 60 days after part Is hereby approved by the Adminis the final date specified for such presen trator as an alternative method for tation, if no presentation Is made. { sources subject to 9 61.52 (b>. (e) The granting of a waiver under this section shall not abrogate the Ad [40 FR 48292, October 14, 19751 ministrator's authority under section 114 fi.61.la Availability ol iniwiualipn- of the act. Jtie availability to the pvhttcaf in- tnmMtlon- oewvlfled to. or otherwise ob 61.12 Emission tests and monitoring. tained by, the Adminiatratar-under this (a) Emission tests and monitoring sayt-shaV 4e governed by Past 2 ol this shall be conducted and reported as set chapter forth in this part and appendix B to this part. [41 FR 36918, September 1, 1976) (b) The owner or operator of a new source subject to this part, and at the 61.16 Stale authority. request of the Administrator, the owner (a) The provisions of this part shall or operator of an existing source sub not be construed in any manner to pre ject to this part, shall provide or cause to be provided, emission testing facili ties as follows: (1) Sampling ports adequate for test methods applicable to such source. clude any State or political subdivision thereof from: (1) Adopting and enforcing any emis sion limiting regulation applicable to a (2) Safe sampling platform(s). stationary source, provided that such (3) Safe access to sampling plat- form(s). (4) Utilities for sampling and testing equipment. emission limiting regulation is not less stringent than the standards prescribed under this part. (2) Requiring the owner or operator 61.13 Waiver of emission lests. of a stationary source, other than a sta 61.il Waiver of compliance. (a) Based on the information provided in any request under 5 61.10, or other in formation, the Administrator may grant a waiver of compliance with a standard for a period not exceeding 2 years from the effective date of such standard. <b) Such waiver will be in writing and will: '1) Identify the stationary source covered. (2) Specify the termination date of the waiver. The waiver may be termi nated at an earlier date If the conditions specified under paragraph (b) (3) of this spctlon are not met. <31 Specify dates by which steps toarci compliance are to be taken; and npose such additional conditions as the dministrator determines to be neces.iry to assure installation of the neces>arv controls within the waiver period, (a) Emission tests may be waived upon written application to the Admin istrator if, in his judgment, the source is meeting the standard, or if the source is operating under a waiver of compliance or has requested a waiver of compliance. <b) If application for waiver of the emission test is made, such application shall accompany the information re quired by { 61.10. The appropriate form is contained in appendix A to this part. (c) Approval of any waiver granted pursuant to this section shall not abro gate the Administrator's authority under the act or in any way prohibit the Ad ministrator from later canceling such waiver. Such cancellation will be made only after notice Is given to the owner or operator of the source. 61.14 Source test and analytical meth ods. tionary source owned or operated by the United States, to obtain permits, licenses, or approvals prior to Initiating construc tion, modification, or operation of such source. 61.17 Circumvention. No owner or operator subject to the provisions of this part shall build, erect, install, or use any article, machine, equipment, process, or method, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment Includes, but Is not limited to, the use of gaseous dilutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an opera tion to avoid coverage by a standard that applies only to operations larger than a specified siae. and to assure protection ol the health (a) Methods 101, 102, and 104 in ap of persons during the waiver period. pendix B to this part shall be used for (40 FR 48292, October 14, 19751 UCC 104378 5-20-77 Copyright i 1977 by The Bureau of National Affairs Inc [Sec. 61.171 39 HAZARDOUS EMISSIONS S-348 121:0463 comply with the standards prescribed in this part within 90 days of the effective date. (b) The owner or operator of an exist ing source unable to operate in compli ance with any standard prescribed under this part may request a waiver of com pliance with such standard for a period not exceeding 2 years from the effective date. Any request shall be in writing and shall Include the following information: 0) A description of the controls to be installed to comply with the standard. (2) A compliance schedule, including the date each step toward compliance will be reached. Such list shall include as a minimum the following dates: (i) Date by which contracts for emis sion control systems or process modifica tions will be awarded, or date by which orders will be issued for the purchase of component parts to accomplish emis sion control or process modification; Oil Date of initiation of Onsite con struction or installation of emission con trol equipment or process change; (iii) Date by which onsite construc tion or installation of emission control equipment or process modification is to be completed; and <iv) Date by which final compliance Is to be achieved. (3) A description of interim emission control steps which will be taken during the waiver period. (c) Changes in the information pro vided under paragraph (a) of this section shall be provided to the Administrator within 30 days after such change, except that if changes will result from modifica tion of the source, as defined in i 61.02 (J>. the provisions of ! 61,07 and 5 61.08 are applicable. (d) The format for reporting under this section is included as appendix A ol this part. Advice on reporting the status of compliance may be obtained from the Administrator. (c) Prior to denying any request for ail source teste required under this part, a waiver pursuant to this section, the unless an equivalent method or an al Administrator will notify the owner or ternative method has been approved by operator making such request of the Ad the Administrator. ministrator's intention to issue such (b) Method 103 in appendix B to this denial, together with: part is hereby approved by the Admin (1) Notice of the information and istrator as an alternative method for findings on which such intended denial is based, and (2) Notice of opportunity for such sources subject to 61.32(a) and 5 61.42 (U owner or operator to present, within (c) The Administrator may, after no such time limit as the Administrator tice to the owner or operator, withdraw specifies, additional information or argu ments to the Administrator prior to final approval of an alternative method granted under paragraphs (a), (b) or action on such request. (d) of this section. Where the test results (d) A final determination to deny any using an alternative method do not ade request for a waiver will be in writing quately indicate whether a source is in and will set forth the specific grounds on compliance with a standard, the Ad which such denial is based. Such final ministrator may require the use of the determination will be made within 60 reference method or its equivalent. days after presentation of additional in (d) Method 105 in Appendix B to this formation or arguments, or 60 days after part is hereby approved by the Adminis the final date specified for such presen trator as an alternative method for tation, if no presentation is made. { sources subject to { 61.52(b). (e) The granting of a waiver under this section shall not abrogate the Ad 140 FR 48292, October 14, 19751 ministrator's authority under section 114 Availability of inl*rn*liM. of the act. The availability to the pablic of in- MttMtun' Provided to. or otherwise ob 61.12 Emission tests and monitoring. tained by, the Administrator-wader this (a) Emission tests and monitoring nart shal! be governed by Past 2 ol this shall be conducted and reported as set chapter forth in this part and appendix B to this part. |4l FR 36918, September 1, 1976) (b) The owner or operator of a new source subject to this part, and at the 61.16 State authority. request of the Administrator, the owner (a) The provisions of this part shall or operator of an existing source sub not be construed in any manner to pre ject to this part, shall provide or cause to be provided, emission testing facili ties as follows: <1) Sampling ports adequate for test methods applicable to such source, clude any State or political subdivision thereof from: (1) Adopting and enforcing any emis sion limiting regulation applicable to a (2) Safe sampling platform(s). stationary source, provided that such (3) Safe access to sampling plat- form(s). (4) Utilities for sampling and testing equipment. emission limiting regulation is not less stringent than the standards prescribed under this part. (2) Requiring the owner or operator 61.13 Waiver of emission teats. of a stationary source, other than a sta 61.11 Waiver of compliance. (a) Based on the information provided in any request under S 61.10, or other in formation. the Administrator may grant a waiver of compliance with a standard for a period not exceeding 2 years from the effective date of such standard. (b) Such waiver will be In writing and will: * (1) Identify the stationary source covered. (2) Specify the termination date of the waiver. The waiver may be termi nated at an earlier date If the conditions specified under paragraph (b) (3) of this section are not met. (3) Specify dates by which steps to ward compliance are to be taken; and impose such additional conditions as the Administrator determines to be neces sary to assure installation of the necesontrols within the waiver period, (a) Emission tests may be waived upon written application to the Admin istrator if. in his Judgment, the source is meeting the standard, or if the source is operating under a waiver of compliance or has requested a waiver of compliance. (b) if application for waiver of the emission test is made, such application shall accompany the information re quired by { 61.10. The appropriate form is contained in appendix A to this part. (c) Approval of any waiver granted pursuant to this section shall not abro gate the Administrator's authority under the act or In any way prohibit the Ad ministrator from later canceling such waiver. Such cancellation will be made only after notice Is given to the owner or operator ol the source. 61.14 Source test and analytical meth od*. tionary source owned or operated by the United States, to obtain permits, licenses, or approvals prior to initiating construc tion, modification, or operation of such source. 161.17 Circumvention. No owner or operator subject to the provisions of this part shall build, erect. Install, or use any article, machine, equipment, process, or method, the use ol which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment Includes, but is not limited to. the use of gaseous dilutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an opera tion to avoid coverage by a standard that applies only to operations larger than a specified sise. i assure protection ol the health (a) Methods 101, 102, and 104 in ap sons du mg the waiver period. pendix B to this part shall be used for (40 FR 48292, October 14, 19751 UCC 104379 j-20-77 .jyrtght 1977 by The Bureau ol National Afloirs, Inc. I Sec. 61.171 39 HAZARDOUS EMISSIONS S-348 121-.0463 comply with the standards prescribed In this part within 90 days of the effective date. (b) The owner or operator of an exist ing source unable to operate In compli ance with any standard prescribed under this part may request a waiver of com pliance with such standard for a period not exceeding 2 years from the effective date. Any request shall be In writing and shall Include the following information: (1) A description of the controls to be installed to comply with the standard. (2) A compliance schedule, including the date each step toward compliance will be reached. Such list shall include as a minimum the following dates: <i) Date by which contracts for emis (c) Prior to denying any request for a waiver pursuant to this section, the Administrator will notify the owner or operator making such request of the Ad ministrator's intention to issue such denial, together with: (1) Notice of the Information and findings on which such intended denial is based, and (2) Notice of opportunity for such owner or operator to present, within such time limit as the Administrator specifies, additional information or argu ments to the Administrator prior to final action on such request. (d) A final determination to deny any request for a waiver will be in writing and will set forth the specific grounds on all source tests required under this part, unless an equivalent method or an al ternative method has been approved by the Administrator. <b) Method 103 in appendix B to this part is hereby approved by the Admin istrator as an alternative method for sources subject to 9 61.32(a) ana 9 61.42 (ti (c) The Administrator may, after no tice to the owner or operator, withdraw approval of an alternative method granted under paragraphs (a), (b) or (d) of this section. Where the test results using an alternative method do not ade quately Indicate whether a source is in compliance with a standard, the Ad sion control systems or process modifica tions will be awarded, or date by which orders will be Issued for the purchase of component parts to accomplish emis sion control or process modification; (11) Date of Initiation of onsite con struction or installation of emission con trol equipment or process change; Uil) Date by which onsite construc tion or installation of emission control which such denial is based. Such final ministrator may require the use of the determination will be made within 60 reference method or its equivalent- days after presentation of additional In id) Method 105 in Appendix B to this formation or arguments, or 60 days after part is hereby approved by the Adminis the final date specified for such presen trator as an alternative method for tation, if no presentation Is made. sources subject to 9 61.52(b). (e) The granting of a waiver unde! this section shall not abrogate the Ad 140 FR 48292, October 14, 19751 ministrator's authority under section 114 1161,13 Availability of inlaruuriixi. of the act. *Itoe availability to the pwhhc of in- equipment or process modification Is to temwtXa oewided to. or otherwise ob be completed; and 61.12 Emission tests and monitoring. tained by. the Administratorwilder this fiv) Date by which final compliance Is to be achieved. (3) A description of interim emission control steps which will be taken during the waiver period. (c> Changes in the Information pro vided under paragraph (a) of this section shall be provided to the Administrator within 30 days after such change, except that if changes will result from modifica tion of the source, as defined In 9 61.02 ()), the provisions of 9 61.07 and 9 61.08 are applicable. (d) The format for reporting under this section Is Included as appendix A of ;his part. Advice on reporting the status of compliance may be obtained from the Administrator. (a) Emission tests and monitoring PWkshatU lie governed by Past 2 ol this shall be conducted and reported as set forth in this part and appendix B to this part. [41 FR 36918, September 1, 1976] (b) The owner or operator of a new source subject to this part, and at the 61.16 Slate authority. request of the Administrator, the owner (a) The provisions of this part shall or operator of an existing source sub ject to this part, shall provide or cause to be provided, emission testing facili ties as follows: (1) Sampling ports adequate for test not be construed in any manner to pre clude any State or political subdivision thereof from: (1) Adopting and enforcing any emis methods applicable to such source. sion limiting regulation applicable to a (2) Safe sampling platform(s). stationary source, provided that such (3) Safe access to sampling platform(s). (4) Utilities for sampling and testing equipment. emission limiting regulation is not less stringent than the standards prescribed under this part. (2) Requiring the owner or operator 61.11 Waiver of compliance. (a) Based on the information provided in any request under 9 61.10, or other in formation, the Administrator may grant a waiver of compliance with a standard for a period not exceeding 2 years from the effective date of such standard. (b) Such waiver will be in writing and will: 61.13 Waiver of emission tests. (a) Emission tests may be waived upon written application to the Admin istrator if, in his judgment, the source is meeting the standard, or if the source is operating under a waiver of compliance or has requested a waiver of compliance. (b) If application for waiver of the emission test is made, such application shall accompany the information re of a stationary source, other than a sta tionary source owned or operated by the United States, to obtain permits, licenses, or approvals prior to initiating construc tion, modification, or operation of such source. 161.17 Circumvention. No owner or operator subject to the '1) identify the stationary source quired by 9 61.10. The appropriate form provisions of this part shall build, erect, :d. is contained in appendix A to this part. install, or use any article, machine, Specify the termination date of vaiver. The waiver may be termli at t. earlier date If the conditions ifled under paragraph (b) (3) of tnis lion are not met. (3i Sr- ify dates by which steps to ward co piiance are to be taken: and Impose juch additional conditions as the Administrator determines to be necessarv to assure installation of the neces- controls within the waiver period, (c) Approval of any waiver granted pursuant to this section shall not abro gate the Administrator's authority under the act or in any way prohibit the Ad ministrator from later canceling such waiver. Such cancellation will be made only after notice Is given to the owner or operator of the source. 61.14 Source lest end analytical meth od*. equipment, process, or method, the use of which conceals an emission which would otherwise constitute. a violation of an applicable standard. Such concealment Includes, but is not limited to. the use of gaseous dilutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an opera tion to avoid coverage by a standard that applies only to operations larger than a specified slse. to assure protection ot the health persons during the waiver period. (a) Methods 101. 102. and 104 in ap pendix B to this part shall be used for [40 FR 48292. October 14, 1975) UCC 104380 5-2077 Copyn ght g 1977 by The Bureau of Notional Affai fj, Inc. (Sec. 61.17] 3g HAZARDOUS EMISSIONS S-348 121:0463 comply with the standards prescribed in this part within 90 days or the effective date. (b) The owner or operator of an exist ing source unable to operate in compli ance with any standard prescribed under this part may request a waiver of com pliance with such standard for a period not exceeding 2 years from the effective date. Any request shall be in writing and shall Include the following information: (1) A description of the controls to be installed to comply with the standard. (2) A compliance schedule, including the date each step toward compliance will be reached. Such list shall include as a minimum the following dates: (1) Date by which contracts for emis sion control systems or process modifica tions will be awarded, or date by which orders will be Issued for the purchase of component parts to accomplish emis sion control or process modification; <ii) Date of Initiation of onsite con struction or installation of emission con trol equipment or process change; (iii) Date by which onsite construc tion or installation of emission control equipment or process modification Is to be completed; and (iv) Date by which final compliance is to be achieved. (3) A description of interim emission control steps which will be taken during the waiver period. (c) Changes in the Information pro vided under paragraph (a) of this section shall be provided to the Administrator within 30 days after such change, except that if changes will result from modifica tion of the source, as defined In i 61.02 (J), the provisions of J 61.07 and 5 61.08 are applicable. (d> The format for reporting under tliis section 1s included as appendix A of this part. Advice on reporting the status of compliance may be obtained from the Administrator. (C) Prior to denying any request for all source tests required under this part, a waiver pursuant to this section, the unless an equivalent method or an al Administrator will notify the owner or ternative method has been approved by operator making such request of the Ad the Administrator. ministrator's intention to issue such denial, together with: < 1) Notice of the Information and findings on which such intended denial is based, and (2) Notice of opportunity for such owner or operator to present, within such time limit as the Administrator specifies, additional Information or argu ments to the Administrator prior to final (b) Method 103 in appendix B to this part is hereby approved by the Admin istrator as an alternative method for sources subject to 61.32(a) and 61.42 (U (c) The Administrator may, after no tice to the owner or operator, withdraw approval of an alternative method granted under paragraphs (a), (b) or action on such request. (d) of this section. Where the test results (d) A final determination to deny any using an alternative method do not ade request for a waiver will be in writing quately indicate whether a source is in and will set forth the specific grounds on compliance with a standard, the Ad which such denial Is based. Such final ministrator may require the use of the determination will be made within 60 reference method or its equivalent. days after presentation of additional In <d) Method 105 in Appendix B to this formation or arguments, or 60 days after part Is hereby approved by the Adminis the final date specified for such presen trator as an alternative method for tation, if no presentation is made. sources subject to { 61.52(b). <e) The granting of a waiver unde, this section shall not abrogate the Ad [40 FR 48292, October 14, 191S| ministrator's authority under section 114 ,61,15 Availability of inltnulitw, of the act. *Rve availability to the pahhc of in- tanoNtlva' provided to. or otherwise ob 61.12 Emission tests and monitoring. tained by, the Administrator-vsnder this (a) Emission tests and monitoring say* shall be governed by Past 2 q! this shall be conducted and reported as set chapter forth In this part and appendix B to this part. [41 FR 36918, Septembei 1, 1976) <b> The owner or operator of a new source subject to this part, and at the 61.16 Slate authority- request of the Administrator, the owner fa) The provisions of this part shall or operator of an existing source sub not be construed in any manner to pre ject to this part, shall provide or cause to be provided, emission testing facili ties as follows: (1) Sampling ports adequate for test clude any State or political subdivision thereof from: (1) Adopting and enforcing any emis methods applicable to such source. sion limiting regulation applicable to a (2) Safe sampling platform(s). stationary source, provided that such (3) Safe access to sampling plat- emission limiting regulation Is not less form(s). (4) Utilities for sampling and testing equipment. stringent than the standards prescribed under this part. (2) Requiring the owner or operator 61.11 Waiter of compliance. (a) Based on the information provided in any request under S 61.10, or other in formation, the Administrator may grant a waiver of compliance with a standard for a period not exceeding 2 years from the effective date of such standard. <b> Such waiver will be in writing and will: 'll Identify the stationary source covered. (2) Specify the termination date of the waiver. The waiver may be termi nated at an earlier date If the conditions specified under paragraph (b) (3) of this section are not met. (3> Specify dates by which steps to ward compliance are to be taken; and se such additional conditions as the linlsirator determines to be necesy to assure installation of the necesy controls within the waiver period, 61.13 Waiver of emission tests. (a) Emission tests may be waived upon written application to the Admin istrator if, in his judgment, the source is meeting the standard, or if the source is operating under a waiver of compliance or has requested a waiver of compliance. (b) If application for waiver of the emission test is made, such application shall accompany the information re quired by i 61.10. The appropriate iorm is contained in appendix A to this part. (c) Approval of any waiver granted pursuant to this section shall not abro gate the Administrator's authority under the act or in any way prohibit the Ad ministrator from later canceling such waiver. Such cancellation will be made only after notice Is given to the owner or operator of the source. 61.14 Source test and analytical meth ods. of a stationary source, other than a sta tionary source owned or operated by the United States, to obtain permits, licenses, or approvals prior to initiating construc tion, modification, or operation of such source. 61.17 Circumvention No owner or operator subject to the provisions of thin part shall build, erect, install, or use any article, machine, equipment, process, or method, the use of which conceals an emission which would otherwise constitute a violation of an applicable standard. Such concealment includes, but is not limited to, the use of gaseous dilutants to achieve compliance with a visible emissions standard, and the piecemeal carrying out of an opera tion to avoid coverage by a standard that applies only to operations larger than a specified size. id to assure protection of the health persons during the waiver period. (a) Methods 101, 102, and 104 In ap pendix B to this part shall be used for [40 FR 48292, October 14, 19751 UCC 104381 5-20-77 Copyright 1977 by The Bureau of National Affairs, Inc [Sec. 61.171 39 UCC 104382 ^federal epa inspection - June 20,1778 f VINY CHLORll