Document aJYNEELM8zEgz8M22RXjLRkVy

PROPOSED RULE MAKING The proposal contained in this notice r.37 be changed in the light cl comments received. An official docket will be available for examination by interested persons at the Federal Aviation Administration, Office of the General Counsel, Attention: Rules Docket, 800 Independence Avenue SW, Washington, DC 20591. An informal docket will also be available for exami nation a: the office of the Regional Air Traffic Division Chief. The FAA proposes to amend Part 75 of the Federal Aviation Regulations by des ignating an area high route as follows: J3303 Phoenix. Asa, to Bubgepokt. Tex. Reference facility. Theta RKo. north lati tude/vest lonyxtude " Phoenix. Arlz, 000.0/00.0, 33*25.53.*/ 111*53*17". St. Johns. Aria, 163.4/63.5. 33*2i'5o**/ 109*11*49". Socorro, N. Met, 187.1/673, 33*16*57**/ 107*16*43". Boswell, N. ilex. 000.0/00.0, 33*30*15**/ 104*37*15". Texlco, N. Mex., 169.1/58.7, 33*20*52"/ 102*50*29". AhUene, Ter, 351.7/49.3, 33* 18*38**/ 99*50*01". Ardmore. Oils., 1983/65.6, 33*14*16*7 , 97*45*58". This amendment is proposed under the authority of section 207'a i of the Federal Aviation Act of 1958 (43 U.S.C. 1348(a)) and section 6(c) of the Department of Transportation Act (49 U.S.C. 1655<.c)). Issued in Washington, D.C., on Novem ber 30,1971. ' / H. B. Eelstkosc / ' Chief, Airspcce and, Air / Traffic Ruies Division. IFR Doc.71-17797 Filed 12-6-71:8:46 *ml - ^ENVIRONMENTAL PROTECTION AGENCY [ 40 CFR Part 61 1 NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS Proposed Standards for Asbestos, Beryiiium, Mercury Pursuant to section 112 of the Clean Air Act, as amended, the Administrator published in the-Federal Register of March 31. 1971 C36 CFR Part 621 an initial list of three hazardous air poilut. ants which in his judgment may cause. - or contribute to. an Increase in mortality or an increase in serious irreversible, or - incapacitating reversible, illness. Publi cation of the list constituted an an nouncement of the Administrator's in tention of establishing, under section 112, national emission standards for certain source categories known to emit these hazardous pollutants. These standards are based on information derived from many sources, including health effects levels, meteorology, technical analysis of oontrol capability, and consideration of economic impact. The overriding consid erations are health effects. Considera tion also' has been given to the need to Oth --os V.e sr-wciz of t-:ry.h-_n: minimize the emission of hazardous being invest.,-aie-i. and m.-o _ pollutants that can accumulate in the whizn can po:en::_'.lr cans: - - -.. environment centrations to exceed 0 ji -- w:.: r: In many cases, information on possible, included m revisions to tins *:zr-ur sources of the hazardous pollutants Is cot Mercury--Informsticucurren: v evati- available m sufficient detail to determine able suggests that an anb.cr.t ctr.ien- the need for emission standards. Investi traticn level in the air title-- cn l! gations are undorwav to nil tr.ese gaps in micro-gram per conic mi-ier a s'lffiu-r.n: knowledge, and the resales of these In to ,arc: ict the public hc.'-th f.-rm vestigations may require modification of due to inhalation of mercury. Ho-- these standards and inclusion of addi mercury is mobile in the en-.arc timer.:, tional source categories for these and ones released to the atmosphere may pollutants. cycle between am. land, and waier for Beryllium, mercury, and asbestos are lor.? periods of time. Natural processes very different in the number and type of and living organisms era chan?* mercury sources and control options available: from one form to another, at times con therefore, each standard has been writ vening mercury into its most iiozardtus ten in a different manner to optimize forms. Therefore, w.-.en smaller.: infor effectiveness and facilitate compliance. mation and understanding are available, Asbestos--The proposed standards for it will be necessary to consider m.e asbestos are designed to minimize emis broader environmental problems m'tied sions to the atmosphere. 3ecause there is by mercury emir-stons to the atmon-nore. no suitable technique for sampling and The only mdtistr.es known to oe emit analyzing asbestos in the ambient air or ting mercury in quantir.es and in a fash in emission gases, the standards are ex ion such that these facilities, assumiag a pressed as requirements for the operation negligible background level, may enuuo of,specific control equioment (or other the ambient concentration level to ex equipment of comparable effectiveness), ceed 1 ug mJ ard the faculties pro-iu-img or in situations where no control system mercury from ore ar.d tlie m.errry cell is available as prohibitions on the use of chicr-alkali plants. These itidustr.rs are asbestos. When acceptable source sam covered in this standard. Other sources pling and analytical methods are avail may emit mercury, but present im'c-rm.a- able and it is possible to delineate hazard ous levels, these standards may be revised to require compliance with a measured allowable emission. The sources covered in the asbestos standard are: Mining, milling, spraying, and manufacturing. Specific examples of emission sources which would be subject to the proposed standards applicable to manufacturers of asbestos-containing products include, but are not limited to. manufacturers of the following products when those products contain asbestos: Cement, textiles, paper and board.' fric tion products, plastics, fioor tiles, gaskets, packings, roofing felts, and insulation products. Beryllium--A maximum allowable con centration of beryllium for ambient air has been-in use by the Department of Defense and the Atomle Energy Com mission for many years. This guideline has been used in the development of the beryllium standards. The proposed stand ards offer the owner or operator the option of measuring compliance by either emission testing or measurement of am bient concentration levels in the vicinity of the plant. However, it is anticipated that most sources will elect to comply with the given emission limitation. Buildings or other obstructions in the vicinity of the source, or location in highly urbanized areas, may make it impossible to design and locate a sam pling network that provides sufficient ticn Indicates chat these sources ai-.r.e will not cause the ambient concentration level to exceed 1 uS.!ms. Investigations are underway to Identify all mercury sources and to quantify them emiss* >ns into the aor. As more informa tion becomes available, this suapror will be revved, as necessary, to add additianai source categories. The proposed regulations require ap plication to the Administrator fer 'cproval for construction or modifininen of any stationary source to wmci; a standard prescr.bed in the regular; ms is applicable. The Aaminivcrator will n-'tijy tha applicant of approval or di'&nnrova! of such application witiiln 60 may* of receipt. A fee will be charged to defrov part.or ail the costs of the review. T..a fee structure will be retired from nns to time as experience with the program 13 developed. Omitted from the proposed regulations are provisions for delegations of autnor* Ity to States under section H2'd"l>. Nevertheless, it is the A-immist--.tor s intention to encourage states it .wm-.e the principal responsibility for cr.;:r:emer.t of national emission st.-md-mti: fir hazardous air pollutants. Toward tit s end, procedures for delegating author.-- will be established early r.e:-:t year after the States have submitted them thomt f-r implementation of national ambient am quality standards. assurance that areas of maximum con In accordance with section 117(f) of centration are measured. ' the Act, publication of there prr.-,:-eJ The known major sources of beryllium standards was preceded oy ccrurultutior. are extraction plants, machine shops and with appropriate advisory co.--xruttr-.'s. foundries handling beryllium or beryl independent experts, ar.d Federal deport lium-containing alloys, ceramic plana ments and agencies. 'using beryllium, rocket propeiiana con Interested persons may participate :u taining beryllium, and incinerators burn this rule making by submitting --rv-tn ing beryT.ium-coniuir.im? waste. These comments in triplicate t-j ;:i-> iu.v.r - are cove-M in the proposed standards. nje.-tai Projection A'-enr* Off:: t: A.* Ko.23!----- 7 FEOEKAl IECISTEZ, VCL 36, NO. 234--TUESOAT, CECEMIcK 7, 1971 0006131 23240 PROPOSED RULE MAKING programs. Division of Compliance, Re Sec. fa) "Act" means the Cean Air Act '42 search Triaagie Park. N.C. 27711. The Administrator will welcome comments on all aspects of the proposed regulations, including economic and technological is sues and on the proposed test methods. 61.08 61.09 61.10 61.11 61.13 61.13 Anproval by Administrator. Source reporting. Request for waiTer of compliance. Waiver. Emissloa tests and monitoring. Availability of Information. U.S.C. is37 et seq,, as amended oy Public Law 91-604. 84 Stat. 1676). (b) "Administrator" means toe Ad ministrator of the Environmental Pro tection Agency or his authorized repre All relevant comments received not later 61.14 State autnor.ty. sentative. than 90 days after the date of publication of thus notice will be considered. Receipt of comments will bo acknowledged, but the Office of Air Programs will not pro ride substantive responses to individual comments. . Public hearings will be held as re quired by section H2ibJil)<B) of the Clean Air Act. A notice of time. date, and place for these public heanngs will be published in the Federal Rzcister within 30 days of the publication date of these standards. Not later than 130 days after publication of the emission standards set forth below, the Administrator is re quired to promulgate such emission standards, unless he finds, on the basis of information presented at public hear ings, that the pollutants in question clearly are not hazardous. Accordingly, all persons having scientific information pertinent either to the question of whether asbestos, beryllium, and,'or mercury are in fact, hazardous within the meaning of section 112 of the Clean Air Act or to the question of the level of the various substances that consti tute a risk to public health are urged to present such information either by tes tifying at the heanngs or by submitting the data for the heanngs record. In ad dition, all interested persons are specif ically asked to present information on the extent to which promulgation of these emission standards for asbestos, beryllium, and mercury will be of bene fit to the public heaith. In any testimony or written comments on the specific points mentioned herein or on other matters relevant to this proposed rule making, all assertions and claims should be fully substantiated by factual infor mation. Summaries of the pertinent data used in developing these standards are avail able free of charge from toe Environ mental Protection Agency, Office of Air Subport 8 National Emission Standards tor Asbestos 61.20 6 lull 61.23 61.23 61.24 Applicability. Definitions. amission standards tor asbestos. Referenced equipment specifications. Substitute devices tor the attainment of equivalent emission control. <c) "Commenced" means that an owner cr .operator and a contractor to. or affih.vl* of, such owner cr operator have entered into a binding agreement or contractual obligation to undertake and complete, within a reasonable time, a continuous program of construction or modification. (d) 'Construction" means fabrica Subpart C--National Srvlrrion Standards for tion, erection, or installation of a sta Beryllium ~ tionary source. 61.30 Applicability. (e) "Emission test" means measure 61.31 61.22 51.33 61.34 61.33 Definitions. amission standards tor beryllium. Test methods and procedures stack sampling. Periodic stack sampling and reports. Waiver of periodic stack sampling and report requirements. ment and analysis of emissions or other procedures used for the purpose of deter mining compliance with a standard for hazardous air pollutants. (f) "ixisting source" means any sta tionary source which is not a "new 61.36 Test methods and procedures air source". sampling. (g) "Modification" means any physi 61.37 Monitoring and reports--air sampling. cal change in. or change in toe method 61.33 Section, of operation of, a stationary source which Subpart 0--National Emission Standards for Beryllium Rocket Motor Firing increases the amount of any hazardous air pollutant emitted by such source or 61.40 AppllcabUlty. . 61.41 Definitions. ' 61.42 Beryllium emission standards. - 61.43 Test methods and procedures--air which results in toe emission of any hazardous air pollutant not previously emitted, except that routine mainte nance. repair, and replacement shall not sampling. be considered physical changes. ' 61.44 61.43 61.44 Test method and procedures--stack sampling. Monitoring and reports for air sam pling. Strck sampling and reports. (h) "New source" means any station ary source, the construction or modifica tion of which is commenced after toe publication in the Federal Register of proposed national emission standards for Subpart E--Slctionc.! Emission Standard for hazardous air poL'utants which will be Mercury applicable to such facility. 61.50 AppllcabUlty. (1) "Owner or operator" means any 61.51 Definitions. person who owns, leases, operates, con- 61.53 Abbreviations. 61.53 Enussloa standard for mercury. 61.54 Test methods and procedures--mer cury ore processing faculty. 61.55 Periodic emission testing--mercury ers processing faculty. 61.56 Recordkeeping--mercury ore process ing facility. tools, or supervises a stationary source. <J) "Start up of operation" means toe beginning of routine operation of a sta tionary source. (k) "Stationary source" means any building, structure, facility, or instal lation which emits or may emit any 61.57 Waiver of emission test requlre- hazardous air pollutant meata^-mereury ora processing fa culty. 61.03 Abbreviation*. Programs, Research Triangle Park, N.C. 27711. This notice of proposed rule making is Issued under the authority of sections 1X2 and 114 of the Clean Air Act, Public Law 91-304,84 Stat. 1713. 61.58 81.59 61.60 61.61 Teat methods and procedures--mer cury cell ehlor-alkali plant. Periodic emission testing--mercury ceU chlor-altall plants. Recordkeeping--mercury cell ehloralkali plant. Waiver of emission test require The abbreviations used In this part have the following meanings: . elm--Cubic feet per minute. ft1--Square feet. ft5--Cubic feet. F--Degree Fahrenheit, . t. William D. RtTCXZLSHAtrS. Administrator, Environmental Protection Agency. ments--mercury cell ehlor-olksll in.--Inch. faculty. 1--Liter, mg--Milligram. Subpart A--General Provision! ml--Milliliter. - November 30, 1971.* . 61.01 Applicability. M--Molar. . ob--Nanometer. PART 61-- NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS Subpart A---General Previsions See. . . et.01 AppllcabUlty. - The provisions of this part apply to the owner or operator of any source which is operated, or the construction or modifi cation of which is commenced after the date of publication In the Federal Regis ter of proposed emission standards for y/y--Volume per volume. wg.--'Water gauge. W/V--Weight per volume. #g/m--Microgremi per cubic meter. ti--Percent. 61.04 Address. 61.03 Definitions. hazardous air pollutants which are ap All applications, requests, submissions 61.03 61.04 61.03 61.04 61.07 Abbreviations. Address. Prohibited activities. Determination ot construction or modification. Application for approval foe construc tion or modification. plicable to such source. J 61.02 Definitions. As used in this part, all terms not de fined in these subparts shall have the marring given them in the Act: ' and Inquiries under this part snail be addressed to the Environmental Protec tion Agency. Office of Air Programs. Divi sion of Compliance. Research Triangle Park, N.C. 27711. . FEDERAL REGISTER, VOL 36, NO. 334--TUESDAY, DECEMBER 7, 1*77 0006132 PROPOSED RULE MAKING 23241 61.0S Prohibited activities. (a) After the elective date of any emission standard prescribed under this part, no person shall construct or modify aB7 stationary source subject to such standards without first obtaining written approval of the Administrator in accord ance with this subpart, except under an exemption granted by the President un der section 112Cc/ (2) of the Act. (b) Ninety days after the effective date of any emission standard prescribed by this part, no person shall operate any stationary source in violation of such standard except under a waiver granted by the Administrator in accordance with this subpart or under any exemption granted by the President under section 112(c)(2) of the Act. 61.06 Determination of construction or modification. Upon written application therefor by an owner or operator, the Administrator will make a determine'ion of whether actions taken or intended to be taken by such owner o. operator constitute con struction or modification or the com mencement thereof within the meaning of this part. $ 61.07 Application for approval for construction or modification. (a) The owner or operator of any sta tionary source to which a standard pre scribed under this part will be or is- ap plicable shall, not less than 60 days prior to the date on which construction or modification is planned to commence, submit to the Administrator an applica tion for approval of such construction or modification. (b) A separate application shaU be submitted for each stationary source. (e) Each application shall Include the foUowing: (1) Name and address of the appli cant. (2) Location or proposed location of the source. (3) Technical information describing the proposed nature, size, design, and method of operation of the source, in cluding a description of any equipment to be used for measurement or control of emissions. $61.08 Approval by Administrator. (a) The Administrator will, within SO days of receipt of application, notify the owner or operator of approval or disap proval of construction or modification. (b) If the Administrator determines, based on information included in an ap plication submitted under 161.06 or other information that a stationary source for which an application pur suant to {61.06 was submitted will, if properly operated not cause emissions in violation of xn applicable standard, he will approve the construction or modifi cation of such source. (c) Prior to denying any request for approval of construction or modification pursuant to this section, the Administra tor will notify the person making such request of the Administrator's intendon to issue such, together with: (1) Notice of the information and Period to assure that the health of per findings on which such intended denial sons will be protected from immmjut is based, and . endangermens. , (2) Notice of opportunity for such per (c) As used a this subpart, "hammer, t son to present additional information or endar.genr.ent" means an immeii.ate r_:k arguments, amity or in writing, to the of significant harm to tne human bccy. Administrator prior to final action on such request. 61.11 Waiver. " !d' A final determination to deny any request for approval will oe in wrtnr.g and will set forth the specific grounds on which such denial is based. (e) Neither the submission of an ap plication for approval or the Administra tor's granting of approval to construct or modify shall: (1) P.elieve an owner or operator of legal responsibility for compliance with any applicable provisions of this part or (a) Based on the information pro vide^ in any request under 3 61.C9 and any other information, the Administrator may grant a waiver of compliance wit.a the applicable emission standard for a period not exceeding 2 years. (b) Any such waiver shall be in writ ing and shall: (1) Identify the source covered. (2) Specify the termination date of the waiver. of any applicable State or local require (3) Impose such reasonable conditions ment, or . as the Administrator determines to be (2) Prevent the Administrator from necessary to assure installation of the implementing or enforcing this part or necessary controls within the waiver pe taking any'other action under the Act. riod and to assure protection of the 61.09 Source reporting. health of persons from imminent endangerment during the waiver period. (a) The owner or operator of any ex (c) Prior to finally denying any re isting stationary source to which a stand quest for a waiver pursuant to tnis sec ard prescribed in this part is applicable, tion. the Administrator will notify the shall, within 30 days after the effective person making such request of the Ad date of such standard, provide the Ad ministrator's' intention to issue such ministrator the following information: denial, together with: (1) Name and address of the owner or (1) Notice of the information and find operator. ings on which such intended denial is (2) Identification and location of the based, and . source. * (2) Notice of opportunity'for such (3) Brief description of the nature, person to present additional information size, design, and method of operation in or arguments, orally or in writing, to the cluding description at any equipment Administrator prior to final action on used for the measurement or control of such request. emissions. ' (d) A final determination to deny ar.7 (b) Changes in the information pro request for a waiver win be in writing vided under paragraphs (a) (1) and (3) and will set forth the specific grounds of this section shall be provided to the on which such denial is based. Administrator within 90 days of such change. $ 61.12 Emission tests nd monitoring. 61.10 Request for waiver of compli ance. (a) The owner or operator of an exist ing stationary source unable to operate in (a) Emission tests and monitoring shall be conducted and results reported In accordance with the test methods and reporting requirements set forth in this part. compliance with a standard or standards (b) At the request of the Adminis prescribed in this part may request a trator*. the owner or operator of a source waiver of compliance with any applicable subject to this part shall provide, or emission standard under this part for a cause to be provided, emission testing period not exceeding 2 years. facilities as follows: (b) Any such request shall be in writ (1) Sampling ports adequate for test ing and shall Include: methods applicable to rich source. (1) The owner's or operator's name (2) Safe sampling platform's). and address. (3) Safe access to sampling plat- (2) Identification and location at the form(s). source. ' (4) Utilities for sampling and testing (3) Technical information describing equipment. the nature, size, design, and method of 3 61.13 Availability of information. operation of the source, including a de scription of any equipment used for measurement or control of emissions. (4) Description of the controls neces sary for compliance with the applicable standard and plans for installation of such controls. (5) A time schedule for obtaining, pro ducing. or <nfctiuwg such controls. The (a) Emission data provided to, or otherwise obtained by, the Administrator in accordance with the provisions of this pan shall be available to the public. (b) Any records, reports, or informa tion provided to. or otherwise obtained by, the Administrator in accordance with the provisions of this part shall be available to the public, except that upon a showing schedule should include interim meas satisfactory to the Administrator by any ures to achieve compliance. ' person that such records, reports, or in (6) Description of the emission control formation, or particular part thereof steps or other measures which will be (other than emission data). if made pub token by the owner during the waiver lic, would divulge methods or processes fiDEBAl aSGtSTEI, VOL 34, NO. 334--TUESDAY, OICEMISX 7, 1971 . 0006133 . PROPOSED RULE MAKING entitled to protection as trade secrets of (X) "Air-swept drilling" means the were treated m fabric filter installations such person, the Administrator shall process of drfiling holes in the earth in as described in 3 61.23(d). consider such records, reports, or in the presence of a forced <y ir iuced air . Emissions to the atmosohere from formation, or particular part tnereef, stream, but not a liquid stream or mist- builnines, structures, or facilities w:v.:a confidential in accordance with the pin- contimmg stream. which nay fabricating or manufacturing poses of section 1903 of title 18 of the (?) _ "'.Vet drilling" means the process opera:: :a is earned on shall be limited as United States Code, except that such of drilling boles in the eartn in the pres follows: records, reports, or information, or par ence of a forced liquid stream or mist- Cl) Emissions, in direct forced gas ticular part thereof, may be disclosed to containm? stream. streams, of particulate matter resulting other officers, employees, or authorized .hi "Particuia:e matter" means any from manufacturing or fabricating oper representatives of the United States con ir.ater.a!. other than ur.eombined water, ations shall not exceed the amounts cerned with carrying out the provisions whicn exists in a finely divided form as a which would be emitted if such forced ' of the Act or when relevant in any pro liquid or solid. exhausts were treated m fabnc filter in ceeding under the Act. . (i) "Asbestos tailings" means any stallations as described in 5 61.23'd: or. 61.14 Stale authority. solid waste product of asbestos muting where approved by the Administrator or nulling operations which contains became of special process conditions, in . Hie provisions of this part shall not asbestos. wet collectors as described in 3 61.23:f). be construed in any manner to preclude <j) "Visible emission" means, for the (2) Emissions of particuiate matter any State or political subdivision thereof from: purpose of this subpart, any emission which is visually detectable. from any manufacturing or fabricating operation which continuously generates (a) Adopting and enforcing ar.y emis sion standard or limitation applicable to a stationary source provided that such emission standard or limitation Is not (It) "Asbestos mill" means any facility engaged in the conversion of asbestos ore into commercial asbestos. 1> "Manufacturing operation" means visible emissions shall not exceed ihe amount which would be emitted if fine air containing such emissions were treaied in fabric filter installations as described less stringent than the national emission the processing of commercial asbestos or in 3 61.23-d) or. wnere approved by tne standard for hazardous air pollutants ap the production of any product containing Administrator because of special process plicable to such source. commercial asbestos. conditions, in wet collectors as descr.bed (b) Requiring the owner or operator (m) "Fabricating" means the cutting, in 3 61.23(f). of a stationary source to obtain permits, shaping, assembly, mixing or other al (3) Visible emissions of particulate licenses, or approvals prior to initiating tering of any manufactured product con matter from any manufacturing or fabri construction, modification, or operation taining commercial asbestos. cating operations in. an area directly open of such source. Subpart B--National Emission Standards for Asbestos 61.22 Emission standards for asbestos. to the atmosphere are prohibited. (d) Visible emissions to the atmos (a) Emissions to the atmosphere from ' asbestos mines shall be limited as follows: phere of asbestos particulate matter resulting from the repair or demolition of 61.20 Applicability. . (1) Emissions of particulate matter from air-swept or dry drilling operations The provisions of this subpart are ap plicable to the following sources of at-' mospheric asbestos: . shall not exceed these which would be emitted from an air-swept or dry drill, respectively, equipped with a fabnc filter any building or structure, other than a single-fzmfiy dwelling are prohibited. (e) The spraying of asbestos is limited as follows: (1) The spraying of any product which Asbeatoa mines: device for collection of dust generated contains asbestos on any portion of a Asbestos mills: from drilling, as described in $ 61.23fa). building or structure is prohibited. Buildings, structures, or facilities within which manufacturing or fabricating opera tions Involving the use at commercial as bestos are carried on; Buildings or structures which have been or will be constructed or modified using asbestos (2) Emissions of particuiate matter from uet drilling operations shall not ex ceed those which would be emitted from a wet drill equipped with a cyclone gas cleaning device for collection of dust or (2) Tr.e spraying of any product which contains asbestos m an area directly open to the atmosphere is prohibited. (3) Emissions of particulate matter from spraying of any product which con Insulating products: mist generated from drilling as described tains asbestos, if such spraying is not Headway facilities which would be surfaced in 3 61.23(b). specifically prohibited in subparagraphs or resurfaced using asbestos tailings. (3) Visible emissions of particulate (1) or (2) of this paragraph, shall net 61.21 Definitions. matter from any mine road surfaced with exceed the amounts which would be asbestos tailings are prohibited. emitted if the air containing such emis As used in this subpart, all terms not defined herein shall have the meaning b) Emissions to the atmosphere from asbestos mills shall be limited as follows: sions were treated in fabric filter instal lations as described in 3 61.23(d) or, given in the Act and in Subpart A of this (X) Visible emissions of particulate where approved by the Administrator be part. (a) "Asbestos" means any of six nat matter from asbestos ore dumps, open cause of special process conditions, in storage areas for asbestos-containing wet collectors as described in 5 61.23<fi. urally occurring, hydrated mineral sili materials, external conveyors for as- if) The surfacing or resurfacing of cates: Actinolite. amostte, anthophyllite, bestos-contaimng materials, or asbestos- any roadway with asbestos tailings is chrysotile, crocidolite. and tremolite. containing tailings dumps are prohibited. prohibited. - (b) "Commercial asbestos" means any variety of asbestos which is produced by the concentration of asbestos ore. (2) Emissions of particuiate matter from asbestos ore dryers shall not exceed those which would be emitted from as 6123 Referenced equipment specifi cations. fc) "Asbestos mine'* means any facil bestos ore dryers equipped with fabric (a) Fabric filters referred to in 3 61.22 ity engaged in the extraction of asbestos filter installations as described in 16123 (a) (1) are equipped with fabrics having ore from the earth far the purpose of Cc). airflow permeabilities not exceeding recovering commercial asbestos. <d) "Air flow permeability" means the volumetric rate of air flow in cfm. pro_ duced by a pressure decrease of 0.3 In. ' w.g. across a new, clean filtering fabric, (3) Emissions of particulate matter from air streams used to process as bestos ores or for exhausting particulate matter resulting from milling operations shall not exceed the amounts which 40 cfm/ft*. (b) Cyclone collectors referred to in ! 6122:a).(2) are operated at not less than 7 la. w.g. pressure decrease as meas ured from the cyclone inlet to the outlet. divided by . the area of the fabric in It*. would be emitted if such air streams were (c) Fabric filters referred to in 3 61.22 The test air stream is maintained at treated in fabric filter installations as (b) (2) are equipped with fabrics having nominal atmospheric pressure and described in 5 61.23(d). airflow permeabilities not exceeding 30 temperature. .. (4) Emissions of particulate matter cfm/ft*. (e) "Dry drilling" means the process from any milling operation which con (d) Fabric filters referred to in 3 61.22 of drilling holes in the earth in the ab sence of an applied liquid stream, mist- containing stream or air stream. tinuously generates visible emissions sha not exceed the amounts which would be emitted if such air streams (b> (3) and (4), (c) (l) and (2), and (e) (3) are equipped with woven cotton fabrics having airflow permeabilities not KDIRAL MGISTU, VOL 34, NO. 334--TUIAV, OECIMIU 7, 1971 0006134 PROPOSED RULE MAKING exceeding 20 cfm/ft*. Ho bypass devices are utilized, and provisions ere made for emptying the collection hoppers without creating visible emissions of particulate matter. (e) Fabric filter devices do not meet these, the owner or operator shall make available to the Administrator perform ance data on comparative tests, using suitable standard test aerosols, on the substitute device and the device specified by the applicable standard. Tne perform (j) "Total emissions" means :l.e e--_ssions be. yilium in any form or ary compound, from all pomes wttir.n a '-:itionary source including emissions from the disposal of beryllium contaminated waste. the descriptions in paragraphs (a), (c). and (d) of this section if any of the fol lowing conditions exist: (l) Leakage of gases, containing par ticulate matter, from the control system prior to filtration. (2) Tom or ruptured bass. (3) Improperly positioned bags. (4) Badly worn or threadbare bags. (f) Wet collectors referred to in I 61.22(c) (1) and (2) and (e)(3) are of the high-energy venturi type operated with a minimum gas pressure decrease across the venturi throat of 40 inches w.g. (g) Wet collectors do not meet the description in paragraph (f) of this sec tion if any of the following conditions exist: (1) Leakage of gases containing par ticulate matter from the control system prior to filtration. (2) Operation at less than 40 inches w.g. pressure decrease. ance data shall Include, but not be limited to. the total mass efficiencies of the substitute device and the device specified by the applicable standard. (e) The total mass efficiency of any substitute device for those specified by 61.23 (a), (c), or (d) shall not be less than 99.9 percent. (f) The total mass efficiency of any substitute device for that specified by {61.23(b) shall not be less than 85 percent. ig) The total mass efficiency of any substitute device for that specified by i 61.23(f) shall not be less than 99.5 percent. Subpart C--National Emission Standards for Beryllium 61.30 Applicability. - The provisions of this subpart are ap plicable to the following sources: 61.32 Emission standards for beryl lium. A stationary source subject to this subpart shall, in accordance with the pro visions of | 61.38. elect to comply with either paragraph (a) or (b> of this sec tion. (a) Total emissions to the atmosphere from sources subject to this subpart snail not exceed 10 grams of beryllium in a 24hour day as measured in accordance with Method 3 in the appendix. (b) Total emissions to the atmosphere from sources subject to this subpart snail not exceed amounts which result in an ouepiant concentration of 0.0 i micro grams of beryllium per cubic meter of air averaged over a 30-day period, measured in accordance with a sampling network approved by the Administrator. 9 61.33 Teat methods and procedure*-- stack sampling. (3) Operation at a scrubbing medium flow rate less than specified by the manufacturer for optimum collection efficiency.. 61.24 Substitute devices for the at . uinment of equivalent emission control. ' (a) Compliance with any applicable standard of this subpart which refers to a control equipment specification in I 9123 shall be demonstrated in accord ance with this section if the referenced control equipment is not used. (b) The owner or operator of the emis sion source shall make available to the Administrator sufficient information as may be required to demonstrate that the substitute equipment will provide the degree of control which, in the Judgment of the Administrator, is at least as strin gent as that which would be achieved by using the equipment specified in the ap plicable standard. To the maximum ex tent practicable, the determination of equivalent degree of emission control will be based upon operation at the actual Machine shops: Ceramic plants; . < Propellant plants; Foundries; Extraction plants: Incinerators designed or modified for dis posal of tome substances. 61.31 Definitions. As use in this subpart, all terms not defined herein shall have the meaning given them by the Act and in Subpart A of this part. (a) `Beryllium' means, the element beryllium excluding any associated ele ments. <b) "Extraction plant" means a facil ity chemically processing beryllium ore to beryllium metal, alloy or oxide, or per forming any of the intermediate steps in these processes. <c) "Beryllium ore" means any ma terial mined, hand cobbed, or gathered in any way specifically for its beryllium content. _ (d> "Machine shop" means a facility performing cutting, grinding, turning, honing, milling, deburring, lapping, elec Owners or operators electing to comply with I 61.32(a) shall comply with the re quirements of this section and 1 61.34. (a) All beryllium emissions shall be transported through stacks or ducts which permit testing by the methocs sec forth in Method 3 in the appendix to this port. . (b) AH tests shah be conducted to in dicate the weight emitted per 24-hour day. (c) Method 3 set forth in the appendix to this part shall be used as follows: (1) The minimum sampling time shall be 2 hours, and the minimum sampling volume shall be 75 ft* as measured s? the gas meter. The total gas volume samsied at stack conditions shall be calculates (2) The velocity of the eeluents shall be determined at stack conditions. (3) For each repitition. beryllium emission expressed in grams per cay shall be determined in accordance with Method 3. * S 61.34 Periodic stack sampling and report*. ' conditions at which the substitute device trochemical machining, hot rolling, (a) All existing sources shall be tested is or will be operated on the emission etching or other similar operations on within 3 months of the elective dam of source. Factors which will be considered beryllium metal, alloys or oxide. these regulations and at least once every Include, but are not limited to, collection (e) "Ceramic plant" means a manu 3 months thereafter. efficiency, reliability, and maintenance facturing plant producing commercial (b) All sources constructed after the practices associated with proper opera ceramic stock forms, ware, or other items effective date of these regulations shall tion of the substitute device. * from beryllium oxide. be tested Immediately upon start-up of (c> The owner or operator of the emis (f) "Foundry" means a facility en operations and at least once every 3 sion source shall submit to the Adminis gaged in the melting and/or casting of months thereafter. trator performance data including, but beryllium metal or alloy. (c) Samples shall be taken over such not limited to, total mass collection effi (g) "Propellant" means a fuel and a period or periods as are necessary to ciency of the substitute, control device oxidizer physically or chemically com accurately determine the maximum emis under actual operating conditions or bined which undergoes combustion to sions which would occur in a 24-hour conditions which are representative of provide rocket propulsion. period. In the case of cyclic operations, those of the existing or planned operat (h) "Beryllium alloy" means any sufficient tests shall be made so as to ing conditions. metal to which beryllium Is deliberately allow accurate determination or calcula . (d) In cases for which it Is not reason added and contains more than 0.1 per tion of the emissions which will occur able, in the judgment of the Administra cent beryllium by weight. over the duration of the cycle. tor. to require an owner or operator to (i) "Propellant plant" means any fa (d) All samples shall be analyzed, and submit performance data which are cility engaged In the mixing, casting, or beryllium emissions shall be calculated based upon actual operating conditions machining of propellant that contains within 5 working days after coilvct.un of or conditions which arc representative of beryllium. samples. A total emission exceeumg the FEDERAL REGISTER, VOL Z6, NO. 234--TUESOAT, OECEMRER 7, I9F1 0006135