Document zQ1Qg9GzvqEM1pb8JaOm3Nb9a

V - v PLAINTIFF'S KXIliniT FD-1I7 V IHI'.IL t IlCiVIl. ( . 1 " i\ v *... /.. . i ..-.LLl I- ..1 :I.;\ I . . ' .U'. r . ji lm . 111 uini.i a n i .11-h i i _ , ,. December 13, 1971 ( ^ r - V- | , r TO: AIR DUALITY COMMITTEF. H In the December 7, 1971 Federal Register (Vol 36, No. 235), EPA announced proposed emission standards for three hazardous air pollutants--asbestos, beryllium, and mercury. Hazardous pollutants are defined as substances which may threaten public health and whose release to the atmosphere must be carefully controlled. The Clean Air Amendments of 1970 permit the Administrator to establish emission standards for these pollutants even though their current ambient levels do not constitute a dangerous threat. The proposed standards apply to facilities for producing, manufacturing, or using these substances. There is no mention of asbestos from clutches, or brake linings in the proposed standards. However, the Administrator noted that information on many possible sources of these pollutants is not available in sufficient detail to permit the estab lishment of emission standards on all sources. Investigations are underway and the standards may be modified in the future on the basis of the findings. EPA is required to hold public hearings and set forth standards within 180 days of this announcement unless the pollutants are clearly demonstrated to be not hazardous. A notice of the date, time and location of public hearings will be announced within 30 days and written comments will be received for 90 days. The Administrator specifically requested scientific information on the levels of these pollutants which constitute a risk to public health and ' the extent to which these emission standards would be of benefit to the public health. The standards for the three pollutants are: .. Asbestos There is no standardized method of measuring asbestos . emission levels; so, the proposed standards are not 80Q0 1332 SCF-ALLF-03810 PRODUCED BY FORD numerical values but are expressed in terms of required control practices that will limit emissions to an acceptable level. These practices include: 1. Use of filters to clean gases from mining, milling, manufacturing, and fabrication of asbestos-containing materials 2. Eliminate visible emissions from all sources related to asbestos. 3. Prohibit the spraying of asbestos for fire proofing and insulation except where the spraying is done under controlled conditions. The basic processing of asbestos is done in nine mills within the United States. It is estimated that the cost of complying in these mills will average about 0.9% per ton. . Manufacturing facilities to be controlled include asbestos-cement products, asbestos-containing floor tile, asbestos-reinforced friction material, asbestos paper, and asbestos textiles. An average increase in product price of 0.3% for all manufacturers of asbestos containing products is estimated. The most significant increase will be 2.6% for asbestos paper products. The prohibition of spray applications of asbestos for insulating and fire-proofing is regarded as having no major impact on the price of asbestos. Substitute materials may increase raw material cost as much as 15%, but no due equipment or extensive retraining of personel will be required. / Beryllium The proposed beryllium standards are: 30 day- . 30 minutes- 0.01 25 3#.. . . . . . . . The beryllium emission standards will be applied to ex traction plants, machino shops, foundrioo, oornmic plants, repellent plants, and incinerators designed to dispose of toxic substances. The sources may elect to comply with either the 30 day ambient air standard listed above, or an emission standard of no more than 10 grams of beryllium per 24 hour day. If the former control is chosen, the source must measure air concentrations using a sampling network proved by SPA. If the later Is ohosen, the souroe 800 J 333 PRODUCED BY FORD -3- must periodically test emissions, and report the results to EPA. The extreme toxicity of beryllium has long been recognized, so most sources already have the emission controls in place to comply with these standards. The beryllium collected in the control equipment can be resold to primary extraction plants, and the cost of control will be almost entirely offset. Mercury The mercury emissions standards were developed to insure ambient air concentration of less than 1 /jg/m3 averaged over 30 days. The proposed standard, which apply to plants manufacturing chlorine and alkalide caustic, as well as, primary mercury mines, limit emis sions from each facility to not more than S pounds of mercury during any 24 hour period. It is estimated that the cost of controlling mercury emissions is equal to approximately 2.5-3.5% of the total product worth. Partial recovery of these costs can be expected from the resale of recovered mercury. The hazardous air pollutants standards must be met by any existing source 90 days after the final regulations- are published. However, a waiver of up to two years is possible if the facility cannot be controlled immediately and if steps are taken to assure that the public health will be protected from the immediate risks of significant harm. The President may grant a two year exception if he finds that the technology required is not available and the operation of the source is necessary ,for the national , . security. . The existing sources to which the standards apply are required to report to EPA giving information about operations and emissions control systems. New construc tions or modification of existing sources can only be undertaken with approval of EPA. A fee will be charged to defray all or part of the cost of reviewing applications for approval of due construction or plant modification. A copy of the proposed regulation is attached. H.B.WEAVER, Manager Environmental Engineering Attachment Copies to: Industrial Plant Pollution Control Committee Company Counsel - J2 ... 8000 PRODUCED BY FORn 232-12 PROPOSED RULE MAKING entitled to protection m trade tccrelt of (uct> pcrton. Die Administrator mall consider such records, reports, or In* formation, or particular part thereof, confidential In accordance with the pur* poses of section loos of title 18 of the United States Code, except that such records, reports, or information, or par* tlcular part thereof, may be dir-closcd to other officers, employees, or authorized representatives of the United States con (f) "Alr-ra-cpt drilling" means the process of drliitnc holes in the cnith in the presence of a forced or induced air stream, but not a liquid stream or mtslcouUinlng stream. <r> "Wet dfiljlpg" means the process of dn'llinc holes in the earth to Uic pres ence of a forced liquid stream or mist- containing stream. (hi "Particulate matter" means any material, other than uneomblned water, were treated In fobrlc filter Installations as described in I Cl23(d). (c) Emissions to the atmosphere from bulldlncs. structures, or facilities within winch any fabricating or hir.mUacturlng operation Is carried on shall be limited os follows: (1) Emissions. In direct forced gas streams, of particulate matter resulting from mamilaclurinc or fabricating oper ations shall not exceed the amounts .VI N tented Tilth carrying out the provisions of the Aet or when relevant in any pro which exists In a finely divided form as a liquid or solid. which would be emitted l( such forced exhausts were treated In labric filter In ceeding under the Aet. (l) "Asbestos tailings" means any stallations as described In (Cl 23(d) or. (1.14 Stale amliorily. The provisions of this part shall not be construed In any manner to preclude any State or political subdivision thereof from: (a) Adopting and enforcing any emis sion standard or limitation applicable to a stationary source provided that such emission standard or limitation Is not less stringent than the national emission standard lor hazardous air pollutants ap plicable to such source. Cb) Requiring the owner or operator solid waste product of asbestos mining or mining operations which contains asbestos. (J) "Visible emission" means, lor the purpose of this subpart, any emission which Is visually detectable. (k) "Asbestos mill" means any facility engaged In the conversion of asbestos ore into commercial asbestos. (l) "Monufacturing operation" means the processing of- commercial asbestos or the production of any product containing commercial asbestos. (ml "Fabricating" means the cutting, where approved by the Administrator because of special process conditions. In wet collectors ns described In 1 Cl.33(f). (2) Emissions of particulate matter from any manufacturing or fabricating operation which continuously generates visible emissions shall not exceed the amount which would be emitted If the air containing such emissions were treated In fabric filler Installations as described in | C1.23(dl or, where approved by the Administrator because of special process conditions. In wet collectors ss described in | 6123(f). of a stationary, source to obtain permits, licenses, or approvals prior to Initiating construction, modification, or operation of such source. . Subport 6--Notionol- Emission Stondnrds for A ocslos (1.20 Applicability. The provisions of this subpart are ap plicable to the following source* of at* mosphcrlc asbestos: shaping, assembly, mixing or other al tering of any manufactured product con taining commercial asbestos. . ( 1.22 Emission slundsrdi for asbestos. (a) Emissions to the atmosphere from asbestos mines shall be limited as follows: (1) Emissions of particulate matter from air-swept or dry drilling operations shall not exceed those which would ho cmlltcd from an alr-swent or dry drill, resiscctlvely. equipped with a fabric filler (31 Visible emissions of parUcuJate matter frpm any manufacturing or fabri cating operations In an area directly open to the atmosphere arc prohibited. <d> Visible emissions to the stmos- phert of asbestos particulate matter resulting from the repair or demolition of any building or structure, other than a single-family dwelling are prohibited. (c 1 The spraying of asbestos Is limited > as follows f- (11 Thd spraying of any product which Asbestos mJees; Asbestos mills; Pulldlnf.s, structures, or fsclllllcs within which manufacturing or fabrlcatfog opera tions intoutng tlic use of commercial' as bestos trs carried on: SuUdlogs or structures which hsvs been or will bs oonstrueied or modified using asbestos device for collection of du.it generated from drilling, as described In I 61.23(a). (5) Emissions of particulate matter from wcl drilling operations shall not ex ceed those which would be emitted from wet drill equipped with a cyclone gas cleaning device for collection of dust- or contains asbestos on any portion of a building or structure is prohibited. (2) The spraying of any product which contains asbestos In on area dli cctly open to the atmosphere Is prohibited. (3) Emissions of particulate matter , from spraying of any product which con* '3. Insulating products; mist generated from drilling as described tains asbestos. If such spraying Is not 4 Roadway facilities which would b* surfaced In | 6153(b). specifically prohibited In subparagraphs * or resurfaced vslog asbestos UUlng*. . (3> Visible emissions of particulate (X) or (2) of this paragraph, shall not (1.21 Definitions. ' matter from any mine road surfaced with exceed the amounts which would be - asbestos tailings are prohibited. emitted if the air containing such emls* " As used In this subpart, atl terms not <b> Emissions to the atmosphere from slons were treated ir> fabric filter instal defined herein ihall have the meaning asbestos mills shall be limited as follows: lations as described In I 61.23(d) or. riven In the Aet and in Subpart A of this <l> Visible emissions of particulate where approved by the Administrator be part. . matter from asbestos ore dumps, open cause of special process conditions, in (a) "Aibestos" mean* any of *lx nat storage areas for asbestos-containing wet collectors as described in t 61.23(f). urally occurring, hydrated mineral sili materials, external conveyors for as- (f) The surfacing or resurfacing of cates: Actlnollte. amoslte. anthophylllte, bestos-contalnlng materials, or asbestos- any roadway with asbestos tailings Is chrytotllc. crocldollte. and tremolite. Cb) ''Commercial asbestos" means any variety of asbestos which Is produced by the concentration of asbestos ore. (c)-Asbestos mine" means any facu containing tailings dumps are prohibited. (21 Emissions of particulate matter from asbestos ore dryers shall not exceed those which would be emitted from as bestos ore dryers equipped with fabric prohibited. {1.23 Referenced equipment speclfi- cations. .4 (a) Fabric filters referred to in I 61.22 lty engaged In the extraction of asbestos filter installations as described to f 123 re from the earth for the purpose of (e). recovering commercial asbestos. <31 Emissions of particulate matter (d> "Air flow permeability means the from air streams used to process as volumetric rate of air flow In efm, pro bestos ores or for exhaustlnc particulate duced by a pressure decrease of W in. matter resulting from muting operations w*. across a now. clean filtering fabric ihall not axesed iht amount* which divided by the area of the fabric In ft'.. would be emitted If such afr streams were The test air stream Is maintained at treated In fabric filter Installations as nominal atmospheric pressure and described In 16123(d). ft) (2) are equipped with fabrics haring airflow permeabilities not exceeding <0 cfm/lt'. <b> Cyclone coDcctors referred to In 161.22(a)(2) ore operated at not less than T In. w.g. pressure decrease as meas ured from the cyclone Inlet to the outlet. (c> rubric filter* referred to in i 61.22 (b)(3) are equipped with fabrics haring airflow permeabilities not exceeding 30 temperature. (e) "Dry drilling" means the process of drilling holes in the earth In the abaence of an applied liquid stream, mistcontaining stream or air stream. (4) Emissions of particulate matter from any mllUng operation which con tinuously generates' visible emissions hall not exceed the amounts which would be emitted if such etr streams ctm/ft*. (d) Fabric filters referred to tn t 61J2 Cb> (3) and (4). <c> (1) and (2). and (e)(3) are equipped with woven cotton fabrics taring airflow permeabilities not ftDIOAl (Clint, VOL 3*. NO. 314--TUISOAY. ICIMait T, IWI . .* ' 6000 133S go-V PRODUCED BY FORD PROPOSED RULE MAKING 23243 exceeding 20 ofm/(t\ No bypass devices those, tho owner or oiicrator shall mske . (J) "Total emissions" means the emis arc utilized. and provisions are made (or available to the Administrator perform sions of beryllium in any form or any emptvlns the collection hoppers without ance data on comparative tests, using compound, from Ml points vrilhln a sin- creating visible emissions of particulate suitable standard test aerosols, on the tlonary source includinc emission* from matter. substitute device and the device specified the disposal of beryllium contaminated <e> Fabric (liter devices do pot meet by the applicable standard. The perform vaste. the descriptions In paragraphs (a), (c), and (d> of this section if any of the fol lowing conditions exist: (!) Leakage of gases, containing par ticulate matter, from the control system prior to filtration. , (3) Torn or ruptured bags. (3) Improperly positioned bats. ance data dull include, but not be limited to, the total mass efficiencies of the substitute device and the device specified by the applicable standard. (e) Tho total moss efficiency ef any substitute device for thoso specified by 1 61.33 (a), (c). or (d) shall not be less than 9D.9 percent. $ 61.52 EhiiwSen standard* for litim. A stationary source subject to this subpartshall. In accordance with the pro visions of i 61.38, elect to comply with either paragraph (a) or (b) of this sec tion. (4) (sadly vom or threadbare bags. (f) Wet collectors referred to In | (U2(c) (11 end (3) and (c)(3) arc of tho hlgh-cncrcy venturi type operated with a minimum ras pressure doorcase across the venturi throat of <0 Indies v.g. (g> Wet collectors do not meet tho description In paragraph (f) of this sec tion if any of the following conditions exist: (1) liCakaco of gases containing par ticulate matter from the control system prior to flltratloo. (3) Operation at less than 40 Inches VS. pressure decrease. (f> Tho total mass efficiency of any substitute device for that specified by I 61331b) shall not be less than as percent. (g) The total mass efficiency of any substitute device for that specified by I 61-23(0 shall not be less than 99.5 percent. (a) Total emissions to the atmosphere from sources subject to this subpart shall not exceed 10 crams of btrjUium in n 2-shour day as mcasuicd In accordance tilth Method 3 In the appendix. (b) Total emissions to the atmosphere from sources sub;cct to this subpan shell not exceed amounts which result in an culp!ant concentration of 0.01 micro Subporl C--Nolionol Emission grams of beryllium per cubic meler of sir Stondordi for Deryllium fi 61.30 Applicability. .. averaged over a 30-day period, measured In accordance with a sampling network approved by the Administrator. The provisions of this tubpart are ap plicable to the following source*: ( 61.33 Ten methods and procedures-- ' stack sampling. (3) Operation at a scrubbing medium flow rate less than specifiod by the manufacturer for optimum collection etUdcncy. XUebln* shops; . Ocrsmlc plants: Propellant plants: Foundries; Exlrsctloo plants: Owner* or operators electing to comply . with i ClJ2(a) shall comply with the re quirements of this section and I 61.34. (a) All beryllium emissions shall be ' ( Cl.24 Sulmllule devices for the l* Uinmcnl of equivalent emission loclncrator* designed or modified for dis posal of toxic substances. transported through stacks or ducts which permit testing by the methods set control. (a) Compliance with any applicable standard of this subpart which refers to a control equipment specification in I 61.23 shall bo demonstrated In accord ance with this section if jjie referenced control equipment Is not u; d. Cb The owner or opera' t of the emis sion source shall mate available to the Administrator sufficient information as may be required to demonstrate that the substitute equipment will provide the degree pf control which. In the Judgment of the Administrator, Is at least as strin gent as that which would be aChleved'by * using the equipment specified in the ap plicable standard. To the maximum ex tent practicable, the determination of equivalent degree cf emission control will be based upon operation at the actual conditions at which the substitute device (61.31 Definitions. forth In Method 3-in the appendix to this part. . As use In this aubpart, an terms not (b) AH tests shall be conducted to In- ' defined herein shall have the meaalnr dicale the weight emitted per 24-hour given them by the Act and in Bubpart A of this part. day. ' (c) Method 3 aet forth in the appendix (a) "Beryllium" means the element to this part shall bo used as follows: beryllium excluding any associated ele (1) The minimum sampling time shall ments. be 3 hours, and the minimum sampling (b) "Extraction plant" meant a' facil volume shall be 15 ff as measured by the ity chemically processing beryllium ore to gas meter. The total gas volume sampled beryllium metal, alloy or oxide, or per at slack conditions shall be calculated. - forming any of the intermediate itepe in (3) The velocity of the effluents shall. these processes. be determined at stack conditions. (c) "Beryllium ore" meana_any ma (3) For each replUMon. beryllium terial mined, band cobbed, or gathered in emission expressed In grams per day any way specifically for Its beryllium shall be determined. In accordance with content- * Method 3. - (d> "Machine shop" means a facility performing cutting, grinding, turning, honing, milling, deburrlng, lapping, elec ( 61J4 Periodic reports. atitle asmpling and . trochemical machining, hot rolling, (a) Ah existing sources shall be tested Is or will be operated cn the emission etching or other similar operations on within 3 months of the effective date 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) AH sources constructed after the practices associated with proper opera ceremte atook forms, ware, or other Items effective date of these regulations shaU tion of the substitute device. . from beryllium oxide. be tested immediately upon start-up of (e) 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 ere representative of provide rocket propulsion. period. In tha ease of cyclic operations, those of tha existing or planntd operat ing conditions. th> "Beryllium alloy" means any tnatal to whleh beryllium Is deliberately sufficient tests shaU be mode so ns to 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 (l> "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 r based upon actual operating conditions machining of propellant that contains within 3 working days after collection o. - or conditions which are representative of beryllium. sampler A total emission exceeding tha .e . . noiud ticisru.' you 34, no. aae--tvisdav, oiciM3ft r, mi ' ' 8000 1336 PRODUCED RV pod n